Removal Agreement and Terms of Services

This Agreement and Terms of Services (“Agreement”) is entered into between Easy Logistics, herein referred to as “the Company,” and the customer, herein referred to as “the Client,” for the provision of house moving services. The services provided by the Company cover general freight, palletized goods, ad hoc jobs, and tailored taxi truck solutions, ensuring operational efficiency and safety from start to finish based on Australian Laws.

1. Quotation

1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, inspections, or any fees, or taxes payable to government bodies or agencies unless stated.

1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in the quotation, reasonable additional charges will apply in the following circumstances:

1.2.1 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry, or toll charges beyond our control.

1.2.2 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.

1.2.3 We have to collect or deliver goods at your request above the ground floor and first upper floor, unless stated in the quotation. Double storey buildings will include additional cost.

1.2.4 We supply any additional services, including moving or storing additional/ extra goods from the agreement (these conditions apply to such work). This may include (but is not limited to) situations in which it becomes apparent when We collect your goods that there are additional items, goods, or other loads, of which we were not informed when we provided Our quote and which was not, therefore, included in the quote. 

1.2.5 The entrance or exit to the premises, stairs, lifts, or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road, or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 meters of the doorway.

1.2.6 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.

1.2.7 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.

1.2.8 We agree in writing to increase our limit of liability set out in Clause 8.1 prior to the work commencing;

1.2.9 We have to pay operational charges in order to carry out the services, which may be brought in at any time by the law and amended at any time by the law. 

1.3 You agree to pay any reasonable charges arising from the above circumstances.

2. Work not included in the quotation

2.1 Unless agreed by us in writing, we will not:

2.1.1 Dismantle or assemble furniture of any kind

2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.

2.1.3 Take up or lay fitted floor coverings.

2.1.4 Move items to or from a loft, unless properly lit and floored and safe access is provided.

2.1.5 Move or store any items excluded under Clause 4.

2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.

2.2 Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by You to carry out these services.

2.3 Quoted Hours and Pricing Flexibility

The hours quoted in this agreement are based on estimated time required for services. The client may opt for a reduced estimate; however, this does not guarantee that the quoted price will remain fixed if additional hours are required due to unforeseen circumstances during the loading and transporting of goods. Factors that may lead to an increase in the necessary service time include, but are not limited to:

2.3.1 Road Conditions: Encountered road closures, road works, and traffic variations during transit.

2.3.2 Loading and Offloading Delays: Increases in time needed for loading and offloading which may be caused by a larger than expected number of items, restricted access to loading areas, improper placement of goods for easy movement, or goods not being pre-packed.

Please note that adjustments to the final billing may occur based on the actual hours spent under these conditions.

3. Your responsibility

3.1 It will be your responsibility to:

3.1.1 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.

3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.

3.1.3 Pay for any parking or meter suspension charges incurred by us in carrying out the work.

3.1.4 Be present or represented throughout the collection and delivery of the removal.

3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

3.1.6 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.

3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.

3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.

3.1.9 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;

3.1.10 Provide us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.

3.1.11 Arrange appropriate transport, storage or disposal of goods listed in clause 4.

3.2 Other than by reason of our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

4. Goods not to be submitted for removal or storage

4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.

4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms, fuels, oils, and ammunition.

4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.

4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.

4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.

4.1.5 Perishable items and/or those requiring a controlled environment.

4.1.6 Any animals, birds, fish, reptiles or plants.

4.1.7 Goods which require special licence or government permission for export or import.

4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.

4.2 If You submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time We may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.

5. Ownership of the goods

5.1 By entering into this Agreement, you guarantee that:

5.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or

5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.

5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.

5.1.4 You will provide a full indemnity and pay us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.

5.1.5 If you wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.

6. Charges if You postpone or cancel the removal

6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 – 6.1.4. We charge these fees based on an assessment of losses we have incurred as a result of You cancelling or postponing the removal. Examples of the types of loss We might incur are: administration/back office costs, being unable to re-fill a removal slot with another customer’s work, or engaging employees to work for your booked removal. “Working days” refer to the normal working week of Monday to Friday and exclude weekends and Public Holidays.

6.1.1 More than 10 working days before the removal was due to start: No charge.

6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.

6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.

6.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge.

6.1.5 On the day the work starts or at any time after the work commences up to 100% of Our charges.

6.2 Cancellation/Postponement Waiver

If offered, and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses 6.1.1, 6.1.2 & 6.1.3. Our agreement to waive the charges is conditional upon Us receiving written notice of Your intention to Cancel/Postpone no later than 17:00 hours on the preceding Working Day before Services commence. The Cancellation/Postponement charge will entitle You to only one Cancellation/Postponement.

7. Payment

7.1 Unless otherwise agreed by Us in writing:

7.1.1 70% Advance payment is required to be paid 10 days before date of moving, unless agreed by both parties. Full and final Payment is required in full by cleared funds by the completion of the removal same day. 

7.1.2 We reserve the right to charge interest on any outstanding balance of 20% per annum above the base rate of the Reserve Bank of Australia. Interest will be calculated on a daily basis from the date of the invoice until payment.

