Terms & Conditions
Definitions In these Conditions
“Agreement” means these Terms and Conditions;
“We” means MOVING SOLUTIONS AUSTRALIA PTY LTD, ABN: 14 641 956 078 and “Us” and “Our” have corresponding meanings; “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 given, and ““Your” has a corresponding meaning;
“Services” means the whole of the work to be undertaken by Us in connection with the Goods including removal and (if applicable) storage, packing, unpacking and mobile storage, sale and rental of packing materials, rental of storage space, bond cleaning and any other service provided by the Moving Solutions Australia Group.
“Ancillary Services” means services which are ancillary to the Services, but which We do not offer or provide, including transportation by sea, rail or air, and transportation of vehicles, trailers, caravans, boats and animals;
“Goods” means all furniture and other effects which are to be the subject of the Services;
“Third Party Provider” means any person who We have arranged to carry out any Ancillary Services; Words in the singular include the plural, and words in one or more genders include all genders.
“Subcontractor” means any person other than one of Our employees who, under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services;
1. Terms and conditions of carriage
The terms and conditions upon which We carry, or store Goods are confined to the terms and conditions in this document and except where You have rights under the Australian Consumer Law, our liability to You including in relation to loss or damage to the Goods is limited to the express terms and conditions contained in this document. We reserve the right to refuse to quote for the carriage or storage of any goods for any particular person and for carriage or storage of any goods or classes of goods at Our discretion. If We agree to quote for carriage or storage of goods, We or our Nominated Agent/Subcontractor/ Third Party Provider reserve the right to decide the method and route for carriage of any goods, the conditions on which capacity and volumes will be utilised and the location for storage of any goods at Our or our Nominated Agent/Subcontractor/ Third Party Provider discretion.
2. Your Obligations and Warranties
2.1 Information supplied by You. You warrant that any information which 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.
2.2 Owner or Authorised Agent. You warrant that, in entering into this agreement, you are either the owner of the Goods, or the authorised agent of the owner.
2.3 Packaging of the Goods. Except where We or our Nominated Agent/Subcontractor/ Third Party Provider have packed the Goods, you warrant that You have complied with all laws and regulations relating to the packaging, labelling or carriage of the Goods, and that the Goods are packed in a manner adequate, having regard to their nature, to withstand the ordinary risks of removal, carriage and storage.
2.4 Presence at Loading/Unloading. You will ensure that You or some person on your behalf is present when the Goods are loaded or unloaded, except if they are being unloaded into or loaded from storage.
2.5 Dangerous Goods. You warrant that the Goods do not include any firearms or plants 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 or to cause infection 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 or our Nominated Agent/Subcontractor/ Third Party Provider may refuse to remove or store such items. If We or our Nominated Agent/Subcontractor/ Third Party Provider discover any article or substance of this nature after the Goods have been received by Us or our or our Nominated Agent/Subcontractor/ Third Party Provider, we may take any reasonable action, including destruction or disposal, as We or our Nominated Agent/Subcontractor/ Third Party Provider may think fit without incurring any liability to You.
2.6 Fragile Goods and Valuable Items. You will, prior to the commencement of the removal or storage, given 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 stones, other precious objects, works of art, money, collections of items, deeds, securities or precision equipment in any case having a value in excess of $2,000. We may either refuse to carry any such goods or require them to be carried, at Your cost, by a higher security mode of transport if We or our Nominated Agent/Subcontractor/ Third Party Provider consider it is inappropriate for them to be the subject of a general personal effect’s shipment.
2.7 Goods Left Behind or Moved in Error. You will 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 or our Nominated Agent/Subcontractor/ Third Party Provider and that none is taken in error.
3. Method of Carriage, Subcontractors and Ancillary Services
3.1 Mode of Carriage. We or our Nominated Agent/Subcontractor/ Third Party Provider shall be entitled to carry, or arrange for the carriage of, the Goods by any reasonable route (having regard to all the circumstances including the nature and destination of any other goods being carried on or in the conveying vehicle or container) and by any reasonable means, including, where We or our Nominated Agent/Subcontractor/ Third Party Provider consider it necessary or desirable, by sea, rail or air, and for that purpose, as Your agent, to arrange for a Third Party Provider effect such carriage by sea, rail or air.
