1. Definitions
Booking Form is an indication to the form provided to you prior to the start of the services which identifies Living the dream Logistics T/A Ashtons and the services that will be performed.
Contract means a contract for the performance of services stated in these terms and conditions and the relevant Booking Form.
Dangerous Goods means goods which are or may become dangerous, corrosive, explosive, flammable, infectious or capable of attracting pests.
Goods mean all goods which are the subject of services, including any container, packaging or pallets used in connection.
Services indicates to the services undertaken by contractors as stated on the Booking Form and may include one or multiple removal services, packing and unpacking services or other services.
Living the dream Logistics T/A Ashtons means Living the Dream Logistics Pty Ltd t/as Living the dream Logistics T/A Ashtons. US and OUR have corresponding meanings and includes each person who performs services and who is identified as such on the Booking Form.
Website means the Living the dream Logistics T/A Ashtons website located at https://shaunsmoves.com.au/
You means the person entering into a contract as the customer and who is identified as such on the Booking Form and each other person that that person is authorized to represent, and your has a corresponding meaning.
In these terms and conditions:
The singular includes the plural, and vice versa;
If a word or phrase is defined its other grammatical forms have corresponding meanings;
The word person includes an individual, a body corporate, a firm, an unincorporated body, a society, an association and an authority (including a government authority, department or agency);
A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes and permitted assigns;
The word costs include charges, expenses and legal costs (on a full indemnity basis);
An agreement, representation or warranty by 2 or more persons binds both or all of them jointly and each of them individually;
A reference to a document or an agreement is to that document or agreement as amended or replaced;
A reference to law means statute law, common law and equitable principles;
The meaning of any general language is not restricted by any accompanying example and the words includes, including any such as (or similar phrases) are not words of limitation; and
Headings do not affect interpretation.
2. Preliminary
We want your move to be smooth, safe and stress-free. These Terms & Conditions explain how we work, what you can expect from us, and what we need from you on moving day.
By signing a Booking Form with Living the dream Logistics T/A Ashtons prior to the commencement of the services, you acknowledge and agree that you:
Enter a contract with Living the dream Logistics T/A Ashtons and each contractor named on the Booking Form in your own capacity and as agent for each person you represent (and that each such person is bound by these terms and conditions); and
Have authority to bind each person you represent; and
Neither you nor any person you represent may make any claim against Living the dream Logistics T/A Ashtons (including in negligence or for breach of contract, whether by reason of an act or omission of Living the dream Logistics T/A Ashtons or a principal contractor) for loss or damage arising out of, or costs incurred in connection with, the performance of any services; and
You must indemnify Living the dream Logistics T/A Ashtons for all liability arising out of, and all costs incurred in connection with, any claim referred to in clause 2.3 which is made despite the operation of that clause.
You may only make a claim in respect of a particular Service against the particular principal contractor who provided that service and each such claim will governed by these terms and conditions.
3. Before We Get Started
We may choose not to take on certain jobs or items if they are unsafe, prohibited, unsuitable for transport or otherwise determined by us to be Dangerous Goods.
You must make sure the information you provide about your move (access, load size, inventory, dates, etc.) is accurate — it helps us quote correctly and plan the right resources. We rely on all information which you or any other person representing you provide(s) to us for the purposes of quoting for, and in connection with the performance of the services. Accordingly, you warrant the accuracy and completeness of all such information.
Prior to us quoting and performing services, you must:
Provide us with a reasonable estimate of the volume of goods to be transported or stored or other services to be performed so that we can determine how to appropriately resource the services;
Notify us (in writing if we so require) of any goods which:
Are Dangerous Goods;
Are inherently fragile or brittle;
Have a value in excess of $1,000; or
Are otherwise of a nature, importance or value (whether financially or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection.
You also confirm that you own the goods being moved or have permission from the owner.
4. Our General Rights and Discretions
We reserve the right to refuse to perform services:
For any particular person; or
In respect of goods of any particular class, at our sole discretion.
We are entitled, at our sole discretion, to determine the method, manner, time and route that services will be performed.
All times which we provide for performing the services are estimates only. While we will use reasonable endeavors to adhere to such times, we are not liable to you for any failure or delay in performing the services (nor is any contract repudiated by any such failure or delay).
