Terms & Conditions

Conditions upon which property is warehoused or removed and/or packed or dealt with by
BALLINA REMOVALS AND STORAGE
Hereinafter referred to as “The Contractor” or “Storer”

CONDITION OF REMOVAL

The Contractor is not a common carrier and does not undertake the obligations of a common carrier. The Contractor may, in his absolute discretion, refuse to accept for carriage any goods or class of goods and shall not be obliged to assign any reason for such refusal.

The liability (if any) of the Contractor for any loss, failure to produce or damage shall be limited to Twenty Dollars in respect of any one complete case, bundle, package or container (including a wardrobe, lowboy or article containing drawers) and its contents, or any one pair, set, suite or service (including plate, plated goods and valuables) of any one article not being in such a case, bundle, package, container, pair, set, suite or service, but such liability shall not in any event exceed the cost of repair or replacement. The Contractor shall be entitled instead of paying damages in respect of any article to repair or replace the same, and shall not be liable for depreciation respect of any article repaired. Liability (if any) for damage to premises, private roads, drains, bridges or culverts is also limited to $20.00 and the customer shall indemnify the contractor against all claims, costs or charges beyond that sum. The total liability (if any) of the Contractor for any loss, failure to produce or damage shall be limited to Two Hundred Dollars for any one removal.
The Consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor or sub-contractors for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such sub-contractor or sub-contractors who shall thereupon be entitled to the full benefit of these term and conditions to the same extent as the Carrier. In so far as it may be necessary to ensure that such sub-contractor or sub-contractors shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor or sub-contractors.
(a) It is a condition that there is a suitable and practicable road and approach for the Contractor vehicles to the property, and a suitable approach for the workmen from such vehicles to the door of such buildings to and from which the goods are to be removed, and that the goods are to be delivered not above a ground floor unless otherwise stated. If such conditions are not fulfilled an extra charge will be payable.

(b) It is a condition that all work can be conveniently affected by adequate staircases and doorways, but the Contractor may at its discretion and customer’s risk use windows and/or tackle and make extra charge for the same. The customer will indemnify the Contractor against all claims (except by the Contractor’s workmen) arising out of the use of tackle.

(a) Estimates do not include re-hanging of pictures and curtains, taking down or putting up or re-fixing fitments, fixtures, gas, electric or other fittings, billiard tables blinds, mirrors, heavy iron safes or coal or relaying floor coverings. A separate charge can be quoted for such work, and if undertaken these conditions will apply.

(b) Estimates do not include the cost of making a detailed inventory of goods packed in cases or otherwise but a quotation for preparing such detailed inventory may be obtained from the Contractor on application.

The Contractor shall not be liable for loss of, failure to produce, or damage (howsoever caused) to:-

Any goods during transference to or from boat, train, ferry or aircraft or transit by air or water whether on deck or otherwise.
Any articles in any wardrobe, drawer, package, bundle, case or other container not both packed and unpacked by the Contractor’s employees.
Jewellery, currency, notes or coins.
Live animals, including birds and pets of all descriptions.
Goods removed form or to a public scale room.
Goods removed from or into premises where there are other workmen unless a detailed written claim is made at the time of such removal.
Plaster casts, statuary or plaster or composition of picture frames.
Clocks, barometers, pianos, wireless, television sets or electrical apparatus, scientific, musical or other instruments, refrigerators or deep freeze units including mechanical derangement and deterioration of contents.
Any article which is brittle or inherently defective or in such a condition that it cannot be removed without risk of damage.
Articles of a perishable nature including leather or hide coverings or imitations of such.

It is the responsibility of the customer to see that:-

No article required to be removed is left behind.
That no goods or fixtures are taken away in error.
Articles left in unoccupied premises are protected.
Motors of electrical appliances are secured.