7.1.3 We shall have a lien over the goods until such time as payment in full has been received.

7.1.4 If You are unable to pay the removal charges on the day of removal, we may delay or refuse to release the goods until you have paid all charges and any storage charges that may have occurred. We reserve the right to charge you for any costs or charges incurred if we have to return the goods to the place of origin or any other location.

8. Our Liability for loss or damage

8.1 Subject to clauses 8.2 and 8.3 below, our liability for loss or damage is limited to $100,000 for any one incident of loss or damage while on route due to unavoidable circumstances such as road accident while on transit.

8.2 We will pay up to $3,000 per item for any item damaged due to our negligence or breach of contract. An item is defined as any one article, suite, pair, set, complete case, package, carton, or other container.

8.3 For the avoidance of doubt, if a number of items are packed in a box, container, or other receptacle and such box, container, or receptacle is lost or damaged, We shall be liable for the loss of or damage to the whole box, container, or receptacle up to the limit set out in clause 8.2.

8.4 If You suffer loss or damage as a result of Our negligence or breach of contract, any liability We have to You will be reduced by an amount which is proportionate to the extent to which the loss or damage was caused by Your negligence or breach of contract.

8.5 If we are liable to you for any reason, We shall be entitled to reduce any liability We may have to you by the amount of any contribution which You are liable to make towards the claim under the terms of any insurance which You have taken out or for which You are otherwise covered.

8.6 We strongly recommend that all our clients obtain independent house moving insurance coverage. While we take great care to ensure the safety and security of your belongings during the move, having your own moving insurance provides an additional layer of protection for your personal items throughout the relocation process. This coverage can be particularly important for high-value or irreplaceable items. Please consider arranging separate insurance to safeguard against any unforeseen circumstances that might occur during your move.

9 Damage Claims and Compensation Policy

9.1 To ensure transparency and fairness in our moving process, it is important that any claims for damages, particularly to electronic items such as TVs and refrigerators, are made while our team is present at the location. We request that you inspect these items for any damages immediately upon moving:

9.1.1 Immediate Inspection Requirement: Damages to electronic items must be reported on the spot, in the presence of our moving team. We will not entertain claims for such damages once our team has left the premises.

9.1.2 Packing Requirements for Fragile Items: Fragile items, including TVs, must be packed in a secure TV box to qualify for insurance coverage. Items not secured in appropriate packaging will not be covered under our insurance policy.

9.1.3 General Wear and Tear: While our services are designed to minimize any impact on your belongings and property, minor wear and tear such as scratches to walls or appliances can occur. In the rare event that such damage occurs, we kindly ask for reasonable compensation claims to be made.

9.1.4 Compensation Range: For minor damage, our compensation typically ranges from $50 to $150, depending on the severity of the damage. All claims are assessed carefully, and compensation is provided for reasonable claims only.

9.1.5 Unreasonable Claims: Unreasonable claims, such as requesting a new refrigerator for a minor scratch or demanding excessive compensation for minor cosmetic damage, will not be considered.

9.1.6 Policy on Electronic Items and Client Presence: Please be aware that claims related to the malfunctioning of electronic items will not be included in our liability coverage. Due to the nature of our services, we are unable to verify the operational state of electronic items prior to loading them onto our trucks. We handle all items in good faith, assuming they are in working order unless otherwise noted.

9.1.7 To ensure the utmost transparency and satisfaction: Client presence is highly recommended during both the loading and unloading of your items. This allows you to oversee the handling process and immediately note any pre-existing damages or concerns with your belongings.

This policy helps us maintain fairness and accountability in our moving services, protecting both your possessions and our operational integrity.

We strive to handle all your belongings with the utmost care and respect, and we appreciate your understanding and cooperation in adhering to our claims process to make your move as smooth and trouble-free as possible.

10. Time limits for claims

We shall not be liable for any loss or damage to any goods unless a claim is notified to us in writing within seven days of the date that the goods were delivered to their destination. Unless agreed by Us in writing You must begin court proceedings against Us within six months of the date that the damage or loss of the goods was occurred. If You do not do so any right to claim compensation may be lost.

11. Sub-contracting the work

We reserve the right to sub-contract some or all of the work to other persons, firms, or companies.

12. Our Right to Hold the Goods (lien)

We shall have a right to withhold and ultimately dispose of some or all of the goods if you fail to pay the charges and any other payments due under this or any other agreement. These include any charges that we have paid out on your behalf. While we hold the goods and wait for payment, you will be liable to pay all storage charges and other costs and expenses incurred by withholding your goods and these terms and conditions shall continue to apply.

13. Disputes

If there is a dispute arising from this agreement, which cannot be resolved, either party has the right to refer the matter to the Australian Dispute Resolution Centre.

14. Applicable law

This contract is subject to the laws of Australia and the exclusive jurisdiction of the Australian courts.

15. Data protection

We will only use any personal data you provide to Us for the purpose of fulfilling our obligations under this Agreement. We will not share any personal information provided by You with any third party unless required to do so by law.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.