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Terms & Conditions

DEFINITIONS

  • “Removalist” means Marlin Transport Busselton Removals ABN 42 383 442 026, or any person acting on behalf of and with the authority of Marlin Transport & Removals.

  • “Client” means any person/s requesting the Removalist to provide the Services, or person/s acting on behalf of and with the authority of the Client entering into this contract.

  • “Goods” means any goods or cargo together with any container, packaging, or pallet(s) which the Client has requested or arranged to be moved from one place to another by way of the Removalist’s Services, or for storage by the Removalist.

  • “Services” means all services provided by the Removalist to the Client at the Client’s request from time to time, as described on the quotation.


ACCEPTANCE

  • The Client is taken to have accepted and is immediately bound by these terms and conditions if the Client places an order for, or accepts Services provided by the Removalist.

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

  • These terms and conditions are to be read in conjunction with the Removalist’s quotation, or any other forms as provided by the Removalist to the Client.

  • The Client expressly warrants to the Removalist that the Client is either the owner, or the authorised agent of the owner, of any Goods or property that is the subject matter of this contract of cartage and/or storage, and by entering into this contract the Client accepts these conditions of contract for all other persons on whose behalf the Client is acting.

  • The Client recognises that there are always risks involved in the carriage of Goods, many of which are outside the Removalist’s or the Client’s control. All basic quoted prices are for the provision of carriage and other services whereby the Client understands and accepts that there are such risks, accepts any financial detriment or other losses that may result from the performance or non-performance of such work, and agrees that the Removalist shall not be responsible or liable for such losses.

 

BOOKING & PAYMENTS

  • On confirmation of booking, a 30% payment is to be paid by the client.

  • Client to confirm understanding of Terms & Conditions prior to move commencing.

  • Full remaining payment for the move is to be made by the client prior to the movers leaving the offload location.


QUOTATION
At the Removalist’s sole discretion the cost of service shall be:

  • as indicated on any invoice provided by the Removalist to the Client; and

  • will be valid for a period of 60 days.

  • The Removalist reserves the right to amend the quoted price.

  • At the Removalist’s sole discretion, a non-refundable deposit may be required.

  • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card – Visa, MasterCard or American Express (plus a credit card processing fee may apply per transaction), or by any other method as agreed to between the Client and the Removalist.

  • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Removalist nor to withhold payment of any invoice because part of that invoice is in dispute.

  • unless otherwise stated all prices are exclusive of GST and to be paid in full on completion of delivery or prior if stated otherwise.

 

PROVISION OF THE SERVICE

  • The Service is based on all goods being securely loaded and offloaded at the specified locations.

  • Rates of our Service is based on an hourly rate for 2 / 3 or 4 men with a 45m cube Pantech truck with 2 tonne tail lift only, for the loading and unloading of your standard household/furniture/goods.

  • Items that are deemed extra heavy, specialty or oversized will incur a surcharge for uplift and offload.

  • Stairs incur a surcharge to be discussed and agreed on the day with the team on job.

  • Once delivered, the Removalist accepts no liability for the loss or damages to the Goods.

  • Unless agreed by us in writing, our quotation does not include the following:

  • Dismantle/re-assemble of any furniture/equipment.

  • Packaging of goods into boxes and/or the supply of packing materials.

  • Any time specified by the Removalist for the delivery of Goods is an estimate only and the Removalist will not be liable for any loss or damage incurred by the Client as a result of delivery being late.

 

CLIENT-PACKED GOODS

  • If the Goods have not been packed by or on behalf of the Removalist, the Removalist shall not be liable for loss of or damage to the Goods caused by:

  • the manner in which the Goods have been packed; or

  • the unsuitability of the Goods for carriage or storage in the container(s); or

  • the unsuitability or defective condition of the container(s).

  • The Client agrees to notify the Removalist in writing, prior to pick up, of any Goods that are inherently fragile or of a nature or value that is not readily apparent, and of any special precautions which should be taken when carrying the Goods, of which the Removalist cannot be reasonably expected to be aware.

 

CLIENT’S RESPONSIBILITY

  • The Client expressly warrants to the Removalist that:

  • the Client is either the owner or the authorised agent of the owner of any Goods or property that is the subject matter of this contract, and by entering into this contract the Client accepts these terms and conditions for the Consignee as well as for all other persons on whose behalf the Client is acting;

  • the Goods are fit for carriage, comply with any applicable legal requirements relating to the nature, condition and/or packaging of the Goods (and that the expenses of complying with such requirements or any other lawful requirements of any authority, other body or the company shall be at the Client’s cost) and are not Dangerous Goods;

  • the person handing over the Goods to the Removalist is authorised to sign and accept these terms and conditions;

  • it is solely the Client’s responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery;

  • any packaging, labelling and/or marking by the Client accurately describes the Goods as to content, weight and method of handling or otherwise, complies with applicable dangerous goods codes, any other applicable laws and with any relevant Australian or international standards;

  • at the Removalist’s discretion, where differences or omissions between address and/or contact information written on the consignment and/or other documentation or in any form of communication (including, but not limited to, email and telephone) provided by the Client to the Removalist, the Removalist shall reserve the right to choose which delivery information is followed and shall not be held liable for any associated costs in relocation of the Goods if this address is the incorrect one.

