Terms & Conditions

1. Introduction
Welcome to www.bookamover.com.au. These Terms and Conditions set out the rights and obligations of both the Client (“You” or “Your”) and the Company (“Book A Mover,” “We,” “Us,” or “Our”) in relation to the removal and storage services offered by the Company.

2. Key Terms

Unless expressly specified otherwise, the following terms shall hold the meaning as described here under:

“Items” – refers to all items which are the subject matter of the work to be performed by the Company.

“Work” – refers to all work undertaken to be performed by the Company including removal, transportation, handling and storage of items in accordance with the agreement between the Parties.

“Sub-Contractor” – refers to independent contractors engaged by the Company to perform the work, either in whole or in part, on its behalf.

“Parties” – refers collectively to both the Client and the Company.

3. Client Responsibilities and Warranties

You hereby represent and warrant to the Company and assume full responsibility for:

• Accuracy of Information:
  You represent and warrant to the Company that all information provided by you is accurate and complete. You understand that we rely upon this information to assess the work/resource required, and our quotation is based on this original information provided by you.

• Ownership of Items:
  You represent and warrant to the Company that the items you have requested to be removed/stored are your own property or you are the authorized agent of the owner or anyone with a legal interest in the items.

• Prohibited Items:
  You represent and warrant to the Company that items that are subject of work to be performed by the Company exclude any dangerous items such as firearms, explosives, inflammable and highly combustible items as well as any items that may attract or encourage vermin or pests. You understand and agree that prohibited items may be safely destroyed or disposed of by the Company without incurring any liability to you or any third-party.

• Fragile and Valuable Items:
  You are solely responsible for providing us with a written list of any fragile items to be removed or stored by us prior to the commencement of the work. We expressly disclaim all liability for storage and removal of any valuable items including but not limited to any items of jewellery, cash, money bags or other similar precious items. You are hereby advised not to include any valuable items for removal and storage.

• Items left behind and erroneously moved
  It is solely your responsibility to carefully inspect the premises and items to ensure that nothing that you wish to be removed or stored is left behind and no unauthorized items are being removed excluding items that are being removed from storage.

• Availability
  You agree to be available and present on the agreed date and time or have your authorized representative present at the time of collection and again during delivery.

4. Subcontracting

The Company reserves the right to subcontract the whole or part of the work under this Agreement. In the event we subcontract any part or whole of the work under this Agreement, these terms and conditions will continue to apply. Any reference in this Agreement to the Company shall include our subcontractors and vice versa. All limitation of liability provisions under this Agreement applies equally to our subcontractors and employees.

5. Delivery of Items

You understand and accept that we are only able to deliver the items to you or a person nominated by you in writing. If there is no one to receive the items when we attempt to deliver, or we are unable to access the premises due to no fault on our part, we will make our best effort to contact you to explore alternative arrangements.

Notwithstanding the foregoing, you agree that we may store the items into a warehouse and charge you any costs of storage and redelivery to you.

6. Storage Terms and Conditions

• Inventory of Items Received
  When we receive your items for storage, we will compile an inventory of items received and request your confirmation and signature. When you sign the inventory or fail to sign it or raise any objection as to the accuracy of its content within two days from the date of receipt, the inventory shall be deemed to be conclusive evidence of items received by us for storage.
  Please note that unless expressly agreed otherwise, the inventory will only list visible items. We reserve the right to charge extra for our service in compiling a more detailed list of items.

• Storage fees
  We reserve the right to revise our storage fees in our sole discretion. Where we provide you with our storage fee quotation via an email, we will notify you of any changes in your storage fees via email after the expiration of your current storage agreement.

• Insurance
  We do not offer insurance for temporary storage that we provide our Clients when transporting their items to their specified delivery address. We do not assume any responsibility for any loss or missing items from our temporary storage. You can easily request insurance cover from third-party providers such as removal insurance or Yes Insurance.

• Collections from Storage
  You may request removal of your items from storage at any time by giving us at least five working days prior written notice and upon payment of any outstanding storage fees including any early termination fees. Please note that where you give us less than five working days notice, we will make our best effort to deliver the items to you but we are unable to offer any guarantees as to the timely delivery and you may incur additional charges for expedited delivery.

• Forced removals and disposal of storage items
  We reserve the right to request you to remove your items from our storage by giving you 28 calendar days written the notice. Where you fail to comply with our request, we may after 14 days from the last day of your notice period dispose off any or all your items in storage by means of a public auction or online through eBay or other similar auction platform and use the proceeds from the sale of your items to recover any outstanding storage fees due and payable by you to the Company.

7. Our Fees and Payments

• Your Payment Obligations – You or any third-party that you represent in this Agreement are under legal obligation to pay our full fees as quoted immediately after all the items are loaded on the truck.

• Additional Work – Where we are required to perform additional work from what was initially included in our quote or if we are prevented from performing the work on the date and time agreed, due to no fault of ours, we shall be entitled to charge you for such additional work or delay including any costs incurred by us.

• Interests on non-payments – Your failure to pay our fees in full at the time it becomes due and payable will give us the right to seize your items in our possession until such time that you make the full payment. In the event we do not receive our full payment within a specified period of time, we reserve the right to sell any items to recover our fees as set out in Article 6(f).Please note that where there is an outstanding amount due and payable by you to us for more than 30 days, you will incur interest on such outstanding amount at the rate of maximum personal overdraft provided such amount does not exceed $10000 on a monthly basis.

