Agree to our Terms & Conditions Terms & Conditions*TERMS AND CONDITIONS OF BUSINESS OF SOUTHSIDE REMOVALS PTY LIMITED (ABN 21 601 598 216) (“Southside”) 1. Interpretation: In these terms unless otherwise indicated by the context: (a) the singular includes the plural and vice versa; (b) headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate; (c) references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute; (d) the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not; (e) these terms will bind each party’s legal personal representatives, successors and assigns; (f) the word Charges means amounts invoiced to the Customer by Southside; (g) All references to Southside include references to its officers, employees and servants; and (h) where a party comprises two or more persons the rights and obligations of such persons pursuant to these terms will enure for the benefit of and bind all of them jointly and each of them severally. Sole Terms 2. These terms of sale apply to all transactions between any person: (a) proposing or enquiring to engage the services of Southside; (b) proposing or enquiring to hire or purchase any goods from Southside; (c) engaging the services of Southside; (d) purchasing, hiring or ordering any goods from Southside; and/or (e) who signs these terms on behalf of a company that is attending to any of the matters listed in clauses 2.(a) to 2.(d) above (“the Customer”), and Southside, including all quotations, offers, orders, invoices or sales. 3. These terms will only be waived or varied in writing signed by Southside. 4. These terms contain all the warranties and conditions given by Southside in connection with goods and services supplied by Southside and to the extent that Southside may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Southside excludes from application all such implied warranties and conditions. 5. Services and Packing Material Provided 5.1 Southside provides removalist and delivery services in respect of goods owned or possessed by the Customer (“Services”) and offers for hire and sale packing material and boxes (“Packing Material”) for those goods. 5.2 Southside is NOT a common carrier and does not accept any liability as a common carrier and may refuse to transport goods or any class of goods for any person in its provision of the Services. 5.3 The Services provided by Southside are provided on the basis that any goods moved or transported by Southside are at the risk of the Customer and not at the risk of Southside. Southside shall not be liable in respect of the loss or damage whatsoever to any goods while such goods are in the custody or under the control of Southside. Southside shall not be liable for any loss or damage which may be sustained by the owner of any goods if the Customer is not the owner of the goods or any of the goods and the Customer shall indemnify Southside against any such loss or damage sustained by any such owner. The loss or damage referred to shall mean and include, without limitation, the foregoing loss or damage caused by the negligence or wilful act of Southside or resulting from a default or breach of bailment or breach of contract or otherwise by Southside and whether or not such loss or damage is foreseeable or contemplated by Southside including loss or damage relating to any deterioration or contamination. 5.4 In the provision of Services Southside shall be entitled to transport the goods by any route or way whatsoever (without being bound to follow any customary or usual route or way) to unpack and repack goods, to break any route or journey as it sees fit, to part with possession of the goods and to regain the same and in general to deal with the goods in any way whatsoever as shall seem appropriate or convenient to Southside at Southside’s sole discretion. Southside may in particular and without limiting the generality of the foregoing break any journey for any reason whatsoever without incurring any additional risk to which the goods might be exposed as a result of such break. 5.5 The Customer must not tender for transport or handling by Southside any volatile or explosive goods or goods which may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to damage any person or property without first presenting to Southside a full written description disclosing the nature of those goods. 5.6 Should circumstances beyond the control of Southside prevent or hinder the provision of the Packing Materials or Services, Southside will be free from any obligation to deliver goods or provide Packing Materials while such circumstances continue. For as long as such circumstances exist, Southside may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of Southside include, but are not limited to: strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; failures or malfunctions of computers or other information technology systems; and failures or malfunctions of motor vehicles used by Southside in the provision of the Services. 