These terms and conditions will apply to all contracts in respect of which you have requested us to arrange for the carriage of goods. You acknowledge and accept that you have read, understood and agreed to these terms and conditions prior to booking a move with us.
- “us”, “our” or “we” means Proficient Removals (A division of Hire A Mover Pty Limited ACN 163 150 749).
- “you” or “your” means the authorised person booking the carriage of goods or similar services to be carried out by us.
- “goods” means any good or item which you have requested to be carried or arranged to be carried by us.
2. Removal Services
- We are not common carriers and accept no liability as such.
- We reserve the right to refuse to quote for the carriage of goods for any particular reason and for carriage of any goods or classes of goods at our discretion.
- You acknowledge and accept that any pick up/delivery time or date advised by us is indicative only and is not guaranteed to be met. If there is a pick up/ delivery time or date which in our opinion cannot be reasonably met, then we reserve the right to alter that time or date at any time before the commencement of the move.
- Due to OH&S issues, we expect your items to be of a standard cleanliness and we have the right to refuse to move items considered by our movers as dirty. All your items should be put into boxes and the boxes be suitable for moving. We will not move boxes that are not strong enough to carry the items that have been placed in them.
- If our removalists believe there are safety risks or the work being requested is not suitable for our removalists and/or equipment we have the right to refuse to undertake the work.
Local Moves (within the same state)
- Our prices quoted in the booking confirmation are per hour rates and are charged in 15-minute increments. Please note that the prices are not a fixed price but an hourly rate. Prices quoted include GST.
- Our rates start from the time our removalists arrive onsite until the completion of the move at the final destination address.
- A call-out fee will be charged on moves to cover our travel expenses travelling to and from the move. This fee will be quoted to you prior to your move.
- All moves incur a 2-hour minimum charge.
- Any waste disposal fees incurred during the move will be charged to you.
- We do not take tolls roads unless the client specifically requests us to do so, in which case it will be at your expense.
- All moving estimates given verbally (i.e. over the phone) cannot be considered a fixed cost. The minimum fee is not a fixed costing of the move.
- We provide a quote for a number of trucks and removalists which is based on the information you have provided over phone and or email us about your property. This does not guarantee the work will be completed within a certain timeframe or that additional resources may not be required on the day if our removalists believe it is necessary to complete the work in a given timeframe.
3. Specialist Items
Please notify us if you have any of the following items:
- Double Door or Commercial Refrigerator;
- Piano or Organs (we do not move grand pianos or pianolas);
- Items made from marble;
- Glass Table tops or cabinets;
- Pool or Snooker Tables (we do not move commercial pool tables or any heavier than approximately 350kg);
- Large Pot Plants that have not been cleaned;
- Animal enclosures, fish tanks, etc.;
- Any items heavier than 80kg;
- Any items larger than 3 metres in length;
- Sensitive and/or delicate items such as fishing rods.
We reserve the right not to move any of the above listed items if we were not informed of such items at the time of the booking. There may also be additional charges for moving any of the above items.
4. Your Obligations and Warranties
- You warrant that any information that you have provided to us, and on which we have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work, is accurate.
- You warrant that, in entering into this agreement, you are either the owner of the goods, or the authorised agent of the owner of the goods.
- You must ensure that you or a person acting on your behalf is present at all times when the goods are loaded or unloaded. You agree that we will not be held responsible or liable for goods not collected, for collecting the incorrect goods, and/or for or any loss of or damage to goods if you or a person acting on your behalf is not present, for any amount of time, during the loading and/or unloading of the goods.
- You should inspect all the goods as they are unloaded and/or relocated. If there is any loss of or damage to goods that you consider to have been caused by us, please ensure you notify our office no later than 48 hours after completion of the job. Unless you advise us within 48 hours of completion of he job, we will not be responsible or liable for any such alleged loss or damage.
- You must sign the job sheet on completion of the move. If you fail to sign the job sheet on completion of the move it will taken as if you were not present at loading/unloading and that no loss or damage has been identified and therefore we will have no liability as detailed under the points above.
- You warrant that the goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor likely to encourage any vermin or pest unless you have disclosed to us in writing the presence and nature of any such items prior to them being made available to us for loading or storage. We may refuse to remove or store such items. If we discover any article or substance of this nature after the goods have been received by us, we may take any reasonable action, including destruction or disposal, as we may think fit without incurring any liability to you.
