Terms & conditions

1. INTERPRETATION 

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• In this document “the Contractor” means Elephant Errands” which includes its employees and sub-contractors. “The Customer” means the person agreeing to and authorizing work to be performed by the Contractor and the person given authority by the Customer.

 

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2. SCOPE OF VALIDITY 

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• These terms and conditions apply to individuals, companies, legal entities, and special funds under public law. The provision of our services and products is exclusively in accordance with this document's terms and conditions. 

 

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​3. AGREEMENTS-CONTRACTS AND QUOTATIONS 

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• Full disclosure of any verbal agreement is required immediately for confirmation by the contracting party.

• Any notice given to the Customer will be done via phone call or text message as soon as the Contractor is able to give said notice. 

• Variations of this contract can only be made valid by a partner of Elephant Errands and must be submitted in writing.

• Orders will not be binding until confirmed by us.

• Any quotation provided is an invitation to treat only, not an obligation to sell or offer. In the event of any counteroffer by you in respect of the quote, these terms and conditions shall prevail. 

• Once you accept a quotation, these terms of service become fully binding in relation to the work you ask us to do.

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3. RIGHT TO ASSIGN

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• The Customer agrees to these terms and conditions when booking with the Contractor. In accordance, by replying YES to the confirmation text message, the Customer has read these terms and conditions and accepts that they are officially booking their move accepting Elephant Errands Terms and Conditions.

 

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​4. GENERAL PROVISIONS

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• We require the Customer to be present on-site while we work. If you are not able to be on-site while work is commencing, we take no responsibility for any damage caused by you not being present to guide us as to the circumstance(s) of your property and the items we are transporting for you. Nothing in this clause shall be taken to admit our liability for damage that takes place while you are on-site, and our liability is to be reduced to the minimum amount permitted by law. 

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• You expressly and irrevocably agree that any damage that is proven to be caused by our negligence can be remedied by way of repair to restore the item and/or area(s) of your property to its previous state. We accept no responsibility for damage that is not proven to be caused by us.

 

• You will make all necessary arrangements to enable us to access the property from where we are transporting items and for us to park within a reasonable distance from said property. All costs of doing so will be borne by you, the Customer. Any parking fines received as a result of parking in accordance with your instructions and wishes will be paid by the Customer.

 

• In situations where a contractor feels that moving an item in accordance with your instructions may result in damage to the item, the property we are moving it from/to, or specifically injury to the Contractor, you, or any individual on-site we may refuse to move the item. Our discretion in relation to this clause is absolute.

 

• The Customer expressly and irrevocably agrees that any damage proven to be caused by our negligence can be remedied by way of repairing and restoring the item and/or area(s) of the property to its previous state. We accept no responsibility for damage that is not proven to be caused by us.

 

• The risk of animals being accidentally harmed while a move has commenced is real. We respectfully ask that any pets are kept from harm and leashed, in a crate, or moved offsite. Animals can become distressed at the removal of items and will attempt to run away. We want you, your pets, and the Contractor to be safe at all times.

 

5. TERMS OF PAYMENT

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• Elephant Errands may request payment for services at any time during or before the job commences. When the Contractor arrives at the pickup location until all goods are unloaded at the final drop-off location, all jobs are billed in half-hourly increments.

 

• Payment methods we accept are bank transfer (only by prior arrangement), Visa, Mastercard, and Cash.

 

• If the Customer is not at the pick-up or drop-off locations when the Contractor arrives, the Customer will continue to be billed for the job until such arrival. Work cannot commence until the Customer is on-site.

 

• The job is not completed until payment in full has been received. Any delay in payment will result in the job continuing at the normal rate of payment.

 

• You agree that we may retain a lien over your goods until payment in accordance with these terms of service is made in full. 

 

• In the event of any further delay in payment we may, after giving notice in writing to you, suspend our obligations until payments have been received. We reserve the right to charge interest on all sums owed for payment to us at a rate of 15% per annum. 

 

• Any possible claims of damage are separate from the bill itself. All claims as such must be reported to Elephant Errands head office before the Contractors leave the premises. This clause is absolute. 

 

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​6. DELIVERY

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• The contractor is not bound to deliver any goods except to the Customer or a person authorized, being over 18 years old, by the Customer to receive such goods. Communication as to the information of the authorized person present should be communicated before the move commences.

 

• If the Customer or person authorized to receive the goods is unable to receive said items upon the Contractor’s arrival in accordance with the contractual agreement, or if the Contractor cannot gain access to the place to which the goods are to be delivered and subject to unloading the Contractor shall be entitled to unload the goods into its own or any other proper storage area in reasonable proximity to the address of the initial delivery site. The unloading into storage is deemed to be “delivery” and said Contractor is entitled to make additional charges for storage, handling, and delivery of goods thereafter.

 

• Before exercising the right of storage, the Contractor will take reasonable steps to notify the Customer of the circumstances. The Customer is entitled to give alternate instructions as to the delivery of their items. Provided that after the allowance is made for any savings, the Customer shall be liable to meet any reasonable additional charges set by the Contractor and mutually agreed upon with the Customer. 

