general terms and conditons of h&y:
1 INITIAL
interpretaton 1.1
In this document “the Contractor” means “H&Y” and shall include, where mentioned, its employees, and sub-contractors, and “the Customer” means the person authorising the work to be performed by the Contractor and any person on who is given authority by the Customer.
notice 1.2
Any notice given to the Customer will be done via phone call, text message or email as soon as the Contractor is possible able to give that notice.
2 variations
variations 2.1
This contract may be altered by mutual agreement of the Contractor and of the Customer, but as far as these General Conditions are concerned, the Contractor’s consent for any such change may only be given by a partner of H&Y and must be put in writing.
3 contractors rights and obligations
contractor 3.1
The Contractor can refuse service to any Customer for any reason. Subject to but not excluding unsafe working environment (i.e. profanity to the Contractors and sub-contractors. Also, Customers rushing the service of the Contractor or its sub-contractors into a situation where there could be possible damage to the goods being transported or the Contractor and sub-contractors). Also, for any items deemed to be hazardous or dangerous in nature (i.e. Fuel, gas, petrol or anything flammable). Furthermore, any items deemed to be risky and could cause possible damage or injury to the Contractor or our sub-contractors or damage to the goods itself. (e.g. Over the balcony moves or heavy items to be moved in closed in spaces may incur a right to move refusal.)
route of transport 3.2
The Contractor is entitled to transport the goods by any reasonable route (having regarded all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.
right to assign 3.3
The Customer agrees to all these terms and conditions when booking with the Contractor. This means before, during and after their move is concluded. Any Customer who does not agree to these terms and conditions should not book this service provided by the Contractor.
delivery 3.4
(i) 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.
(ii) If the Customer or person authorized to receive the goods is unable to receive them upon the Contractor’s arrival in accordance with the contract, or if the Contractor cannot gain access to the place to which the goods are to be delivered, the Contractor shall be entitled to unload the goods into its own or any other storage area in reasonable proximity to the place to which the goods were to be delivered and, subject to (iii), the unloading shall be deemed to be delivery and the Contractor, after making allowance for any savings, is entitled to make additional charges for storage, handling and delivery of the goods thereafter.
(iii) Before exercising the rights under (ii), the Contractor will take reasonable steps to notify the Customer of the circumstances and the Customer is entitled to give alternate instructions as to the delivery of the goods, 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.
NOTIFICATION OF VARIATION OF TIME OR DATE 3.5
In the event of any significant change in the anticipated time or date for the Contractor to pack, load, deliver or unpack the goods, the Contractor shall take reasonable steps to notify the Customer of such changes and of the amended anticipated time or date or arrival.
ACCURACY OF INFORMATION GIVEN 4.1
The Customer is responsible for the accuracy of information (other than estimates of value) given to the Contractor, such as access, size and weight of good. Failure to provide accurate information may result in the job being cancelled by the Contractor and a call out fee being charged by the Contractor.
AUTHORITY TO DEAL WITH GOODS 4.2
In respect of goods being moved by the Contractor at the request of the Customer, the Customer confirms that he/she is the owner of and has the authority to deal with these goods and to enter into this contract and shall indemnify the Contractor against any claim arising or expense incurred as a result of any breach of this clause.
ATTENDANCE AT LOADING/UNLOADING 4.4
The Customer shall ensure that he/she is present during the loading and unloading of the goods. Failure to be present may result in clause 3.4 (ii) being initialized. The Customer is not permitted to access or get into any vehicle being operated by H&Y at any time during the removal process due to insurance purposes.
DANGEROUS OR NOXIOUS GOODS 4.5
The Contractor will not move goods of a dangerous, corrosive, highly combustible, explosive, damaging, or noxious nature or not anything likely in the course of the move that will encourage any vermin or pest. The Customer will compensate the Contractor for any loss or damage which may be suffered through the presence of any such article or substance for any goods moved or stored for the Customer and for any claim made by the Contractor or by any other person unless such presence and the nature of such article or substance were in fact disclosed to and known 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 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 actions.
