Provision of Services and Quotations
1) The Customer acknowledges and agrees that acceptance of a quotation is deemed unconditional acceptance of JMs terms and conditions as amended from time to time.
2) A Quotation is considered accepted when the Customer pays the required deposit
3) To secure a booking, the required deposit must be paid no later than 5 business days prior to the provision of the Services. In the event that the deposit is not paid, JM is under no obligation to provide the Services. JM is unable to guarantee to secure the booking if the deposit is not received 5business days prior to the provision of the Services. If deposit is paid after this timeframe and JM is unable to secure and guarantee your booking, or can not reschedule the booking, your deposit will be refunded.
4) It is acknowledged that a Quotation is merely an estimate of fees charged to the Customer based on numerous factors as well as Customer advice (including but not limited to estimated cubic metres, inventory list, access and stairs). Accordingly, final fees charged to the Customer may differ from those estimated in a Quotation. JM will use best endeavours to advise the Customer of any change of fee estimates which vary from those provided in the Quotation. JM is not responsible for a variation of fees charged to the Customer in the event that the Customer has provided inaccurate or misleading instructions in JM’s sole opinion which have been relied upon to prepare a Quotation.
5) Unless mutually agreed otherwise, the minimum fee payable by the Customer for the Services is on the basis of the provision of four (3) hours of Services provided by JM, regardless of the actual hours of attendance.
6) JM are able to do small jobs without a (3) hour minimum, if arranged to be completed in the afternoon.
7) Service fees are charged from the time JM leaves its designated depotuntil it returns to the same. Quotations are estimated on this basis.
8) Additional time and charges will be added to your move in the following instances:
a) The Customer is late to a pre-scheduled commencement time. The Customer will not be charged additional fees in the event that JM is late.
b) Advice provided by the Customer to assist in preparation of the Quotation is inaccurate or materially changed without notice.
c) Where JM is required to wait additional time. For example, due to delays in conveyancing settlements.
d) JM is required to retain chattels due to failed conveyancing settlements or otherwise.
e) The Services are required to be rescheduled by the Customer without sufficient notice.
f) Items such as furniture or white goods have not been dissembled or disconnected when this was anticipated to occur in accordance with the Quotation.
g) JM’s Services are delayed due to road traffic or road works.
h) In the event of extreme weather. For example, temperatures over 38degrees, thunderstorms or heavy rain and customer wishes to proceed and JM agree.
Payment
9) JM’s payment terms are strictly on the completion of the Services.Payment will be taken on-site prior to departing for the JM depot. Return todepot charges will be an estimation from google maps. A Deposit of $400 or $600is required to secure your booking unless agreed otherwise.
10) In the instance that payment isn’t received at the completion of the Service, JM reserves the right to charge penalty interest on any overdue sum at a rate of 10% per annum calculated daily if not paid within 24 hours from issue of an invoice to a Customer unless mutually agreed otherwise.
11) A 1.3% surcharge applies for all payments made by credit card. JM will provide facility for credit or debit card payments on completion of all jobs.If you do not wish to pay by credit card, we will accept a bank transfer or cash payment before our departure.
12) JM will not accept personal cheques as payment.
13) JM will accept credit card payments (with a 1.3% surcharge) bank transfer, or cash payments only.
Cancellation
14) In the event a Customer cancels provision of the Services within 48hours prior to the intended commencement time and date, the Customer unconditionally forfeits any deposit paid to JM. JM will always apply their best efforts to reschedule.
Work safety
15) JM has an obligation to its staff to ensure a safe workplace. If an item requires additional personnel to move (e.g. two staff members are booked but the item requires three persons to lift), JM reserves its right to charge additional fees in order to attend to completion of the Services in a safe and timely manner.
16) JM cannot move items which have not been safely packed (in JM’s sole discretion) or if there is a OH&S risk to staff members in undertaking the Services.
17) JM will not move hazardous goods or goods that JM considers hazardous inits sole discretion, including but not limited to fuels, liquids, items such as lawn mowers which contain fuel, gas bottles, flammable materials or otherwise.
18) The Services may not be provided in the event of extreme weather. For example, temperatures over 38 degrees, thunderstorms or heavy rain.