- You must, prior to the commencement of the removal or storage, give to us written notice of any goods which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewellery, precious objects, works of art, money, collections of items or precision equipment in any case having a value in excess of $1,000.
- You must ensure, to the best of your ability, that all goods to be removed (other than goods being removed from store) or stored are uplifted by us and that none is taken in error.
- We expect you to be polite and not rude to our movers, we reserve the right to not complete a job if you or the people in your property are not acting in a professional manner.
- You are expected to do a final inspection of your property prior to our removalists leaving to ensure that nothing has been left behind and that all tasks requested have been completed. You should ensure all power, taps, etc. are off and doors, windows and garages are locked.
- Prior to our removalists arriving, you should disconnect all appliances from power and any hoses should be disconnected from their taps. You should also remove items such as TVs from any brackets/walls.
- If you have not done the above, our removalists will do what they can in terms of removing items from walls or disconnecting and re-connecting appliances, however they are not plumbers, electricians or handyman and as such we can not guarantee or warrant those tasks. You should have a licensed plumber/electrician/handyman attend to these items or check these tasks once they have been completed.
We will not be bound to deliver the goods except to you or a person authorised in writing by you to receive the goods. If we cannot deliver the goods either because there is no authorised person there to receive them on our arrival, or because we cannot gain access to the premises, or for any other reason beyond our control, we will be entitled to unload the goods into a warehouse, and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the goods. If this happens, we will endeavour to contact you to ascertain whether you have any alternate instructions.
6. Cancellation Policy
- Local moves (i.e. moves within the same state) cancelled, rescheduled or placed on hold at least 24 hours prior to the estimated arrival time will incur no fee and your deposit will be refunded.
- For any move cancelled, rescheduled or placed on hold within 24 hours of the estimated arrival time, you will incur the minimum 2-hour plus call-out fee charge. This will be charged onto the same credit card you paid with the deposit with unless you provide an alternative credit card at the time of cancellation.
- If we have to cancel your move for any reason your deposit will be refunded.
- Our quotes are subject to availability at the time the quote was provided to you. We give no guarantee there will be availability if you book at a later date. If we are unable to offer you our service during your requested time slot due to no availability, we will provide you with a refund.
7. Payment and Deposits
Local Moves (within the same state)
- A $50 deposit is required to secure your local booking. The deposit is non-refundable subject to the applicable Cancellation Policy in clause 6 above.
- You must pay the full amount due (less the deposit) (“amount due”) on completion of the move either by cash or credit card. You must ensure that you have the payment available in either cash or credit card.
- If you do decide to pay by credit card, you expressly authorise us to process the credit card payment for the amount due (on the credit card provided by you, or if no credit card is provided, then the credit card used for the original deposit) within one (1) business day of completion of the move regardless of whether there is any dispute in relation to the move. To avoid any doubt, even if there is a dispute for any reason, you must still pay the amount due on completion of the move and you expressly authorise us to process the credit card payment for the amount due. If you have any issue or concern with your move or what you were charged, you should email our customer service team at info firstname.lastname@example.org so that it can be resolved.
- If you are not present at the completion of the move you expressly authorise us to process the credit card payment for the amount due on the credit card used for the original deposit.
- If you are not present on your move, Proficient Removals at its discretion can charge the minimum payment prior to starting the move. This will be deducted from the final payment once the move is completed.
- If payment of the remaining amount is not received or is unable to be processed within 24 hours of completion of the move then the collection of the amount due will be passed to a debt collection agency and you will be subject to the debt collection agency fees in addition to interest charges.
- Interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act (NSW) plus two percent.
- In the event of the Customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Customer shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis the Customer shall be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply. Commission = Original Debt/(100 -Commission % charged by the agency including GST) x 100. In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Customer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
- Additional charges: some of our movers carry bubble wrap and shrink wrap and offer these services as additional services to the normal removal service. If you request bubble wrapping of some of your products or shrink wrapping of your products these will incur an additional charge which will be discussed with you by the removalist prior to them undertaking this work. This amount will also be written on the job sheet and charged upon completion of the move.
- Without limitation and at our Proficient Removals’s discretion, upon unloading your goods, Proficient Removals reserves the right to withhold some of your goods in the truck until the final payment has been made.
