Terms & Conditions: These terms and conditions (the Terms) govern Smart Move (Sydney) Pty Ltd’s (ACN 600 180 005), (including its directors, employees, agents, assignees and subcontractors) (the Operator) supply of storage services (the Storage Service), moving services (the Moving Service) and/or other services (collectively, the Services) as set out in the quote (the Quote) to the person (including a corporation) who receives the Quote, authorises the performance of Services and/or who accepts the Services (the Customer). The Customer must also comply with any terms in the Quote or booking sheet which form part of these Terms, except to the extent of any inconsistency between the Terms and the Quote or the booking sheet, in which event these Terms shall prevail.

1.1 By signing the booking sheet, ticking the online acceptance box on the Operator’s website or accepting any of the Services (whichever occurs first), the Customer agrees to the bound by these Terms and accepts the Quote (the Acceptance). Prior to Acceptance, the Customer may choose to negotiate these Terms with the Operator, in which event any agreed amendments to the Terms will bind the Operator and Customer (the Parties). If the Customer does not agree to these Terms, the Customer must not use or accept the Services. The Operator reserves the right to vary the Terms, at any time in its absolute discretion, with notice to the Customer, in which case the Customer’s continued use of the Services constitutes an agreement to be bound by the amended Terms.

1.2 A Quote is open for acceptance for a period of thirty (30) days after it is issued, after which point the Operator is entitled to issue a new Quote for the Services.

2.0 The Operator is not a common carrier and at all times is entitled to refuse to carry or store any particular type of goods at its discretion.

2.1 The Operator shall be entitled to carry the goods (the Goods) by any reasonable route (having regard to all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.

2.2 The Operator may itself carry out any Services or may arrange for the Services to be carried out wholly or partially by a third party.

2.3 In the event the Customer breaches clause 3.1, the Operator may send personnel in addition to those Quoted, if agreed by the Customer, which will be deemed Additional Work..

3.1 The Customer must provide  accurate information given to the Operator in regards to but not limited to the scope, volume of Goods to be moved, and access to the Goods at the collection and delivery addresses.

3.2 In respect of Goods removed or stored, the Customer warrants that he/she is the owner thereof or has the authority to deal with the Goods and to enter into these Terms and shall indemnify the Operator against any claim arising or expense incurred as a result of any breach of this warranty.

3.3 If the Operator agrees in writing to perform the Services on a date (the Agreed Date) and then the Customer requests the Operator to alter the Agreed Date or the Goods are not available on the Agreed Date, the Operator shall be entitled to make a reasonable additional charge for any loss or additional expense occasioned thereby.

3.4 The Customer shall ensure that he/she or some person authorised in writing on the Customer’s behalf is present during the loading and unloading of the Goods and that the Operator is able to effectively gain access to the unloading and loading sites, as determined by the Operator at the Operator’s discretion.

3.5 If the Customer does not comply with clause 3.4, the Operator shall not be bound to load or unload the Goods or the Operator shall be entitled to unload the Goods into its own or any other warehouse in reasonable proximity, such unloading shall be deemed to be delivery and the Operator shall be entitled to make a reasonable additional charge in respect of storage, handling and delivery of Goods after delivery.

3.6 The Customer shall not be entitled to require removal or storage of any article or substance which is, or may become dangerous, corrosive, combustible, explosive or noxious nature, nor anything likely in the course of such removal or storage to encourage any vermin or pest. The Customer shall indemnify the Operator against any loss or damage which may be suffered by the Operator through the presence of such article or substance in any goods removed or stored for the Customer, and against any claim made against the Operator by any other person arising there from. In the event of discovery by the Operator of any such article or substance after goods have been received by it the Operator may take action in relation thereto including remove, destroy or otherwise dispose of or treat the same at the expense of the Customer and without in any way becoming liable to the Customer.

3.7 The Customer warrants that he/she will, prior to the commencement of the Services, give written notice to the Operator of any goods which are of a fragile or brittle nature and which are not readily apparent as such, and include any jewellery, plate, precious object, object d’art, work of art, medal, money, stamp, collection of items, fur or piece of precious equipment in any case having a value in excess of $1,000.

3.8 The Customer warrants that he/she will ensure that all Goods to be removed or stored are given to and taken by the Operator and that none are left behind or taken by the Operator in error.

3.9 The Customer is responsible for disconnecting and reconnecting any electrical equipment and whitegoods unless otherwise stated by the Operator in writing.

3.10 The Customer may request in writing to the Operator to disconnect and reconnect basic electrical equipment and whitegoods on collection and delivery, however in the event the Operator carries out this work, the Customer agrees that the Operator will not be liable

for any Claims in relation to this work, including if the equipment or whitegoods are not disconnected or reconnected to a workmanlike standard.

