Terms

Terms and Conditions v3 – 1/10/2026

These terms and conditions will apply to all contracts in respect of which you have requested us to arrange for the packing, removal, storage and/or any other services provided by us. You acknowledge and accept that you have read, understood and agreed to these terms and conditions prior to booking services with us.

Definitions

“We” means Rocky Removals, ABN 50 757 689 305, and “Us” and “Our” have corresponding meanings;
“You” means the party entering into the agreement for services with Us, and includes the party to whom Our quotation is addressed and the party by whom accepted, and “Your” has a corresponding meaning;
“Goods” means all furniture and other effects which are to be the subject of the Services;
“Services” means the whole of the work to be undertaken by Us in connection with the Goods including removal, packing and (if applicable) storage;
“Subcontractor” means any person other than one of Our employees who, under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services.

Acceptance of terms and conditions

By making any full or part payment of the price (including any deposit) to Us confirms acceptance of our terms and conditions.
Agreeing to take on our services either verbally, by written communication or via Rocky Removals socials/website page, You (the client) formally accept our terms and conditions of trade. It is our understanding that you have read the terms and conditions thoroughly prior to engaging our services.

Introduction

We are not common carriers and accept no liability as such.
We reserve the right to refuse to quote for the carriage of goods for any reason and for carriage of any goods or classes of goods at our discretion.
You acknowledge and accept that any pickup / delivery time or date advised by us is indicative only and is not guaranteed to be met. If there is a pickup / delivery time or date which in our opinion cannot be reasonably met, then we reserve the right to alter that time or date at any time before the commencement of the move.
Due to OH&S issues, we expect your items to be of a standard cleanliness and we have the right to refuse to move items considered by our movers as dirty. All your items should be put into boxes and the boxes be suitable for moving. We will not move boxes that are not strong enough to carry the items that have been placed in them.
If our removalists believe there are safety risks, or the work being requested is not suitable for our removalists and/or equipment we have the right to refuse to undertake the work.

Photographs

On the day of the move or at site visits before the actual move, we may take photos of some / all items that we are packing and/or moving, the location of those items in your premises, the premises itself and the items packed in our truck for OH&S and insurance purposes and in case of a dispute in relation to our Services or your satisfaction with our Services. You consent to Us taking these photos and to Our reasonable use of these photos and understand that We may disclose this footage to third parties (such as Our insurer).

Your Obligations and Warranties

Information Supplied by You. You warrant that any information which You have provided to Us have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work, is accurate.
Owner or Authorised Agent. You warrant that, in entering into this Agreement, You are either the owner of the Goods, or the authorised agent of the owner.
It is agreed that no inventory of the Goods being moved (whether into storage or to another premises) will be taken unless You request it before the start of the move. Inventories will include visible items only. This will be a charge to You at the current hourly rate.
Pre-Existing Condition of Goods. You must inform Us of any pre-existing conditions and/or damages of Your goods. The pre-existing condition of any Goods will be agreed upon between You and Us prior to Us removing or otherwise dealing with those Goods. Photos of goods might be taken to document pre-exiting conditions.

Presence at Loading/Unloading/On Site. You will ensure that You or some person on Your behalf is present at all times when the Goods are loaded or unloaded or ensure we have access to the property. Where You or Your representative are not present, for any amount of time, You agree that we will not be held responsible or liable for goods not collected, for collecting the incorrect goods, and/or for or any loss of or damage to goods if you or a person acting on your behalf is not present, for any amount of time, during the loading and/or unloading of the goods. We will not repair or compensate You for any damages and/or We may stop the move while chargeable time continues until You or Your representative is (back) on site. Moves may commence without You or some person on Your behalf presence as long as we have access to facilitate your move.

Adherence to Safety Guidelines. You must acknowledge and at all times adhere to any safety guidelines provided to You by Us from time to time. You must also provide Us and Our employees with sufficient access, free from harm or risk to health and safety, to any of Your premises where the Goods are to be collected, stored and/or delivered, to enable Us to provide the Services.
Dangerous Goods. You warrant that the Goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor likely to encourage any vermin or pest unless You have disclosed to Us in writing the presence and nature of any such items prior to them being made available to Us for loading. We may refuse to remove or store such items. If We discover any article or substance of this nature after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any Liability to You.
Fragile Goods and Valuable Items. You will, prior to the commencement of the removal, give to Us written notice of any Goods which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewellery, precious objects, works of art, money, collections of items or precision equipment in any case having a value in excess of $1,000.
Specialist and Heavy Items. Please notify us in writing if you have any of the following items (which include but are not limited to):

Double Door or Commercial Refrigerator;

Piano or Organs (we do not move grand pianos or pianolas);

Items made from marble;

Glass Tabletops or cabinets;

Pool or Snooker Tables (we do not move commercial pool tables or any heavier than approximately 350kg);

Large Pot Plants that have not been cleaned;

Animal enclosures, fish tanks, etc.;

Any items heavier than 80kg;

Any items larger than 3 metres in length;

Sensitive and/or delicate items such as fishing rods.

We reserve the right not to move any of the above listed items if we were not informed of such items at the time of the booking. There may also be additional charges for moving any of the above items.

Heavy Items incur an extra charge depending on the weight and awkwardness of the item;

Heavy Items may require three or four removalists to attend the move of any Heavy Item;

We will not move Heavy Items up or down stairs for OH&S reasons. Please contact a specialist mover under these circumstances;

If You provide Us with notice of any Heavy Item after We confirm the booking, We may (in Our absolute discretion) refuse to move any Heavy Item. However, if We choose to move the Heavy Item at Your request, We reserve Our right to amend the Pricing to include the extra charges incurred by the inclusion of the Heavy Item (which may include but is not limited to any additional removalist(s) required to ensure that the move of the Heavy Item is attended to by three or four removalists).

Goods Left Behind or Moved in Error. You will ensure, that all Goods to be moved and/or stored are uplifted by Us and that none are taken in error. You agree that we will not be held responsible or liable for goods not collected, for collecting the incorrect goods, and/or for or any loss of or damage to goods if you or a person acting on your behalf is not present, for any amount of time, during the loading and/or unloading of the goods.
Necessary Permits. You will obtain at Your own expense all documents, permits, licences, customs documents necessary for the move to be completed.

