HIRE A MOVER PTY LTD
(ABN 82 163 150 749)
Trading as “Hire A Mover” and “Hire A Packer”
MASTER TERMS AND CONDITIONS
(Removals, Packing, Unpacking and Storage Services)
- APPLICATION OF TERMS
1.1 These Terms & Conditions apply to all Services provided by Hire A Mover Pty Ltd (“Company”).
1.2 By confirming a booking, paying a deposit, issuing a purchase order, signing any document, or allowing Services to commence, the Customer agrees to be bound by these Terms.
1.3 These Terms apply to Services performed in New South Wales, Victoria, Queensland, South Australia and Western Australia.
1.4 Where the Company is engaged by a builder, insurer, restoration company or other commercial entity (“Commercial Client”), the Company’s contract is solely with that Commercial Client. The homeowner or occupant is not a contracting party unless separately agreed in writing.
1.5 These Terms prevail over any inconsistent terms proposed by the Customer or Commercial Client unless expressly agreed in writing by the Company.
- DEFINITIONS
2.1 Customer means any person or entity booking or receiving Services.
2.2 Commercial Client means any builder, insurer, restoration company or business engaging the Company.
2.3 Storer means a Customer whose Goods are placed into storage.
2.4 Goods means all property handled, transported, packed, unpacked or stored by the Company.
2.5 Services means removals, transport, packing, unpacking and storage services.
2.6 Storage Facility means any premises used to store Goods, including third-party facilities.
2.7 FO means Facility Owner.
2.8 Dangerous Goods means hazardous, explosive, flammable, toxic, corrosive, environmentally harmful, illegal, stolen or perishable items or any item classified under the Australian Dangerous Goods Code.
PART A – REMOVALS SERVICES
- QUOTATIONS
3.1 All quotations are estimates unless expressly stated to be fixed.
3.2 Quotations are based on information provided by the Customer.
3.3 If actual volume, access or site conditions differ from those disclosed, additional charges apply.
3.4 The Company may revise pricing where:
- Access differs from that disclosed;
- Volume exceeds estimate;
- Additional items are added;
- Waiting time occurs due to Customer delay;
- Site conditions materially differ from those represented.
- CHARGES & TIME CALCULATION
4.1 Hourly rates apply unless otherwise agreed in writing.
4.2 Minimum charges apply as stated in the Booking Confirmation.
4.3 The hourly rate begins when the removal team arrives at the pick-up address.
4.4 Chargeable time includes:
- Loading;
- Travel between locations;
- Unloading;
- Placement;
- Agreed disassembly/reassembly.
4.5 Time ends when unloading at the final destination is complete.
4.6 Time is charged in 15-minute increments after the minimum period.
4.7 Call-out fees are non-refundable.
4.8 All prices quoted by the Company are inclusive of Goods and Services Tax (GST) unless otherwise expressly stated. GST is charged in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- PAYMENT
5.1 A deposit of $100 is required to secure a Removals booking. Packing and Unpacking Services require full payment of the booked fee prior to commencement of Services.
5.2 The balance of any Removals invoice is payable immediately upon completion of Services unless otherwise agreed in writing.
5.3 The Company may require payment before unloading.
5.4 The Customer authorises the Company to charge any nominated credit card for all amounts payable.
5.5 The Company may suspend or refuse Services if payment is not made when due.
5.6 Where any invoice for Removals Services remains unpaid after the due date, the Company reserves the right to refer the outstanding amount to a third-party debt collection agency. All additional costs incurred by the Company in recovering the debt, including debt collection fees and commissions, will be added to and form part of the total amount owed by the Customer. The Company does not charge interest on overdue Removals invoices.
- ACCESS & PARKING
6.1 The Customer must disclose:
- Stairs;
- Lift requirements and bookings;
- Loading dock requirements;
- Parking restrictions;
- Height restrictions;
- Long carries;
- Restricted access areas.
6.2 The Customer must arrange necessary permits and approvals.
6.3 Waiting time due to access issues is chargeable.
6.4 The Company may refuse unsafe or unlawful access.
6.5 Where parking restrictions apply at the pick-up or delivery address, the Customer must arrange appropriate permits, loading zone approvals or reserved parking prior to the Service date.
