TERMS OF SERVICE OF THE BURLY BOYS MOVING COMPANY

These terms of service are available to be read on the company website and at the head office.

1. PRELIMINARY

1.1 This contract is made between the BURLY BOYS MOVING COMPANY (Burly Boys) and any of its customers (“the customer”).
1.2 All business undertaken by us, including advice, information, or other services is undertaken upon and subject to these Conditions.
1.3 By engaging with us for our Services the customer agrees to be bound by the following terms and conditions (“Terms of Service”) including those additional terms and conditions and policies referenced herein.
1.4 The Terms of Service outlined herein is binding on all Burly Boy customers.
1.5 Any new Services or tools which may be added to our current services shall also be subject to these Terms of Service.
1.6 We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the customers responsibility to check this page periodically for changes.
1.7 The customer may not use our Services for any illegal or unauthorized purpose nor may they, in the use of our Services, violate any laws in their jurisdiction.
1.8 A breach or violation of any of the Terms will result in an immediate termination of our Services to the customer, and may incur additional costs and/or be followed with legal action.

2. DEFINTION

2.1 Wherein a definition is not provided for in these Terms of Service, the standard English dictionary definition of the term shall apply, unless a governing legislation to these Terms of Service provides a separate definition.
2.2 Throughout the Conditions of the Terms of Service, singular words shall include the plural and vice versa.
2.3 The use of the terms “we”, “us” and “our” refer to Burly Boys.
2.4 The use of the term “you”, “your” and “their” refers to the customer.
2.5 The word “person” shall include corporations.
2.6 Where there is more than one Customer, they shall be bound jointly and severally under these conditions.
2.7 “Agreement” refers to the agreement made between us and the customer for our Services.
2.8 “Booking” means the dated consultation and agreement entered into between us and the customer.
2.9 “Company” refers to the Burly Boys Moving Company.
2.10 “Conditions” refers to the terms of this Contract.
2.11 “Consultation” means the over-the-phone, and/or in person, or via our website, discussion and agreement made between us and the customer for our services.
2.12 “Contract” refers to this Terms of Service agreement.
2.13 “Customer” means any person for whom we have made a proposal to perform services for, and/or a person who has received or is receiving services from us. This includes all persons who are residential, commercial, and/or business
customers dealing, or are in the process of entering a deal with us.
2.14 “Deal” means an agreement or negotiation, whether completed or in the process of being completed, for our Services, made between us and the customer.
2.15 “Delivery” means the transit of Goods from one geographical location to another.
2.16 “Drop-off site” means the agreed upon geographical location for the goods to be left at by our team.
2.17 “Goods” means the Items agreed on by both parties for moving.
2.18 “Items” means the customers goods.
2.19 “Handling” means carrying, packing, unpacking, loading, unloading, and arranging of items to be moved.
2.20 “In writing” means either through text (to the registered company phone number), email (to the registered company email address), or by hand-written notice.
2.21 “Job” means the/a task(s) in which our Services are requested for by the customer.
2.22 “Management/manager” refers to the registered legal owner of this company at the time.
2.23 “Movers” means all persons employed by the Company.
2.24 “Moving” means the Delivery, by vehicle, of the Items contracted upon by both parties.
2.25 “Moving vehicle(s)” means our registered vehicle(s) used for the carriage, delivery and transit of Goods.
2.26 “Pick-up site” means the agreed upon geographical location for the collection of the goods by our team.
2.27 “Quote/Quotation” means our written offer to perform the Services for the estimated price contained in the letter of quotation.
2.28 “Services” means the carriage, Delivery, pick up, loading, unloading, handling, storage, and assessment of the goods, and any other services performed by us in respect of the Goods, and any services ancillary to or connected with any of the above, belongings of the customer, or the Goods and/or belongings authorised by the customer for moving.
2.29 “Team” means the Mover(s) sent to execute the Job.
2.30 “Terms of Service” means the terms and Conditions for our Services outlined in this document.
2.31 “Transport/transportation” means the moving of the items, by way of our moving vehicle(s), from the agreed upon pick up site to the agreed upon drop off site.
2.32 “Work” means any Task(s) undertaken , or to be undertaken, by us for the customer.

3. VARIATION OF CONDITIONS

3.1 These conditions may be altered through mutual consent between us and the customer.
3.2 The consented alterations to these conditions must be in writing and signed and dated by the customer and us.
3.3 The consent for the alterations to this agreement, on behalf of Burly Boys, shall only be given by the Burly Boys manager.