5.7 Southside also offers for sale or hire Packing Materials for use by the Customer for the packing of goods. Should the Customer hire Packing Materials then the Customer shall, subject to fair wear and tear, return the Packing Materials to Southside when required by Southside and in a similar condition as to when they were supplied to the Customer. Should any Packing Materials not be returned in the required condition pursuant to this clause then the Customer shall pay to Southside the purchase price of the Packing Materials. For the avoidance of any doubt the return of ripped boxes and other ripped or torn packing materials will result in the Customer being obliged to pay Southside the purchase price of the Packing Materials so damaged. 5.8 Southside reserves the right to over-supply or under-supply any order of Packing Materials within reasonable limits on the information made available to Southside by the Customer. The Customer will pay for any such over-supply at the unit price for the delivered Packing Materials. 5.9 Southside retains a discretion to refuse to provide the Services or any part of them should any conditions at the place of pickup or delivery be dirty, dangerous or hazardous – hygienic or otherwise. Such hazards may also be created by weather conditions such as may be present when there is high wind and lifting some goods up via balconies is requested or required and should Southside exercise its discretion pursuant to this clause, that exercise in not providing the Services in full or in part shall not result in any refund or discount being applied to the moneys due by the Customer for the provision of the Services and the moneys due by the Customer shall be at the full rates of Southside. 5.10 The clauses of these terms and conditions that exclude or limit Southside’s liability will apply only to the extent permitted by law. Provisions of the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These terms and conditions must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which Southside is entitled to do so, its liability under those statutory provisions will be limited at its option to: (a) the replacement of the goods or the supply of equivalent goods; or (b) the repair of the goods; or (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. 5.11The Customer acknowledges that Southside does not inspect or examine the working order of, or the condition, of any of the goods to be transported. Southside does not acknowledge that any of the goods to be transported by Southside are in working or operating order or are in a good or unbroken or undamaged condition. Customer’s Warranties and Indemnities 6. The Customer warrants that: (a) it has fully and adequately described the goods, their nature, weight and measurements and that, given their nature, the goods are packed in a proper way to withstand the ordinary risks of transport proposed in the provision of the Services, and the Customer bears all risks associated with the packing of the goods for the purposes of that transport; (b) the Customer is either the owner or the authorised agent of the owner of the goods to be the subject of the Services and it accepts these conditions for itself and, if the proposed receiver of any of those goods is not the Customer, for the receiver as well as for any other person for whom the Customer is acting; and (c) subject to any insurance claim to an insurer pursuant to any policy of the type referred to in clause 11 below, neither the Customer nor any other person will make an allegation or claim against Southside or any other person about the provision of the Services, AND the Customer indemnifies Southside from any loss, damage, expense, penalty, fine or liability arising from a breach of these warranties, the Customer’s obligations or these conditions. Further Rights of Southside 7.1 If in Southside’s opinion any goods are or are liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, Southside may at any time and at the Customer’s cost destroy, dispose of, abandon or render them harmless without compensation to the Customer or any other person and without prejudice to Southside’s right to the Charges. 7.2 Southside is authorised to deliver goods at the address given to Southside by the Customer and Southside will be taken to have delivered the goods if at that address Southside obtains from any person an acknowledgement of delivery. 7.3 If the address is unattended, Southside may at is sole discretion: (a) deposit the goods at the address; (b) store the goods at the additional cost of the Customer; or (c) return the goods to the address from where they were collected from at the additional cost of the Customer, and its action under 7.3(a), 7.3(b), or 7.3(c) will constitute delivery. 7.4 If any identifying document or mark is lost, damaged, destroyed or defaced Southside may open any document, wrapping, package or other container in which goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership or destination. 