1.1 In these terms and conditions, unless the context otherwise requires:
“Super GM Transport Pty Ltd” means Super GM / Super GM Transport ABN 71 627 169 331, trading as Super GM Transport.
“Booking Form” means the form provided to You prior to the commencement of the Services which identifies the Principal Contractor(s) and the Services that will be performed.
“Contract” means a contract for the performance of Services constituted by these terms and conditions and the relevant Booking Form.
“Dangerous Goods” means Goods which are or may become dangerous, corrosive, explosive, flammable, perishable, noxious, infectious or capable of attracting pests or vermin.
“Goods” means all goods which are the subject of Services, including any container, packaging or pallet used in connection with any of them.
“Principal Contractor” means each person who performs Services and who is identified as such on the Booking Form.
“Services” means the services to be undertaken by Principal Contractors as set out on the Booking Form and may include any one or more of Removal Services, Packing and Unpacking Services, Storage Services, Cleaning & Carpet Cleaning Services, Locksmith Services or other services.
“We” means each Principal Contractor who performs Services under a Contract and, except in relation to provisions of these terms and conditions which relate solely to the performance of Services, Super GM Transport, and “Us” and “Our” have corresponding meanings.
“Website” means the Super GM Transport website at www.supergmtransport.com.au.
“You” means the person entering into a Contract as the customer and who is identified as such on the Booking Form and, where the context requires, each other person that that person is authorised to represent, and “Your” has a corresponding meaning.
1.2 In these terms and conditions, unless the context otherwise requires:(a) the singular includes the plural, and vice versa;
2.1 You acknowledge and agree that:
(a) by signing a Booking Form prior to the commencement of the Services, You:
(b) Super Gm Transport acts agent for each Principal Contractor. As such:
2.2 You may only make a claim in respect of a particular Service against the particular Principal Contractor who provided that Service and each such claim will governed by these terms and conditions.
3.1 We rely on all information which You or any other person representing You provide(s) to Us for the purposes of quoting for, and in connection with the performance of, the Services. Accordingly, You warrant the accuracy and completeness of all such information.
3.2 Prior to Us quoting and performing Services, You must:
4.1 Prior to commencing any Services We reserve the right to refuse to perform Services either:
4.2 We are entitled, at Our sole discretion, to determine the method, manner, time and route that Services will be performed (including, without limitation, in relation to Removal Services, the number and size of the vehicles We use and notwithstanding that prior to commencing the Services We may have indicated that We intended to use a different number or different sized vehicle(s)).
4.3 All times which We provide for the scheduling and performance of Services are guides only. While We will use reasonable efforts to adhere to such times, You acknowledge and agree that given the nature of the Services (including, without limitation, the fact that Services performed for other clients may be completed early or run over time) We are not liable to You for any failure or delay in performing the Services in accordance with any such guides (nor is any Contract repudiated by any such failure or delay).
4.4 You must ensure that all Goods are provided to Us in a condition which is suitable for Us to perform the Services (including, if applicable, by ensuring any Goods are packed in a proper way to withstand the ordinary risks of transport, except to the extent that You contract Us to package Goods for You).
4.5 If any information You supply to Us at the time a booking is made is incorrect, inaccurate or incomplete, We may, at Our sole discretion, perform Services strictly as per Our quotation or vary Our charges to address any additional or modified Services We are requested to perform.
4.6 It is Your responsibility to arrange parking for Us at all locations at which Services are performed (making provision for the fact that We may arrive early or late). We take no responsibility for the delayed or protracted performance of the Services due to the unavailability of parking (including, without limitation, convenient or proximate parking) and You must bear all of Your own, and separately Our, costs associated with any such delayed or protracted performance.
5.1 Your warranty and Terms and conditions
5.2 If, after the commencement of Services, We discover that the Goods include Dangerous Goods which You have not disclosed to Us in accordance with clause 3.2 (b)(1), You:
6.1 WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.
6.3 If We cannot deliver Goods because:
6.4 We may refuse to remove large or cumbersome Goods or Goods which weigh in excess of 100kgs (such as pianos, safes and billiard tables) if You have not notified Us of those items at the time of booking. All such items will carry a separate additional charge and any damage which occurs will be at Your sole risk.
6.5 If requested, We may but are not obliged to:
6.6 You must ensure that:
7.1 If Goods are stored in accordance with these terms and conditions or in excess of a period agreed on the Booking Form, We may charge You storage charges for the duration of the period of storage.
