Terms of service

SMOOVER SUPPLY & CO - Terms and Conditions

A. Terms and Conditions for Removals

Definitions
In these conditions:
1.1 “We” means Smoover mover and “Us” and “Our” have corresponding meanings;
1.2 “You” means the customer that has requested our Services which We have accepted and in doing so enters into this agreement for Services with Us and “Your” has a corresponding meaning;
1.4 “Goods” means all goods You agreed We move subject of the Services and including but not limited to packaging, boxes, pallets, containers or other devices/materials used to protect and/or carry the goods provided by You for the Services;
1.5 “Services” means the whole of the work to be undertaken or arranged by Us in connection with moving the Goods;
1.6 “Subcontractor” means any person other than one of Our employees who under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services.
1.7 Words in the singular include the plural, and words in one or more genders include all genders and words importing a person, include firm, corporation or other entity where appropriate.
We are not Common Carriers
WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse at our sole discretion to provide Services for any particular person and any goods or classes of goods.
Your Obligations and Warranties
3.1 Information supplied by You.
You warrant that any specific detail and information which You have provided to Us and on which We have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work is accurate and sufficient to arrange and perform the Services.
3.2 Owner or Authorised Agent. You warrant that, in entering into this agreement, You are either the owner of the Goods, or the authorised agent of the owner entitled on its behalf to consign the goods upon and subject to the terms of this agreement.
3.3 Presence at Loading/Unloading. You will ensure that You or some person on your behalf is present when the Goods are loaded or unloaded.
3.4 Adequacy of Packing/Suitability of Good for Services. You warrant that the Goods are adequately packed (if packed by You and not Us) and suitable for the Services contracted. You warrant the accuracy of all markings and brandings of the Goods, descriptions, values and others particulars furnished to Us for the Services.
3.5 Dangerous Goods. You warrant that the Goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor likely to encourage any vermin or pest unless You have disclosed to Us in writing the presence and nature of any such items prior to them being made available to Us for loading. We may refuse to remove such items. If We discover any article or substance of this nature after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any liability to You.
3.6 Repair/Replace Service. At our sole discretion and without legal obligation, we may agree to repair or replace your Goods if damaged up to the value of $500. Our legal liability in respect of our Services is set out in various subparagraphs of 7, 8 and 9 below which deal with Our responsibilities and liabilities to You.
3.7 Fragile Goods and Valuable Items. You will, prior to the commencement of the Services, give to Us written notice of any Goods which are of a fragile or brittle nature and which are not readily apparent as such, or which are unique and valuable such as jewellery, precious objects, works of art, money, financial instruments, collections of items or precision equipment in any case having a value in excess of $2,000. If you do not, You warrant that You will not make a claim against us or hold Us responsible or liable in any way and will indemnify us for any loss, damage, expense and/or liability occurring as a result of the provision of Our Services in relation to such Goods.
3.8 Goods Left Behind or Moved in Error. You will ensure, to the best of Your ability, that all Goods to be removed are uplifted by Us and that none is taken, or left behind, in error.
3.9 Plumbing and Electrical Work. You acknowledge and warrant that You are contracting our Services to move the Goods and that We are not experienced plumbers or electricians. Should you request Us, or should we reasonably be required, to disconnect or reconnect any Goods or any items from or to any service for the purpose of Us performing the Services, You warrant that any loss and/or damage or other incident occurring as a result of such work is for Your account, responsibility and/or liability. You warrant that You will not make a claim against us or hold Us responsible or liable in any way and will indemnify us for any loss, damage, expense and/or liability occurring as a result of the provision of such work.
Mode and method of Services and Subcontractors
4.1 Mode and method of Services. We shall be entitled to arrange or perform the Services by any reasonable method, mode, means or route (having regard to all the circumstances including the nature and destination of any other goods being carried on or in the conveying vehicle).
4.2 Subcontractors. We may contract a Subcontractor(s) to arrange, undertake or perform the whole or any part of the Services on any terms of the Subcontractor(s).
4.3 Liability of Employees/Agents/Subcontractors. Every one of our employees, agents and Subcontractors shall have the benefit of all provisions herein benefiting Us as if such provisions were expressly for their benefit and in entering into this agreement, We, to the extent of these provisions, do so not only for Us, but also as agent and trustee for such parties who each shall to that extent be deemed to be parties to this agreement.
Delivery
5.1 We shall not be bound to deliver the Goods except to You, the owner if You are acting as agent for the owner or a person that has been authorised by You to receive the Goods. If We cannot deliver the Goods either because there is no authorised person there to receive them on Our arrival, or because We cannot gain access to the premises, or for any other reason beyond Our control, We will be entitled to deposit the Goods into a warehouse at your risk and expense and will be entitled to charge You for additional amounts in respect of the storage, further transport and related expenses and for the subsequent re-delivery of the Goods.
Fees, Charges and Payments
6.1 Fees/Charges. You shall pay our fees rendered and any charges reasonably incurred by Us in respect of arranging, undertaking or performing the Services including fees, charges, taxes or any other expenses levied by Our agents, Subcontractors or third parties. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from place of receipt, otherwise delivered by You to Us or Our Subcontractor or on receipt of Our Invoice whichever occurs first. Fees and charges shall be payable in accordance with the terms stated in Our invoice or if not stated, will be payable on delivery. All fees and charges are non-refundable.