AGREEMENT FOR MOVING AND PACKING

These terms and conditions will apply to all contracts in respect of which you have requested us to arrange for the carriage of goods (Movers). You (Customer) acknowledge that prior to booking a move with us, you have read, understood, and agreed to these terms and conditions.

1. DEFINITIONS

(1) "We" means P S RANA PTY Ltd, having ABN 60 627083416. "Us" and "Our" have corresponding meanings.

(2) "You" means the party entering into the agreement for Services with us and includes the party to whom our quotation is addressed and the party by whom the acceptance is signed. "Your" shall have a corresponding meaning.

(3) "Goods" means all furniture and other effects which are to be the subject of the Services.

(4) "Services" means the whole of the work to be undertaken by us concerning the Goods, including removal and storage (if applicable).

(5) "Subcontractor" means a person who is not our employee and who, under any agreement or arrangement with us (whether direct or indirect), undertakes or agrees to undertake the whole or any part of the Services.

(6) "Container" means the shipping container that we provide or any such storage module, together with any packing materials that go therewith.

(7) "Storage Facility" means our warehouse premises or those of the destination agent.

(8) Words in the singular shall include the plural, and the use of any one gender shall include all genders.

(9) These terms may be varied or amended subject to prior written agreement.

2. REMOVAL SERVICES

(1) We are not common carriers and so are not liable as such. Furthermore, we pride ourselves in every aspect of our work, with the movables being very well orientated with their professions and carrying the equipment as per the requirements of the customer.

(2) We may refuse at our discretion to quote for the carriage of goods for any particular reason and for the carriage of any goods or classes of goods.

(3) You acknowledge and accept that any pick-up/delivery time or date which may be advised by us will only ever be indicative and will never be guaranteed to be met. If there is such a pickup/delivery time or date, which, in our opinion, cannot be reasonably met, we shall retain the right to vary such pickup/delivery time or date at any time prior to the commencement of the move.

(4) If, in the opinion of our removalists, there exists a safety risk or the work being asked to be carried out is not considered suitable by our removalists and/or our equipment, we shall then refuse to undertake such work.

3. LOCAL MOVES (within the same state)

(1) An hourly rate (charged per hour)/flat rate shall be payable for the Services rendered during the Move; plus such incidental charges as callout fees, return cost fees, depot-to-depot fees, fuel charges, stairs fees, heavy lifting charges, special heavy item charges, as would be agreed with you in writing prior to the commencement of the Move.

(2) We shall be entitled to request payment in full either before or during the local move, and you shall henceforth be liable to pay in full any remaining fees to us forthwith after the completion of the Move, and we shall retain the right to store the goods in our custody until such payment shall have been duly cleared.

(3) Any additional fees in respect of items added to the moving list without any form of consultation with office staff prior to the day of the move are also to be charged as extra.

(4) Tolls will be charged and shall be paid by the customer.

(5) We quote for a number of trucks and removalists, subject to the information that you have given us over the phone or emailed us about your property. This does not imply that the work will be done at a specific time.

(6) Should there be items requiring special physical effort upon risk assessment, extra charges shall be imposed for the conduct of risk assessment.

4. YOUR OBLIGATIONS

(1) The information that you provided to us and on which we reasonably relied to assess any quotation or estimate of the resources necessary to carry out the work shall be true.

(2) You declare that you are either the owner of the goods or the authorised agent of the owner of the goods in entering into this Agreement.

(3) You or a person acting on your behalf must be present always when loading and/or unloading of goods is taking place. You hereby relinquish us from any responsibility or liability in respect of goods not collected, collecting the wrong goods, and/or loss of or damage to goods if you or a person acting on your behalf is not present for any portion of the loading and/or unloading of the goods.

(4) You must check all the goods immediately as they are unloaded. If you consider any loss or damage to the goods that occurred due to us, you shall notify us of any damage caused to your Goods in the move, and you shall notify us of such damage in writing via email, or you must note any damage on the booking sheet available with our team. Nothing will be construed against us once it is reported after our team leaves your property.

(5) You shall make sure the goods do not contain any firearm, or items which are, or could become dangerous, corrosive, highly combustible, explosive, harmful or noxious, or might promote vermin or pest, unless you have advised us in writing beforehand as to the presence and nature of any such items prior to making any available to us for loading or storage. We may refuse to remove or store those items. If we find any object or substance of the nature referred to above after having received the goods, we may consider appropriate any reasonable action, including their destruction or disposal, without incurring any liability toward you.