4.1 Where Services are for storage of Goods, the Operator shall, if requested in writing by the Customer prior to the Operator receiving the Goods, prepare an inventory of the Goods received at the time of their receipt (the List) and the Customer shall, if satisfied that the List is complete and accurate, sign the List or a copy thereof. The Operator shall provide the Customer with a copy of the List. If the Customer signs the List (or does not sign and fails to object to the List within 7 days of being provided to the List), the List shall be deemed accurate.  Such List shall disclose only visible items and not any contents thereof unless the Customer shall so request, in writing, for the Operator to include in the List, in which case this shall be deemed Additional Work.

4.2 The Customer shall furnish to the Operator a phone number, email address and home/office address to which the Operator may forward any notice or correspondence and shall promptly notify the Operator of any changes.

4.3 The Customer acknowledges that the Operator may increase the Fee for storage of Goods (the Storage Fees) every 6 calendar months, or in other intervals as determined by the Operator in its absolute discretion. The Operator will provide the Customer at least 14 days’ prior written notice of the increased Storage Fees. The Customer agrees to pay the increased Storage Fees, unless the Customer cancels the storage Services by providing written notice of the Customer’s intention to cancel to the Operator and the Customer removes the Goods from the Operators’ storage facility (the Stored Goods) prior to the date the Operator has advised the increased Storage Fees will commence.

4.4 The Operator is authorised to relocate the Stored Goods from one warehouse to another without notice or cost to the Customer.

4.5 The Customer shall be entitled upon the giving to the Operator reasonable notice, to inspect the Stored Goods at a time agreed by the Operator, which shall be deemed Additional Work.

4.6 The Customer shall give to the Operator not less than 10 business days’ notice (confirmed in writing by the Operator) of requirement to remove the Stored Goods.

4.7 If the Customer requests the Operator undertake work which is additional to the Services as included in the Quote (the Additional Work) or the Operator advises work is Additional Work and the Customer agrees for the Operator to undertake the Additional Work, then the Operator will advise the Customer of the additional Fee for the Additional Work (the Additional Fee). If the Customer then agrees for the Additional Work to be carried out, either explicitly or by implication of accepting the Additional Work, then the Customer must pay the Additional Fee. If the Customer expressly, in writing, does not agree for the Additional Work to be carried out, the Operator may terminate the Services (in which case the Customer must pay all Fees incurred up until the time of termination) or continue with the Services without carrying out the Additional Work.

4.8 All Goods received by the Operator shall be subject to a general lien for any moneys due by the Customer to the Operator relating to the Services and/or Additional Work and moneys which the Operator has paid for which the Customer is liable to pay.

5.1 Neither Party shall be liable to the other for any loss or damage (direct or consequential) occasioned to the other from any cause beyond the control of the Operator or the Customer, as the case may be, including delay in transit, industrial disputes, acts of god, weather difficulties or acts of third parties. In any case the Customer shall indemnify the Operator against any loss or damage caused through delay.

5.2 The Operator shall not be liable for the loss or damage caused or contributed to by improper or inadequate packing or unpacking, unless the Goods damaged were both packed and unpacked by the Operator, using the Operator’s branded boxes nor for electrical or mechanical derangement to Goods.

5.3 The Operator shall only be liable for loss or damage resulting solely from its negligence and such liability shall be limited to $100 per item of package or $500 in respect of all goods removed or stored pursuant to this contract (whichever is the lesser).

5.4 In circumstances where, the Operator is liable to the Customer notification of any loss or damage to goods shall be given by the Customer to the Operator in writing not more than 48 hours after delivery or in the case of loss, the date upon which the goods would ordinarily have been delivered. If no written claim is made within 7 days of the delivery date then the liability, if any, of the Operator hereunder shall thereupon cease.

5.5 In the event of the loss or damage of any article or articles in a collection, pair, set, suite, or other combination, the value of the particular article or articles lost or damaged shall be determined without regard to the value which such article or articles may have had as part of any such collection etc.

6.1 The Customer is wholly responsible to arrange or effect insurance of the goods removed or stored and full payment of premiums is required before uplift. No insurance will cover any internal operation of electrical equipment or Customer packed cartons or any non-visual items of furniture.

6.2 If the Operator, in discharge of any liability imposed hereunder or otherwise, makes payment of any amount to the Customer in respect of loss or damage to goods, the Customer hereby assigns to the Operator all rights which the Customer may have under any policy of insurance to recover such amount and the Customer hereby irrevocably appoints the Operator at the attorney of the Customer with full power in the Customer’s name to claim, demand, sue for and recover any such amount and the Customer shall execute all such documents and provide all such information as may be necessary to enable the Operator to obtain the full benefit of this condition.

6.3 Itemised lists of values for insured items must be supplied to the Operator prior to any works undertaken.

6.4 When insurance is declined by the Customer, the Operator accepts no liability whatsoever, unless the insurance is declined as a result of the Operator’s breach of these Terms.

