Terms and Conditions of Use

By signing our contract, you agree to pay for the Move in full after the move today.

We accept Cash, Visa or Mastercard (2.5%) surcharge.

We have standard Transit Insurance as explained in the text message you would have received when you booked. A Smooth Move Removals do NOT cover Accidental Damage Insurance. Accidental Insurance is an extra cost at your expense (the owner of the Furniture).

If you would like to engage Accidental Insurance please phone Removals Insurance Australia BEFORE the Move Commences, 1300 880 253. Also, check your home Contents Insurance as sometimes they will cover you while moving.

We are looking forward to making your move A Smooth Move.

WGB Pty Ltd T/A Smooth Move Removals – Terms & Conditions of Trade

1. Definitions

1.1 “Carrier” means WGB Pty Ltd T/A Smooth Move Removals, its successors and assigns or any person acting on behalf of and with the authority of WGB Pty Ltd T/A Smooth Move Removals.

1.2 “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Carrier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Customer’s executors, administrators, successors and permitted assigns.

1.3 “Consignee” shall mean the person to whom the Goods are to be delivered by way of the Carrier’s Services.

1.4 “Goods” shall mean cargo together with any container, packaging, or pallet(s) to be moved from one place to another by way of the Carrier’s Services.

1.5 “Services” means all Services supplied by the Carrier to the Customer at the Customer’s request from time to time, including, but not limited to, dispatch, pick-up, carriage, transportation, storage, consignment, delivery, or any other service provided by the Carrier in relation to the Goods. The same meaning shall be attributed to the word “carried” when used in the contract.

1.6 “Price” means the price payable (plus any GST where applicable) for the Services as agreed between the Seller and the Customer in accordance with clause 2 of this contract.

1.7 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts delivery of, the Services.

2.2 These terms and conditions may only be amended with both parties consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Carrier.

2.3 These terms and conditions may be meant to be read in conjunction with the Carrier’s quotation, consignment note, agreement, manifests, or any other forms as provided by the Carrier to the Customer. If there are any inconsistencies between these documents then the terms and conditions contained in that document shall prevail.

2.4 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

2.5 The Customer acknowledges and accepts that

3. Price and Payment

3.1 The Price shall be as indicated on invoices provided by the Carrier to the Customer in respect of the Services supplied.

3.2 Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by the Carrier, which may be:

(a) on completion of the Services;
(b) the date specified on any invoice or other form as being the date for payment; or
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Carrier.

3.3 Payment may be made by cash, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Carrier.

3.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Carrier nor to withhold payment of any invoice because part of that invoice is in dispute. In the event that the Customer makes a deduction from the amount payable, the Carrier reserves the right to treat all deductions as placing the Customer’s account into default.

3.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Carrier an amount equal to any GST the Carrier must pay for any supply of Services by the Carrier under this or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

3.6 The Customer acknowledges and agrees that the Customer’s obligations to the Carrier for the supply of Services shall not cease until:

(a) the Customer has paid the Carrier all amounts owing for the particular Services; and
(b) the Customer has met all other obligations due by the Customer to the Carrier in respect of all contracts between the Carrier and the Customer.

3.7 Receipt by the Carrier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Carrier ownership or rights in respect of this agreement shall continue.

4. Delivery and Consignment Note

4.1 The Carrier is authorised to deliver the Goods at the address given to the Carrier by the Customer for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the Goods in accordance with this contract if at that address the Carrier obtains from any person a receipt or a signed delivery docket for the Goods.

4.2 It is agreed that the person delivering any Goods to the Carrier for carriage or forwarding is authorised to sign the consignment note for the Customer.

5. The Carrier not a Common Carrier

5.1 The Carrier is not a Common Carrier and will accept no liability as such. All Goods are carried or transported and other Services are performed by the Carrier subject only to these conditions, and the Carrier reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.

