These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means the Remover. These terms and conditions can be varied or amended subject to prior written agreement We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy. Quotation is addressed and the party by whom the acceptance is signed, and “Your” has a corresponding. Our Quotation meaning: Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, port charges including (but not limited to)
  1. “Goods” means all furniture and other effects which are:
1.1 We have a 2.5-hour minimum charge on local Sydney Metro moves, moves outside Sydney metro have a minimum 4-hour charge and 10% fuel levy. 1.2 If you pay by credit card a 2.5% surcharge will be applied to the total. 1.3 If there is a toll on the route to your destination, we will use this and add to the bill any costs we absorb. 1.4 If you request wrapping i.e., Plastic wrapping beyond the free offer amount will be added to the bill. Boxes are refundable ONLY if they are returned to us in a REUSABLE condition, if not reusable, NO refund is allowed. 1.5 Heavy Items will incur extra charges and in addition to this, heavy items that are moved upstairs will incur further charges. 1.6 “Services” means the whole of the work to be undertaken by US in connection with the Goods including removal and (if applicable) storage. 1.7 “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; in this case it is CITY REMOVALISTS AND STORAGE PTY LTD performing the activity and responsible for its performance. 1.8 Words in the singular include the plural, and words in demurrage, inspections, or any fees, or taxes payable to be the subject of the Services: government bodies or agencies. one terms on www.cityremovalist.com.au/terms-of-services/ or more genders include all genders.
  1. If you cancel the move the deposit is non-refunded
  2. We have 3-hour window for arrival on all moves due to unknown delays from previous jobs or unavoidable road / traffic conditions.
3.1 Sydney Metropolitan Move Cancellations 3.1.1 If you cancel a booking and do not give Us 24-hours’ notice, a cancellation fee of $150 plus GST will apply. 3.2 Outside Sydney Metropolitan Cancellations 3.2.1 If you cancel a booking and do not give Us 24-hours’ notice, a cancellation fee of $250 plus GST will apply.   4.If you insist, we park illegally to get the job done easier, quicker or for whatever reason the cost of the ticket will be added to the bill. Definitions In these conditions: “We” means City Removalists and Storage Pty Ltd. Trading as CityRemovalist.com.au and “US” and “Our” have corresponding meanings; for 1.“You” means the party entering into the agreement and delivery of the removal. Services with Us, and includes the party to whom Our left in them. 2.Where We provide You with inventories, Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods. 3.Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. 4.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. 5.Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. 6.Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.  
  1. 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 address and telephone number during removal transit and/or storage of goods.
  2. Arrange appropriate transport, storage or disposal of goods listed in clause
  3. 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.
Your Responsibility
  1. It will be your responsibility to Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited.
  2. Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
  3. Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
  4. Be present or represented throughout the collection.
  5. Provide Us with a correct and up to date contact
Our Liability for Loss or Damage
  1. We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item.
  2. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item. You agree to pay a higher price for the work as stated in Condition (Our Quotation). Unless otherwise agreed in writing if we are negligent or in breach of contract. We will pay You up to $30 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
  3. 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 person and for carriage of any goods or classes of goods at Our discretion. 3.Your Obligations and Warranties 3.1 Information supplied by You. You warrant 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 means. entering into this agreement, you are either the owner of the goods or the authorized 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 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 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 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 store) or stored are uplifted by us and that none is taken in error.
  1. Method of Carriage and Subcontractors
4.1 Mode of Carriage. We shall be entitled to in writing the presence and nature of any such items prior to carry the Goods by any reasonable route (having regard to all the circumstances including the nature and destination of any Goods being carried on the vehicle) and by any reasonable means. 4.2 Subcontractors. The subcontractor if any is City Removalists Storage Pty Ltd ABN 85600228377 they may conduct the whole or any of the. 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 of Our Subcontractors. For the proposes of this sub clause, we are, or deemed to be, acting as agent to trustee on behalf of each of the person referred to, and each of them shall to that extent be deemed to be parties to this agreement. 5.Delivery 5.1 We shall not be bound to deliver the Goods except to you or a person authorized by you to receive the goods. If we cannot deliver the Goods either because there is no authorized 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 upload 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 other arrangements.
