Terms & Conditions
Mr Declutter Limited
Terms & Conditions of Trade
Summary of Key Terms
Set out below are the full terms and conditions relating to our services. It is important that you read these terms in full, but we also wish to bring the following key points to your attention:
- Cancellation – if you give us less than one day’s notice then we will not refund your deposit
- If additional work is required we may charge for that
- We do not insure your property in transit so you should make sure that’s done separately
- Specific limitations are in clause 8.4 – please read and understand these
1.1 In these Terms and Conditions:
(a) “Agreement” means any order relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Mr Declutter Limited and its successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services We will supply to you under a proposal, order or invoice relating to property decluttering services.
2.1 Price plus tax: You will pay the price indicated on the quote, invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 30 days but We reserve the right to change or withdraw any quotation without notice at any time.
2.3 Variations: Any additional Services requested will be set out in writing and must be confirmed by you.
2.4 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.5 Cancellation: Where cancellation occurs any deposit paid may be refunded at our sole discretion. No refund will be made where cancellation occurs within 48 hours of the time set for performance of the Services or any part of the Services have already been performed. We also reserve the right to invoice you for work that has already been done where:
(a) The amount of any deposit paid is not enough to compensate us for that work; or
(b) You have not paid a deposit.
3.1 Deposit: In order to confirm a booking for Services you must pay a deposit of 50% of the Price.
3.2 Payment of balance: You will pay the balance of your account 7 days from the date of our invoice.
3.3 Acceleration: Notwithstanding such credit period, full payment for all unpaid Services will become due immediately upon:
(a) You or any guarantor becoming insolvent or bankrupt;
(b) The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or
(c) You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
(d) You or any guarantor ceasing to trade.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at 1.5% per month will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.
5. PERFORMANCE OF THE SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.
5.2 Use of reports: Any reports prepared or procured by us as part of the Services are to be used only by you.
5.3 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.
6. YOUR OBLIGATIONS
6.1 Information: you will provide us with any relevant information required to enable us to perform the Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
6.2 Change of date: if you need to change the date for performance of the Services you must communicate this to us at least 48 hours before the scheduled date. If we cannot provide the Services on another date that is suitable for you we will cancel the Agreement in accordance with clause 2.5.
6.3 Health and Safety: It is your responsibility to ensure that all safety measures have been taken at the site where the Services are to be performed so as to comply with all applicable health and safety laws. Prior to our employees attending the relevant site to perform the Services you will:
(a) Inform us of all applicable health and safety rules and regulations that may apply at the site;
(b) Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.
6.4 Right to delay or cancel: If we are concerned about the presence of any hazards or risks at the site we may, in our absolute discretion, delay the performance of some or all of the Services or cancel any order by notice in writing to you.
6.5 Transit insurance: we do not carry transit insurance for property that we are assisting you to relocate. For this reason, we may require you to purchase transit insurance.
7. OUR OBLIGATIONS AND WARRANTIES
7.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws.
7.2 We will take reasonable steps to ensure that while on site our personnel comply with any health and safety requirements and other reasonable security requirements made known to us by you.
8.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.
8.2 Limitation of liability:
(a) Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 5 days after performance of the Services;
(b) We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
(c) If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for the Services. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;
(d) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
(e) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
8.3 Third party suppliers: We are not liable for the performance of third party suppliers but will endeavour to address any issues caused by poor performance.
8.4 Specific limitations:
(a) Pre-existing damage: we are not responsible for damage that occurs to items that have been previously damaged and/or repaired. Such items are vulnerable to repeat breakage at the same location regardless of the care taken in packing and moving. As we pack, items with pre-existing damage and/or repair will be documented and a list will be provided to you. We inspect all pieces as we pack but may not notice all pre-existing damage and/or repairs.
(b) We will not be responsible for the damage of items that may occur as a result of unstable shelving.
(c) We will have the option of repairing or replacing the damaged item with material of like kind and quality. If repair is not feasible, the item will be replaced if possible, or reimbursement provided at depreciated value. Under no circumstances will our liability be greater than $2,000 per item. Items under $20.00 in value will not be considered for damage payment.
(d) Repair: We are not responsible for reduction in value that may occur as a consequence of an item being repaired.
(e) Cash/valuables: We cannot be responsible for and our liability does not cover jewellery, art, cash, credit cards, stocks, bonds, cheques or prescriptions. You should move these items personally.
(f) Transport: We will pack items for shipment or storage, but our liability is limited to damage occurring during packing only. We are not a carrier and we have no liability for damage that occurs during shipping or storage.
(g) Sets: Our liability for loss relating to sets or matched pieces will be limited to repair or replacement of the damaged piece(s) only and not to replacing the entire set.
8.5 Business purposes: If you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
9.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
9.2 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
9.3 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
9.5 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
9.6 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.