Terms Condition
IMPORTANT: YOUR USE OF OUR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE BE AWARE OUR TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE AT OUR SOLE DISCRETION. WE WILL HOWEVER NOTIFY YOU ABOUT THE NEW AMENDMENTS OF OUR TERMS AND CONDITIONS BY WAY OF POSTING THEM TO THIS WEBSITE AT BETTEREMOVALIST.COM. YOU SHOULD CHECK THIS PAGE FROM TIME TO TIME TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES.
Definitions:
In these conditions:
"We" means BCIC Pty Ltd, and "Us"and
"Our" have corresponding meanings;
"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;
"Goods" means all furniture and other effects which are to be the subject ofthe Services;
"Services" means the whole of the work to be undertaken by Us in connection with the Goods including removal and (if applicable) storage;
"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 theServices;
Words in the singular include the plural, and words in one or more genders include allgenders.
“Contract” shall mean the contract for the removal or storage of goods made between the Contractor and the Customer as evidenced by the Quotation and these conditions.
GENERAL:
These Terms and Conditions shall apply to all contracts for the supply of Services by Us to the Customer and shall prevail over any other documentation or communication from the Customer.
1. Inappropriate behavior. We do not tolerate inappropriate behavior towards Us or our Contractors that harasses, intimidates, threatens or uses fear (either verbally, written or physical) by the Customer, this includes explicit language, racism and defamatory remarks. We will take whatever action is necessary (including legal action) against any person who is involved in threatening or abusive behavior. We reserve the right to terminate any Services immediately without refund. You the Customer agree to this and agree that you have no such claim to receive any refund.
PRICING& QUOTES:
Unless otherwise marked with the term ‘FIXED QUOTE’, all quotesare estimates only. Quotes are based on the estimates of an average house and room sizes.
All quotes are based on an hourly basis, the first 3 hours are fixed and then we charged in 1 hour lots.
We use reasonable endeavors to quote as accurately as possible however at times quotes are subject to change based on Us or the Customer identifying additional factors. Such factors are;
• The property is not as described by the Customer. For instance, the property has an additional room such as a bedroom, living area or study that requires more time and cartage.
• You have more moving boxes than specified.
• Access to either premise is limited;
• Flights of stairs on either premise,
• Goods that require specialist equipment such as a piano or pool table.
• Acts of god, such as storms and flooding.
• Traffic conditions, including detours and congested traffic.
• Weekends and Public Holidays
• Distance from truck to premise.
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 (except where that prevention or delay results from a factor within Our control), We will also be entitled to make a reasonable additional charge.
Payments to Third Parties, Parking fees, tolls fees etc .. We will be entitled to reimbursement from You of any amount We have been required to pay to a third party (other than a subcontractor) to obtain or effect delivery of the goods.
Contractor’s Rights and Obligations
The Contractor is not a common carrier and may refuse to accept for removal or storage any, or all goods for any person without being obliged to give any reason for such refusal.
The Contractor may assign the Contract without the consent of the Customer and the Contractor is authorised by the Customer to arrange to contract with any other person or company to provide the services to be performed hereunder or any part thereof as and upon such items and conditions as the Contractor may in its absolute and unfettered discretion deem appropriate and the Customer appoints and authorises the Contractor to enter into any such contract as aforesaid as agent and attorney for himself and for the owner of the goods and any person entitled to possession thereof.
The Contractor may at any time during the removal break the journey, transfer goods from vehicle to vehicle and travel to any destination by any route whatsoever and when goods are in store it may store the goods in any warehouse whatsoever.
Customer Responsibilities
The Customer warrants the accuracy of any information (other than estimates of value given to the Contractor) on which the Contractor reasonably relies in assessing the estimate of the resources necessary to carry out the work performed under the Contract.
In respect of any goods packed or removed or stored hereunder the Customer warrants that he or she has the right, power and authority to deal with such goods and to enter into this Contract and shall indemnify the Contractor against any claim against it by reason of any breach of such warranty. In the event that any goods may be lawfully seized, detained or removed from the custody of the Contractor the liability of the Customer hereunder shall remain in force and the liability of the Contractor to produce or deliver the goods shall thereupon cease.
The Customer shall prior to the commencement of the removal or storage give written notice to the Contractor of any goods which are:
of a fragile or brittle nature or which are not readily apparent as such,
orinclude any jewellery, plate, precious object, object d’art, work of art, medal, money, stamp, collection of items, fur, electronic or piece of precision equipment in any case having a value in excess of $300.00.
The Customer, or its agent is requested to be in attendance at the premises when the Contractor arrives and until the service is completed. It is impossible for the Contractor to give an exact time for the completion of services, therefore the Contractor cannot arrange for services to be carried out at specific times of day.
It is the responsibility of the Customer or its agent to ensure that all goods to be removed or stored are given to the Contractor and none is left behind or taken by the Contractor in error and the Customer shall indemnify the Contractor against any claim against the Contractor arising from breach by the Customer of this condition.
The Customer shall not tender for removal or storage any article or substance which is or may become of a dangerous corrosive inflammable explosive or damaging nature, nor anything likely to encourage any vermin or pest and the Customer shall indemnify the Contractor against any loss or damage which may be suffered by the Contractor through the presence of any such article or substance in any goods removed or stored for such Customer and against any claim made against the Contractor by any other person arising therefrom. In the event of discovery by the Contractor shall upon notification thereof immediately remove such article or substance from the place where the same is situated and if the Customer should fail to do so the Contractor may at its discretion remove, destroy or otherwise dispose of the same without in any way becoming liable to the Customer.
