Terms & Conditions

Definitions

1. "Removalist" means Home James Removals, its successors and assigns or any person acting on behalf of and with the authority of Home James Removals.
2. "Client" means any person/s requesting the Removalist to provide the Services, or person/s acting on behalf of and with the authority of the Client.
3. "Consignee" shall mean the person to whom the Goods are to be delivered by way of the Removalist's Services.
4. "Goods" means any goods or cargo together with any container, packaging, or pallet(s) which the Client has requested or arranged to be moved from one place to another.
5. "Services" means all services provided by the Removalist to the Client at the Client's request from time to time.
6. "Price" means the Price payable (plus any GST where applicable) for the Services as agreed between the Removalist and the Client.
7. "GST" means Goods and Services Tax (GST) as defined within the "A New Tax System (Goods and Services Tax) Act 1999" (Cth).

Commonwealth Competition and Consumer Act 2010

1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA.
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.
3. Liability of the Carrier arising out of any one incident is limited to:
   • Rectifying the Services; or
   • Providing the Services again; or
   • Paying for the Services to be provided again.

Acceptance

1. The Client is taken to have exclusively accepted and is immediately bound by these terms and conditions if the Client places an order for, or accepts Services provided by the Removalist.
2. These terms and conditions may only be amended with the consent of both parties in writing.
3. The Removalist is not a Common Carrier and will accept no liability as such. The Removalist reserves the right to refuse the carriage or transport of articles for any person at its discretion.
4. The Client expressly warrants to the Removalist that the Client is either the owner, or the authorised agent of the owner, of any Goods.
5. The Client recognises that there are always risks involved in the carriage of Goods or the provision of Services under this contract.

Price and Payment

1. The Price shall be as indicated on any invoice provided by the Removalist to the Client.
2. The Removalist reserves the right to change the Price if:
   • A variation to the Removalist's quotation is requested
   • Additional charges apply for substantially heavy items (pool tables, pianos, etc.)
   • Any increase in costs beyond the reasonable control of the Removalist occurs
   • Information supplied by the Client at the time of quotation is incorrect or inadequate
3. Payment terms are strictly seven (7) days from the date of invoice unless otherwise agreed in writing.
4. Payment may be made by cash, cheque, bank cheque, electronic/online banking, credit card, or by any other method as agreed between the Client and the Removalist.

Delivery and Risk

The Client acknowledges and agrees that:

1. Delivery of the Goods is deemed to be complete when the Removalist gives possession of the Goods to the Client or the Consignee at the destination.
2. Risk in the Goods passes to the Client upon delivery.
3. The Removalist shall not be liable for any loss or damage to the Goods in transit unless caused by the negligence of the Removalist.
4. The Removalist may arrange with an agent, contractor, or other third party to provide all or part of the Services.

Client's Responsibilities

The Client must:

1. Ensure that all Goods are properly packed, labelled, and suitable for carriage.
2. Provide accurate information regarding the nature, weight, and dimensions of the Goods.
3. Ensure that adequate access is available at both pickup and delivery locations.
4. Be present or have an authorised representative present during pickup and delivery.
5. Notify the Removalist of any special handling requirements for fragile or valuable items.
6. Declare any hazardous, dangerous, or prohibited goods prior to transport.

Insurance

1. The Removalist carries transit insurance, but the Client is advised to arrange their own comprehensive insurance cover.
2. Claims for loss or damage must be made in writing within seven (7) days of delivery.
3. The Removalist's liability for any claim is limited to the amount recoverable under the insurance policy.

Limitation of Liability

1. The Removalist shall not be liable for any indirect, consequential, or special loss or damage.
2. The Removalist's total liability under this contract shall not exceed the Price of the Services.
3. The Removalist shall not be liable for delays caused by circumstances beyond its reasonable control.

Cancellation

1. The Client may cancel the Services by giving written notice to the Removalist.
2. Cancellation fees may apply depending on the notice period provided.
3. The Removalist reserves the right to cancel or postpone Services in circumstances beyond its control.

Privacy

The Removalist respects the privacy of the Client and will only use personal information for the purposes of providing the Services. Personal information will not be disclosed to third parties without the Client's consent, except as required by law.

Dispute Resolution

Any disputes arising from this contract shall be:

1. Attempted to be resolved through negotiation in good faith.
2. If unresolved, referred to mediation before commencing legal proceedings.
3. Subject to the jurisdiction of the courts of Queensland, Australia.

General

1. These terms and conditions constitute the entire agreement between the parties.
2. Any provision found to be invalid shall be severed without affecting the remaining provisions.
3. The Removalist may assign its rights under this contract without the Client's consent.
4. These terms are governed by the laws of Queensland, Australia.