You must inform Us of any property settlements on the day of Your move and the settlement time(s). Please note that We will not be liable for having removed all items from Your original premises by settlement time and that wait time before being allowed to enter Your new premises is chargeable time.
You must inform Us if there is a lift at any of Your premises and if a lift booking is necessary. If a lift booking is necessary, it is Your responsibility to make these bookings and inform Us of the lift booking times at least 3 days BEFORE Your move. It is Your responsibility to arrange lift bookings that work for Your booked arrival window AND are wide enough to accommodate unforeseen circumstances. We will not be liable under any circumstances if loading or unloading cannot be completed due to lift issues.
Unoccupied or Unattended Premises. We are not responsible for any damage to or theft of Goods left in unoccupied or unattended premises at any time during the provision of Our Services, or where other people (including but not limited to, tenants and workmen) are or will be present without Your supervision.
Proper Preparation. You must prepare adequately and stabilise all Goods (including but not limited to appliances and electronic equipment) prior to their removal by Us. You will empty all cupboards, wardrobes, shelves and drawers and the like before uplift of such furniture. You will drain all Your appliances. You hereby indemnify Us for any loss or damage that we may suffer or incur, by Your failure to adequately prepare or stabilise any of the Goods. We are not responsible for any damage caused to Goods and/or their contents or other property where the Goods have not been prepared and/or emptied as required by this clause. This clause shall survive the termination or expiry of this Agreement.

Refrigerators and Freezers. You must empty, properly defrost and clean refrigerators and deep freezers prior to their removal by Us. We are not responsible for any loss or damage caused to the contents of any refrigerators or deep freezers.

Domestic and Garden Appliances. You must ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes and petrol lawn mowers are clean and dry and have no residual fluid left in them. You indemnify Us for any loss or damage, that We may suffer or incur, by Your failure to ensure that all domestic and garden appliances are clean and dry and have no residual fluid left in them.

Contact Details. You must provide Us with a contact address and contact telephone number for correspondence before, during and after removal, transit and/or storage of goods.
Mobile Phone Contact. You must ensure that You are available to receive telephone calls and reply to text messages from Us at any stage during the day that You are booked to have Services provided to You by Us.

If Your arrival window/ start time commences at 6am (or earlier) You must be contactable from 5.30am to receive calls and reply to text messages.

If Your arrival window does not commence at 6am in the morning, You must be contactable by phone or return Our calls/messages within 15 minutes of Us trying to contact You at any stage from 8am. If We cannot contact You, especially BEFORE the start of Your arrival window, additional charges for travel time may apply, or We may not be able to arrive during Your specified arrival window.

If You will be uncontactable due to other commitments before or during the provision of Our services, You must provide Us with an alternative contact that We can speak to on Your behalf.

Arrange Insurance. You will arrange adequate insurance cover for the goods submitted for removal and transit, against all insurable risks as Our Liability is limited.
Relevant Documents. Where We provide You with inventories, receipts, waybills or other relevant documents (“Documents”) for the purpose of Your verification and authorisation of their contents, You or Your authorised representative will ensure that they are accurate.
Items to Fit Premises. The premises from which the Goods are to be removed (the “Original Premises”) and the premises to which the Goods are to be delivered (the “New Premises”) must contain doorways and stairwells which are large enough to reasonably accommodate the passage through of the Goods. Neither We or Our employees or agents are insured or trained to remove any doors or windows to accommodate the passage of Goods, and We reserve the right in Our absolute discretion to refuse to move or otherwise deal with any Goods which cannot reasonably pass through doorways and/or stairwells. We may leave the Goods in question inside of the Original or outside of the New Premises at Our discretion. In such cases, it is Your responsibility to organise the moving of the Goods at Your cost and neither W shall not be liable for any loss or damage caused to You or the Goods in question caused by Our inability or refusal to move the Goods. We may require You to provide photo evidence and measurements of the Goods, the Original Premises and/or the New Premises.
Awkward Access and Unusual Circumstances. For the purpose of this Agreement, “Awkward Access” includes but is not limited to: having no vehicle access; having no parking available in close proximity to the Original Premises or New Premises; (shared or no) lifts and cramped/tight stair and hallway conditions and balcony access. It is Your responsibility to inform Us about any Awkward Access prior to the provision of the Services. We reserve the right to add extra reasonable costs due to unforeseen circumstances caused by Awkward Access or any other conditions which cause unusual delays, inconveniences or labour for Us or Our removalists (including but not limited to waiting for keys or gaining entry, provision of incorrect addresses and narrow stairs). In addition, clause “Liability for Loss or Damage – Awkward Access” applies to any Awkward Access or unusual delays, inconveniences or labour for Us.
Notification of Loss or Damage. You must report any damage in writing before we leave the premises. Failure to do so voids any Liability for loss or damage to You.

Services We Will Not Perform

Not Qualified or Authorised. Our staff are not qualified or authorised to carry out the tasks set out below, and those tasks are specifically excluded from the scope of the Services. It is Your responsibility to arrange (and We recommend that You arrange) a qualified provider to carry out these tasks:

securing or preparing for transit, as necessary, equipment or appliances (including but not limited to securing washing machine drums);

taking up or laying fitted floor coverings of any kind;

removing storage heaters or air conditioners (unless they are already disconnected and adequately dismantled); moving items from a loft or attic (unless the loft or attic is properly lit and floored and safe access is provided);

dismantling or assembling garden furniture and equipment (including but not limited to sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes), or moving paving slabs, planters and the like; assembling children’s play equipment and cots;

moving items heavier than 180kg; and

arranging for insurances for removals services.

Our Discretion to Move Goods. We reserve the right to refuse to remove or otherwise deal with any of the Goods (regardless of whether the Goods are a Heavy Item or not), if We consider that the removing or dealing with the Goods may cause harm to Our removalists or to the Goods or other (third party) property.
Cancellation of Move. Without limitation and without limiting any rights that We may have under this Agreement or at law, We may cancel the move including but not limited to the following circumstances:

You did not accept the Terms and Conditions for Removal Services.