7.5 If Southside believes it is necessary or desirable, Southside may deviate from the usual route or method of transport. Charges 8.1 The Customer must: (a) unless otherwise agreed, pay Southside the Charges upon the rendering of an invoice by Southside to the Customer or upon delivery, whichever is the earlier; (b) pay the cost, expense or loss to Southside of destruction or disposal under 7.1, storage and return under 7.3 or of opening or inspecting under 7.4; (c) compensate Southside for any cost, expense or loss to Southside’s property or to any person caused by any goods; (d) pay Southside any costs not recouped out of the proceeds of sale of any goods under clause 9.2. 8.2 Southside’s Charges are earned as soon as the goods are picked up and whether they are delivered to the nominated address or not and whether damaged or not. 8.3 Southside will not refund any payment for Charges under any circumstances and, in should the Customer not pay Southside pursuant to clause 8.1(a) above, and the quotation or initial invoice supplied by Southside for the Services was for an amount less than what would be the total sum payable in accordance with Southside’s current schedule of rates then the Customer agrees that the Customer shall immediately pay Southside for the Services in accordance with its then current schedule of rates upon the issue by Southside of a fresh invoice, Southside can forthwith issue a fresh invoice for that increased amount and any obligation for Southside to provide the Services at the smaller lump sum amount ceases and is void ab initio. 8.4 Southside’s invoiced charges represent the inclusive value of the supply for GST purposes. 8.5 All quotations supplied are merely estimates based on the information then to hand to Southside and the provision of a quotation by Southside does not bind Southside to provide the Services for any quoted amount. 8.6 Charges are calculated and invoiced pursuant to Southside’s then current schedule of rates and in that regard:(a) the rates for all services are charged at an hourly rate per employee of Southside at the applicable hourly rate relating to the truck or other motor vehicle used for the provision of the Services; (b) the hourly rates include reasonable breaks required by the employees of Southside with such breaks including, but not limited to, meal and drink breaks, toilet breaks and other rest breaks required for the safety of the employees of Southside and there shall be no reduction in time charged for the taking of these breaks . The number and frequency of such breaks may be influenced by the weather and other conditions; (c) the minimal charge for each truck of Southside involved in the provision of the Services shall be 4 hours; (d) if the provision of the Services exceeds a continuous time in any one day of 8 hours in duration then all hourly charge rates thereafter for that day shall be multiplied by 1.5; (e) all waiting time incurred by Southside resulting from any delays in settlement of the sale or purchase of any real property will be charged to, and by payable by, the Customer; (f) The number of persons to be allocated to the provision of the Services is at the discretion of Southside; (g) all hourly/daily charges of Southside commence at the time that Southside’s truck/s leave their home location (situate at Caringbah) and end at the time that Southside’s truck/s return to that home location and shall be charged for each half hour or part thereof. 8.7 Southside’s current schedule of rates is: (a) For one truck and one man (being the driver who shall also be providing labour) $198.00/hour (GST inclusive); (b) for one truck and two men (being comprised of the driver who shall also be providing labour and one other) $242.00/hour (GST inclusive); (c) for Packing Materials at the rates contained in Southside’s quotation for the particulars job; and (d) for Additional Accommodation as referred to in clause 8.8 below, at cost. 8.8 When Southside provides a lump sum quotation for the supply of the Services then: (a) if the amount is for an amount that is equal to or less than 4 hours of the Services supplied in accordance with Southside’s current schedule of rates (e.g. if a quotation is for 1 man and 1 truck and is for an amount less than or equal to $792.00) then that quotation only includes the supply of up to 4 hours of the Services; (b) if the amount is for an amount that is for more than 4 hours of the Supply of the Services but is equal to or less than for 8 hours of the Services in accordance with Southside’s current schedule of rates (e.g. if a quotation is for 2 men and 1 truck and is for an amount more than $968.00 but less than or equal to $1,936.00) then that quotation only includes the supply of up to 8 hours of the Services; (c) if the quotation has a different date of delivery from the date of collection and involves the delivery or collection to or from a location outside of the Sydney metropolitan area, then the quotation includes up to an including twice the number of days commencing on and including the date of collection and concluding on, and including, the date of delivery (at the rate of 8 hours per day), and additional time over and above those limited times and days is charged to and payable by the Customer in accordance with Southside’s current schedule of rates and otherwise in accordance with clauses 8.1 to 8.6 inclusive of these terms and conditions and, in the case of there being one or more days being required than the formula provided in 8.8(c) above provides, the all accommodation required for those days over and above those calculated days is also payable at cost by the Customer (“Additional Accommodation”) Lien 9.1 Southside has a general lien on any goods subject to the provision of the Services for all Charges due or which become due on any account. 