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Thread: Legal Advice: “Terms and Conditions”

  1. #1
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    Angry Legal Advice: “Terms and Conditions”

    Can anyone advise whether “Terms and Conditions” are binding if they haven’t been signed?

    Having issues with a moving firm who were negligent in the transport of a piano (they dropped it in front of us).
    This is their way of covering their arse (posted at the bottom of an email, my wife didn’t sign it, read it , or agree to it in the email).

    Terms and Conditions
    1. This contract is made between The Trust Movers Limited (“the Movers”) and ------------------------- (“the Customer”). All business undertaken by the movers, including the provision if any, advice, information or other services is undertaken upon and subject to these conditions.

    2. The Trust Movers accepts goods for carriage only upon these terms and conditions:

    2.1 For all house/office moves and furniture relocation and general freight movement, where prices are quoted based on information provided by the customer, Trust Movers Company reserves the right to modify prices as a result of incorrect volume, dimension and/or weight or access conditions e.g. stairs or balcony varying to those quoted by the customer at the time of booking. Additional charges may also be incurred for redirection, multi route, additional labour not requested, storage etc. There will be an extra charge of $ 50.00 for each item for any extra heavy , over sized item such as spa pool, piano, pool tables or any commercial items etc. So its customer's responsibility to inform in prior if the move includes any item of such or similar nature.

    2.2 If Trust Movers Ltd notices that goods are not safe to transport or insufficiently packaged and may cause potential damage to either the item being moved or other items, including the vehicle, the company reserve the right to reject acceptance of the item/s.

    2.3 The company withholds the right to delay the customer's job by 2 hours due to any unforeseen circumstances without waiving any charges. Should the service is delayed more than two hours the customer will be informed and will then come to a mutual decision at company's discretion.

    2.4 The Customer will not give to the Movers for packing, removal or storage:
    a) any article or substance which is, or is likely to be, of a dangerous, corrosive, inflammable, explosive or damaging nature, or anything likely to encourage vermin, bora, or any other pest. b) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of a similar kind.
    c) Prohibited or stolen goods, drugs/medicines, aerosols, paints, firearms and ammunition.
    d) The customers will empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
    e) Any animals and their cages or tanks including pets, birds or fish.

    2.5 The Customer will notify the Trust Movers if there is not suitable and convenient access to the place from which the goods are to be removed. The Contractor may make an extra charge due to any access restrictions and will not be liable for any goods damaged through the lack of such access. Its customer's responsibility to provide good , safe and secure parking/access/driveway/pathway etc. to the property for truck and movers.

    2.6 Obtain at your own expense, all documents, permits, and licences necessary for the removal to be completed.

    3.0 Other Liabilities & Limitations
    a) Whilst our team of movers provides highest care and attention to your house and property when carrying out your move, there remains the risk of marking/scuffs to door frames, internal walls and stairwells especially when handling large furniture and white ware items. Whilst the risk is low, all work carried at either loading or unloading site will be carried out at “Owners Risk”.
    b) Particularly note that damage caused by vehicles to lawns, driveways, footpaths, underground pipes, cables, sewerage and other underground installations is not covered. Should our staff be instructed by the property occupier, or any person acting on their behalf to drive, park or maneuver vehicles in or near an area where such damage is likely to occur, compliance with such instructions will not in any way involve the Company or its insurers in responsibility for any subsequent damage which may be sustained. Such responsibility will rest solely in the hands of the Owner.

    4.0 Carriers Liability – Items carried by Trust Movers is protected by Carriers Liability Insurance pursuant to the carriage of Goods Act 1979. This cover is free to our clients but has the following limitations:
    Goods are covered under "Carriers Liability Insurance" whilst in transit if the vehicle is involved in an accident and the furniture is damaged, then the goods are fully insured by our insurance company. For a more comprehensive cover, please contact your own insurance company. If you are not insured, Please call us to discuss further options
    a) If damage does occur intentionally, Trust Movers insurers will manage all claims.
    b) All claims will be forwarded onto our insurer’s office with relevant supporting documentation.
    c) Any claim must be lodged in writing within 24hours of the occurrence of damage or loss. Claims submitted outside this time will not be accepted.
    d) There is no liability for damage if goods have pre-existing damage, inherent damage/vice or where the damage has resulted from insufficient packaging.
    e) There will be no liability for damage to owner packed goods. If any glass or fragile item breaks unless factory packed or electrical appliances fail to operate after transit the company does not take any liability.
    f) There will be no liability for third party damage – i.e. in the event of an accident where the other party is found at fault, the carrier will not be liable for goods damaged in transit. In this case the customer must claim directly off the insurance company of the other party.
    g) In accordance with the Carriage of Goods Act, your claim will only be processed once complete payment of move has been received and acknowledged.

    5.0 Payment
    a) All residential and non-credit account moves are strictly cash, cheque or credit card payment unless pre-arranged with management. With commercial office moves, we allow a maximum 7 days account.
    b) All Credit Card payments (Visa and MasterCard) will be charged a 3% fee to cover Mobile EFTPOS terminal fees and transaction fees.
    c) Trust Movers reserve the right to ask for the payment before unloading the last item/items.
    d) If the full payment is not made when required then a late fees of $50.00 + GST applies after every 24 hours.
    e) All defaulting accounts will be forwarded to third party debt collectors at defaulter's expense.

    6.0 Misconduct and unacceptable behaviour with any staff member(s) may result in customer's booking being terminated at the company's discretion.

    7.0 Cancellation: $100.00 cancellation fee applies unless 48 hours notice is given via email.

    I’m thinking of having a go at them under the CGA, anyone in the moving industry here?

    If you got this far, thanks. Wife has learnt a valuable lesson here about reading the fine print.
    More meplat, more better.