6.6 Where the Customer requests the Company’s vehicle to park in a restricted, clearway, no-stopping, no-parking or permit-only area, the Customer accepts full responsibility for any parking fines, infringements or penalties issued as a result. The Customer must reimburse the Company for any such fines within 7 days of invoice.
6.7 Where no suitable legal parking is available near the premises, the Company will park in the nearest safe legal location. Any additional carrying time resulting from the increased distance will be charged at the standard hourly rate.
6.8 The Company’s Parking & Access Conditions Acknowledgement and Waiver sets out the parking options available to the Customer and may be presented for signature on the day of the move. The Customer’s agreement to these Terms constitutes acceptance of the parking liability provisions in clauses 6.5 to 6.7 whether or not a separate waiver is signed on the day.
6A. GOODS READINESS
6A.1 The Customer is responsible for ensuring all items to be moved are packed, boxed, dismantled and ready for loading at the agreed commencement time.
6A.2 Where the Company arrives and items are not ready for loading, the Company may at its discretion:
- Assist the Customer with packing or preparation, with all additional time charged at the applicable hourly rate; or
- Where it is not practicable for the team to commence meaningful work, cease the Service and depart the premises.
6A.3 Where the Company departs due to goods not being ready, a minimum charge of two (2) hours at the applicable hourly rate plus any applicable call-out fee is payable by the Customer.
6A.4 The Company is not liable for any delay, incomplete move or damage arising from the Customer’s failure to have goods ready at the agreed commencement time.
- SITE CONDITION & SAFETY
7.1 Premises must be safe and hygienic.
7.2 The Company may refuse to move or pack Goods if premises are excessively dirty, contaminated, mould-affected, vermin-infested or unsafe.
7.3 Minimum charges remain payable where Services cannot proceed due to site condition.
7A. STAFF SAFETY & RIGHT TO VACATE
7A.1 The safety and wellbeing of the Company’s staff is paramount.
7A.2 If at any time a team member reasonably considers that the premises, any person present, or any circumstance poses a risk to their personal safety or the safety of the team, the Company reserves the right to cease Services immediately and vacate the premises.
7A.3 If at any time a team member considers the premises to be unhygienic, contaminated, mould-affected, vermin-infested or otherwise unfit for occupation, the Company reserves the right to cease Services immediately and vacate the premises.
7A.4 Where Services are ceased under clauses 7A.2 or 7A.3:
- All time spent on site is chargeable at the applicable rate;
- Any deposit or minimum charge paid is non-refundable;
- The Company bears no liability for incomplete Services, items not moved, or Goods left at the premises.
7A.5 The Company will make reasonable efforts to notify the Customer before or upon vacating, but is under no obligation to remain on site while doing so.
7B. CUSTOMER PRESENCE & FINAL WALK-THROUGH
7B.1 The Customer, or an authorised representative of the Customer aged 18 or over, must be present at all times during the provision of Removals Services.
7B.2 Before the Company’s team departs the premises, the Customer or their authorised representative must conduct a final walk-through of all rooms, storage areas and outdoor spaces to confirm that all items to be moved have been attended to.
7B.3 Departure of the Company’s team following the final walk-through constitutes confirmation that Services have been completed to the Customer’s satisfaction.
7B.4 Where the Customer or an authorised representative is not present at the time of departure:
- The Company accepts no liability for any items left behind or not moved;
- The Customer waives any claim arising from incomplete Services attributable to the absence of an authorised representative.
7B.5 If no authorised representative is present at the commencement of Services, the Company may treat the booking as a same-day cancellation and minimum charges will apply.
- DANGEROUS GOODS
8.1 The Company does not transport Dangerous Goods.
8.2 The Customer warrants that no Dangerous Goods are included.
8.3 The Customer indemnifies the Company against all loss, damage, penalties or claims arising from Dangerous Goods.
8A. ANIMALS & PLANTS
8A.1 The Company does not transport live animals of any kind.
8A.2 The Company will not transport large plants, trees or significant outdoor plantings. Small potted plants in stable, sealed containers may be transported at the Customer’s risk and at the absolute discretion of the Company’s team on the day.