You must ensure that all goods are provided to us in a condition which is suitable for us to perform the services (including, if applicable, by ensuring any goods are packed in a proper way to withstand the ordinary risks of transport, except to the extent that you contract Us to package goods for you).
If any information you supply to us at the time a booking is made is incorrect, inaccurate or incomplete, we may, at our sole discretion, perform services strictly as per our quotation or vary our charges to address any additional or modified services we are requested to perform.
5. Your Warranties
You warrant that:
All goods that will be handled by us as part of the services:
Are owned by you or a person you represent;
Comply with all applicable laws relating to their nature, condition and packaging; and
Do not comprise Dangerous Goods, unless you have otherwise disclosed this to us in accordance with clause 3(b); and
Each principal contractor is authorized to enter all premises at which services are to be performed by that principal contractor. If you do not own those premises you warrant that you have obtained all necessary consents to permit this.
If, after the commencement of services, we discover that the goods include Dangerous Goods which you have not disclosed to us in accordance with clause 3.3(b), you:
Authorize us to take any action we deem appropriate, at your expense and without incurring any liability to you, to dispose of, destroy or otherwise deal with those dangerous goods; and
Indemnify us for any other liabilities arising out of, and all costs incurred in connection with, the handling of the dangerous goods.
6. Being Present on Moving Day
You (or someone you trust) must be available during pickup and delivery so we can confirm items, placement and access.
If no one is available and we can’t deliver, your items may be placed into storage and extra charges may apply.
7. Removal Service
We are not common carriers and accept no liability to you as such.
You:
Must ensure that you, or a person who is authorized to represent you, is present when removal services are performed at both pick-up and delivery locations (including when goods are delivered into or loaded from store); and
Are responsible for ensuring that:
All goods are loaded and delivered at such locations and that no goods are overlooked; and
In the course of performing removal services, no other persons goods are transported in error; and
Must:
Pay our additional charges for any removal services we perform in relation to goods which were overlooked or another person’s goods which were transported in error; and
Indemnify us for all liabilities to third parties arising out of, and all costs incurred in connection with, any other persons goods transported in error.
If We cannot deliver goods because:
You or a person who represents you is not present at a delivery location;
We are unable to gain access to the premises at the delivery location; or
For any other reason beyond our reasonable control, We are entitled, at our sole discretion, to:
Return the goods to their pick-up location;
Store the goods at a place of our choosing within a reasonable proximity to the delivery location; or
Deliver the goods to your address, and charge an additional amount for doing so services (including, in respect of any subsequent re-delivery services). Any action taken by us under this clause 6.3 will, unless agreed otherwise, be taken to be a full discharge of our obligations with respect to removal services under the contract.
We may refuse to remove large or cumbersome goods or goods which weigh in excess of 60kgs (such as pianos, safes and billiard tables) if you have not notified us of those items at the time of booking. All such items will carry a separate additional charge and any damage which occurs will be at your sole risk.
If requested, we may but are not obliged to:
Dismantle and reassemble goods;
Transport goods out of windows, over balconies, off terraces or using fire or external staircases (including by use of any hired equipment (such as cranes) which we deem necessary or appropriate); or
Either ourselves or using sub-contractors remove and subsequently reinstate any obstructions (such as doors or windows or associated frames), if we consider it is safe to do so. In such circumstances, an additional charge will apply and any damage which occurs will be at your sole risk.
You must ensure that:
If applicable, loading docks and lifts are made available to us at pick-up and delivery locations for the duration of the period removal services are performed (if possible, on an exclusive basis); and
Our vehicles can gain access to pick-up and delivery locations and that adequate parking is available.
8. Storage Services
If goods are stored for in excess of 25 weeks (or any longer period agreed on the Booking Form), we may change the storage charges from time to time on giving you at least 4 weeks prior written notice.
You authorize us to transfer stored goods from one place of storage to another without cost to you. We will notify you of the transfer and advise the address of the new storage place not less than 5 days prior to the transfer (except in emergency, when such notice will be given as soon as possible).
You are entitled, upon giving us reasonable prior notice, to inspect goods in store, but we may apply an additional charge for this service.
Provided you have paid us for the entire agreed period of storage, you may require that goods be removed from storage at any time, by giving us not less than 7 days prior written notice. If you give us less notice, we will use our reasonable endeavors to meet your requirements, but shall be entitled to charge an additional amount for the short notice.