  2. #2
    Member northdude's Avatar
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    I'm no legal expert but buy engaging their services you may have been accepting the terms and conditions

  3. #3
    Member cambo's Avatar
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    4.0 Carriers Liability – Items carried by Trust Movers is protected by Carriers Liability Insurance pursuant to the carriage of Goods Act 1979. This cover is free to our clients but has the following limitations:
    Goods are covered under "Carriers Liability Insurance" whilst in transit if the vehicle is involved in an accident and the furniture is damaged, then the goods are fully insured by our insurance company


    I would say the item is still in transit while in their care up until it is in situ in the property so the company and their insurance should cover any damage.
    But we all know insurance companies do anything they can to get out of paying out.
    Good luck
    gadgetman likes this.
    Life is natures way of keeping meat fresh

  4. #4
    Member Cordite's Avatar
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    Speak to Citizens Advice Bureau for advice and information. You can't for example sign away your statutory rights.
    If you have not paid them, you can take the matter to a disputes tribunal, but not once you have paid them - consider the option of blocking any payment through your bank.

    Or switch to an electronic keyboard. Much easier to pack and move.
    Guns don't kill people - drivers do.

  5. #5
    Member Marty Henry's Avatar
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    Tahr may be worth a pm

  6. #6
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    I think that if they have picked it up they have accepted it otherwise if they claim to have not accepted it then they are stealing and you could lay a complaint with police about theft .also let them know you will be asking on social media about your rights and asking if anyone else has had dealings with the firm and that you will be naming them , should get a response in your favour .

  7. #7
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    Have you lodged the claim within 24 hours?

    Sent from my TA-1024 using Tapatalk

  8. #8
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    Thanks for the replies so far. Yes lodged the claim immediately, will ring now to chase it up.
    More meplat, more better.

  9. #9
    Member gadgetman's Avatar
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    Quote Originally Posted by cambo View Post
    4.0 Carriers Liability – Items carried by Trust Movers is protected by Carriers Liability Insurance pursuant to the carriage of Goods Act 1979. This cover is free to our clients but has the following limitations:
    Goods are covered under "Carriers Liability Insurance" whilst in transit if the vehicle is involved in an accident and the furniture is damaged, then the goods are fully insured by our insurance company


    I would say the item is still in transit while in their care up until it is in situ in the property so the company and their insurance should cover any damage.
    But we all know insurance companies do anything they can to get out of paying out.
    Good luck
    This.

    The bit in red is simply an example only and not listed as one of the conditions a to g. Delivery is not complete until items are handed to you in good condition.
    There are only three types of people in this world. Those that can count, and those that can't!

  10. #10
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    Thanks for that gadget. Is that actually a thing, because it isn’t stipulated in the subclauses it doesn’t stand?

    I spoke with the guy today. He was very smug to begin with, but dropped that act quite quickly when I told him that the Consumer Guarantees Act vetoes his cute little terms and conditions. He then tried to say that the piano was damaged when they got there, and that the photos of the piano from the trade me listing that show it in decent condition had the damage photoshopped out! I told him that I had statements from the seller and the people that it was delivered too, and before and after photos, and that these would be quite persuasive evidence in a disputes tribunal. I also said that he could sort it out now, otherwise I’ll be lodging it with disputes tribunal tomorrow. He’s gone to talk it over with his business partner. He’s from a large country between Pakistan and Sri Lanka. I don’t have a good track record when it comes to dealing with these people. Anyway, rant over, here’s some before and afters:
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    More meplat, more better.

  11. #11
    Member mikee's Avatar
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    That looks to be a very expensive repair coming up. I hope you have a successful resolution to the wee drama

  12. #12
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    Well, he’s just emailed and said that they won’t pay a cent, and that if I don’t pay the balance of the bill within 5 working days it’ll be put into collection. So I’ll be going down the disputes tribubal route then. @Tahr and @gadgetman , are either of you able to help any further? Thanks for the advice so far and in advance.
    More meplat, more better.

  13. #13
    Member Micky Duck's Avatar
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    ok...Ive played the furniture shifting game for a number of years.... I BELIEVE that somewhere there is a $1400 maximum amount written in...think thats the carrage of goods act thing referred to above.
    dropping a piano is not a laughing matter (even if its on a chimps foot and the jug is on for a cuppa) they are heavy bitches of things to move and thats why you get professionals to do the job..... the guys who did this must be right muppets. besy advice I can give is ring another firm and ask them what you can do... these cowboy companies give everyone a bad name and the compition MIGHT be happy to give you some advice...take photos and box of beer down and talk in person might be a good way to go.
    faark Ive shifted the plurry thing in hail and snow,up n down stairs, had one sink feet through wooden floor once ...up in tekapo in the snow we had one decide to go rogue and took off down furniture ramp but mate and I hung on for grim death and rode the beast to a standstill undamaged I was under and he behind it both with feet flying trying to gain grip in the snow...no way was that puppy going to get better of us and get away.
    good luck.
    Maca49 likes this.

  14. #14
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    There has always been a $1500 liability limit with the Carriage of Goods Act IIRC

    Clearly those guys were muppets. I was "lucky" enough to be dragged in on piano moves when doing a uni holiday job for a big freighting company. Would have done maybe twenty of them. Worse was actually a mid-sized upright that had a cast iron frame. Holy snot, was that thing heavy. Four of us could barely dead lift it, and it had to be brought down a tight spiral staircase. Great fun..

  15. #15
    Member Maca49's Avatar
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    Oh Deary me!! I have the same prob with a fridge and people from the same country, 7 mths now. but we are still talking. Never buy an LG anything, parts are not avail.
    The are also Aussie based!!
    Boom, cough,cough,cough

 

 

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