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Relocation Terms and Conditions

Relocation Terms and Conditions

1. Kookaburra is not a common carrier and accepts no liability as such. The carriage, handling, storage and transportation (collectively “Carriage”) of all containers, equipment, materials and goods (collectively “Goods”) by or on behalf of Kookaburra is subject to these terms and conditions.

2. The party for whose benefit Kookaburra performs the Carriage including any agent of that party (“Customer”) must pack, label and secure the Goods to comply with all applicable transport regulations, so that they will not shift during Carriage and so as to withstand the ordinary risks of Carriage having regard to the nature of the Goods.

3. Subject to clause 8, Kookaburra excludes all terms, conditions and warranties implied by statute, general law or custom.

4. Kookaburra excludes all liability to the Customer for acts or omissions of Kookaburra in tort (including negligence), contract, bailment or otherwise for loss of, damage to or deterioration or contamination of the Goods, or any delay, non-delivery, incorrect delivery, or other failure to supply the Goods or arising out of the Goods.

5. Subject to clause 8, the Customer releases and discharges Kookaburra and its employees, agents, or subcontractors from, and must not seek to hold any of them responsible for, all actions, suits, causes of actions, liabilities, losses, damages, expenses, costs, claims and demands whatsoever, whether at law, in equity or the provisions of statute, arising out of or in connection with the Carriage, any loss of or damage to, or caused by, the Goods, any delay in delivery, incorrect delivery or the non-delivery of the Goods, any act or omission by Kookaburra, or any breach by Kookaburra of these terms and conditions.

6. The Customer must indemnify and hold harmless Kookaburra from and against all and any costs, expenses, claims, demands, liabilities, causes of action, proceedings, judgments, fines and penalties in respect of damage to or loss of property, and injury to or disease or death of any person, in any way caused by or contributed to by the Customer or by the Goods.

7. Kookaburra is not liable for any indirect, economic, special or consequential loss or damage of any nature, including, without limitation, any loss of business or revenue, loss of profits, loss of opportunity, loss of goodwill, anticipated savings or expenses in connection with or arising out of the Carriage, even if Kookaburra knows they are possible or otherwise foreseeable.

8. Notwithstanding anything herein contained, these terms and conditions are subject to all provisions of the Australian Consumer Law, which will have overriding effect.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9. If in connection with the Carriage the Customer or its employees, agents or subcontractors enter sites controlled or owned by Kookaburra or third parties, such entry will be at the Customer’s sole risk and liability, and the Customer must do all things reasonably required to minimise any disruption to Kookaburra or the third parties (as the case may be) caused by such entry on those sites.

10. The Customer will be liable for and must pay any duty, tax, impost or outlay of any nature whatsoever in connection with the Goods and the provision of the Carriage and indemnifies Kookaburra in respect of those duties, taxes, imposts and outlays. The Customer must pay any such duty, tax, impost or outlay as soon as it becomes due or immediately on demand by Kookaburra, whichever occurs first.

11. To the extent permitted by law, if a condition or guarantee is implied into these terms and conditions under Schedule 2, Part 3.2 of the Competition and Consumer Act 2010 (Cth) or by any other law, Kookaburra’s liability is limited to the lesser of:

a. Kookaburra undertaking the Carriage again; and
b. the cost of having the Carriage supplied again.

12. The provisions governing all Carriage by Kookaburra are subject to force majeure. Force majeure includes but is not limited to an act of God, strike, lockout, act of public enemy, war, blockade, act of terrorism, revolution, riot, insurrection, civil commotion, lightning, fire, storms, flood, explosion, act of State, government restraints and restrictions, embargoes, availability or equipment, plant, goods and the like, or any other cause, all such events not being reasonably within the control of Kookaburra.

13. Kookaburra may in its absolute discretion subcontract any part or the whole of any Carriage to any party. Without prejudice to any rights of Kookaburra, any subcontractor or agent engaged by Kookaburra is entitled to the benefit of these terms and conditions, including all rights and exclusions and limitations of liability.

14. Kookaburra gives no warranty as to the time or date of the departure or arrival of Kookaburra or its agent’s or subcontractor’s vehicles or the Goods.

15. Carriage commences when the Goods are accepted by Kookaburra, its agents or subcontractors for transport and is completed when the Goods are delivered as agreed.

16. The route taken by any vehicles of Kookaburra, its agents or subcontractors, the manner of Carriage and the selection or use of any plant or storage facility is at the sole discretion of Kookaburra, its agents or subcontractors.

17. The Customer warrants to Kookaburra that:
-it has in place prior to the Carriage, adequate insurance coverage over the Goods for the Carriage of the Goods (including transit insurance and insurance for third property damage, injury or death) with a reputable insurer, and acknowledges and agrees that Kookaburra, its agents or subcontractors do not take responsibility for such insurance;

-it has fully and adequately described the Goods, their nature, weight and measurements and complied with all applicable laws and regulations (inclusive of the Australian Code of Transport of Dangerous Goods by Road and Rail) about the notification, classification, description labelling, transport and packaging of the Goods and that, given their nature, the Goods are packed in a proper way to withstand the ordinary risks of transport;

-it is either the owner or the authorised agent of the owner of the Goods and has full power and authority to deal with the Goods; and

-it is authorised to accept these terms and conditions for itself and the receiver as well as any other person for whom the Customer is acting or any other person having an interest in the Goods.

18. Kookaburra has a particular and general lien on the Goods and any documents relating thereto and on any other goods of the Customer which are in, or may come into, the possession of Kookaburra or any documents relating thereto for all sums payable by the Customer to Kookaburra. Where the debt remains unsatisfied for a period of 7 (seven) days from the date which Kookaburra gives notice of the exercise of lien to the Customer (or owner), Kookaburra will have the right to sell any such Goods or goods or documents by public auction or private treaty without further notice to the Customer, without being liable to any person for any loss or damage thereby caused. Kookaburra may apply any proceeds realised from such sale toward satisfaction of any funds owing and all proper charges and expenses in relation to the exercise of the lien and the sale of the Goods or goods. Kookaburra will remit any surplus proceeds to the Customer.

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