Conditions for Removal and Storage Contract


The removal quotation and the contract wording shall be read together thus forming the basis of contact between the Company and the Customer.
Prior to any work being commenced the company’s office copy of the contract and the insurance Proposal must be returned to the Company’s office bearing the Customer’s signature confirming both acceptance of the Contract and acceptance of one of the insurance options offered. Under no circumstances will any insurance claim be met where the removal charges and insurance premium are not paid in full.
Unless a company order number or confirmed letter of payment is supplied in advance, all removal charges must be prepaid prior to the work being undertaken. If not so prepaid, the Customer hereby grants a general lien to the Company over all goods subject to the Contract, in addition to any general lien granted by law. If the above prepayment requirement is not complied with the Company reserves all rights to amend any insurance cover to be known as the “Owner’s Risk”.
All work is to be carried out within the recognised working hours of the Company.
The Company reserves the right to increase its charges where:
(a) Unusually difficult access to the premises results in additional handling of the goods.
(b) Special handling equipment is required.
(c) Extra time is involved in taking down, putting up, dismantling, disconnecting or installing fixtures, fittings and appliances.
(d) Special packing of fragile articles is required
(e) Alterations to any of these conditions, or to charges levied by the Railways, Shipping Companies, Airways or other carriers before the work in the terms of Contract has been physically completed.
(f) The storage or removal of any property creates an increased insurance risk.
(g) Any delays on the part of the Customer result in extra costs.
(h) Any Government Authority (eg Police, Customs, or IRD) carries out a search of
the goods while in transit or in storage as a result of the alleged activities of the Customer.
(i) Interest may be charged on all overdue accounts at 2% per month. The increase shall be to such an extent as reasonably determined by the Company.
The Company will not accept for removal and/or storage any goods which may be dangerous, corrosive, inflammable, explosive, or be of a contaminating and damaging nature. If such goods are discovered by the Company, it may at its discretion and without notice remove, sell, destroy or otherwise dispose of these at the expense of the Customer. In doing so the Company will not be responsible or accountable for the value of such goods caused as a result of non-compliance with this clause by the Customer. The Company shall in now way be held liable for the death or bodily injury or property damage or consequential losses and will be indemnified by the Customer for any such claims made against it by any third party.
This contract is subject to all the conditions, stipulations and expectations expressed in any regulations, Bill of Lading, Consignment Notes or Contracts of any Railway, Shipping Company, Airway or other Carrier under which goods are carried.
For non payment or any other reason the Company may, after one month’s notice, in writing to the Customer or his authorised agent at the last known address terminate this contract absolutely. The Customer or his authorised agent must thereupon remove the goods. If the Customer or his agent fails to do so then the Company may proceed
with the sale of goods. The moneys received from such as sale shall pay any outstanding charges owing to the Company and the remainder will be held in trust for the Customer. The Company may remove goods from storage to store at its convenience provided always that the place of storage complies with the Company requirements and that the removal of goods does in no way alter the Contract. Insurance – Refer condition 14
(a) No agent or person employed by the Company shall have any authority to alter, amend, waive or qualify in any way the Contract. All the conditions, regulations, and stipulations hereon shall extend to an apply to any Agent to whom the Company may entrust the goods for delivery and/or storage. (b) If as a result of delays on the part of the Customer the goods have to be placed in storage, charges for the following services will be made in addition t the price quoted: cartage to and from store, store handling charges, storage rents, extension of insurance covers.
(c) It is the responsibility of the Customer to see that no article required to be removed is left behind, that no goods or fixtures are taken away in error and that articles left in unoccupied premises are protected. The Company accepts no liability in respect of any such matters, and the Customer shall indemnify the Company against all claims in respect thereof.
(d) It is agreed that the Customer or his authorised agent is to check the goods off at the point of destination. The Company will not accept responsibility for any missing or damaged items if this clause is not adhered to.
(e) While every effort will be made to effect prompt delivery at destination whether it be storage to house or from house to house no guarantees can be given as to the actual time and date.
(f) Securing items – The securing of the mechanism of any household, electrical, mechanical or electronic item or other appliance is the customer’s responsibility.
The Company or its Agent is excluded from any liability arising from damage to driveways, footpaths, gardening, landscaping, external ornaments and any underground or overground property services of any nature. Should the Company’s staff be instructed by the Customer or any person acting on their behalf to drive its vehicle across an area where such damage is likely to occur, compliance with such instructions will not in any way involve the Company in responsibility for damage which may be sustained.
It is agreed and understood that the sole responsibility for the Company’s vehicle and the contents being carried on behalf of the Customer remains with the Company’s employee or drivers. It is agreed that if there be any dispute between the Customer and the Driver regarding the manner in which the cartage is being carried out by the Company, then the Customer may forthwith telephone the General Manager of the Company.
The law of New Zealand shall apply to this Contract in total.
Cancellation of this contact by the Customer for any reason will mean the Customer is liable for any costs incurred. If a vehicle has already been scheduled to do the removal, the Customer will be liable for the removal costs in full. The enforcement of this clause shall be at the discretion of the Company’s management.
(a) Any excess or claim which is not covered by the insurance will be in no way the liability of the Company.
(b) Unless insurance is organised with the Company and paid in full prior to any work being commenced the goods will be carried and/or stored at owner’s risk.
(c) If the Customer insures outside the Company, no liability shall be accepted by the Company or its insurers.
(d) It is the Customer’s responsibility to inquire about insurance, not the Company’s responsibility to offer insurance.

Insurance Clauses


Your policy is subject to average, which means: If the property insured under the
policy is under insured at the time of loss, the following rules apply:

(a) If you suffer a total loss, the provision will have no effect.
(b) If you suffer a partial loss, the maximum amount that you may recover will bear
the same proportion to your actual loss as the amount for which the property is
insured bears to the full value of the property.
(c) Whatever the loss, in no case will you be entitled to recover more than the amount
for which the property is insured e.g. your property is worth $20,000. You insured it
for $10,000. You suffer a loss of $5,000. If your policy is ‘subject to Average’ the
maximum amount that you may recover will be $2,500.

Where any insured item consists of articles in a pair or set the Policy is not to pay more than the value of any particular part or parts which may be lost without a reference to any special value which such article or articles may have as part of such pair or set, or more tan a proportionate part of such pair or sets.
The Company’s liability is restricted to the reasonable cost of repair and no claim is to attach hereto for depreciation consequent thereon.
Your Cover excludes loss of or damage to mechanical, electrical or electronic derangements unless insured item or otherwise damaged.
In the event of loss or damage to any part or parts of an insured machine caused by a peril covered by the Policy for sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charged for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall be recoverable. Provided always that in no case shall the liability of the Company exceed the insured value of the complete machine.
Your Cover excludes loss or damage by climate or atmospheric conditions or extremes of temperature.
Your Cover excludes breakage, scratching, denting, chipping, staining and tearing of owner-packed effects, including trunks, suitcases and the like. Your Cover also excludes claims for missing items unless a valued list of contents is supplied by owner prior to commencement of transit and this is verified to the satisfaction of the Company.
Your Cover excludes loss of or damage to cash, notes, stamps, deeds, tickets, travellers cheques, jewellery, watches, trinkets or similar valuable items.
Deep freeze contents are not covered by this Policy.
The Company’s liability is restricted to the reasonable cost of repair of antiques and no claim is payable for depreciation consequent theron.
Plants and animals are excluded and will be carried on an ‘all care but no responsibility’ bais ie. the owner’s risk.