3.2 Ancillary Services. Where We engage any Third-Party Providers/Subcontractors, we do so on Your behalf, and as Your agent, and subject to the terms and conditions of that party. We accept no liability, including liability for any loss or damage, arising out of the provision of Ancillary Services. However, if We arrange for a Third Party Provider to undertake carriage of the Goods by sea, rail or air, and the Goods suffer loss or damage at some time when they are either in Our possession or the possession of the Third Party Provider, and if We cannot establish, on the balance of probabilities, that the Goods were in the possession of the Third Party Provider when that loss or damage occurred, the Goods will be deemed to have been in Our possession at that time.
3.3 Sea and Air Carriers. You should note that the liability of air and sea carriers for loss of, damage to and delay in the delivery of goods is limited by international treaties, rules and regulations, and that if a sea carrier in an emergency, and to save such of the ship's cargo as it can, fails to deliver the Goods, or diverts them to a place other than the intended destination, You have limited rights against that carrier, and You may be liable for general average contribution (a contribution to the costs incurred by the carrier to preserve the vessel and its cargo) and salvage charges, and/or the additional cost of onward carriage to the intended destination. These are insurable risks, and You should arrange adequate marine transit insurance cover, which may be arranged through Us - see sub-clause 11.1.
3.4 Overseas Removal by Road. Unless otherwise instructed by You in writing, we will arrange for one or more Nominated Agents/Subcontractor/ Third Party Provider to undertake the overseas removal to the extent that that removal is by road. If You instruct Us to arrange for any part of the overseas removal of the Goods by road to be undertaken by a removal contractor nominated by You, we will do so as Your agent, and subject to the terms and conditions of that contractor.
3.5 Subcontractors. We may use a Subcontractor or Subcontractors to undertake the whole or any part of the Services, but if We do so, we will continue to be responsible to You for the performance of the Services.
3.6 Liability of Subcontractors and Employees. Any provisions in these conditions which limit Our liability also apply to Our Subcontractors and to Our employees and to the employees of Our Subcontractors. For the purposes of this subclause, we are, or are deemed to be, acting as agent or trustee on behalf of each of the persons referred to, and each of them shall to that extent be deemed to be parties to this agreement.
4. Delivery and Delays
4.1 Conditions of Delivery. We shall 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 or if We are prevented from or delayed in undertaking the Services or any part thereof (except where that prevention or delay results from a factor within 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.
4.2 Storage and Handling for Non-delivery. If We cannot deliver the Goods or there are delays in delivery, we will endeavour to contact You to ascertain whether You have any alternative instructions, and if so We will carry out those instructions if reasonably practicable. We will be entitled to make a reasonable additional charge for any additional work or costs thereby required or entailed. The rate for additional storage and handling charges for transport or storage will be a reasonably practicable charge determined at the time.
5. Storage Conditions
5.1 Inventory. We will prepare an inventory of Goods received for storage and will ask You to sign that inventory. You will be provided with a copy of the inventory. If You sign the inventory, or do not do so and fail to object to its accuracy within 7 days of receiving it from Us, the inventory will be conclusive evidence of the Goods received by Us. The inventory will disclose only visible items and not any contents unless You ask for the contents to be listed, in which case We will be entitled to make a reasonable additional charge.
5.2 Contact Address. You agree to advise Us of an address to which We can forward any notice or correspondence, and to promptly notify Us of any change of address.
5.3 Price Changes. Our storage charges will be as quoted to You for the first 26 weeks of storage. After 26 weeks, we may change the storage charges from time to time based on industry rate increases.
5.4 Warehouse Change. We are authorised to remove the Goods from one warehouse to another without cost to You. We will notify You of the removal and advise the address of the warehouse to which the Goods are being removed not less than 5 days before removal (except in emergency, when such notice will be given as soon as possible).
5.5 Inspection of Goods in Store. You are entitled, upon giving Us 10 working day’s notice, to inspect the Goods in store, but a reasonable charge for storage handling and additional visiting fee may be made by Us for this service.
5.6 Removal from Storage. Subject to payment for the balance of any fixed or minimum period of storage agreed, you may require the Goods to be removed from store at any time on giving Us not less than 10 working days’ notice. If You give Us less notice, we will still use Our best endeavours to meet your requirement but shall be entitled to make a reasonable additional charge for the short notice.
