Terms & Conditions

COMMON CARRIERS

We are not common carriers and accept no liability as such. We reserve the right to refuse, completely to quote for the carriage of goods for any person.

YOUR PROPERTY

You agree acknowledge that:

• You are either the owner of the property or an authorized agent of the owner
• You have full responsibility for packing the Goods
• You will never hold us liable for any damage caused to your Goods because of not protected and appropriately packed as required
• You must advise us of any goods that require special treatment

SERVICES

• We will provide moving services through the transport, labour and moving expertise in only with these terms and conditions
• We will pack the goods if the service for the packing has been taken
• We can use Contractors or Subcontractors to undertake the whole or any part of the move

Insurance

• We provide standard public liability insurance without any extra cost to the customer
• The coverage of Public Liability Insurance is up to $ 5 million. If you claim for Public Liability Insurance then access fees of $500 are charged. We can provide the Certificate of Currency on request

Where you have complied with these terms and conditions, we will guarantee our services

FEES

Our fees are charged as follows:

• an hourly rate payable for our services is provided during the process and a call out fee or fuel charges will be applicable, whichever are agreed with you before the commencement of the move.
• In determining the fees payable to us under these terms and conditions.
• We reserve the right to ask you to make the payment upfront or during the move or you must pay all fees owing to us immediately upon completion
• Booking must be canceled before 48 business hours before the date of the booking. Any cancellations after this will be charged equal to the call out and return fee for that particular booking.

DURING THE MOVE

• Method of carriage we are entitled to transport the goods by any reasonable route we select.
• Either you or an appointed adult representative must be present at all times.
• It is your responsibility to ensure that all goods we load are unloaded at the destination.
• The truck must be parked at the loading zone or on the road. However, if clients require the truck to enter their driveway, therefore, any damage to the property caused will be the responsibility of the client.
• You MUST sign your booking sheet to confirm the move has been completed.

DAMAGE

(a) NOTIFICATION OF DAMAGE

You MUST inspect all goods as they are unloaded.

Goods damaged must list any damage on your booking sheet. We will not be liable for any damage reported after our team has left your property.

(b) Our DAMAGE ONLY

As you have the right to participate in the move, we are not liable for any damage not caused solely by us.

GUARANTEE LIABILITY

(a) Our Guarantee

We will at our sole discretion:

• Repair the Damaged Goods to as near the condition before the damage occurring
• Replace the Damaged Goods if a repair cannot be performed; or
• Compensate you for the damage caused to the Goods.
  
  

(b) Option to Repair

The repair will be made to as near the condition before the damage occurring, and will strictly be limited to the affected area of the damage only.

Any repairs will be undertaken by the skillful repairer of our selection

(c) Option to Replace

The replacement will be as near to the condition the Goods were in before the damage. We do not replace them with new goods.

(d) Option to Compensate or Refund

We will only be liable for loss or damage resulting from our negligence and in any case that liability will be limited to a maximum of $100 per item or package or maximum $1000 in respect of all goods moved under this agreement (whichever is the lesser).

(e) Exclusions from our Liability To the fullest extent permitted by the law, we specifically exclude and limit any liability under the Guarantee, these terms and at law that arises from:

Unconfirmed Items: where items have been added to the moving list without consultation with Hamilton Movers Packers office staff before the day of the move.

Identified Risks: Company is not liable for the damage where the existing condition/circumstances of an item OR a particular direction or instruction contravenes our normal workmanship standards like for moving pianos and pool tables requires minimum 3-4 movers depending upon the size and weight of the item but if done with inappropriate manpower. It will be verbally agreed between you and us relating to existing conditions/circumstances of an item and hence will not be covered by this guarantee.

Unknown Risks: where the damage arises from conditions or things which are not known to us, for example from a defect in any Goods that is not immediately obvious.

Inadequate/inappropriate packing: where damage has arisen as a direct or indirect result of you failing to adequately protect and appropriately pack the Goods.

Inadequate notice: where you fail to notify us of the damage to the Goods at the time of completing the Move under condition 6(a).

Unavoidable Risks: self-assembled furniture that has not been flat-packed for transport, electronic goods white goods not packed in their original packaging or appropriate box suitable for transport, items in excess of safe lifting limits, marble or masonry items, mattresses not in protected wrapping, pot plants or fish tanks or any other item whereby moving such an item can lead to unavoidable damage due to the nature of that item.

Electrical Goods: internal damage to electrical goods where there is no external damage, as some items may develop unavoidable faults no matter how carefully handled.

Curved Televisions: due to their inherent design, it has been found that damage can occur to curved televisions even when properly packed and handled, and as such are excluded from any guarantee.

Non-structural damage: where the damage to an item or property is cosmetic such as surface dents or scratches.

Consequential loss or damage: any consequential loss or damage arising in respect of the move or any damage caused during the Move to the Goods, other items that are not being moved, or the property at which the goods are being removed from or delivered.

Sets: Where an item is part of a pair, set, suite or collection of items, our liability shall extend only to the proportionate part of the pair, set, suite or collection of items, regardless of the special value of the damage or lost part may be a part of such pair, set, suite or collection of items.

Transport damage: where the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision or overturning and we are compensated by our insurer, you will be entitled to compensation to the extent such compensation is covered by our insurance.

Mobile storage: where items have been moved into a mobile storage container.

Fees: where you fail to make full payment of the fees owing to us under these terms and conditions.

Gratis work: any move which is completed for no charge to any parties involved is excluded from this guarantee

Single removalists move: any move involving only one member of staff is excluded from this guarantee.

(f) Competition and Consumer Act

The promise to repair, replace, or compensate provided by us is in addition to any rights that you may also have arising from the Competition and Consumer Act 2010 or other relevant consumer law. The additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and any remedies arising, therefore, are modified and limited to the fullest extent permitted by law.

FURTHER CONDITIONS OF ENGAGEMENT

• We reserve the right to suspend work or vacate a property due to any issue endangering the health safety of our staff, contractors, or subcontractors.
• We reserve the right to refuse to transport any item where the weight of that item exceeds our safe-lifting limits (32kg for one man, 80kg for two men).

LIEN OVER GOODS

To the fullest extent permitted by the law and in addition to any other rights we may have at law, all goods we receive are subject to a general lien for any sums of money due by you to us relating to the services provided by us in the move. Unless it has been agreed by us in writing, payment is required in full and funds need to be clear at the time of booking of the removal or storage service. In default of such payment, we hold the right to refuse to commence removal or storage until the payment is received.

VARIATION

We reserve the right to vary these terms and conditions at any time subject to written notice being given to you before the move.

COSTS

You are liable for any additional cost(s) incurred by us, as a result of a breach of these terms and conditions.

SEVERANCE

Any provision in these terms and conditions which is prohibited or unenforceable is to be severed and read down to the extent necessary to make these terms and conditions enforceable unless it would materially change the intended effect of these terms and conditions.

APPLICABLE LAW

These terms and conditions are governed by the law in force in New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.