Highrate Transport Pty Ltd (ACN 695 531 867, ABN 89 695 531 867)
Terms and Conditions

1. Definitions and interpretation

1. Booking Confirmation means the written confirmation (including SMS, email, portal confirmation, or invoice) that sets out the job details and pricing.
2. Goods means all items to be moved/handled, including packaging, cartons, and containers.
3. Services means transport, removals, pickup and delivery, loading and unloading, and any other services described in the Booking Confirmation.
4. Dangerous Goods means goods that are or may become dangerous, corrosive, explosive, flammable, noxious, infectious, perishable, or otherwise hazardous, or capable of attracting pests or vermin.
5. Headings are for convenience only and do not affect interpretation.
6. Where a law implies a guarantee or right that cannot be excluded, these Terms do not exclude it.

2. Formation of contract

1. A contract is formed when you accept our quote or we accept your booking request (including by confirming the booking, accepting a deposit, or commencing Services).
2. You confirm you have authority to enter this contract for yourself and for any other owner of the Goods (if applicable).
3. If there is any inconsistency between these Terms and the Booking Confirmation, the Booking Confirmation prevails to the extent of the inconsistency.

3. Australia-wide application

1. These Terms apply to Services performed anywhere in Australia.
2. If Services are performed outside New South Wales, any mandatory laws of the state or territory where Services are performed will apply to the extent they cannot be excluded. The remainder of these Terms continues to apply.

4. Quotes, estimates and changes

1. Quotes and estimates are based on the information you provide. You warrant that all information you provide is accurate and complete.
2. Any time or arrival window provided is an estimate only. We are not liable for delays caused by traffic, weather, access issues, previous jobs running over, breakdowns, accidents, or events beyond our reasonable control.
3. If the job requirements change (including volume, access, stairs, walking distance, additional items, additional stops, re-attempts, or waiting time), we may adjust charges to reflect the additional work and time.
4. We may refuse to transport particular Goods, or refuse to perform Services, where we reasonably consider it unsafe, unlawful, or impractical.

5. Subcontractors and third-party providers

1. Consent to use subcontractors
2. You consent to us engaging subcontractors, contractors, owner-drivers, or other third-party service providers to perform some or all of the Services.
3. Where a third party is the service provider (direct contract)
4. In some cases, Highrate may arrange the Services as a booking and administration provider only. Where this applies, the third-party provider will be identified in the Booking Confirmation and/or tax invoice as the service provider (or principal contractor).
5. Where a third-party provider is identified as the service provider, you acknowledge and agree that:
   1. your contract for the performance of the Services is with that third-party provider, not with Highrate (to the extent permitted by law);
   2. any claim relating to the performance of the Services (including loss, damage, delay, or conduct on site) must be made directly against that third-party provider; and
   3. to the maximum extent permitted by law, you release and hold Highrate harmless from liability arising from the acts or omissions of that third-party provider in performing the Services.
6. Where Highrate is the service provider
7. If Highrate is not acting as booking and administration provider only, then Highrate is the service provider and remains responsible for the Services we agree to provide, including where we engage subcontractors to assist us.
8. Legal limits
9. Nothing in this clause (or these Terms) excludes or limits your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.
10. Indemnity
11. To the maximum extent permitted by law, you indemnify Highrate for any loss, claim, damage, cost, or expense Highrate suffers as a result of your breach of these Terms, or as a result of claims caused by:
    1. inaccurate information you provide;
    2. Dangerous Goods or prohibited items you provide or fail to disclose;
    3. your packing, disassembly, or reassembly (where not performed by us);
    4. your failure to secure access, lifts, parking, loading zones, or permits; or
    5. your instructions that increase risk (including requiring Goods to be moved via balconies, windows, or unsafe access) where we agree to proceed at your request.

6. Customer responsibilities

1. You must ensure a responsible adult (authorised by you) is present at pickup and delivery to give instructions, confirm placement, and sign off where requested.
2. You must ensure we can access the pickup and delivery locations, including suitable parking, lawful loading zones, and access to lifts or loading docks (where required).
3. You are responsible for:
   1. permits, building bookings, lift reservations, strata approvals, and loading bay access;
   2. protecting floors, walls, and surfaces if you require protection beyond reasonable care (including covering delicate floors);
   3. ensuring Goods are suitably packed for transport unless you have separately contracted us to pack;
   4. disconnecting and reconnecting appliances, plumbing, and electrical items unless agreed in writing;
   5. securing pets, children, and any hazards at the premises.
4. Parking fines, tolls, and reasonable parking costs incurred in performing the Services are payable by you.

7. Prohibited and high-risk items

1. You must not provide Dangerous Goods without our prior written approval.
2. You must not include illegal items, firearms, ammunition, explosives, or contraband.
3. Unless agreed in writing, we do not transport cash, jewellery, precious metals, valuable documents, keys, passports, medicines, or irreplaceable items. You should move these personally.
4. You must disclose items of high value or special sensitivity before booking. If you do not disclose these items, we may refuse to move them or limit liability to the extent permitted by law.

8. Access issues, delays and waiting time

1. If we cannot access the pickup or delivery address at arrival (including due to no one being present, no lift booking, no parking, building restrictions, keys not available, or incorrect address details), waiting time and additional costs may apply.
2. If we are required to return, re-attempt delivery, store Goods temporarily, or divert due to access issues, you must pay our additional charges and any third-party costs.

