TERMS AND CONDITIONS
DEFINITIONS
Charge Rate means $35.00 (excluding GST) per 15 minutes or part thereof spent by two (2) Sub-contractors or employees of Backloading-au.com.au, or as may be stated otherwise in a Quote.
Goods means any object, item or thing that you have requested to be transported.
Quote means a written quote provided to you by Backloading-au.com.au.
Services means all services supplied by Backloading-au.com.au to you pursuant to your request and in connection to the Goods.
Sub-contractor means any person or entity that Backloading-au.com.au appoints to assist to perform the Services, or any part of the Services.
Terms means these Backloading-au.com.au Terms and Conditions.
You means the person or other legal entity responsible for acquiring the Services from Backloading-au.com.au.
APPLICATION OF THESE TERMS
2.1 These Terms apply to any contract for the carriage of Goods, or provision of the Services, entered into between Backloading-au.com.au and you, after being given a reasonable opportunity to view them on the Backloading-au.com.au website or as a consequence of accepting a Quote.
2.2 You will be bound by these Terms in their entirety when you agree to appoint Backloading-au.com.au to provide the Services to you.
NOT COMMON CARRIERS
3.1 Backloading-au.com.au is not a common carrier and will not accept any liability as such. We, at our sole discretion, may refuse to quote for the carriage of goods for any person in respect of any class of goods.
YOUR OBLIGATIONS AND WARRANTIES
Information provided by you
4.1 You warrant that any information that you provide to us in order to provide you with a Quote to perform the Services or to estimate the resources required to fulfil our Services is accurate and not misleading in any way.
Owner of Goods
4.2 You warrant that you are either the owner of the Goods or have been authorised by the owner of the Goods to act as its agent.
Dangerous Goods
4.3 You warrant that the Goods do not include any fire arms or goods that are, or may become, dangerous, corrosive, highly combustible, explosive, damaging or noxious in nature (Dangerous Goods), unless you have first notified us in writing and we then agree to carry the Goods.
4.4 We may, at our sole discretion, refuse to remove or carry Dangerous Goods.
4.5 In the event that we discover any Dangerous Goods after the Goods have been received by us, we reserve the right to take any reasonable action, including destruction or disposal of the Dangerous Goods, without incurring any liability to you.
Fragile and valuable goods
4.6 Prior to the removal of any Goods, you must provide us with written notice of any Goods that may be fragile or that comprise jewellery, precious items, works of art, money, collections of items or precision equipment (Special Items).
Goods left behind or removed in error
4.7 You will ensure that all Goods to be removed for carriage are uplifted by Backloading-au.com.au and that none are taken in error.
Presence at loading and unloading
4.8 You, or a person representing you, must be present at the times of loading and unloading the Goods.
METHOD OF CARRIAGE
Mode of carriage
5.1 We will be entitled to carry the Goods via any reasonable route and by any reasonable means.
Use of Sub-contractors
5.2 We may use sub-contractors to undertake the whole, or any part of, the Services.
Liability of Sub-contractors and employees
5.3 Any provisions in these Terms that limit our liability also apply to Sub-contractors and to our employees and to the employees of the Sub-contractors.
DELIVERY
6.1 We will not be bound to deliver the Goods to any person other than you or any other person who you authorise in writing to receive the Goods.
6.2 If we are unable to deliver the Goods because there is no authorised person to receive them on our arrival or because we cannot gain access to the premises on which the Goods are to be delivered, or any other reason beyond our control, we may unload the Goods into a warehouse and will be entitled to charge you an additional amount for storage of the goods and for the re-delivery of the Goods to you.
6.3 We will not be liable for any delays for reasons out of our control, including industrial disputes, weather, and traffic or road conditions.
6.4 If delivery out of our storage is required then a weeks notice is required.
CHARGES
7.1 You agree to be charged for our performance of the Services in accordance with any Quote that we provide you with and that you accept.
Variation of Services
7.2 In the event that information that you provide to us is incorrect, inadequate, inaccurate or varies after we have provide you with a Quote, Backloading-au.com.au may, in its sole discretion, perform the Services as specified in a Quote or vary the charges in accordance with the variation in the specified quantity, volume or weight of the Goods, plus any variation in time taken to perform the Services.
7.3 Storage charges are per week, and are payable monthly in advance. Charges are calculated from day of collection of furniture, through to the date of delivery, in whole weeks.
Delay
7.3 You agree that where the loading or unloading process is delayed by over 30 minutes of the time contained in a Quote due to any factor outside the control of Backloading-au.com.au, you must pay an additional charge that will be calculated in accordance with the Charge Rate.
Cancellation of Services
7.4 In the event that you cancel the Services within 48 hours of the time that we have agreed to arrive for the pick up (the Pick-up Time), you will be charged the lesser of the following amounts:
The total amount specified in our Quote to perform the Services; or
Time spent by Backloading-au.com.au, including its Sub-contractors, in either arranging and/or travelling to and from the pick-up destination, calculated in accordance with the Charge Rate and taking into account any loss of income associated with your cancellation of the Services.
7.5 In the event that you cancel the Services within 24 hours of the Pick-up Time that we have agreed to arrive for the pick up, Backloading-au.com.au reserves the right to charge you an administration fee to cover time and costs associated with your booking of the Services.
Customs, etc
7.6 You agree to reimburse Backloading-au.com.au for any costs, fees or taxes incurred by us in complying with customs, quarantine, import or export requirements. Such fees are in addition to the amounts that we provide in any Quote.