You or your staff or any other person on site abuse any removalist(s) on the job or Our office staff or any member over the phone;

We find used syringes in the Goods or at Your premises;

We consider that You or any other person on site are under the influence of drugs or alcohol;

We consider that the Goods/Your premises are not in a reasonably hygienic state (including but not limited to extremely dusty Goods, or goods containing vermin or old food); or

We consider Your premises to be unsafe (including, without limitation, unfinished construction work, no or insufficient lighting or other damage to. Your premises).

Police is onsite without our prior knowledge.

If the move has commenced and We cannot continue loading/unloading at Your premises for any of the above reasons

You must organise a storage facility at Your cost into which We can unload Your belongings;

Minimum Charges will apply for allocation of the vehicle and charges apply for the time Our services have been used including unload at a different location if necessary.

Goods Not to be Submitted for Removal and Storage

You warrant that the Goods do not include any of the following items:

illegal or stolen goods or drugs;

potentially dangerous, damaging or explosive items (including but not limited to petrol, diesel, gas bottles, aerosols, paints, firearms and ammunition);

plants or goods likely to encourage vermin or other pests or cause infestation or contamination;

perishable items and/or those requiring a controlled environment;

any animals, reptiles, birds or fish; or

Goods which require special licence or government permission for export or import, (“Prohibited Goods”).

We shall notify You as soon as practicable if any of the Goods are in Our opinion Prohibited Goods. We will not deal with any Prohibited Goods and will not be liable for any loss or damage caused to You or the Goods in question as a result of Our refusal to deal with the Prohibited Goods.
If You cause Us to deal with Prohibited Goods without Our knowledge (for example, and without limitation, where Prohibited Goods are contained in sealed boxes that We did not pack) and We become aware, after loading the Prohibited Goods that they are Prohibited Goods, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any Liability to You.
You warrant that the Goods do not include jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind. We will not be liable for the loss of or damage to any such items during removal and/or storage.
ALL Your Valuables including but not limited to jewellery, watches, phones, trinkets, precious stones or metals, money, credit cards, wallets, deeds, securities, stamps, coins or goods or collections have been or identification documents have been securely stored away in a safe place by yourself before We arrive and will be transported by You.

Pre-Packing Services

Pre-packing is the process of boxing up Your goods and preparing Your belongings for transit if You don’t wish to do this Yourself. Bookings MUST be made prior to the actual relocation. This is not an add on service that can be provided on the day of Your move without notice.
Engagement for pre-packing services. If You engage Us to provide pre-packing services, then the pre-packing services form part of the Services and We will (in addition to the “Standard Packing Services” set out under clause 009 below):

pre-pack any Goods in any manner determined by Us in Our sole discretion;

use Our own packing materials only; and

charge You for the time taken to pre-pack the Goods and the cost of the materials used in accordance with the current price list at the time of booking.

If You exclude certain items from Our pre-packing service or wish them packed different to Our advice, then clause below “Pre-Packing Services – Non-engagement for pre-packing services” applies.
Non-engagement for pre-packing services. If You do not engage Us to provide pre-packing services (to all Your Goods) then: You will be responsible for any loss or damage that occurs to the Goods as a result of the Goods being incorrectly or inadequately packed by You.

Packing, Mode of Carriage, Subcontractors, Third-Party Removalists and Ancillary Services

Standard Packing Services. If You engage Us to provide any Removal Services, We may:

blanket wrap items such as doors or drawers, tables and whitegoods (blankets are provided free of charge – and remain the property of Rocky Removals);

We recommend use of bubble wrap to protect all glass items/ items with glass and mirrors as well as paintings (extra charges apply);

We recommend use of protective covers or shrink wrap for mattresses, couches, chairs, lounges and other upholstery items (extra charges apply);

take off and dispose of any wrap / covers at the end of the move; and charge You for the time taken and materials to pack and unpack the Goods in the Standard Packing Services, in accordance with the price list that is current at the date of Your booking,

UNLESS You:

specifically elect for Us not to provide Our Standard Packing Services; or

wish to exclude any item(s) from the Standard Service (if You exclude even one item the service is considered declined); or

have wrapped one or any amount of items yourself (if You wrap even one item yourself the service is considered declined and clause “Liability for Loss or Damage – Not Our Packaging/Packing” applies), in which event, You will be responsible for any loss or damage that occurs to the Goods and/or Your premises as a result of the Goods being incorrectly or inadequately packed and prepared for transit.

Mode of Carriage. We shall be entitled to carry, or arrange for the carriage of, the Goods by any reasonable route as determined by Us (having regard to all the circumstances including the nature and destination of any other goods being carried on or in the conveying vehicle or container) and by any reasonable means, including, where We consider it necessary or desirable, by sea, rail or air, and for that purpose, as Your agent, to arrange for a Third Party Provider to effect such carriage by sea, rail or air.
Consignment of Other Customers. Unless it has been specifically agreed in writing by You and Us, We may utilise any space/volume/capacity on Our vehicles that is not occupied by Your Goods for consignments of Our other customers or other customers of Subcontractors.
We may use a Subcontractor or Subcontractors to undertake the whole or any part of the Services. We will not be responsible to You for the performance of the Services by any Subcontractor.
Third Party Removalists. In the event that We and/or Our Subcontractors do not have the availability to perform the Services as set out in the Enquiry/Quotation/Booking, You agree that We may arrange to have the Services undertaken by Third Party Removalists, and that We may share the details in the Quotation/Booking (including Your personal details) with the Third Party Removalist for the sole purpose of carrying out the Services. We accept no Liability arising out of the provision of the Services by a Third Party Removalist. We are not a party to any agreement entered into between You and a Third Party Removalist.
Ancillary Services. We may, at Your request arrange to have Ancillary Services undertaken by Third Party Providers, but We will not accept Liability, including Liability for any loss or damage, arising out of the provision of Ancillary Services.

