Retro Removals – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 – 2017 – #36784
1. Preamble
1.1 All Services of Retro Removals, whether gratuitous or not, are supplied subject to these terms and conditions and:
(a) the provisions of Part I shall apply to the provision of all and any Services.
(b) the provisions of Part II shall only apply to the Carriage of Goods.
(c) the provisions of Part III shall only apply to the Storage of Goods.
PART I – GENERAL CLAUSES
2. Definitions
2.1 “Contractor” means Perth Bricklaying Company Pty Ltd T/A Retro Removals, its successors and assigns or any person acting on behalf of and
with the authority of Perth Bricklaying Company Pty Ltd T/A Retro Removals.
2.2 “Sub-Contractor” means and include;
(a) any other person or entity with whom the Contractor may arrange for the carriage or storage of any Goods the subject of the contract; or
(b) and any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in clause 2.2(a).
2.3 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting the Contractor to provide the
Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.
2.4 “Consignee” means the person to whom the Goods are to be delivered by way of the Services.
2.5 “Goods” means cargo together with any container, packaging, or pallet(s) to be moved from one place to another by way of the Contractor’s
Services, or for storage by the Contractor.
2.6 “Services” means all services supplied by the Contractor to the Client and are as described on the quotations, invoices, consignment note,
airway bills, manifests, sales order or any other forms as provided by the Contractor to the Client and includes any advice or
recommendations.
2.7 “Charges” means the payable (plus any GST where applicable) for the Services as agreed between the Contractor and the Client subject to
clause 3 of this contract.
2.8 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
3. Acceptance
3.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client
places an order for or accepts delivery of the Goods.
3.2 These terms and conditions are to be read in conjunction with the Contractor’s quotation, consignment note, contract, airway bills, manifests,
or any other forms as provided by the Contractor to the Client. If there are any inconsistencies between these documents then the terms and
conditions contained in this document shall prevail.
3.3 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any
inconsistency with any other document or contract between the Client and the Contractor.
3.4 The Client acknowledges that the Goods are carried or transported and any other Services performed by the Contractor are subject only to
these conditions and the Contractor reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and
the carriage or transport of any class of articles at its discretion.
3.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic
Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3.6 The Client acknowledges and accepts that where the Client assists the Contractor during the moving process, the Contractor shall be
indemnified from all claims in relation to damaged Goods.
4. Change in Control
4.1 The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client
and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax
number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s
failure to comply with this clause.
5. Charges and Payment
5.1 At the Contractor’s sole discretion, the Charges shall be either;
(a) as indicated on invoices provided by the Contractor to the Client in respect of Services supplied; or
(b) the Price as at the date of delivery of the Services according to the Contractor’s current price list; or
(c) the Contractor’s quoted Charges (subject to clause 5.2) which shall be binding upon the Contractor provided that the Client shall accept in
writing the Contractor’s quotation within thirty (30) days. Unless specified otherwise, the Contractor’s quotation is based upon:
(i) information (such as an inventory list) supplied by the Client, to which packing, transit, storage and any other associated costs can be
calculated;
(ii) carriage by a six (6) wheeler flat-deck furniture truck and the supply of two (2) men;
(iii) weekday, single point delivery and collection on a direct transit, door-to-door basis.
5.2 The Contractor may:
(a) by giving notice to the Client increase the Charges of the Services to reflect any increase in the cost to the Contractor beyond the
reasonable control of the Contractor (including, without limitation, any variations to the Services originally scheduled, limitations to
accessing the site such as the like of stairs and gates, availability of machinery, safety considerations, overflow, foreign exchange
fluctuations, or increases in taxes, customs duties, insurance premiums, or warehousing costs);
(b) charge freight by kilometres travelled or weight, measurement or value of the Goods, and may at any time re-calculate such freight
(including re-weigh, or re-value or re-measure or require the Goods to be re-weighed, or re-valued or re-measured) and amend the
Charges accordingly.
Retro Removals – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 – 2017 – #36784
5.3 Time for payment for the Services being of the essence, the Charges will be payable by the Client on the date/s determined by the Contractor,
which may be:
(a) on completion of the Services;
(b) the date specified on any invoice or other form as being the date for payment; or
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
5.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by
any other method as agreed to between the Client and the Contractor.