Delivery
The Contractor shall not be bound to deliver any goods except to the Customer or a person authorised in writing by the Customer to receive such goods, but may at its discretion.
If the Customer or a person authorised to receive the goods is unable to receive them at the place where they are to be delivered immediately upon their arrival or is unable to be contacted immediately prior to delivery and or, if the Contractor cannot by reason of circumstances beyond its control gain access to the place to which the goods are to be delivered, the Contractor shall be entitled to unload the goods in its own or any other storing place and such unloading shall be deemed to be delivery in accordance with this Contract and the Contractor shall be entitled to charge its normal charges in respect of storage and delivery of the goods thereafter.
PAYMENT:
A security deposit of the amount of the quote estimation will be held against an authorized Credit Card on the day before the scheduled move. This is to ensure the client has sufficient funds available for the job.
Unless agreed upon in writing, full payment for the services are to be made via Credit Card on the day of the service completion.
If you wish to book your move and hold a date, as security you must provide valid credit card details and a minimum 3 hours fee applies.
If you are paying via bank transfer, please send the remittance details to our office and allow 3 days for Bank clearing. Failure to receive remittance advice or payment within our bank account 1 day prior, will result in cancellation of your service and a forfeit of the booking fee if applicable.
You the Customer agree that if We have not received payment in full for the service within the period of one calendar month of the original invoice date then a late payment fee of $50 applies for the first month. Additional Late payment fees will be charged on a fixed rate of 10% per annum for each 3 days that any amount remains outstanding thereafter.
In addition to the amounts set out above, the Customer agrees to indemnify Us for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and any other expenses incurred by Us in connection with a demand, action or other proceeding (including mediation, out of court settlement or any action taken to recover a debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay any amount by the due date.
At its sole discretion We reserve the right to report any non-payment to collection agencies including reporting non-payment to the credit Reference Association (CRA), the TICA database and your property agent. In doing this your credit rating may be effected and or ability to seek rental properties/credit in the future.
CANCELLATIONS / REFUNDS:
If you cancel your booking 5 days before the Booked date, you will receive a refund less a $50 administration fee.
If you cancel your booking within a period of 5 days to 2 days before the booked date, then you will be charged a $100 Cancellation or postponement fee. This fee is not transferable but may be used within 3 calendar months of the original booked date at the same address of the original booking.
If you cancel your booking within 24 hours from the booking date, the customer authorizes the following fees can be charged to the credit card details supplied and kept on file.
We hold all rights to cancel the job if we deem the condition of the property is dangerous for the safety, health or wellbeing of our staff or if We are unable to access the property as agreed. Same day cancellation fees will apply.
We reserve the right to re-schedule or cancel any Service if the property is not as described either in condition or size, or if unexpected circumstances occur. Postponement fee may apply in this case.
If you cancel your job after a postponement, a $150 fee will be due, and you give Us permission to take this fee out of any funds held by Us.
Liability for Loss and Damage
The Contractor shall not be liable for any loss or damage caused by or arising from a) fire, overturning, collision road or rail accident involving the conveying vehicle, b) theft, or c) mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever.
The Contractor shall not be liable for any loss, failure to produce or damage caused by any strike, labour trouble, act of God, flood, storm, tempest or explosion, rot, rust, burglary or the breaking of any building, any railway, road, marine or air accident or delay, mechanical breakdown, act of third parties or causes beyond the control of the Contractor nor for anything arising as a consequence thereof.
The Contractor shall not be liable for loss of, failure to produce, or damage whatsoever caused to:-
– any article contained in any piece of furniture, package, bundle, case or container not both packed and unpacked by the Contractor or its employees.
– any plates, jewellery, money, trinket, picture or other article of special value unless contained in a sealed packet unless notice of the contents of such packet has been given in writing to the Contractor before the same is received by it;
– any goods removed from or to any premises in which there are at the time of removal workmen other than employees of the Contractor or the Customer.
– any mechanical, electrical or electronic instrument (including internal workings), device or appliance or any other article which is brittle in nature or apparently defective or in such condition that it cannot be removed without risk or damage or any article of a perishable nature including any leather or hide covering or imitation thereof.
– any RTA (ready to assemble) furniture that is not disassembled by the owner prior to transportation this includes trolley BBQ’s and stands from flat screen TV’s.
– any items chosen to be transported by the client in plastic containers, including plastic containers used in the transportation.
The liability (if any) of the Contractor for any loss if the items have been , failure to produce or damage howsoever caused shall be limited to $200.00 in respect of any one complete case, bundle, package, or container or in respect of any single item not otherwise referred to herein (including any piece of furniture) and its contents or in respect of any one pair, set, suite or service (including plated goods and other valuables) or any other articles not being in such a case, bundle, package or container but such liability shall not in any event exceed the cost of repair or replacement. The Contractor shall be entitled instead of paying to repair or replace any item. The total liability (if any) of the Contractor shall not exceed the total of $200.00 in respect of all goods removed or stored pursuant to this Contract.
Any claim for loss or damage to goods or property must be made in writing to the Contractor within 2 working days after the date of delivery or the date upon which such goods would ordinarily have been delivered. In the event that any claim is not made within such period, liability (if any) of the Contractor hereunder shall thereupon cease.
DISPUTES:
Any complaints must be made in writing and sent to support@bcic.com.au
Any complaints must be made within 24 hours of the performed Service.
Complaints must include the Customers name, contact number, the date of the complaint and a detailed explanation of the complaint including any relevant documentation and notes.
Complaints must also include what resolution the Client would like.