6. Insurance

6.1 The Carrier will not, without the Customer’s written instruction, and the Carrier’s written approval, insure the Goods, and:

(a) the Goods are carried and stored at the Customer’s sole risk and not at the risk of the Carrier;
(b) subject to sub-clause

(c):(i) the Carrier is under no obligation to arrange insurance of the Goods and it remains the Customer’s responsibility to ensure that the Goods are insured adequately or at all;

(ii) under no circumstances will the Carrier be under any liability with respect to the arranging of any such insurance and no claim will be made against the Carrier for failure to arrange or ensure that the Goods are insured adequately or at all.

(c) any such insurance is at the Customer’s own expense. Where the Customer’s instruction does not specify the class of insurance to be effected, the Carrier may in its discretion affect that class of insurance which it considers appropriate. Such insurance shall exclude all claims resultant from:

(i) wear, tear, moths, vermin, damp, mildew or loss of market;
(ii) loss, damage or expensed proximately caused by delay;
(iii) strikes, riots, civil commotions or malicious damage of the insured Goods;
(iv) gradual deterioration, rust or oxidisation unless due to or consequent upon fire, collision, overturning or other accident;
(v) any exclusion common to that class of insurance;
(vi) any other exclusion advised by the Customer to the Carrier, detailed in the special instructions.

7. Personal Property Securities Act 2009 (“PPSA”)

7.1 In this clause:
(a) financing statement has the meaning given to it by the PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PPSA created between the Customer and the Carrier by these terms and conditions; and
(d) security interest has the meaning given to it by the PPSA.

7.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions:
(a) constitute a security agreement for the purposes of the PPSA; and
(b) create a security interest in all Goods being transported by the Carrier.

7.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Carrier may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 7.3(a)(i) or 7.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Carrier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Carrier;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Carrier.
7.4 The Carrier and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
7.5 The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
7.6 The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
7.7 Unless otherwise agreed to in writing by the Carrier, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.
7.8 The Customer shall unconditionally ratify any actions taken by the Carrier under clauses 7.3 to 7.5.
7.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

8. Security and Charge

8.1 Despite anything to the contrary contained herein or any other rights which the Carrier may have howsoever:
(a) where the Customer (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Carrier or the Carrier’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer acknowledge and agree that the Carrier (or the Carrier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should the Carrier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer shall indemnify the Carrier from and against all the Carrier’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer (if any) agree to irrevocably nominate constitute and appoint the Carrier or the Carrier’s nominee as the Customer’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 8.1.

9. Loss or Damage

9.1 Subject to clause 11 and any statutory provisions imposing liability in respect of the loss of or damage to the Goods, the Carrier shall not be under any liability for:

(a) any delay or any loss or damage to the Goods occasioned during carriage arising from any Force Majeure or any confiscation, requisition, destruction of or damage by order of any authority, or seizure under legal process;

(b) compliance with the directions of any person or lawful authority entitled to give them;

(c) deterioration (including accidental damage or wear and tear), contamination (including any contamination of any grain or other cargo compromising the Goods), evaporation, breakdown or malfunction of any refrigeration or cooling equipment, wrongful delivery, misdelivery, delay in delivery or non-delivery of the Goods whenever or howsoever occurring (and whether the Goods are or have been in the possession of the Carrier or not);

(d) any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of any delay in delivery, forwarding or transit or failure to deliver the Goods;

(e) any act or omission whether wilful, reckless, negligent or otherwise of the Carrier, or its servants or agents or subcontractors;

(f) any failure to follow instructions given to the Carrier by, or on behalf of, the Customer, whether or not such failure is wilful;

(g) any latent defect or inherent vice or natural deterioration or wastage of the Goods or packaging; and

(h) any act, omission or neglect of the Customer, including insufficient or improper packaging, labelling or addressing or quality of description of the Goods, or failure to take delivery, or any handling, loading, storage or unloading of the Goods.

10. Claims

10.1 Notwithstanding clauses 6 and 9, in the event that the Customer believes that they have any claim against the Carrier then they must lodge any notice of claim for consideration and determination by the Carrier within twenty-four (24) hours of the date of delivery, or for non-delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.