5.5 The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed (or claimed to be owed) to the Client by the
Contractor, nor to withhold payment of any invoice because part of that invoice is in dispute.
5.6 Unless otherwise stated the Charges does not include GST. In addition to the Charges, the Client must pay to the Contractor an amount equal
to any GST the Contractor must pay for any provision of Services by the Contractor under this or any other contract. The Client must pay
GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition,
the Client must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in
the Charges.
5.7 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised, and until then the Contractor’s rights and/or ownership in relation to this contract, shall continue.
6. Client-Packed Goods
6.1 Where included in the Contractor’s quotation, the Contractor shall (unless specifically instructed by the Client) pre-pack the Goods to a
standard suitable for the distance those Goods are to be carried, and this standard shall also be contingent on the mode of transportation of
the Goods.
6.2 Subject to the Contractor’s quotation, the Contractor shall not be liable for loss of or damage to the Goods caused by:
(a) the manner in which the Goods have been pre-packed by the Client; or
(b) the unsuitability of the Goods for carriage or storage; or
(c) the unsuitability or defective condition of the Goods.
7. Client Warranties
7.1 The Client expressly warrants to the Contractor that the Client is either the owner, or the authorised agent of the owner, of the Goods or
property to which this contract for carriage and/or storage shall apply, and by entering into this contract the Client accepts these conditions of
contract for all other persons on whose behalf the Client is acting. Furthermore, should any person make a claim or commence proceedings
against the Contractor alleging an interest in any part of the consigned Goods then the Client agrees to indemnify the Contractor from and
against all liability, injury, loss or damage suffered by the Contractor as a result of such actions.
7.2 The Client warrants that the Client has complied with all relevant laws and regulations in relation to the safety, health, condition, packaging,
labelling and carriage of the Goods and that the Goods are packaged in a manner to withstand ordinary risks associated with their carriage
and storage having regard to their nature or condition. The Contractor may at any time request the Client by notice in writing to remove the
Goods within a specified time and if such notice is not complied with, may dispose of (including by way of sale), remove or destroy at the
expense of the Client any or all of the Goods which in the opinion of the Contractor have become or are likely to become deleterious,
deteriorated, objectionable, unwholesome, damaged or contaminated. If Goods are sold under this clause, then such sale shall be made
under the provisions contained in clause 11 below.
8. Insurance
8.1 The Client acknowledges that:
(a) the Goods are carried and stored at the Client’s risk; and
(b) the Contractor is under no obligation (or subsequent liability) to arrange insurance of the Goods and it remains the Client’s responsibility to
organise insurance for any Goods or property that is being carried by the Contractor where those Goods and/or property has a value
exceeding one thousand and five hundred dollars ($1,500.00); and
(c) neither the Contractor (or their insurers) accept liability for pot plants, pots, kitset furniture that has not been dismantled, kitset wardrobes,
deterioration of deep freeze, refrigerated food, or damage caused by moths, rats, vermin, wear and tear, pre-existing damaged or gradual
deterioration, whilst in transit or storage;
(d) plasma televisions must be packed in the carton designed for them and it is the client’s responsibility to ensure the arrangement of this.
9. Dangerous Goods
9.1 Dangerous Goods are Goods which are or may become of a dangerous, noxious, explosive, inflammable, radio-active or damaging nature
and include Goods likely to harbour or encourage vermin or other pests. The Client shall not deliver to the Contractor, or cause the Contractor
to deal with or handle, Dangerous Goods.
10. Claims
10.1 Notwithstanding clauses 24 and 8, in the event that the Client believes that they have any claim against the Contractor then they must lodge
any notice of claim for consideration and determination by the Contractor within forty-eight (48) hours of the date of delivery, or for nondelivery
within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.
10.2 The failure to notify a claim within the time limits under clause 10.1 is evidence of satisfactory performance by the Contractor of its obligations.
10.3 Before any insurance claims are processed, the Client is required to fulfil all financial obligations first.
10.4 It shall be the Client’s responsibility to provide photographic evidence of the condition of the Goods valued by the Client prior to the Contractor
providing the Services, where a claim of damage occurs.
