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terms and conditions

TERMS AND CONDITIONS

1. ACCEPTANCE

1.1 This Agreement is between E-Van Transport Pty Ltd (referred to as “E-Van Removals and Deliveries”,

“we” “us” or “our”), and the Client described in the

Proposal referred to as “client” or “you”, and

collectively the Parties.

1.2 You have requested the services set out in the attached

Proposal (Services). You agree and accept that our

Services are provided to you on these Terms and

Conditions (Terms).

1.3 You accept our Proposal and Terms by:

(a) signing and returning the Proposal; or

(b) paying any Deposit set out in the Proposal, or

making part or full payment for the Services, by the

methods set out in our Proposal or our tax invoice

to you (Invoice).

1.4 We will not commence performing our Services until you

have paid the Deposit or first instalment of our Fees.

2. SERVICES

2.1 We agree to perform the Services set out in the Proposal

with due care and skill.

2.2 The estimated period for us to perform the Services is set

out in our Proposal.

2.3 We will carry the Goods through any reasonable route

by any reasonable means with regard to all

circumstances including the nature of the Goods and the

destination of the Goods.

2.4 We agree to pick up the Goods from the Pick-Up Address

and deliver the Goods to the Delivery Address as set out

in the Proposal (Premises). You agree to appoint an

authorised agent to be present at the Premises when we

provide the Services and to provide us access to the

Premises.

2.5 If we cannot access the Premises for a reason out of our

control or if you request, we may hold the Goods at our

warehouse. Additional charges may apply.

2.6 We may provide the Services to you using our

employees, contractors and third party providers and

they are included in these Terms.

2.7 Suppliers of third party services who are not an

employee or our direct contractor (Third Party Services)

will be the responsibility of the Client. We are not

responsible for the quality of service provided by

suppliers of Third Party Services. The Client must make

direct arrangements with them.

2.8 Our Services cover the scope in the Proposal. If you

request additional services, including taking apart and

assembling furniture, disconnecting or reconnecting

electrical appliances and delivering items to a waste

facility, we have discretion whether to perform this

work, or be paid for Services performed to date.

2.9 If we agree to perform the additional services, then we

will inform you of the additional costing. You need to

sign off on the variation and costing before we

commence work. The additional services will incur

additional costs which will be invoiced to you.

2.10 We are not common carriers and do not provide services

or accept any liability as a common carrier.

2.11 We do not remove or deliver Goods over balconies,

reconnect audio-visual set ups including television sets

and music equipment, or hanging artwork or mirrors.

3. PRICE, INVOICING AND PAYMENT

3.1 You agree to pay us any Deposit and the fee for the

Services that you have requested, as set out in the

Proposal (Price). All amounts are stated in Australian

dollars

3.2 For Services that we provide that require us to travel

interstate or, in our reasonable opinion a long distance,

we will charge you half of the Price as a Deposit and you

are required to pay the balance of the Price upon

completion of the Services.

3.3 You agree to pay our Invoices within the Invoice Terms.

3.4 We may charge interest at the rate of 2% per month on

any amounts unpaid after the expiry of 7 days after the

payment date.

3.5 If invoices are unpaid for 7 days after the payment date,

we have the right to place a lien on the Goods, engage

debt collection services for the collection of unpaid and

undisputed debt, and the right to commence legal

proceedings for any outstanding amounts owed to us.

3.6 All Goods that received by us will be subject to a general

lien for any moneys payable by you to us under these

Terms. Without prejudice to any other rights that we

have under these Terms or otherwise at law, if any

amounts have been outstanding for a period of 26

weeks, we will give you 28 days’ written notice to you of

our intention to sell any or all of the Goods by public

auction or, if that is not reasonably practicable, by a

private arrangement and apply the net proceeds in

satisfaction of the amount due.

3.7 If the Proposal states that the fees and expenses are an

estimate only, you acknowledge that the final fee may

be more or less than the estimated amount. We will

endeavour to advise you of any material variation from

the estimate as it becomes apparent.

3.8 Our pricing structure or payment methods may be

amended from time to time in our discretion.

4. CLIENT OBLIGATIONS AND WARRANTIES

4.1 You warrant that you will not canvass, employ, induce or

attempt to employ, induce, solicit or entice away from

us, any employee or contractor that was employed by or

contracted to us during the term that we provide

Services to you or the prior twelve (12) month period.