When goods are not packed by the Contractor, but only collected or removed for dispatch, or packed and handled to a third party by the Contractor no claim against the Contractor for any damage or loss howsoever caused shall be made after the goods leave their hands.
The Contractor does not accept responsibility or liability in respect of articles not specified on its inventory and will list and accept responsibility only for visible items except as to any specific item point out in writing immediately upon receipt of the Inventory. Unless requested and an extra charge is paid therefore, the inventory need not show condition of any goods or contents of any wardrobe, suite, drawer, package, article, case, bundle or other container. The fact that anything is or is not stated in the inventory shall not create any inference as to the state or condition of any goods.
All property received by the Contractor will be subject to a general lien for all moneys owing to the Contractor. If any rent, removal charges or other amounts due to the Contractor in respect of goods held are not paid within six months after same shall have become due, the Contractor may give notice to the customer in the manner provided by these conditions of its intention to sell such goods or if notice cannot be given in that manner the Contractor may publish such a notice in a daily newspaper circulating in Sydney. If all amounts due to the Contractor are not paid within fourteen days after the giving or publication of such notice the Contractor may examine the goods (and if necessary break open and container) and sell them or any part thereof at public auction and for that purpose place the sale and all matters relating thereto in the hands of any auctioneer without being liable for any act or omission of such auctioneer and the Contractor may apply the proceeds of the sale in or towards payment of the expenses thereof and any amounts owing to the Contractor in respect of such goods or by the depositor thereof.
Delivery from store:-

Written authority must be received four days prior to delivery being effected.
All monies owing to the Contractor plus the estimated charge for delivery must be paid prior to removal from store.

Any claim for loss/damage to goods or property must be made in writing within forty eight hours after the alleged loss/damage took place, failing which such claim will not be recognised.

CONDITIONS OF WAREHOUSING

On receipt of any goods deposited with it, the Storer will forward to the customer a receipt or inventory of the goods, and such receipt or inventory shall be conclusive between the parties unless some discrepancy be pointed out within 24 hours of receipt, or within 24 hours of the time when in the ordinary course of post, a letter addressed to the depositor at his or her address given in writing, or if there be no such address then to the address form which the furniture was removed to store. The liability of the Storer shall be limited by the said receipt or inventory, and it shall not be responsible for any property not described therein.
The Storer will not be responsible for loss or damage to any article contained in any furniture, box, or other receptacle, unless the same has been both packed and unpacked by its employees.
The liability of the Storer in respect of any one article, suite, service or package shall not exceed $20, except in the case of articles whose value shall have been previously declared by the Depositor, and for which a further sum has been paid or agreed to be paid by the Depositor by way of insurance. The amount of any such further sum shall be agreed in each case between the parties.
The Storer is not responsible for any plate, jewels, trinkets, pictures or other articles of special value, unless the same are contained in a sealed airtight package and notice thereof, in writing, is given to the Storer before the same are deposited.
Property deposited with the Storer may be insured through the Storer, at the request and cost of the owner, against destruction or damage by fire, but the Storer is not under any liability for any such destruction or damage.
The Storer is not liable for any destruction or damage arising from act of God, civil commotion, invasion, explosion, war, railway accidents, marine risks, deterioration of or deficiency of articles of a perishable nature, including leather or hide coverings or imitations of such, or otherwise than from negligence, nor from injury caused by moth, silver fish, vermin, borer, damp, rust or mildew, nor for any loss happening to articles of perishable nature.
No explosive or dangerous articles by vermin or borer, may be deposited without the previous knowledge and consent of the Storer, and any such articles may, upon being discovered, be destroyed or sold or otherwise disposed of as the Storer shall think fit without notice to the owner, and the balance of any monies realised by any such sale after paying costs thereof and incidental thereto, shall be credited to the Depositor’s account.
No articles deposited will be delivered to any person unless all the charges in connection with the warehousing and storing of same shall have been previously paid, and a delivery order in writing signed by the Depositor and sufficiently verified has been handed to the Storer, together with the inventory within contained.
All claims in respect of loss or damage must be made to the Storer, in writing, within 72 hours after delivery of the goods to the Depositor or his authorised agent, and any claims not made within such time shall be deemed to be waived. When workmen other than those of the Storer are in the house, the Storer shall not be responsible for or for the condition of the goods after delivery is made.
The Storer shall have a general lien on all goods deposited with it for any monies payable to the Storer on any account whatsoever.
Three clear days’ notice must be given by Depositors when withdrawal is required.

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Terms & Conditions