 

7. ROUTE OF TRANSPORT

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• The Contractor is entitled to transport the goods by any reasonable route having regarded all circumstances including, weather, time of day, traffic, destination, and the safety of specific goods being carried in the vehicle.

 

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​8. NOTIFICATION OF VARIATION OF TIME OR DATE

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• In the event of any significant change to the anticipated time or date for the Contractor to arrive, pack, load, deliver, or unpack goods, the Contractor shall take reasonable steps to notify the Customer of such changes and of the amended anticipated time, date, or arrival. 

 

• If any significant change to the anticipated time or date for the Customer to officiate the move is changed, please contact Elephant Errands within 24 hours and an alternate date and time can be scheduled.

 

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9. PRE-BOOKED CANCELLATIONS

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• Should the Customer require a cancellation of the engagement with Elephant Errands after payment of a deposit has been taken, Elephant Errands reserves the right to retain the deposit taken in its entirety. Provisions for the return of a paid deposit either partial or whole can be considered for all jobs cancelled with more than 2 weeks’ notice in writing. We reserve the right to alter this clause given any foreseeable damaging circumstances arising to us from the cancellation of any pre-booked engagement. 

 

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​10. FORCE MAJEURE

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• Acts of God, industrial disputes, disturbances, and unavoidable serious events will release the contracting parties from their duty to perform for the duration of the disturbance and to the extent of their effect. This term is also applicable where these events occur at a time when the contracting party concerned is in default unless the delay is caused intentionally or gross negligently. The contracting party is obliged, in so far as reasonable, to provide the necessary information immediately and in good faith to adjust their obligations in the changed circumstances.

 

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11. ACCURACY OF INFORMATION GIVEN

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• The Customer is responsible for the accuracy of the information given to the Contractor such as possible access issues within the property (for example stairs, upper landings, tight corners), size of items (for example large tables), the weight of items, or any mitigating issues that may mean an additional Contractor will be needed for safety reasons.

 

• Failure to communicate accurate information may result in the job being cancelled by the Contractor and a callout fee being charged.

 

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​12. AUTHORITY TO DEAL WITH GOODS

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• The Customer confirms that he or she is the owner of said goods to be conveyed by the Contractor and has the authority to arrange and enter into a contract to move these items. That he/she as the legal owner of such items shall indemnify the Contractor against any claim arising or expense incurred as a result of any breach of this clause.

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13. ATTENDANCE AT LOADING AND UNLOADING

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• The Customer shall ensure that he/she is present during the loading and unloading of their items. Failure to be present may result in the Delivery Clause being initialized with respect to Contractors accessing properties to load/unload in a timely fashion. 

 

• Most importantly the Customer is not permitted access to or entrance to any vehicles being operated by Elephant Errands and may not carry goods with the Contractors at any time due to safety and insurance purposes. 

 

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​14. GOODS LEFT BEHIND OR MOVED IN ERROR

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• The Customer agrees that he/she will ensure to the best of his/her ability that all goods to be moved are given to or taken by the Contractor and that none is left behind or taken in error by the Contractor. The Customer agrees that the Contractor shall be compensated against any expense or legal claim incurred as a result of a breach of this stipulation.

 

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15. DANGEROUS OR NOXIOUS GOODS

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• The Contractor will not accept or move chemicals of any kind. Items of a dangerous, flammable, corrosive, combustible, explosive, damaging, or noxious nature will not be accepted. 

 

• Examples are Bleach, Acetone, Paint Thinner, Paint Cans, Spray Paint, Fuel, Gasoline, and Petrol as well as clearly marked industrial items. Any items that encourage vermin or pests are included in this clause.

 

• The Customer will be expected to compensate the Contractor for any damage or injury which may be suffered through the presence of substances for any goods moved or a claim made by the Contractor in being physically exposed to poison in any way unknown by the Contractor prior to loading or receipt of it. 

 

• In the event of discovery by the Contractor of any such article or substance after goods have been received, the Contractor may take any safe and reasonable action to remove, destroy or otherwise dispose of or treat the same at the expense of the Customer and without in any way becoming liable for these such actions. 

 

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​16. CONTRACTOR'S RIGHTS AND OBLIGATIONS

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• The Contractor can refuse service to any Customer for any reason. Subject to but not excluding unsafe work environment. This right is absolute.

 

• A Customer’s possible use of profanity, aggression, threats, and harmful interactions will not be tolerated.

 

• A Customer’s insistence to rush service of the Contractor and/or Sub-Contractors whereby there is the real possibility of damage to items being transported or the Contractor and/or Sub-Contractors risking bodily injury. Elephant Errands, the Contractor and/or Sub-Contractor has the right to shut down a work environment deemed unsafe. The Customer will be held liable for any and all previous work and payments therein, bodily harm to Contractors and/or Sub-Contractors, and possible damage to equipment.

 

• A Customer’s insistence on actions deemed risky which may cause damage to property, items, or possible injury.

