11.1 Terms and conditions:

Doug’s Freight ABN 52 620 157 048

Booking form or acceptance email is an indication to the start of the services which identifies Doug’s Freight as the sole transporter.

Contract means a legal agreement between you and Doug’s Freight for the performance of services and the relevant booking form or email is acceptance of these terms and condition and contract.

Contractor means Doug’s Freight and who is identified as such on the booking form or email.

Goods mean all goods which are the subject of services, including any container, packaging or pallets used in connection.

Dangerous goods means goods which are or may become dangerous, corrosive, explosive, flammable, infectious or capable of attracting pests.

Services indicates to the services undertaken by Doug’s Freight as stated on the booking form or email and may include one or multiple backload services and/or other services.

Website means the Doug’s Freight website located at https://backloadingspecialists.com.au

“You” means the person entering into a contract as the customer and who is identified as such on the booking form or email and each other person that that person is authorized to represent, and “Your” has a corresponding meaning, “Us” or “We” means Doug’s Freight inclusively.

1.2 In these terms and conditions:

(a) The singular includes the plural, and vice versa;

(b) If a word or phrase is defined its other grammatical forms have corresponding meanings;

(c) The word person includes an individual, a body corporate, a firm, an unincorporated body, a society, an association and an authority (including a government authority, department or agency);

(d) A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes and permitted assigns;

(e) The word costs include charges, expenses and legal costs (on a full indemnity basis);

(f) An agreement, by 2 or more persons binds both or all of them jointly and each of them individually;

(g) A reference to a document or an agreement is to that document or agreement as amended or replaced;

(h) A reference to law means statute law, common law and equitable principles;

(i) The meaning of any general language is not restricted by any accompanying example and the words includes, including any such as (or similar phrases) are not words of limitation;

(j) Headings do not affect interpretation.

2.0 You acknowledge and agree that:

(a) By completing a booking form or email of the same prior to the commencement of the services, you:

(1) Enter a contract with Doug’s Freight in your own capacity and as agent for each person you represent (and that each such person is bound by these terms and conditions).

(2) Dougs Freight service is door to door, we deliver inside your house as a coutesy only.

3.0 Provision of information

3.1 We rely on all information which you or any other person representing you provide(s) to us for the purposes of quoting for, and in connection with the performance of, the services. accordingly, you warrant the accuracy and completeness of all such information.

3.2 Prior to us quoting and performing services, you must:

(a) Provide us with a reasonable estimate of the volume of goods to be transported or stored or other services to be performed so that we can determine how to appropriately resource the services;

(b) Notify us (in writing) of any goods which:

(1) Are dangerous goods;

(2) Plant matter

(3) Are inherently fragile, brittle or have been repaired in any way;

(4) Have a value in excess of $1,000; or

(5) Are otherwise of a nature, importance or value (whether financially or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection.

4 Our general rights and discretion’s

4.1 We reserve the right to refuse to perform services:

(a) For any particular person; or

(b) In respect of goods of any particular class, at our sole discretion.

4.2 We are entitled, at our sole discretion, to determine the method, manner, time and route that services will be performed.

4.3 All times which we provide for performing the services are estimates only. While we will use reasonable endeavours to adhere to such times, we are not liable to you for any failure or delay in performing the services (nor is any contract repudiated by any such failure or delay).

4.4 You must ensure that all goods are provided to us in a condition which is suitable for us to perform the services.

4.5 If any information that you supply to us at the time a booking is made is incorrect, inaccurate or incomplete, we may, at our sole discretion, perform services strictly as per our quotation or vary our charges to address any additional or modified services we are requested to perform.

5. Your warranties

5.1 You warrant terms and conditions that:

(a) All goods that will be handled by us as part of the services:

(1) Are owned by you or a person you represent;

(2) Comply with all applicable laws relating to their nature, condition ; and

(3) Do not comprise dangerous goods, unless you have otherwise disclosed this to us in accordance with clause 3.2(b)(1); and

(b) Doug’s Freight is authorised to enter all premises at which services are to be performed by Doug’s Freight. If you do not own those premises you warrant that you have obtained all necessary consents to permit this.