7.2 You authorise Us to transfer stored Goods from one place of storage to another without cost to You. We will notify You of the transfer and advise the address of the new storage place not less than 7 days prior to the transfer (except in emergency, when such notice will be given as soon as possible).
7.3 You are entitled, upon giving Us reasonable prior notice, to inspect Goods in store, but We may apply an additional charge for this Service.
7.4 Provided You have paid Us for the entire agreed period of storage, You may require that Goods be removed from storage at any time, by giving Us reasonable prior notice. If You do not give Us reasonable notice, We will use Our reasonable endeavours to meet Your requirements, but shall be entitled to charge an additional amount for the short notice.
7.5 You agree to remove Goods from storage at the end of an agreed period of storage (or when a period of storage has not been agreed but otherwise arises under these terms and conditions, when directed by Us in writing with reasonable prior written notice). If You breach this requirement, We may give You 2 weeks prior written notice of Our intention to sell Goods in store. Without limiting Our rights under clause 11, if all outstanding amounts in relation to the period of storage (including any extended period by reason of Your default) are not paid and the Goods are not removed from store within that period, We may SELL ALL OR ANY OF THE GOODS by public auction or if that is not reasonably practicable, by private sale, and apply the net proceeds of the sale in satisfaction of any amount owing by You to Us.
7.6 Goods stored by Us are not covered by Our insurance. If You wish to insure Your stored Goods You must arrange Your own insurance (if You would like assistance in contacting an appropriate insurer refer to the storage link at Our website www.SuperGMTransport.com.au.
8.1 Our standard Removal Services do not include Packing or (other than placing items on the floor or some other flat surface) Unpacking Services. If You require Packing or Unpacking Services (or other Services, such as Cleaning or Locksmith Services) You must notify Us at the time of booking. Separate additional charges will apply to all such other Services.
8.2 We do not guarantee that Our performance of Cleaning Services will result in the removal of all stains or, where applicable, the complete recovery of bonds. Any liability for failure to remove stains is expressly disclaimed.
9.1 Our standard rates for the Services We provide and any additional amounts We are entitled to charge You are set out in the Booking Form.
9.2 All Services We perform will be charged in half hourly increments, rounded up to the nearest half hour, at Our standard rates, unless:
9.3 For Removal Services:
9.4 Unless We agree otherwise with You in writing, all of Our charges (other than in respect of Storage Services) must be paid one hour before completion of the Services. Our charges for Storage Services must be paid in advance at the time or times specified in the Booking Form. Payment is to be made at the end of each day for jobs that exceed one day.
9.5 You must pay, or reimburse Us for, all third party costs that are incurred in connection with the performance of any Services and which these terms and conditions require You to pay or permit Us to charge You for.
9.6 You must pay all tolls (including those incurred in returning to a pick-up location), parking costs and (provided We have acted reasonably) parking fines which We incur in connection with the performance of the Services.
9.7 Cancellation fees apply at Our standard rate from time to time for Services cancelled less than 48 hours prior to the designated time for performance. Unless We notify a change, our standard rate for cancellations is $75 or the deposit already obtained whichever is highest.
9.8 Payments must be made in cash, by bank cheque or by using an approved credit card). Credit card payments will attract the surcharge (if any) We notify from time to time. Unless We notify a change Visa and Mastercard credit cards attract a processing fee of 2.5% and American Express credit cards attract a processing fee of 3.5%.
9.9 If a date for the performance by Us of any Services is agreed upon Your acceptance of Our quotation or subsequently, and You require that date to be varied or the Goods are not available on that date, We may charge an additional amount for costs We incur as a result of such variation or unavailability.
9.10 If You and We agree in writing that Our charges will be paid by a third party, and if that party does not pay the charges on the date set for payment or, if no date is set for payment, within 7 days of the date of invoice, You agree to pay the charges.
9.11 If an amount owing by You is outstanding for more than 7 days, We may charge interest on that amount from the due date for payment until the amount is paid in full. Interest is calculated at the National Australia Bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 2%, and accrues on a daily basis.
9.12 If we use the services of a collection agency or otherwise incur costs in order to recover an amount owing by You, We may charge you an amount equivalent to the costs we incur in doing so, including, without limitation, the costs of engaging the collection agency, court costs, and legal costs and expenses.
9.13 You must make payments to Us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
All charges We quote You, or which We are otherwise entitled to charge You, are GST exclusive unless otherwise stated. If GST is payable on any supply made in accordance with these terms and conditions, You will be required to pay Us an additional amount equal to the GST payable.
