Terms of Trade

The “Contractor” refers to

Advanced Perth Removals & Storage Pty Ltd
ABN: 85 691 097 024

3/76 Berriman Drive, Wangara WA 6065

Background

A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client

B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in the Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in the Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor agree as follows:

Service Provided

1. The Client hereby agrees to engage the Contractor to provide the Client with the following services:

  • Removals

2. The Services will also include any other task which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

Term of Agreement

3. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in the Agreement.

4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide at least 7 days’ written notice to the other Party.

Performance

5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Clients Obligations

6. The Client will:

  1. Be, or elect an authorised person in writing to be, present when the Goods are loaded at the uplift address and unloaded at the delivery address.
  2. Provide the Contractor with any information reasonably required to provide the Services and advise the Service Provider of any special requirements for the care of any particular Goods.
  3. Prior to the Relocation date, provide the Contractor with written notice of Goods which comprise:

    1. Valuable Goods; or
    2. Fragile Goods; and
    3. While we will handle these items with extra care, we cannot accept liability for damage to items not disclosed.
  4. Allow the Contractor to carry out their responsibilities. Should the Client or associates assist with any aspect of the moving of items and damage is caused during assistance then no liability shall be held by the supplier or Contractor.
  5. Provide the Contractor with any information reasonably required to assist with the free movement of items to be moved and inform the Contractor of any special requirements or care of particular items.
  6. Obtain all required permits, permissions, licenses, and consents which may be required before the commencement of the Services, the cost of which will be the sole responsibility of the Client.
  7. Be responsible to ensure that the Goods are adequately insured for transportation.
  8. To the best of the Client’s ability, ensure that all Goods to be removed or stored are uplifted by the Contractor and that none is taken in error. Failure to do so may result in additional charges.

Client Warranties

7. The Client warrants that;

  1. Any information provided by the Client that has been reasonably relied upon by the Contractor in agreeing to perform the services is factual and correct.
  2. They are the owner of the Goods or the authorised agent of the owner.
  3. Except where Advanced Perth Removals has packed the Goods, the Goods are packed in a suitable manner, considering their nature, to withstand the ordinary risks of relocation.
  4. They have read these terms and conditions.
  5. The Goods do not include any Dangerous Goods. The Contractor does not transport dangerous or hazardous materials, including but not limited to flammable, corrosive, or toxic substances. It is the Client’s responsibility to ensure that no such materials are included in the move.

Quotes

8. The Client acknowledges and agrees that unless expressly stated to perform the work for a Fixed Price, the Quote is a non-binding estimation of costs only and will be invoiced for the actual time taken to complete the relocation.

9. The time of arrival is an approximation only and cannot be guaranteed due to the nature of the work. The Contractor will do everything they can to arrive at the discussed time however they will ensure to provide the Client with an updated time of arrival if necessary.

10. The Client acknowledges and accepts that there is an additional fee of $20 per hour, per team member incurred on Saturdays.

11. The Client acknowledges and agrees that if the relocation exceeds 3:00pm, overtime rates will apply at an additional $20 per hour, per team member.

12. The Client understands that all contents must be pre-packed prior to the move. This quote does not include packing of smaller items into boxes unless explicitly stated. If items are not pre-packed to a suitable level, the relocation process may take longer than expected and the final invoice will reflect the actual time taken to complete.

13. Your quote is valid for 14 days from the date issued. After this period, the quote will automatically be marked as unsuccessful. Please note that any acceptance of the quote after this period will not be notified or received. To reopen the quote, we require an email or phone call.

14. The Contractor reserves the right to take photographs of the contents and condition of the goods, as well as the property, prior to and during the move. These photographs will be used solely for the purpose of documenting the inventory and condition of the items, and may be used to verify any potential damages or disputes.

15. The Client acknowledges and accepts that the Contractor does not accept liability for damage to IKEA or flat-pack furniture due to their low quality and the difficulty of moving them once assembled. These items are prone to damage during transit. We recommend disassembling them prior to the move to minimize risk. No responsibility will be taken for any damage to such items, whether assembled or not.

