AGREEMENT FOR MOVING AND PACKING

These terms and conditions will apply to all contracts in respect of which you have requested us to arrange for the carriage of goods (Movers). You (Customer) acknowledge and accept that you have read, understood, and agreed to these terms and conditions prior to booking a move with us.

1. DEFINITIONS

• “We” means P S RANA PTY Ltd having ABN 60 627083416, and "Us" and "Our" have corresponding meanings.
• “You” means the party entering into the agreement for Services with us, and includes the party to whom our quotation is addressed and the party by whom the acceptance is signed, and “Your” has a corresponding meaning.
• “Goods” means all furniture and other effects which are to be the subject of the Services.
• “Services” means the whole of the work to be undertaken by us in connection with the Goods including removal and (if applicable) storage.
• “Subcontractor” means any person other than one of our employees who, under any agreement or arrangement with us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services.
• “Container” means the shipping container, or storage module we provide, including all packing materials.
• “Storage Facility” means any of the warehouse premises we occupy and or our destination agent occupies.
• Words in the singular include the plural, and words in one or more genders include all genders.
• These terms and conditions can be varied or amended subject to the prior written agreement.

2. REMOVAL SERVICES

• We are not common carriers and accept no liability as such. Moreover, we are very professional in every sense of our work, our movers are very well versed in their work and carry all the equipment as per the need of the customer.
• We reserve the right to refuse to quote for the carriage of goods for any particular reason and for the carriage of any goods or classes of goods at our discretion.
• You acknowledge and accept that any pick-up/delivery time or date advised by us is indicative only and is not guaranteed to be met. If there is a pickup/ delivery time or date which in our opinion cannot be reasonably met, then we reserve the right to alter that time or date at any time before the commencement of the move.
• If our removalists believe there are safety risks or the work being requested is not suitable for our removalists and/or equipment we have the right to refuse to undertake the work.
• An hourly rate (charged per hour) / flat rate payable for our Services provided during the Move; plus, additional fees like call out, return cost, depot to depot cost, fuel charges, Stairs fees, heavy lifting charges, any special heavy items charges will be applicable, whichever are agreed with you in writing prior to the commencement of the Move.
• We reserve the right to ask you to make the payment upfront or during the local move and you must pay all fees owing to us immediately upon completion of the Move we have the right to store the goods in our custody until the payment is cleared.
• We reserve the right to charge extra fees, where items have been added to the moving list without consultation with office staff prior to the day of the move.
• We take tolls price which is at customer expense.
• We provide a quote for a number of trucks and removalists which is based on the information you have provided over the phone and or email us about your property. This does not guarantee the work will be completed within a certain timeframe.
• If upon conducting the risk assessment there are any specific items that require extra physical efforts then they shall be subjected to additional charges during the conduct of risk assessment.

3. Client Responsibilities:

You (customer, thereinafter referred as “you”) hereby represent and warrant to the Company and assume full responsibility for:

• Accuracy of Information: You (customer) represent and warrant to the Company that all information provided by you is accurate and complete. You understand that we rely upon this information to assess the work/resource required, and our quotation is based on this original information provided by you.
• Ownership of Items: You represent to the Company that the items you have requested to be removed/stored are your own property or you are the authorized agent of the owner.
• Prohibited Items: You represent to the Company that items that are subject of work to be performed by the Company exclude any dangerous items such as firearms, explosives, inflammable and highly combustible items as well as any items that may attract or encourage vermin or pests.
• Fragile and Valuable Items: You are solely responsible for providing us with a written list of any fragile items to be removed or stored by us prior to the commencement of the work. We expressly disclaim all liability for storage and removal of any valuable items including but not limited to any items of jewellery, cash, money bags or other similar precious items. You are hereby advised not to include any valuable items for removal and storage.
• Items left behind and erroneously moved: It is solely your responsibility to carefully inspect the premises and items to ensure that nothing that you wish to be removed or stored is left behind.
• Availability: You agree to be available and present on the agreed date and time or have your authorized representative present at the time of collection and again during delivery.
• It is the duty of the customer to inform us of the correct address, and phone number and also notify us if the same is changed. In case if customer number is off or out of network during the move, after considering the reasonable time we will exclude all liability in such case

4. EXCLUSION OF LIABILITY:

We always ensure to provide the customer with a hassle-free move. However, we exclude the liability in the below cases.

Note: Nevertheless, we take extra care of your belongings, while moving, minor scratches on the floor/walls/goods may happen. This depends upon various factors i.e. access to the properties/narrow stairs access/enclosed sections of particular goods, and heavy/delicate goods.

