Terms & conditions
Terms & conditions
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2 Our Quotation is valid for seven days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within seven days of acceptance.
1.2.2 Our costs change because of currency fluctuations, changes in taxation, freight, fuel and other factors that are beyond our control.
1.2.3 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.4 You agree to pay any reasonable charges arising from the above circumstances.
1.2.5 Our limit of liability for loss and damage is set out in Clause nos. 8 and 10.
1.3.1 We agree in writing to provide standard public liability and marine insurance. To See full details about our standard insurances, please see Clause nos. 1.3.2 to 1.3.4
1.3.2 We provide standard public liability insurance and standard marine insurance without any extra cost to the customer.
1.3.3 Coverage of Public Liability insurance is up to $ 10 Million and Coverage for Marine insurance is up to $10,000 per truckload. Excess for above-mentioned insurances are $500 and $250 respectively (payable by the customer). Certificate of Currency is available upon request.
1.3.4 To increase the coverage for above-mentioned insurances, and to avoid insurance excess fee, customer needs to agree in writing, and pay higher charges for removal services prior to the move.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, We will not:
2.1.1 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.2 Take up or lay fitted floor coverings.
2.1.3 Move items from a loft unless properly lit and floored and safe access is provided.
2.1.4 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
2.1.5 Our movers carry standard tools only if requested at the time of booking. And if any special tools are required it is customer’s responsibility to make the arrangement.
Note: Our movers are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3. Your responsibility
3.1 It will be Your responsibility to:
3.1.1 Arrange adequate insurance cover for the goods submitted for removal transit, against all insurable risks since our liability is limited under clauses 8 and 10.
3.1.2 Obtain at Your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
3.1.3 Be present or represented throughout the collection and delivery of the removal.
3.1.4 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. And ensure, all the goods which were submitted for removal, delivered in full at the final destination point, the customer has the right to check the vehicle if they have any doubts.
3.1.5 Where we provide you with inventories, receipts, waybills, job sheets or other relevant documents you will ensure that they are signed by You or Your authorized representative as confirmation of collection or delivery of the Goods.
3.1.6 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are or will be present.
3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal such as secure TV’s with bubble wrap, its original boxes or with any form of protection.
3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.9 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
3.1.10 Provide us with a correct and up to date contact address and telephone number during removal transit of goods.
3.1.11 It is the customer’s responsibility to ensure that items will fit in the new premises (eg: size of sofa and size of aperture). Our removalists will not be insured to remove doors or windows in such cases and will be forced to drop the items outside the premises. It is the customer’s responsibility to organize a specialist if needed.
3.2 It is the customer’s responsibility to inform us about the awkward access. Awkward access can include, no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions. We reserve the right to add extra costs due to unforeseen circumstances (e.g. waiting for keys or gaining entry, incorrect addresses, etc.).
3.2.1 Providing parking is the responsibility of the customer, you must provide a permit from the local council if this is not possible, please be honest and say where the closest legal parking is available eg: 50 yards, 100 yards etc… this may cost a little more but it is much better for you if we know in advance if parking is legal try to reserve a space for the van outside before it arrives or call the local council and get a suspension or permit where necessary) if there is no parking pre-arranged any parking fines received will be the responsibility of the customer and must be paid by the customer on completion, however we will not park illegally and the driver may have to leave if legal parking is not provided.
3.3 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. Goods not to be submitted for removal
4.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for removal will under no circumstances be moved by us. The items listed under.
4.1.1 Below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.8 below carry other risks and you should make your own arrangements for their transport.
4.1.2 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms, and ammunition.
4.1.3 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
4.1.4 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.5 We shall notify You as soon as practicable if any of the Goods are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions We would be prepared to accept such Goods or whether We refuse to accept them. Should we refuse to accept the goods we will have no liability to you.
4.1.6 Perishable items and/or those requiring a controlled environment.
4.1.7 Any animals, birds, fish, reptiles or plants.
4.1.8 Goods which require special license or government permission for export or import.
5. Ownership of the goods
5.1 By entering into this Agreement, You guarantee that:
5.1.1 The goods to be removed are Your own property, or the goods are Your property free of any legal charge;
5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
6. Charges if you postpone or cancel the removal
6.1 If you postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given.
6.1.1 If your service is charged on an hourly basis, and is cancelled or postponed with a notice provided less than 7 days prior to the removal date, then you shall pay to us a minimum 2 hour charge of the agreed rate.
6.1.2 If your service is charged on a fixed price and is cancelled or postponed with a notice provided less than 7 days prior to the removal date, then you shall pay to us 50% of the fixed price.
