1.1. In this agreement “the Company” shall mean Shane’s Furniture Freighters Pty
Ltd ACN 122 842 111 Trust trading as ‘Long Jetty Removals’ ABN 57 122 842 111.
1.2. “the Contractor” shall mean any person who has appointed the Company as agent
to find work on behalf of that person.
1.3. “Goods” shall mean any thing, object or item which the Client has requested
to be carried or arranged to have carried.
1.4. “Services” shall mean any storage, pre-packing, loading, transit, relocation,
unloading, or any other services whatsoever that the Client has requested the Company
1.5. “Time rate” shall be $25.00 per fifteen (15) minutes or part thereof spent by
two Contractors or employees of the Company engaged in the provision of the Services
requested by the Client, exclusive of GST, or as may be otherwise advised by the
Company in a quotation from time to time.
1.6. Unless otherwise apparent from the context, singular words include the plural
and vice versa, words in any one gender include any other gender and any reference
to person includes both natural persons and incorporated bodies.
1.7. The Company and the Contractor are not common carriers and will not accept liability
1.8. Any of these conditions concerning the liability of the Company also extends
to and ensures the benefit of the Company’s employees, contractors, sub-contractors
1.9. The parties agree that these conditions are to be interpreted, enforced and
governed by the laws applicable in New South Wales.
1.10. If for any reason any part of these conditions are determined to be invalid
or contrary to or in conflict with any existing or future law or regulation then
the invalid part shall be deemed not to be part these conditions and shall not impair
the operation or effect of the remaining parts.
2. APPLICATION OF CONDITIONS
2.1. These conditions shall apply to any contract for the carriage of Goods (or the
provision of services) that was entered into after being given a reasonable opportunity
to view them on the Company’s Website, booking on the Company’s website or as a result
of the acceptance of any quotation accompanied by these conditions.
2.2. The Company reserves the right to subcontract Services from time to time at
the Company’s discretion and the Client acknowledges that the Company acts as agent
for every Contractor referred to in these conditions in procuring the Client’s business
and that the Company has disclosed that fact to the Client prior to the Client prior
to entering into the Contract.
2.3. By entering a contract with the Company the Client accepts these conditions
in their entirety.
2.4. All goods are carried subject to these conditions and the Company reserves the
right to refuse to carry any Goods.
2.5. Failure or omission by the Company at any time to enforce or require strict
or timely compliance with any provision for breach of these conditions should not
affect or impair that provision in any way or the rights of the Company to avail
itself of the remedies it may have in respect of any breach.
3. VARIATIONS OF CONDITIONS
3.1. These conditions constitute the entire agreement between the Company and the
Client and supersede all prior agreement. There are no representations, inducements,
promises or agreement oral or otherwise among the parties not embodied in these conditions
which are of any force or effect.
3.2. No amendment, change or variance from this Agreement shall be binding on the
Company or the Client unless provided in writing and executed by both parties.
4. OWNERSHIP AND NATURE OF GOODS
4.1. The Client expressly warrants to the Company that the Client is either the owner
or authorized agent of the owner of any Goods or property that the Client has requested
to be carried or arranged to be carried and has authority to enter in to a contract
4.2. The Client expressly warrants to the Company that the Goods comply with the
requirements of any applicable law (including but not limited to the Dangerous Goods
Safety Management Act (NSW) 2001(as amended) and other such legislation) relating
to the nature, condition or packaging of the Goods.
4.3. The Company may, at the expense of the Client and without liability to the Client,
refuse to carry, or if carriage has commenced, take any reasonable action to dispose
of, destroy or otherwise deal with any Goods which in the opinion of the Company
are illegal, dangerous, corrosive, noxious, explosive, flammable, perishable, or
capable of attracting vermin or pests.
4.4. The Client agrees to notify the Company in writing, prior to pickup, of any
Goods which may be exceptionally fragile or valuable, and of any special precautions
of which the Company can not reasonably be expected to be aware that should be taken
when carrying the Goods, or any part of them.
5. CHARGING METHODS
5.1. The Client agrees that fixed price quotations to the Client 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 pickup or delivery
5.2. The Client warrants that all information that is reasonably necessary to assess
the work involved and to prepare a quotation for carrying out that work has been
5.3. In the event that the information supplied by the Client is incorrect, inadequate,
inaccurate or varied after a quotation is given, the Company may at its discretion
perform the work strictly as per its quotation or vary its charges in accordance
with the variation in the specified quantity, volume or weight of the goods plus
any variation in time taken to perform the Services.
5.4. The Client agrees that where the loading or unloading process is delayed by
over 30 minutes of the time contained in the quote provided by the Company, due to
any factor outside the Company’s Control, an additional charge will apply to be calculated
in accordance with the time rate.