- As noted above we accept either cash (where applicable) or credit card as forms of payment. Cheques are not accepted unless pre authorised with us.
- We accept Visa or MasterCard but we do not accept American Express.
- The customer may not withhold any part of the amount due or additional charges.
- If we have arranged for your goods to be moved into storage, your credit card will be charged for the removal services once the unloading has been finished at the storage depot for the time and travel fee involved. You expressly authorise us to charge your credit card and sign off on the time it took to complete this work if you are not present at the time of unloading at the storage depot.
- Recovery for legal costs. You are liable for any additional cost(s) incurred by us, as a result of having to recover overdue or outstanding monies from you.
- Goods held in lieu of payment. We reserve the right to seize or hold the goods and where you fail to pay any amount due, dispose of or sell goods in lieu of payment. We may dispose of goods in lieu of payment after a period of 28 days (28) days from the completion of the move.
- If your goods are in our storage facility or in storage under our arrangement, we will not provide any access under any circumstances to your goods until you have paid for the removal services and storage services in full. Alternatively, Proficient Removals have authority to charge your credit card for the amount stated on the job sheet. If you have any disputes regarding the work performed, you should contact the office during office hours to have this resolved. This is not reason to withhold payment or part of payment.
8. Vehicle Sizes
- We endeavour to always quote the correct vehicle for your move. However, our decisions are based on the information we are provided by you over the phone or when you completed our online enquiry form. We will not be liable if the truck provided is too small for a single move and multiple moves are required.
- Please advise us of any loading docks height clearance, our large trucks have a height minimum of 3.6m and our smaller trucks a height minimum of 3m.
9. Method of Carriage and Subcontractors
- We will be entitled to carry the goods by any reasonable route (having regard to all the circumstances including the nature and destination of any other goods being carried on the vehicle) any by any reasonable means.
- We reserve the right, at our discretion, and without notice to you to subcontract all or part of the carriage of goods, and as a result of such, you indemnify us for any delay or damage due to any act or omission of the subcontractor, its employees or agents.
- Any provisions in these conditions which limit our liability also apply to our employees and our subcontractors and their employees.
10. Insurance & Loss/Damage to Property
- Proficient Removals has Goods in Transit insurance as well as Public Liability Insurance. Your goods are covered under our insurance if our removalists are negligent.
- For instances when our removalists are not negligent, insurance is highly recommended by us and you acknowledge and accept sole responsibility to ensure that your goods are adequately insured for loading, unloading and transportation by organising relevant insurance cover. Insurance can be obtained by contacting your current insurance provider or Removals Insurance Australia who are our trusted insurance brokers and are able to arrange insurance for your goods while they are in transit.
- Although we will take all the necessary care to ensure that your goods arrive safely, there may be circumstances where we are not responsible or liable for any loss or damage to your goods that occur during a move in accordance with clause 12.
11. Risk and Title
- All risk in the goods will pass to you on delivery.
- All of your goods received by us will be subject to general lien for any monies owed by you to us as a result of this Contract.
- Title in the goods will not pass to you until we have been paid in full for the move.
12. Loss or Damage – Private Removals and Storage
- These terms and conditions are in addition to any other rights or remedies that you may have under the Australian Consumer law. Those additional remedies remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and remedies are modified to the extent permitted by law.
- You must notify our office in writing within 48 hours of completion of the job if there is any damage/loss to your goods. Failure to notify us within this period means we will not be responsible or liable for any such alleged loss or damage.
- If the goods sustain damage by reason of defective or inadequate packaging, packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by us or our subcontractor, we will not be liable for any loss or damage to the goods. It is your responsibility to ensure your goods are properly packaged and protected in a suitable manner for transport. Proficient Removals takes no responsibility for goods damaged during transport that were not adequately protected using packaging.
- For minor cosmetic damage such as marks, scuffs, scratches and dents, Proficient Removals will pay $50 per item damaged.
- Certain goods (including without limitation electrical and mechanical appliances, computer equipment, scientific instruments, musical instruments and old or self assembled furniture) are inherently susceptible to suffer damage or disorder upon removal. Unless that damage or disorder results from the want of due care and skill on our part, we will not be liable for any loss or damage to the goods.
- Irrespective of any damage or loss that may have been caused by Proficient Removals, you will still need to make complete payment upon completion of unloading your goods. For any claim for damage or loss you will need to contact the office so that the normal process for claims can be followed.