4. CUSTOMER’S RESPONSIBILITY

4.1 Arrange adequate insurance cover for the goods submitted for removal transit, against all insurable risks.
4.2 The company shall not be liable or responsible to arrange any other insurance cover for the customer.
4.3 Obtain at the customer’s own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
4.4 Be present or represented throughout the collection and delivery of the removal.
4.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
4.6 The customer reserves the right to ensure, all the goods which were submitted for removal, are delivered in full to the drop-off site.

(a) The customer shall check the vehicle if they have any doubts.

4.7 Where we provide the customer with inventories, receipts, waybills, job sheets or other relevant documents the customer will ensure that they are signed by the customer or that the customer has an authorized representative to sign for the confirmation of collection or delivery of the Goods.
4.8 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
4.9 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
4.10 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for any contents that may be left inside.
4.11 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
4.12 Provide us with a correct and up to date contact address and telephone number during removal transit of goods.
4.13 Ensure that items will fit in the new premises.

(a) Our removalists will not be insured to remove doors or windows in such cases and will be required to drop-off the items outside the premises.
(b) It is the customer’s responsibility to organize a specialist if needed.

4.14 It is the customer’s responsibility to inform us about any unusual access.

(a) Unusual access can include, but is not limited to:

(i) no vehicle access
(ii) no parking available in close proximity to the property and cramped stair and hallway conditions.

(b) We reserve the right to add extra costs due to unforeseen circumstances. This can include, but is not limited to:

(i) waiting for keys
(ii) gaining entry
(iii) incorrect addresses

4.15 Providing parking for our team to successfully execute the job.

(a) The customer must provide a permit from the local council
(i) if this is not possible, the customer must inform us immediately, detailed in metres for the distance, and advise us of the nearest legal parking to the pick-up and/or drop-off site.

(ii) This may incur more costs.

4.16 If there is no parking pre -arranged any parking fines received will be the responsibility of the customer and must be paid by the customer on completion.

(a) We will not park illegally; and
(b) the driver may have to leave if legal parking is not provided.

4.17 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

5. OWNERSHIP OF THE GOODS

5.1 The customer declares that the goods to be removed are their own property, or that the goods are their own property free of any legal charge; or
5.2 The customer has the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and the customer has made the owner fully aware of these terms and conditions prior to entering into this contract and that the owner has agreed to them.

6. PAYMENT AND COST

6.1 All residential and non-credit account moves are payment on completion of service unless pre-arranged with management.
6.2 The customer shall pay a $50 non-refundable deposit within 7 days of the booking to our company bank account, or in cash directly to management.
6.3 The non-refundable deposit shall be applicable towards the service price.
6.4 If the agreement for the job fails to close for any reason other than by fault of Burly Boys, such as failing to attend the job without notice to the customer, the non-refundable deposit shall remain the property of Burly Boys.
6.5 Failure to make this $50 non-refundable deposit within 14 days of the booking, entitles us to refuse service to the customer without notice of cancellation.
6.6 Our cost estimates will be our estimated costs based on the information provided by the customer and believed by us to be correct at the time of the agreement.
6.7 Our estimates may be subject to change on completion depending on the actual service performed by us. This may
include required additional labour, weight or access conditions differing from the information provided to us.
6.8 The final invoice will include additional costs, if applicable. These additional costs may be due to taxes, duties, parking (if paid by us), tolls and any additional cost incurred by us.
6.9 The customer agrees that payment is expected at conclusion of our services unless prior written/emailed/texted arrangements with management has been made.
6.10 Payment may also be demanded by us in advance, or part advanced and part on the completion of our services.
6.11 The final payment may include a 3.5% surcharge if payment is made through credit cards.
6.12 If payment is not received in full within 30 days of completion of the service, we are entitled to recover the money owed to us by the customer as a debt.
6.13 We are entitled to charge a late payment surcharge on the balance at a rate of 15% per 30 days over the balance amount.
6.14 We are entitled to all collections costs incurred by us which can include court costs, debt collection costs and legal expenses
costs.

7. MODIFICATION TO THE SERVICES AND PRICES

7.1 This information applies to all residential, commercial, and business customers dealing with Burly Boys.
7.2 Where price estimates are provided based on information given by the customer, we reserve the right to alter prices as a result of inaccurate information. This includes the dimensions, weight, number of items or delivery access conditions.
7.3 Additional charges may also be incurred for address redirection, additional labour required, storage, waiting time, services not requested and packing materials.
7.4 If items are to be delivered to a building then they are to be delivered to the ground floor or to the first floor if there is unrestricted access to the ground floor. Otherwise, an extra charge may be incurred for the customer.
7.5 Any items that cannot be safely lifted or carried by just two people MUST be disclosed and inspected by our movers.
7.6 The weight limit of an item, for two of our movers, is 100 kilo grams.
7.7 Additional resources/movers may be required for heavier items, this will incur an additional charge.
7.8 If the customer is unsure of any details pertaining to the items, the customer shall contact us for an assessment of the items before finalizing the booking.
7.9 We reserve the right to refuse service to any person for any reason at any time, if we believe it fit.

