Professional home & commercial removalists in Campsie
These Terms are entered into between Campsie removals (we, us or our) and you, the person, organisation or entity making the Booking Enquiry, as described in the Quotation (you or your), together the Parties and each a Party.
1.1 You accept these Terms by the earlier of:
1.2 These Terms will commence on the later of:
2.1 In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
2.2 If these Terms express a time within which the Services are to be provided (including any Delivery Date or Start Time), you agree that such time is an estimate only, and creates no obligation on us to provide the Services on or by that time.
2.3 You agree that we may determine the appropriate modes and means of providing the Services, including but not limited to determining the appropriate routes to be taken between the Premises.
4.1 You may request changes to a Booking Enquiry up until a Confirmed Booking is created.
4.2 You agree to notify us immediately if you need to re-schedule a Confirmed Booking, in which case:
4.3 If we are required to cancel or re-schedule a Confirmed Booking for any reason, we will use our best endeavours to give you as much notice as possible and to reach agreement on any adjustments to the Confirmed Booking. If we are unable to re-schedule the Confirmed Booking, clauses 17.1 or 17.2(b)(3) will apply, as applicable.
5.1 You agree to provide us with as much notice as possible if you request a variation or change to the Services, including the timing for the provision of the Services or the types and quantities of Goods, with details of the variation or change, (Variation Request).
5.2 We will not be obliged to comply with a Variation Request unless we:
5.3 If we consider that any instruction or direction from you constitutes a variation, then we will not be obliged to comply with such instruction or direction unless a Variation Request has been issued in accordance with clause 5.1.
5.4 Where the Services are varied or changed, or the costs of providing the Services increases, (Variation Event) and the cause of that Variation Event relates to, or is connected with, an event or circumstance beyond our reasonable control, you agree to pay us our reasonable additional costs and expenses that we may suffer or incur as result of the Variation Event, as a debt due and immediately payable.
7.1 Unless otherwise specified in our Quotation, the Price is calculated on the following basis:
7.2 You acknowledge and agree that where the Services are provided on an hourly (or half-hourly) rate basis, any estimated price in the Quotation or otherwise notified by us to you is an estimate only, and creates no obligation on us to provide the Services for the estimated price. The actual Price payable for you for the Services will be finalised upon completion of the Services and confirmation by us of the time spent by us or our Personnel in providing the Services.
7.3 You agree to pay us the Price, the Deposit (if any) and any other amount payable to us under these Terms, in accordance with this clause 7 and the payment terms set out in our Quotation or as otherwise agreed between the Parties (Payment Terms).
7.4 We may require you to provide a credit card pre-authorisation at or around the time the Confirmed Booking is made. You agree that the pre-authorization may be used to cover incidentals, including parking fees, tickets and fines, and to settle amounts payable by you (including the balance of the Price) where you fail to make payment in accordance with the Payment Terms. The pre-authorised amount will be set aside by your credit card issuer for a period of up to 14 days, which may affect your available balance or spending limit. For more information please contact your credit card issuer. Once a pre-authorisation has been made, we are unable to release, remove or lower the pre-authorised amount, until we process the final payment of the Price.
7.5 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):
You represent, warrant and agree that:
You represent, warrant and agree that:
12.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
12.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
12.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
12.4 This clause 12 will survive the termination or expiry of these Terms.
13.1 We agree to effect and maintain public liability insurance for the duration of the Term. You acknowledge and agree that you may not be entitled to the benefit of our public liability insurance policy, including where you are your Personnel cause any damage to property.
13.2 We recommend that you effect and maintain your own insurance to cover the Goods, and to check with your insurer or insurance broker that such insurance will cover the Goods during the period of our provision of the Services.
13.3 You acknowledge and agree that:
14.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
14.2 This clause 14 will survive the termination or expiry of these Terms.
15.1 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
15.2 Your liability to indemnify us under clause 15.1 will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of us or any of our Personnel.
15.3 We agree to indemnify you for any liability that you suffer or incur directly arising from:
15.4 Our liability to indemnify you under clause 15.3 will be reduced proportionately to reflect the extent to which our or Personnel’s negligence in the performance of the Services caused or contributed to the relevant liability.
15.5 This clause 15 will survive the termination or expiry of these Terms.
16.1 Despite anything to the contrary, to the maximum extent permitted by law:
16.2 This clause 16 will survive the termination or expiry of these Terms.
17.1 We may terminate these Terms at any time by giving  days’ notice in writing to you.
17.2 These Terms will terminate immediately upon written notice by:
17.3 Upon expiry or termination of these Terms (or the cancellation of any Confirmed Booking):
17.4 Unless otherwise agreed between the Parties, if these Terms are terminated, then any Confirmed Booking will also terminate on the date of termination.
17.5 We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
17.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
17.7 This clause 17 will survive the termination or expiry of these Terms.
18.1 Subject to clause 18.2, you must (and must ensure that your Personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
18.2 Clause 18.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that you ensure the adviser complies with the terms of clause 18.1.
19.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.
19.2 Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
19.3 Counterparts: These Terms may be executed in any number of counterparts that together will form one instrument.
19.4 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
19.5 Entire agreement: These Terms contain the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
19.6 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
19.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to any circumstance beyond our reasonable control.
19.8 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
19.9 GST: If and when applicable, GST payable on the Price will be set out in our Quotation. You agree to pay the GST amount at the same time as you pay the Price.
19.10 Intellectual property: As between the Parties, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with these Terms or the provision of the Services), whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us.
19.11 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
19.12 Online execution: These Terms may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
19.13 Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Services to you, including on our Website or in our promotional material.
19.14 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
19.15 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the body of these Terms, and:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Booking means an email from us confirming that we accept the Booking Enquiry, in accordance with clause 3.
Booking Enquiry means an enquiry submitted by you in accordance with clause 3(a).
Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date these Terms are accepted in accordance with its terms.
Confidential Information includes information which:
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.
Consequential Loss includes any special loss, consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Delivery Date means the estimated date for delivery of the Goods.
Deposit means the deposit set out in the Quotation and forming part of the Price (if any).
Goods means all furniture and other items which are to be the subject of the Services.
Insolvency Event means any of the following events or any analogous event:
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Minimum Booking Amount means the minimum amount for a Confirmed Booking, as particularised on the Quotation.
Minimum Booking Period means the minimum period for a Confirmed Booking.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Premises means all premises required for us to provide the Services, including the pick-up and delivery locations.
Price means the price set out in the Quotation and includes the Deposit (if any).
Quotation means our quotation for the Services, in relation to which these Terms are incorporated by reference.
Services means the services that we agree to perform under these Terms, as further particularised in the Quotation.
Start Time means the estimated start time for the delivery of the Goods.
Term means the term of these Terms, commencing on the Commencement Date and ending on the earlier of the End Date or the date on which these Terms are terminated in accordance with its terms.
Terms means these terms and conditions and any documents attached to, or referred to in, each of them (including an Quotation).
Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by.
Website means www.campsieremovals.com.au
In these Terms, unless the context otherwise requires: