Terms and Conditions

Conditions of Agreement

1. For the purposes of these terms and conditions of storage

(a) “The Carrier” means Eastern Suburbs Storage (VIC) Pty Ltd (A.C.N. 651 561 063) trading as Eastern Suburbs Storage (A.B.N: 33 651 561 063) and all such servants, agents, representatives, employees, officeholders and sub-contractors of Eastern Suburbs Storage (VIC) Pty Ltd (A.C.N. 651 561 063);

(b) “The Carrier” means the party who receives a quotation or invoice from the Carrier for the works, the pay who enters into the contract for storage with the Carrier or retaining the Carrier to conduct the Works, and all such agents, servants and representatives thereof;

(c) ‘Goods’ means all furniture; household and domestic implements and items, outdoor, mechanical and gardening items; and all other such personal chattels, effects and property which are the subject of the Works; and

(d) “The Works” means the packing (if applicable); removal; loading; transport by any means including but not limited to by road, rail, ship, air freight; unloading; relocation or storage of the Goods as directed by the Customer, the subject of these terms and conditions of storage.

2. The Carrier is not a common carrier and will accept no liability as such.

3. Guarantee

3.1 The Carrier guarantees that all the Works will be conducted with due care, skill and diligence. If any loss or damage occurs to the Goods due to any negligence, dropping, mishandling or inadequately securing the Goods on the Carrier’s behalf, subject to the below exclusions, the Carrier shall, at the Carrier’s absolute discretion, offer to repair or replace the damaged Goods or compensate the Customers.

3.2 Any repairs conducted shall be conducted by the Carrier’s chosen repairer, and such repairs shall be limited to the damage caused by the actions of the Carrier only. The repair shall reinstate the Goods to the condition they were in immediately prior to the damage occurring. Any replacement Goods shall be agreed between the parties and such replacement Goods will be in a similar condition to the Goods immediately prior to the damage occurring, with replacements not required to be brand new. In the event that the Carrier may compensate the Customer, the value of the compensation will be a reasonable amount determined in the Carrier’s absolute discretion, which shall be calculated in accordance with independent third-party valuations which may be obtained via eBay listings, second-hand dealers and auctioneer valuations.

3.3 The further following exclusions apply to the Carrier’s guarantee.

(a) Any repair, replacement or compensation is limited to the total value of $1,000.00.

(b) If the Carrier identifies a risk of damage to the Goods prior to the Works commencing and the Customer elects to proceed with the Works, the Carrier shall not be liable, and the Customer shall bear all risk of damage and loss;

(c) If the Customer breaches any warranty contained in clause 8 above, such as failing to draw the Carrier’s attention to fragile Goods or failing to safely and securely pack the Goods, the guarantee shall not apply; and

(d) If the Goods are electrical items, computer and scientific equipment, musical instruments, glass which is not securely wrapped and protected, stone or composite stone, assembled flatpack furniture, pressed wood or laminate furniture, statues and artwork, plants aquariums or other such inherently risky or susceptible to damage item advised by the Carrier to the Customer prior to the commencement of the Works, the guarantee shall not apply.

3.4 Any claim that the Customer wishes to make under this guarantee must be made in writing to the Carrier within seven (7) days of the date of delivery or completion of the Works by the Carrier.

4. The Carrier reserves the right to refuse the carriage of any Goods of any class of Goods or to conduct the Works at any time at the Carrier’s sole discretion.

5. The Works and all Goods carried shall be subject only to these terms and conditions of storage as amended from time to time and no other terms and conditions shall apply. Entry into a contract for the Works is deemed agreement to be bound by these terms and conditions of storage by the Customer.

6. Subject to these terms and conditions and unless otherwise expressly agreed in writing, the Carrier does not accept any responsibility for any loss or damage or consequential loss or damage to or mis-delivery or non-delivery of Goods, property, parcels, packages, boxes, crates, or cases etc., or the contents thereof, either in transit or in storage, for any reason whatsoever.

7. The Customer authorises the Carrier to arrange with any other person, firm, sub-contractor or company to undertake Works, with such person, firm, sub-contractor or company being the authorised agent of the Carrier, who shall also be entitled to the benefit of these conditions as if they were the Carrier. 8. The Customer acknowledges that all Goods the subject of the Works will not be insured for damage or loss. The Carrier may affect insurance of the Goods for the Customer’s benefit upon written request for the Customer, at the Customer’s sole expense.

9. The Customer expressly warrants that:

(a) They are either the owner of or authorised agent of the owner of any Goods the subject of the Works.

(b) They accept responsibility for any damage or loss of any Goods whilst in the Carrier’s custody during the Works due to civil commotion, act of God, government intervention, war, strikes, seizure under legal process, accident, misadventure, fire or water.

(c) They will advise the Carrier of any valuable, fragile, or breakable Goods or any such Goods which are inherently susceptible to damage or otherwise require special precautions during the Works. The Carrier does not accept any liability for any loss or damage whatsoever which may occur to any such valuable, fragile or breakable Goods or Goods that are inherently susceptible to damage such as computers, televisions and antique furniture and the Customer indemnifies the Carrier in this respect.

(d) They will not tender for storage any explosive, highly combustible, noxious, corrosive, flammable or otherwise dangerous or damaging Goods without presenting a full description of such goods to the Carrier and if the Customer fails to do this, shall indemnify the Carrier against all loss or damage caused by such dangerous Goods;

(e) All information provided to the Carrier is accurate and correct and acknowledge that the carrier will reasonably reply on such information.

(f) The Customer personally or an authorised representative of the Customer will be present at the loading and unloading or storage of the Goods and shall approve the condition of all Goods the subject of the Works.

(g) They will obtain at their sole expense prior to the Works commencing, any documents, permits, licenses customs documents or other authorisations are required to conduct the Works;

(h) They will be solely responsible for the safe and secure packing of all Goods (unless otherwise agreed in writing with the Carrier) and accepts all liability and responsibility for, and indemnifies the Carrier against all liability for, any loss or damage or consequential loss or damage or claim which occurs to the Goods due to unsafe or unsecure packing; and

(i) They will empty, clean and secure all domestic and garden appliances and equipment, including but not limited to securing washing machine drums, emptying all fuel from lawn mowers and emptying all hoses and pipes from residual water.

10. Freight shall be considered earned as soon as the Goods are loaded and despatched, whether the Goods are delivered to the Customer address or not and whether damaged or otherwise.

11. The Carrier is expressly authorised by the Customer to carry all Goods or to have them carried by any method as the Carrier determined in their absolute discretion, unless otherwise agreed in writing.

12. If any delay in excess of ninety minutes occurs after the Customer’s nominated settlement time for the storage of Goods, which is not the fault of the Carrier and the Carrier is in attendance to conduct the Works, the Customer shall be liable to pay waiting and demurrage fees at the cost of $50 per hour per person conducting the Works.

13. By agreeing to carry or store the Goods, the Customer acknowledges that the Carrier may incurs costs in preparing for such carriage or storage and may lose the opportunity to undertake alternate works if the Customer cancels or postpones the Works. If the Customer cancels the Works more than 3 days before the scheduled Works, no charge shall be payable by the Customer. If the Customer cancels the Works less than 3 days but more than 24 hours before the scheduled Works, the Customer shall pay to the Carrier a charge equivalent to 50% of the quoted cost of the Works. If the Customer cancels the Works less than 2 hours before the scheduled Works, the Customer shall pay to the Carrier a charge equivalent to 100% of the quoted cost of the Works If the Customer reschedules the Works to a later date and/or time, the Customer shall pay to the Carrier an administrative charge of $20.00.

14. The Customer shall be and remain responsible to the Carrier for all its proper charges and expenses incurred for any reason, including but not limited to any parking fines, infringements or otherwise.

15. In the event that delays are encountered due to traffic conditions or vehicle breakdown or other such delay outside the control of the Carrier for which the Customer is not responsible, the Carrier will endeavour to advise the Customer of the delay, but the Carrier accepts no responsibility for any loss or damage incurred by such delay.

16. All quoted prices assume reasonable access for large vehicles (up to semi-trailer) and ground floor access at pick-up and deliver, unless otherwise state. Additional charge may apply when details are not supplied when access is not deemed reasonable. The Carrier reserves the right to refuse carriage and/or storage of Goods if access to the Goods or the property is inadequate or unsafe. The Carrier is not required to make any modifications to the Good or property to enable such access, such as removals of doors. The Customer indemnifies the Carrier against any and all damage that may occur to the Goods or property in the removal, loading, storage and/pr unloading of the Goods.

