TERMS AND CONDITIONS

1. Definitions

1.1 “We” means Outer Space Removals PTY LTD: 79 659 172 979, and “Us” and “Our” have corresponding meanings;

1.2 “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 signed, and “Your” has a corresponding meaning; 

1.3 “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;

1.4 “Goods” means all furniture and other effects which are to be the subject of the Services; 

1.5 “Services” means the whole of the work to be undertaken by Us in connection with the Goods including removal and (if applicable) storage;

1.6 “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;

1.7 “Third Party Provider” means any person who We have arranged to carry out any Ancillary Services;

1.8 Words in the singular include the plural, and words in one or more genders include all genders.

2. We are not Common Carriers

We are not common carriers and accept no liability as such. We reserve the right to refuse to quote for the carriage of goods for any particular person and for the carriage of any goods or classes of goods at our discretion.

3. Your Obligations and Warranties

3.1 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.

3.2 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.

3.3 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 the store.

 3.4 Dangerous Goods. You warrant that the Goods do not include any firearms 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 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 may refuse to remove or store such items. If We discover any article or substance of this nature after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any liability to You.

3.5 Fragile Goods and Valuable Items. You will, prior to the commencement of the removal or storage, give 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 objects, works of art, money, collections of items or precision equipment, in any case, having a value in excess of $1,000.

 3.6. Stains to Goods. You will, prior to the commencement of the removal or storage, give to Us written notice of any Goods which are subject to be stained and confirm that you want them to be wrapped up and extra protected. We are not responsible for possible stains that may occur during the move due to dust or dirt of a property.

3.7 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 the store) or stored are uplifted by Us and that none is taken in error.

4. Method of Carriage, Subcontractors and Ancillary Services

4.1 Method of Carriage. We 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 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. 

4.2 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.

 4.3 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 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 a party to this agreement.

4.4 Ancillary Services. We will or may, at Your request and as Your agent, arrange to have Ancillary Services undertaken by Third Party Providers, but We accept no liability, including liability for any loss or damage, arising out of the provision of Ancillary Service

5. Procedures

5.1 Prior to the starting time. Our team will be completely briefed about the job with the information you provided us. Once we agreed on a time slot for your move, we will give you an ETA (Estimated Time of Arrival) during that day. The Team will give you a call or send you an SMS when they are 5 minutes from your location, this is so you can be ready to show them where to park and give them a walkthrough of the job. 

5.2 Starting and finishing times.

–Time starts once the team arrives at the Pick-Up address. This means that the time taken finding parking will be included within the quote so be sure to have this sorted.

–Time finishes 15 minutes after we have dropped the last item. (This is the average time it takes to charge and start driving to our next job).

-This is not our only job for the day, we have allocated and specific time frame for this job. If you need us for the full day the minimum payment is 5 hours. We work 6 days a week from Monday to Saturday.

5.3 Safety. You will ensure that the conditions at every location are safe for our team to work. We will not be responsible for damages if there are wet floors, loose parts, broken items, or unsafe places. You are free to supervise Our team and truck at any time to ensure these conditions.

5.4 Service complaints. Any complaints due to the service provided must be shared during the job in order to take the due actions and solve the problem on site. We won’t accept complaints related to the service provided (too slow, care, etc.) once the job is done because you did not give us the chance to amend the problem while it still could be solved.

6. 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, 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. If this happens, We will endeavour to contact You to ascertain whether You have any alternate instructions.

7. Storage Conditions 

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.

8. Quotes

Our quote is for our minimum booking time. Don’t take this as a reference for how long the job will take. Our Quote depends on the day of the job. Be aware that Our rates are higher on Fridays and Saturdays.  

9. Charges and payments

9.1. Payment. Once the job is completed, Our team will let us know and We will request the “release of the payment” so We can mark the job as Completed. Be aware that the team won’t leave until the payment is made. We do not accept late payments. It should not take more than 5 minutes, if we go over this time this will be added to the total price of the job.

