ClearHome Terms and Conditions
Our Terms and Conditions are in place to ensure that all parties involved in the process know what their responsibilities are so that no one is let down.
We understand that hiccups occur, but poor or incompetent planning can become very expensive for both parties, so the terms and conditions are in place to ensure that everything will go as planned and that no misunderstandings occur.
They are also in place to ensure that the provided information is accurate so the correct size vehicle, number of staff, and the correct tools are required to be able to conduct your requests as agreed.
1. QUOTATION & ORDER
1.1 All Supplied Quotation shall remain valid for a period of 30 days.
1.2 The Customer shall be deemed to have accepted the Quotation by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
1.3 All Orders for Goods and Services shall be deemed to be acceptance of the Quotation pursuant to these Terms and Conditions.
1.4 The quoted price may change or additional charges may apply if any of the following have not been taken into account when preparing the quotation:-
1.5 If at the time of the booking it is found that the move, quantity or requirements are different to the information you have supplied via your online Quotation request, then the Contractors may charge additional amount to cover the cost of additional expenses, time and labour.
1.6 If you self-certify the size of your move or repairs and on the day of the services it is found that items have been omitted from the quote then additional charges will be applied at our discretion.
1.7 If you do not accept the quotation within 30 days from the Quotation date.
1.8 By reason of your delay, the service is not carried out within 3 months of the date of the acceptance of the Quotation.
1.9 If the move is carried out on a Friday, Saturday, Sunday or Bank Holiday, which was not previously agreed when the Quotation was calculated.
1.10 The Contractor (us) has to supply any additional services, previously not included in the quotation, such as disconnecting appliances, dismantling furniture, or storing additional items not previously included in the quotation.
1.11 Should access to the property be not as described, and will not allow free movement of the goods without the need of alterations or hire of additional equipment, or the access to the property be not suitable for the Removal Vehicle to get within 20 meters of the doorway, and as a result the contractors have to do additional work not included in the Quotation.
1.12 Any charges incurred for parking including fines, toll roads, congestion fees, or any other charges levied by the government for transportation of goods from the current property to the new property.
2. WORK NOT INCLUDED IN THE QUOTATION
2.1 Unless agreed in writing by the Contractor, they will not, as part of the quoted removal services:
2.2 Disconnect or reconnect appliances, fixtures, fittings or equipment
2.3 Take up or lay fitted carpet or floor coverings
2.4 Dismantle or assemble unit or system furniture, fitments or fittings.
2.5 Move storage heaters, unless they are dismantled.
2.6 Move items from a loft or a cellar, unless properly lit and safe access so provided.
2.7 To move or store any items excluded in section 5.1 to 5.
2.8 Should the customer pay any money to the contractors on the day of the move for work carried out which does not form part of the move specification as per the booking confirmation, unless the additional work has been authorised by the supplier, or management of the contractors – prior to completion of said work, then this money is not deemed in favour of the supplier or removal contractor, and the work carried out will be charged via separate invoice.
3. RESTRICTED ITEMS NOT TO BE MOVED
3.1 The following items are not permitted to be removed unless previously agreed and an inventory is submitted in writing to the Suppliers and Contractors:
3.2 Pets, Jewellery, watches, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections. Prohibited or stolen items, drugs, dangerous, damaging or explosive items, including gas bottles, asbestos, firearms, and ammunition.
3.4 Plants or goods which may cause vermin or other pest infestation.
3.6 Any animals and their cages, or tanks including birds or fish.
3.7 If you have any goods you are unsure of then please request permission to be moved by the Contractor prior to the move date.
4. OWNERSHIP OF GOODS
By entering the contract you declare that:
4.1 The goods to be removed and/or stored are your own property, or
4.2 The person(s) who own or have an interest in them, have given you permission to make this contract, and have been made aware of the Contract.
You will meet any claim for damages, and any costs against the Contractor (us) if these declarations are not true.
5. PRICE AND PAYMENT
5.1 The price for the Goods and Services is as specified in the Quotation, and may or may not be inclusive of GST and other applicable charges as also outlined in the Quotation. All rates increase 25% on weekends, and 50% on public holidays.
Utility and 1 man per hour ( for items under 18kg only. Note that every additional 15 minutes overtime is payable )*
Utility and 2 men per hour ( minimum 2 hours. Note that every additional 15 minutes overtime is payable )*
Truck and 2 men per hour ( minimum 2 hours. Note that every additional 15 minutes overtime is payable )*
Truck and 3 men per hour ( minimum 2 hours. Note that every additional 15 minutes overtime is payable )*
5.2 Payment of the price shall be in the manner specified in the Proposal.
5.3 Payment is required by cleared funds upfront of the removal or storage period, unless otherwise arranged with management. The Price will be paid as follows:
5.3(a) 50% non-refundable deposit on acceptance of the Order by the Owner;
5.3(b) 100% balance payable on the day of work completion.