7. Payment Requirements:
We accept only bank transfer / All Major Credit Cards (1.5% to 2.2% surcharge applicable) and Company Bank Cheques, all cheques made payable to: (TopGun movers.) Payments must be made at the completion of the job, thus we reserve the right to ask for an initial deposit to confirm your booking. And we reserve the right to charge the payment from your nominated credit/debit card anytime during the job or at the completion of the job.
7.1 The Customer agrees to pay all amounts due in clear funds from the date of the invoice for the Goods and/or Services provided by the Company.
7.2 The Customer agrees that if it fails to pay in accordance with this clause, the Company may:
7.2.1 Charge a late payment fee of $50.00 on all amounts paid after the due date;
7.2.2 Charge interest on debts at 15% per annum from time to time;
7.2.3 Charge a dishonour handling fee in the amount of $25.00;
7.2.4 We have the right to withhold goods anytime during the move and request for a payment to be submitted if required.
7.2.5 Sue for the money owing on the Goods or Services provided;
7.2.6 Take steps to secure monies owing and enforce such security;
7.2.7 Recover all collection and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis.
7.3 Failure to comply with clause 7.1 will constitute a breach of contract and the Company may treat the whole Agreement as repudiated and act accordingly.
7.4 In the event this agreement has been entered into by more than one party each party shall be jointly and severally liable for any amount due.
8. Our Liability and Guarantee for loss or damage
8.1 Australian Consumer Law. Except where the services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the Guarantees set out in section 60, 61, and 62 of the Australian Consumer Law (as enacted as schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the services will be rendered with due care and skill, and the following conditions of clause 8 will apply.
8.2 Exclusions. We Will Not Be Liable For:
- any loss or damage nor any delay which results from any cause beyond Our control.
- any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
- any loss or damage occurring in the course of the provision of Ancillary Services by a Third Party
- any loss or damage nor any delay which results from any cause beyond Our control;
- loss or damage resulting from inadequate or improper packing or unpacking unless the Goods damaged or causing damage were both packed and unpacked by Us;
- loss or damage to jewelry, watches, money, or negotiable instruments; or
- electrical or mechanical derangement to Goods and Under no circumstances will We be responsible for any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
- Any damages which resulted due to the customer’s contribution to the service, if the customer is to assist in the service then we will not be liable for any damages or loss.
8.3 Damage to Goods – Packaging. If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by Us or a Subcontractor, We will not be liable.
8.4 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific instruments, and certain musical instruments) are inherently susceptible to suffer damage or disorder upon removal. Unless that damage or disorder results from the want of due care and skill on Our part, We will not be liable.
9. Damage to premises or property other than goods
9.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. Therefore, our liability is limited as follows:
9.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
9.1.2 If we cause damage as a result of moving goods under Your expressed instructions, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.
10. Exclusions of “liability” and “delays”
However, we will provide coverage for any physical damage caused due to dropping, mishandling, or ineffectually procuring of the items by us, except in the following cases:
Note: Nevertheless, we take extra care for your belongings, while moving, minor scratches on the floor/walls/goods sometimes may happen. This depends upon various factors i.e. access to the properties/narrow stairs access/enclosed section of particular goods, heavy/delicate goods.
10.1.1 We shall not be liable for loss or damage caused by fire or explosion. It is Your responsibility to insure Your Goods against fire or explosion.
10.1.2 Televisions that are not packed in a suitable size and shape box, computer components and peripherals, photocopiers, scientific instruments, musical instruments not in hard cases, architectural models, and sculptures.
10.1.3 Items of glass/mirrors not properly packed or wrapped securely. This includes picture glass, table tops & glass cabinets.
10.1.4 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.
10.1.5 Furniture intended to be flat packed and not disassembled or made of pressed wood, such as IKEA.
10.1.6 Mobile Storage Customers. We will not cover any items packed into mobile storage containers under any circumstances. We will not provide cover for any internal faults where the item was not mishandled by us, and was secured appropriately in the vehicle.
10.1.7 Where you or a person with your agreement participates in the move, we are not liable for any damages done to your goods.
10.1.8 Where our movers warn you of the inappropriate packaging or condition of the goods and you instruct the movers to go ahead anyway.
10.2.1 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, 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.
10.2.2 We will do our best to arrive within the time scale stated, however moving arrival time given to you is an estimated time for the movers to arrive. We cannot guarantee the arrival time which is mentioned in this booking. Mover’s arrival can be delayed due to previous jobs/Customer delays. This is beyond our control.
10.2.3 Delays to pick-up/delivery times are sometimes unavoidable (due to traffic accidents, weather etc).
10.2.4 We do not accept any responsibility for any customer’s losses due to unforeseen or out of our control delivery/pick-up delays.