After the agreed period of storage you agree to remove the goods from storage within 4 weeks of a receiving a written notice from us requiring you to do so. If you breach this requirement, we may, upon giving you 2 weeks prior written notice, sell all or any of the goods by public auction or if that is not reasonably practicable, by private sale, and apply the net proceeds in satisfaction of any amount owing by you to us.
You acknowledge and agree that goods stored in our facilities are at the sole risk of the customer and Living the dream Logistics T/A Ashtons will not be liable for any physical loss of the goods and/or damage to, destruction or deterioration of the goods for any reason and by any cause, including by fire, lightning, flood, storm, earthquake, leakage or overflow of water, rust, corrosion, mildew, heat, spillage of material from any other part of the Facility, removal or delivery of the Goods, pests or vermin, burglary or theft by forcible entry into the Space, or any defect in or failure of the Space or any lock or other security system installed in the Facility.
For any goods in our storage, please be advised that they are not covered under our insurance. Storage insurance can be taken out by your own provider or refer to the storage link on the Website.
9. Other Services
Our standard removal services do not include packing or (other than placing items on the floor or some other flat surface) unpacking services. If you require packing or unpacking services (or other services, such as cleaning or locksmith services) you must notify us at the time of booking. Separate additional charges will apply to all such other services.
10. Items We Cannot Move
For everyone’s safety, we cannot move:
Firearms;
flammable, explosive or hazardous items;
chemicals or corrosive materials;
goods that may attract pests;
perishable food items; and/or
Dangerous Goods.
If you have anything unusual, please talk to us before moving day. We can decline items that pose a risk, and if dangerous goods are found later, we may dispose of them safely.
11. Access and Items Left Behind
You are responsible for ensuring your access ways are clear and safe. We also ask that you double-check all areas of the house to ensure nothing is left behind.
12. Delays Outside Our Control
We do our best to run on time, but delays can occur due to:
Weather;
traffic or road closures;
industrial action;
vehicle issues;
limited access; and
situations caused by third parties.
Time lost due to delays outside our control is charged at the normal hourly rate.
13. Wet Weather, Safety & Unhygienic Conditions
We take safety seriously. In extreme weather or unsafe conditions, we may need to pause or reschedule the move to protect your belongings and our team. We may also refuse to work in unhygienic or hazardous environments.
14. Booking, Deposit & Cancellations
A $150 booking deposit is required to secure your booking. A 1.9% card surcharge applies.
Cancellations will be subject to the following terms:
72+ hours before move: deposit refunded; and
Under 72 hours: deposit kept as cancellation fee.
Rescheduling will be subject to the following terms:
Free if changed at least 24 hours before your appointment
Under 24 hours is treated as a cancellation, whereby we reserve the right to retain the deposit.
15. Charges & Payments
Our standard rates for the services we provide and any additional amounts we are entitled to charge you are set out in the Booking Form.
Unless otherwise agreed with you in writing, our minimum charges are as follows:
Mon–Fri: 2-hour minimum
Saturday: 3-hour minimum
Sunday: 4-hour minimum
After the minimum time, all services we perform will be charged in 15 minute increments, rounded up to the nearest half hour, at our standard rates, unless:
We quote a fixed amount for a service (and the information you have provided to us as the basis for our fixed quote is correct, accurate and complete); or
We agree different rates with you in writing.
Unless we agree otherwise with you in writing, all of our charges (other than in respect of storage services) must be paid one hour before completion of the services. Our charges for storage services must be paid in advance at the time or times specified in the Booking Form.
You must pay, or reimburse us for, all third party costs that are incurred in connection with the performance of any services and which these terms and conditions require you to pay or permit us to charge you for.
You must pay all tolls (including those incurred in returning to a pick-up location), parking costs and (provided we have acted reasonably) parking fines which we incur in connection with the performance of the services.
Payments must be made in cash (by bank cheque or by Master or Visa credit cards. Visa/MasterCard attract a 1.9% processing fee.
If a date for the performance by us of any services is agreed upon your acceptance of our quotation or subsequently, and you require that date to be varied or the goods are not available on that date, we may charge an additional amount for costs we incur as a result of such variation or unavailability.
If you and we agree in writing that our charges will be paid by a third party, and if that party does not pay the charges on the date set for payment or, if no date is set for payment, within 7 days of the date of invoice, you agree to pay the charges.