8. INSURANCE AND INSURANCE COVER

8.1 Insurance is not included for Household Goods and Personal Effects. Our prices do not include insurance cover.
8.2 Our transport delivery service is carried at the Owner’s (Customer’s) risk with no insurance.
8.3 As defined by The Contract and Commercial Law Act 2017 “All goods are carried at the owner’s risk. This means that we will pay no compensation if the goods are lost or damaged, unless we intentionally lose or damage them.”
8.4 We limit our liability for any loss and damage for certain factors which are beyond our control. We recommend that the customer arrange the insurance to cover their goods or premises.
8.5 We are able to arrange insurance for the customer’s benefit upon request.

(a) This insurance will be separate from this contract and subject to the terms and conditions of the policy.

8.6 While every care is taken when transporting private items and goods, accidents can and may happen. For this reason we advise that customers contact their Home and Contents insurance provider. It is advised to ask for specific Transit Cover for the duration of the move. Most home and contents policies do not specifically cover goods in transit as part of a private move. Although transit insurance cover could be included if organised. Alternatively, we can arrange for NZI Transit Insurance on the customers behalf through our insurance broker.
8.7 If the customer does not wish to take out their own insurance, the customer is acknowledging and accepting that they are using our services “At Owner’s risk” as defined by The Contract and Commercial Law Act 2017.

9. CARRIER’S LIABILITY AND INSURANCE

9.1 Items carried by us are protected by Carriers Liability Insurance pursuant to the carriage of The Contract and Commercial Law Act
2017.
9.2 However, customers should be aware of the following;

(a) Household and Office moves are not covered and are provided at Owners Risk.
(b) If damage or loss does occur, our insurer will manage claims accordingly. All claims will be forwarded onto our insurance broker, with applicable supporting documentation and application form.
(c) Any claim must strictly be lodged in writing within 24 hours of the occurrence of damage or loss. Claims submitted outside this time will not be accepted.
(d) There is no liability for damage if the goods have pre-existing damage, inherent damage/vice or where the damage has resulted from insufficient packaging
(e) There will be no liability for third party damage – i.e.; in the event of an accident where the other party is found at fault, the carrier will not be liable for goods damaged in transit. In this case the customer must claim directly off the insurance company of the other party.
(f) If damage or loss does occur, our insurer will manage claims accordingly. All claims will be forwarded onto our insurance broker, with applicable supporting documentation and application form.
(g) Any claim must strictly be lodged in writing within 24 hours of the occurrence of damage or loss. Claims submitted outside this time will not be accepted.
(h) There is no liability for damage if the goods have pre-existing damage, inherent damage/vice or where the damage has resulted from insufficient packaging
(i) There will be no liability for third party damage – i.e.; in the event of an accident where the other party is found at fault, the carrier will not be liable for goods damaged in transit. In this case the customer must claim directly off the insurance company of the other party.
(j) In accordance with The Contract and Commercial Law Act 2017. The customers claim will only be processed once complete payment of the move has been received and acknowledged.
(k) Any damage to the goods during loading or unloading, must be reported before the completion of the job. As the existing condition of the Goods are subject to verbal agreement, the customer must inspect all the goods as they are unloaded and/or relocated.
(l) Any damage considered to have been caused by us during loading or unloading must be listed on the front of moving document. No report with regards to the damage will be accepted after we have left
the move or where you or a person with your agreement participates in the move. We are not liable for any damage that occurs during transit of goods or not caused by us.
(m) If we are told about any damage at the end of the move and if the damage is caused while loading or unloading of goods due to our negligence, then we will confer with you the options of:

(i) Repairing the damage to as close as possible to its condition prior to the damage occurring and these repairs will be arranged by the customer.
OR
(ii) The company shall be liable to pay the actual cost of repairs or $200 New Zealand dollars, whichever is less. In case of compensation, the company shall pay the existing value of goods before damage or $200 New Zealand dollars, whichever is less.