5.7 Compulsory Removal and Disposal. You agree to remove the Goods from storage within 28 days of a written notice of requirement from Us to do so. In default, we may, after 14 days’ notice to You, SELL ALL OR ANY OF THE GOODS by public auction or on eBay or a similar online auction sale facility or, if that is not reasonably practicable, by private treaty and apply the net proceeds in or towards satisfaction of any amount owing by You to Us.
5.8 Sale of Goods. For the purposes of preparing for the sale of the Goods under clauses 6.7 or 7.5 or otherwise as permitted by law, we are authorised by You to open any boxes in storage to inspect and identify the contents and We may at Our discretion decide which contents will be offered for sale to the general public. At Our discretion, any items we do not offer for sale may be stored by Us for such period as We consider appropriate and We may invite You to collect those items from Us once We have been paid all moneys due by You to Us for Services provided under this or any other agreement. If We fail to sell the Goods at public auction or eBay, we may at Our option pay $1 for the Goods and at Our discretion dispose of the Goods.
6. Bond Cleaning
6.1 Right of Entry While carrying out the task one resident must be present on the site. Considering the safety concerns, you may hand over the keys to property’s real estate agent.
6.2. Cleaning Requirements Moving the items and furniture while cleaning up the property is not included in our services. So, an additional cost will be applied for it. Use of eco-friendly chemicals and tools is also not part of our service. Thus, extra charges are applicable for it.
6.3 Alterations in Rates Following are the cases when alteration in charges may take place:
7.3.1 Cluttered property that may extend the stipulated time frame.
7.3.2 Property which have children or pets.
7.3.3 Estates in extreme shattered conditions.
7.3.4 Extra-large properties with extra bedrooms and bathrooms.
7.3.5 Time taken on property assessment.
7.3.6 For moving heavy furniture or household.
6.4 Parking Costs Parking cost, if any, will be incurred by the client.
6.5 Equipment and Chemicals Considering the safety measures and convenience, Qualified Sub Contractors used by Moving Solutions Australia uses their own cleaning tools and cleaning solutions. In case there is a need to use clients cleaning tools, they have full right to do so.
7. Charges and Payments
7.1 Variation of Work Required. If the work You ultimately require Us to do varies significantly from the work for which a quotation or estimate has been given or You ask us to suspend or cease the provision of the Services, we will treat any alternative instructions You give us for the provision of Services as new instructions and provide you with a further Quotation advising you of the charges for that new work.
7.2 Alteration of Dates. If a date for the performance by Us of any Services is agreed upon in the quotation and acceptance or subsequently, and You require that date to be altered or the Goods are not available on that date, we will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.
7.3 Payment to Third Parties, Taxes and Duties etc. We will be entitled to reimbursement from You of any amount which we have been required to pay to a third party (other than to a Subcontractor) to obtain or effect delivery of the Goods. In addition, We will be entitled to reimbursement of any customs duties, sales tax, GST, and other similar Government costs and charges; for costs and charges associated with inspection, examination, seizure or destruction undertaken, required or authorised by any Government or other authority; and for unforeseen additional costs and charges for fumigation and steam cleaning, bonding, container demurrage and external storage.
7.4 Payment by Third Party. If You arrange with Us or instruct Us that Our charges are to be paid by a third party, and if that party does not pay the charges within 14 days of the date set for payment or, if no date is set for payment, within 14 days of the date of invoice, You agree to thereupon pay the charges.
7.5 Default Charges. If amounts are outstanding from You to Us for more than 30 days, We will be entitled to charge interest at the Commonwealth Bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time, calculated on monthly rests.
7.6 Contractual Liens. All Goods received by Us will be subject to a general lien for any moneys due by You to Us relating to any Services provided under this or any other agreement. Without prejudice to any other rights which We may have under this contract or otherwise at law, if any amounts have been outstanding for a period of 26 weeks, We may give 28 days’ written notice to You of intention to sell, and if the outstanding amount is not paid within that period, We may SELL ALL OR ANY OF THE GOODS by public auction or on eBay or a similar online auction sale facility or, if that is not reasonably practicable, by private treaty and apply the net proceeds in or towards satisfaction of the amount due.
