Terms of Trade
The “Contractor” refers to Advanced Perth Removals ABN: 52 587 120 745
3/76 Berriman Drive, Wangara WA 6065
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:
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 5 days’ written notice to the other Party.
5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
6. The Client will:
(a) 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
(b) Provide the Contractor with any information reasonably required to provide the Services and advise the Service Provider or any special requirements for the care of any particular Goods.
(c) Prior to the Relocation date, provide the Contractor with written notice of Goods which comprise;
(i) Valuable Goods;
(ii) Dangerous Goods; or
(iii) Fragile Goods
(d) Allow the Contractors 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.
(e) Provide the Contractor with any information reasonably required, to assist with the free movement of items to be moved, and are to inform the Contractor of any special requirements or care of particular items.
(f) Obtain all required permits, permissions, licenses and consents which may be required, before the commencement of the services, the cost of which will be at the sole responsibility of the Client.
(g) Be responsible to ensure that the Goods are adequately insured for transportation.
7. The Client warrants that;
(a) Any information provided by the Client which has been reasonably relied upon by the Contractor in agreeing to perform the services is factual and correct;
(b) They are the owner of the Goods or the authorised agent of the owner;
(c) Except where Advanced Perth Removals has packed the Goods, the Goods are packed in a suitable manner, in regard to the nature of the Goods, to withstand the ordinary risks of relocation;
(d) They have read these terms and conditions
(e) The Goods do not include any Valuable goods, Dangerous Goods or Fragile Goods.
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.
Fixed Price Quotes
10. If Advanced Perth Removals has agreed to perform Services for a Fixed Price, the Contractor may, acting reasonably, vary the total Amount based on the actual cost incurred by the Contractor in performing the services if:
11. APR has supplied any additional services not referred to when the Fixed Price Quote was provided.
12. Access to the uplift address or delivery address was not as described by the customer and did not allow free movement of the Goods without the need to alter the services provided, use additional equipment, additional staff or extend the time required to complete the services.
13. Access to the uplift address or the delivery address was not suitable for the Service Vehicle to get within 20 meters of the doorway and as result the Service Provider was required to complete additional work not included in the Quote.
14. The Service Provider incurred 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.
15. The Client understated the amount of Goods and as such the Service Provider had to perform additional trips.
16. Any of the details on the Quote changed.
17. Any of the information supplied by the Client was incorrect or inaccurate
18. The Client asked the Service Provider to park the Service Vehicle in a place where the Service Vehicle became subject to a fine.
Amendments to Quotes
19. Quotes are to be prepared on the basis of the Contractor’s experience and all information supplied by the Client regarding;
(a) The nature, size, weight and quantity of Goods to be relocated.
(b) 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
(c) The date required for the relocation.
20. 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.
21. The Contractor agrees to notify the client as soon as a change to the fees occurs resulting from the details provided by the Client.
22. If Advanced Perth Removals does not deliver the Goods because:
(a) There is no authorised person at the delivery address to receive the Goods on the Service Provider’s arrival;
(b) The Service Provider cannot gain access to the delivery address;
(c) Of any reason beyond the Service Provider’s control including but not limited to industrial disputed, weather, traffic or road conditions.
23. Advanced Perth Removals will be entitled to; at its own selection;
(a) Return the goods to the uplift address at the cost of the Client or
(b) Unload the Goods at a location of its choice, including a warehouse or storage facility.
(c) 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.
24. Unless expressly stated in the Quote provided that the relocation is to be on a fixed price basis, Advanced Perth Removals will charge, and the client agrees to pay for the total Services performed.
25. In providing the Services, Advanced Perth Removals 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.
26. Except as otherwise provided in this Agreement, all monetary amount referred to in this Agreement are in AUD (Australian Dollars)
27. The Contractor will charge the Client for the Services at the rate as shown on the quote.
28. The Client will be invoiced when the Services are complete.
29. Invoices submitted by the Contractor to the Client are due upon receipt via;
(b) Stripe Payment (card); or
(c) Bank Transfer
30. 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.
31. 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.
32. The customer agrees that if it fails to pay the total amount due upon receipt, the company may;
(a) Charge interest payable on any overdue amount under this agreement at a rate of 15.00% per annum.
(b) Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;
(c) Sue for the money owing on the goods and services provided.
33. 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 24 hours of the invoice date, failing which the Client loses any right to dispute the quality of the goods, services or quantum of.
34. If the Client chooses to cancel the relocation, Advanced Perth Removals may charge according to how much notice is given;
(a) 7 Days or more, no charge
(b) 2-6 days, 20% of Quote
(c) 24 hours or less, or no notice given, 40% of Quote
35. At the written request of the Client, the Contractor will loan to the Client Packing Boxes, delivered and collected all at no cost to the Client.
(a) Where a request has been made, unless otherwise agreed between the parties in writing, the Packing Boxes will;
(b) Be delivered by the Contractor to the uplift address before the relocation date; and
(c) Be collected by the Contractor from the delivery address no later than 14 days after the relocation date.
(d) If any of the loaned Packing Boxes are returned to Advanced Perth Removals in a poor or unusable condition (to be determined at the sole discretion of the Contractor) the Contractor may charge, and the Client will be obliged to pay, the whole replacement cost of the unusable Packing Boxes.
(e) If any of the loaned Packing Boxes are not returned to Advanced Perth Removals, the Client may be charged and the client will be obliged to pay the replacement costs of the Packing Box.
Refusal of Carriage of Goods
36. Advanced Perth Removals reserves the right, at its sole discretion, to refuse to accept the carriage of Goods for any reason.
37. 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
38. 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.
39. 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.
40. 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.
41. 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:
a) Advanced Perth Removals
3/76 Berriman Drive, Wangara WA 6065
42. 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
43. 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.
44. 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.
45. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
46. This Agreement will be governed by and construed in accordance with the laws of the State of Western Australia.
47. 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.
48. 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.
Agreement means the Quote together with these terms and conditions. Client means the party entering into the Agreement with the contractor. Dangerous Goods means any firearms and all such Goods as are in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable, volatile or capable by their nature of causing damage or injury to other Goods or persons or animals or any other thing in which such dangerous goods are carried or stored, or any Goods which in the opinion of the Carrier are likely to cause damage or injury to persons, other Goods or property. Delivery Address means the location where the Client has identified the Goods are to be delivered to.
Fragile Goods means glassware, porcelain, enamel or fibreglass goods, furniture of any kind, household or personal effects or any goods that are fragile or marked fragile and any Goods that are of a brittle or delicate nature.
Goods mean all furniture and other items which are to be subject of the Service. Uplift Address means the location where the Goods are collected from. Valuable Goods means jewellery, precious objects, works of art, antiques, money, collection of items or any valuable equipment in any case having a value in excess of $1000.00.