Completion, Delivery and Delays in Transit

We shall not be bound to deliver the Goods except to You or a person authorised in writing by You to receive the Goods. If We cannot deliver the Goods either because there is no authorised person there to receive them on Our arrival, or because We cannot gain access to the premises (including Your failure to make a (sufficiently long) lift booking if such booking is required), or for any other reason beyond Our control, We will be entitled to charge for wait time or unload the Goods into a warehouse/storage facility, and will be entitled to charge an additional amount for unloading and storage and for the subsequent re-delivery of the Goods.
We reserve the right to determine in Our absolute discretion that weather conditions are unsuitable for Us to complete Our Services, in which event We may elect to:

wait for the unsuitable weather conditions to pass (in which event You will be charged for the amount of time that We are required to wait). Should You decide to cancel the Services instead of waiting for the unsuitable weather to pass, You will be charged for the Services undertaken up to the time of the cancellation, regardless of non- completion of the Services (in which event the minimum charges set out in clause “011. Charges, Deposits and Payments – Minimum Charges” shall apply);

complete the Services on the next suitable day; or

deliver the Goods (if Goods have been loaded onto one of Our trucks at the time that We determined that weather conditions are unsuitable) on the next suitable day. Should this occur, We will not charge You for overnight storage if the loaded truck has availability for redelivery the next day. However, if We need to unload Your items into storage additional charges will apply for unloading and reloading of Your items and to the storage provider.

Long Moves. While We use Our best endeavours to complete a move with the resources originally booked and allocated, We reserve the right to:

determine in Our sole discretion that the amount or nature of the Goods to be moved or the access at Your premises requires one or more additional removalists and/or trucks and to retain the additional removalist(s) and/or arrange for the additional truck and charge You for the associated costs; or

determine in Our sole discretion (with such determination permitted to be made at any time without requiring prior notice to You) that a move cannot be completed in one day and elect to complete the Services on the next suitable day.

Delays caused by traffic conditions, road repairs, selection of route and vehicle break down are inherent in the furniture removal industry. We will not be liable for any loss, damage, extra cost or consequential loss as a result of Our transit being delayed for any reason beyond Our control.

Charges, Deposits and Payments

Methods of Charging. We may charge You by way any of the following methods:

fixed fee; or

hourly rates charged in 15-minute increments (including the time taken to process payment if payment takes longer than 10 minutes), subject to clause “011. Charges, Deposits and Payments – Minimum Charges”; or “011. Charges and Payments – Methods of charging” a combination of fixed-fees and hourly rates (subject to clause “011. Charges, Deposits and Payments – Local Minimum Charges”),

plus any additional charges that We are entitled to render under this Agreement.

Deposits – Local Hourly jobs. Local moves within 50km radius A 2 x hour deposit is required to secure your local booking. The deposit is non-refundable subject to the applicable Cancellation Policy in clause “011. Charges, Deposits and Payments – Cancellation”. Balance to be paid on completion of job.
Deposits – Estimate jobs. Non-Local moves more than 50km radius A 50% deposit is required to secure your booking. The deposit is non-refundable subject to the applicable Cancellation Policy in clause “011. Charges, Deposits and Payments – Cancellation”. Balance to be paid on the loading day once truck is fully loaded.

Time for Payment. Full payment of the Price for Services rendered (less any deposits paid) is due immediately following the completion of the Services before the vehicle(s) leave Your premises.

Services rendered over multiple days. If Services are rendered over multiple days, a progress payment is due at the end of each day without exception.

Late fees. You are liable for any additional cost(s) incurred by Us, as a result of Us having to recover overdue or outstanding monies from You (debt recovery fees including debt collection and court fees and interest if applicable).

Chargeable time may continue until payment received in full on completion.

Method of payment. Payments are to be made by cash, EFTPOS or credit card or (mobile) internet banking/direct deposit (a screenshot of the receipt needs to be sent to rockyremovals@outlook.com). You agree:

We do not accept cheques; and

accounts will not be issued under any circumstances.

If you do decide to pay by credit card, you expressly authorise us to process the credit card payment for the amount due (on the credit card provided by you, or if no credit card is provided, then the credit card used for the original deposit) within one (1) business day of completion of the move regardless of whether there is any dispute in relation to the move. To avoid any doubt, even if there is a dispute for any reason, you must still pay the amount due on completion of the move and you expressly authorise us to process the credit card payment for the amount due. If you have any issue or concern with your move or what you were charged, you should email our office: rockyremovals@outlook.com so that it can be resolved.

If you are not present at the completion of the move, you expressly authorise us to process the credit card payment for the amount due on the credit card used for the original deposit.

Payment of the remaining amount is due on completion of the move. If full payment remains unpaid 7 days after receiving final notice. The unpaid invoice is then sent to debt collectors and the debt collection fees (16.5%) will be charged in addition to the unpaid invoice balance.

Start Time. Chargeable time will commence as soon as Our truck leaves our depot heading for the (first) address that You have specified. It is Your responsibility to have arranged adequate and legal parking for Our truck. Failure to make such arrangements may cause delays which You will be charged for.

Estimated Time & Estimated Charges. All our Quotations are an estimate only, You acknowledge that the final Price may be more or less than the estimated amount. All times provided to you either verbally or written are an ESTIMATE only and based on the information you provide us. The total ‘working time’ and price range is variable and dependent on many factors including, how prepared the client is on the day, access, parking, stairs, how well items have been packed into boxes, job complexity and other factors outside of our control. We will ensure that our crew work to the best of their ability and at an efficient pace whilst also ensuring that all items are adequately taken care of. If the job is completed outside of the estimated time or price range on the quote, the client is expected to pay for the job in full and for the entirety of the time worked.

We will endeavour to advise You of any material variation from the estimate as it becomes apparent.

Local Minimum Charges. Unless agreed otherwise in writing between You and Us prior to the commencement of the Services, the following minimum charges apply:

if You have booked two removalists, 2 hours of the hourly rate and any applicable charges; and

if You have booked more than 2 removalists, 3 hours of the hourly rate(s) and any applicable charges.