5.2 If, after the commencement of services, we discover that the goods include dangerous goods which you have not disclosed to us in accordance with clause 3.2(b)(1), You:

(a) Authorize us to take any action we deem appropriate, at your expense and without incurring any liability to Dougs Freight, to dispose of, destroy or otherwise deal with those dangerous goods; and

(b) Indemnify us for any other liabilities arising out of, and all costs incurred in connection with, the handling of the dangerous goods.

6. Removal Service

6.1 WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.

6.2 You:

(a) Are responsible for ensuring that:

(1) All Goods are loaded and delivered at such locations and that no Goods are overlooked; and

(2) In the course of performing removal services, no other persons goods are transported in error; and

6.3 If We cannot deliver Goods because:

(a) You or a person who represents you is not present at a delivery location;

(b) We are unable to gain access to the premises at the delivery location; or

(c) For any other reason beyond our reasonable control,

We are entitled, at our sole discretion, to:

(d) Return the goods to their pick-up location, and a return charge will be made to your account;

(e) Store the goods at a place of our choosing, at the full cost to you, within a reasonable proximity to the delivery location; or

(f) Deliver the goods to your address, and charge an additional amount for doing so services (including, in respect of any subsequent re-delivery Services). Any action taken by us under this clause 6.3 will, unless agreed otherwise, be taken to be a full discharge of our obligations with respect to removal services under the contract.

6.4 We may refuse to remove large or cumbersome goods or goods which weigh in excess of 100kgs (such as pianos, safes, commercial or domestic ovens and billiard tables) if you have not notified us of those items at the time of booking. All such items will carry a separate additional charge and any damage which occurs will be at your sole risk.

6.5 If needed or required, we may but are not obliged to:

(a) Dismantle and reassemble goods;

(b) Transport goods out of windows, over balconies, off terraces or using fire or external staircases or steps to premises (including by use of any hired equipment (such as cranes) which we deem necessary or appropriate); or

(c) Either ourselves or using sub-contractors remove and subsequently reinstate any obstructions (such as doors or windows or associated frames), if we consider it is safe to do so. In such circumstances, an additional charge will apply and any damage which occurs will be at your sole risk.

6.6 You must ensure that:

(a) If applicable, loading docks and lifts are made available to us at pick-up and delivery locations for the duration of the period removal services are performed (if possible, on an exclusive basis); and

(b) Our vehicles can gain access to pick-up and delivery locations and that adequate parking is available.

7. Storage Services

7.1 If Goods are stored for in excess of 25 weeks (or any longer period agreed on the booking form), we may change the storage charges from time to time on giving you at least 4 weeks prior written notice.

7.2 You authorize us to transfer stored goods from one place of storage to another without cost to You. We will notify you of the transfer and advise the address of the new storage place not less than 5 days prior to the transfer (except in emergency, when such notice will be given as soon as possible).

7.3 You are entitled, upon giving us reasonable prior notice, to inspect goods in store, but we may apply an additional charge for this service.

7.4 Provided you have paid us for the entire agreed period of storage, You may require that goods be removed from storage at any time, by giving us not less than 7 days prior written notice. If you give us less notice, we will use Our reasonable endeavors to meet your requirements, but shall be entitled to charge an additional amount for the short notice.

7.5 After the agreed period of storage you agree to remove the goods from storage within 4 weeks of a receiving a written notice from us requiring you to do so. If you breach this requirement, we may, upon giving you 2 weeks prior written notice, SELL ALL OR ANY OF THE GOODS by public auction or if that is not reasonably practicable, by private sale, and apply the net proceeds in satisfaction of any amount owing by you to us.

7.6 For any goods in our storage, please be advised that they are not covered under our insurance.

8. Other Services

8.1 Our standard removal services do not include packing or (other than placing items on the floor or some other flat surface) unpacking services. If you require packing or unpacking services you must notify us at the time of booking.

9. Charges and payments

9.1 Our standard rates are available by Doug’s Freight over the phone.

9.2 All services we perform will be charged in 0.1 cubic metre increments, at our standard rates, unless:

(a) We quote a fixed amount for a Service (and the information you have provided to us as the basis for our fixed quote is correct, accurate and complete); or

(b) We agree different rates with you in writing.

