JOURNEYMAN MOVERS TERMS AND CONDITIONS
By booking with Journeyman Movers, you accept the following terms and conditions:
In this contract the following expressions shall have the following meanings: “Contractor” shall mean “Journeyman Movers” and shall include, where mentioned, it’s agents, employees and sub-contractors. The “Customer” shall mean and include the person making the Contract with the Contractor and any person authorising the work to be performed by the Contractor and any person on whose behalf that authority is given.
2.1 Any notice given hereunder may be given to the Customer personally, or via phone, email or text message. And unless otherwise provided, by ordinary post addressed to the Customer at the last address of the Customer known to the Contractor.
2.2 The Customer shall furnish to the Contractor an address to which the Contractor may forward any notice or correspondence and shall promptly notify the Contractor of any change of address.
3.1 The contract may be altered by mutual consent of the Contractor and the Customer, but so far as these conditions are concerned, the Contractor’s consent for any such changes may only be given by the proprietor of Journeyman Movers and must be evidenced in writing.
4 CONTRACTOR’S RIGHTS AND OBLIGATIONS
4.1 The Contractor may refuse to accept for removal or storage any, or all goods for any Customer, without being required to give any reason for such refusal.
4.2 The Contractor may at any time during the removal, interrupt the journey, transfer goods from vehicle to vehicle and travel to any destination by any route whatsoever.
4.3 The Contractor is not obliged to deliver any goods except to the Customer or authorised person (being of legal age), in order for the Customer to receive such goods.
4.4 The Customer is required to be in attendance when the Contractor arrives at the delivery address, in accordance with the contract. Therefore if the Contractor cannot gain access to offload the goods, the Contractor shall be allowed to deliver said goods to a storage facility, within a reasonable proximity and shall be deemed to have fulfilled the contract in full and after making allowance for savings, is entitled to make additional storage, handling and delivery charges thereafter.
4.5 The Contractor is obliged to notify the Customer of any change of circumstances, before exercising the above mentioned rights, whilst the Customer is entitled to proffer alternate instructions regarding the delivery of the goods, provided that after the allowance is made for any savings, the Customer shall be liable to meet any additional charges set by the Contractor.
5 CUSTOMER RESPONSIBILITIES
5.1 The Customer is solely responsible for the accuracy of all information (other than estimates of value) given to the Contractor; such as property access, size and weight of goods, work-place hazards, inventory of goods etc. Failure to provide accurate information may result in the job being cancelled, additional charges, or a callout fee being charged by the Contractor.
5.2 The Customer is the final authority to deal with all goods to be collected and delivered. It is the Customer’s responsibility to confirm their ownership, or nominate a third party with the authority to deal with such goods and to enter into this contract and shall indemnify the Contractor against any claim arising, or expense as a result of any breach of this clause.
5.3 The Customer shall ensure that they are in attendance at all times for both the loading and unloading of the goods, to ensure that the correct items are loaded and accounted for upon delivery and to oversee the move and the overall condition of the goods. Failure to be present in accordance with the contract may result in clause 4.4 being initiated and additional charges being imposed by the Contractor.
5.4 The Customer is forbidden from accessing any vehicle being operated by Journeyman Movers, or participating in the operation or activity of the agreed contract. All work is to be carried out by the Contractor or sub-contractors alone and any accident or injury resulting from infringing this clause will be deemed a breach of contract and in contravention of our insurance policy.
6 DANGEROUS OR NOXIOUS GOODS
6.1 The Customer shall not tender for removal or storage any article or substance of a dangerous, noxious, corrosive, inflammable, explosive or damaging nature, nor anything likely to encourage any vermin or pest and the Customer shall indemnify the Contractor against any loss or damage which may arise from the presence of any such article or substance and shall waive all liability against any claim arising therefrom. The Contractor shall upon notification or discovery, immediately remove such article or substance for disposal or destruction, without becoming liable to the Customer.
7 RESTRICTED OR PROHIBITED GOODS
7.1 The following items are not permitted to be moved unless previously agreed upon and an inventory submitted in writing to the management of Journeyman Movers and the Contractor is duly informed: Jewellery, watches, precious stones or metals, money, deeds, securities, stamps, coins, medals, antiques, or valuable collectables.
7.2 The Contractor accepts no legal responsibility nor liability for the removal or storage of prohibited or stolen items, drugs, explosives, firearms and ammunition or toxic substances, instigated by the Customer due to deceptive, duplicitous or devious actions or a purposeful omission to inform the Contractor of the presence of such prohibited goods.
7.3 The Contractor can refuse to transport plants and animals (birds and fish) and their cages and tanks if they are deemed a vermin or pest risk or likely to break, soil, leak or perish and cause an infestation or spoil other goods during transit.
8 GOODS LEFT BEHIND OR MOVED IN ERROR
8.1 It is the Customers’ responsibility to ensure that all goods to be moved are accounted for and to clearly state what is to be transported and what is to be left behind by the Contractor. In the event that an item is moved in error the Customer shall indemnify the Contractor against any claim arising or expense incurred, subject to a breach of clause 5.3
9 PAYMENTS AND CHARGES
9.1 Deposits may be requested by the Contractor and any such deposit is payable at the time of the initial booking. Failure to pay the deposit may result in a delay or cancellation of the removals service. Deposits are non refundable.
