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Terms and conditions

Please read these Terms and Conditions carefully. All contracts that the provider may enter from time to time for removal and cleaning services, shall be governed by these terms and conditions.

Please read these Terms and Conditions carefully. All contracts that the provider may enter from time to time for removal and cleaning services, shall be governed by these terms and conditions. And the providers will as the customer for the customer acceptance before providing removals and cleaning services to the customer. 

Terms and Conditions for Removals and Cleaning Services

1 Definitions and Interpretation 

a.  In this Agreement, unless the context otherwise requires, capitalised terms have the meaning given to them in the Quotation and: “Agreement” means these Terms and Conditions and any agreed Quotation and or Booking Confirmation issued under it and any documents attached to, or referred to in, each of them.

b. “Booking Confirmation” means the confirmation of your Booking that is provided to you (including any online or email confirmation), including relevant information such as but not limited to, the Price, the date the Services will be provided and the location at which the Services will be provided, and to which these Terms and Conditions are attached by reference.

c. “Liability” means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party or otherwise.

d. “Price” means the prices set out in the Quotation and Booking Confirmation for the provision of the Services, and all other expenses or disbursements properly incurred in the provision of the Services to You. 

2. Services 

The Removals and Cleaning Company (Magic Monster Removal and cleaning services) will provide the following services (moving and cleaning):

a. Removal Services: The Company will move the Client’s personal belongings, furniture, and other items from the Client’s current location to the new location, as specified by the Client.

b. Cleaning Services: The Company will clean the Client’s current and/or new location, including but not limited to vacuuming, mopping, dusting, and sanitizing.

3. Acceptance 

3.1 You have requested the Services set out in the Quotation and/or Booking Confirmation, and accept the Terms and Condition by: 

3.1.1 signing and returning the Agreement for Removal Services to Us, on the day of the move; 3.1.2 accepting the Quotation online or sending an email accepting the Quotation (expressly or impliedly) to Us or any member of the Company Group; or 3.1.3 instructing Us or any member of the Company Group (whether orally or in writing) to book/proceed with the Services; 3.1.4 making any full or part payment of the Price (including any deposit) to Us or any member of the Company Group; or 3.1.5 Accepting the Terms and Conditions through the link/web form on the booking confirmation email. 3.4 If the Booking Confirmation does not yet have Our details, a member of the Company Group will provide this to You at the earliest convenience, on Our behalf. 3.6 Please read these Terms and Conditions carefully and contact Us if You have any questions. 3.7 We will not commence performing Our Services unless the Terms and Conditions are accepted, and the Agreement is signed on the day of the move.

4.  Fees and Payment 

a. The fees for the Services will be provided to the Client in writing, prior to the provision of Services. The Client must pay the full amount of the agreed-upon fees before or after the Company commences the provision of the Services.

c. All payments must be made in the currency agreed upon by the Client and the Company.

d. The Client shall not withhold any part of the payment due to the Company for any reason.

e. Methods of Charging: We may charge You by way any of the following methods: fixed-fee; or hourly rates charged subject to clause; a combination of fixed-fees and hourly rates. Plus any additional charges that We are entitled to render under this Agreement.

f.  Time for Payment: Full payment of the Price for Services rendered is due immediately following the completion of the Services before the vehicle(s) leave Your premises. 

g. Multiple vehicles. If multiple vehicles are attending Your job, payment of the Price for each individual vehicle and the man on that particular vehicle is due before that vehicle leaves Your premises. You will receive one invoice from each vehicle.

h.  Payment for Services. You agree that, each member of the Company Group, is appointed as Our limited collection agent under this Agreement, and You may pay Us through Our appointed member of the Company Group, who may, from time to time, issue You with an invoice for any charges payable by You under this Agreement. You agree to make any such payments, including through Our appointed member of the Company Group, as per the instructions on the invoice.

5.  Start Time

a. Chargeable time will commence as soon as Our truck arrives at the (first) pick-up address that You have specified. Please note this is when the truck FIRST arrives at Your nominated address, not when a park has been found, not when You arrive or have been located or when paperwork is signed. All trucks are tracked by GPS and when the truck is located at Your address chargeable time will start. It is Your responsibility to have arranged adequate and legal parking for Our truck. Failure to make such arrangements may cause delays which You will be charged for. For gated communities, high-rises and apartments, start time is considered when the truck arrives outside the gated community or building complex, not at Your unit number. 

6.  Estimated Charges

If the Quotation or Booking states that the Price is an estimate only, You acknowledge that the final Price 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. 11.6.1 Quotations or Booking Confirmations on an hourly rate basis are always estimates and any timeframes provided are a guide only and we do not guarantee completion within those timeframes under any circumstances.

Depot/Travel Charges. Unless otherwise agreed in writing between You and Us prior to the commencement of the Services, depot/travel charges apply to all Services.

7. Cancellations and Rescheduling

a. The Company reserves the right to cancel or reschedule the Services at any time. In such a case, the Company will provide the Client with as much notice as possible and will provide the Services as soon as reasonably practicable.

8.  Liability and Insurance

8.1 Australian Consumer Law. Certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (“Statutory Rights”). Nothing in this Agreement excludes Your Statutory Rights as a consumer under the Australian Consumer Law. 8.1.2 This Agreement in Addition to Australian Consumer Law. You agree that Our Liability for the Service is governed solely by the Australian Consumer Law and this Agreement.

8.3 The Company shall not be liable for any damage or loss to the Client’s property that is not caused by the negligence of the Company.

8.4 The Client is responsible for obtaining adequate insurance coverage for the Services.

8.5 The Company shall not be liable for any loss of income, loss of profit, or any other consequential loss arising out of or in connection with the Services.

