1.1
In this contract 'the Contractor' means Peters Removals and Storage Pty Ltd and shall include, where the context permits, its servants, agents and sub-contractors; and 'the Customer' means the person authorising the performance of the work by the Contractor and any person on whose behalf that authority is given.

1.2
Any notice given hereunder may unless otherwise provided be given to the Customer personally or by ordinary prepaid post addressed to the Customer at the last address of the Customer known to the Contractor.

2.1
The contract may be altered by mutual consent of the Contractor and of the Customer, but so far as these General Conditions are concerned, the Contractor's consent for any such alteration may only be given by a Proprietor, Director, Secretary or Manager, and must be evidenced in writing.

3.1
The Contractor is not a common carrier and reserves the right to refuse to quote for the carriage of goods for any person or for the carriage of any class of goods.

3.2
Subject to any special arrangements agreed upon in the Quotation and Acceptance, the Contractor shall be entitled to carry the goods by any reasonable route (having regard to all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.

3.3
(i) Right to assign - The Contractor may not assign this contract without the consent of the Customer.

(ii) Authority to subcontract - The Contractor and any subcontractor are entitled to subcontract on any terms for the whole or any part of the services.

3.4
(i) Contractor not liable under a subcontract - The Contractor is not liable to the Customer or Owner for any services carried out under subcontract.

(ii) The Customer and the Owner shall not make any claim against the Contractor which seeks to impose upon the Contractor liability whatsoever or howsoever arising (including without limiting the forgoing, from negligence or breach of contract or wilful act or default of the subcontractor) in connection with the performance of the Services by the subcontractor.

(iii) Notwithstanding Clause 3.4(ii) if any such claim is made, the Customer and Owner must indemnify the Contractor against the consequences thereof including costs on a solicitor and own client basis.

(iv) Contractor's responsibility - The liability of the Contractor shall be restricted only to the direct activities of the Contractor and its servants, agents and subcontractors in the actions of packing, unloading, unpacking and storing the goods.

3.5
(i) The Contractor shall be bound to deliver any goods except to the Customer or a person authorised in writing by the Customer to receive such goods.

(ii) If the Customer or person authorised to receive the goods is unable to receive them upon their arrival in accordance with this contract, or if the Contractor cannot by reason of circumstances beyond its control 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 warehouse in reasonable proximity to the place to which the goods were to be delivered and, subject to (iii), such unloading shall be deemed to be delivery and the Contractor shall, after making due allowance for any savings, be entitled to make a reasonable additonal charge in respect of storage, handling and delivery of the goods thereafter.

(iii) Before exercising its rights under (ii), the Contractor shall take reasonable steps to notify the Customer of the circumstances and the Customer shall be entitled at that or any later time to give alternate instructions as to the delivery of the goods, provided that after due allowance is made for any savings the Customer shall be liable to meet any reasonable additional charges occasioned thereby.

3.6
In the event of any significant alteration in the anticipated time or date for the Contractor to pack, uplift, deliver or unpack the goods, the Contractor shall take reasonable steps to notify the Customer of such alteration and of the amended anticipated time or date, but this shall not absolve the Contractor from any liability regarding any firm date agreed in the Quotation and Acceptance.

4.1
The Customer warrants the accuracy of any information other than estimates of the value given to the Contractor and on which the Contractor in fact reasonably in assessing any quotation or estimate of the resources necessary to carry out the work.

4.2
In respect of goods removed or stored hereunder the Customer warrants that he/she is the owner thereof or has the authority to deal with such 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 warranty.

4.3
If a firm date is agreed upon in the Quotation and Acceptance for the performance by the Contractor of any service, hereunder and the Customer requires such date to be altered or the goods not available on such date, the Contractor shall be entitled to make a reasonable additional charged for any loss or additional expense occasioned thereby.

4.4
The Customer shall ensure that he/she or some person on his/her behalf is present during the loading and unloading of the goods except when the goods are being unloaded or loaded from store.

4.5
The Customer shall not be entitled to require removal or storage of any article or substance which is or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature, nor anthing likely in the course of such removal or storage to encourage any vermin or pest. The Customer shall indemnify the Contractor against any loss or damage which may be suffered by the Contractor through the presence of any such article or substance in any goods removed or stored for the Customer, and against any claim made against the Contractor by any other person arising therefrom unless such presence and the nature of such article or substance were in fact disclosed to any known by the Contractor prior to loading or receipt by it. In the event of discovery by the Contractor of any such article or substance after the goods have been received by it the Contractor may take reasonable action in relation thereto including remove, destroy or otherwise dispose of or treat the same at the expense of the Customer and without in any way becoming liable to the Customer.