 

LOSS OR DAMAGE

  • The Client acknowledges that:

  • the Goods are carried and stored at the Client’s sole risk and not at the risk of the Removalist.

  • the Removalist shall not be liable to the Client for any loss or damage suffered by the Client directly or indirectly caused.

 

INSURANCE

  • Our moving service includes public liability insurance & in-transit insurance for fire, collision and overturning of our vehicle whilst in transit from the upload address to the offload address, to the value of $70,000.   

  • If your goods are valued at more than this, please contact your home insurance provider and discuss your options for coverage during your move.

  • The Client agrees to accept all liability of the goods once delivered.

  • Marlin Transport & Removals does not accept any liability for any loss or damage to goods once they have been delivered.

  • It is the Client’s responsibility to arrange insurance to cover the goods in the unlikely event of accidental damage in the process of loading and unloading the goods from the truck (this is not covered in the transit insurance).  

  • It’s important to remember that the insurance for individual items is not provided by Marlin Transport & Removals.   Our moving rates reflect this and is industry standard.  Therefore, it is important to discuss your move with your home insurance company prior to your move to discuss any coverage you may want to put in place.

  • In most cases, transit insurance cover is adequate for home movers.   Setting cover at this level enables us to keep costs down for those who aren’t moving anything particularly valuable.  However, if you do have valuables to move, you should contact a reputable insurance company or your own current insurance company and discuss the cover you require.​

 

NOT COVERED

  • Our movers take due care and diligence when moving possessions.  We provide a service to do the hard work for our clients moving.  We do not sell insurance, and every move has its risks, therefore we can only recommend clients obtain insurance cover for peace of mind relating to their move.

  • The contents held within boxes packed by the customer or any individual other than a Marlin Transport & Removals staff member.

  • Any incident where the customer was involved in the lifting or carrying off goods or furniture.

  • Any cash and jewellery.

  • Any damage to flat pack furniture that is not dissembled prior to the move as per the manufacturer’s instructions. This furniture is not designed to be moved in an assembled format.  ie: Cots, bedframes, flat packed furniture.

  • Any paintings or Artwork that is not properly covered and or boxed ready for transit.

  • Any item that has pre-existing damage or flaws that may be exacerbated by moving the item if the Marlin Transport & Removals staff are not previously made aware of the existing issue prior to commencing the move.

  • Minor cosmetic damage to property or personal items, including but not limited to; nicks scratches, dings, chips, dents, flakes etc.

  • Outside influences that cause damage to items, such as weather, poor ground conditions etc.

  • Appliance Failure Internal electronics of an item, and internal mechanisms where there is no evidence of damage.

  • Natural Stone or stone statues or Ceramic Pot Plants.

  • Solid marble or slate furniture such as solid marble dining tables or slate in pool tables. 

  • Furniture incorporated with glass.

  • Fish Tanks.

  • If the access is sufficiently bad that damage to furniture is probable or unavoidable our removalist will inform you before moving these items and they will not be covered.

  • We do not offer coverage for items that are poorly made or in bad condition, antique or aged.

  • We do not cover clips, screws, bolts, hinges, handles that may lose integrity throughout the move.

  • We do not cover IKEA, chipboard or other furniture that easily falls apart.

  • Items that are damaged while being carried over uneven, difficult or steep terrain.

  • Washing Machines should be ready to go following manufacturers instruction (replacing moving bolts etc)

  • If movers are asked to install dishwashers or washing machines, no leaks or water damage from use after install is covered.  Please obtain a professional to confirm installation is adequate before use.

  • Not all furniture travels well, although we take extreme due diligence, care and caution, some items will lose integrity while being moved.  We do not cover these items.

  • Electrical fixtures or fittings like hanging lights or items that are left in place by the client that are in the way of the mover's access.

  • Items that mark door frames due to the size of the item and the limited size of the door frame.

  • Marks on walls, doors, frames or property.  Manoeuvrability within some properties is restricted to the size of the item and layout of the property.  Although due care is taken by our removalists, marks & scratches can occur.  These are more often than not, an inconvenience and easy to repair or clean by the client.

  • Driveways are not covered by our company.

 

CANCELLATION

  • Marlin Transport & Removals or team may at any time the Client is in breach of any obligation under these terms and conditions suspend or terminate the provision of Services to the Client.

  • Marlin Transport & Removals or team will not be liable to the Client for any loss or damage the Client suffers because the Removalist has exercised its rights under this clause.

 

PAYMENTS, DEFAULT OF PAYMENT AND CONSEQUENCES OF DEFAULT

  • ​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 Removalist’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

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

  • We reserve our right to withhold goods from the Client if payment has not been made in full by the Client.

 

GENERAL

  • 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.

  • These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which the Removalist has its principal place of business.

  • Neither party shall be liable for any default due frustration of contact.

  • 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

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