8. Loss or Damage – Private Removals and Storage
8.1 Australian Consumer Law. Except where the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the Services to be undertaken by Us or our Nominated Agent/Subcontractor/ Third Party Provider (that is, the Services other than any Ancillary Services) will be rendered with due care and skill, and the following conditions of this clause 9 will apply.
8.2 Negligence. The Nominated Agent/Subcontractor/ Third Party Provider will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by their negligence (including the negligence of any Subcontractor). We will not be liable for loss or damage to the Goods caused or contributed to by You or someone else that We are not responsible for at law.
8.3 Exclusions. We will not be liable for any loss or damage nor any delay which results from any cause beyond Our control, including any loss or damage occurring in the course of the provision of Ancillary Services by Third Party Providers/Subcontractor or in the course the provision of any removal which is not undertaken by a Nominated Agent.
8.4 Damage to Goods – Packaging. If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by Us or The Nominated Agent/Subcontractor/ Third Party Provider, We will not be liable.
8.5 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific instruments and certain musical instruments) 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 or The Nominated Agent/Subcontractor/ Third Party Provider part, We will not be liable.
8.6 Damage to Goods – Furniture Items. If You have elected not to take out any insurance over furniture items whilst in transit or storage and We or The Nominated Agent/Subcontractor/ Third Party Provider did not package any
furniture items for You prior to transit or storage, The Nominated Agent/Subcontractor/ Third Party Provider will only be liable for damage to the furniture items up to an amount of $500 per item. This cap on Our or The Nominated Agent/Subcontractor/ Third Party Provider liability to You does not apply if there is evidence that We or The Nominated Agent/Subcontractor/ Third Party Provider failed to exercise due care and skill and this failure is what caused the damage.
8.7 Lost, Stolen or Misplaced Items. If You have elected not to take out any insurance over the Goods whilst in transit or storage, and We or The Nominated Agent/Subcontractor/ Third Party Provider have not packed the Goods for You, We will only be liable for lost, stolen or misplaced boxes or items up to an amount of $500 per box. This cap on Our or The Nominated Agent/Subcontractor/ Third Party Provider liability to You does not apply if You provided Us with a completed inventory including valuation of the contents of the box containing the Goods prior to commencement of transit or storage and there is evidence that We or The Nominated Agent/Subcontractor/ Third Party Provider failed to reasonably secure the Goods whilst in Our or The Nominated Agent/Subcontractor/ Third Party Provider’s custody or care.
8.8 Notification of Loss or Damage. Any claim for loss or damage under this clause 9 is to be notified by You to Us in writing, or by telephone and later confirmed in writing, within 7 days from the date of delivery. We will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if that notification is given to Us within 2 working days.
8.9 Maximum Value of Goods. In any claim for loss or damage under this clause 8, 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, or the value of any item or group of items for which a value was specified, did not exceed that estimate at the time of loss or damage.
9. Loss or Damage – Commercial Removals and Storage
9.1 Application. If the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, the following conditions of this clause 10 will apply.
9.2 Negligence. The Nominated Agent/Subcontractor will only be liable for loss or damage to the Goods or any other property resulting from Our or The Nominated Agent’s negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider and of any removal contractor who performs any part of the overseas removal of the Goods by road unless that removal contractor is a Nominated Agent), 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), and $200 in respect of any other property.
9.3 Exclusions. We will not be liable for any loss, damage or delay which results from any cause beyond Our control, including weather or industrial disputes; any loss or damage resulting from inadequate or improper packing or unpacking unless the Goods damaged or causing damage were both packed and unpacked by Us; loss or damage to any fragile goods or valuable items as referred to in sub-clause 3.7, even if of a value less than $2000; nor electrical, electronic or mechanical derangement of Goods.
9.4 Claims. In circumstances where We are liable under subclause 10.2, notice of the claim must be given by You to Us as soon as possible, and written notice must be given within 7 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.
10.1 Our Insurance. We offer to arrange for the Goods to be insured during transit and storage, and details of the type of insurance and the rates are set out in Our quotation and/or will be provided on request. This insurance will only be arranged if You request Us in writing to do so (including by so indicating in Your written acceptance of Our quotation).