The Owner is not obliged to deliver until funds given in payment of the Price are cleared.
5.4 You may not withhold any part of the payment (deposit or balance), failure to finalise the deposit before the move date will result in the move being postponed, cancelled, or revoked until paid.
5.5 Any cancellation fees incurred due to section 7 will be met by you.
5.6 We accept payment by bank transfer or credit card. Visa, MasterCard, American Express and debit cards accepted. Credit card deposits and payments incur a 1.65% merchant service charge fee.
5.7 Should payment not be received by the agreed date then the service will be postponed, cancelled, or revoked. If our services go ahead then payment must be made on the agreed date. If payment is overlooked by either parties, and not received by the 2nd working day, then on the third working day a fee of $25.00 is added to the balance for collection charges, then an additional $10 per day thereafter up to a maximum of $100.00. If payment is not received after this date then the collection will be passed to a debt collection agency. The customer will be subject to the DCA fees.
Any price lists published by the Owner may be changed without notice.
6. BOOKING DATE
6.1 The date you provide us with for your move date will complete the contract and should this date change, charges will apply if you postpone or cancel as per section 7.
6.2 All risk in the Goods shall pass to the Customer upon delivery.
7. CHARGES IF YOU POSTPONE OR CANCEL
7.1 If you postpone or cancel, the Contractor (us) will charge according to how much notice is given. Notification must be in writing to us.
7.1(a) More than 14 working days before the booking date : Nil payable
7.1(b) More than 7 working days, less than 14 working days : 25% of the Charge.
7.1(c) Less than 7 working days : 50% of the Charge.
7.2 If the job is not concluded within 3 months of the date of this booking, and the customer chooses to cancel the booking then 100% of the deposit will be charged. No refund is payable.
8.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
9. CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
9.1 co-operate with the Supplier; and be available at the time required. Be prepared for a truck external size of 3.4m high, 6.5m long, 2.5m wide.
9.2 allow the contractors to carry out their responsibilities. After opening the work site, and instructions have been communicated to the Supplier or contractor, the customer must leave the work site. Should the customer or associates assist with any aspect of the moving of items and damage of any kind is caused during assistance then no liability shall be held by the supplier or removal contractor.
9.3 prior to commencement of works the Customer must provide the Supplier with any information reasonably required by the Supplier, to assist with the free movement of items to be moved, including any pre preparation of the sites to gain access, including keys and security, and to advise of any special requirements or care of particular items.
9.4 obtain all necessary permissions, parking permits, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
9.5 comply with such other requirements as may be set out in the proposal or otherwise agreed between the parties.
9.6 Should the customer not accept the recommendations of the supplier as in section 12.1 then the items to be moved are solely moved at the risk of the customer. The contractor cannot be held liable for any damage caused whilst the item to be moved is under the supervision of the customer.
9.7 Should any damage be incurred then it is your responsibility to advise us, within 7 working days and provide us with photographs and a written description of the damage. Liability for damage will only be accepted if it may be proven without reasonable doubt the Removal contractors have been negligent in the manner in which they have conducted the move.
9.8 It is your responsibility to ensure that your goods are adequately insured for transportation, we can arrange this for you upon request.
9.9 The client/customer must provide us with clear delivery, installation and pick up instructions at least 7 days prior to commencement. These instructions must include the date, time, place, name and mobile contact of the client or representative.
9.10 The client/customer warrants that it has the right to access the Site, and that we may access the Site to fulfill its obligations under the Contract.
9.11 The client/customer must prepare the Site to our satisfaction for delivery, installation, dismantling and pick up of goods. This includes ensuring the Site is accessible, removing obstacles, leveling the ground, and ensuring the Site is safe. The Owner is not responsible for doing these things unless documented otherwise.
9.12 We may use the electricity supply at the Site for the purposes of installing and/or operating any equipment. This is at no cost to us.
10. RIGHT TO HOLD THE GOODS
10.1 The Removal Contractor shall have the right to withhold and or dispose of some or all of the goods until you have paid for any additional costs incurred due to any conditions in section 2. All deposit payments must be made prior to the completion and balance payments on the day of completion unless, written authorization has been provided by us.
11. GOODS IN STORAGE
11.1 If goods are stored by us, or any other company as recommended by us, then you must provide us with a correspondence address, and contact telephone information.
11.2 If you do not provide an address or respond to us, or the storage companies written or telephone requests, they may publish such notices in a public newspaper in the area to form which the goods were moved, all costs incurred will be charged to your account. The goods will not be released until the account has been paid in full. Additional charges will be applied for additional time in storage.
11.3 If after 28 days of the Removal Contractors written attempts, you do not pay the bill in full then they may sell or dispose of some or all of the goods to cover the cost of the outstanding account.
11.4 If you make your own arrangements to collect the goods out of storage, then they will be entitled to charge for handing them over. The contractors liability will cease upon handing over the goods.