9. Liability for Loss or Damage Other than Goods

9.1 Because Third Party Providers or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. Therefore, Our Liability is limited as follows: 9.1.2 if We cause loss or damage to premises or property other than Goods for removal as a result of Our negligence or breach of contract, Our Liability shall be limited to making good the damaged area only; and 9.1.3 if We cause damage as a result of moving Goods under Your express instruction, against Our advice, and where moving the Goods in the manner instructed is likely to cause damage, We shall not be liable. 

10. Insurance

10.1 The onus is on You to obtain adequate insurances to cover loss or damage to Your goods. 10.2 If We, in discharge of any Liability, make payment of any amount to You in respect of loss of, damage to, or delay in delivery of the Goods, You hereby assign to Us all rights which You have under any policy of insurance to recover that amount and You hereby appoint Us as Your attorney with full power in Your name to claim and recover that amount and You will execute all documents and provide all information as may be necessary to enable Us to obtain the full benefit of this clause.

11. Health and Safety

a. The Client is responsible for ensuring that the Company’s staff have clear access to the premises where the Services are to be provided.

b. The Client is responsible for ensuring that the Company’s staff have access to the necessary utilities and facilities to carry out the Services.

c. The Client must notify the Company of any health and safety risks or hazards on the premises where the Services are to be provided

12. Confidentiality and Data Protection 

a. The Company shall keep all information provided by the Client confidential and shall not disclose any such information to any third party, except where required to do so by law.

b. The Company will process the Client’s personal data in accordance with applicable data protection laws.

13.  Term and Termination 

13.1 This Agreement will commence upon Your acceptance of this Agreement and will continue until the earlier of the date, we consider the Services to be complete or supplied to You in accordance with this Agreement; 13,3,2 On termination or expiry of this Agreement, you agree: 16.3.1 that any amounts You have paid for Services are non-refundable. 

14.  Goods Not to be Submitted for Removal and Storage 

14.1 Unless previously agreed in writing by Us or a member of the Company Group, You warrant that the Goods do not include any of the following items: 14.1.1 illegal or stolen goods or drugs; 14.1.2 potentially dangerous, damaging or explosive items (including but not limited to petrol, diesel, gas bottles, aerosols, paints, firearms and ammunition); 14.1.3 plants or goods likely to encourage vermin or other pests or cause infestation or contamination; 14.1.4 perishable items and/or those requiring a controlled environment; 14.1.5 any animals, reptiles, birds or fish; or 14.1.6 Goods which require special licence or government permission for export or import, (“Prohibited Goods”). 

14.2 If You cause Us to deal with Prohibited Goods without Our knowledge (for example, and without limitation, where Prohibited Goods are contained in sealed boxes that We did not pack) and We become aware, after loading the Prohibited Goods that they are Prohibited Goods, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any Liability to You. 14.3 You warrant that the Goods do not include jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind. We will not be liable for the loss of or damage to any such items during removal and/or storage. 14.4 ALL Your Valuables including but not limited to jewellery, watches, phones, trinkets, precious stones or metals, money, credit cards, wallets, deeds, securities, stamps, coins or goods or collections have been, or identification documents have been securely stored away in a safe place by yourself before We arrive and will be transported by You.

15. Contact Details

You must provide Us or a Member of the Magic Monster Removals Company with a contact address and contact telephone number for correspondence before, during and after removal, transit and/or storage of goods. 15.1 Mobile Phone Contact. You must ensure that You are available to receive telephone calls and reply to text messages from Us at any stage during the day that You are booked to have Services provided to You by Us. 

16.  Items to Fit Premises

The premises from which the Goods are to be removed (the “Original Premises”) and the premises to which the Goods are to be delivered (the “New Premises”) must contain doorways and stairwells which are large enough to reasonably accommodate the passage through of the Goods. Neither We or Our employees or agents are insured or trained to remove any doors or windows to accommodate the passage of Goods, and We reserve the right in Our absolute discretion to refuse to move or otherwise deal with any Goods which cannot reasonably pass through doorways and/or stairwells. We may leave the Goods in question inside of the Original or outside of the New Premises at Our discretion. In such cases, it is Your responsibility to organise the moving of the Goods at Your cost and neither We, nor any member of the Company Group, shall be liable for any loss or damage caused to You or the Goods in question caused by Our inability or refusal to move the Goods. 

17. Awkward Access and Unusual Circumstances.

For the purpose of this Agreement, “Awkward Access” includes but is not limited to: having no vehicle access; having no parking available in close proximity to the Original Premises or New Premises; (shared or no) lifts and cramped/tight stair and hallway conditions and balcony access. It is Your responsibility to inform Us or a member of the Company Group about any Awkward Access prior to the provision of the Services. We reserve the right to add extra reasonable costs due to unforeseen circumstances caused by Awkward Access or any other conditions which cause unusual delays, inconveniences or labour for Us or Our removalists (including but not limited to waiting for keys or gaining entry, provision of incorrect addresses and narrow stairwells). In addition, clause 17 applies to any Awkward Access or unusual delays, inconveniences or labour for Us.

18.  Notification of Loss or Damage. 

You must report any damage in writing before signing off/confirming the completion of Our Services. Failure to do so voids any Liability for loss or damage to You (to the maximum extent permitted by law.

19. Governing Law and Jurisdiction 

a. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where the Services are to be provided.

b. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts in the jurisdiction where the Services are to be provided.

20. Entire Agreement 

a. These Terms and Conditions constitute the entire agreement between the Client and the Company and supersede all prior agreements, understandings, and representations.

b. Any variations to these Terms and Conditions must be agreed upon in writing by both the Client and the Company..