10.2 Other Insurance. You may, of course, arrange insurance with an insurer of Your choice.
11.1 Notification of Dispute. If You or We consider that a dispute has arisen in relation to this agreement (either during the Services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations outstanding by Us under the agreement.
11.2 Dispute Resolution. If You and We cannot resolve the dispute between Us, You are entitled to refer the dispute to the Australian Furniture Removers Association (telephone +612 9659 5300) which has procedures for dispute resolution, and We, but not You, will be bound by the outcome of that referral.
You must notify us of any cancellations at least 48 hours prior to the day of moving by calling our Office. A cancellation fee of 2 hours based on your hourly rate quote applies plus a 1 hour call out fee.
13. Variation and Notice
13.1 Variation. The terms of these conditions cannot be varied other than by Your and Our mutual consent. Our consent can only be given by a proprietor, director, secretary or manager, and must be evidenced in writing.
13.2 Notice. Any notice to be given by Us to You may be given personally or by prepaid post addressed to Your address last known to Us, or by facsimile to a facsimile number at that address, or by electronic mail.
14. Applicable Law
The law which governs this agreement will be the laws of the Commonwealth of Australia where We have our principal place of business except where You currently reside in a place outside Australia, in which case the local laws in that place apply to the extent that those laws apply to the subject matter of this agreement and You and We cannot choose to apply Australian laws. The parties submit to the exclusive jurisdiction of the Australian courts in relation to any action, suit or proceeding which may arise out of or in connection with this agreement and the parties irrevocably waive any objections to any action, suit or proceedings in the Australian courts on the grounds that the proceedings have been brought in an inconvenient or inappropriate forum.
Understood that in accepting this quotation, agreeing to, or engaging Moving Solutions Australia Pty Ltd services in any commercial transaction, I have read, understood, accept and agree to the above Moving Solutions Australia Pty Ltd general terms and conditions. Should circumstances require me to modify these arrangements prior to the day of uplift, it is imperative that Moving Solutions Australia will be notified in writing and I receive acknowledgement from Moving Solutions Australia Pty Ltd in writing with modifications. I also authorise Moving Solutions Australia Pty Ltd to retain my data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. I acknowledge I have the ‘right to erasure’ (right to be forgotten) upon submission of request in writing.
1. THESE TERMS
1.1 These Terms constitute a binding legal agreement between Moving Solutions Australia (as provider of the Site and Services) and you (as a Service Provider).
1.2 If you enter into these Terms on behalf of another person or entity, then all references in these Terms to "you" or similar will include you and that person or entity. You represent and warrant that you are an authorised representative of that person or entity with the authority to bind them to these Terms, and that you agree to these Terms on that person or entity’s behalf.
1.3 We may vary these Terms (at any time and at our absolute discretion) by publishing the varied Terms on our Site, at which time they will become effective:
1.3.1 for Users who accept the amended Terms upon account creation or booking confirmation, upon acceptance; and
1.3.2 for all other Users, 28 days after the publication of the amended Terms.
1.4 If you do not accept any changes to these Terms of the kind referred to in clause 1.3, then you should cease using the Platform and Services. We recommend you check our Site regularly to ensure you are aware of our current Terms.
2. SCOPE OF MOVING SOLUTIONS AUSTRALIA SERVICE
Moving Solutions Australia’s Services comprise:
2.1 providing and operating the Moving Solutions
Australia Platform (Platform);
2.2 any services we may offer or agree (at our absolute discretion) to provide in order to assist a Customer with scoping Move and booking a Mover (Assisted Booking
2.3 any other products, services, features, contests or promotions offered by Moving Solutions Australia from time to time (Ancillary Products and Services).
3. ANCILLARY PRODUCTS AND SERVICES
3.1 Moving Solutions Australia may offer Ancillary Products and Service from time to time.
3.2 Additional or alternative terms and conditions, fees and charges may apply to our Ancillary Products and Services. These will be provided to you at the time such Ancillary Products and Services are made available to you.