7.1 The Customer agrees to pay the Fees for the Services as listed in the Quote and any Additional Fees in accordance with these Terms and otherwise in accordance with any invoice the Operator issues. In the event the Customer does not pay the Fees when due, any discounts to the Fees as advised by the Operator will be void and the Customer must pay the full Fees, including any Additional Fees, for the Services on demand.

7.2 In order to book in the Services, when completing the booking form the Customer must provide the Operator with valid Visa, Mastercard or Amex details (the Card Details) in order for the Operator to be paid a $150.00 deposit (the Deposit). The Operator will then retain and use the Card Details in order to make payment on behalf of the Customer of any Fees, Additional Fees or Final Fees.

7.3 For interstate and long distance Services (as determined by the Operator) any fixed Fees in the Quote must be paid in full by the Customer prior to the Services commencing, unless otherwise agreed in writing by the Operator.

7.4 When an hourly rate is included in the Quote, Card Details are to be provided by the Customer to the Operator immediately on or before the last Goods from the delivery vehicle are placed within the delivery area.

7.5 The hourly rate for the Services will continue until clause 7.4 is satisfied.

7.6 The Customer agrees to pay for the time the Operator travels to and from the Operator’s base, at the hourly rate as Quoted, unless a call out fee has been agreed in writing by the Operator.

7.7 The Customer must pay the estimated Fee to be owed by the Customer to the Operator on request by the Operator on the day the Services are conducted.

7.8 The final Fee payable by the Customer will be verified by the Operator’s accounts department, to include Additional Fees, removal and storages costs, tolls, credit card surcharge, packing materials, and other associated costs when applicable (the Final Fee).

7.9 The Customer acknowledges that the Final Fee may be greater than any estimated Fee provided to the Customer prior to the Final Fee being calculated. Once the Final Fee has been paid the Operator will email the Customer, to the email address supplied, a receipt for payment.

7.10 Card Details provided by the Customer or their nominee for payment of a removal into storage will be used by default for ongoing storage payments, or new Services unless otherwise specified by the Customer.

7.11 Storage fees are charged monthly in advance at the monthly rate agreed. For storage periods of less than one month the Customer is to be charged per whole week(s) in advance of the storage period at the weekly rate agreed.

7.12 The minimum storage period charge is one week. If the Customer stores Goods with the Operator for less than one week, they must pay the Fees for one week.

7.13 If the Customer moves out of storage during month in which they have paid the Fees in advance, the Fees will be recalculated on a weekly basis and the Customer receive a partial refund for the period of the month they are no longer using the Service if the amount of days they are not using the Service is at least seven (7) days.

8.1 Payment must be made in the form of cash, Mastercard, Visa or Amex or direct debit only. No personal or bank cheques will be accepted.

8.2 Cancellation fees, as specified in the booking form provided to the Customer, may apply.

8.3 The use of Mastercard, Visa or Amex will incur a surcharge of 2% of the Fees to offset the charges made to the Operator from the credit card organisations. Storage Fees have a surcharge, which is determined by a third party and such surcharge is as listed in the Quote.

9.1 If payments of the Fees or any Additional Fees are in arrears for a period of 14 days or more, the Customer will be notified in writing, to pay the full amount owing within 14 days (the Demand Date) or clauses 9.2 and 9.3 will come into effect.

9.2 The Operator may terminate the Services and these Terms without prior notice, if any portion of the Fees are unpaid by the Demand Date or there is any substantial breach of these Terms by the Customer, including any illegal or environmentally harmful Goods being stored as stated in but not limited to Clause 3.6. The Customer may terminate these Services and these Terms in the event that the Operator commits a serious breach of these Terms by providing written notice to the Operator, in which event the Customer must pay all Fees for Services carried out prior to the Operator receiving notice.

9.3 Upon termination under clause 9.2, the Operator may (without prejudice to any other rights or obligations which the Operator may have under this contract or by law) cease providing any Services to the Customer and sell all or any of the Goods, without notice to the Customer, and apply the net proceeds in satisfaction of any amount owing by the Customer to the Operator. If any Goods fail to sell when offered for sale or if the Operator is of the opinion the items are not saleable or of insufficient value, the Operator has the right to dispose of the Goods at the expense of the Customer. Alternatively, if the Customer pays all owed Fees on or prior to the Demand date, the Operator may agree that the Customer may arrange for a third party to collect all Goods in the Operator’s possession and a fee charged by the Operator to facilitate the collection.

9.4 If the net proceeds of any Goods sold do not satisfy the amount owing by the Customer to the Operator, the Operator shall be entitled to engage an external Collections Agency, at the expense of the Customer, to collect money owed by the Customer, on the Operator’s behalf.