10.2 The failure to notify a claim within the time limits under clause 10.1 is evidence of satisfactory performance by the Carrier of its obligations hereunder.

11. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

11.1 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

11.2 The Carrier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

11.3 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Carrier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services. The Carrier’s liability in respect of these warranties is limited to the fullest extent permitted by law.

11.4 If the Customer is a consumer within the meaning of the CCA, the Carrier’s liability is limited to the extent permitted by section 64A of Schedule 2.

11.5 If the Carrier is required to rectify, re-provide, or pay the cost of re-providing the Services under this clause or the CCA, but is unable to do so, then the Carrier may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Customer which were not defective.

11.6 If the Customer is not a consumer within the meaning of the CCA, the Carrier’s liability for any defective Services is:

(a) limited to the value of any express warranty or warranty card provided to the Customer by the Carrier at the Carrier’s sole discretion;
(b) otherwise negated absolutely.

12. Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Carrier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

12.2 If the Customer owes the Carrier any money the Customer shall indemnify the Carrier from and against all costs and disbursements incurred by the Carrier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Carrier’s Contract default fee, and bank dishonour fees).

12.3 Further to any other rights or remedies the Carrier may have under this contract, if a Customer has made payment to the Carrier by credit card, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Carrier under this clause 9 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.

13. Cancellation

13.1 Without prejudice to any other remedies the Carrier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Carrier may suspend or terminate the supply of Works to the Customer. The Carrier will not be liable to the Customer for any loss or damage the Customer suffers because the Carrier has exercised its rights under this clause.

13.2 The Carrier may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Customer. On giving such notice the Carrier shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to the Carrier for Works already performed. The Carrier shall not be liable for any loss or damage whatsoever arising from such cancellation.

13.3 In the event that the Customer cancels the delivery of Works the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Carrier as a direct result of the cancellation (including, but not limited to, any loss of profits).

13.4 Cancellation of orders for products made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

14. Privacy Act 1988

14.1 The Customer agrees for the Carrier to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Carrier.

14.2 The Customer agrees that the Carrier may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.

14.3 The Customer consents to the Carrier being given a consumer credit report to collect overdue payment on commercial credit.

14.4 The Customer agrees that personal credit information provided may be used and retained by the Carrier for the following purposes (and for other agreed purposes or required by):

(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Services.
14.5 The Carrier may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
14.6 The information given to the CRB may include:
(a) personal information as outlined in 14.1 above;
(b) name of the credit provider and that the Carrier is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Carrier has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Carrier, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
14.7 The Customer shall have the right to request (by e-mail) from the Carrier:
(a) a copy of the information about the Customer retained by the Carrier and the right to request that the Carrier correct any incorrect information; and
(b) that the Carrier does not disclose any personal information about the Customer for the purpose of direct marketing.

14.8 The Carrier will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

14.9 The Customer can make a privacy complaint by contacting the Carrier via e-mail. The Carrier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

15. General

15.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

15.2 These terms and conditions and any contract to which they apply shall be governed by the laws Queensland of the state in which the Carrier has its principal place of business, and are subject to the jurisdiction of the courts in that state.

15.3 Subject to clause 9, the Carrier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Carrier of these terms and conditions (alternatively the Carrier’s liability shall be limited to damages which under no circumstances shall exceed the Price).

15.4 The Customer agrees that the Carrier may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for the Carrier to provide Services to the Customer.

15.5 Where the Carrier is unable, wholly or in part, by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Carrier, including but not limited to any act of God, war, terrorism, strike, civil commotion, lock-out, general or partial stoppage, restraint of labour, industrial action, fire, flood, storm, etc. (“Force Majeure”) to carry out any obligation under this agreement and the Carrier gives the Customer prompt notice of such Force Majeure with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform or be delayed in performing that obligation and uses all reasonable diligence to negate or remove that Force Majeure as quickly as possible, that obligation is suspended, so far as it is affected by Force Majeure, during the continuance thereof. The requirement that any Force Majeure shall be negated or removed with all reasonable diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the Carrier.

15.6 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.