  1. issued a Tax invoice
If you require storage facility it will be you the client that is responsible to make prior arrangements with a suitable storage facility of your choice; cityremovalist.com.au does not offer storage nor have any preferred storage facility nor will it make any recommendations to use any storage facility. 7.Charges and Payments The initial callout fee payable at the time booking, all other payments such as but not limited to the whole or part of the moves total is payable to the company City Removalists Storage Pty Ltd responsible for your move. 7.1 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 (expect where that prevention or delay results from a factor within Our control). We will also be entitled to make a reasonable additional charge. We will also be entitled to reimbursement from you of any amount which we have required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods. 7.2 Alteration of Dates. If a date for the performance by US of any Services Us agreed upon in the quotation and acceptance or subsequently, and You require that date to be altered or the Goods are not available on that date, we will also be entitled to make reasonable additional charge for nay loss or additional expense occasioned by such alteration or unavailability. 7.3 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 the payment or, if no date set for payment, within 14 days of the date of invoice, you agree to thereupon pay the charges. 7.4 Default Charges. If amounts are outstanding the amount you have paid from City Removalists Storage Pty Ltd outstanding for period of 26 weeks, We may give 28 days’ written notice to You of intention to sell, and of the outstanding amount is not paid within that period, We may SELL ALL OR ANY OF THE GOODS by public auction or if that is not reasonably practicable, by private treaty and apply the from you to us for more than 30 days., we will be entitled to charge interest at the Commonwealth Bank maximum personal net proceeds in satisfaction of the amount due.
  1. Loss or Damage
Private Removals and Storage overdraft interest rate for amounts not exceeding $100,000 from time to time, calculated on daily rests. 8.1 Contractual Liens. All Goods by us will be subject to general lien for any moneys due by You to Us relating to any Services provided under this or any other agreement. Without prejudice to any other rights which we may have under this contract or otherwise at law, if any amounts have been. 8.2 Australian consumer Law. Except where the Services are required by You for the purpose of a business, trade, profession or occupation in which You are engaged this agreement will be subject to the guarantees set out in sections 60, 61 and 62 of the Australian consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) 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. 8.3 Exclusions. We will not be liable for any loss or damage nor any delay which result any cause beyond our control. 8.4 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. 8.5 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific Instruments, and certain musical instruments) are inherently susceptible to suffer damage or disorder upon removal, unless that damage or disorder results from the want of due care and skill on our part, we will not be liable of damage if their notification is given to us within 2 working days. 8.6 Notification of Loss or Damage. Any claim for loss or damage under this clause 8 be notified by you to Us in writing, or by telephone and later confirmed in writing, within a reasonable time after the date of delivery we will have the best chance of locating any misplaced items or ascertaining the cause.
  1. Loss or Damage – Commercial Removals and Storage 
9.1 Application. If the Services are required by you for the purpose of a business, trade, profession, or occupation in address which you are engaged, the following conditions of this clause 9. 9.2 Claims. In circumstances where We are liable under sub clause notice of the claim must be given by You to us as soon as possible, and written notice must be given within 14 days of the date of delivery or, in the case of loss, the date upon which the goods would ordinary have been delivered, failing which we will have no further liability.
  1. Insurance
10.1 Insurance. You may, of course, arrange Insurance with an Insurer of your choice. 10.2 Assignment. If we, in discharge of any liability, make payment of any amount to you in respect of loss of damage to or delay in delivery of the Goods, you hereby assign to us rights which you have under any policy of insurance to recover that amount and you hereby irrevocably appoint Us as your attorney with full power in your name to claim and recover that amount and you will execute all the documents and provide all the information as may be necessary to enable US to obtain the full benefit of this clause.
  1. Disputes 
11.1  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. 11.2 Dispute Resolution. If you and we cannot resolve the dispute between Us, you are entitled to refer dispute to the fair-Trading NSW. 12.Variation and Notice 12.1 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. 12.2 Notice. Any notice to be given by us to you may be given personally or by prepaid addressed to your address last known to us, or by facsimile to a facsimile number at that address, or by electronic mail.
  1. Applicable Law
13.1 The law which governs this agreement will be law applicable in the place which the agreement is made.
  1. We will hold the goods if customer doesn’t pay for the job
  2. Payment must be done upon reaching the delivery address.
  3. If payment is not done at delivery, we will take the items back to our storage and additional charges will be applied for the storage and other associated costs.
  4. Local Moves for Customers in Queensland
17.1 We will charge a call out fee based on the time it takes us to travel from OUR depot in Brisbane Metro to the customer’s pickup address. 17.2 If travel is over 1 hour, whether from OUR depot in Brisbane Metro to the customers pickup address or from the customers pickup address to the customers delivery address we will charge the customer a fuel levy of 10 percent.