4. SUBCONTRACTORS ROLE AND OBLIGATION
4.1 Your role is that of a bona fide service provider using the Platform and Services to offer services.
4.2 In using the Platform and Services, you must:
4.2.1 be eighteen or older at all relevant times;
4.2.2 comply with these Terms, our Website Terms of
Use, our Policies and all applicable laws and regulations; 4.2.3 create an account with and comply with the terms and conditions of any third-party payment service provider used to process payments;
4.2.4 comply with the terms of any Service Contract you enter;
4.2.5 hold all permits, registrations and authorisations required of a prudent provider of like services, including all relevant business and tax registrations (such as a Tax
File Number and ABN);
4.2.6 have the right to work in Australia;
4.2.7 ensure that all information which you submit via the Moving Solutions Australia Platform is accurate and kept up to date, and is not:
188.8.131.52 potentially or actually harmful to Moving
Solutions Australia, any User or any other person;
184.108.40.206 false, misleading or deceptive;
220.127.116.11 used in any way that infringes on any proprietary or intellectual property rights;
18.104.22.168 defamatory, harassing or threatening; or
22.214.171.124 in breach of any applicable law.
4.3 You must provide us with your current terms and conditions applicable to any Services which you offer or plan to offer on the Platform and must ensure that you give us notice of any changes to these terms and conditions. Once you have confirmed a Customer’s booking, (communicating acceptance of the Customer’s offer) you agree to be bound to any Removal Contract created on the terms and conditions you have provided on the Platform. You are solely responsible for your obligations under agreed contract.
5. SUBCONSTRACTOR REPRESENTATIONS AND WARRANTIES
You represent, warrant and guarantee that:
5.1 you are at least eighteen years old;
5.2 you have the legal right and capacity to enter into a legally binding agreement with us on your own behalf or on behalf of the person or entity you represent (as applicable);
5.3 you hold all permits, registrations and authorisations required of a prudent provider of like services, including all relevant business and tax registrations (such as a Tax File Number and ABN)
5.6 you have the capability to provide agreed services in a good and workmanlike manner and in accordance with all applicable laws; and
5.7 you hold appropriate and current insurance, as provided in clause 8.
6. FEES AND VARIATIONS
6.1 You must ensure that any quotations or pricing information you provide to Moving Solutions Australia r reflect a reasonable representation of the Service Fee to be ultimately charged to the Customer under a Removal Contract.
6.2 You must not impose any additional deposit or similar prepayment or charge for Services under a Removal Contract.
6.3 Quoted Price
The Quoted Price is the estimated total price of the
Move provided to the Customer. It includes the Mover’s Fee and the Service Fee, exclusive of any transaction fees charged by Moving Solutions Australia’s third party payment service providers.
6.4 Service Fee
The Service Fee provided to the Customer is an estimate calculated based on:
6.4.1 pricing information that you have provided to
Moving Solutions Australia; and
6.4.2 the Service Details that the Customer has provided to Moving Solutions Australia. 6.5 Payment Service Provider Fees
In order to process payments, Moving Solutions Australia may engage third party payment service providers. These providers may charge transaction fees, depending on the payment method chosen by the Customer. Any such fee is borne by the Customer.
6.6 The total price ultimately payable by the Customer may differ from the Quoted Price provided to them upon booking. You may identify that a variation or adjustment to the Quoted Price is required in accordance with the terms of your Removal Contract (Variation). For example, if:
6.6.1 the volume of items to be moved does not match the estimate provided by the Customer or the Inventory
Calculator Tool; or
6.6.2 access to the items to be moved is made difficult by steep staircases or driveways which were not contemplated in the initial calculation of the Quoted Price.
6.7 Where you identify that a Variation to the Quoted
Price is required, you must provide Moving Solutions Australia and the Customer with the reasons in writing for why the Variation is required. The Customer will then be asked to approve the proposed Variation.
6.8 If the Customer approves the proposed Variation and has communicated this approval in writing, any resultant increase or decrease in the Quoted Price for the Move (including the constituent Service Fee) will be applied accordingly.
6.9 Moving Solutions Australia takes misleading quotations very seriously. If you raise a Variation to a Service Contract which is, in Moving Solutions Australia sole opinion, unfair to a Customer, insufficiently justified, irregular or otherwise misleading or deceptive, then Moving Solutions Australia reserves the right (to be exercised at its absolute discretion) to suspend or terminate your Subcontract Account, temporarily or permanently bar you from using any Services and take any other action available to Moving Solutions Australia at law.