If an amount is outstanding from you to us for more than 7 days, we may charge interest on that amount from the due date for payment until the amount is paid in full. Interest is calculated at the commonwealth bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 3%, accrued on a daily basis.
You must make payments to us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
You will indemnify us and will be liable for, all loss and damage, out-of-pocket expenses and all other reasonable expenses and disbursements incurred by us in this matter, including but not limited to legal costs on a solicitor/own basis, search fees, and debt collection costs (as if the debt had been collected) and any other contingent expenses incurred by us for the enforcement of any obligations we are at liberty to take against you, for the recovery of money owed by you to us.
16. If Your Move Changes
If the job takes longer, involves extra items, difficult access, delays or additional work, additional trucks we’ll simply charge for the extra time at the agreed hourly rate.
17. GST
All charges we quote you, or which We are otherwise entitled to charge you, are GST exclusive unless otherwise stated. You will be required to pay an additional amount in respect of the GST payable, which will not exceed 10% of the amount otherwise payable.
18. Lien
All goods received by us are subject to a general lien for any amounts due to us by you or any person you represent relating to any services provided under these terms and conditions or any other agreement.
If any amounts due to us have been outstanding for a period of 4 weeks, we may give 4 weeks prior written notice to you of our intention to sell goods which are subject to our general lien. If the outstanding amount is not paid within that further period, we sell any or all of the goods by public auction or, if that is not reasonably practicable, by private sale and apply the net proceeds in satisfaction of the amounts due.
The exercise by us of our rights under this clause 18 will not prejudice or affect any other rights that we have at law to recover the amounts due.
19. Insurance & Protection of Your Goods
Living the dream Logistics T/A Ashtons is fully insured for public liability, motor and transit risks as required by law. However, like most removal companies, we do not insure your personal belongings for accidental damage during loading, unloading or handling.
We recommend you organise your own removals insurance — we suggest Removals Insurance Australia, or any provider of your choice.
20. Damage to Goods
We take great care with your belongings However, we are not liable for:
damage caused by packing we did not perform
electrical or mechanical failure of appliances
items made from fragile materials (glass, particle board, MDF, etc.)
jewellery, watches, money or valuables not personally carried by you
data loss or any type of consequential loss
If our team accidentally causes damage and if we are at fault and damage is clearly caused by us, we will: Attempt repair, Or if repair is not possible, attempt replacement at fair value. Any replaced item becomes the property of Living the dream Logistics T/A Ashtons.
Reporting Timeframe
Any damage must be reported within 48 hours of the move. After 48 hours, we cannot accept responsibility due to handling and storage changes.
21. Your Responsibilities
To help us complete your move safely and efficiently, please ensure:
walkways, entrances and driveways are clear
parking is available for our truck
boxes are sealed, labelled and ready
pets and children are safely secured
fragile items are identified to our team
items are packed properly unless you purchased packing services
22. Exclusions and Limitations of Liability
Nothing in these terms and conditions shall be taken or construed as operating to exclude, restrict or modify any condition or warranty implied by statute Competition and Consumer Act 2010 or any equivalent State or Territory based legislation (each a Non-excludable Condition) if to do so would contravene that statute or cause any part of this clause 22 to be void. Where the law allows, our liability is limited to supplying the service again or covering the cost of having it supplied again.
We exclude:
From these terms and conditions, all terms, conditions and warranties implied by statute, general law or custom, except any Non-excludable Condition;
All liability to you in negligence for acts or omissions of us, our employees, agents or contractors arising out of or in connection with the services or these terms and conditions; and
All liability to you in contract for consequential or indirect damages, including loss of profits, loss of revenue, loss of use, loss of contract, loss of goodwill, or increased cost of working and damage suffered as a result of claims by any third person.
23. Governing Law
These terms are governed by Queensland law. Any dispute may be handled through QCAT or another appropriate tribunal.
24. General
These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications whether written or oral, in relation to their subject matter.
If any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if enforce ability in any other jurisdiction or the enforce ability of any other part of these terms and conditions.
All waivers must be in writing. A single or partial exercise or waiver by a party of right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other night.
Except as expressly stated otherwise in these terms and conditions, out rights under the these terms and conditions are cumulative and are in addition to any other rights at law.
We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we elect to do so, you will be informed at least two days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all your post-termination obligations under it.