9.2 Extra charges.

  -The extra time is charged in increments of 15 minutes. This means that if we go over the estimated time there will be an extra charge every 15min.

-We start charging overtime after 5 pm, with hourly rate x 1.5

–Parking tickets are not included in our quote. The client will cover any parking cost incurred during the move.
We do not park illegally and we can’t afford to risk a parking fine. In other words, if we get a parking fine we will nominate the customer if he/she insisted on using such a parking spot.

-If the customer allows and authorizes illegal parking to speed up the job, the customer will be held responsible for any fines or accidents (other cars colliding, for example) when our truck is stationary. 

9.3 Variation of work required and delay. If the work You ultimately require Us to do varies from the work for which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Services or any part thereof, we will also be entitled to make a reasonable additional charge. 

9.4 Alteration of dates. If a date for the performance by Us of any services is agreed upon during the quotation and acceptance or subsequently, and You require that date to be altered within less than 24 hours in advance, We will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.

 9.5 Cancellation. Cancellations have to be done with at least 24 hours notice. We ask for a 2 hours deposit that won’t be refunded if the Client cancels with less than 24 hours notice. In case the Client has not paid a deposit, a 2 ours payment will be required if the Client cancels with less than 24 hours.

9.6 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.

9.7 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.

10. Loss or Damage – Removals and Storage 

 10.1 Australian Consumer Law. This agreement 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 rendered with due care and skill, and the following conditions of this clause 8 will apply.

10.2 Negligence. We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our 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.

10.3 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.  

10.4 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 a Subcontractor, We will not be liable. 

 10.5 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific instruments and certain musical instruments) are inherently susceptible to suffering damage or disorder upon removal. Unless that damage or disorder results from a failure to exercise due care and skill on Our part, We will not be liable. TVs need to be in a protective box, we can wrap them and cover them with bubble wrap and blankets but we won’t be responsible if something happens if it’s not inside a proper TV box.

10.6 Damage to Goods – Furniture Items. Be sure to take pictures of your property and items prior to moving (the same day or the day before). To be used as evidence in case of an incident, it must be in the same place where our team will find them. Be aware that If we don’t have this evidence, neither We or Our insurer will take responsibility for any damage. We are responsible for the items we move and will not respond if Third Parties are involved. In case we are responsible for the damage to any Goods, we will replace them between 2 and 3 weeks. We are not responsible if any items are damaged due to being overweight in Taxi Boxes or storage.

10.7 Lost, Stolen or Misplaced Items. We will only be liable for lost, stolen or misplaced boxes. This cap on Our 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 failed to reasonably secure the Goods whilst in Our custody or care. We trust that You make a quick check before we leave for the drop off to make sure nothing is left behind. It is the responsibility of the client to properly inspect the property before heading to the next location. This includes furniture, lights, doors and windows closed, plants, etc.

 10.8 Notification of Loss or Damage. You are responsible to confirm that all of the Goods have been delivered, there are no missing items or boxes and the Goods are in acceptable condition. Any claim for loss or damage under this clause 8 is to be notified by You to Us in writing, or by telephone and later confirmed in writing, as soon as possible and within a reasonable time after 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 24 hours. We will accept later notifications under special circumstances and only if the Client notifies us in advance that the pictures won’t be able to be taken within 24 hours.

11. Insurance

 11.1 Our Insurance. We offer to arrange for the Goods to be insured during transit and storage. Our insurances are Public Liability up to $10m and Goods in Transit up to $10k. 

11.2 Other Insurance. You may, of course, arrange insurance with an insurer of Your choice.

12. Disputes 

12.1 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.

 12.2 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 1800 671 806) which has procedures for dispute resolution, and We, but not You, will be bound by the outcome of that referral.

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 electronic mail.

14. Applicable Law

The Law which governs this agreement will be the law applicable in the place in which the agreement is made.