(c) All payments are made by Visa, MasterCard or PayPal at the time of booking or by phone communication ,prior to collection of goods

9.3 For backload services:

(a) The charged amount will include the time taken by us to pickup/deliver the goods safely within a 15 minute period ground floor to ground floor and.

(b) The fuel levy specified in the booking applies at Doug’s Freight reasonable discretion.

9.4 Unless we agree otherwise with you in writing, all of our charges (other than in respect of storage services) must be paid at the time of booking of the services via Visa, MasterCard or PayPal. Our charges for storage services must be paid in advance at the time or times specified in the booking form.

9.5 You must pay, or reimburse us for, all third party costs that are incurred in connection with the performance of any services and which these terms and conditions require you to pay or permit us to charge you for.

9.6 You must pay parking costs and (provided we have acted reasonably) parking fines which we incur in connection with the performance of the services.

9.7 Payments of the above must be made by (Master, Visa Credit/Debit card) by you.

9.8 If a date for the performance by us of any services is agreed upon your acceptance of our quotation or subsequently, and you require that date to be varied or the goods are not available on that date, We may charge an additional amount for costs we incur as a result of such variation or unavailability.

9.9 If you and we agree in writing that our charges will be paid by a third party, and if that party does not pay the charges on the date set for payment or, if no date is set for payment, within 7 days of the date of invoice, you agree to pay the charges.

9.10 If an amount is outstanding from you to us for more than 7 days, We may charge interest on that amount from the due date for payment until the amount is paid in full. Interest is calculated at the commonwealth bank maximum business MasterCard interest rate accrued on a daily basis.

9.11 You must make payments to us without set-off, counter claims, conditions, restrictions, withholding or deductions unless required by law.

10. GST

All charges we quote you, or which we are otherwise entitled to charge you, are GST inclusive unless otherwise stated.

11. Lien

11.1 All goods received by us are subject to a general lien for any amounts due to us by you or any person you represent relating to any services provided under these terms and conditions or any other agreement.

11.2 If any amounts due to us have been outstanding for a period of 4 weeks, we may give 4 weeks prior written notice to you of our intention to sell goods which are subject to our general lien. If the outstanding amount is not paid within that further period, We 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 in satisfaction of the amounts due.

11.3 The exercise by us of our rights under this clause 11 will not prejudice or affect any other rights that we have at law to recover the amounts due.

12. Exclusions and limitations of liability

12.1 Nothing in these terms and conditions shall be taken or construed as operating to exclude, restrict or modify any condition or warranty implied by statute (including the trade practices Act 1974 or any equivalent state or territory based legislation) (each a non-excludable condition) if to do so would contravene that statute or cause any part of this clause 12 to be void.

A $100 cancellation fee applies to jobs cancelled within 48 hours of designated pickup date.

13. General

13.1 These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications whether written or oral, in relation to their subject matter.

13.2 If any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if enforce ability in any other jurisdiction or the enforce ability of any other part of these terms and conditions.

13.3 All waivers must be in writing. A single or partial exercise or waiver by a party of right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other night.

13.4 Except as expressly stated otherwise in these terms and conditions, out rights under the these terms and conditions are cumulative and are in addition to any other rights at law.

13.5 We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we elect to do so, you will be informed at least two days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all your post-termination obligations under it.

13.6 These terms and conditions are governed by Doug’s Freight and is to be construed in accordance with the laws applicable in Australia.

13.7 Doug’s Freight does not pickup or deliver up or down flights of stairs or elevators in apartment bulidings

13.8 Doug’s Freight does not travel on unsealed roads due to the nature of the goods which we carry

13.9 All online bookings are attended to and jobs carried out, however we take no responsibility for any unexpected site technical errors or outages. Moreover, as soon as booking forms reach us, we ensure that these are actioned. For peace of mind, call us on 0422993280 to confirm.

14. Extra Charges (the receiving party will be responsible for the following charges)

14.1 All rural or semi rural pickup and or drop-offs will incur a $100 fee for each service.