9.2 If the Charges are not paid or the Customer fails to take delivery or return of the goods, Southside may without notice and, in the case of perishable goods immediately: (a) store the goods as Southside thinks fit at the Customer’s risk and expense, or (b) open any package and sell all or any of the goods as Southside thinks fit and apply the proceeds to discharge the lien and costs of sale. 10. After the happening of an event of default, being any one of the events as specified in clause 9.2, Southside may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it determines and will be entitled to deduct all expenses incurred. For the purposes of recovering possession and without limiting the generality of the foregoing, the Customer irrevocably authorises and licenses Southside and its servants and agents to enter any premises where any goods may be stored and to take or retake possession of the goods. Insurance 11.1 The Customer can take out transit insurance in relation to goods and Southside will assist in arranging that insurance for them on the following bases: (a) All arrangements for such insurance involve a direct relationship between the Customer and the insurer and any actions undertaken by Southside in relation to the obtaining of any such insurance shall be as the Customer’s authorised agent; (b) All claims shall be made by the Customer directly to the insurer pursuant to any requirements of the insurer; (c) It is the responsibility of the Customer to obtain all required details from the insurer including all terms of the policy and all claims procedures; (d) The Customer is aware that transit insurance is only available in regard to any goods packed into boxes or other containers by employees of Southside. 11.2 The Customer is aware and acknowledges that the nature of the provision of the Services may result in damage to goods and also to premises and the Customer undertakes to take all necessary steps to reduce the risk of any such damage. 11.3 The Customer agrees to bear the risks in relation to any loss or damage and any failure to obtain appropriate insurance in relation to any goods and any premises (including building and contents insurance) and the Customer agrees that in addition to any other exclusion of liability present, Southside shall in no circumstances be liable for any loss or damage in excess of any excess payable under any appropriate insurance policy or any excess payable if an appropriate policy was obtained. Acceptance of Goods 12.1 If Southside is liable for damage to or loss of any goods or any other loss or damage, no claim for the loss or damage may be made unless notice of the claim is lodged in writing within 5 days of the date of delivery or, for non-delivery, within 7 days of the anticipated date of delivery. 12.2 The failure to notify a claim within a time under 12.1 is evidence of satisfactory performance by Southside of its obligations. 12.3 Despite any other condition except sub-clause 5.10, Southside will be discharged from all liability for loss or damage unless an action is brought within 6 months of delivery or the anticipated date of delivery. Severability 13. If any part of these terms is invalid or unenforceable, these terms do not include it. The remainder of these terms continue in full force. Proper Law 14. These terms will be governed by and construed pursuant to the laws of New South Wales and the parties agree to submit to the jurisdiction of the Courts of New South Wales in connection with any dispute relating to these terms. Rights Not Affected by Failure to Enforce 15. The failure of either party at any time to enforce any of the provisions of these terms or any rights in respect hereto or to exercise any election herein provided will not be a waiver of such provisions, rights or elections or affect the validity of these terms. Indemnity 16. The Customer agrees to indemnify Southside in respect of any breach of these terms by the Customer and that indemnity of the Customer includes indemnifying Southside in relation to any enforcement costs, including legal costs on an indemnity basis, incurred in relation to the enforcement of any of these terms and any obligation contained therein and any costs incurred in any actions undertaken by Southside (including court proceedings) in seeking to recover payment of moneys due to Southside by the Customer. I agree to the Terms & Conditions.I am an:* Individual Company Your Name* First Last Company Name* ABN* Signature*Please use your mouse or touchscreen to sign your name. This digital signature is legally binding.NameThis field is for validation purposes and should be left unchanged.