TERMS AND CONDITIONS OF TRADE, AND DAMAGE REPAIR/COMPENSATION POLICY
This document contains the conditions of all trade between Scotty’s – “The Movers!” whose principle place of business is Unit 20A/1029 Manly Road, Tingalpa, Queensland 4173 (hereinafter referred to as “we” , “our” or “us”) and our customers (hereinafter referred to as “you” or “your”.)
In the event of damage to your goods as a result of our relocation service, we will at our discretion either compensate you for damage or repair damage that is our fault and caused by us.
To “repair” means to repair the damaged item, as near as possible, to its condition prior to the damage occurring. Such repairs will be arranged by us. No responsibility will be accepted for any other losses including loss of income, or loss of value to the repaired item, or loss to the value of a set where the damaged item was part of a set. Specifically, we consider each item as an individual piece and will not accept responsibility for a set being “mismatched” as a result of repair or replacement of a piece.
To “compensate” means to pay you an amount in lieu of repairing the goods. We do not offer a New for Old replacement of damaged items.
We will determine the amount of compensation offered by taking into account the purchase price of the item, the pre-damage condition, the severity of the damage, whether the damage affects the structural integrity and function of the item or is cosmetic only, the age of the item, and the second-hand value of similar items available on the open market. When comparative values of similar items (in terms of age and condition) are not readily available on the open market we will use the formula of: “original cost less 25% less an additional 7.5% for each year of age of the item”, to determine its value.
If a damaged item is no longer functional for its purpose, it will be considered a write-off in which case the valuation processes, as stated above, will be used to reach the compensation amount offered. If the item is damaged but still functional for its purpose, the valuation processes will be used to determine the loss in value as a result of the damage. For example, if an item is valued at $500, pre-damage, by comparison to the same or similar item in comparative condition (or via the formula when no comparison is available), and the same or similar item in comparable condition to the post-damage condition is valued at $400 (either by comparison or via the formula), the difference in value would be used to offer $100 in compensation for the loss of value resulting from the accidental damage. Whichever process is used to determine the pre-damage and post damage value will be the basis for the amount offered as either a write-off or a loss of value compensation payout. If an amount offered as compensation is not considered by you to be fair and reasonable, we advise you have the right of appeal through the Queensland Civil and Administrative Tribunal.
Our Terms and Conditions of Trade, and our Damage Repair/Compensation Policy are subject to the following:
- YOU OR YOUR ADULT REPRESENTATIVE MUST BE PRESENT ON THE JOB AT ALL TIMES. To save time no inventory will be written so pre-existing condition of goods must be verbally agreed upon. Therefore, you must be present to instruct our crew at the commencement of the job, be available to discuss any extenuating circumstances throughout the job, be available to answer any questions from our staff throughout the job, be present at the completion of the load and therefore be responsible to ensure that nothing you required to be moved has been left behind, be present to inspect your items as they are being unloaded. If you or your representative is not present at these times, for any reason, then Scotty’s – “The Movers!” will not accept liability for any alleged damage as the pre-existing condition or circumstances cannot be verbally established; nor will we accept responsibility for any costs incurred by you as a result of goods being accidently left behind.
- ANY DAMAGE MUST BE NOTED IN WRITING ON THE ELECTRONIC FORM PROVIDED ON THE DAY OF YOUR MOVE. Please ensure you are satisfied with the condition of your goods as they are unloaded as no claim will be accepted for any damage that is not noted BEFORE our staff leave the premises for any reason whatsoever EXCEPT where we have prepacked small items into boxes. We will accept claims for damages to items prepacked by us for up to 48 hours after your move is completed. Any such damage must be reported via telephone to 1300 669 409 during our trading hours or via email to firstname.lastname@example.org. Further, where such damage is discovered, the broken goods are to be left as found and no further unpacking of the relevant container is to occur without our approval as we reserve the right to inspect the damage in the relevant container.
- YOU WILL CONTACT OUR OFFICE STAFF TO REQUEST PROCEDURES COMMENCE FOR COMPENSATION OR REPAIR. In the event of damages occurring on your move and where you have noted such on the invoice as specified above, you will contact our office staff within 10 days of your move to request we begin the claims procedure. We will not accept liability for any alleged damages noted on the invoice if you do not contact us to request we commence our claims process within 10 days of your move.
