Terms & Conditions
1. Definitions – In these conditions:
1.1 “XMovers”, “we”, “us”, or “our” refers to XMovers.
1.2 “You” or “your” refers to the individual or entity entering into an agreement with us for the provision of services, including the person to whom a quotation is issued and who accepts it.
1.3 “Agreement” means the accepted quotation together with these Terms and Conditions.
1.4 “Ancillary Services” refers to services such as the transport of vehicles, caravans, trailers, boats, or animals.
1.5 “Australian Consumer Law (ACL)” means the Schedule 2 of the Competition and Consumer Act of 2010 (Cth).
1.6 “Business Day” means any day other than a Saturday, Sunday, or public holiday in the relevant location.
1.7 “Consequential Loss” includes indirect losses such as loss of profits, business interruption, reputational damage, loss of opportunity, or anticipated savings.
1.8 “Consignee” refers to the person to whom the goods are delivered, usually you.
1.9 “Force Majeure Event” means an event beyond our reasonable control, including natural disasters, acts of war or terrorism, pandemics, labour disputes, cyber incidents, transport disruptions, fuel shortages, border closures, or utility failures.
1.10 “Goods” means all items, furniture, or effects that are the subject of the services.
1.11 “Identification Document” includes government-issued identification such as a passport, driver’s licence, birth certificate, or proof of age card.
1.12 “Personal Documents” means documents containing personal information, excluding identification documents, such as financial records, correspondence, photographs, licences, or memorabilia.
1.13 “Personal Information” has the meaning given under the Privacy Act 1988 (Cth).
1.14 “Services” means all removal and related services provided by us as set out in the quotation.
1.15 “Subcontractor” means any third party engaged by us to perform part or all of the services.
1.16 Any use of the word “include” is not limiting.
2. Our Obligations
2.1 No Common Carrier Status
We do not operate as a common carrier and may refuse to quote or carry goods at our discretion.
2.2 Standard of Care
We will exercise reasonable care and skill expected of a professional removalist and will follow any specific handling instructions provided by you in writing.
2.3 Force Majeure
We are not liable for any delays, damage,or any loss caused by Force Majeure Events. Our obligations will be suspended for the duration of such events.
3. Your Obligations and Warranties
3.1 Accuracy of Information
You warrant that all information provided to us for quotation or planning purposes is accurate and complete.
3.2 Authority
You confirm that you are either the owner of the goods or authorised to act on behalf of the owner.
3.3 Personal Documents
You must clearly label any containers holding personal documents and ensure no unmarked containers contain personal information.
3.4 Assembly and Disassembly
We are not responsible for dismantling or reassembling items unless agreed in writing. Goods requiring dismantling must be prepared before collection.
3.5 Identification of Goods
You must assist in identifying all goods to be removed or stored.
3.6 Customs and Quarantine
You must disclose any goods subject to customs duties or quarantine requirements prior to removal.
3.7 Attendance During Loading and Unloading
You or an authorised representative must be present during loading and unloading to verify inventory accuracy and condition of goods.
3.8 Prohibited and Dangerous Items
You must not include hazardous, explosive, flammable, corrosive, or prohibited items unless disclosed and approved in writing. Undisclosed items may be disposed of without liability.
3.9 Excluded Items
We will not transport or store medical equipment, medications, identification documents, perishables, or lithium-ion batteries over 120Wh unless agreed in writing.
3.10 Fragile and High-Value Goods
You must declare fragile items, valuables exceeding $1,000, jewellery, artwork, collections, or self-packed items valued over $300.
3.11 Inspection Rights
You must allow us reasonable access to inspect goods subject to a damage claim.
3.12 Items Left Behind or Moved in Error
You are responsible for ensuring all intended goods are collected and no unintended items are taken.
4. Subcontractors and Ancillary Services
4.1 Use of Subcontractors
We may engage subcontractors but remain responsible for service delivery.
4.2 Limitation of Liability Extension
Any liability limitations also apply to our subcontractors and employees.
4.3 Ancillary Services
Ancillary services will only be provided if expressly agreed in writing and included in the quotation.
5. Charges and Payments
5.1 Variations
Additional charges may apply if services differ due to incorrect information or changes requested by you.
5.2 Pricing Basis
All quotations are based on standard weekday hours and are in Australian Dollars unless stated otherwise.
5.3 Force Majeure Costs
Additional costs incurred due to Force Majeure Events may be charged.
5.4 Date Changes
Rescheduling by you may incur additional charges.
5.5 Cancellations
Cancellations made less than seven days before the scheduled date may result in forfeiture of any deposits made.
5.6 Third-Party Payments
If a third party fails to pay, you remain liable for all charges.
5.7 Government and Third-Party Fees
Customs duties, GST, storage, quarantine, inspection, and related charges are payable by you.
5.8 Late Payment
Overdue amounts may attract interest at 4% above the Reserve Bank of Australia cash rate.
5.9 Payment Timing
Full payment is required before services commence unless otherwise agreed in writing.
6. Loss or Damage
Business Removals, Household & Non Household Removals
6.1 Australian Consumer Law
Consumer guarantees apply where services are acquired for personal or household use.
6.2 Negligence
We are only liable for loss or damage caused by our negligence. We will also be not liable for the damage done after the moving is done and our boys have left the location.
6.3 Packaging by You
We are not liable for damage caused by packing or unpacking not performed by us.
6.4 Inherent Risks
Certain items are transported at owner’s risk unless visible external damage caused by us is proven.
6.5 Claims Notification
Claims must be reported as soon as possible and no later than 14 days after delivery.
6.6 Limitation of Liability
Our liability is limited to re-supplying services or paying the cost of re-supply, to the extent permitted by law.
7. Insurance & Policies
7.1 Fragile items are expressly excluded from insurance coverage.
7.2 In the event of any loss or damage where the insurance provider declines or rejects the claim for any reason whatsoever, we shall not be liable to compensate you for such loss or damage.
7.3 The assessment and determination of the insurance claim amount shall be made solely by the insurance company. Neither we nor you shall have any authority to decide or influence the claim amount.
7.4 Insurance must be arranged prior to commencement of the job. Coverage shall be applicable only upon full payment of the insurance premium. No retrospective insurance shall be entertained.
7.5 Televisions transported without their original packaging/box are not covered under insurance. You must demonstrate and confirm the working condition of the television to our staff prior to loading.
8. Disputes
Notification of Dispute. If You or We consider that a dispute has arisen in relation to this Agreement (either during the Services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations under this Agreement
9. Variation and Notice
9.1 Any changes to this Agreement must be agreed in writing by authorised representatives.
9.2 Notices may be served personally, by post, or by email.
10. Applicable Law
This Agreement is governed by the laws of the state or territory where it is formed. ACL rights are not excluded.
11. Privacy
To prepare your quotation and deliver our services if you accept it, we collect and store certain personal information. This may include your contact details, information about your move, and, where required, photographs to help with quoting or claim assessment.