(6) Prior to the commencement of removal or storage, you should give us notice in writing of goods which are of fragile or brittle nature and are not readily apparent as such or which consist of jewelry, precious objects, works of art, money, item collections, or precision equipment, in all situations where their value exceeds $1,000; we will not accept responsibility for loss or damage to such goods.

(7) You are expected to behave decently toward our movers; however, we reserve the right not to carry out the job if you or your coworkers are not behaving in a professional manner.

(8) You are to carry out a final inspection of your property before our removalists leave to confirm that nothing has been left behind and that all requested jobs have been carried out.

5. DELIVERY

The company shall not be bound to deliver to any person other than you or a person who has been duly authorised by you in writing to accept delivery. If we cannot deliver the goods on a particular date and time either because no one is authorized to receive them at our arrival, because we cannot gain access to the premises, or because of any other reason beyond our control, then we shall be entitled to unload the goods into a warehouse and an additional amount for storage as well as for the re-delivery of the goods.

6. CANCELLATION OR POSTPONEMENT OF THE MOVES

The management will be entitled to charge the applicable fees associated with the cancellation or postponement of the move. Kindly view the details below to better understand these fees.

(1) If notice is given between 12–24 hours/same day: Minimum cost will be charged for the job.

(2) If cancellation is made within 24–48 hours: $150 will be charged.

(3) The cancellation fee varies according to the job booked.

7. PAYMENT AND DEPOSITS

(1) The agreed amount/a half deposit shall be paid to secure your local booking. The deposit is subject to the Cancellation Policy applicable in clause 6 above.

(2) Upon completion of the move, if paying by Bank Transfer or Cash, you must pay the full amount due.

(3) Without limitation and at the sole discretion of Mover, upon unloading of your goods, the Mover reserves the right to withhold some of your goods in the truck until the final payment has been made.

(4) Recovery for legal fees. You shall pay any extra cost(s) incurred by us to recover overdue or outstanding monies from you.

(5) Goods held against payment. We have the right to seize or hold such goods and, should you fail to pay any amount due, dispose of or sell in lieu of payment. We may dispose of goods after 28 days from the completion of the move in lieu of payment.

8. DELAYS IN TRANSIT

(1) We shall do our best to arrive within the time slot given to you upon booking. As explained earlier, the said time is merely an estimate to reach. Hence, it depends on other client jobs preceding and is totally out of our control.

(2) Delays may arise due to inclement weather, traffic accident, truck mechanical trouble, medical emergency, etc.

(3) We will not hold ourselves accountable for delay or non-performance of services under this Agreement upon the Act of God, adverse weather conditions, industrial actions by third parties, rescheduled sailing times or departure times or arrival times, port congestion, or the like events currently out of our reasonable control.

(4) We shall not be held accountable for any losses sustained by any customer caused due to unforeseen or delivery/pick-up delays beyond our control.

9. SERVICES

(1) Moving services shall be rendered through the actual carrying of goods, labour, and moving expertise ("our Services") under these terms and conditions.

(2) Our staff shall pack the goods on the premises if packing service has been so chosen by the client.

(3) We can use subcontractors to handle all or a portion of the move. These terms will remain in effect even if we subcontract.

10. INSURANCE AND RISK OF DAMAGE

Thank you for giving us the opportunity to move your belongings. Please carefully read the conditions below as far as the transportation of your goods and the risk of damage:

(1) No Insurance Coverage Included: No insurance coverage is provided for your items in your move. All goods are transported at the risk of the owner.

(2) Risk of Damage: Our team of movers handles all belongings with great care; however, please note that these things might happen beyond our control. According to the terms and conditions, we accept no liability for losses or damages to goods unless caused wilfully by our team.

(3) Insurance for Special Cases: If you want to have insurance coverage for your valuable or special goods, you will have to request that coverage specifically before the move. We are able to provide insurance coverage upon payment of an additional fee; please contact us prior to your move.

(4) Risk Acknowledgment: In availing of our services, you accept and acknowledge that your items are moved at your own risk.