GOODS LEFT BEHIND OR MOVED IN ERROR 4.6
5 CHARGES AND PAYMENTS
ALL PAYMENTS ARE DUE AT THE REQUEST OF H&Y 5.1
H&Y may request payment for services at any time during or before the job commences. All jobs are billed in half hourly increments, from the time the Contractor arrives at the pickup location until all goods are unloaded at the final drop-off location. All trucks are sent to the jobs will be according to the information sent by the customer, size and number of staff will be according those information as well. Any claims of damage are separate from the bill itself and must be reported to H&Y head office before the contractors leave the customer’s premises. The job is not completed until it is paid for in full, any delay in payment will result in the job continuing at the normal rate of payment.
THE RIGHT TO RETAIN GOODS 5.2
The Contractor reserves the right to retain any goods being moved by them if the Customer fails to pay the money for the services rendered. If the outstanding bill has not been paid within 28 days from the date of the move, the Contractor will notify the Customer that their goods will be sold 28 days from receipt of the notification, in order to recover the costs incurred by the Contractor. If sale of the goods cannot be used to recover the total cost of the outstanding debt, and the remainder of the bill is not paid within 28 days of the notification, H&Y will charge the Customer additional charges up to the value of $3000 and will use legal action to recover its expenses.
6 CLAIMS ON GOODS:
H&Y accepts full responsibility for any damage to goods in their care or caused by their sub-contractors. In the event damage is done to furniture items by the contractors and/or sub-contractors and immediately reported to H&Y head office, the customer will be instructed to pay the bill for the service before the claim of damage furniture will rectified. Once the bill is paid in full for the rendered service, the customer will be instructed to get a quote from the company of their choosing to fix the damaged item in question. If the customer refuses to pay any portion of the bill for whatever reason given by the customer, no items of damage done by the contractor or sub-contractors will commence until the bill is paid totally in full to H&Y. Once the bill is paid in full for the removal service the customer can instruct the company of their choosing to email the quote of the cost to fix the damage item in question to hy********@*****.com to the attn of the General Mgr. Then H&Y will contact the company of the customer's choosing and pay the quote directly to the company, there will be no discounts on the cost of the actual move, nor refunds from the total bill of the service rendered. The company can then proceed to fix the damage item of furniture to the customers liking and return the item to the customer resolving the issue in full of the damage item. If the item in question is not done to the satisfaction of the customer, it will be the responsibility of the customer to sort that out with the company they choose to fix the item in question. Once H&Y has paid the original quote, it will not pay any more funds except the amount of the original quote received, to further fix the item in question that was not done to the customer's liking as they choose the craftsmanship of the company of their choosing to fix the damaged furniture item in question, Policy terms and conditions apply including the following additional exclusions;
EXCLUSIONS.
The following occurrences are excluded from this indemnity –
(a) Loss or damage of any goods which have not been packed and unpacked by H&Y or its sub-contractors.
(b) Loss or damage of animals, pets, food, drink, perishables, plants, shrubs, vehicles, boats and trailers.
(c) Loss or damage of any antique, curio, piece of jewelry, plate, precious object, work of art, medal, money, coin, stamp, packed carton, collection of items, fur or piece of precision equipment whose value in any case exceeds $100.
(d) Any damage to the fridge, washing machine and/or dryer are excluded from this insurance. All glass, mirrors, fragile items and Ikea furniture to be moved at “owner’s own risk.” H&Y is not responsible for these items.
(e) Consequential loss or damage, loss of profits and loss of market or loss of use of any property.
(f) Any damage caused by previous contractor or moved by the owner.
Limitations.
The Customer is obliged to make the Contractor aware of any items of excessive value including articles in a collection, pair, set suite or other combination, or any article with family, sentimental, or prestigious connotations (including heirlooms, photographs and prizes), failure to do so will result in the any claim over the goods null and void. H&Y will pay the Customer the value of the particular article lost or damaged notwithstanding any special value which such article or articles may have as part of any such combination or connotations.
Effect on Contract. 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.
claims
Claims must be notified to head office BEFORE the Contractors leave the premises. If the Customer does not notify head office before this time, any and all claims are null and void and will not be accepted under any circumstances. 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 way to verify that the damage in dispute was caused by H&Y. The Customer or Customer’s authorized person must be present at all times during the move. The claim or confirmation should include as much information as is known in regard to the nature and extent of loss or