11.1 All Goods received by Us are subject to a general lien for any amounts due to Us by You or any person You represent relating to any Services provided under these terms and conditions or any other agreement.
11.2 If any amounts due to Us have been outstanding for a period of 2 weeks, We may give 2 weeks prior written notice to You of Our intention to sell Goods which are subject to Our general lien. If the outstanding amount is not paid within that further period, We may SELL ANY OR ALL OF THE GOODS by public auction or, if that is not reasonably practicable, by private sale and apply the net proceeds of the sale in satisfaction of the amounts due.
11.3 The exercise by Us of Our rights under this clause 11 will not prejudice or affect any other rights that We have at law to recover the amounts due.
12.1 We recommend that You insure Your Goods while they are in Our possession or subject to Our control. We can assist You to arrange insurance through an insurer with whom We have an existing relationship. Alternatively, You can arrange insurance through an insurer of Your choosing.
12.2 We will only assist You to arrange insurance if You request Us to do so in writing. Details of the types of cover and the applicable rates are available on request.
12.3 If We make payment of any amount to You in respect of any loss of or damage to Goods or Our delay in the performance of or failure to perform any Services (regardless of whether or not We are obliged to under these terms and conditions), You:
(b) must execute all documents and provide all information as may be reasonably necessary to enable Us to obtain the full benefit of this clause 12.3
12.4 You acknowledge that if We arrange transit or storage insurance on Your behalf We may be paid a commission for arranging that insurance.
12.5 You must comply with all the terms of any policy of insurance (including deadlines for notification of claims) to ensure that Your ability to make claims under that policy are not prejudiced, We do not accept any liability to You arising out of Your failure to so comply.
12.6 To ensure that Our ability to make claims under Our insurance policies is not prejudiced, You must notify Us in writing of any public liability or other claims that will or might arise out of Our performance of the Services promptly after you become of them.
13.1 If, in addition to Removal Services, You elect to have Goods packed by Us using preventative bubble wrapping (as part of Our optional Packing Services) then, subject to this clause 13, We guarantee that those Goods will be delivered to Your delivery location free from breakages, or the remedy referred to in clause
13.4 will apply. In this clause 13, all Goods which are covered by Our guarantee are referred to as Guaranteed Goods.
13.2 To benefit from this clause 13, You must:
13.3 We have no liability under the guarantee given in this clause 13 if, and to the extent that:
13.4 Subject to this clause 13, if any Guaranteed Goods are damaged during transit, We will in full discharge of Our obligations under this clause 13, at Our sole discretion, to repairing or replacing, or paying the cost of repairing or replacing, such damaged Goods.
13.5 Subject to this clause 13 When you sign the paperwork at the completion of the removal service, you acknowledge that you have successfully checked all your items and belonging and confirmed they are free from any damage caused by our removalist service. Failure to do so will make us not liable for any damage reported after the workers have left your property.
14.1 Nothing in these terms and conditions shall be taken or construed as operating to exclude, restrict or modify any guarantee, condition or warranty implied by legislation including the Australian Consumer Law and equivalent State and Territory legislation (each a “Non-excludable Provision”) if to do so would contravene that legislation or cause any part of this clause 14 to be void.
14.2 We exclude:
14.3 Except as provided in clause 13 and to the maximum extent permitted by law, Our liability to You for breach of:
14.4 You acknowledge and agree that reliance by Us on the exclusions and limitations of liability in this clause 14 is fair and reasonable in all the circumstances.
From time to time We may offer bonuses or discounts in connection with Our Services. To be entitled to such bonuses or discounts you must comply strictly with the terms of offer (which We will determine at Our sole discretion). We may withdraw any bonus or discount at any time without being obliged to give reasons or prior notice and without incurring any liability to You. The VIP Platinum Card discount does not apply to the Road Runner, Spiderman and Mighty Hercules truck.
16.1 These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications, whether written or oral, in relation to their subject matter.
16.2 If any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these terms and conditions.
16.3 All waivers must be in writing. A single or partial exercise or waiver by a party of a right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other right.
16.4 Except as expressly stated otherwise in these terms and conditions, Our rights under the these terms and conditions are cumulative and are in addition to any other rights at law.
16.5 We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If We elect to do so, You will be informed at least two (2) days before the amendment takes effect. If You do not agree with the amendment, You must terminate the Contract and comply with all Your post-termination obligations under it.
16.6 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in New South Wales , Australia.
Porta robes are hired at $12. Upon return within the 4 weeks in good condition, you will receive $5 back.
Saturday rates are at higher rates.