4.2 You warrant that throughout the term of this Agreement

that:

(a) there are no legal restrictions preventing you from

agreeing the Terms;

(b) you are the owner of the Goods or an authorised

agent of the owner of the Goods;

(c) the Goods will not include any firearms or any items

that are dangerous, corrosive, highly combustible,

explosive, noxious or likely to encourage pests

unless you have provided written notice to us about

the nature of the Goods and we have agreed in

writing to provide the Services to you despite the

nature of the Goods;

(d) you will provide us with written notice of any Goods

that are fragile including Goods comprising of

jewellery, artwork, previous objects, money or

other brittle equipment with a value exceeding

$1000.00,

(e) you will provide us with adequate direction in order

for us to identify the Goods that we are required

load or unloading through the provision of our

Services;

(f) you will cooperate with us and provide us with

information and comply with requirements in a

timely manner, as requested by us from time to

time, that are reasonably necessary to enable us to

perform the Services;

(g) you agree to provide us with your full name, contact

numbers, email addresses and the addresses of the

locations we are required to access in order to

provide the Services.

(h) the information you provide to us is true, correct

and complete;

(i) during the performance of the Service you or an

authorised agent will be present at all times to

supervise the performance of the Services. This

excludes any Services that are provided

immediately prior to or after storage.

(j) you will not infringe any third party rights in

working with us and receiving the Services;

(k) you will inform us if you have reasonable concerns

relating to our provision of Services under the

Terms, with the aim that we and you will use all

reasonable efforts to resolve the concerns;

(l) you are responsible for obtaining any consents,

licences and permissions from other parties

necessary for the Services to be provided, at your

cost, and for providing us with the necessary

consents, licences and permissions;

(m) you consent to the use of your name and

Intellectual Property in relation to the Services in a

way which may identify you;

(n) if applicable, you have a valid ABN which has been

advised to us; and

(o) if applicable, you are registered for GST purposes.

5. STORAGE

5.1 If we hold Goods for you in our storage facility, we will

notify you of the additional charges that will apply as set

out in the Proposal.

5.2 We will prepare an inventory of Goods that we agree to

hold for you in our storage facility. You agree that it is

your responsibility to check the inventory that we

provide to you to ensure that all of your Goods that we

are holding for you in our storage facility have been

listed.

5.3 We may move the Goods from one storage facility to

another at our discretion at no extra cost to you. We will

notify you if we are required to move your Goods to

another storage facility generally within 5 days of the

proposed moving date.

5.4 Upon your request, we may grant you access to inspect

your Goods being held at our storage facility. Additional

charges may apply for the access and inspection of our

storage facility.

5.5 Subject to clause 3.6 you may request us to move the

Goods from our storage facility to the Delivery Address

by providing us with 5 days’ notice.

5.6 You agree to remove the Goods from our storage facility

within 28 days of us issuing you with a written notice. If

you do not remove the Goods from our storage facility

within 28 days, you provide consent for us to sell any or

all of the Goods that we are holding for you.

6. INTELLECTUAL PROPERTY AND MORAL RIGHTS

6.1 You agree that, as between you and us, we own all

intellectual property rights in our materials, and that

nothing in these Terms constitutes a transfer of any

intellectual property ownership rights in our materials.

6.2 Your use of our Materials does not grant you a licence,

or act as a right of use, any of the intellectual property in

the Materials, whether registered or unregistered,

without our express written permission.

6.3 You agree to provide information including Intellectual

Property to us to enable us to provide the Services. You:

(a) warrant that you have all necessary rights to

provide the Intellectual Property to us;

(b) grant us a perpetual, non-exclusive, royalty-free,

irrevocable, worldwide and transferable right and

licence to use the Intellectual Property in any way

we require to provide the Services to you; and

(c) consent to any act or omission which would

otherwise constitute an infringement of your Moral

Rights.

6.4 If you (or any employee or agent) have Moral Rights in

any Intellectual Property that you provide to us, you:

(a) irrevocably consent to any amendment of the

Intellectual Property in any manner by us for the

purposes of providing Services to you;

(b) irrevocably consent to us using or applying the

Intellectual Property for the purposes of providing

Services to you without any attribution of

authorship;

(c) agree that your consent extends to acts and

omissions of any of our licensees and successors in

title; and

(d) agree that your consent is a genuine consent under

the Copyright Act 1968 (Cth) and has not been

induced by duress or any false or misleading

statement.

7. CONFIDENTIAL INFORMATION

7.1 We, including our employees and contractors, agree not

to disclose your Confidential Information to any third

party; to use all reasonable endeavours to protect

Confidential Information from any unauthorised

disclosure; only to use the Confidential Information for

the purpose for which it was disclosed by you and not for

any other purpose.

7.2 You, including your employees and contractors, agree

not to disclose our Confidential Information to any third

party; to use all reasonable endeavours to protect

Confidential Information from any unauthorised

disclosure; and only to use the Confidential Information

for the purpose for which it was disclosed or provided by

us to you, and not for any other purpose.