6.10 Unless otherwise stated, all amounts set out in these Terms are exclusive of GST.
7. CANCELATION AND REFUNDS
7.1 The rights and obligations arising from the cancellation of a Service Contract (including refunds of amounts paid under that agreement) will be governed by that Service Contract, except to the extent that they are inconsistent with these Terms.
7.2 Moving Solutions Australia is not a party to your Removal Contract and makes no representations, warranties or guarantees about a Mover or Customer’s right to cancel their Removal Contract or to claim a refund of, or otherwise recover, any amounts paid pursuant to that Removal Contract.
7.3 If a Customer cancels their booking, or if you cancel or fail to perform as per agreed service, Moving Solutions Australia will only be responsible for the refund (if any) of the Service Fee. The Customer may make a claim against you for refund or recovery of the Mover’s Fee (if applicable, under the Removal Contract). 7.4 Any transaction fee charged by Moving Solutions Australia third party payment service provider is be nonrefundable.
7.5 Upon receiving notice of a Customer’s Booking Confirmation for your Services, you will have 24 hours to accept the job. If you do not accept the Booking Confirmation within that time, then no Service Contract will arise, and you will forfeit that job. Moving Solutions Australia reserves the right to assist Customers with finding an alternative Mover for their Move.
7.6 It is vital that you only accept jobs that you are ready, willing and able to perform. Moving Solutions Australia reserves the right (to be exercised at its absolute discretion) to suspend or terminate your Service Account, temporarily or permanently bar you from using any Services and take any other action available to Moving Solutions Australia at law, if you are found to be cancelling or rescheduling jobs, deviating from your agreed Service Contract, or providing Services which in Moving Solutions Australia sole opinion fall short of acceptable practice.
In respect of all Mover Services you provide, you must hold current and appropriate policies covering:
8.1.1 Goods in transit insurance;
8.1.2 Worker’s compensation insurance; and
8.1.3 Public liability insurance.
You indemnify Moving Solutions Australia from any loss, claim or costs (including any and all legal costs) arising in relation to any breach of clause 7.1 8.3 Moving Solutions Australia may take out insurance from time to time and that insurance may extend some types of cover to Users. However, Moving Solutions Australia does not represent, warrant or guarantee that any of its insurance policies will cover Users. Moving Solutions Australia reserves the right to change the terms of its insurance policies with its insurance providers at any time and without notice.
8. OUR LIABILITY TO YOU
To the maximum extent permitted at law:
8.1 Moving Solutions Australia disclaims all implied warranties, including warranties of title, merchantability, fitness for a particular purpose and non-infringement;
8.2 Moving Solutions Australia disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or services supplied), arising out of or in any way connected with:
8.2.1 the availability or otherwise of the Platform or Services or your suspension from access to the Platform or Services;
8.2.2 any transaction of any kind between Customers and Service Providers, including in relation to the terms of, performance or non-performance of, payment under, or liability arising from the Service Contract; 8.2.3 any transaction of any kind between Users and third parties; or
8.2.4 any damage of any kind to property, or personal injury, caused or incurred by any User;
8.3 Moving Solutions Australia disclaims all liability for indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings);
8.4 Moving Solutions Australia liability to any User of any Service is limited to the total amount of payments made by that User to Moving Solutions Australia during the twelve-month period prior to any incident causing the liability of Moving Solutions Australia, or $50, whichever is greater;
8.5 Moving Solutions Australia’s liability to any User in relation to a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred; and
8.6 Moving Solutions Australia shall not be liable to you for any delay or non-performance of our obligations under these Terms arising from any cause beyond our control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion.
9. YOUR LIABILITY TO US
To the maximum extent permitted at law, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of, or in any way connected with:
9.1 your use of the Platform or Services;
9.2 your breach of these Terms;
9.3 your breach of a Service Contract;
9.4 your breach of any applicable laws; and
9.5 damage or injury of any kind caused by your acts or omissions in performing Services, whether caused by negligence or otherwise.
10.1 Moving Solutions Australia may at its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you, suspend your access to the Platform or Services, and remove any content you have uploaded to the Platform.
10.2 Termination of these Terms does not affect any Service Contract that has been formed between Users.
10.3 Clauses 4, 7, 8, 9 and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.