Depot/Travel Charges. Unless otherwise agreed in writing between You and Us prior to the commencement of the Services, depot/travel charges apply to all Services.
Road Tolls. You will be liable to pay for any road toll charges incurred throughout the provision of the Services.
Packing Materials. Packing Materials used are charged as per the current price list and not included in the fixed fee or hourly rates set out in the Quotation or Booking Confirmation.
Parking Charges. It is Your responsibility to arrange adequate and legal parking for Our truck(s) at all addresses. You are liable to pay for parking charges if no free parking is available. If no parking is available, We will charge You for the time that We must wait until a legal parking space can be arranged/found. We will not park illegally.
Variation of Work Required and Delay. If the Services You ultimately required varies from the Services for which a quote or estimate has been given or booking was made, or if We are prevented from or delayed in undertaking the Services or any part thereof (except where that prevention or delay results from a factor within Our control), We will be entitled to make a reasonable additional charge. We will also be entitled to reimbursement from You of any amount which We have been required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods.
Settlements. If there is one or more property settlements on the day that the Services are being provided, and such settlement/s causes a delay, You will be charged for any time that We are required to wait due to such delay.
Alteration of Dates. If a date for the performance by Us of any Services is agreed upon and You require that date to be altered or the Goods are not available on that date, We will be entitled to render a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.
If You cancel 24 hours or less before the agreed date and time for the provision of the Services or fail to attend the move, You must pay to Us the minimum charges as outlined in clause “011. Charges, Deposits and Payments – Local Minimum Charges”.
Insurance Excess Payments. In case of an insurance claim, You will pay $500 towards the insurance excess per claim. To avoid or decrease insurance excess fees, You need to agree in writing, and pay higher charges for removal services prior to the move.
Recovery and Legal Costs. You indemnify Us for any additional cost(s) incurred by Us as a result of having to recover overdue or outstanding monies from You, including Our legal and recovery costs on an indemnity basis. Payment of the balance is due on completion of the move. If full payment remains unpaid 7 days after receiving final notice. The unpaid invoice is then sent to debt collectors and the debt collection fees (16.5%) will be charged in addition to the unpaid invoice balance. This clause shall survive the expiry or termination of this Agreement.
Contractual Liens. All Goods received by Us will be subject to a general lien for any moneys due by You to Us relating to any Services provided under this Agreement or any other agreement.

Storage Services
You (Storer):

You acknowledge We are not a common storage facility; however, We may be able to provide storage in accordance with the following terms and conditions.
You may store Goods in the Space allocated to You by Us and only in that Space;
You have knowledge of the Goods in the Space;
You Warrant that You the owner of the Goods in the Space, and/or are entitled at law to deal with in accordance with all aspects of this Agreement.

2.Us (Storage Facility):

We do not have and will not be deemed to have, knowledge of the Goods;

Storage Cost & Payment:

You must upon moving goods into storage pay to Us
The amount quoted is per week and 4 weeks is required to be paid upfront in advance and continue to pay fortnightly with being always 2 weeks in advance.

The Storer is responsible to pay:

the Storage Fee being the amount notified to the storer by Rocky Removals. This Storage Fee is payable in advance and it is the Storer’s responsibility to make payment directly to Rocky Removals on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit (“Direct Payment”) will not be credited to Storer’s account unless the Storer identifies the Direct Payment clearly and as reasonably directed by Rocky Removals. Rocky Removals is indemnified from any claim for enforcement of the Agreement, including the sale or disposal of Goods, due to the Storer’s failure to correctly identify a Direct Payment;
Unless you notify Us in writing otherwise, you agree for the storage charges to be charged onto the same credit card with which you paid the deposit for your removal service.
any reasonable costs incurred by Us in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or the Default Action costs.

5.The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.

Default:

(a) Notwithstanding clause 23 and subject to clause 6 (b), the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, Rocky Removals may enter the Space, by force or otherwise, and/or sell or dispose of any Goods in the Space on such terms that Rocky Removals may determine (“Default Action”). For the purposes of the Personal Property Securities Act 2009, Rocky Removals is deemed to be in possession of the Goods from the moment Rocky Removals accesses the Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. Rocky Removals may also require payment of Default Action costs, including any costs associated with accessing the Storer ’s Space and disposal or sale of the Storer’s Goods. Any excess funds will be returned to the Storer within 6 months of the sale of goods. In the event that the Storer cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. In the event that the Storer has more than one Space with Rocky Removals, default on either Space authorises Rocky Removals to take Default Action against all Spaces.

(b). At least 14 days before Rocky Removals can take any Default Action Rocky Removals will provide the Storer with Notice that the Storer is in Default. Rocky Removals will provide the Storer with reasonable time to rectify the Default before any Default Action is taken.

Right To Dump:

If, in the reasonable opinion of Rocky Removals, a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale, may pose a health risk to the storer or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, Rocky Removals may dispose of all Goods in the Storer’s Space by any means.
Further, upon Termination of the Agreement (Clause 23) by either the Storer or Rocky Removals, in the event that a Storer fails to remove all Goods from their Space or the Facility Rocky Removals is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. Rocky Removals will give 7 days’ notice of intended disposal.
Any items deemed left, in Rocky Removals reasonable opinion, unattended in common areas or outside the Storer’s Space at any time may at Rocky Removals reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.

Access & Conditions:

The Storer:

(a) has the right to access the Space during Access Hours as posted by Rocky Removals and subject to the terms of this Agreement;

(b) will be solely responsible for the securing of the Space with a padlock

(c) must not store any Goods that are hazardous, illegal, stolen, explosive, environmentally harmful, perishable or that are a risk to the property of any person;

(d) must not store items which are irreplaceable, and/or currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;

(e) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(f) must not attach nails, screws etc to any part of the Space, must maintain the Space by ensuring it is clean and in a state of good repair, and must not damage or alter the Space without Rocky Removals consent;

(g) in the event of uncleanliness of or damage to the Space or Facility, Rocky Removals will be entitled to charge the Storer for reimbursement for the cleaning and/or repair costs

(g) cannot assign this Agreement;

(h) must give Notice of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;

(i) grants Rocky Removals entitlement to discuss any default by and any information it holds regarding the Storer with the ACP registered on the front of this Agreement;

(j) is solely responsible for determining whether the Space is appropriate and suitable for storing the Storer’s Goods, having specific consideration for the size, nature and condition of the Space and Goods.