To the fullest extent permitted by the law, we specifically exclude and limit any liability under our Guarantee, these terms, and at law that arises from:

• Unconfirmed Items: where items have been added to the moving list without consultation with office staff prior to the day of the move then an extra charge will be applicable.
• Identified Risks: The company is not liable for the damage where the existing condition/circumstances of an item OR a particular direction or instruction contravenes our normal workmanship standards for moving Pianos and Pool Tables requires a minimum of 3-4 movers depending upon the size and weight of the item but if done with inappropriate manpower, It will be verbally agreed between you and us relating to existing conditions/circumstances of an item and hence will not be covered by this guarantee.
• Unknown Risks: where the damage arises from conditions or things which are not known to us, for example from a defect in any Goods that is not immediately obvious.
• Inadequate/inappropriate packing: where damage has arisen as a direct or indirect result of your failing to adequately protect and appropriately pack the Goods.
• Inadequate notice: where you fail to notify us of the damage to the Goods at the time of completing the Move in accordance with Section 4(4).
• Unavoidable Risks: self-assembled furniture that has not been flat-packed for transport, electronic goods & white goods not packed in their original packaging like Television or appropriate box suitable for transport, items in excess of safe lifting limits, marble or masonry items, mattresses not in protected wrapping, pot plants or fish tanks or any other item whereby moving such an item can cause unavoidable damage due to the nature of that item.
• Electrical Goods: internal damage to electrical goods where we have caused no external damage, as some items may develop unavoidable faults no matter how carefully handled.
• Televisions: due to their inherent design, it has been found that damage can occur to curved televisions even when properly packed and handled, and as such are excluded from any guarantee.
• Non-structural damages: where the damage to an item or property is of a cosmetic nature such as surface dents or scratches.
• Consequential loss or damage: any consequential loss or damage arising in respect of the Move or any damage caused during the Move to the Goods, other items that are not being moved, or the property at which the goods are being removed from or delivered.
• Sets: Where an item is part of a pair, set, suite, or collection of items, our liability shall extend only to the proportionate part of the pair, set, suite, or collection of items, regardless of any special value the damage or lost part may have as part of such pair, set, suite or collection of items.
• Transport damage: where the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision, or overturning and we are compensated by our insurer, you will only be entitled to compensation to the extent such compensation is covered by our insurance.
• Mobile storage: where items have been moved into a mobile storage container.
• Gratis work: any move that is completed for no charge to any parties involved is excluded from this guarantee.
• Single removalist moves: any move involving only one member of staff is excluded from this Guarantee.
• Glass, Stone items: Items of glass/mirrors not properly packed or wrapped securely. This includes picture glass, table tops & glass cabinets. Stone, including marble, granite, composite, or similar items. We will take extra care and precautions while moving these items if they can be safely moved, however, we do not provide coverage for these items under our insurance because of their extremely fragile nature.
• Unpacked Goods: we exclude our liability where goods are lost or damaged that were unpacked.
• Perishable Goods: we are not liable in cases where goods are perishable in nature.
• Atmosphere conditions: we are not liable where goods are damaged because of atmosphere conditions e.g.
• Negligence: We will only be liable for loss or damage resulting from our negligence which can be proven (without reasonable doubt). Moreover, if movers cause loss or damage to premises or property other than goods as a result of negligence or breach of contract, our liability is limited to the damage area only.
• We exclude our liability for any goods damaged or lost/damaged in drawers, bundles, or cartons. other containers etc.
• We exclude our liability where pre-existing defects in the goods.
• We exclude our liability where damage is caused to goods because of pitch darkness or murky.

5. Subcontracting:

• The Company reserves the right to subcontract the whole or part of the work under this Agreement. In the event we subcontract any part or whole of the work under this Agreement, these terms and conditions will continue to apply.

6. Delivery of Items:

• You understand and accept that we are only able to deliver the items to you or a person nominated by you in writing. If there is no one to receive the items when we attempt to deliver, or we are unable to access the premises due to no fault on our part, we will make our best effort to contact you to explore alternative arrangements.
• Not with standing the foregoing, you agree that we may store the items into a warehouse and charge you any costs of storage and redelivery to you.