  1. Local Moves for Customers in Victoria
18.1 We will charge a call out fee based on the time it takes us to travel from OUR depot in Melbourne Metro to the customer’s pickup address. 18.2 If travel is over 1 hour, whether from OUR depot in Melbourne Metro to the customers pickup address or from the customers pickup address to the customers delivery address we will charge the customer a fuel levy of 10 percent.
  1. Backload Services
19.1 No times can be given as this is a shared service and delays can happen any time without notice. 19.2 Backloads usually have a 3–7-day turnaround, however it can take up to 20 days for delivery due to unforeseen circumstances beyond our control, and in some instances it can take longer. 19.3 If the total cubic inventory exceeds the original quoted amount, additional charges will apply. 19.4 Full payment MUST be done at delivery and if full payment is not received the items will not be unloaded from the truck.  
  1. Difficult Access
  20.1 If there is difficult access at the pickup or delivery during the loading or unloading phase extra charges will apply.
  1. Premium Services
21.1 If the total cubic inventory exceeds the original quoted amount, additional charges will apply. 21.2 Full payment MUST be done at delivery and if full payment is not received the items will not be unloaded from the truck.
  1. Metropolitan and Regional Services within NSW, QLD, VIC, SA, or WA
22.1 If the total cubic inventory exceeds the original quoted amount, additional charges will apply. 22.2 Full payment MUST be done at delivery and if full payment is not received the items will not be unloaded from the truck.  
  1. Disputes with Us
23.1 If a dispute arises between you and City Removalist and Storage, our primary objective is to address your concerns promptly and, if necessary, offer you a means to resolve the dispute efficiently. We highly encourage you to first reach out to us directly for seeking a resolution by using our customer support website or by emailing us at operations@cityremovalist.com.au. 23.2 In the event of any claim, City Removalist and Storage may choose to resolve the dispute using a cost- effective approach, such as binding non-appearance-based arbitration. If arbitration is elected, it will be initiated through a recognized alternative dispute resolution (ADR) provider, chosen by you from a panel of ADR providers that City Removalist and Storage will provide. The arbitration process will adhere to the following rules:
  1. a) The arbitration may be conducted via telephone, online, and/or based solely on written submissions, depending on the preference of the party initiating the arbitration.
 
  1. b) The arbitration shall not require any personal appearance by the parties or witnesses, except when mutually agreed upon by the parties.
 
  1. c) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
  2. Claims
24.1 All claims you bring against City Removalist and Storage must be resolved in accordance with the terms of this Agreement. Any claims filed contrary to this Agreement will be considered improperly filed and a breach of this Agreement. If you file a claim against the terms of this Agreement, City Removalist and Storage may seek to recover its legal fees and costs (including in-house lawyers and paralegals) after notifying you in writing of the improperly filed claim, if you fail to promptly withdraw the claim. 24.2 You agree not to pursue any claims arising under this User Agreement on a class or other representative basis and will not attempt to coordinate or consolidate any arbitration or action related to this Agreement with any other proceeding. 24.3 If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, City Removalist and Storage will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in enforcing this Agreement.   24.4 City Removalist and Storage’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  1. Indemnity
25.1 You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers, and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party while using the Website and City Removalist and Storage. 25.2 In addition, we can charge extra fees against any liabilities you owe to us, or loss suffered by us because of your non-performance or breach of this User Agreement.  
  1. Legal Limitations
26.1 As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding, or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement. 26.2 You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
  1. Notices
27.1 Legal notices will be served or to the email address you provide to City Removalist and Storage during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. 27.2 Any notices to City Removalist and Storage must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).  
  1. Law and Forum for Legal Disputes
28.1 This Agreement will be governed in all respects by the laws of New South Wales, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and City Removalist and Storage irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.  
  1. Storage
29.1 We provide a storage service, and it is the responsibility of the customer to acquire insurance from an insurance provider for their item(s) against damages or loss whilst their items are in storage. 29.2 We do charge an unloading/loading fee if items are kept in storage. 29.3 If you require access to your items in storage, you will need to call and arrange an appointment due to work safety and security reasons, no civilians are allowed on site.
  1. General
30.1 City Removalists & Storage Pty Limited, mailing address: PO BOX 3093 Wetherill Park NSW 2164 30.2 This Agreement contains the entire understanding and agreement between you and City Removalists & Storage Pty Limited. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.