16. The Client acknowledges and accepts that all electronics must be demonstrated as working to the moving team before the move begins. If any electronics are not shown to be in working condition, we cannot accept liability for any damage that may occur during transit.

17. The Client acknowledges and accepts that the Contractor cannot accept liability for any further damage to items already compromised by pre-existing conditions such as cracked surfaces, worn screw holes, rotted wood, or similar structural flaws. As these items are more vulnerable, they may sustain additional damage during the relocation process. We will however take as much care as possible to handle these items safely during the move.

18. We expect all customers to always treat our staff with respect and courtesy. Any verbal or physical abuse, harassment, or inappropriate behaviour towards our team will not be tolerated. If such behaviour occurs, we reserve the right to immediately cease work, remove goods from the truck, and terminate the move, with no refund issued for any services rendered up to that point. The customer will still be charged for the services provided up to that time.

19. Advanced Perth Removals & Storage may, acting reasonably, vary the Total Amount based on the actual cost incurred by the Contractor in performing the services if:

  1. The Contractor has supplied additional services not referred to when the Estimated Quote was provided.
  2. Access to the uplift address or delivery address was not as described by the Client and did not allow free movement of the Goods without requiring alterations to the services, additional equipment, extra staff, or extended time to complete the work.
  3. Access to the uplift address or delivery address was not suitable for the Service Vehicle to come within 20 meters of the doorway, requiring the Service Provider to perform additional work not included in the Quote.
  4. The Service Provider incurred charges for parking, toll roads, congestion fees, or any other Government-imposed charges during transportation of the Goods from the uplift address to the delivery address.
  5. The Client understated the amount of Goods, requiring the Service Provider to perform additional trips.
  6. Any details on the Quote changed.
  7. Any information supplied by the Client was incorrect or inaccurate.
  8. The Client instructed the Service Provider to park the Service Vehicle in a location that resulted in the vehicle receiving a fine.

Quote Acceptance

20. The Client acknowledges that the quote provided does not secure a booking until the following has been completed:

  1. The Client has accepted the online quote via the SM8 link provided.
  2. The Client has provided Advanced Perth Removals with the uplift and delivery addresses in writing.
  3. The Client has paid a deposit amounting to 20% of the estimated quote (50% for commercial relocations) (see Section 33. For accepted payment types) within 24 hours of accepting the online SM8 quote. This deposit is strictly non-refundable (subject to our discretion).
  4. The Client has received a confirmation email from the Contractor stating that the booking is confirmed.

Amendments to Quotes

21. Quotes are to be prepared on the basis of the Contractor’s experience and all information supplied by the Client regarding;

  1. The nature, size, weight, and quantity of Goods to be relocated.
  2. The uplift address and delivery address, including information regarding access, presence of stairs, and any other restrictions or difficulties in accessing the building or the Goods; and
  3. The date required for the relocation.
  4. The Client agrees that this estimate is an approximation only and is not guaranteed. The estimate is based on information provided from the Client regarding the project requirements.
  5. The Client agrees that any changes to these details provided by the Client may result in changes to the fees charged (including Fixed Price Quotes) for the Services and the Contractor reserves the right to amend the fees accordingly.
  6. The Contractor agrees to notify the client as soon as a change to the fees occurs resulting from the details provided by the Client.

Non-delivery

25. If the Contractor does not deliver the Goods because:

  1. There is no authorised person at the delivery address to receive the Goods on the Service Provider’s arrival;
  2. The Service Provider cannot gain access to the delivery address;
  3. Of any reason beyond the Service Provider’s control including but not limited to industrial disputed, weather, traffic, or road conditions.

26. The Contractor will be entitled to; at its own selection;

  1. Return the goods to the uplift address at the cost of the Client or;
  2. Unload the Goods at a location of its choice, including a warehouse or storage facility.
  3. The Service Provider will be entitled to charge an additional amount for transport, labour, storage and for any subsequent re-delivery of the Goods when action is taken.