In addition to clause 6, Rocky Removals has the right to refuse access to the Space and/ or the Facility where any moneys are owing by the Storer to Rocky Removals.
Rocky Removals will not be liable for any loss or damaged incurred by the Storer resulting from any inability to access the Facility or the Space.
Rocky Removals reserves the right to relocate the Storer to another Space under certain circumstances, including but not limited to unforeseen extraordinary events or redevelopment of the Facility.
Rocky Removals may dispose of the Storer’s Goods in the event that Goods are damaged due to fire or flood or other event that has rendered Goods, in the reasonable opinion of Rocky Removals severely damaged, or dangerous to the Facility, any persons, or other Storers and/or their Goods. Where practicable, Rocky Removals will provide the Storer with reasonable Notice and an opportunity to review the Goods before the Goods are disposed of.
The Storer acknowledges that it has raised with Rocky Removals all queries relevant to its decision to enter this Agreement and that Rocky Removals has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by Rocky Removals, been reduced to writing and incorporated into the terms of this Agreement.

Risk & Responsibility:

The Rocky Removals services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, the Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or re or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.
Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s Goods, the Storer agrees to indemnify and keep indemnified Rocky Removals from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Facility, Rocky Removals or third parties resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.
Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation and others. The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material, which is stored, and the manner in which it is stored. Such liability and responsibility rests with the Storer, and includes any and all costs resulting from such a breach.
If Rocky Removals reasonably believes that the Storer is not complying with any relevant laws Rocky Removals may take any action as it reasonably believes to be necessary, including the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. No failure or delay by Rocky Removals to exercise its rights under this Agreement will operate to waive those rights.

Inspection & Entry by Rocky Removals:

Subject to clause 21 the Storer consents to inspection and entry of the Space by Rocky Removals provided that Rocky Removals gives 14 days’ Notice.
In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the reasonable opinion of Rocky Removals, threatened, Rocky Removals may enter the Space using all necessary force without the consent of the Storer, but Rocky Removals shall thereafter notify the Storer as soon as practicable. The Storer consents to such entry.

Notice:

22.Notice will usually be given by email or SMS, of the Storer. In relation to the giving of Notice by the Storer to Rocky Removals, Notice must be in writing and actually be received to be valid, and Rocky Removals may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by Rocky Removals if Rocky Removals has sent Notice to the last notified address or has sent Notice via any other contact method, including by SMS or email to the Storer or the ACP without any electronic ‘bounce back’ or similar notification. In the event that there is more than one Storer, Notice to or by any single Storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement

Storage Termination:

23.Once the initial paid period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated on the front of this Agreement. In the event of any activities reasonably considered by Rocky Removals to be illegal or environmentally harmful on the part of the Storer Rocky Removals may terminate the Agreement without Notice. Rocky Removals is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of Rocky Removals. In the event that Goods are left in the Space after the Termination Date, clause 8 will apply. The Storer must pay any outstanding Storage Fees and any expenses on default, or any other moneys owed to Rocky Removals up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by Rocky Removals. If Rocky Removals enters the Space for any reason and there are no Goods stored therein, Rocky Removals may terminate the Agreement without giving prior Notice, but Rocky Removals will send Notice to the Storer within 7 days.

The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
Liability for Loss or Damage

Australian Consumer Law. Certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (“Statutory Rights”). Nothing in this Agreement excludes Your Statutory Rights as a consumer under the Australian Consumer Law.
This Agreement in Addition to Australian Consumer Law. You agree that Our Liability for the Service is governed solely by the Australian Consumer Law and this Agreement.
Subject to Your Statutory Rights, We exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to You without warranties, representations and guarantees of any kind.
Beyond Our Control. To the maximum extent permitted by law, neither We will not have Liability for any loss or damage nor any delay which results from any cause beyond Our control, including any loss or damage occurring in the course of the provision of Ancillary Services by Third Party Providers or Services by Third Party Removalists. We will not be liable for loss or damage to the Goods caused or contributed to by You or someone else that We are not responsible for at law.
We will only be liable for any loss or damage to the Goods to the extent to which the loss or damage to the Goods is caused by or contributed to by Our negligence (excluding the negligence of any Third Party Provider or Third Party Removalist).
Exclusions from Liability for Damage to Goods. Despite anything to the contrary and to the maximum extent permitted by law, neither We will not have Liability for the following items:

Standard Packing Services Declined. If Standard Packing Services as per clause “Standard packing services” have been declined, You will be responsible for any loss or damage that occurs to the Goods and/or Your and/or Third Party premises as a result of the Goods being incorrectly or inadequately packed and prepared for transit.

Identified Risks. Where in Our view the existing condition / circumstances of any of the Goods indicate that damage to the Goods might be unavoidable (despite using due care and skill in dealing with the Goods), then before dealing with the Goods We will notify You and list that item in the move documentation. If You instruct or direct Us to move the Goods notwithstanding this listing/notification, and loss or damage is caused to the Goods, then We will not be liable.

Inherent Risk. Certain Goods (including electrical and mechanical appliances, LED lights, printers, scales and computer equipment, scientific instruments, musical instruments, pressed wood and flat packed furniture, plant pots, terracotta, ceramic, porcelain, stone, concrete, marble, granite and glass items) are inherently susceptible to suffer damage or disorder upon removal no matter how carefully they are handled. Neither We will not be liable for any damage caused to such Goods.

Lost, Stolen or Misplaced Goods. If We have not packed the Goods for You, neither We will not be liable for lost, stolen or misplaced Goods. This exclusion of Liability to You does not apply if You instructed Us to undertake an inventory prior to the commencement of transit or storage, and there is evidence that We failed to reasonably secure the Goods whilst they were in Our custody or care. Unknown Risks. Where loss or damage to the Goods arises from conditions or things which are not known to Us and should not have been reasonably known by Us (for example from a defect to either goods or property that is not immediately obvious), then neither We will not be liable for any loss or damage to the Goods caused by the unknown condition.

