TERMS & CONDITIONS APPLYING TO RELOCATION SERVICES
The following terms and conditions apply to the provision of Relocation Services by or on behalf of Australian Piano Movers Pty Ltd ACN 165 552 241 (“APM”) to or on behalf of the Customer. In these terms and conditions Relocation Services means the removal, relocation, repositioning and conveyance of goods and chattels in accordance with the terms and conditions set out in this document. Where the Customer authorises, requests and permits APM to provide Relocation Services it is deemed to accept the terms and conditions set out in this document.
By requesting the provision of Relocation Services by APM the Customer acknowledges that it shall be necessary for employees or agents of APM to access and enter the Customer’s premises or other premises at the direction or request of the Customer. By its request for APM to provide Relocation Services the Customer warrants that all reasonable and necessary care has been taken to remove, minimise or alert APM to any existing or foreseeable latent and patent risks to the health and safety of the employees and agents of APM at the premises (whether it be one or more) at which the Relocation Services are to be conducted and the Customer hereby indemnifies and agrees to keep indemnified APM against any loss, claim, damages and expenses suffered or incurred by APM by reason of any injury to the person or property of APM employees or agents arising by reason of deficiencies or defects in the habitability, structural integrity or condition of any premises at which Relocation Services are to be conducted for, on behalf of or at the request of the Customer.
In consideration of the provision by APM of Relocation Services the Customer hereby indemnifies and agrees to keep indemnified APM against claims of trespass and unlawful entry and any costs, expenses, damages or losses arising thereby in respect of any premises at which the Customer requests or directs APM to conduct Relocation Services.
The Customer warrants that it is either the owner of the goods and chattels in relation to which the Relocation Services are to be performed or it is duly authorised to engage and direct APM to carry out the Relocation Services in respect of the relevant goods and chattels and shall indemnify and keep indemnified APM against any losses, expenses, damages and costs arising by reason of claims in the nature of unlawful interference with or damage to property.
The Customer agrees to arrange and ensure clear unrestricted access and egress to, from and within the premises (whether one or more) at which the Relocation Services are to be performed and hereby indemnifies and agrees to keep indemnified APM against any claim, loss, damages or expense arising on account of its failure to do so.
The Customer warrants the fitness and suitability of any goods and chattels it requests to be the subject of Relocation Services by APM and hereby releases and indemnifies APM from any and all claims of loss and damage arising on account of the unfitness or unsuitability of any goods and chattels that were the subject of Relocation Services by APM.
Any goods and chattels unable to be conveyed to their intended destination or which are for any reason left or required to remain in the custody of APM shall be held by APM on the terms and conditions then apply to Storage Services provided by APM. Where APM attends premises at the request or direction of the Customer but is for any reason unable to carry out Relocation Services through no fault of its own, APN shall be entitled to charge the Customer for such attendance.
The Customer covenants and agrees that where it has requested APM to provide Relocation Services to it in respect of its goods and chattels and such services are provided by APM, it shall be bound by and shall not dispute APM’s description of the condition of the goods and chattels at the commencement of the provision of the Relocation Services unless it provides APM with detailed and clear colour images/photographs of the goods and chattels at the commencement of the provision of the Relocation Services and APM has accepted the currency and veracity of the images/photographs.
The Customer agrees to pay the costs, fees, expenses and charges for the Relocation Services at the rates and calculated in the manner advised by APM prior to the provision of the Relocation Services. All such fees, costs, expenses and charges are to be paid in Australian dollars together with any applicable GST.
Payment of any invoices must be made as and when stipulated upon any such invoices or where advised by APM in advance in order for the provision of the Relocation Services to proceed.
If any amount payable by the Customer to APM is not paid when due APM shall be entitled to charge the Customer interest on the unpaid amount calculated daily at a rate being 1% greater than the Commonwealth Bank of Australia business lending rate then applying and APM shall be entitled to recover from the Customer as a debt due any and all reasonable expenses (including legal costs on a solicitor/own client basis and contingent expenses such as debt collection commission) incurred by APM in the enforcement of the Customer’s obligations under this Agreement and the recovery of monies due from the Customer to APM.
APM’s liability for any claim in connection with the provision of Relocation Services will not extend to any indirect or consequential loss (including but not limited to aggravated, special, punitive or exemplary damages, non-economic loss, loss of opportunity or loss of earnings).