7.3 These obligations do not apply to Confidential

Information that:

(a) is authorised to be disclosed;

(b) is in the public domain and/or is no longer

confidential, except as a result of breach of these

Terms;

(c) is received from a third party, except where there

has been a breach of confidence; or

(d) must be disclosed by law or by a regulatory

authority including under subpoena.

7.4 The obligations under this clause will survive termination

of these Terms.

8. FEEDBACK AND DISPUTE RESOLUTION

8.1 Your feedback is important to us. We seek to resolve

your concerns quickly and effectively. If you have any

feedback or questions about our Services, please contact

any member of our staff.

8.2 If there is a dispute between the Parties in relation to

these Terms, the Parties agree to the following dispute

resolution procedure.

(a) The complainant must tell the respondent in

writing, the nature of the dispute, what outcome

the complainant wants and what action the

complainant thinks will settle the dispute. The

Parties agree to meet in good faith to seek to

resolve the dispute by agreement between them

(Initial Meeting).

(b) If the Parties cannot agree how to resolve the

dispute at the Initial Meeting, any Party may refer

the matter to a mediator. If the parties cannot

agree on who the mediator should be, the

complainant will ask the Law Society of NSW to

appoint a mediator. The mediator will decide the

time and place for mediation. The Parties must

attend the mediation in good faith, to seek to

resolve the dispute.

8.3 Any attempts made by the Parties to resolve a dispute

pursuant to this clause are without prejudice to other

rights or entitlements of the Parties under these Terms,

by law or in equity.

9. TERMINATION

9.1 The Parties may terminate the Terms by mutual

agreement, by notice per the Notice Period in writing

including by email.

9.2 Either party may terminate the Terms, if there has been

a material breach of these Terms, subject to following

the dispute resolution procedure.

9.3 We may terminate the Terms immediately, in our sole

discretion, if:

(a) we consider that a request for a Service is

inappropriate, improper, unlawful, unsafe or

unhygienic;

(b) the Goods include any firearms or any items that

are dangerous, corrosive, highly combustible,

explosive, noxious or likely to encourage pests that

you have not acquired our written consent to load

or store;

(c) you fail to provide us with clear or timely

instructions including changes or variations to the

instructions to enable us to provide the Services;

(d) we consider that our working relationship has

broken down including a loss of confidence and

trust;

(e) for any other reason outside our control which has

the effect of compromising our ability to perform

the work required within the required timeframe;

or

(f) you fail to pay an Invoice within 7 days of the

payment date.

9.4 On termination of these Terms you agree that the any

Deposit or payments made are not refundable to you,

and you are to pay all invoices for Services rendered to

you.

9.5 If the Client terminates this agreement early, the Client

must pay for all Services provided prior to termination,

including any Services which have been performed and

have not yet been billed to Client.

9.6 On termination of these Terms you agree to promptly

return (where possible), or delete or destroy (where not

possible to return), our Confidential Information and

Intellectual Property, and/or documents containing or

relating to our Confidential Information and Intellectual

Property.

9.7 On termination of these Terms, we agree to promptly

return (where possible), or delete or destroy (where not

possible to return), your Confidential Information and

Intellectual Property, and/or documents containing or

relating to your Confidential Information and Intellectual

Property.

9.8 On completion of the Services, we will retain your

documents (including copies) as required by law or

regularity requirements. Your express or implied

agreement to the Terms constitutes your authority for us

to retain or destroy documents in accordance with the

statutory periods, or on termination of these Terms.

9.9 The accrued rights, obligations and remedies of the

Parties are not affected by the termination of these

Terms.

10. LOSS, AND LIMITATION OF LIABILITY

Private Removals and Storage

10. 1 Australian Consumer Law: Except where the Services

are required by you for the purpose of business, trade,

profession or occupation in which you are engaged, this

agreement will be subject to the guarantees set out in

the Australian Consumer Law being, in particular, a

guarantee that the Services will be rendered with due

care and skill, and the following conditions of this

clause will apply.

10. 2 Exclusions: We are not liable for any loss or damage nor

any delay which results from any cause beyond our

control

10. 3 Damage to Goods – Packaging: If the Goods sustain

damage by reason of defective or inadequate packing or

unpacking, and the packing or unpacking (as the case

may be) was not undertaken by us or our Subcontractor,

we will not be liable.

10. 4 Damage to Goods – Inherent Risk: Certain goods

(including electrical and mechanical appliances,

computer equipment, scientific instruments, out-door

pots, statues, outdoor furniture, chipboard, selfassembled

furniture, stone, marble, granite, terracotta

and certain musical instruments) are inherently

susceptible to suffer damage or disorder upon removal.

