TERMS & CONDITIONS

• Definitions.

• “Agent” shall mean Easy Move Furniture Removals LTD and its successors and assigns.
• ‘’Customer’’ shall mean the Customer or any person or persons acting on behalf of and with the authority of the customer. Where more than one Customer has entered this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
• ‘’Goods’’ shall mean cargo together with any container, packaging or pallet(s) to be moved from one place to another by way of the Agent’s Services, or for storage by the Agent.
• ‘’Services’’ shall mean all services by the Agent to the Customer and are as described on the quotations, invoices, or any form as provided by the Agent to the Customer.
• ‘’Price’’ shall mean the cost of the Services as agreed between the Agent and the Customer subject to clause 4 of this contract.
• Acceptance.

• Any instructions received by the Agent from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein.

• Price and Payment

• At the Agents, sole discretion, the Price shall be the Agent quoted Price which shall be binding upon the Agent provided that the Customer shall accept in writing the Agents quotation within (30) days.
• At the Agents, sole discretion, a deposit may be required at any time.
• Time for payment for the Service shall be of the essence and will be stated on the invoice, manifests or any other forms. If no time is stated, then payment shall be due on collection of the Goods by the Agent.
• Payment will be made by Cash, internet banking or online banking from the invoice.
• GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
• 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 of the Agent.

• Agent Not Common Carrier

• The Agent is not a Common Carrier and will accept no liability as such.

• Route Deviation.

• The Customer shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the discretion of the Agent be deemed reasonable or necessary in the circumstances.

• Delivery.

• The Agent is authorised to deliver the Goods at the address given to the Agent by the Customer for that purpose and it is expressly agreed that the Agent shall be taken to have delivered the Goods in accordance with this contract.
• It is The Customer’s sole responsibility to address instructions to enable effective delivery.

• Lost, Damage or Delay.

• “This is a contract for carriage at owner’s risk in accordance with section 248(1)(a) of the Contract and Commercial Law Act 2017”.
• Subject to statutory provisions imposing liability in respect of the loss of or damage to the Goods.

(a) The Agents shall not be under any liability howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Agent or otherwise, for any damage or loss, deterioration, misdelivery, delay in delivery or non-delivery of the Goods (whether the Goods are or have been in the possession of the Agent or not) nor any instructions, advice, information or service give or provided to any person, whether in respect of the Goods or any other thing or matter, and 

(b) The Customer will indemnify the Agent against all claims of any kind whatsoever, howsoever caused or arising and, (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Agent or otherwise, brought by any person in connection with any matter or thing done, said or omitted by the Agent in connection with the Goods.

• Where it is necessary to use window or other tackle the Company accepts no responsibility for the damage to the Goods being removed or the premises from which they are removed.
• The Agent will not be liable for electro-mechanical damage to any electrical equipment or household appliances.
• The Agent shall be under no liability whatsoever for loss or damage to goods unless the Customer provided written notice to the Agent within (7) days after the delivery of the Goods.
• Any claim for damage to premises must be pointed out to the Agent at the time of the removal or delivery of the Goods and confirmed in writing no later than forty-eight (48) hours after the alleged damage.

8.   Consumer Guarantees Act 1993. This agreement is subject to the provisions of the       Customer Guarantees Act 1993 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specially excluded).

• Insurances.

• It is the Customers sole responsibility to arrange insurance for the Goods except for transit insurance arranged by the Agent.
• Transit cover arranged by the Agent (which covers damage or destruction of the Goods by virtue of the Agent’s vehicle being involved in a motor vehicle accident) extends from collection to delivery except where storage is required en route in which case transit insurance ceases once the Goods are placed in storage and special in-store insurance must be taken out.

• Unpaid Agent’s Right to Dispose of Goods.

• The Agent shall have a lien on any Goods (and any document relating to those Goods) in the possession or control of the Agent for all sums payable by the Customer to the Agent, and the Agent shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the Customer. The Agent shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods or cargo, from the proceeds of sale and shall render any surplus to the entitled person.

• Customers Responsibility.

• The Customer shall ensure that all Goods to be transported are removed by the Agent and shall indemnify the Agent against all claims in respect of Goods that are removed in error or left behind. Goods delivered to unoccupied premises are left there at the Customers risk.

• Default & Consequences.

• Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
• If the Customer default in payment of any invoice when due, the Customer shall indemnify the Agent from and against costs disbursement incurred by client basis and the Agents collection agency costs.
• Without prejudice to any other remedies the Agent may have, if at any time the customer is in breach of any obligation (including those relating to payment), the Agent may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. The Agent will not be liable to the Customer for any loss or damage the Customer suffers because the Agent exercised its rights under this clause.
• If any account remains overdue after (30) days then an account of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
• Without prejudice to die Agent other remedies at law the Agent shall be entitled to cancel all or any part of any order to the Customer, which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Agent shall, whether or not due for payment become immediately payable in the event that:

1. Any money payable to the Agent becomes overdue, or in the Agent’s opinion the Customer will be unable to meet its payments as they fall due; or
2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors or
3. a receiver, manager, liquidator (provisional or otherwise) or similar persons appointed in respect of the Customer or any asset of the Customer.

• Privacy Act 1993

• The Customer authorises the Agent to:

1. Collect, retain and use any information about the Customer, for the purpose of assessing the Customers creditworthiness or marketing products and services to the Customer; and
2. (b) to disclose information about the Customer, whether collected by the Agent from the Customer directly or obtained by the Agent from any other source, to any other credit provider or any other reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

• Where the Customer is an individual the authorities under (clause 14.1) are authorities or consents for the purposes of the Privacy Act 1993.
• The Customer shall have the right to request the Agency to correct any incorrect information about the Customer held by the Agent.

• General.

• 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.
• The Agent shall be under no liability whatever to the Customer for any indirect loss and/ or expense (including loss of profit) suffered by the Customer arising out of a breach by the Agent of these terms and conditions.
• In the event of any breach of this contract by the Agent, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Agent exceed the value of the Goods.
• The Agent may licence or subcontract all or any part of its rights and obligations without the Customer’s consent.
• Neither party shall be liable for any default due to any act of God, war, terrorism, strikeout, lockout, industrial action, fire, flood drought storm or other events beyond the reasonable control of either party.