- We are not liable for any damage not caused by us or which results from any cause beyond our control.
- Notwithstanding anything contained in these terms we will only be responsible or liable for loss or damage to goods where such loss or damage can be proven (without reasonable doubt) to have been caused by our negligence.
- If an item is damaged and is to be replaced, if Proficient Removals pay you financially for this, Proficient Removals will collect and take ownership of the damaged item.
- In any claim for loss or damage under this clause, any estimate of the value of the goods which you have provided to us, whether for the purposes of insurance or otherwise, will be prima facie evidence that the total value of the goods did not exceed that estimate at the time of loss or damage.
- Notwithstanding anything else contained in these terms and conditions our liability is limited to repairing the damaged goods to as near the condition as prior to the damage occurring as possible or replacing lost goods with the same or similar good. These repairs or replacements will be arranged by us. No responsibility is accepted or any other losses whatsoever including any consequential loss or loss of value as a result of repairs or replacement of goods.
- In lieu of repairing goods we have the option to compensate you, by paying to you the value of the damaged goods prior to the damage occurring. If the value cannot be agreed on between us it will be assessed by an independent valuer chosen between us, and if we cannot agree, chosen by the President for the time being of the New South Wales Law Society. The value of determination will be final and binding on the parties. The costs of the valuer will be paid by the party whose value differs most from the valuers.
- Where an item is part of a pair or set of items, repair or compensation will extend only to the proportionate part of the pair or set of items.
- If you or someone on-site that is not one of our movers, assists with the loading or unloading of your goods into or out of our truck, you may not be covered by our insurance policies.
- If you or someone on-site that is not one of our movers, assists with the moving, you may not be covered by our insurance policies for those items.
13. Loss or Damage – Commercial Removals and Storage
- Application: If the move is required by you for the purposes of a business, trade, profession or occupation in which you are engaged, the following conditions of this clause will apply.
- Negligence: We will only be liable for loss or damage resulting from our negligence which can be proven (without reasonable doubt) and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all goods moved or stored under this agreement (whichever is the lesser).
For minor cosmetic damage such as marks, scuffs, scratches and dents, Proficient Removals will pay $50 per item damaged.
- Claims: In circumstances where we are liable under the above subclause, notice of the claim must be given by you to us as soon as possible, and written notice must be given within 14 days of the date of delivery or, in the case of loss, the date upon which the goods would ordinarily have been delivered, failing which we will have no further liability.
14. Packing Materials
- All packaging materials are at an additional cost to the client. Please organise your boxes directly with Hire A Box either over the phone on 1300 858 446 or on the website hireabox.com.au.
- Our removalists will not collect used butchers paper or rubbish. It is the clients’ duty to dispose of these.
- As a special offer to our valued customers, if you move with Proficient Removals and buy or hire boxes and/or ancillary items from Hire A Box, you can get a 10% rebate on the hire and sale items of Hire A Box from Proficient Removals after your move.
15. Packing and Unpacking Services – Hire A Packer
- Proficient Removals offers packing and unpacking services under the brand name Hire A Packer as part of its’ complete moving service. These services are available at a minimum of 2 persons for 4 hours. The normal hourly rate per person per hour is $70 including GST. Each booking is a minimum of 2 packers/unpackers for $560 inc. GST.
- There is no guarantee as to the amount of packing/unpacking work undertaken in the specified time. Generally each packers can pack/unpack 4-6 boxes per hour. Should you request additional hours on the day, this will be billed to your credit card at the time of requesting the additional hours.
- It is your responsibility to ensure you have adequate boxes and packaging material (we recommend 1 kg of butchers paper for every 4 boxes). In a typical 4 hour session, you should have at least 30 boxes available (a combination of book cartons and tea chest boxes) along with packaging tape.
- If bookings are cancelled, re-scheduled or postponed within 24 hours of the booked start time, there will be no refund on the payment made, you will still pay the full rate. Should our packers be unable to gain access to the property on the day or there is some form of dispute/disagreement on-site with the parties inside the house, the packers will leave the property and you will still be charged the full rate.
- Our quotes are subject to availability at the time the quote was provided to you. We give no guarantee there will be availability if you book at a later date. If we are unable to offer you our service during your requested time slot due to no availability, we will provide you with a refund.