9. Pricing, time charging and payment

1. Charges are as set out in the Booking Confirmation. If the Booking Confirmation states hourly pricing, time is charged in increments stated in the Booking Confirmation (or if not stated, in reasonable increments), and may include travel time and return time as stated in the Booking Confirmation.
2. Any minimum charge, call-out fee, fuel levy, stair fees, long-walk fees, or special handling fees stated in the Booking Confirmation apply.
3. Unless agreed otherwise in writing, payment is due as stated in the Booking Confirmation and must be paid before completion of the job (or earlier if required for interstate or long-distance work).
4. If a deposit is required, the booking is not confirmed until the deposit is paid.
5. If you request additional services on the day, you authorise us to charge additional amounts consistent with our rates or a reasonable additional charge.
6. If payment is not made when due, we may:
   1. stop work and retain possession of Goods (where lawful) until payment is made; and
   2. recover reasonable debt recovery costs, including collection agency costs and legal costs on a solicitor-client basis, to the extent permitted by law.

10. Cancellations and rescheduling

1. Cancellation and rescheduling terms are as stated in the Booking Confirmation. If not stated, a reasonable cancellation fee may apply to cover committed labour, vehicle allocation, and scheduling costs.
2. If you cancel within a short period before the job (including on the day), you may forfeit the deposit and/or be charged a minimum call-out or minimum hours as reasonably required to cover our loss.

11. GST

1. Unless expressly stated otherwise, prices are GST inclusive or exclusive as shown in the Booking Confirmation. If GST applies, you must pay the GST component.

12. Insurance

1. You are responsible for arranging insurance for your Goods. If an insurance option is offered in the Booking Confirmation, it applies only if selected and paid as required.
2. Any insurance offered is subject to the insurer’s terms, conditions, exclusions, and claim requirements. You must comply with those requirements (including timeframes and evidence).

13. Condition of Goods, pre-existing damage and evidence

1. The Business is not responsible for pre-existing damage, defects, deterioration, or normal wear and tear (including scratches, scuffs, dents, chips, loose joints, weakened fixings, or internal faults) that existed before the Business handled the Goods.
2. You must, before loading begins, identify any pre-existing damage, fragile items, or items in poor condition. Where reasonably practical, we may note observed damage or refuse to move items that present an unacceptable risk.
3. You acknowledge many items (particularly used furniture, flat-pack and chipboard furniture, and appliances) can have inherent weaknesses or pre-existing issues not visible by ordinary inspection. We are not liable for damage arising from those inherent conditions, except to the extent caused by a lack of due care and skill by the service provider.
4. For any claim, you must provide reasonable evidence of the alleged loss or damage, which may include clear photographs or video, timestamps, and a description of the item and the damage. You should photograph high-value or fragile items before the move and at delivery to assist in verifying condition.
5. If you cannot provide reasonable evidence that the damage was caused during the Services (as opposed to pre-existing damage, inherent defect, or inadequate packing by you), the service provider may decline the claim to the extent permitted by law.
6. Nothing in this clause limits your rights under the Australian Consumer Law.

14. Claims process and time limits

1. You must inspect Goods at delivery (or as soon as reasonably practical) and notify us of any alleged loss or damage within a reasonable time, and in any event within 24 hours of delivery where reasonably possible.
2. You must not dispose of packaging or undertake repairs before giving us a reasonable opportunity to inspect the item(s), unless required for safety reasons.
3. Claims must include sufficient detail to identify the job, the item(s), the nature of the damage, and supporting evidence.

15. Limitation of liability and Australian Consumer Law

1. Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law or any other non-excludable right.
2. To the maximum extent permitted by law, we are not liable for:
   1. indirect or consequential loss (including loss of profit, loss of business opportunity, loss of data, or loss of use);
   2. loss or damage caused by events beyond our reasonable control (including traffic delays, weather, accidents, road closures, breakdowns, strikes, or access restrictions);
   3. damage caused by inadequate packing performed by you or your agents;
   4. electrical or mechanical malfunction of appliances that occurs without external physical damage caused by lack of due care;
   5. cosmetic marks consistent with normal handling and transport where reasonable care has been taken, noting this does not limit any non-excludable rights.
3. Where the Australian Consumer Law permits, our liability for a breach of a consumer guarantee in relation to services is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

16. Lien, non-payment and uncollected goods

1. To the maximum extent permitted by law, we may exercise a lien over Goods in our possession for unpaid charges relating to the Services.
2. If Goods are not collected or cannot be delivered due to your breach (including failure to provide access or payment), storage and redelivery fees may apply.
3. Where Goods remain uncollected, we may deal with them in accordance with applicable uncollected goods laws in the relevant state or territory (including notice requirements and permitted sale or disposal), and apply proceeds toward amounts owed (less reasonable costs).

17. Privacy

1. We may collect and use personal information to provide Services, administer bookings, process payments, and manage claims and disputes.
2. We will take reasonable steps to handle personal information in accordance with applicable Australian privacy requirements.

18. Dispute resolution

1. If a dispute arises, the parties will first attempt to resolve it in good faith by discussion.
2. If not resolved within a reasonable time, either party may pursue available remedies. Nothing in this clause limits rights under the Australian Consumer Law.

19. Governing law

1. These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

20. General

1. If any provision is illegal or unenforceable, it will be severed to the extent necessary and the remainder will continue in force.
2. We may update these Terms from time to time. The version provided with your Booking Confirmation (or available at the time of booking) applies to that booking unless otherwise agreed in writing.
3. A waiver must be in writing. A failure to enforce a right is not a waiver.

End of Terms and Conditions