Unavoidable Risks. Where moving an item (such as pot plant or fish tank) can cause unavoidable damage due to the nature of that item, then neither We will not be liable for any loss or damage to the Goods.

Not Our Packaging/Packing. Where packed goods have not been packed by Us or a Subcontractor, neither We will not be liable. This includes (but is not limited to) contents of cardboard boxes and other containers, as well as items that have been covered by protective (plastic) covers or shrink wrap by You. Our Packing – NOT Our Unpacking. If goods have been (pre-)packed or wrapped by Us, neither We will not be liable if We have not done the unpacking/unwrapping as well.

Our wrapping. We will take off and dispose of the wrap and covers that We applied during the move at the end of the move. Neither We will not be liable for any damages to these items if You decline this service.

Dismantling and Re-Assembly of Goods. Part of the Services may require the dismantling of Goods and their re-assembly. At Your request We may agree (at Our discretion) to dismantle or reassemble the Goods. If We agree to do so, neither We will not accept responsibility for any damage or loss occurring as a result. We do not guarantee reassembly of Goods upon delivery, and will charge You for the time it takes to dismantle or re-assemble any Goods, regardless of non-completion of reassembly.

Plumbing Fixtures. Part of the removal of Goods may require the disconnection of plumbing fixtures (washing machines, dishwashers, fridges etc.) and their reconnection. At Your request We may do so but neither We will not accept responsibility for any damage or loss occurring or resulting. We do not guarantee reconnection and will charge for the time it takes regardless of non-completion.

Electrical Goods. Neither We will not be liable if internal damage to electrical Goods occurs where We have caused no external damage.

Awkward Access. If You request Us to seek to move Goods through Awkward Access conditions, and We choose to seek to move those Goods (notwithstanding Our right under this Agreement to refuse to do so), then neither We will not be liable for any loss or damage to the Goods or to any other property as a result of seeking to move those Goods. You indemnify Us in relation to any such claim by a third party for loss or damage.

Adverse/Wet Weather Conditions. In addition to any other provision of this Agreement regarding unsuitable weather conditions, If We (including removalists on site) deem it safe to continue a move during adverse/wet weather conditions You can decide to wait for all adverse weather to pass or to continue with the move. If You continue with the move in order to reduce chargeable time neither We will not be liable for any damages to Your items or general property (including third party property) as the risk is much higher than usual for damages to occur during adverse/wet weather conditions.

Assistance by Customers. Neither We will not be liable in the event that You or any person associated with You (“Your associate”) assist with any aspect of moving Goods and damage is caused to any Good/s during assistance. Should You or Your associate assist with moving any Goods, You and Your associates do so entirely at Your own risk. You and Your associates do not assist with the move as Our employee, contractor, volunteer or otherwise. At all times You must, ensure that You and Your associates:

(a) never enter the truck, step on the walkway or move items into the truck;

(b) adhere strictly to any instructions given by Us/Our removalists; and (c) not participate in any team/multiple person lifts and stay clear of any hydraulic lifting, loading ramps at all times.

You indemnify Us against any loss or damage which We may become liable for, including damage, death or injury, including loss or damage to Our equipment arising out of assistance provided by You or Your associates.

A maximum of two customers (the same 2) for the entire move are allowed to assist with the move.

Despite anything to the contrary, to the maximum extent permitted by law, You are liable for, and agree to make good and indemnify Us and hold the Indemnified Parties harmless in respect of, any Liability that the Indemnified Parties may suffer, incur or otherwise become liable for, arising from or in connection with:

acts or omissions of You or Your employees, contractors, suppliers, subcontractors, associates or agents; or

any information, documentation, specifications or directions given by You or Y our employees, contractors, suppliers, subcontractors, associates or agents.

Commercial Removals and Storage. If the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (excluding the negligence of any Subcontractor, Third Party Removalist or Third Party Provider), and in any event that Liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this Agreement (whichever is the lesser). We will be liable for: any loss or damage occurring in the course of the provision of Ancillary Services by a Third Party Provider; any loss or damage occurring in the course of the provision of Services by a Third Party Removalist; any loss or damage or any delay which results from any cause beyond Our control; loss or damage resulting from inadequate or improper packing or unpacking unless the Goods damaged or causing damage were both packed and unpacked by Us; loss or damage to jewellery, watches, money or negotiable instruments; or electrical or mechanical derangement to Goods. Under no circumstances will We be responsible for any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
Notification of Loss or Damage. You must report any damage to the Goods or (third party) property before completion. As the existing condition of the Goods are subject to verbal agreement You must inspect all the Goods as they are unloaded and/or relocated and any damage considered to have been caused by Us must be made in writing before we leave the premises. No claims will be accepted for any damage discovered after We have left the move. Any issues or damages claimed after the crew have left the premises will be void as insurance does not take into account claims made ‘after the fact’ meaning that once we leave the premises, we are not liable for damages incurred. If damages are sustained on the job, please note that full payment is still required, we will then provide you with the options of repair or initiating a claim. We will not initiate an insurance claim or provide reasonable compensation if the payment is not made in full.
Repair Damage. If We are liable to do so under this Agreement or by law, We will repair damaged Goods to as near as possible to the condition prior to the damage occurring and these repairs will be arranged by Us, by a qualified and reputable repairer. No responsibility is accepted for any other losses whatsoever including any consequential loss or loss of value as a result of the repairs.
Please note the following definitions:

Accidental Damage – damage to goods moved or scratches & dents to walls of any of the properties involved in the move.

Property & Public Liability Damage – serious property damage beyond scratches & dents or the injury or death of persons resulting from the move.

Please note that the following EXCEPTIONS apply and are not covered under Accidental Damage;

– TV’s not packed in their original box

– Boxes and the contents of boxes not packed by a Rocky Removals packer

– Stone, Granite, composite or similar items

– Pot plants

– Items with internal faults or that are inherently fragile

– Front load washers without transit bolts in place

– Furniture designed to be flat packed or made of pressed wood such as those commonly sold by Ikea, Fantastic Furniture or similar retailers. These items are inherently susceptible to suffer damage or disorder no matter how carefully we move them. We recommend disassembly of such items before moving to reduce risk.