17. The Carrier reserves the right to suspend or cancel the Works at any point if the Carrier considers the working environment to be an unsafe work environment, or occupational health and safety requirements are not met.

18. The Customer accepts all responsibility for advising the Carrier which good are to be removed or stored and ensure that they are loaded into the Carrier’s vehicle. The Carrier does not accept any responsibility for any Goods moved in error or left behind.

19. The Customer accepts that the Customer or an authorised representative of the Customer must be present at the delivery location to receive the Goods. If the Carrier is unable to deliver the Goods due to the Customer or authorised representative’s absence, or access to the delivery location is unsafe or not reasonably possible, or delivery is delayed or prevented for any other such reason outside of the Carrier’s control, the Carrier is hereby authorised to store the Goods at an alternate location at the Customer’s sole liability and expense until such time as delivery can be effected. The Customer accepts and undertakes to pay any storage or re-delivery fees incurred or charged by the Carrier.

20. Storage and Access

20.1 The Carrier reserves the right to prepare an inventory of any Goods received from the Customer for storage and may require the Customer to sign such inventory. The Customer will be provided with a copy of inventory. If the Customer signs the inventory and does not object to its accuracy within 7 days of the date of the inventory, the inventory will be deemed to be conclusive evidence of the Goods received by the Carrier for storage. The inventory shall only disclose visible items and not any contents thereof unless the Customer requires an inventory of the contents of such visible items, in which case the Carrier shall make a reasonable additional charge to the Customer.

20.2 The Customer shall advise the Carrier of an address to which the Carrier can forward any notice or correspondence. The Carrier shall immediately advise the Carrier of any change of address.

20.3 The storage charges quoted by the Carrier to the Customer shall be valid for the first six (6) calendar months of storage. The Carrier reserves the right to vary the storage charges after the first six (6) calendar month of storage subject to the provision of 28 days’ written notice to the Customer.

20.4 The Customer authorises the Carrier to relocate the storage container to an alternate location without charge to the Customer. The Carrier shall notify the Customer of the relocation no less than 48 hours before the relocation, except in cases of an emergency.

20.5 The Carrier shall make the stored Goods reasonably accessible to the Customer subject to the provision of 24 hours written notice to the Carrier of the Customer’s need to access such stored Goods.

20.6 Subject to payment for the balance of any fixed of minimum period of storage as agreed between the Carrier and Customer, the Customer may remove the Goods from storage at any time subject to the provision of five (5) business days’ notice to the Carrier. In the event that five (5) business days’ notice is not provided to the Carrier, the Carrier will endeavour to make the Goods available for collection and removal but reserves the right to make a reasonable additional charge to the Customer.

20.7 The Customer agrees to remove all Goods from storage within 28 days of the date of written notice from the Customer requiring such removal.

20.8 If the Goods are not removed within 28 days of the date of written notice, or the Customer owes any sum of money to the Carrier and fails to make payment, the Carrier reserves the right to sell any or all of the Goods by public auction or private treaty and apply the net proceeds in satisfaction of any amounts owing to the Carrier by the Customer, and/or dispose of all or any Goods.

21. Payment must be made in full to the Carrier by the Customer immediately upon completion of the delivery of the Goods, unless otherwise by the Carrier. The Carrier reserves the right to require payment upfront. In the event of the customer engaging in self-storage with the Carrier, the Carrier requires payment in full to be made prior to the Customer unloading the self-storage unit at the end of the storage term or otherwise.

22. The Customer shall make payment in full of all amounts invoiced to the Customer by the Carrier in accordance with the Carrier’s stated due date for payment on a compliant tax invoice, and in the absence of any specified due date for payment, within seven (7) calendar days of the date of invoice. If the Customer fails to make payment by the required due date for payment, the Customer shall pay to the Carrier interest on all amounts then outstanding at the applicable penalty interest rate, compounding monthly. The Customer indemnifies the Carrier for all legal debt recovery and other expenses incurred by the Carrier on a full indemnity basis including but not limited to all loss, damage, interest, costs and disbursements associated with any attempt made by the Carrier to recover owed to the Carrier by the Customer and shall pay all such costs without the need for a demand.

23. This contract shall be governed in accordance with the Laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts thereof.