8A.3 The Company accepts no liability for damage to or deterioration of plants or plant material arising from movement, vibration, temperature change or handling during transit.
- FRAGILE & HIGH-RISK ITEMS
9.1 Chipboard, flat-pack furniture, marble, stone, glass and fragile items are handled at Customer risk where damage arises from inherent fragility, structural weakness or pre-existing defects.
9.2 The Company remains liable where damage is caused by proven negligence.
9.3 High-value items must be declared in writing prior to Service. High-value items include jewellery, watches, artwork, antiques, collectibles, designer goods and items of unusual or significant value.
9.4 The Company’s High-Risk Furniture & Delicate Items Acknowledgement and Waiver may be presented to the Customer on the day of the move in respect of items that are structurally unsuitable for moving. The Customer’s agreement to these Terms constitutes acceptance of the liability limitations set out in clause 9.1 whether or not a separate waiver is signed on the day.
9A. CASH, DOCUMENTS & IRREPLACEABLE ITEMS
9A.1 The Company strongly advises Customers to personally transport the following items and not to include them with Goods to be moved by the Company:
- Cash, currency and negotiable instruments;
- Jewellery, watches, precious stones and metals;
- Legal documents, deeds, wills, passports, identification documents and financial records;
- Prescription medication;
- Irreplaceable personal items, photographs, heirlooms and sentimental items;
- Any item for which a monetary value cannot reasonably be ascribed.
9A.2 If the Customer wishes to include any such item in the move, the Customer must identify and declare the item to the team leader in writing prior to the commencement of Services.
9A.3 The Company is not liable for any loss of, damage to or misplacement of items described in clause 9A.1 where the Customer has not made a prior written declaration.
9A.4 Liability for declared items of this nature remains subject to clause 20 of these Terms.
- APPLIANCES
10.1 The Company is not a licensed plumber or electrician.
10.2 Appliances should be disconnected prior to arrival.
10.3 Assistance with connection or disconnection is at the Customer’s risk unless damage is caused by proven negligence.
10.4 The Company’s Appliance Plumbing Risk Acknowledgement & Waiver may be presented to the Customer on the day of the move in respect of any appliance connected to a water or plumbing line. The Customer’s agreement to these Terms constitutes acceptance of the liability limitations set out in clauses 10.1 to 10.3 whether or not a separate waiver is signed on the day.
10B. SUBCONTRACTING
10B.1 The Company reserves the right to subcontract all or part of the Removals Services to a third-party operator, owner-operator or subcontracted labour provider at its absolute discretion.
10B.2 Where Services are subcontracted, the Company remains responsible to the Customer for the performance of those Services in accordance with these Terms.
10B.3 The Customer consents to the Company engaging subcontractors and agrees that subcontracting does not diminish or otherwise affect the Customer’s rights under these Terms or applicable law.
10C. PHOTOGRAPHY & CONDITION RECORDS
10C.1 The Company reserves the right to photograph and/or record the condition of Goods, vehicles, premises and access areas before, during and after the provision of Services.
10C.2 Photographs and recordings may be used for condition assessment, dispute resolution, insurance claims and training purposes.
10C.3 The Company will handle any photographs or recordings containing personal information in accordance with its Privacy Policy and clause 29 of these Terms.
10D. OVERNIGHT TRANSIT & GOODS LEFT ON VEHICLE
10D.1 The Company does not provide interstate removal services.
10D.2 In circumstances where Goods cannot be delivered on the day of the move and must remain on the Company’s vehicle or in temporary storage overnight, the Customer will be notified as soon as practicable.
10D.3 The Company’s goods in transit insurance may not cover Goods held on a vehicle overnight or in circumstances outside the normal course of a single-day move.
10D.4 The Customer is strongly advised to obtain their own insurance for any Goods that are to remain on a vehicle or in temporary storage overnight. The Company accepts no liability for loss, damage, theft or deterioration of Goods during any overnight period unless directly caused by proven negligence.