Unless that damage or disorder results from the want of

due care and skill on our part, we will not be liable.

10. 5 Notification of Loss or Damage: Any claim for loss or

damage under this clause 10 is to be notified by you to

us in writing, or by telephone and later confirmed in

writing, within a reasonable time after the date of

delivery. We will have the best chance of locating any

misplaced items, or ascertaining the cause of damage, if

that notification is given to us within 2 working days.

10. 6 Maximum Value of Goods: In any claim for loss or

damage under this clause 10, any estimate of the value

of the Goods which you have provided to us, whether for

the purposes of insurance or otherwise, will be prima

facie evidence that the total value of the Goods did not

exceed that estimate at the time of loss or damage.

10. 7 Commercial Removals and Storage

10. 8 Application: If the Services are required by you for the

purposes of a business, trade, profession or occupation

in which you are engaged, the following conditions of

this clause 10 will apply.

10. 9 Negligence: We will only be liable for loss or damage

resulting from our negligence, and in any event that

liability will be limited to $100 per item or package, or

$1,000 in respect of all Goods moved or stored under

this agreement (whichever is the lesser).

10. 10 Claims: In circumstances where we are liable under

subclause 10.9, notice of the claim must be given by

you to us as soon as possible, and written notice must

be given within 14 days of the date of delivery or, in the

case of loss, the date upon which the Goods would

ordinarily have been delivered, failing which We will

have no further liability.

10. 11 This clause will survive termination of these Terms.

11. INDEMNITY

11.1 You are liable for and agree to indemnify, defend and

hold us harmless for and against any and all claims,

liabilities, suits, actions and expenses, including costs of

litigation and reasonable legal costs, resulting directly or

indirectly from:

(a) any information that is not accurate, up to date or

complete or is misleading or a misrepresentation;

(b) any breach of these Terms; and

(c) any misuse of the Services from or by you, your

employees, contractors or agents.

11.2 You agree to co-operate with us (at your own expense)

in the handling of disputes, complaints, investigations or

litigation that arise as a result of your use of our Services

including but not limited to disputes, complaints,

investigations or litigation that arises out of or relates to

incorrect information you have given us.

11.3 The obligations under this clause will survive

termination of these Terms.

12. INSURANCE

12.1 We offer to arrange for the Goods to be insured during

transit and storage, and details of the type of insurance

and the rates will be provided on request.

12.2 Our insurance policy covers our vehicles, public liability

to the value of $10 million and workers’ compensation

12.3 We do not provide marine insurance for goods.

13. GENERAL

13.1 Privacy: We agree to comply with the legal requirements

of the Australian Privacy Principles as set out in the

Privacy Act 1988 (Cth) and any other applicable

legislation or privacy guidelines.

13.2 Publicity: You consent to us using advertising or

publically announcing that we have undertaken work for

you.

13.3 Email: You acknowledge that we are able to send

electronic mail to you and receive electronic mail from

you. You release us from any claim you may have as a

result of any unauthorised copying, recording, reading or

interference with that document or information after

transmission, for any delay or non-delivery of any

document or information and for any damage caused to

your system or any files by a transfer.

13.4 GST: If and when applicable, GST payable on our Services

will be set out on our Invoices. By accepting these Terms

you agree to pay us an amount equivalent to the GST

imposed on these charges.

13.5 Relationship of parties: The Terms are not intended to

create a relationship between the parties of partnership,

joint venture, or employer-employee.

13.6 Assignment: The Terms is personal to the Parties. 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

not to be unreasonably withheld).

13.7 Severance: If any provision (or part of it) of the Terms is

held to be unenforceable or invalid in any jurisdiction,

then it will be interpreted as narrowly as necessary to

allow it to be enforceable or valid. If a provision (or part

of it) of these Terms cannot be interpreted as narrowly

as necessary to allow it to be enforceable or valid, then

the provision (or part of it) must be severed from these

Terms and the remaining provisions (and remaining part

of the provision) of the Terms are valid and enforceable.

13.8 Notices: Any notice required or permitted to be given by

either party to the other under these conditions will be

in writing addressed to you at the address in the

Proposal. Our address is set out in the Proposal. Any

notice may be sent by standard post or email, and notice

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.

13.9 Jurisdiction & Governing Law: These terms are governed

by the laws of NSW and the Commonwealth of Australia.

Each party irrevocably and unconditionally submits to

the exclusive jurisdiction of the courts operating in NSW.

14. DEFINITIONS

14.1 Confidential Information includes all confidential

information about the business, whether or not such

information is reduced to a tangible form or marked in

writing as "confidential".

14.2 Goods means all furniture and fixtures which are the

subject of the Services.