(n) Vehicle Damage. In the event that damage to goods arises from the transport vehicle being damaged by flood, fire, and collision or overturning and we are compensated by our insurer for the damage to the customers Goods, the customer will be compensated but only to the extent we are paid compensation by our insurer for the customers Goods.
(o) In case insurance company does not compensate the company for the damaged goods, then the company shall not be liable for any loss and the customer cannot claim any compensation or damages from the company for such loss.
(p) If we cause damage as a result of moving goods under the customers expressed instructions, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable for any loss or damage whatsoever.

10. OTHER LIABILITIES AND LIMITATIONS

10.1 All work carried out at either the pick-up or drop-off site will be carried out at “Owners Risk” as defined in the Contract and Commercial Law Act 2017 refer to section 241.
10.2 All work is carried out on a “best – effort” basis. We hold no liability for personal or business losses arising from delays, such as delays outside our control, either directly or indirectly.
10.3 Any damage caused by vehicles to lawns, driveways, footpaths, underground pipes, cables, sewerage and other underground installations is not covered.
10.4 Should our movers be instructed by the property occupier, move initiator, consignor, consignee or Shipper, or any person acting on their behalf to drive, park or manoeuvre vehicles in or near an area where such damage is likely to occur, compliance with such instructions will not in any way involve the Company or its Insurers in responsibility for any subsequent damage which may be sustained. Such responsibility will rest solely in the hands of the Owner, Consignor, Consignee, Shipper or initiator.

11. GOODS/ITEMS NOT PERMITTED FOR REMOVAL

11.1 Unless previously agreed upon, in writing/email, by management and the customer, the following goods must not be submitted for removal and in no circumstances whatsoever be moved by our team in our vehicles.
11.2 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
11.3 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
11.4 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.5 Perishable items and/or those requiring a controlled environment.
11.6 Any animals, birds, fish, reptiles or plants.
11.7 Goods which require special license or government permission for export or import.
11.8 We shall notify the customer as soon as practicable if any of the Goods, are in our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such goods or whether we refuse to accept them.
11.9 Should we refuse to accept the goods we will have no liability to the customer.

12. GOODS/ITEMS NOT PERMITTED FOR TRANSPORTATION

12.1 For the safety of our team, the customer’s items, and our equipment, certain items will NOT be accepted for transportation by us.
12.2 We reserve the right to reject any item/s or goods.
12.3 We will ascertain if any personal items or commercial goods are not safe to transport or are insufficiently packaged that may cause potential damage to either the item being moved, other items, or the transport vehicle and/or team.
12.4 The following things will NOT be permitted for transportation upon our vehicles or by our movers:

(a) No pets and live animals.
(b) No flammable substances such as petrol/LPG cylinders.
(c) No dangerous or hazardous goods including paint and automotive batteries.
(d) No engines or unpackaged car parts.
(e) No perishable goods or frozen food items.
(f) No valuables like currency, bullion, jewellery, passports, vouchers.

13. WORK NOT INCLUDED IN THE QUOTATION

13.1 Our movers carry standard tools only if requested at the time of booking therefore, unless it has been agreed upon by
management and the customer, We will not:

(a) Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
(b) Take up or lay fitted floor coverings.
(c) Move items from a loft, unless properly lit and floored and safe access is provided.
(d) Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.

14. TERMINATION

14.1 We reserve the right to terminate ANY job for, but not limited to, the following reasons:

(a) If there is misleading information provided at the time of booking/quote by the customer.
(b) If movers are not comfortable to perform the job due to unacceptable behaviour of the customer.
(c) If the work environment is not safe to perform the job.
(d) If there are any other health and/or safety issues.

15. MISCELLANEOUS

15.1 The terms and conditions as set out on this document shall prevail over the terms and conditions in any other document purported to have a contractual effect used by the customer, the owner of the goods, or any other persons having an interest in the goods. However, where the provisions of the Consumer Guarantees Act 1993 apply, these conditions will be subject to the provisions of that Act.

16. GOVERNING LAW

16.1 All disputes arising under these conditions shall be submitted to arbitration and shall only be governed by New Zealand laws.
16.2 These conditions shall in no way vary the Burly Boy’s rights under any statutory exception, exemption, limitation, or other protection.
16.3 These conditions shall be interpreted according to the laws of New Zealand and the parties hereby submit to the exclusive jurisdiction of New Zealand courts.

17. ENTIRE AGREEMENT

17.1 The terms and conditions set out in this document constitute the entire agreement between the parties and supersedes and extinguishes all and any earlier negotiations, representations, understandings and agreements; whether oral or in writing, between the parties.

Our contact information is posted below:
Company name: Burly Boys Moving Company
Email: info@burlyboysmoving.co.nz
Address: Gowing Drive, Meadowbank, Auckland 1072
Mobile number: 0224258048
NZBN: 9429051293116