PART B – PACKING & UNPACKING (HIRE A PACKER)
- PACKING SERVICES
11.1 Packing is charged at agreed hourly or fixed rates.
11.2 Packing bookings reserve staff for the booked time.
11.3 Minimum booked hours are payable even if packing is completed early or staff are instructed to leave early.
11.4 Additional time is charged at the applicable rate.
11.5 Where Goods are packed by the Customer or third parties, the Company is not liable for damage to contents of cartons arising from inadequate packing or concealed internal damage.
11.6 Where the Company performs packing services, liability for negligent packing remains subject to Part D.
11A. STAFF SAFETY & RIGHT TO VACATE
11A.1 The safety and wellbeing of the Company’s staff is paramount.
11A.2 If at any time a team member reasonably considers that the premises, any person present, or any circumstance poses a risk to their personal safety or the safety of the team, the Company reserves the right to cease Packing or Unpacking Services immediately and vacate the premises.
11A.3 If at any time a team member considers the premises to be unhygienic, contaminated, mould-affected, vermin-infested or otherwise unfit for occupation, the Company reserves the right to cease Services immediately and vacate the premises.
11A.4 Where Services are ceased under clauses 11A.2 or 11A.3:
- The full booked fee for the entire scheduled booking is payable regardless of how much time was spent on site;
- The Company bears no liability for items not packed, not unpacked or left unattended at the premises.
11A.5 The Company will make reasonable efforts to notify the Customer before or upon vacating, but is under no obligation to remain on site while doing so.
11B. CUSTOMER PRESENCE & FINAL WALK-THROUGH
11B.1 The Customer, or an authorised representative of the Customer aged 18 or over, must be present at all times during the provision of Packing and Unpacking Services.
11B.2 Before the Company’s team departs the premises, the Customer or their authorised representative must conduct a final walk-through of all rooms, storage areas and outdoor spaces to confirm that all items to be packed or unpacked have been attended to.
11B.3 Departure of the Company’s team following the final walk-through constitutes confirmation that Packing or Unpacking Services have been completed to the Customer’s satisfaction.
11B.4 Where the Customer or an authorised representative is not present at the time of departure:
- The Company accepts no liability for any items not packed, not unpacked or left behind;
- The Customer waives any claim arising from incomplete Services attributable to the absence of an authorised representative.
11B.5 If no authorised representative is present at the commencement of Services, the Company may treat the booking as a same-day cancellation and the full booked fee will be payable.
PART C – STORAGE SERVICES
- STORAGE ARRANGEMENT
12.1 The Company and/or the FO will provide storage in accordance with these Terms.
12.2 The Company may subcontract or use third-party Storage Facilities.
12.3 The Storer warrants that they are the lawful owner of the Goods or legally entitled to store them.
12.4 The Company acts as bailee of the Goods with obligations limited to these Terms and applicable law.
- STORAGE CHARGES
13.1 Storage fees are based on cubic metres or storage modules as quoted.
13.2 Storage charges commence on the day Goods arrive at the Storage Facility.
13.3 Storage is payable monthly in advance.
13.4 Storage renews automatically monthly.
13.5 There is no pro-rata refund if Goods are removed during a prepaid month.
13.6 A Late Payment Fee of $55 applies if payment is not received within 48 hours of the due date.
- ACCESS TO STORAGE
14.1 48 hours written notice is required to access stored Goods.
14.2 Access is by appointment only.
14.3 Access hours:
- Monday to Friday: 8:00am – 5:00pm
- Saturday: 8:00am – 1:00pm
- Sunday: Closed
14.4 Access may be refused if any monies are outstanding.
- LIEN & REFUSAL TO RELEASE
15.1 The Company has a contractual and possessory lien over Goods for unpaid amounts.
15.2 The Company may refuse to release Goods until all outstanding amounts are paid in full.
- DEFAULT
16.1 If any amount remains unpaid for 42 days after the due date, the Customer is in default.
16.2 The Company will issue at least 14 days’ written notice of default.
16.3 If default is not remedied, the Company may:
- Enter the storage space;
- Remove Goods;
- Sell Goods by auction or private sale;
- Dispose of Goods;
- Apply proceeds to outstanding amounts;
- Recover enforcement and legal costs.