19) In the event JM or its staff consider provision of the Services may cause damage to the dwelling or the item/s itself, JM may refuse to move such items if in JM’s opinion this cannot be done safely. If JM is instructed to provide the Services, regardless and JM agrees to it, JM is absolved of any liability, damage or otherwise in relation to the provision of the Services.
20) JM is entitled to immediately terminate the provision of Services and retain any deposit paid in the event that the Customer or its agents are abusive or threatening to JM and/or its staff.
21) Staff of JM are entitled to take breaks in accordance with workplace law, JM policy or otherwise. The Customer is not charged fees for the Services during staff breaks as the Services are not being provided. Such breaks are factored into Quotations.
22) JM and its staff are entitled to refuse or adhere to any unreasonable instructions provided by the Customer.
Customer responsibilities
23) The Customer is solely responsible for:
a) Safe packing of goods to be moved (Unless it is arranged to be packed by JM’s experienced packers)
b) To ensure that no items are missed or taken by mistake at collection or drop off.
c) To provide JM with instructions and access at each location.
d) To advise JM if any items are considered fragile goods or require special precautions when moved.
e) Advising JM of any provision of items which require industrial equipment (such as a scissor lift) to be removed. In the event such advice is not provided and/or incorporated into a Quotation (revised or otherwise), JM is entitled to refuse to remove such items.
Commencement of Services
24) For all morning bookings a start time of 7am (from our depot) is preferred unless otherwise arranged with JM.
25) JM will endeavour to arrive to provide Services scheduled for the afternoon on time or within one (1) hour of the scheduled time. JM will communicate to the Customer if there are delays in arrival. JM provides no warranty or guarantee of commencement of Services on time for bookings after 11am.
Additional services
26) JM (in most cases) will agree to provide the following additional services:
a) Disconnection of items such as trampolines, washing machines, Fridges(plumbed in) and dryers. b) Disassembly of items such as Ikea or any other flatpack items that were originally bought as a DIY assembly kit. JM will not reassemble flatpack items.
c) Other attendances which JM or its representatives identify as additional services or otherwise are not identified as Services within the Quotation.
2) The Customer acknowledges and agrees that if JM provides theaforemntioned additional services, it is on the basis that:
a) The Customer indemnifies and keeps indemnified JM and its representatives against any claims and/or actions made against JM or its representatives in relation to the additional services.
b) The Customer unconditionally releases JM and its representatives from any obligations or liabilities in relation to the additional services.
c) The Customer acknowledges that JM provides no warranty in relation to the additional services being carried out correctly.
d) That it is understood that the disassembly or reassembly of items may result in damage or impact on structural integrity to such items, as most items are inherently designed to not be disassembled and reassembled.
Damage and insurance
28) In the event of any damage which JM in its sole discretion deems to be its fault, JM will discuss the following options with the Customer:
a) Repair of damage to reinstate property as close as possible to its original condition;
b) Replacement of property if it cannot be reasonably repaired (taking into account inter alia the age, depreciation and wear and tear of the property in question); or
c) Compensation in lieu of sub-clauses (a) or (b) herein (taking into account inter alia the age, depreciation and wear and tear of the property in question).
29) JM will not be responsible for payment of repair costs to property where such costs are likely to exceed the pre-damage market value of the property in question.
30) JM is fully insured and will be responsible for damage in the event it considers that it has caused damage to property. The following is a list of circumstances where JM will NOT be responsible:
a) For boxes or tubs which have been packed incorrectly by the Customer but otherwise handled by JM in a safe and correct manner.
b) For damage to the electrical components of goods, including fridges and washing machines (noting that some items may develop unavoidable faults no matter how carefully handled)
c) When the Customer is not present during loading and unloading.
d) When the customer insists on assisting JM’s employees with physically lifting items to reduce time and costs
e) For Paintings, Mirrors or any other particularly fragile items are not bubble wrapped, boxed or labelled correctly.
f) When JM believes that another truck or another trip is needed to complete the job safely, due to the volume, shape, value of belongings or just the lack of preparation (packing) and the customer does not listen to JM’s advise and wishes for JM’s employees to attempt to cram it in.
g) If packing and preparation of property is not organised to a satisfactory standard prior to moving day. If JM in its sole discretion proceeds with the move, under the customers instructions JM is not liability for any damage.
h) For Televisions not packed in their original box, computer equipment,photocopiers, scientific instruments, musical instruments not in hard cases,architectural models, and sculptural artwork.