10 .3.1 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.2 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
10.3.3 Moth or vermin or similar infestation.
10.3.4 Cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.3.5 Changes caused by atmospheric conditions such as dampness, mold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
10.3.6 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other containers not both packed and unpacked by us.
10.3.7 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.8 For any goods which have a pre-existing defect or are inherently defective.
10.3.9 For perishable items and/or those requiring a controlled environment.For items referred to in Clause 4.
10.4 No employee/Sub-contractor of ours shall be separately liable to you for any loss, damage, mis delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed over to you or your authorized agent our liability will cease upon handing over the goods to you or Your authorized representative (see Clause 11 below).
10.6 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any such breach.
11. Time limit for claims
Goods damaged for which we are liable as per Clause 8, the following time limits apply.
11.1 The goods that are fully able to be inspected, must be reported to the administration with photos of any damage caused due to our negligence before the movers leave.
11.2 The goods that are not fully able to be inspected (for example goods packed in boxes), must be reported to the administration via email, attached with sufficient proof (for example photos), for any damage caused due to our negligence within 24 hours of the completion of the move. We are not liable if the concern is being reported to us beyond 24hrs of the completion of the move.
12. Delays in transit
12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
12.2 If through no fault of ours we are unable to deliver your goods, we will take them into storage. The Agreement will then be fulfilled and any additional service(s), including storage and re-delivery, will be at your expense.
12.3 As our movers/team adhere to the time frame given for the particular booking. However, there might be delays in regard to the operational difficulties. We will do & try to deliver our best to well perform the job close to the time frame & notify accordingly. However, there cannot be any claim for time failure or refund.
Regarding the cancellation, refer to clause 6(6.1.4)
13. Our Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges. We shall have a right to withhold and ultimately dispose of some or all of the goods if you fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 12). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by us in recovering our charges and applying our right of lien. These terms and conditions shall continue to apply.
14. Our right to sub-contract the work
14.1 We reserve the right to sub-contract some or all of the work.
14.2 If we sub-contract, then these conditions will still apply.
15. Route and method
15.1 We have the right to choose the method and route by which to carry out the work.
15.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
16. Our right to Sell or dispose of the Goods
If payment of our charges relating to your goods is in arrears, and on giving you a months notice, we are entitled to require you to remove your goods from Our custody and pay all money due to Us. If you fail to pay all outstanding amounts due to Us, We may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.
17. Toll Charges
There will be an extra charge when passing through Any Tollway and the customer will be charged for the same. (unless otherwise stated in writing).
18. Staff Abuse
Verbal or threatening behavior will not be tolerated. If the driver is forced to leave the job because of verbal or any other abuse from the customer; the customer will still be liable to pay in full.
19. Photos and videos:
The customer is consenting and authorizing the company to do the following:
19.1 The company or any of its authorized person can take or record the photos or videography of the customer while sharing the reviews about the company.
19.2 The company or any of its authorized person can copy or take screenshots of the posts of the customer from any social networking site or from any public platform in which the customer has shared his views about the company. The customer cannot stop the company or any of its authorized person from copying or posting it or the customer cannot get an injunction against the company or any of its authorized person from any court of law which prohibits the company or its authorized person from copying or posting it.
19.3 The company or any of its authorized person can use the said photos/videos or posts for the advertising and promoting the company by posting/sharing it on any website or on any social networking site or on any public platform. The customer cannot delete the said photos/videos or posts and cannot sue the company in any court of law to get the same deleted.
19.4 The said photos/videos or posts shall be the exclusive property of the company and customer cannot claim any right over it or cannot claim any remuneration for it.
20.1 It is in our right, to decline to do any job;
20.2 If there is wrong information provided at the time of booking/quote by the customer.
20.3 If movers are not comfortable to perform the job due to unacceptable behavior of the customer.
20.4 If the work environment is not safe to perform the job. And there are safety issues.
21.1 If the Customer:
21.1.1 Fails to pay for any Goods or Services on the due date; or
21.1.2 Otherwise breached this agreement and failed to rectify such breach within seven day’s
21.1.3 Cancels delivery of Goods or Services; or
21.1.4 Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or
21.1.5 Allow a judgment or order to be enforced or become enforceable against the Customer’s
property. then the Company may enter upon the Customer’s premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at any time and re-take possession of any or all of the Goods the Company has supplied to the Customer and:
Resell the Goods concerned;
Terminate the agreement; and
Sue for any monies owing.
21.2 The Customer will be in default if the Customer does not pay any monies payable when called upon so to do and the Customer acknowledges and agrees that the Company is authorized to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of the Customer.
21.3 The Customer authorizes the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
21.4 The Company reserves the right to report a Customer’s delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days.
21.5 The Company may refer to any outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.
22. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of Magistrates’ Court of Victoria.