4.6
The Customer warrants that he/she will prior to the commencement of the removal or storage, give written notice to the Contractor of any goods which --
- are of a fragile or brittle nature and which are not readily apparent as such;
- or include any antiques, jewellery, plate, percious object, object d'art, work of art, medal, money, stamp, collection or items, fur or piece of precious equipment in any case having a value in excess of $500;
- are packed or to be packed in any one carton and which have a value in excess of $500 per carton.

4.7
The Customer warrants that he/she will ensure to the best of his/her ability that all goods to be removed (other than goods ex-store) or stored are given to or taken by the Contractor and that none is left behind or taken by the Contractor in error and the Customer shall indemnify the Contractor against any claim arising or expense incurred as a result of a breach of this warranty (which warranty may, if the Customer desires, ne satisfied by the provision of an accurate and complete inventory prepareed by the Customer).

5.1
The Contractor shall prepare an inventory of the goods received at the time of their receipt and the Customer or some person on behalf of the Customer shall, if satisfied that the inventory is complete and accurate, sign the inventory or a copy thereof. The Contractor shall provide the Customer with a copy of the inventory. If the Customer signs the inventory or a copy thereof (or does not so sign and fails to object to the inventory within 7 days of receipt from the Contractor), the inventory shall be conclusive of the goods received by the Contractor. Such inventory shall disclose only visible items and not any contents therefof unless the Customer shall so specify, in which case the Contractor shall be entitled to make reasonable additional charge for the preparation of such inventory.

5.2
The Customer shall furnish to the Contractor a specimen signature and an address to which the Contractor may forward any notice or correspondence and shall promptly notify the Contractor or any change of address.

5.3
Where the goods have been stored for a period exceeding 26 weeks, or any longer period agreed upon in the Quotation and Acceptance, the Contractor may change the storage charges from time to time by giving 28 days prior written notice to the Customer.

5.4
The Contractor is authorised to remove the goods from one warehoue to another, without cost to the Customer and after not less than 5 working days written notice (except in emergency when subsequent written notice shall be given as soon as practicable). Such notice shall state the address of the warehouse to which the goods are removed.

5.5
The Customer shall be entitled, upon the giving to the Contractor of reasonable notice, to inspect the goods in store, and the Contractor shall be entitled to make a reasonable additional charge therefor.

5.6
The Customer shall give to the Contractor not less than 5 working days notice (confirmed in writing) of the requirement to remove goods from storage. Of the Customer gives the Contractor any lesser period of notice, the Contractor shall use its best endeavours to meet the Customer'ss requirements but shall be entitled to make a reasonable charge for any extra work done.

6.1
Where the contract involves the transportation or storage of goods otherwise than for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported or stored and whether or not the Contractor is a trading corporation, the contract shall be subject to the warranties set out in Section 74(1) and (2) of the Trade Practices Act 1974, and, in particular, the warranty by the Contractor that such transportation or storage shall be rendered with due care and skill, and the following conditions of this Clause 6 shall apply.

6.2
Neither party shall be liable to the other for any loss or damage (direct or consequential) occasioned to the other from any cause beyond the control of the Contractor or the Customer, as the case may be, including delay in transit (unless resulting from want of due care and skill or breach of this contract by that other), industrial disputes, acts of God, weather difficulties or acts of third parties.

6.3
Where damage is or was undertaken by a person other than the Contractor, its servant, agent or sub-contractor, the Customer is not entitled to recover for such damage from the Contractor.

6.4
Certain goods (including electrical and mechanical appliances, scientific instruments and certain musical instruments) are inherently susceptible to suffer damage or disorder upon any removal and unless such damage or disorder results from the want of due care and skill on the part of or breach of warranty by the Contractor, the Customer is not entitled to recover from the Contractor for any such damage or disorder.

6.5
Any claim for loss of or damage to goods under this Clause 7 shall be notified by the Customer in writing (or by telephone and later confirmed in writing) to the Contractor within a reasonable time after the date of delivery or, in the case of loss, the date upon which the goods would ordinarily have been delivered. The Contractor will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if notified within 2 working days of the date of which the goods would have been or were delivered.

6.6
In any claim for loss or damage to goods under this Clause 7, the estimate of the maximum value of the goods set out in the Quotation and Acceptance shall be prima facie evidence that the total value of the goods did not exceed that value at the time of such loss or damge.