5.5. The Client agrees that in the event that a Client cancels a contract for Services
with less than 24 hours notice to the Company prior to the agreed time for pick up,
the Client will be charged the lesser of the following amounts: 1. The amount quoted
by the Company for the provision of the Services; or 2. For two (2) hours of the
Company’s time, calculated in accordance with the time rate.
5.6. The Client agrees to pay or reimburse the company any costs, fees or taxes incurred
in complying with Customs, Quarantine, Import or Export requirements in addition
to any quotation provided to the Company for Services.
6. PAYMENT METHODS AND OBLIGATIONS
6.1. The Client agrees the Company shall provide an invoice in the terms of the quotation
provided at the time of loading and that payment is required in the form of cash,
bank cheque, credit card or other non-reversible electronic funds transaction prior
6.2. The Client agrees that in the event that the Company incurs additional charges
in accordance with these conditions, the Company will provide an additional invoice
at the time of unloading.
6.3. The Client agrees that the Company may assign its rights and the right of any
person on behalf of whom it is acting, to collect all charges and payments from the
client to the Contractor.
6.4. The Contractor agrees to issue an invoice to the Client in accordance with the
quotation provided by the Company, and collect payment of the invoice in accordance
with these conditions.
7. LIEN ON GOODS PENDING PAYMENT
7.1. The Company reserves the right to exercise a lien over the Goods until such
time as full payment is received for the Services provided.
7.2. In the event that the Client fails, neglects or refuses to provide full payment
for the Services in accordance the an invoice issued by the company at the time of
unloading, the Company may refuse to unload, hold, seize, or retain any Goods as
security for payment.
7.3. In the event that the invoice provided by the Company remains unpaid for twenty
eight (28) days after the lien has been exercised, the Company may give not less
than a further twenty eight (28) days written notice by ordinary post to the last
known address of the Client of the Company’s intention to sell the Goods.
7.4. In the event that payment is not received at the expiry of twenty eight (28)
days written notice of the intention to sell the Goods, the Company may dispose of
the goods or sell any or all of the Goods by action or by private treaty at its discretion
without being liable in any respect to the Client. The proceeds of sale shall then
be applied as follows: 1. Firstly, to pay all costs, commissions and expenses of
the sale of the Goods; 2. Secondly, to pay any storage fees incurred in retaining,
storing or otherwise holding the Goods, 3. Thirdly, to pay all invoices provided
by the Company or the Contractor; and 4. The balance of the proceeds of sale (if
any) be forwarded by way of bank cheque to the Client at the Client’s last known
8. RESPONSIBILITY FOR LOSS AND DAMAGE
8.1. The Client acknowledges that while all reasonable care and skill is exercised
by the Company, there are inherent risks involved in the movement of Goods or the
provision of Services, many of which are beyond the control of the Company, Contractor,
8.2. The Client accepts that there are such risks referred to in clause 8.1 of these
conditions and accepts any financial detriment or other losses that may result from
the movement of Goods by the Company or Contractor.
8.3. The Company shall not be liable to the Client for any loss or damage whatsoever
suffered by the Client, either directly or indirectly, including but not limited
to economic loss, loss of profits, liabilities to third parties, caused by: 1. any
damage, loss or destruction of Goods in the provision of Services; 2. a mis delivery,
delay in delivery or non delivery of the Goods; 3. theft, overturning, fire, collision,
road or rail accident involving the conveying vehicle; or 4. the carriage of Goods
by a route other than the shortest or usual route.
9.1. Insurance against loss, damage or destruction of Goods shall be arranged independently
of the Company by the Client prior to the commencement of any contract for the carriage
9.2. The Client agrees that the Company shall not bear any responsibility to the
Client if a claim made on independent insurer fails or is limited in any way because
a policy is void, voidable, unenforceable, has expired, or because of an exclusion,
restriction, or other term of the policy of insurance, whether or not such failure
or limitation arises directly or indirectly from any action of the Company.
10. TRADE PRACTICES ACT
10.1. Nothing herein shall be construed as having the effect of excluding, restricting
or modifying the provisions of the Trade Practices Act (Cth) 1974 (as amended).
10.2. Unless otherwise stated herein, all warranties and conditions are hereby negated
and excluded to the maximum extent allowed by Law.
11. BREACH OF CONDITIONS
11.1. The client acknowledges that any breach of any conditions contained herein
will result in legal action being commenced by the Company to recover any and all
losses suffered by the Company, on an indemnity basis.
Thank you for your interest in Long Jetty Furniture Removals.
For us to provide you with a quote, please understand certain conditions apply.
These general conditions are standard practice for all carriers in the transportation
and removals industries.
A copy of these conditions and will be mailed with your quotation.
Please read and accept these conditions in order to provide us with your details
so we can accurately quote your move.
GENERAL TERMS AND CONDITIONS
To continue with your quote please click the accept button.