11. OUR GUARANTEE

Subject to the observance of these terms and conditions, we guarantee that the Services will be provided or performed in a proper manner and with due care and skill. We will, at our sole discretion, in the event that damage occurs to the Goods (the "Damaged Goods") as a direct result of our failure to exercise due care and skill in carrying out the Move:

(1) Option to Repair: Repair the Damaged Goods to as near the condition prior to the damage occurring. Where the Damaged Goods are repaired under clause 11 (1), such repair shall be limited to that damage only and shall restore the Damaged Goods as near as possible to the condition in which the Damaged Goods were before the damage occurred. Such repair will be undertaken by a repairer of our choice, competent in the repair, and the Customer is to make the Damaged Goods available to us for that repair.

(2) Option to Compensate: Compensate you for the damage caused to the Goods. Where we elect to pay compensation under condition 11(3), we shall indemnify you only for loss or damage resulting directly from negligence on our part, and such indemnity will in any event be limited to $100 per item or package or $1000 in respect of all goods moved under this agreement (whichever is the lesser). Where replacement or compensation is offered, this is not, so to speak, "new for old" service. The valuation, in such cases, considers age, depreciation, and wear and tear of the item in question.

12. EXCLUSION OF LIABILITY

We do maintain a hassle-free move and customer-oriented service. However, there remain cases excluded from our liability.

Note: We still take care of your belongings closely; however, slight minor scratches may occur on floors, walls, or goods during the move. This depends on numerous factors, such as entry to the premises, narrow stairs, enclosed sections for particular goods, and heavy or delicate goods.

To the fullest extent permitted by law, any liability is, by these presents, clearly excluded and limited, whether under our Guarantee, these terms, or at law, in respect of:

(1) Unconfirmed Items: Where items have been added to the moving list and no consultation has been made with office staff before the day of the move, the Customer is liable to pay an additional charge.

(2) Identified Risks: The company is not liable for the damage where an existing condition/circumstance of an item, OR a certain direction or instruction, goes against our normal standards of workmanship for moving. Pianos and Pool Tables require a minimum of 3-4 movers, depending upon the size and weight of the item. If the company is directed to perform a move with inappropriate manpower, there will be a verbal agreement between you and us relating to the existing condition/circumstance of an item and hence will not be covered by this Guarantee.

(3) Unknown Risks: arising from damage from conditions or things not known to us, for example, arising from a defect in any Goods not immediately apparent to the eye.

(4) Inadequate/inappropriate packaging: damage which resulted either directly or indirectly from your failure to adequately protect and appropriately pack the Goods.

(5) Inadequate notice: you fail to notify us of any damage to the Goods at the time of completing the Move in accordance with Section 4(4).

(6) Unavoidable Risks: For any item that cannot be flat-packed down to the essentials for transport, things of this stature like marble or masonry, mattresses not protected by wrapping, pot plants, or fish tanks—any act of moving may inevitably cause damage due to the nature of the item.

(7) Electrical Goods: The internal damage of electrical goods where there has been no external damage caused by us. Some items render faults that are unavoidable, no matter the careful handling.

(8) Televisions: With curved TVs, it has been found that even though they might be well packed and handled, damage can occur on account of the very nature of the design. It is, hence, excluded from any kind of guarantee.

(9) Non-structural damages: Superficial damages such as dents or scratches.

(10) Consequential loss or damage: any consequent loss or damage in respect of the Move or damages occurring during the Move to the Goods, other items not being moved, or the property at which goods are being removed from or being delivered.

(11) Sets: Where an item is part of a pair, set, suite, or collection of items, we accept liability only for the proportionate part of the pair, set, suite, or collection of items, notwithstanding any special value such damaged or lost part may have as part of such pair, set, suite, or collection of items.

(12) Transport damage: When the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision, or overturning, and we are compensated by our insurer, you shall only be entitled to compensation for that extent which such compensation is covered by our insurance.

(13) Mobile storage: A move to a mobile storage container.

(14) Fees: Where you have failed to pay all fees due to us in accordance with these terms and conditions.

(15) Gratis works: Any movement that is completed without any charge to its parties is excluded from this Guarantee.

(16) Moves by a Single Removalist: Any move with only a single-member staff is excluded from this Guarantee.

(17) Glass, Stone Items: Items of glass/mirrors not packed or wrapped properly. It includes picture glass, tabletops, and glass cabinets. Stone, including marble, granite, composite, or like items. We take extra care and precaution while moving these items if they can be moved safely, but because of their extremely fragile nature, we provide no coverage for these items under our insurance.

