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Terms and Conditions

Terms & Conditions of Service

Man with Ute is a budget removal company. The customer agrees and accepts that they have read the Insurance disclaimer (Terms & Conditions) of Man with Ute and that they accept full responsibility for any loss incurred and indemnify Man with Ute against any claim. We do not cover accidental damage and recommend Associated Marine for protection of your furniture on 1800 009 796. Job times are not guaranteed and may vary. All variations by the customer are charged as extras. Travel time to pickup and a back to base charge may apply in some cases. Disbursements and additional services are not included in quote and will be charged as extras.  Your verbal or written confirmation or booking of our services implies that you have read and understood our Terms and Conditions. E&OE


Sub-contracts and Sub-contractors

1. The Carrier is authorised (if it should think fit to do so) to sub-contract the whole or any part of the Carriage and such authorisation extends to any Sub-contractor.

2. Any clause herein excluding or limiting the liability of the Carrier or providing any right or exemption from liability to the Carrier shall also be available and shall extend to protect all Sub-contractors and every servant or agent of the Carrier and of any Sub-contractor.

3. Without limiting the effect of any other clause herein, the Consignor or any other person or persons owning or having any interest in the Goods or any part thereof shall not be entitled to make any claim against any person other than the Carrier by whom the Carriage or any part thereof is undertaken, or any servant or agent of any such person or of the Carrier, in relation to the Goods or arising out of the Carriage. Nevertheless, should any such claim be made the Consignor shall indemnify the Carrier and any such person or servant or agent against the consequences of any such claim as may be made by any party other than the Consignor.

4. For purposes of sub-clauses 2 and 3 the Carrier is, or shall be deemed to be, acting as agent or trustee on behalf of each of the persons to whom the benefits thereof are extended and each of such persons shall to this extent be or be deemed to be parties to this contract.

Right to Hold Goods [Lien]

For all removal work undertaken payment is due immediately. Man with Ute shall have the right to withhold all or some of the goods until all fees and charges are paid. Should payment not be received, We may SELL ANY OR ALL OF THE GOODS by public auction or, if that is not reasonably practicable, by private sale and apply the net proceeds of the sale in satisfaction of the amounts due. Whilst the goods are held, without payment, you will be liable for all storage charges and other costs incurred as a result of us withholding your goods and these terms and conditions shall continue to apply.

Cancellation Policy

Any cancellation will involve forfeiture of security deposit.     
 

Not a Common Carrier

MAN WITH UTE IS NOT A COMMON CARRIER and accepts no liability as such, and it is agreed that the Carrier shall not be liable to be sued as, or as if it had undertaken the liability of, a common carrier. The Carrier reserves the right to refuse the Carriage of goods for any person and the Carriage of any goods or classes of goods at its discretion.
The Carriage of any goods by the Carrier is performed by the Carrier upon and subject to these conditions only.

Governing Law
 
This agreement shall be governed by the laws in force in the state of Queensland. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.
 
Consent to Jurisdiction - Venue.
 
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by Man with Ute.