9.2 Journeyman Movers reserves the right to request payment from the Customer at any time before, or during the move, payable immediately. In the event of non-payment all goods received by the Contractor are subject to a lien of all moneys owing to the Contractor hereunder and such lien will continue notwithstanding that any portion of such goods has been delivered to the Customer or dealt with by the Contractor pursuant to its lien. if any amount payable hereunder by the Customer shall remain outstanding for a period of 1 month, after notification of intention to sell such goods, the Contractor may sell the goods or any part thereof by public auction or private sale and may apply the proceeds of such sale firstly towards payment of expenses of such sale (storage fees, sub-contractors payments etc.) and secondly towards payment of any balance owing to the Contractor and shall pay any balance remaining to the Customer or as required by law. The Contractor will not become liable in any way for or in respect of any act or omission of the auctioneer engaged by it.
9.3 Where the contract agreed by the Customer to be undertaken varies from the work for which the quotation is given (as to the nature or quantity of goods to be carried, whether any goods are required to be detached, dismantled, secured, assembled or installed, the location of the premisses from or to which the goods are to be carried, issues of access where not previously stated for loading and unloading, or alterations to times and dates upon which the goods are to be delivered) the Contractor shall be entitled to make a reasonable additional charge as recompense for time and labour costs, but otherwise these conditions and the quotation shall stand for the agreed work.
9.4 The contract is not considered completed until it is paid in full and any delay in payment will result in additional charges at the agreed hourly rate. If the Customer is not in attendance at the time of completion, they will continue to be billed until they arrive and finalise payment.
10 CLAIMS AND DAMAGES
10.1 Journeyman Movers provides the Customer with Goods in Transit Insurance and Public Liability free of charge and accepts full responsibility for any damage caused by the Contractor or sub-contractors, whilst they are still in attendance at the premisses, (subject to clause 5.3)
10.2 Any claims of damage by the Customer are deemed separate from the bill itself and must be reported immediately to Journeyman Movers BEFORE the Contractor leaves the premisses otherwise any subsequent claim is rendered null and void as it cannot reasonably be determined that the damage was caused by the Contractor whilst on site.
10.3 To lodge a claim for damages the Customer must firstly pay the excess on the Goods in Transit Insurance of $250 and should include as much information as is known in regards to the nature and extent of loss or damage, the value of the items involved and the estimated cost of repairs and or replacement.
10.4 The following categories are excluded or limited from our claims and damages: (i) Loss or damage of any goods not packed or unpacked by Journeyman Movers and it’s sub-contractors. (ii) Loss or damage of any pot plants, animals, bird cages, fish tanks, machines or vehicles. (iii) Loss or damage of any antique, jewellery, plate, precious object, art work, medal, money, coin, stamp, owner packed carton, bag, suitcase, collectable nor any article with family, sentimental or prestigious connotations (such as heirlooms, photographs and prizes), precision instruments or equipment whose value exceeds $250. (iv) Loss or damage of any fridge, washing machine, dryer, tv, computer, printer, stereo, microwave (as it cannot reasonably be determined that these goods were in working order before being moved). (v) Glass, mirrors, glassware, china, pottery, framed pictures, lamps, or fragile items (subject to category 10.4(i)), (vi) Journeyman Movers take no responsibility for the loss or damage to A-Mart, IKEA nor any other generic chipboard or flat-pack furniture. (vii) Damage to one of a pair or set of items is limited to the repair or replacement of the lost or damaged part without reference to any special value that such item may have as part of such pair or set. (viii) The increased level of responsibility does not extend to loss or damage due to the nature, characteristics or inherent fragility of any particular item making it susceptible to damage as a result of normal transit handling, poor road surfaces or atmospheric conditions. These exclusions and limitations are known by the Customer and are therefore subject to being moved at the “owner’s own risk” and the Customer hereby indemnify Journeyman Movers of any responsibility for these particular goods. The Customer fully understands the risks involved in moving such items and do not hold our Contractor or sub-contractors liable for any and all claims resulting from the loss or damage of such items aforementioned.
10.5 Journeyman Movers’ insurance policies do not cover loss or damage to internal or external buildings or structures. It is the Customer’s responsibility to have separate insurance, such as House and Contents Insurance, to cover such misadventures.
10.6 The Contractor shall not be liable for any loss or damage caused by any strike, labour dispute, act of God, flood, storm, tempest or explosion, rot, rust, burglary or the damage of any building, bridge, railway, road, or unforeseen delay, mechanical breakdown, act of third parties or causes beyond the control of the Contractor nor for anything arising as a consequence thereof.
Last updated: September 2019
Journeyman Movers is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adapted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information of an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers.
This Personal Information is obtained in many ways including (phone conversations, email correspondence, via our website www.journeymanmovers.com.au, from social media, from other publicly available sources) and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal information for the primary purpose of providing our services to you, providing information to our staff in order to fulfil work commitments. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we take reasonable steps to ensure that you are made aware of the information provided to use by the third parties.
To improve your experience on our website we use Google Analytics to collect, monitor and analyse website browser information, such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the times spent on those pages and other statistics. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in our files, which will be kept by us for a minimum of seven years
Access to your Personal Information
You may access the Personal Information we hold about you to update and/or correct it, subject to certain exceptions. If you wish to access your Personal information, please contact us via email.
Journeyman Movers will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
This Policy may change from time to time and is available on our website.