– Any case where the customer refuses our recommendation as to the safest way of moving an item.

With all of the above exceptions, we can still move the items at your own risk and will endeavour to minimise risk by taking relevant precautions such as the use of heavy-duty blankets padding to offer maximum protection.

Option to Compensate. In lieu of repairing Goods, We have the option to compensate You to the value of the damaged Goods prior to the damage occurring, this means what the item would have been worth on the market on the day of the move prior to the damage occurring. Our policy is not a ‘New for Old Policy’ and We cannot take sentimental value into account. Please take this into account when considering if You should take out Your own insurance policy as new for old policies are available to the public. If that value cannot be agreed on between Us and You, it shall be assessed by an independent valuer chosen between Us and You and if We cannot agree, chosen by the president for the time being of the Law Institute of Queensland (or any replacement body). The cost of the valuer shall be borne by the Party whose value differs most from the valuer’s.
Vehicle Damaged. In the event that damage to Goods arises from the transport vehicle being damaged by flood, fire, collision or overturning and We are compensated by Our insurer for the damage to Your Goods, Your compensation will be limited by the amount of Our insurance payment.
Sets. Where an item is part of a pair, set, suite or collection of items, repair or compensation shall extend only to the proportionate part of the pair, set, suite or collection of items, regardless of any special value the damaged or lost part may have as part of such pair, set, suite or collection of items.
This above clause 013 shall survive the expiry or termination of this Agreement.

Liability for Loss or Damage Other than Goods

Because Third Party Providers or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. Therefore, Our Liability is limited as follows:

if We cause loss or damage to premises or property other than Goods for removal as a result of Our negligence or breach of contract, Our Liability shall be limited to making good the damaged area only; and

if We cause damage as a result of moving Goods under Your express instruction, against Our advice, and where moving the Goods in the manner instructed is likely to cause damage, We shall not be liable.

Discount Vouchers and Codes

Only one discount code or voucher can be applied once per service type (e.g., packing, moving or storage). Specifically, only one code can be used for packing, one for cleaning and one for moving. Vouchers and codes can not be used on public holidays.

Staff Abuse

Verbal or threatening behaviour towards Us will not be tolerated and will constitute a material breach of this Agreement. We reserve the right to refuse to or cease providing Our Services at any time in such a circumstance. If We are forced to leave the job and cease providing Services because of verbal or any other abuse from You. You will still be liable to pay for all Services rendered up to the time of cessation (which is subject to the minimum charges set out in this Agreement).

Term and Termination

This Agreement will commence upon Your acceptance of this Agreement in accordance with clause “002. Acceptance of terms and conditions” and will continue until the earlier of the date:

We consider the Services to be complete or supplied to You in accordance with this Agreement;

the move is cancelled in accordance with clause “006. Services We Will Not Perform”;

We cease providing the Services in accordance with clause “016. Staff Abuse”; or

this Agreement is terminated in accordance with this clause “017. Term and Termination”

We may terminate this Agreement by providing You with 5 business days written notice.

On termination or expiry of this Agreement, you agree:

that any amounts You have paid for Services are non-refundable;

to pay Us all amounts due and payable to Us (including for all Services provided by Us or a Subcontractor) up to the date of termination as a debt immediately due and payable.

This clause 017 will survive the termination or expiry of this Agreement.

Intellectual Property

As between the Parties, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of Us (including in connection with this Agreement or the provision of the Services), will at all times vest, or remain vested, in Us, or Our relevant licence holder
You agree that We own, or have the relevant rights to, all Intellectual Property Rights in all Intellectual Property owned, licensed or developed by or on behalf of Us. Nothing in this Agreement constitutes a transfer or assignment of Our Intellectual Property Rights.
Your use of Our materials does not grant You a licence, or act as a right to use, any of the Intellectual Property in Our materials, without Our express written permission.
This clause 018 shall survive the termination or expiry of this Agreement.

Confidential Information

1 Subject to clause – 019.2, You must (and must ensure that your employees and contractors do) keep confidential, and not use or permit any authorised use of, all Confidential Information.
2 Clause – 019.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that You ensure the adviser complies with the terms of clause 019.1.

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 outstanding by Us under the Agreement.
Dispute Resolution. If You and We cannot resolve the dispute between Us, either party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

General

Force Majeure. Neither We will not be liable for any delay or failure to perform Our obligations under this Agreement if such delay is due to any circumstances beyond Our reasonable control (whether known or unknown at the date You accept this Agreement).
This Agreement cannot be varied except as agreed by the Parties in writing. Our consent can only be given by the owner of the business. All variations to this Agreement will be priced as reasonably determined by Us.
Any notice to be given by Us to You may be given personally or by prepaid post addressed to Your address last known to Us, or by electronic mail.
Applicable Law. This Agreement is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Further Assurance. You agree to promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and Your obligations under it.
If and when applicable, GST payable on the Price will be set out in Our invoice. You agree to pay the GST amount at the same time You pay the Price.
Online execution. This Agreement may be executed by means of such third party online document execution service as We nominate, subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
To the extent there is any ambiguity, discrepancy or inconsistency in or between the Terms and Conditions and the Quote, the Terms and Conditions will prevail.
We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
You consent to Us using advertising or publicly announcing that We have undertaken work for You.
By enquiring about our services, you subscribed to Our mailing lists. You may receive promotion emails and other marketing materials from time to time from Us.
You consent to Us providing your details to Third Party Providers, Third Party Removalists and other Moveage referral partners. You consent to be contacted by those entities. We may receive a referral fee from a Third Party Provider, Third Party Removalist or Referral Partner in exchange for Your Contact details and other details about your move and (if applicable) the services you booked with us.
Severance. If any provision (or part of it) under this Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) of this Agreement is valid and enforceable.

Rocky Removals Contact Details:

Phone: 4927 0088

Mobile: 0427 270 088

Address: Pink Lily, Qld, 4702

Email: rockyremovals@outlook.com

Website: www.rockyremovals.com.au