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Backloads & Backloading,
Local furniture removals,
Gold Coast
GTS Furniture Removals
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Interstate Relocation
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GTS Furniture Removals
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Main Page
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Our Company Profile
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Boxes & Packing ?
~
Online Quote
~
Contact Us
Choose your move
type
~
Local moves
~
Interstate moves
~
Backloads & Backloading
~
International Moves
~
Vehicle Transport
~
Just a few items
General Section
~
Our Coverage
~
Some Hints & Tips
~
An Inventory List
~
Feedback & Testimonials
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Links
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TERMS &
CONDITIONS
GTS Furniture Removals
General Terms & Conditions of Contract and/or Carriage
1. (a) These conditions of contract shall apply to all contracts in
respect of which the client has requested the company to arrange for the
carriage of goods or the performance of other work or services on its
behalf after 1st of May 2005, super cede any previously published
conditions and take precedence over any conditions that may be printed on
consignment notes, worksheets, manifests or other paperwork
Accompanying any consignments which may be carried from time to time after
that date.
(b) The Client acknowledges that for every Contract referred to in these
Conditions and thereby undertaken at the Clients Request/Instruction, the
Company acts as a booking agent only and that the company has disclosed
that fact to the client prior to the client entering into any contract.
(c) By entering into any contract for the carriage of goods or the
performance of other work or services the client also accepts these terms
and conditions of contract on behalf of all other persons on whose behalf
the client is acting and where the client
is an incorporated body the directors of the client guarantee their
performance and any payments, in full, for any and all contracts entered
into.
(d) The words contractor, company, client and goods shall have the
meanings ascribed to them in clause 9 (below).
2. The company is NOT A COMMON CARRIER and will accept no liability as
such. All goods are carried by the company subject only to these
conditions and the company reserves the right to refuse to carry any
goods.
3. Charging methods, trading terms and contractual liens
(a) The company shall calculate its charges in accordance with its current
rates as amended from time to time at the company’s discretion. Charges
and quotation are calculated on the basis of information supplied by the
client as to the nature and quantity of items to be moved and as to any
difficulties in gaining access at the pick up or delivery locations, and
additional charges will become payable if the
information supplied is incorrect or inaccurate.
(b) In the case of pre-authorised credit account customers, the company
shall invoice its charges on 7 DAY TERMS from DATE OF INVOICE (unless
otherwise stated by the company) together with any out of pocket expenses,
accounting fees and industry surcharges. In all other cases charges are
payable as follows: Monetary deposit, being an amount at the company’s
discretion is payable upon booking with the
balance of charges payable prior to completion of unloading for local
transport and no later than at time of pick up for contracts where transit
is in excess of 100km. Payment is required in the form of cash, bank
cheque, direct credit of cleared funds to company account, VISA card,
Mastercard or Bankcard. (An additional surcharge of up to 3% will apply to
all credit card transactions to cover administrative costs and
banking fees for the same). The company shall have the right to defer or
refuse delivery at the client’s expense should it become apparent that the
client is unwilling or unable to pay in the required form or at the
required place or time.
(c) All goods of the client received by the company shall be subject to a
general lien for any monies owed by the client to the company as a result
of this agreement or any previous agreement of any nature whatsoever.
(d) If any person fails to pay, or indicates any inability or
unwillingness to pay the total charges that in the opinion of the company
are due to the company in respect to any services rendered by the company
under this contract or any previous contract, the company may retain any
partial payments and/or deposits, and retain and sell all or any of the
goods of that person which are in its possession. If such charges have
been outstanding for a period of 28 days, the company may give 28 days
written notice by certified or registered mail to the last known address
of the client of intention to sell, and if the amount owing is not paid
within that period may SELL ALL OR ANY OF THE GOODS by public auction or
by private treaty and out of the monies arising retain charges so payable
and all charges and expenses of the detention and sale and shall pay the
surplus, if any, to the person entitled to it. Any such sale shall not
prejudice or affect charges due or payable in respect of such service or
the said detention or sale.
(e) In the case where pre-authorised credit is extended to the client, the
client acknowledges that should any monies remain outstanding at 14 days
from date of invoice, the Company will reserve the right to engage an
external debt recovery agent, whom shall be at the companies discretion.
The client also acknowledges in such circumstance where any such agent is
engaged by the company, all amounts outstanding to date, in addition to
any and all costs associated with the recovery of such debt, by both the
company and the external debt recovery agent will be the autonomous
responsibility of the client or where the client is an incorporated body,
the directors of the client.
