Little Red Trucks Conditions & Guarantee
This guarantee is given by Little Red Trucks Moving Company (ABN: 91 460 898 404) of 43-45 Edward Street, Brunswick Victoria 3056, Australia, hereinafter referred to as “we” or “us”. We provide a MOVING SYSTEM whereby we move directly door to door providing labour, moving expertise, handyman skills, equipment and materials – on an hourly rate/pay for what you use basis, as required and/or directed by the customer, hereinafter referred to as “you”. You have the freedom to control the time, by preparing and/or assisting with any part of the move, as you desire. Our conditions of trade are that we guarantee (at our cost) to repair any damage CAUSED BY US to your goods and/or property, subject to the following conditions:
1. MUST ALWAYS BE PRESENT ON THE JOB: It is agreed that to save time, no inventory of the goods will be made and we will verbally agree on any pre-existing condition of the goods. THEREFORE so we can make these agreements and/or exemptions from this Guarantee, either yourself or the appointed adult representative, must be present at all times during the entirety of the loading and unloading, in all situations. It is agreed that where you or your representative leave, for any amount of time, then the conditions of this Guarantee will become void.
2. MUST REPORT ANY DAMAGE BEFORE COMPLETION: As the existing condition of the goods are subject to verbal agreement, you MUST inspect all the goods as they are unloaded and/or relocated AND any damage considered to have been caused by us MUST be listed on your booking sheet. No claims will be accepted for any damage discovered after we have left the move.
3. MUST SIGN AFTER COMPLETION OF SERVICES: On completion of our services you MUST sign your booking sheet in the appropriate place. Failure to sign this document in the appropriate place voids this guarantee.
4. OUR DAMAGE ONLY: As you have the right to participate in the move, we are not liable for any damage not caused solely by us.
5. REPAIR DAMAGE: This Guarantee limits our responsibility to repairing damaged goods or providing replacement on a ‘like for like’ basis. The choice to repair or replace will be made at our discretion. Repairs will be made to as near the condition prior to the damage occurring and that these repairs shall be arranged by us. We reserve the right to use a repairer of our choice. Where a damaged item requires the repair to be completed off site we will arrange pick up & delivery of the item with you at our convenience. No responsibility is accepted for any other losses whatsoever including any consequential loss of value as a result of damage or repairs.
6. OPTION TO COMPENSATE: In lieu of repairing goods we have the option to compensate you, by paying to you the value of the damaged goods prior to the damage occurring. If that value cannot be agreed on between us and you it shall be assessed by an independent valuer chosen between us and, if we cannot agree, chosen by the President for the time being of the Victorian Law Society (or any replacement body for that Society). The costs of the valuer shall be paid by the party whose value differs most from the valuer’s.
7. SETS: Where an item is part of a pair, set, suite or collection of items, repair or compensation shall extend only to the proportionate part of the pair, set, suite or collection of items, regardless of any special value the damage or lost part may have as part of such pair, set, suite or collection of items.
8. VEHICLE DAMAGE: Where the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision or over-turning and we are compensated by our insurer for the damage to your goods, you will be compensated, but only within the ambit of the amount of our insurance payment.
9. EXCLUDED ITEMS: This Guarantee shall not apply:
(a.) Identified Risks: where the existing condition/circumstances of an item OR a particular direction or instruction contravenes our normal workmanship standards, SO THAT damage to that particular item MAY be unavoidable. It will be verbally agreed between you and us relating to an existing condition/circumstances of an item and hence will not be covered by this guarantee.
(b.) Unknown Risks: where the damage arises from conditions or things which are not known to us, for example from a defect to either goods or property that is not immediately obvious.
(c.) Unavoidable Risks: to particle-board furniture that has not been flat-packed for transport, electronic goods not packed in their original packaging or appropriate box suitable for transport, items in excess of safe lifting limits, marble or masonry items, pot plants or fish tanks or any other item whereby moving such an item can cause unavoidable damage due to the nature of that item.
(d.) Electrical Goods: to internal damage to electrical goods where we have caused no external damage, as some items may develop unavoidable faults no matter how carefully handled.
(e.) Your own packing: where the packed goods have not been packed by us
10. PAYMENT WITHHELD: This Guarantee shall not apply where any or all of the payment due to us from you is withheld or not paid by clear funds.
11. RECOVERY AND LEGAL COSTS: You are liable for any additional cost(s) incurred by us, as a result of us having to recover overdue or outstanding monies.
12. GOODS HELD IN LIEU OF PAYMENT: We reserve the right to seize, hold and where payment is not forthcoming, dispose of goods in lieu of payment.
13. SIGN TO COMMENCE: You MUST sign this sheet in the appropriate place BEFORE the commencement of work by us to indicate your understanding and agreement to these Conditions and Guarantee. Failure to sign in the appropriate place voids this Guarantee.
14. TRADE PRACTICES ACT: The promise to repair or replace or compensate provided by us is in addition to any rights that you may also have arising from the Competition and Consumer Act 2010 or other relevant consumer law. Those additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and any remedies arising therefrom are modified to the extent permitted by law.
Little Red Trucks (ABN 91 460 898 404)
43-45 Edward St
Brunswick VIC 3054
Australia
Phone: (03) 9380 6444.