- YOU MUST SIGN AFTER THE COMPLETION OF SERVICE. Upon completion of our service you must sign the invoice in the appropriate place. Failure to sign off the completion of the job for any reason will be interpreted as a job completed without damage or incident and no liability will be accepted for any alleged damages or for any other alleged costs incurred by you.
- MOTOR VEHICLE ACCIDENT. Where damage is the result of a motor vehicle fire, roll-over or collision we will lodge a claim with our insurers if the amount of damage warrants this action. In this event, the amount we pay to you as compensation for damages will not exceed the amount of our insurance payout. In the event of such a claim, our insurers may appoint an assessor who will handle your claim and all correspondence.
- EXCLUSIONS (in the following exclusions the term “mishandled” means dropping, rough handling or bumping an item).
Liability for damages will not be accepted under the following circumstances:
- PREDISCLOSED RISK. When you have been advised by our staff that damage may occur due to the nature or construction of the item, and/or the limited access available for manoeuvrability, we will not accept liability for any damages to your goods or to your building or fixtures, or any other losses incurred as a result of continuing the relocation.
- UNAVOIDABLE RISKS. Some items such as glass, concrete tables, pot plants, fish tanks, statues, ceramic ornaments, vases and similar items are more prone to damage than other household items due to their nature. As such we specifically do not accept liability for any damage to these items when no mishandling has occurred. If an item is carefully picked up, wrapped, placed in the truck and transported but cracks or breaks in transit when no mishandling has occurred, we do not accept liability for damage that occurs during the normal process of transporting goods by road transport.
Other unavoidable risks include goods that were originally “flat packed” items (for example IKEA products). We specifically do not accept liability for damage to these items as they are not designed to be transported when assembled.
- DISASSEMBLY/REASSEMBLY OF ITEMS. We are happy to disassemble/reassemble certain items, when arranged prior to the move. However this is done as a courtesy service upon request. As such, we do not accept liability for any incorrect assembly/installation or any damages as a result.
- UNKNOWN RISKS. We do not accept liability for damages caused by a defect in either goods or property that is not immediately obvious to us. This includes goods of flimsy construction that fall apart when lifted when no mishandling has occurred, and damage caused by a defect or unseen obstacle in a building that causes a fall or a slip.
- WET WEATHER. We advise that moving in wet weather is inherently dangerous and your goods may incur damage that includes being wet or soiled as a result of them being relocated in inclement weather conditions. We also advise that wet weather can cause some surfaces (both underfoot and of furniture or appliances etc.) to become dangerous and slippery. We also advise that any downtime caused by weather conditions is chargeable time as we cannot control the weather. Consequently, while our staff will relocate your goods to the best of their ability and in the safest manner they deem possible, we will not accept liability for any damage caused to your goods that is in any way weather related, including damage caused by dropping or falling due to slippery surfaces. No cancellation fee will be charged if you choose to cancel or postpone your move due to inclement weather conditions.
- ELECTRICAL GOODS. Electrical goods may develop faults from being relocated in spite of how carefully they are handled. As such we will not accept liability for internal damage to electrical appliances where we have caused no external damage as a result of mishandling. If an item is carefully picked up, wrapped, placed in the truck and transported but fails to operate after being moved, when no mishandling has ocurred, we do not accept liability for damage that occurs during the normal process of transporting goods by road transport.
- WITHHELD PAYMENT. We will not accept liability for any damages claimed if any of the payment due to us has been withheld for any reason or not paid by cleared funds.
- GOODS PACKED BY YOU. We will not accept liability for damage to any goods not packed by us.
- GOODS MOVED BY YOU. As you have the right to participate in the move, we will not accept liability for any damages to goods that were not moved exclusively by our staff. Goods moved by you with our staff assisting are not covered for accidental damage.
These Terms and Conditions of trade are in addition to any other rights or remedies that you have under the Australian Consumer law. Those additional remedies remain to the extent that they cannot be excluded. To the extent that they can be excluded then such rights and remedies are modified by these terms and conditions to the extent permitted by law. You are advised to seek out your own insurance if the cover offed by these Terms and Conditions is not considered by you to be appropriate for your possessions.
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