12. LIMITATION OF LIABILITY
12.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
12.2 Upon completion of the survey by the contractor, recommendations shall be made to dismantle any furniture which may be damaged during transit due to excess size, weight or potential difficulties in movement.
12.3 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12.4 Responsibility for our services ends at the completion and handover to the customer, without any written contact from either parties.
12.5 The supplier holds no liability for loss or damage to customer’s property.
13. FORCE MAJEURE
13.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
14.1 If any provision of the Contract is, for any reason, considered or found by a Court of competent jurisdiction or any competent Government authority to be invalid, illegal or unenforceable, that provision is to be severed from the remainder of the provisions of the Contract. The remainder of the provisions of the Contract will remain in full force and effect unless the basic purposes of the Contract are defeated.
15. GOVERNING LAW
15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
ADDITIONAL TERMS AND CONDITIONS
The client acknowledges that copyright in all designs, drawings, proposals and other material produced by us or any of its consultants in connection with this Contract remains the property of us (or its consultants as the case may be). The client must not infringe copyright in respect of that material.
The client indemnifies us, its officers, employees and agents against all Claims the Owner incurs as a result of: the clients negligence; the clients breach of the Contract; the clients breach of any warranty contained in these Terms; the clients breach of any law; preparation of the Site for delivery or installation of the Equipment; our entry upon the Site; the delivery, installation, inspection, use, dismantling and collection of the Equipment; and contact with underground pipes or wires on the Site.
OWNER NOT LIABLE
We are not liable to the client for, and is released from liability in respect of: failure to have goods ready or available for collection when the scheduled period commences; failure to deliver the goods in accordance with the delivery instructions; loss, damage or injury to any person, property, animal or thing resulting from the delivery, installation, inspection, use, dismantling and collection of the goods; the break down or failure of the goods; failure to provide equipment/goods of the type and in the quantity specified in the Order; and defects in the installation of the goods at the Site, punctuality and delays related to weather and similar related.
EXCLUSION OF LAWS
To the extent permissible by law, all warranties or other rights implied by law in favour of the client are excluded.
LIMITATION ON LIABILITY
If we are liable to the client for a breach of this Agreement or any warranty implied by law which has not been lawfully excluded, our liability is limited to: refunding the Price. We are not liable to the client for consequential or indirect loss, economic loss, or other expenses. The client must not claim a lien over or retain possession of our equipment in satisfaction of its claim.
We may terminate the Contract at any time without liability to the client.
No amendment to the Contract will be binding on any party unless made in writing properly and duly executed by that party.
WARRANTY OF AUTHORITY
Any person authorising or purporting to authorise the Order or another document on behalf of the Hirer warrants that they have the authority of the Hirer to authorise, and indemnifies us against all losses incurred if that person does not have such authority.
JOINT AND SEVERAL LIABILITY
If the client is more than one person the clients are jointly and severally liable under the Contract.
We collect your personal information to assist us in providing the goods or services you have requested and to improve our products and services. We and all related companies anywhere in the world may be in touch to let your know about goods, services or promotions which may be of interest to you. Please let us know if you object to this and if you would prefer not to be contacted with special offers or in relation to our other goods and services.
DISPLAY OF NAME
The Owner’s identification, trade name, trade mark and signage may appear on the Equipment. The Hirer must not conceal or obliterate these. The Hirer cannot claim any charges from the Owner for advertising in respect of these.
CONTRACT TERMS AND CONDITIONS
The client shall pay all our costs and expenses including but not limited to attorneys fees and expenses and the fees of collecting agencies incurred by us in enforcing any of the terms and conditions of this agreement.
This document constitutes the entire agreement between us and the client/customer and supersedes any previous oral or written agreement. Any amendments shall be agreed between both parties in writing.
FREIGHT PRICES CAN CHANGE WITHOUT NOTICE. WHERE QUOTED, FREIGHT IS TO/FROM STREET LEVEL WITH LEVEL ACCESS & ADJACENT PARKING unless we have documented otherwise. FULL DISCLOSURE OF YOUR PRODUCTS AND DELIVERY / PICKUP ACCESS IS THE RESPONSIBILITY OF THE CLIENT ( YOU )
THE CLIENT AND / OR HIS AGENT ACKNOWLEDGES THAT HE / SHE HAS FULLY UNDERSTOOD THE TERMS AND CONDITIONS HEREOF AND HEREBY WARRANTS THAT HE / SHE SHALL ABIDE BY THE SAID TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT ALL REPRESENTATIONS AND WARRANTIES ARE TRUE AND ACCURATE IN ALL RESPECTS.
YOU, THE CLIENT ACCEPT THIS DOCUMENT, AND AGREE WITH OUR TERMS AND CONDITIONS IF YOU,
- SEND AN ENQUIRY FROM THE CLEARHOME WEBSITE, OR
- ACCEPT OUR QUOTATION, OR
- ENGAGE OUR SERVICES VERBALLY, OR IN WRITING.