AGREEMENT FOR MOVING AND PACKING

1. Introduction

Definitions in these conditions

1.1 "We" means P S RANA PTY Ltd having ABN 60 627083416, 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 "Goods" means all furniture and other effects which are to be the subject of the Services.

1.4 "Services" means the whole of the work to be undertaken by us in connection with the Goods including removal and (if applicable) storage.

1.5 "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.

1.6 "Container" means the shipping container, or storage module we provide, including all packing materials

1.7 "Storage Facility" means any of the Warehouses premises we occupy and or our destination agent occupies;

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

1.9 These terms and conditions can be varied or amended subject to the prior written agreement.

In Clauses 11, 12, and 13; we limit our liability for any loss and damage to certain factors that are beyond our control. Our team of professional movers endeavours to move your possessions carefully however on some occasions damages do occur. We recommend you arrange the insurance to cover your goods or premises.

2. COMMON CARRIERS

WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse, at our complete discretion, to quote for the carriage of goods (or any class of goods) for any person.

3. YOUR GOODS

You agree & acknowledge that:

1. You are either the owner of the goods and/or property ("Goods"), or the authorized agent of the owner of the goods.
2. You will ensure that all Goods in the Move are not dangerous or likely to become dangerous during the Move.
3. You have full responsibility for packing the Goods prior to the Move.
4. You will not hold us liable for any damage caused to your Goods arising as a result of them not being adequately protected and appropriately packed as required in condition 3(c).
5. You must advise us of any packing services requirement, any fragile goods, or goods requiring special treatment, prior to the commencement of the Move.

4. SERVICES

1. We will provide moving services through the provision of transport, labor, and moving expertise ("our Services) in accordance with these terms and conditions.
2. We will pack the goods if the service for the packing has been taken specifically by you.
3. We can use Subcontractors to undertake the whole or any part of the Move. If we sub-contract, then these conditions will still apply.

5. INSURANCE

We do agree to provide a standard Public Liability Insurance. For more information about the insurance, please see the details given below.

1. Coverage of Public Liability Insurance is up to $5 Million. Access for the Public Liability insurance is $500 which is payable by the customer. A copy of the Certificate of Currency is available on request.
2. We do not provide Goods in Transit Insurance.
3. We do not provide complete insurance coverage and strongly recommend that you arrange your own insurance. We suggest checking for removals insurance where you can get an instant quote and/or instant cover. Our team of professional movers endeavors to move your possessions carefully however on some occasions damages do occur.

6. FEES IF YOU CANCEL OR POSTPONE THE SERVICE

We reserve the right to charge the applicable fees for cancellation or postponing the move. Please check the below details for a better understanding of the fees.

1. If notice is given for more than 7 days, then there will not be any charge.
2. If notice is given between 2-6 days, then there will be a $75 fee.
3. If notice is given for less than 2 days, then there will be a $150 fee.
4. On the day after starting the job, if you chose to cancel then we will charge the minimum cost given for that move.

7. OUR QUOTATION AND FEES

1. An hourly rate/flat rate payable for our Services provided during the Move; plus additional fees like a call out, return cost, depot to depot cost, fuel charges, Stairs fees, heavy lifting charges, and Any special heavy items charges will be applicable, whichever are agreed with you in writing prior to the commencement of the Move.
2. In determining the fees payable to us under these terms and conditions, our Services and the Move commence at the time we arrive at the first address and complete at the time you pay all fees owing to us in accordance with condition 8.
3. We reserve the right to ask you to make the payment upfront or during the LOCAL OR INTERSTATE MOVES or you must pay all fees owing to us immediately on completion of the Move else we have the right to store the goods in our custody until the payment is cleared. Our quotation, unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.

8. DURING THE MOVE

1. Method of carriage we are entitled to transport the Goods by any reasonable route we select.
2. Present during the move. 1. Either you or an appointed adult representative must be present at all times during the entirety of the loading and unloading of the Move. 2. It is your responsibility to ensure that all Goods we load are unloaded at the destination at the completion of the Move.
3. The truck must be parked at the "loading zone" or on the road. However, if clients require the truck to enter their driveway, therefore, any damage to the property caused will be the responsibility of the client.
4. Completion of the move.

9. DELAYS IN TRANSIT

• We will do our best to arrive within the time slot provided to you while booking. As already explained, it is the estimated time only for the arrival. So, it may vary depending on the earlier customer jobs. This scenario is completely out of our control.
• Delays may happen due to bad weather, traffic accidents, Truck mechanical failure, any medical emergency, etc.
• We shall not be liable for delays or failures to provide the services under this Agreement as a result of Act of God, adverse weather, third-party industrial action, rescheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
• We do not accept any responsibility for any customer"s losses due to unforeseen or out of our control delivery/pick-up delays.