16.4 Surplus funds will be held for six months and thereafter paid to the Public Trustee if unclaimed.
16.5 Any shortfall remains payable by the Customer.
- PPSA SECURITY INTEREST
17.1 The Customer grants the Company a security interest in stored Goods.
17.2 The Company may register its interest under the Personal Property Securities Act 2009 (Cth).
17.3 The Customer waives PPSA notice rights to the extent permitted by law.
- MOULD & ENVIRONMENTAL CONDITIONS
18.1 The Customer acknowledges that mould, mildew, condensation, rust and corrosion may occur due to humidity or temperature changes.
18.2 The Company does not guarantee climate-controlled storage unless agreed in writing.
18.3 The Company is not liable for mould or moisture damage unless directly caused by proven negligence.
18.4 Goods must be clean and dry prior to storage.
- INSURANCE
19.1 The Company maintains public liability and goods in transit insurance.
19.2 The Company is not the insurer of the Goods.
19.3 The Company maintains limited insurance cover while Goods are in its care, subject to policy limits, exclusions and conditions.
19.4 Insurance is generally based on market value, not replacement value.
19.5 The Company’s insurance is not comprehensive contents insurance.
19.6 Customers and Storers are strongly advised to arrange their own insurance, particularly for storage and high-value items.
PART D – LIABILITY
- LIMITATION OF LIABILITY
20.1 Nothing excludes non-excludable rights under the Australian Consumer Law.
20.2 To the extent permitted by law, liability is limited to the lesser of:
- Market value at time of loss; or
- Applicable insurance limit available to the Company.
20.3 Liability per item is capped at $1,000 unless declared in writing before Service.
20.4 The Company is not liable for consequential loss, loss of profits, sentimental value or delay beyond reasonable control.
- CLAIMS
21.1 Claims must be made in writing within 48 hours of completion of removals or removal from storage.
21.2 Proof of ownership and value is required.
PART E – CANCELLATION
- REMOVALS
22.1 More than 24 hours’ notice: deposit refunded.
22.2 Within 24 hours: deposit forfeited.
22.3 On the day: minimum charge payable.
- PACKING
23.1 More than 24 hours’ notice: deposit refunded.
23.2 Within 24 hours: full booked fee payable.
PART F – GENERAL
- FORCE MAJEURE
24.1 The Company is not liable for delays caused by events beyond reasonable control.
- LEGAL COSTS & INDEMNITY
25.1 The Customer indemnifies the Company for recovery and legal costs on an indemnity basis.
- GOVERNING LAW
26.1 This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing excludes rights under the Australian Consumer Law or other applicable legislation.
- SURVIVAL
27.1 Payment obligations, lien rights, indemnities and enforcement rights survive termination.
- SEVERANCE
28.1 If any provision is unenforceable, it will be severed without affecting the remainder.
- PRIVACY
29.1 The Company collects personal information from Customers for the purpose of providing Services, processing payments and communicating about bookings.
29.2 The Company does not share Customer personal information with third parties outside the Company except where required by law, where necessary to perform the Services (including subcontractors engaged under clause 10B), or where required for lawful debt recovery purposes.
29.3 Customer financial information, including credit card details, is processed and stored through eWay, a PCI-DSS compliant payment gateway. The Company does not store credit card information within its own systems.
29.4 The Company handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
29.5 Customers may request access to, or correction of, their personal information by contacting the Company in writing.
- DISPUTE RESOLUTION
30.1 The parties agree to attempt to resolve any dispute, complaint or claim arising under or in connection with these Terms in good faith before commencing legal proceedings.
30.2 A Customer wishing to raise a dispute must first notify the Company in writing, setting out the nature of the dispute and the outcome sought.
30.3 The Company will respond in writing within ten (10) business days of receipt of a written dispute notice.
30.4 If the dispute is not resolved within twenty-one (21) days of the Company’s response, either party may refer the matter to a recognised mediation service, including any applicable government-appointed consumer dispute resolution body in the relevant state or territory.
30.5 If mediation fails to resolve the dispute, either party may commence proceedings in accordance with clause 26 (Governing Law).
30.6 Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.