PAYMENT
8.1 Backloading-au.com.au will provide you with an invoice for the Services at the time of loading the Goods and you must pay at that time in the form of cash, credit card or other acceptable method of non-reversible electronic funds transaction.
8.2 In the event that Backloading-au.com.au incurs additional charges in connection with performing the Services, you agree to pay an additional invoice that Backloading-au.com.au provides you with at the time of unloading the Goods.
8.3 Backloading-au.com.au may assign its rights to a third party to collect all charges and payments from you in connection with the Services.
LIEN ON GOODS
9.1 All Goods received by us, and that belong to you, shall be subject to a general lien for any monies owed by you to Backloading-au.com.au as a result of these Terms, or any previous agreement of any nature whatsoever.
9.2 Title in the Goods shall not pass to you until such time that Backloading-au.com.au has been paid in full for our performance of the Services.
9.3 In the event that any amount remains outstanding for a period of 28 days, we may give seven (7) days’ written notice to you of our intention to sell the Goods and of the outstanding amount is not paid within that period, we may sell all or any of the Goods by public auction or otherwise and apply the net proceeds as follows:
First, to pay all costs, commissions and expenses associated with the sale of the Goods;
Second, to pay any storage fees incurred in retaining, storing or otherwise holding the Goods;
Third, to pay all invoices provided by Backloading-au.com.au or a Sub-contractor; and
The balance of proceeds of sale (if any) be forwarded to you by way of back cheque at the address that you supply to us at the time of contracting with us to perform the Services.
LOSS OR DAMAGE – PRIVATE REMOVALS
Australian Consumer Law
10.1 Except where the Services are required by you for the purposes of a business, trade, profession or occupation in which you are engaged, these terms and conditions will be subject to the guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law being, in particular, a guarantee that the services will be performed with due care and skill, and the following conditions of clause 10 will apply.
Exclusions
10.2 Backloading-au.com.au will not be liable for any loss, damage or any delay resulting from any cause beyond our control.
Damage of Goods – Packaging
10.3 We will not be liable if any of the Goods sustain damage as a consequence of inadequate packaging by you.
Damage of Goods – Inherent risk
10.4 Certain goods are inherently susceptible to suffer damage or disorder upon removal and carriage. We will not be liable for damage or disorder, unless such damage or disorder results from lack of due care or skill on our part.
Maximum value of the Goods
10.5 In any claim for loss or damage under this clause 10, any estimate of the value of the Goods will be prima facie evidence that the total value of the Goods did not exceed that estimate at the time of the loss or damage taking place.
LOSS OR DAMAGE – COMMERCIAL REMOVALS
11.1 If you require the Services for the purposes of a business, trade or occupation in which you are engaged, the following terms will apply:
Negligence
11.2 We will only be liable for loss or damage resulting from our negligence and in any event, that liability will be limited to $100 per item, or $1,000 in respect of all of the Goods carried under these terms, whichever is the lesser amount.
Exclusions
11.3 We will not be liable for:
any loss, damage or delay that results from any cause beyond our control;
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; or
loss or damage to Special Items.
Claims
11.4 If we are liable under clause 11.2 above:
you must provide us with written notice of the claim as soon as possible and within 14 days of the Goods being unpacked, or in the case of loss, within 14 days of the date in which the Goods were to be unpacked; and
in satisfaction of any claim, we repair or replace the Goods or other property without liability for depreciation and in that event, our liability will not exceed the cost of repair or replacement.
INSURANCE
12.1 You acknowledge that Backloading-au.com.au has no duty or obligation to, and does not, insure the Goods that are subject to carriage against loss, damage or destruction.
12.2 You acknowledge that it is your responsibility sole obligation to arrange a suitable insurance policy indemnifying yourself against any loss, damage or destruction of the Goods and if you fail to arrange such insurance, Backloading-au.com.au will not be held liable in any way.
12.3 You acknowledge that Backloading-au.com.au is not liable for any claim made with any insurer of the Goods fails or is limited in any way as a consequence of the insurance policy being void, voidable, unenforceable, expired, or because of the operation of an exclusion clause, restriction or other term of the insurance policy, whether or not such failure or limitation arises directly or indirectly from any action of Backloading-au.com.au.
12.4 Backloading-au.com.au recommends that you consider taking up appropriate insurance in respect of the Goods prior to the Pick-up Time.
PRIVACY
13.1 All personal information that we may collect and store as a consequence of providing you with the Services will be handled in accordance with our Privacy Policy
GST
14.1 The parties agree that payment of all amounts under these Terms is exclusive of GST.
GENERAL TERMS
Invalid or unenforceable provisions
15.1 If a provision of this Agreement is invalid or unenforceable in a jurisdiction:
it is read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
Variation
16.1 These terms may only be altered in writing, signed by each of the parties.
16.2 Consent for Backloading-au.com.au may only be granted by a director, manager or secretary of Backloading-au.com.au.
Further action
16.3 Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these Terms and any transaction contemplated by them.
Waiver
16.4 The failure of a party at any time to require performance of any obligation under these Terms is not a waiver of that party’s right:
to claim damages for breach of that obligation; and
at any other time to require performance of that or any other obligation under these Terms, unless written notice to that effect is given to the other party.
16.5 A waiver of any provision or right under these Terms:
must be in writing signed by the party entitled to the benefit of that provision or right; and
is effective only to the extent set out in any written waiver.
Disputes
17.1 Any dispute that may arise between the parties under these Terms must be referred to an independent third party mediator appointed by the Queensland Law Society.
Governing law
18.1 The laws of Queensland govern these Terms.