10. PARKING

We will park anywhere safe you ask us to, EXCEPT in a Clearway. If the parking space is not legal, you can ask us to find a legal spot further away. Any parking fees we pay or infringements we receive will be added to the cost of the job. All our vehicles are eligible to use Loading Zones, however, time limits always apply.

11. TIME FOR DAMAGE NOTIFICATION FOR CLAIMS

(a) NOTIFICATION OF DAMAGE

1. You MUST inspect all Goods as they are unloaded.
2. Immediately following your inspection under condition 11(a)(i), you must notify us of any damage caused to your Goods during the move and you must inform in writing to us via email. Or you must list any damage to the goods on the booking sheet available with our team. We will not be liable for anything reported once our team left from your property.

(b) OUR DAMAGE ONLY

As you have the right to participate in the move, so we are not liable for any damage not caused solely by us.

12. OUR GUARANTEE

1. Subject to compliance with these terms and conditions 12(a) to condition 12(c), we guarantee that our Services will be executed with due care and skill. To the extent we cause damage to the Goods ("Damaged Goods") as a direct result of failing to exercise due care and skill during the Move, we will at our sole discretion:

1. Repair the Damaged Goods to as near the condition prior to the damage occurring;
2. Replace the Damaged Goods if a repair cannot be performed;
3. or compensate you for the damage caused to the Goods.

(a) Option to Repair

Where we elect to repair any Damaged Goods under condition 12)(1)(i), the repair will be made as near the condition prior to the damage occurring, and will strictly be limited to the affected area of the damage only. Any repairs will be undertaken by the skillful repairer of our selection and you must make the Damaged Goods available to us to undertake the repair.

(b) Option to Replace

Where we elect to replace the Damaged Goods under condition 12(1)(ii), the replacement will be as near to the condition the Goods were in prior to the damage. For the avoidance of any doubt, any damaged used Goods are not required to be replaced by new goods.

(c) Option to Compensate

Where we elect to compensate you under condition 12(1)(iii), we will only be liable for loss or damage resulting from our negligence, and in any event that liability will be limited to a maximum of $100 per item or package or a maximum $1000 in respect of all goods moved under this agreement(whichever is the lesser)."

Where a replacement or compensation is offered, this is not a "new for old" service. The valuation will take into account the age, depreciation, and wear and tear of the item.

• Competition and Consumer Act:

The promise to repair, replace or compensate provided by us is in addition to any rights that you may also have arising from the Competition and Consumer Act 2010 or other relevant consumer law. Those additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and any remedies arising, therefore, are modified and limited to the fullest extent permitted by law.

13. Exclusions of LIABILITY

We always ensure to provide the customer with a hassle-free move. So, we will provide you coverage for any damage that happens due to mishandling, or dropping off the goods by our team. However, we exclude the liability in the below cases.

Note: Nevertheless, we take extra care of your belongings, while moving, minor scratches on the floor/walls/goods sometimes may happen. This depends upon various factors i.e. access to the properties/narrow stairs access/enclosed section of particular goods, heavy/delicate goods.

To the fullest extent permitted by the law, we specifically exclude and limit any liability under our Guarantee, these terms, and at law that arises from:

1. Unconfirmed Items: where items have been added to the moving list without consultation with office staff prior to the day of the move.
2. Identified Risks: Company is not liable for the damage where the existing condition/circumstances of an item OR a particular direction or instruction contravenes our normal workmanship standards like for moving Pianos and Pool Tables requires a minimum of 3-4 movers depending upon the size and weight of the item but if done with inappropriate manpower, It will be verbally agreed between you and us relating to existing conditions/circumstances of an item and hence will not be covered by this guarantee.
3. Unknown Risks: where the damage arises from conditions or things which are not known to us, for example from a defect in any Goods that is not immediately obvious.
4. Inadequate/inappropriate packing: where damage has arisen as a direct or indirect result of you failing to adequately protect and appropriately pack the Goods.
5. Inadequate notice: where you fail to notify us of the damage to the Goods at the time of completing the Move in accordance with Clause (11).
6. Unavoidable Risks: self-assembled furniture that has not been flat-packed for transport, electronic goods & white goods not packed in their original packaging like Television or appropriate box suitable for transport, items in excess of safe lifting limits, marble or masonry items, mattresses not in protected wrapping, pot plants or fish tanks or any other item whereby moving such an item can cause unavoidable damage due to the nature of that item.
7. Electrical Goods: internal damage to electrical goods where we have caused no external damage, as some items may develop unavoidable faults no matter how carefully handled.
8. Televisions: due to their inherent design, it has been found that damage can occur to curved televisions even when properly packed and handled, and as such are excluded from any guarantee.
9. Non-structural damages: where the damage to an item or property is of a cosmetic nature such as surface dents or scratches.
10. Consequential loss or damage: any consequential loss or damage arising in respect of the Move or any damage caused during the Move to the Goods, other items that are not being moved, or the property at which the goods are being removed from or delivered.
11. Sets: Where an item is part of a pair, set, suite, or collection of items, our liability shall extend only to the proportionate part of the pair, set, suite, or collection of items, regardless of any special value the damage or lost part may have as part of such pair, set, suite or collection of items.
12. Transport damage: where the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision, or overturning and we are compensated by our insurer, you will only be entitled to compensation to the extent such compensation is covered by our insurance.
13. Mobile storage: where items have been moved into a mobile storage container.
14. Fees: where you fail to make full payment of the fees owing to us in accordance with these terms and conditions.
15. Gratis work: any move which is completed for no charge to any parties involved is excluded from this Guarantee.
16. Single removalist moves: any move involving only one member of staff is excluded from this Guarantee.
17. Glass, Stone items: Items of glass/mirrors not properly packed or wrapped securely. This includes picture glass, table tops & glass cabinets. Stone, including marble, granite, composite or similar items. We will take extra care and precautions while moving these items if they can be safely moved, however, we do not provide coverage for these items under our insurance because of their extremely fragile nature.