4. Engagement Fee – 17.5% of Annual Charge Where within 18 months of the
client entering into a contract governed by these Terms and Conditions,
the Client engages the services of any Contractor, introduced to the
Client by the Company, for the
carriage of goods or the performance of other work or services on its
behalf, the CLIENT AGREES that in consideration of the company introducing
the contractor it will, WITHIN 7 DAYS, pay an engagement fee equal to
17.5% of any charges made by the Contractor for such services, or $250.00,
whichever the GREATER.
5. Terms relating to the Carriage of Goods
(a) The client expressly warrants that the client is either the owner or
the authorised agent of the owner of any goods or property the subject
matter of this contract.
(b) Goods are accepted by the company on the condition that they comply
with the requirements of any applicable law relating to the nature,
condition and packaging of the goods, and without limiting the generality
hereof: (i) That the client notifies the company whenever the Dangerous
Goods Act (QLD)(DGA) applies to any goods and guarantees that all
requirements of the DGA have been met, and
(ii) That the goods are fully described in writing on all relevant
paperwork, including their name and nature, and in the case of goods to
which the DGA applies, are accompanied by a
consignment note that complies with the Act.
(c) The method, route and time by which the work or services under which
this contract are performed shall be at the absolute discretion of the
company.
(d) The company shall, at it’s discretion, without notice to the client,
subcontract on any terms all or part of the carriage of goods, and as a
result of such, the client indemnifies the company from any delay,
damage or misdelivery resultant from acts or omissions of the
subcontractor, it’s servants, and/or agents.
(e) The client shall provide an authorised representative who will be
responsible for ensuring that the correct goods are loaded and whether or
not such a representative is provided the client shall pay all
additional charges whatsoever resulting from the movement of incorrect
goods or non movement of goods that the client intended to have moved.
(f) The client acknowledges and accepts without limitation that any time
or date advised by the company to the client pertaining to the uplift
and/or delivery of any goods or the provision of any service are
indicative only and hence are not guaranteed to be met. In the case where
pre-advised times or dates cannot in the company’s view be reasonably met,
the company reserves the right at any stage to alter the time or
date to another time or date that in the company’s view is reasonably
practicable.
(g) If there is no one in attendance at the place for the delivery of the
goods the company shall be entitled at its discretion to leave the goods
at that place or to return at a later time until delivery is affected,
storing the goods at any convenient place in the mean time, and the client
agrees to pay any additional charges incurred thereby to the company for
any storage and/or redelivery.
6. No Liability for Loss or Damage
(a) Save as expressly provided hereunder the company shall not be liable
to the client for any loss or damage WHATSOEVER, suffered by the client
directly or indirectly caused by;
(i) A misdelivery, delay in delivery or non delivery of goods;
(ii) The carriage of goods by a route other than the shortest or usual
route;
(iii) Any damage, loss or destruction to goods whilst in the possession of
the company whether in transit (which, without limiting the generality
thereof includes any handling, installation,
removal, assembly or erection of any kind) or in storage or after they
have been delivered or misdelivered;
(iv) Any failure to collect cash on delivery (COD) on behalf of the
client; and this clause shall apply whether or not such occurrence was due
to any wilful, fraudulent, negligent or other act or
omission of the company.
(b) For the purpose of clause 6(a), “Loss or Damage” shall include all
direct or consequential loss or damage to the client whatsoever and how
soever arising and without limiting the generality of the
foregoing includes the loss of profits, liability of the client to third
parties (whether actual or contingent) the cost of repair or replacement
of goods and the cost of collecting and redelivering goods.
(c) The reference in clause 6(a) to damage or to loss and destruction of
goods shall include damage, loss or destruction caused by theft, fire,
road accident, mishandling, incorrect loading or unloading or
stowage of any vehicle, the method by which it is driven or through any
other cause whatsoever.
(d) The client INDEMNIFIES the company against any action, claim, suit,
fine, or demand brought by any third party or the client against the
company as a result of or in connection with any of the events
listed in this clause or clause 5 OR as a result of a breach by the client
of any term of this contract and this indemnity shall extend to the
solicitor client costs of the company in defending any action and in
enforcing this indemnity.
(e) For the purpose of this clause and clause 5 the company enters into
this agreement both in its own right and as agent and trustee for any
contractor, subcontractor, servant or agent of the company and the
exclusions from liability and the indemnity contained in these clauses
shall extend to and ensure for their benefit PROVIDED THAT this clause
shall not be construed as imposing or implying any additional
liability on those persons to any person for any reason.