11. Contractor’s Lien
11.1 The Contractor shall have a right to take a particular and general lien on any Goods the property of the Client or a third party owner which are
in the possession or control of the Contractor (and any documents relating to those Goods) for all sums owed at any time by the Client or a
third party owner to the Contractor (whether those sums are due from the Client on those Goods or documents, or on any other Goods or
documents), and the Contractor shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the
Retro Removals – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 – 2017 – #36784
Client. The Contractor shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods or
cargo, from the proceeds of sale and shall render any surplus to the entitled person.
11.2 Notwithstanding clause 11.1 nothing shall prejudice the Contractor’s rights to use any of the Contractor’s other rights and remedies contained
in this contract to recover any outstanding Charges or fees payable in respect of the Goods that were not recovered from the sale of the
Goods in accordance with clause 11.1 and no exception shall be taken upon the grounds that the amount realised is less than the full market
value of the Goods.
12. The Commonwealth Competition and Consumer Act 2010 (CCA) and Fair Trading Acts
12.1 Nothing in this contract is intended to have the effect of contracting out of any applicable provisions of the Fair Trading Acts in each of the
States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those
Acts where applicable.
12.2 Where the Client purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the
rights of consumers and shall not affect the consumer’s statutory rights.
12.3 Liability of the Contractor arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of
warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the
following as determined by the Contractor:
(a) rectifying the Services; or
(b) providing the Services again; or
(c) paying for the Services to be provided again.
12.4 If the Contractor is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 12.3 or the CCA, but is unable to
do so, then the Contractor may refund any money the Client has paid for the Services but only to the extent that such refund shall take into
account the value of Services which have been provided to the Client which were not defective.
13. Default and Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a
half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as
well as before any judgment.
13.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred
by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis,
the Contractor’s contract default fee, and bank dishonour fees).
13.3 Further to any other rights or remedies the Contractor may have under this contract, if a Client has made payment to the Contractor, and the
transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs
incurred by the Contractor under this clause 13, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention
to the Client’s obligations under this contract.
13.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it
falls due;
(b) the Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an
assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
14. Privacy Act 1988
14.1 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g.
name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the Contractor.
14.2 The Client agrees that the Contractor may exchange information about the Client with those credit providers and with related body corporates
for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit
providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
14.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.
14.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for
other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Services.
14.5 The Contractor may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
14.6 The information given to the CRB may include:
(a) personal information as outlined in 14.1 above;
(b) name of the credit provider and that the Contractor is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account
and the amount requested);
Retro Removals – Terms & Conditions of Trade
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(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60)
days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the
Client no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding that
discharge (e.g. dates of payments);
(g) information that, in the opinion of the Contractor, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
14.7 The Client shall have the right to request (by e-mail) from the Contractor:
(a) a copy of the information about the Client retained by the Contractor and the right to request that the Contractor correct any incorrect
information; and
(b) that the Contractor does not disclose any personal information about the Client for the purpose of direct marketing.
14.8 The Contractor will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order
to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
14.9 The Client can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven
(7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.
In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
www.oaic.gov.au.
15. Cancellation
15.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those
relating to payment) under these terms and conditions the Contractor may suspend or terminate the provision of Services to the Client. The
Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this
clause.
15.2 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those
relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Services to the Client. The
Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this
clause.
15.3 The Contractor may cancel any contract to which these terms and conditions apply or cancel the Services at any time before the Services are
commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any sums paid in respect of
the Charges. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.
15.4 In the event that the Client cancels the Services, then the Client shall be liable for any loss incurred by the Contractor (including, but not
limited to, any loss of profits) up to the time of cancellation.
16. Personal Property Securities Act 2009 (“PPSA”)
16.1 In this clause:
(a) financing statement has the meaning given to it by the PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PPSA created between the Client and the Contractor by these terms and
conditions; and
(d) security interest has the meaning given to it by the PPSA.
16.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA, and creates a security interest in:
(a) all Goods being transported, carried or handled by the Contractor, over which the Contractor invokes a lien; and
(b) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a
sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the
Client to the Contractor for Services – that have previously been provided and that will be provided in the future by the Contractor to the
Client.
16.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in
all respects) which the Contractor may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities
Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in 16.3(a)(i) or 16.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third
party without the prior written consent of the Contractor.
16.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms
and conditions.
16.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
16.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
16.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with
section 157 of the PPSA.