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• Over-the-balcony moves or excessively heavy items disclosed or not fully disclosed without the understanding that proper equipment or additional manpower would be needed. Closed-in areas without clear areas to safely remove items. Tight corners, upper landings, tight stairwells, and properties with obstructed hazardous pathways. This could incur a right of refusal by the Contractor and/or Sub-Contractors having concern over damage or bodily injury. Elephant Errands and the Contractors/Sub-Contractors cannot be held responsible in this instance for any damage to property or items.

 

• Items that are deemed hazardous, dangerous, and beyond the scope of what the Contractor is willing or able to do safely within the confines of local and national standards of safe practice will be summarily refused. 

 

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17. CLAIMS ON GOODS

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• Elephant Errands accepts full responsibility for any damage to goods in their care or caused by their Contractors and/or Sub-Contractors. The Customer must apprise the Contractor and or Sub-Contractor of any issues before they leave the premises as it cannot be determined if the damage has been caused by the Contractor or it was caused after the Contractor left the premises. Elephant Errands' policy of Terms and Conditions applies.

 

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​18. EXCESS

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• Elephant Errands Provides the Customer with Public Liability on behalf of our Customers at no charge. If the Customer wishes to claim on this insurance, the Customer must pay an excess of $500.00 to lodge a claim. 

 

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19. LIABILITY AND CLAIMS

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• This contract is pursuant to the Competition and Consumer Act 2010(Cth).

 

• Notwithstanding any other provision of these terms of service, loss or damage to the following items will not be covered under any circumstances: This is due to the nature of these items as even when well protected during transit, they can still suffer damage.

 

• Mirrors, Glass, Plates, Crockery, Figurines

• Stamps, Precious Objects, Furs, Antiques, Money, Coins

• Works of Art, Framed Paintings, Wall Art, Sculpture

• Flat Pack Furniture especially Ikea Chipboard

• Stone, Marble, Concrete Benches, Decorative Benches

• Glass and Metal Outdoor Furniture

• Plants, Pot Plants, Live Items, Perishables

• Mechanical Items, Vehicles, Basketball Goals

• Refrigerators, Freezers, Washing Machines, Dryers

• Small Kitchen Appliances, Decorative Kitchen Items

• Internal Components of Electrical Items, Precision Equipment

• Televisions, Stereo Sound Systems, Plasma Screens

• Athletic Equipment, Electric Bikes, Elliptical Cross Trainers

• Treadmills, Exercise Bikes, Exercise Machines 

• White Goods, Boxes, or Bags packed by the Customer.

• Loss or injury of family pets or animals

 

• In the event we advise you that an item in the first pick-up location or at the destination will likely suffer damage if said item is moved in accordance with your instructions, and you advise us to attempt to move the item, then we are not responsible for any damage caused under any circumstances.

 

• Elephant Errands is not responsible for any loss and/or damage due to the dismantling or reassembly of any item or furniture, nor the hot and cold-water fittings of washing machines. Contractors are not carpenters or plumbers, and the Customer is to be advised that requesting Contractors to complete these tasks is at the “owner’s own risk”.

 

• Elephant Errands insurance policies do not cover loss or damage to properties, internal or external building damage. The Customer is expected and required to have separate homeowner and building or property insurance coverage. 

 

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20. LIMITATIONS

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• The customer is obliged to make the Contractor aware of any items of excessive value, or any article with family, sentimental, or prestigious connotations including heirlooms, photographs, prizes, and artwork. Failure to do so will result in any claim over the goods being null and void. It is the Customer’s responsibility to ensure valuable and irreplaceable items are transported under their own personal care, as insurance does not cover the loss of these specific items.

 

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​21. EFFECT ON CONTRACT

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• While these Insurance Provisions are in force, the General Conditions of Removal and Storage are deemed to be abrogated or modified to the extent necessary for these Insurance Provisions to be effective. However, nothing in these Insurance Provisions shall reduce or restrict the Customer’s Statutory Rights in relation to the loss or damage of any goods during removals or storage under the contract.

 

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22. CLAIMS

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• Claims must be notified to the head office before the Contractors leave the premises, and the paperwork signed off. If the Customer does not notify the head office before this time, any and all claims are null and void and will not be accepted under any circumstance. 

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• It is the Customer’s responsibility to report any and all damage to the Contractor before they leave the delivery point, otherwise, there is no possibility of verification that the damage in dispute was caused by Elephant Errands. 

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• The Customer or the Customer’s authorized person must always be present during the move, or the insurance policy is not valid under any circumstance. 

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• The claim or confirmation should include as much information as is known regarding the nature and extent of loss or damage, the value of items, and the estimated cost of repairs or replacement.

 

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​23. JURISDICTION

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• This contract made between us, and the contracting party shall be governed by and construed in accordance with the laws of Queensland, Australia. The contracting party agrees to submit to the non-exclusive jurisdiction of the Queensland Courts and the courts of appeal therefrom for all purposes of or in connection with this contract.

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24. Contact

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Contact: Jake Clemens

Phone Number: 0451822086

ABN: 81485034291

Email: moveme@elephanterrands.com.au

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