Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Victoria, Australia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Yes Movers, 15/14 Royal Ave, Glen Huntly VIC 3163.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Yes Movers, accessible from www.yesmovers.com.au
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Quotation
- Our quotation unless, otherwise stated, does not include custom duties, port charges including (but not limited to) demurrage, inspections, or any fees or taxes payable to government bodies or agencies.
- There are delays or events outside our reasonable control which increase or extend the resources time allowed to complete the agreed work.
- Unless already discussed and mutually agreed minimum 2 hour charges apply.
- You agree to pay any reasonable charges arising from the above circumstances.
- Pack the goods if requested and we have agreed to do so.
- Remove them at the agreed time and date and deliver to the delivery address.
- Unpack them. If requested, we have agreed to do so.
Work not included in the quotation
- Dismantling or reassembling flat pack furniture or a property’s fittings.
- Disconnecting or re connecting any equipment or appliances.
- Securing or preparing for transit, as necessary equipment or appliances such as but not limited to, securing washing machine drums.
- Taking up or laying fitted floor coverings of any kind.
- Removing storage heaters unless they are already disconnected and adequately dismantled.
- Our staff are not qualified or authorized to carry out such work and we recommend that a proper qualified person be separately employed by you to carry out these services.
Customers Responsibility
- Obtain at your own expense all documents, permits, licenses, customs documents necessary for the move to be complete.
- Be present or be represented during the collection and delivery of the removal. Take all reasonable steps to ensure that nothing that should be removed is left behind and that nothing is taken away by mistake/error.
- Arrange proper protection for goods left in unoccupied or unattended premises or where other people such as, but not limited to, tenants and workmen are or will be present.
- Prepare adequately and stabilize all appliances and electronic equipment prior to their removal
- Provide us with a contact address for correspondence for the removal transit and/or storage of the goods.
- Where we provide you the inventories, receipts, waybills, worksheets or other relevant documents you will ensure that it is signed by you or your authorized representative as confirmation of collection or delivery of goods.
- Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes.patrol lawn mowers are clean and dry and there is no residual fluid left in them.It is customers responsibility to ensure that all goods fit into the new premises (eg. Size of sofa and size of aperture). Our removalists will not be insured to remove doors or windows in such cases and will be forced to drop the items outside the premises. It is the customers responsibility to organize a specialist if required.
Postponement or Cancellation
By agreeing to undertake the removal we incur costs in preparing for it and may also lose the opportunity to undertake further work that would use the same resources.
- If you cancel or postpone less than five days before the removal date a $70 cancellation fee is applicable which you paid as a deposit.
Payment Requirements
We accept cash, credit cards. In case of credit card payments additional surcharges apply. Payments must be made at the completion of the job. It is your responsibility to ensure that you have enough money to pay to the driver at the completion of the job. You may not hold any part of the agreed price. In such a situation the payment requested will also have an estimate of time that may take to unload the goods. If payment is not made in full in this situation the unloading of goods will not start until full payment is made. If any dispute arises on payment amount and cannot be resolved at that time, we reserve the right to refuse to unload the goods until the time full payment is made.
Our Liability for Loss and Damage
If the goods sustain damage by reason of defective or inadequate packing or unpacking, we will not be liable for that.
Certain goods (including but not limited to), Ikea furniture, electrical and mechanical appliances, computer equipment, scientific instruments certain musical instruments and furniture made of pressed wood are inherently susceptible to suffer damage or disorder no matter how carefully they are handled, we will not be liable in respect of these items, in any way.
Where you or a person with your agreement participates in the move, or we do it all ourselves, we are not liable for any damages done to your goods. You are advised to take your own insurance for the transfer of goods if a third party is assisting in the moving.
Damage to premises or property other than goods
- If there is third party helping or assisting while the move it is not always possible to establish who was responsible for the loss or damage we don’t take any responsibility if the property or walls were damaged as they are not professionals.
- We will not accept any damage to the property or to the contents once our team leaves the premises it’s your responsibility to check the contents prior to our team leave and report us so that we can provide you the incident form for the loss.
- If we cause loss or damage to the premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
- If we cause damage as a result of moving goods under your express instruction against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.
Exclusions of liability
- We shall not be liable for any loss or damage caused by fire or explosion. It’s your responsibility to ensure that your goods are against fire or explosion. If you ask us in writing to arrange fire insurance cover, we will provide you, declare the full replacement value of your goods and pay the premium in advance.
- We shall not be liable for delays or failures to provide the services under this agreement as a result of war, invasion, acts of foreign enemies, natural calamities,hostilities whether war is declared or not.or other such events which are out of reasonable control.
- We will try our best to arrive within the time scale started, however arrival times are estimated . delays to pick up delivery times are sometimes unavoidable. (due to traffic accidents, weather etc.)
- Other than as a result of our negligence or breach of contract, we will not be liable for any loss, damage or failure to produce goods as a result of
- Normal wear and tear, natural or gradual damage, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
- Moth or venom or similar infestation.
Cleaning, repairing or restoring unless we arrange for the work to be carried out.
- Cleaning, repairing or restoring unless we arrange for the work to be carried out.
- Changes caused by atmospheric conditions such as dampness, mould, corrosion or linked to ingress of water.
- For any goods in wardrobes, drawers or appliances or in a package bundle, carton, case or other cell/liner not both packed or unpacked
- For any electrical or mechanical damage to any appliance unless there is no evidence of any external damage by us.
- For any goods which have pre pre-existing defects or are inherently defective.
- For perishable items and/or those requiring a controlled environment
- No employee of ours shall be separately allowed to pay you for any losses or damage.
- Where goods are handed over to you by your authorized agent, our liability will cease upon handing over the goods to you or your authorized representative.
OUR RIGHT TO HOLD THE GOODS (lien)
“lien” is the legal right of the removalist to hold goods until the customer has paid all the outstanding charges. If you fail to pay us the required payment we have the right to sell your goods and obtain the outstanding amount.
Parking fines
It’s the customer’s responsibility to organise adequate parking for the truck, if there are any parking tickets during the move the customer will be liable for that. Organising a parking lot would be helpful in saving time as well, the closer the truck will be parked, less time the move will take.
Staff abuse
Verbal or threatening behavior with any of our staff members will not be tolerated . if the driver is forced to leave the job because of verbal or any other abuse from the customer, legal action will be taken and the customer has to pay the full remaining amount for the job,
WE GOT THE RIGHT AND AUTHORISATION TO USE DEBT COLLECTOR AGENCIES IF THE FULL PAYMENT IS NOT MADE AT THE END OF THE JOB. IF THE INVOICE IS NOT PAID IN FULL AS PER OUR TERMS AND CONDITIONS ALL SUBSEQUENT COSTS ASSOCIATED WITH CHASING THIS DEBT THROUGH A THIRD PARTY COLLECTION AGENCY OR SOLICITOR WILL BE ADDED TO THE INVOICE.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” disclaimer
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Changes to these terms and conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact us
If you have any questions about these Terms and Conditions, you can contact us:
- By email:info@yesmovers.com.au