i) For pieces of glass not wrapped, or packed safely. This includes picture glass and glass cabinet shelving.
j) For stone, including marble, granite, composite or similar items,regardless of being bubble wrapped or not. We will take these items if they can be safely moved, however we do not cover these items under our guarantee due to their inherent fragility.
k) For flat packed furniture, or made of pressed wood, such as IKEA,Fantastic Furniture or similar. These items are inherently susceptible to suffer damage or disorder, no matter how carefully we move them. We recommend dis-assembly of such items before moving day to reduce these risks.
l) We will not cover any internal faults where the item was not mis-handled by us, and was secured properly in the vehicle.
m) The property is subject to pre-existing damage.
n) There is damage to property contained in boxes which have been packed by the Customer.
Storage
31) JM reserves the right to charge a storage/holding fee to the Customerwhich must be paid before such items are released from storage in the followingcircumstances:a) The Customer is unable to have the items unloaded at the destination forany reason including but not limited to failed conveyancing settlements,inability to access the destination or failure to provide JM with instructions.b) The Customer requests JM to store items and JM agrees.
32) In the event that JM stores items for the Customer, the Customer agrees:
a) It must insure its own items.
b) To JM wrapping and protecting all appropriate items with plasticprotectors, blankets etc at the customers expense.
c) will not be responsible for any damage or loss which occurs during storage.
d) JM will not store hazardous items.
e) If JM is unable to contact the Customer or the items are stored beyond agreed timeframes without payment, JM is entitled to consider such items as abandoned goods and begin the process (in accordance with the law) to obtain the goods in question.
33) Any moves booked with JM from other storage facilities other than JM’s facility will not be covered under our insurance (This includes mobile storage containers, PODS, taxi box, shipping containers etc) If it was not packed by JM, then we will take no responsibility for the goods unless items are dropped and broken during the unload or in transit.
Parking
34) The nature of the Services involves driving big trucks in residentiallocations. JM asks that the Customer uses best endeavours to secure availableparking within safe and reasonable distance to the pickup and drop offlocations. JM recommends the Customer to secure parking, prior to arrival.
35) JM requires that the Customer provides JM with any permits if applicable. If instructed by the Customer to park illegally, any fines or infringements incurred by JM will be the responsibility of the Customer.
36) JM will not park:
a) In a Clearway.
b) If it is unsafe which is at the driver’s discretion.
c) In restricted zones beyond the required timeframe.
Sub-contract
37) JM is permitted to engage any subcontractors or subcontract any of its obligations to provide the Services without the prior written consent of the Customer. JM will always ensure the highest quality is guaranteed.
GST
In this clause: “GST” means GST within the meaning of the GST Act. “GST Act” means the A New Tax System (Goods and Services Tax) Act1999 (as amended)
38) Except where stated otherwise an amount payable by a party for a taxable supply made by the other party in the Quotation is expressed as a GST exclusive amount.
39) If this agreement requires a party to pay an amount in respect of an expense or liability (“reimbursable expense”) incurred by the other party(“payee”) to a third party, the reimbursable expense must be net of any input tax credit to which the payee is entitled in respect of the reimbursable expense.
40) If a party makes a taxable supply under this agreement, then the party liable to pay for the taxable supply must also pay to the supplier the GST payable in respect of the taxable supply at the time payment for the taxable supply is due.
41) A party is not obligated under the aforementioned clause to pay the GST on a taxable supply to it, until given a valid tax invoice for the supply.
Whole agreement
42) The Customer agrees that it has relied entirely on its own before accepting the Quotation which read in conjunction with JM’s terms and conditions,contains the whole agreement between them superseding all prior oral and written communications.
Applicable legislation
43) The agreement with JM shall be governed and construed in accordance withthe laws of the State of Victoria.
Severability
44) Should any provision of these terms and conditions be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s)shall be null and void.
Variations
45) JM will only accept variations to Quotations which are mutually agreed in writing.
Definitions
- JM means Just Moved Group Pty Ltd 656 995 318 trading as “Just Moved” and/or “PrescottRemovals”.·
- Customer means the party whom JM is providing the Services to.
- Services means Storage or removalist services including but not limited to collection, transport and delivery of chattels on behalf of the Customer pursuant to any quotation provided.
- Quotation means a fee estimate for Services to be provided to the Customer on the terms and conditions contained there in