16.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 16.3 to 16.5
16.9 Subject to any express provisions to the contrary (including those contained in this clause 16), nothing in these terms and conditions is
intended to have the effect of contracting out of any of the provisions of the PPSA.
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17. Security and Charge
17.1 In consideration of the Contractor agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in
any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the
Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
17.2 The Client indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and
own client basis incurred in exercising the Contractor’s rights under this clause.
17.3 The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s true and lawful attorney/s to perform all
necessary acts to give effect to the provisions of this clause 17 including, but not limited to, signing any document on the Client’s behalf.
18. Service of Notices
18.1 Any written notice given under this contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this contract;
(c) by sending it by registered post to the address of the other party as stated in this contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the
transmission;
(e) if sent by email to the other party’s last known email address.
18.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post,
the notice would have been delivered.
19. General
19.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the
Contractor has its principal place of business, and are subject to the jurisdiction of the Perth Courts in Western Australia.
19.3 Subject to clause 12, the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or
expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively
the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
19.4 The Contractor may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
19.5 The Client cannot licence or assign without the written approval of the Contractor.
19.6 The Client agrees that the Contractor may amend these terms and conditions by notifying the Client in writing. These changes shall be
deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further
request for the Contractor to provide Services to the Client.
19.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other
event beyond the reasonable control of either party.
19.8 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so,
they are not insolvent and that this contract creates binding and valid legal obligations on them.
PART II – CARRIAGE TERMS
20. Nomination of Sub-Contractor
20.1 The Client hereby authorises the Contractor (if it should think fit to do so) to arrange with a Sub-Contractor for the carriage of any Goods that
are the subject of the contract. Any such arrangement shall be deemed to be ratified by the Client upon delivery of the said Goods to such
Sub-Contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Contractor. In so
far as it may be necessary to ensure that such Sub-Contractor shall be so entitled the Contractor shall be deemed to enter into this contract
for its own benefit and also as agent for the Sub-Contractor.
21. Method of Transport
21.1 If the Client instructs the Contractor to use a particular method of carriage whether by road, rail, sea or air the Contractor will give priority to
the method designated but if that method cannot conveniently be adopted by the Contractor the Client shall be deemed to authorise the
Contractor to carry or have the Goods carried by another method or methods.
22. Route Deviation
22.1 The Client shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion
of the Contractor be deemed reasonable or necessary in the circumstances.
23. Delivery and Collection of the Goods
23.1 The Contractor is authorised to deliver the Goods at the address given to the Contractor by the Client for that purpose and it is expressly
agreed that the Contractor shall be taken to have delivered the Goods in accordance with this contract if at that address the Contractor
obtains from any person a receipt or a signed delivery docket for the Goods.
23.2 It is the Client’s sole responsibility to provide the Contractor with accurate delivery instructions and unobstructed access to the nominated
address to enable effective collection and delivery, including ensuring that trees are trimmed or cut back along driveways, and/or (for self-load
or self-unload) ensuring that foot or vehicular traffic is not impeded and that public safety is considered. If delivery cannot be effected by the
Contractor (whether due to obstructed access to the nominated address or otherwise) then the Contractor at its sole discretion may:
(a) deposit the Goods in the nearest and safest position to the address, and such action will be deemed to constitute valid delivery; or
(b) obtain the use of Hiab or other vehicle/equipment, and charge the Client any costs incurred by the Contractor in so doing; or
(c) refuse to effect delivery and instead store the Goods, in which case the Client shall be liable for, and shall reimburse the Contractor for all
costs and expenses incurred in connection with such storage.
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23.3 The Client shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be
applicable, including ensuring that the nominated address complies with any work health and safety (WHS) laws and any other relevant safety
standards or legislation.
23.4 In the event that the Contractor stores the Goods under clause 23.2(c) then the Contractor will re-deliver the Goods to the nominated address
at a time mutually agreed between the parties. The Client shall be liable for any costs incurred by the Contractor in both the initial delivery and
the re-delivery.
23.5 If the Client requests the Contractor upon delivery:
(a) to make delivery of the Goods to a subsequent address, then the Contractor may, at their sole discretion, charge the Client the additional
costs associated with doing so;
(b) to assist in unloading the Goods (either by hand or through the use of any machinery, including forklifts) then the Contractor shall only do
so at their sole discretion, and:
(i) the Contractor may charge the Client the additional costs associated with doing so;
(ii) the Client acknowledges that they accept full liability for all property loss or damage, or injury to any person that may result from the
actions of the Contractor in providing such assistance; and
(iii) notwithstanding that the Contractor may refuse such assistance without any liability to the Client whatsoever should they believe that
the risk in providing such assistance is unacceptable.
23.6 The Client will be and shall remain responsible to the Contractor for all its proper charges incurred for any reason. A charge may be made by
the Contractor in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of the
Contractor. Such permissible delay period shall commence upon the Contractor reporting for loading or unloading. Unless specified in the
Contractor’s quotation, labour to load or unload the Goods shall be the responsibility and expense of the Client.
23.7 The Contractor may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment
shall be invoiced and paid for in accordance with the provisions in this contract.
23.8 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery for the purposes of this Contract.
23.9 Any time specified by the Contractor for delivery of the Services is an estimate only and the Contractor will not be liable for any loss or
damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable
the Services to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply
the Services as agreed solely due to any action or inaction of the Client then the Contractor shall be entitled to charge a reasonable fee for resupplying
the Services at a later time and date.
23.10 It shall be the Client’s responsibility to:
(a) ensure all pets or other animals are kept under control at all times for safety purposes; and
(b) declare heavy or oversized Goods before the commencement of the Services and such heavy or oversized Goods shall be charged for
accordingly.
24. Loss or Damage
24.1 Subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods (including but not limited to chilled,
frozen, refrigerated or perishable Goods):
(a) the Contractor shall not be under any liability for any damage to, loss, deterioration, misdelivery, delay in delivery or non-delivery of the
Goods (whether the Goods are or have been in the possession of the Contractor or not) nor for any instructions, advice, information or
service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect
loss, loss of market or consequences of delay; and
(b) the Client will indemnify the Contractor against all claims of any kind whatsoever, howsoever caused or arising brought by any person in
connection with any matter or thing done, said or omitted by the Contractor in connection with the Goods.
PART III – STORAGE TERMS
25. Storage of Goods
25.1 All Goods that are to be stored under this contract shall be tallied into and out of storage and if the Client (or the Client’s representative) is not
present at the time of receipt or delivery of those Goods, as the case may be, then the Contractor’s tally shall be accepted as final.
25.2 The Client acknowledges and agrees that (unless specifically advised to the Contractor) the quality, quantity and condition of the contents of
any packages tendered for storage are generally unknown to the Contractor.
25.3 The Client shall ensure that all Goods (and/or containers in which the Goods are packaged) tendered for storage shall be clearly, distinctively,
and indelibly branded.
25.4 The Client shall immediately notify the Contractor of any change of the ownership of any Goods which are stored on the Client’s behalf under
this contract.
25.5 The Contractor reserves the right at any time to require the removal of any Goods held in storage on the Client’s behalf by giving not less than
one weeks’ notice to the Client that they wish them to do so.
25.6 The Client shall on request by the Contractor provide samples of the signature(s) of any person(s) entitled to uplift the Goods from storage.
25.7 The Client agrees to give the Contractor at least forty-eight (48) hours of their intent to remove the Goods from storage. In the event the Client
fails to give such notice then the Contractor may at its sole discretion agree to facilitate the immediate removal of the Goods but shall be
entitled to charge the Client an additional fee for so doing.
25.8 An inward receipt in relation to Goods stored by the Contractor shall not constitute a document of title to those Goods, or be negotiable, nor
shall any right of the Client storing the Goods be assignable.
25.9 The Contractor shall store the Goods in bulk or in assorted lots at the convenience of the Contractor unless the Client furnishes the
Contractor, prior to, or at the time of the receipt of the Goods, a manifest showing marks, brands or sizes to be kept and accounted for
separately and the class of storage desired in which case the Client shall be liable for all additional costs incurred by the Contractor in
facilitating the particular method of storage chosen.
25.10 The Client shall be liable to the Contractor on demand and at any rate before removal of the Goods from storage, for all charges or fees in
connection handling, loading or unloading, palletising, re-palletising, re-packing and/or delivery of the Goods, as the case may require, which
Charges and fees shall be based on the Contractor’s quotation, and in addition to any storage fee.