• Processing Charges – Any payments made using credit or debit card will incur an additional 2% processing fees.

• Access – Unless expressly agreed otherwise in writing, the Driver may charge an additional fee for collections and deliveries to premises with hard access which includes stairways and properties where the truck cannot be parked within 30 meters from the front door.

• Contractual Lien – The Company shall have the right to withhold and sell your items to recover any amounts due and payable by you to the Company for any work performed under this Agreement. Without prejudice to any other legal rights that we may have under this Agreement or otherwise at law, the Company may give you 28 calendar days written notice disclosing its intention to sell your items where an amount has been outstanding for more than 12 weeks. At the lapse of the notice period, the Company may sell any of the items to recover the outstanding amount whilst simultaneously exercising its other legal rights.

8. Insurance

• The Company has all necessary equipment required to carry out the work agreed such as heavy padded blankets, bubble wraps, ropes and straps. We disclaim all liability for damage caused during transit. Please note that we are only covered for public liability, truck accidental damage, loading and unloading insurance. Clients are encouraged to get their own content insurance cover from third-party insurance providers such as Yes insurance or removal insurance.

• The Company does not offer any insurance for breakages, scratches and other damage of similar nature or for any loss of items as a result of our driver’s negligence. When you accept our booking confirmation email, you expressly assume the full liability for these risks and agree to get your own insurance from third-party providers such as Yes Insurance or Removal Insurance.

• The scope of our agreed work is as described in our booking confirmation. Any work outside the ambit of the booking confirmation will incur additional charges.

• We do not assume any responsibility for items packed by Clients. It is solely your responsibility to ensure the item is clearly labelled. The Company will not be responsible for any items being lost as a result of the Client’s failure to clearly label the item.

• You have the full right to choose any insurance service provider of your choice.

9. 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 business days from the date of collection.

10. Loss or Damage

a) Non-Commercial Removals and Storage

• Competition and Consumer Act 2010, Schedule 2
  Where the work is required by you for your private and non-commercial purposes, this agreement will include the guarantees set out in Section 60, 61 and 62 of the Australian Consumer Law including the guarantee that the work will be performed with due care and skill.

• Negligence
  Our liability for any loss or damage to the items will be limited to the extent that such damage was caused by our Negligence. Any loss or damage to any items caused by your action or omission will not be our liability.

• Exclusions
  The Company will not be held liable for any loss, damage or delay which is not caused by any fault on the part of the Company including but not limited to any loss, damage or delay caused by any third parties.

• Damage incurred as a result of poor packaging
  The Company will not be liable for any damage caused to the items as a result of poor packaging by the Client where the Company was not requested to offer packaging service to the Client.

• The inherent risk in the removal of certain items
  There is always an inherent risk of damage during transportation of certain types of items such as computer and scientific equipment, musical instruments and other similar items. The Company will not assume any liability for any such damage and the Clients are advised to obtain their own insurance to guard against any such damages.

• Limitation of Liability
  In the event you opt not to get an insurance cover for your items during removal or storage, the Company’s liability to you for damage to any item will be limited to a maximum amount of $60 per item. This limitation of liability will not be applicable in the event there is evidence that proves that the damage was a result of the Company’s failure to exercise due care and skill as set out in the Australian Consumer Law, section 60.

• Stolen and Missing Items
  In the event you opt not to get an insurance cover for your items during removal or storage, the Company’s liability to you for the loss of Stolen or Missing items will be limited to a maximum amount of $30 per box or item. This limitation of liability will not be applicable where the Client provided the Company with a detailed inventory along with valuations of all the items at least three days prior to the commencement of the work, and there is evidence that proves that the Company’s authorized subcontractors failed to ensure the security of items whilst in their care.

• Notice of loss or damage
  At the time you accept delivery, you will be required to sign an inventory to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to submit any claim for loss or damage to any item under article 9(a) of this Agreement, you must do so in writing within 24 hours from the time you accept delivery. Your failure to notify us of any loss or damage within the 24 hour period will result in the waiver of your right to claim any loss or damage from the Company thereafter.

• Value of items
  Where you submit any claims under this Article 9 of the Agreement, you understand and accept that the estimated value of inventory provided by you to the Company will be accepted as prima facie evidence of the total value of the items transported by the Company.

b) Commercial Removals and Storage

Where the work is required by you for your commercial purposes, the following provisions will be applicable:

• Exclusions
  The Company will not be held liable for any loss, damage or delay which is not caused by any fault on the part of the Company including but not limited to any loss, damage or delay caused by any third parties.

• Negligence
  Our liability for any loss or damage to the items will be limited to the extent that such damage was caused by our Negligence. In no event shall our total liability to you for any loss or damage exceed $50 per item or box.

• Notice of loss or damage
  At the time you accept delivery, you will be required to sign an inventory to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to submit any claim for loss or damage to any item under the provisions of article 9(a) of this Agreement, you must do so in writing within 24 hours from the time you accept delivery. Your failure to notify us of any loss or damage within the 24 hour period will result in the waiver of your right to claim any loss or damage from the Company thereafter.

11. Governing Law

This Agreement shall be construed and governed by the laws of the land where the Agreement is made.