- Hire A Packer nor Proficient Removals will not be responsible for any damage or loss of items related to our packing or unpacking services. If you have any jewellery or valuable items of concern to you, we recommend you pack and store these items and not have our packers pack them for you.
- Hire A Packer has the right to not pack or unpack in any property that is not considered to be at a reasonable hygiene level. If your property and/or goods are not considered clean we have the right to not undertake the work.
16. Storage Services
1. The Storer:
(a) Acknowledge that Proficient Removals and/or the Facility Owner (“FO”) “we”, “us”, the “operator” will provide storage in accordance with the following terms and conditions.
(b) Proficient Removals has the right to subcontract our storage space and for the purpose of this agreement, you’re agreement, terms and conditions and dealings are directly with Proficient Removals and not any third party storage company that we have the right to use.
(c) May store Goods in the Space allocated to the Storer by Proficient Removals and/or the Facility Owner (“ FO”), and only in that Space;
(d) Has knowledge of the Goods in the Space;
(e) Warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
2. Proficient Removals and FO:
(a) does not have and will not be deemed to have, knowledge of the Goods;
(b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that Proficient Removals nor FO does not take possession of the Goods.
COST AND PAYMENT:
3. The Storer must upon moving goods into storage pay to Proficient Removals:
(a) the amount quoted per module upfront for the month in advance
4. The Storer is responsible to pay:
(a) the Storage Fee being the amount notified to the storer by Proficient Removals. This Storage Fee is payable in advance and it is the Storer’s responsibility to make payment directly to Proficient Removals on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit (“Direct Payment”) will not be credited to Storer’s account unless the Storer identifies the Direct Payment clearly and as reasonably directed by Proficient Removals. Proficient Removals and the FO is indemnified from any claim for enforcement of the Agreement, including the sale or disposal of Goods, due to the Storer’s failure to correctly identify a Direct Payment;
(b)Unless you notify Proficient Removals otherwise, you agree for the storage charges to be charged onto the same credit card with which you paid the deposit for your removal service.
(c) a Late Payment Fee ($55), as indicated on the front of the Agreement, which becomes payable each time a payment is late;
(d) any reasonable costs incurred by Proficient Removals or the FO in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or the Default Action costs.
5. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.
(a) Notwithstanding clause 23, and subject to clause 6 b), the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, Proficient Removals or the FO may enter the Space, by force or otherwise, and/or sell or dispose of any Goods in the Space on such terms that Proficient Removals or the FO may determine (“Default Action”). For the purposes of the Personal Property Securities Act 2009, Proficient Removals or the FO is deemed to be in possession of the Goods from the moment Proficient Removals or the FO accesses the Space . The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. Proficient Removals or the FO may also require payment of Default Action costs, including any costs associated with accessing the Storer ’s Space and disposal or sale of the Storer’s Goods. Any excess funds will be returned to the Storer within 6 months of the sale of goods. In the event that the Storer cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. In the event that the Storer has more than one Space with Proficient Removals or the FO, default on either Space authorises Proficient Removals or the FO to take Default Action against all Spaces.
(b). At least 14 days before Proficient Removals or the FO can take any Default Action Proficient Removals or the FO will provide the Storer with Notice that the Storer is in Default. Proficient Removals or the FO will provide the Storer with reasonable time to rectify the Default before any Default Action is taken.
RIGHT TO DUMP:
- If, in the reasonable opinion of Proficient Removals or the FO, a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale , may pose a health risk to the storer or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, Proficient Removals or the FO may dispose of all Goods in the Storer’s Space by any means.
- Further, upon Termination of the Agreement (Clause 23) by either the Storer or Proficient Removals or by the FO, in the event that a Storer fails to remove all Goods from their Space or the Facility Proficient Removals or the FO is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. Proficient Removals or the FO will give 7 days’ notice of intended disposal.
- Any items deemed left, in Proficient Removals or the FO’s reasonable opinion, unattended in common areas or outside the Storer’s Space at any time may at Proficient Removals or the FO’s reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.