Amount Owed

27. Unless expressly stated in the Quote provided that the relocation is to be on a fixed price basis, the Contractor will charge, and the client agrees to pay for the total Services performed.

28. In providing the Services, Advanced Perth Removals & Storage employees are entitled to a 15-minute break for every 2 hours worked which is to be included in calculating the total hours worked for the purpose of the Quote and Final Invoice produced.

Currency

29. Except as otherwise provided in this Agreement, all monetary amount referred to in this Agreement are in AUD (Australian Dollars).

Payment

30. The Contractor will charge the Client for the Services at the rate as shown on the quote, or as outlined in section 22 at an amended rate when changes are made to the details provided by the Client.

31. The Client will pay a 20% deposit, and upon completion of the job the remaining balance will be due in full.

32. Invoices submitted by the Contractor to the Client are due upon receipt via;

  1. Cash
  2. Stripe Payment (card) (stripe/card transactions incur a 1.49% + 30c processing fee); or
  3. Bank Transfer

33. In the event that this Agreement is terminated by the Client prior to the completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the time of termination provided that there has been no breach of contract on the part of the Contractor.

34. The Payment as stated in this Agreement does not include charges for parking, toll roads, congestion fees or any other charges levied by the Government for transportation of Goods from the uplift address to the delivery address. These will be charged to the Client in addition to the Payment.

Late Payments

35. The customer agrees that if it fails to pay the total amount due upon receipt, the company may;

  1. Charge late fees on any overdue amount under this agreement at a rate of 12.5% per month.
  2. Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;
  3. Sue for the money owing on the goods and services provided.

Disputes

36. If the Client disputes any services supplied by the Contractor are faulty, defective or disputes the Invoice the Contractor has issued, the Client must notify their reasons in writing to the Contractor within 48 hours of the invoice date, failing which the Client loses any right to dispute the quality of the goods, services or quantum of.

Postponements and Cancellations

37. Please note that once you have booked our service it means that we have reserved time in our schedule exclusively for you.

38. If the Client postpones the agreed relocation date accepted in the quotation, the Contractor may charge according to how much notice is given;

  1. 5 days or more notice given, no charge incurred.
  2. 2-4 days notice given, 10% of the accepted Quote will be charged if the reserved time is unable to be re-booked.
  3. Less than 48 hours, or no notice given, 20% of the accepted Quote will be charged if the reserved time is unable to be re-booked.

39. If the Client cancels the relocation, the Contractor may charge according to how much notice is given;

  1. 7 days or more notice given, no charge incurred.
  2. 2-6 days notice given, 20% of the accepted Quote will be charged.
  3. Less than 48 hours, or no notice given, 40% of the accepted Quote will be charged.

40. A cancellation also includes appointments where the Contractor is unable to access the property, is turned away or the Client is unavailable.

41. The Client must notify Advanced Perth Removals & Storage in writing via email of their intent to postpone or cancel.

42. The Client understands and agrees that the 20% deposit may be used in part or full to cover these fees.

Refusal of Carriage of Goods

43. Advanced Perth Removals & Storage reserves the right, at its sole discretion, to refuse to accept the carriage of Goods for any reason.

Capacity/Independent Contractor

44. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

Right of Substitution

45. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

46. In the event that the Contractor hires a sub-contractor:

  • The Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
  • For the purpose of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.

Autonomy

47. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to the provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

Notice

48. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

  1. Advanced Perth Removals & Storage Pty Ltd
    3/76 Berriman Drive, Wangara WA 6065
    info@advancedperthremovals.com.au

Indemnification

49. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by the law, each party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

50. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing.

Enurement

51. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

52. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Governing Law

53. This Agreement will be governed by and construed in accordance with the laws of the State of Western Australia.

Severability

54. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

55. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.