7. Trade Practices Act
Nothing herein shall be construed as having the effect of in any way
excluding, restricting or modifying any warranty express or implied by
virtue of the provisions of the Trade Practices Act (1974 as amended),
that otherwise all warranties and conditions to the maximum extent allowed
by law are hereby negated and excluded.
8. Insurances
(a) Insurance against any loss, damage or destruction shall be arranged
independently of the company by the client prior to the commencement of
any contract for the carriage of goods, and advice of the
same will be provided to the company by written confirmation in Quotation
Acceptance and Insurance Instruction section of Booking Confirmation.
(b) The client acknowledges the company’s indemnity from any loss, damage
or destruction to any item which the client has contracted the company to
transport or handle, as well as any structural or
cosmetic damages to any vehicle, dwelling, premise or structure, or part
thereof whether owned or leased by the client or client’s agent.
(c) Any liability resulting from the acceptance of an increased level of
responsibility relating to antiques, jewellery, collections, documents,
works of art, and the contents of individual cartons with a value
of over $250.00 is limited to $250.00; or $500.00 if nominated in writing
prior to pickup.
(d) In the case where increased liability is accepted by the Company, the
first $200.00 of any claim will be payable by the Client.
(e) It is agreed between the client and the company that the company shall
not bear any responsibility to the client if a claim made to their
independent insurer fails or is limited in any way because any
policy of insurance is void, voidable, unenforceable, or has expired, or
because of an exclusion or restriction or other term of the policy of
insurance, whether or not such failure or limitation arising directly or
whether wilful, fraudulent, negligent or not indirectly from any act or
omission of the company.
(f) Nothing in this clause shall operate in any way to extend the
liability of the company or to vary clauses 5, 6 and 7.
(g) Fraud or attempted fraud shall void any and all liability and
subsequent cover if applicable and all subsequent claims thereof.
9. Definitions
In this agreement;
(a) “Contractor” shall mean any person or company or associate who has
appointed the company as an agent to find work on behalf of that person or
company or associate.
(b) “Company” shall mean the person whose name is printed on relevant
contractual documents pertaining to the contract for carriage or in the
absence thereof who is otherwise identified as the person with
whom the client has booked or otherwise entered into a contract for the
carriage of goods, and includes contractors for whom the company acts as
agent and servants, agents and subcontractors of the company.
The words contractor, subcontractor and agent of the company shall extend
to their servants, agents, spouse, parents, children, any partnerships of
which they are a member, any non public incorporated body of which they
are a member, any non public incorporated body of which they (or their
spouse, parents or children) have a direct or indirect interest as share
holders or are directors servants or agents, to the trustee of any trust
in which they or their spouse, parents or children have an actual or
contingent interest and to the beneficiary of any trust of which they are
a trustee.
(c) “Client” shall mean the person (or any servant or agent or “associate”
of that person within the meaning of section 50 of the Corporations Law)
who requests the company to arrange for the carriage of goods or for the
performance of other work or services on its behalf. By entering into this
contract the client also accepts these terms and conditions of contract on
behalf of all other persons on whose behalf the
client is acting and where the client is an incorporated body the
directors of the client guarantee their performance.
(d) “Goods” shall mean any items which the company has been requested to
carry or to arrange to be carried.
10. Interpretation
(a) Unless otherwise specified or unless the context otherwise requires
words importing the singular number include the pleural and vice versa and
words importing the masculine gender include the feminine and neuter
genders and vice versa and words importing natural persons include
corporations and vice versa.
(b) Bold headings are for guidance only and do not and shall not be deemed
to form part of this agreement.
(c) Any provision of this agreement which is capable of being interpreted
as being void, voidable, illegal or unenforceable, shall not be so
interpreted if at all possible, and shall otherwise be severed to the
minimum extent necessary with the remainder of the agreement remaining in
force.
(d) All the rights, immunities and limitations of liability in the above
conditions of contract shall continue to have their full force and effect
in all circumstances, not withstanding any breach of contract (including
fundamental breach of contract) or any condition thereof by the company.
(e) This agreement shall be governed by and interpreted and enforced in
accordance with the laws applicable in the State of Queensland. This
agreement shall be deemed to have been entered into in the State of
Queensland.
Interstate Furniture Removals &
Backloads
The Backloading
Specialists, Australia wide.
Local Furniture Removals
Suburb to suburb,
or within the same suburb.
In every major
city, 7 days a week.
Gold Coast and Brisbane,
Melbourne and Adelaide,
Perth, Cairns and Sydney,
Darwin and Hobart.
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