9.5 Access to stored Goods by the Customer is not permitted if Fees under the Terms are in arrears.

9.6 The Operator shall be entitled to charge interest of any amount payable under this contract and overdue for more than 28 days at the overdraft rate of the National Australia Bank. This is a default clause and should not be interpreted as an offer of credit.

9.7 A $10 dishonour fee will be charged for declined or cancelled credit cards provided for payment, per payment attempt, then Clause 9.8 comes into effect.

9.8 A late payment fee may be applied for declined debit/credit card payments or non-payment by bank transfer within 24hrs after delivery of goods or for storage fees due at 3% of the total amount due or $10.00, whichever is greater. The late payment fee may continue to accrue at 3% per week for the total amount due, or $10.00, whichever is greater for a period of no longer than 28 days. For periods of non-payment of 28 days or over clause 9.6 will come into effect. 

9.9 If the Customer only pays part of an amount owed to the Operator, it does not affect the Customer’s obligation to pay the balance of the amount to the Operator. Acceptance of a part payment will also not be a waiver of any kind of any other right the Operator may have under this Agreement.

10.1 Every special arrangement to the effect that Fees shall be paid by any person other than the Customer shall be deemed to include a stipulation that if such other person does not pay the said Fees when due then the Customer shall pay the said charges on demand.

10.2 The Operator hereby disclaims, and is released from, all claims, demands, losses, damages, proceedings, compensation, costs, charges, expenses and liabilities (collectively, Claims) relating to the Service, excluding Claims against the Operator’s breach of these Terms.

10.3 The Customer hereby releases, hold harmless and indemnifies The Operator (and its related entities and associates as defined in the Corporations Act 2001 (Cth), and keeps The Operator released and indemnified, from and against all Claims relating to any breach of these Terms by the Customer or its directors, employees, agents or contractors.

11.1 The Customer agrees that nothing in these Terms is intended to be construed as granting the Customer any goodwill or ownership rights in the any of the Operator’s intellectual and industrial property rights, whether subsisting now or in the future, including all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names, internet domain names, Services (collectively, the Intellectual Property). The Intellectual Property is the exclusive property of The Operator and its Related Entities or Associates.

11.2 The Customer agrees that it will not alter, adapt, use, recreate or otherwise change any of the Intellectual Property without The Operator’s prior written consent.

12.1 The Customer must keep the contents of these Terms, including the Fees and any other details of the Quote (collectively, the Confidential Material) confidential. The Customer must keep the Confidential Material in a secure place and ensure that no unauthorised entities obtain access to the Confidential Material not disclose the Confidential Material to a third party (except for the Customer’s legitimate advisors, employees and contractors) without The Operator’s prior express written consent, in which case the third party may only obtain access to the Confidential Material if they have agreed to be bound by confidentiality provisions which are the same as those outlined in this clause, The Operator may withdraw such consent at any time.

13.1 This clause applies to all disputes under these Terms or related to the Services.  A Party may not commence legal proceedings, except proceedings seeking urgent interlocutory relief, in relation to any disputes concerning these Terms or the Services, without first complying with the dispute resolution procedures in this clause 13. This clause 13 survives termination of the Terms and Services.

13.2 A Party claiming that a dispute has arisen must notify the other Party in writing of the details of the dispute. During the twenty-one (21) day period after the receipt of a notice under clause 13.2 the parties to the dispute will, in good faith, use all reasonable endeavours to settle the dispute by negotiation.

13.3 If a dispute is not settled by the Parties in accordance within the timeframe specified in clause 13.2, then the parties will endeavour to settle the dispute by mediation. The parties agree to select a mediator within fourteen (14) days of the date of notice of intention to mediate. If no mediator can be agreed, the parties agree that a mediator will be appointed by the Institute or Arbitrators and Mediators. The parties will share the cost of the mediator and any mediation room hire equally but will each be responsible for their own costs of preparation and attendance at mediation.

13.4 If the dispute cannot be resolved in accordance with clause 13.3, either party may serve notice referring the dispute to legal action. Such notice must be served on the other party in writing and served on the other party at least fourteen (14) days before the dispute is referred to legal action.

14.1 Any provision of these Terms that is unlawful or unenforceable in a jurisdiction will be ineffective in that jurisdiction and shall deemed severed from the Terms in that jurisdiction but shall not affect the validity and enforceability of any remaining provisions. The expiration or termination of these Terms does not operate to terminate or extinguish any of the continuing obligations under this Terms, including under clauses 4.3, 4.7, 4.8, 5.2, 6.1, 7.1, 7.2 and 10.2, 10.3 and 13 and those obligations remain in full force and effect and are binding upon the Parties. The Terms are governed by the laws of New South Wales and the Parties submit to jurisdiction of that state. A notice given to the Customer under these Terms may be delivered by hand, post or email. Notices provided by e-mail are deemed received on the transmission date of the email.