14. FURTHER CONDITIONS OF ENGAGEMENT

1. We reserve the right to suspend work or vacate a property due to any issue endangering the health & safety of our staff, contractors, or sub-contractors.
2. We reserve the right to refuse to transport any item where the weight of that item exceeds our safe-lifting limits (32kg for one man, 80kg for two men).

15. TOLL CHARGES

There will be an extra charge when passing through Any Tollway and the customer will be charged for the same. (Unless otherwise stated in writing).

16. LIEN OVER GOODS

To the fullest extent permitted by the law and in addition to any other rights we may have at law, all goods we receive are subject to a general lien for any money due by you to us relating to the Services provided by us in the Move. Unless otherwise agreed by us in writing, payment is required in full by cleared funds at the time of booking the removal or storage period. In default of such payment, we reserve the right to refuse to commence removal or storage until such payment is received.

17. VARIATION

We reserve the right to vary these terms and conditions at any time subject to written notice being given to you prior to the Move.

18. COSTS

You are liable for any additional cost(s) incurred by us, as a result of a breach of these terms and conditions.

19. SEVERANCE

Any provision in these terms and conditions which is prohibited or unenforceable is to be severed and read down to the extent necessary to make these terms and conditions enforceable unless it would materially change the intended effect of these terms and conditions.

20. APPLICABLE LAW

These terms and conditions are governed by the law in force in Brisbane. You agree to submit to the non-exclusive jurisdiction of the courts of Brisbane

IMPORTANT THINGS TO NOTE - For Your Interstate Move.

Pick up and Deliveries

Please note your Pick up is scheduled for the dates specified in the confirmation email. The drivers will arrive at the estimated time specified and will give you a call 1 hour before arrival. We will keep you informed about any potential delays if there are any. The Driver will let you know the exact day of delivery. Please allow sufficient time for each delivery.

All Job Payments

Please Note: Full payment is to be paid at the pick-up address via Card (3 % surcharge applicable), Cash, or bank transfer (Cleared by Pick up date) unless the customer is at the drop-off address or not available. The Card must be present at the time of making payment as we do not support over-the-phone payments.

Backloading Policy

Unless expressly stated otherwise in our booking confirmation email to you, with our Backloading service you understand and agree that the deliveries may take from 1 to 7 days from the date of collection.

Insurance Details

The Company has all the necessary equipment required to carry out the work agreed such as heavily padded blankets, bubble wraps, ropes, and straps. We disclaim all liability for damage caused during transit. Please note we are only covered by public liability insurance. Clients are encouraged to get their own insurance cover from third-party insurance covers such as Yes insurance or Removal insurance.

Due care and skill

We as removals will do everything to protect fragile items, glassware, and furniture items - Please note - We will not be liable for any damage if the items are broken, scratched, dented, or damaged during transit.

Notice of loss or damage

At the time you accept delivery, you will be required to sign an inventory job sheet to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to claim any missing items, you must do so within 24 hours from the time you accepted the delivery. Your failure to notify us of any loss or damage will result in a waiver of your right to claim any loss or damage from the company thereafter.

Goods Storage

In the event - the goods are stored at our storage - a re-delivery charge will be applied at an hourly rate. We recommend taking adequate insurance for the stored goods.

Extra Stuff

Please Note: We normally have enough space to pick up extra stuff which is not on the inventory list with current cubic meter rates, but in the event, we do not have enough space, we would organize another truck for you at an additional cost.