ACCESS AND CONDITIONS:
10. The Storer:
(a) has the right to access the Space during Access Hours as posted by Proficient Removals or the FO and subject to the terms of this Agreement;
(b) will be solely responsible for the securing of the Space with a padlock
(c) must not store any Goods that are hazardous, illegal, stolen, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
(d) must not store items which are irreplaceable, and/or currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
(e) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
(f) must not attach nails, screws etc to any part of the Space, must maintain the Space by ensuring it is clean and in a state of good repair, and must not damage or alter the Space without Proficient Removals or the FO’s consent;
(g) in the event of uncleanliness of or damage to the Space or Facility, Proficient Removals or the FO will be entitled to charge the Storer for reimbursement for the cleaning and/or repair costs
(g) cannot assign this Agreement;
(h) must give Notice of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
(i) grants Proficient Removals and the FO entitlement to discuss any default by and any information it holds regarding the Storer with the ACP registered on the front of this Agreement;
(j) is solely responsible for determining whether the Space is appropriate and suitable for storing the Storer’s Goods, having specific consideration for the size, nature and condition of the Space and Goods.
- In addition to clause 6, Proficient Removals and the FO has the right to refuse access to the Space and/ or the Facility where any moneys are owing by the Storer to Proficient Removals or the FO.
- Proficient Removals or FO will not be liable for any loss or damaged incurred by the Storer resulting from any inability to access the Facility or the Space.
- Proficient Removals and the FO reserves the right to relocate the Storer to another Space under certain circumstances, including but not limited to unforeseen extraordinary events or redevelopment of the Facility.
- Proficient Removals or the FO may dispose of the Storer’s Goods in the event that Goods are damaged due to fire or flood or other event that has rendered Goods, in the reasonable opinion of Proficient Removals or the FO severely damaged, or dangerous to the Facility, any persons, or other Storers and/or their Goods. Where practicable, Proficient Removals or the FO will provide the Storer with reasonable Notice and an opportunity to review the Goods before the Goods are disposed of.
- The Storer acknowledges that it has raised with Proficient Removals or the FO all queries relevant to its decision to enter this Agreement and that Proficient Removals or the FO has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by Proficient Removals or the FO, been reduced to writing and incorporated into the terms of this Agreement.
RISK AND RESPONSIBILITY:
- The Proficient Removals and FO’s services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, the Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or re or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.
- Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s Goods, the Storer agrees to indemnify and keep indemnified Proficient Removals and the FO from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Facility, Proficient Removals and the FO or third parties resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.
- Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation and others . The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. Such liability and responsibility rests with the Storer, and includes any and all costs resulting from such a breach.
- If Proficient Removals or the FO reasonably believes that the Storer is not complying with any relevant laws Proficient Removals or the FO may take any action as it reasonably believes to be necessary, including the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. No failure or delay by Proficient Removals or the FO to exercise its rights under this Agreement will operate to waive those rights.
INSPECTION AND ENTRY BY PROFICIENT REMOVALS AND/OR THE FO:
- Subject to clause 21 the Storer consents to inspection and entry of the Space by Proficient Removals and the FO provided that Proficient Removals or the FO gives 14 days Notice.
- In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the reasonable opinion of Proficient Removals or the FO, threatened , Proficient Removals or the FO may enter the Space using all necessary force without the consent of the Storer, but Proficient Removals or the FO shall thereafter notify the Storer as soon as practicable. The Storer consents to such entry.
22. Notice will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Storer . In relation to the giving of Notice by the Storer to Proficient Removals or the FO, Notice must be in writing and actually be received to be valid, and Proficient Removals or the FO may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by Proficient Removals or the FO if Proficient Removals or the FO has sent Notice to the last notified address or has sent Notice via any other contact method, including by SMS or email to the Storer or the ACP without any electronic ‘bounce back’ or similar notification. In the event that there is more than one Storer, Notice to or by any single Storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement
23. Once the initial paid period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated on the front of this Agreement. In the event of any activities reasonably considered by Proficient Removals or the FO to be illegal or environmentally harmful on the part of the Storer Proficient Removals or the FO may terminate the Agreement without Notice. Proficient Removals or the FO is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of Proficient Removals or the FO. In the event that Goods are left in the Space after the Termination Date, clause 8 will apply. The Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to Proficient Removals or the FO up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by Proficient Removals or the FO. If Proficient Removals or the FO enters the Space for any reason and there are no Goods stored therein, Proficient Removals or the FO may terminate the Agreement without giving prior Notice, but Proficient Removals or the FO will send Notice to the Storer within 7 days.
24. The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
25. If any clause , term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of the Agreement.