(18) Unpacked Goods: We exclude our liability where goods are lost or damaged that were unpacked.

(19) Perishable Goods: We are not liable in cases where goods are perishable in nature.

(20) Atmospheric Conditions: We are not liable where goods are damaged because of atmospheric conditions, e.g.

(21) Negligence: We will only be held liable for loss or damage occasioned negligently by us and which can be established by proof (without reasonable doubt). In as much as the movers cause loss or damage to premises/property, other than goods, by any negligent act or breach of contract, we shall be liable only to the extent of the damage caused.

(22) shall not be liable for goods damaged or lost/damages caused in drawers, bundles, cartons, or other containers, etc.

(23) We shall not be liable where there existed any pre-existing defects in the goods prior thereto.

13. TIME- WINDOW (Calculation of Time)

(1) Estimate of time: The hour given to the customer for arrival is not a fixed hour but rather an arrival at approximate time.

(2) Time begins to run: Time is measured according to the clock, starting at pick-up time and stops when unloading finishes at the drop-off address/site.

(3) Flat rate condition to apply, then 13 (2) does not apply.

14. RIGHTS RESERVED

(1) We shall always have the right to suspend work or to vacate a property due to any crisis endangering the health and safety of our staff, contractors, or subcontractors.

(2) We reserve the right to refuse to transport any item where the weight of that item exceeds our safe limits of lifting (32 kg for one man, 60 kg for two men).

15. RESPONSIBILITY OF THE CUSTOMER

(1) It is the duty of the customer to inform us about the correct address and telephone number and to inform us about any change to that address and telephone number. We advise exclusion of all liability whenever communication with the customer is disrupted, as reasonably expected if, during the move, the customer is off the network or out of network. The above clause 17(1) is not exhaustive in nature.

(2) The customer shall take all reasonable steps to ensure that nothing left is and taken away by mistake will be at the company's dilution R/W Section 4(8).

16. PAYMENT

Cash payments and bank transfers are accepted. In case of a bank transfer, it is the only legitimate bank receipt providing proof of receipt of payment that will be accepted; a phone screenshot or phone picture will not be accepted.

17. EXTRA ITEMS

If they ended up being included in the Inventory List or if it was not told to us before the move, accessorial charges will be rendered for extra stuff. Further, we reserve the right to refuse to move such items, unless prior to the move, were informed or these extra services were paid for.

18. PACKING AND UNPACKING SERVICES

(1) All packaging materials are chargeable to the client.

(2) Our removalists do not collect used butcher paper or rubbish; disposal of the same shall be at the expense of the customer.

(3) No guarantee is offered as to how much packing/unpacking is performed in any allotted time.

(4) Our removalists cannot accept responsibility for any damage or loss of items in connection with their packing or unpacking services. Should you have any jewellery or other valuables that concern you, we suggest you pack and store those yourself, and do not have our packers handle or pack them for you.

(5) You have to carry out a final inspection of your property prior to the packers/unpackers leaving to ensure that everything you want has been done. Our removalists are not liable for anything left unpacked, incorrectly packed or not agreed upon. If you fail to do this inspection, the provisions of section 4(4) shall apply in case of notification.

(6) Our removalists have an absolute right not to pack or unpack in any premises that are not considered to be at a reasonable level of hygiene. We may decline to undertake work if your property and/or goods are considered not clean.

19. PARKING

We will park anywhere safe you ask us to, EXCEPT in a Clearway. If the parking is not legal, you can ask us to find a legal spot further away. Any parking fees we pay or infringements we may receive in the course of the job will be added to the cost of the job. Our vehicles are all eligible to use Loading Zones; however, time limits always apply.

20. VARIATION

We shall retain the right to vary these terms and conditions at any time, provided that we give you written notice prior to the Move.

21. COSTS

You shall bear any such additional cost(s) in case of breach of these terms and conditions by you.

22. SEVERANCE

If any provision of these terms and conditions is prohibited by law or unenforceable, that provision must be severed and read down to the extent necessary to render these terms and conditions enforceable unless the reading down materially changes the intended effect of these terms and conditions.

23. APPLICABLE LAW

These terms and conditions are governed by the law in force in Australia. You hereby agree to submit to the non-exclusive jurisdiction of the courts of Australia.