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)
1. 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.
2. DEFINITIONS
Customer means any person or entity booking or receiving Services.
Commercial Client means any builder, insurer, restoration company or business engaging the Company.
Storer means a Customer whose Goods are placed into storage.
Goods means all property handled, transported, packed, unpacked or stored by the Company.
Services means removals, transport, packing, unpacking and storage services.
Storage Facility means any premises used to store Goods, including third-party facilities.
FO means Facility Owner.
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
3. 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:
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Access differs from that disclosed;
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Volume exceeds estimate;
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Additional items are added;
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Waiting time occurs due to Customer delay;
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Site conditions materially differ from those represented.
4. 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:
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Loading;
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Travel between locations;
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Unloading;
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Placement;
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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.
5. PAYMENT
5.1 A deposit may be required to secure a booking.
5.2 The balance 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.
6. ACCESS & PARKING
6.1 The Customer must disclose:
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Stairs;
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Lift requirements and bookings;
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Loading dock requirements;
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Parking restrictions;
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Height restrictions;
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Long carries;
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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.
7. 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.
8. 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.
9. 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.
10. 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.
PART B – PACKING & UNPACKING (HIRE A PACKER)
11. 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.
PART C – STORAGE SERVICES
12. 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.
13. 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.
14. 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:
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Monday to Friday: 8:00am – 5:00pm
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Saturday: 8:00am – 1:00pm
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Sunday: Closed
14.4 Access may be refused if any monies are outstanding.
15. 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.
16. 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:
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Enter the storage space;
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Remove Goods;
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Sell Goods by auction or private sale;
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Dispose of Goods;
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Apply proceeds to outstanding amounts;
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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.
17. 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.
18. 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.
19. 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
20. 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:
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Market value at time of loss; or
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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.
21. 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
22. REMOVALS
More than 24 hours’ notice: deposit refunded.
Within 24 hours: deposit forfeited.
On the day: minimum charge payable.
23. PACKING
More than 24 hours’ notice: deposit refunded.
Within 24 hours: full booked fee payable.
PART F – GENERAL
24. FORCE MAJEURE
The Company is not liable for delays caused by events beyond reasonable control.
25. LEGAL COSTS & INDEMNITY
The Customer indemnifies the Company for recovery and legal costs on an indemnity basis.
26. GOVERNING LAW
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.
27. SURVIVAL
Payment obligations, lien rights, indemnities and enforcement rights survive termination.
28. SEVERANCE
If any provision is unenforceable, it will be severed without affecting the remainder.