7. Storage Terms and Conditions:

• Inventory of Items Received: When we receive your items for storage, we will compile an inventory of items received and request your confirmation and signature. When you sign the inventory or fail to sign it or raise any objection as to the accuracy of its content within two days from the date of receipt, the inventory shall be deemed to be conclusive evidence of items received by us for storage.
  Please note that unless expressly agreed otherwise, the inventory will only list visible items. We reserve the right to charge extra for our service in compiling a more detailed list of items.
• Storage fees: We reserve the right to revise our storage fees in our sole discretion. Where we provide you with our storage fee quotation via an email, we will notify you of any changes in your storage fees via email after the expiration of your current storage agreement.
• Insurance: We do not offer insurance for storage. We do not assume any responsibility for any loss or missing items from our temporary storage.
  customer may request removal of your items from storage at any time by giving us at least five working days’ prior written notice/mail and upon payment of any outstanding storage fees.
  Please note that where you give us less than five working days’ notice, we will make our best effort to deliver the items to you but we are unable to offer any guarantees as to the timely delivery and you may incur additional charges for expedited delivery.
• Forced removals and disposal of storage items: We reserve the right to request you to remove your items from our storage by giving you 14 calendar days written the notice. Where you fail to comply with our request, we may after 7 days from the last day of your notice period dispose off any or all your items in storage by online through eBay or other similar auction platform and use the proceeds from the sale of your items to recover any outstanding storage fees due and payable by you to the Company.

8. Our Fees and Payments:

• Payment Obligations: You are under legal obligation to pay our full fees as quoted immediately before all the items are unloaded from the truck.
• Additional Work: Where we are required to perform additional work from what was initially included in our quote or if we are prevented from performing the work on the date and time agreed, due to no fault of ours, we shall be entitled to charge you for such additional work.
• Interests on non-payments: Your failure to pay our fees in full at the time it becomes due and payable will give us the right to seize your items in our possession until such time that you make the full payment. In the event we do not receive our full payment within a specified period of time, we reserve the right to sell any items to recover our fees.
  Please note that where there is an outstanding amount due and payable by you to us for more than 30 days, you will incur interest on such outstanding amount at the rate of maximum personal overdraft provided such amount does not exceed $7000 on a monthly basis.
• Access: Unless agreed in writing, we may charge an additional fee for collections and deliveries to premises with hard access which includes stairways and properties where the truck cannot be parked within 30 meters from the front door.
• Contractual Lien: The Company shall have the right to withhold and sell your items to recover any amounts due and payable by you to the Company for any work performed under this Agreement. Without prejudice to any other legal rights that we may have under this Agreement or otherwise at law, the Company may give you 20 calendar days’ written notice disclosing its intention to sell your items where an amount has been outstanding for more than 5 weeks. At the lapse of the notice period, the Company may sell any of the items to recover the outstanding amount whilst simultaneously exercising its other legal rights.

9. Insurance:

• The Company has all necessary equipment required to carry out the work agreed such as blankets, bubble wraps, ropes and straps. We disclaim all liability for damage caused during transit. Please note We do agree to provide a standard Public Liability Insurance. For more information about the insurance, please see the details given below.
  (a) Coverage of Public Liability Insurance is up to $5 Million. Access for the Public Liability insurance is $500 which is payable by the customer. A copy of the Certificate of Currency is available on request.
  (b) We do not provide Goods and Transit Insurance.
  (c) We do not provide insurance coverage and strongly recommend that you arrange your own insurance. We suggest checking for removal insurance where you can get an instant quote and/or instant cover. Our team of professional movers endeavours to move your possessions carefully however on some occasions damages do occur.
• The Company does not offer any insurance for breakages, scratches and other damage of similar nature or for any loss of items. When you accept our booking confirmation email, you expressly assume the full liability for these risks and agree to get your own insurance.
• We do not assume any responsibility for items packed by Clients. It is solely your responsibility to ensure the item is clearly labelled. The Company will not be responsible for any items being lost as a result of the Client’s failure to clearly label the item.

10. OUR GUARANTEE:

• Subject to compliance with these terms and conditions, we guarantee that our Services will be executed with due care and skill. To the extent we cause damage to the Goods (‘Damaged Goods’) as a direct result of failing to exercise due care and skill during the Move, we will at our sole discretion:

• Option to Repair: (Repair the Damaged Goods to as near the condition prior to the damage occurring).Where we elect to repair any Damaged Goods under condition 10 (1), the repair will be made as near the condition prior to the damage occurring, and will strictly be limited to the affected area of the damage only. Any repairs will be undertaken by the skilful repairer (handyman) of our selection.
• Option to Replace: (Replace the Damaged Goods if a repair cannot be performed). Where we elect to replace the Damaged Goods under condition 10 (2), the replacement will be as near to the condition the Goods were in prior to the damage. For the avoidance of any doubt, any damaged used Goods are not required to be replaced by new goods. Please Note we provide replacement of goods only in the case where repair is not possible.
• Option to Compensate: (Compensate you for the damage caused to the Goods). Where we elect to compensate you under condition 10 (3) we will only be liable for loss or damage resulting from our negligence, and in any event that liability will be limited to a maximum of $100 per item or package or a maximum $500 in respect of all goods moved under this agreement (whichever is the lesser).”
  Please Note: Where a replacement or compensation is offered, this is not a “new for old” service. The valuation will take into account the age, depreciation, and wear and tear of the item.

11. Back loading Policy:

• Unless expressly stated otherwise in our booking confirmation email to you, with our Back loading service you understand and agree that the deliveries may take from 1 to 7 business days from the date of collection.

12. Loss or Damage:

Non-Commercial/Commercial Removals and Storage:

• Competition and Consumer Act 2010, Schedule 2: Where the work is required by you for your private and non-commercial purposes, this agreement will include the guarantees set out in Section 60, 61 and 62 of the Australian Consumer Law including the guarantee that the work will be performed with due care and skill.
• Negligence: Our liability for any loss or damage to the items will be limited to the extent that such damage was caused by our Negligence. Any loss or damage to any items caused by your action or omission will not be our liability.
• Exclusions: The Company will not be held liable for any loss, damage or delay which is not caused by any fault on the part of the Company including but not limited to any loss, damage or delay caused by any third parties or from your side.
• Damage incurred as a result of poor packaging: The Company will not be liable for any damage caused to the items as a result of poor packaging by the Client where the Company was not requested to offer packaging service to the Client.
• The inherent risk in the removal of certain items: There is always an inherent risk of damage during transportation of certain types of items such as computer and scientific equipment, musical instruments and other similar items. The Company will not assume any liability for any such damage and the Clients are advised to obtain their own insurance to guard against any such damages.
• Notice of loss or damage: At the time you accept delivery, you will be required to sign an inventory to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to submit any claim for loss or damage to any item under this Agreement, you must notify us of any damage caused to your Goods during the move and you must inform us in writing to us via email. Or you must list any damage to the goods on the job sheet available with our team. We will not be liable for anything reported once our team leaves your property.(mail). Your failure to notify us of any loss or damage within said period will result in the waiver of your right to claim any loss or damage from the Company thereafter.

13. CANCELLATION OR POSTPONING THE MOVES:

• We reserve the right to charge the applicable fees for cancellation or postponing the move. Please check the below details for a better understanding of the fees.

• If notice is given on the same day, then there will be a minimum cost will be charged for the job.
• Notice is to be given 5 days prior otherwise, there will be a $500 cancellation fee to be charged.
• The cancellation fee shall vary as per the job booked.

14. PAYMENT AND DEPOSITS:

• The agreed amount/Half deposit is required to secure your local booking. The deposit is non-refundable subject to the applicable Cancellation.
• You must pay the full amount due on completion of the move either by Bank Transfer or Cash.
• Without limitation and at our Mover’s discretion, upon unloading your goods, Mover reserves the right to withhold some of your goods in the truck until the final payment has been made.
• Recovery for legal costs. You are liable for any additional cost(s) incurred by us, as a result of having to recover overdue or outstanding monies from you.
• Goods held in lieu of payment. We reserve the right to seize or hold the goods and where you fail to pay any amount due, dispose of or sell goods in lieu of payment. We may dispose of goods in lieu of payment after a period of 28 days (28) days from the completion of the move.

15. DELAYS IN TRANSIT:

• We will do our best to arrive within the time slot provided to you while booking. As already explained, it is the estimated time only for the arrival. So, it may vary depending on the earlier customer jobs. This scenario is completely out of our control.
• Delays may happen due to bad weather, traffic accidents, Truck mechanical failure, any medical emergency, etc.
• We shall not be liable for delays or failures to provide the services under this Agreement as a result of an Act of God, adverse weather, third-party industrial action, rescheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
• We do not accept any responsibility for any customer’s losses due to unforeseen or out of our control delivery/pick-up delays.

16. PAYMENT:

• We accept cash payments and bank transfers. In case of bank transfer, we will accept only bank receipts (authoritative bank details of payment), phone screenshots or phone pics will not be accepted.

17. EXTRA STUFF:

• Unless included in the Inventory List or informed us prior to the move through mail there will be accessorial charges for extra stuff. Further, we reserve the right to refuse to move such items, unless informed prior to move or until paid extra for the said items.

18. PARKING:

• We will park anywhere safe you ask us to, EXCEPT in a Clearway. If the parking space is not legal, you can ask us to find a legal spot further away. Any parking fees we pay or infringements we receive will be added to the cost of the job. All our vehicles are eligible to use Loading Zones; however, time limits always apply.

19. VARIATION:

• We reserve the right to vary these terms and conditions at any time subject to written notice being given to you prior to the Move.

20. COSTS:

• You are liable for any additional cost(s) incurred by us, as a result of a breach of these terms and conditions.

21. SEVERANCE:

• Any provision in these terms and conditions that is prohibited or unenforceable is to be severed and read down to the extent necessary to make these terms and conditions enforceable unless it would materially change the intended effect of these terms and conditions.

22. APPLICABLE LAW:

• These terms and conditions are governed by the law in force in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia.