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Terms & Conditions of Service

1              INTRODUCTION

1.1        Thank you for your interest in U Pack It’s services. We ask that you take the time to read these provisions before accepting any quotation from U Pack It. You should pay particular attention to clauses 3.5, 4.2, 6, 7 and 9.

1.2        We welcome your feedback and request for clarification on any matter relating to the following. Please direct all requests for clarification to [email protected] Clarification on any matter must not be treated as legal advice.

2              QUOTATION, AGREEMENT

2.1        All representations of U Pack It’s fee for services are not applicable unless such representations are confirmed by a quotation.

2.2        The quotation is offered on the basis of information provided by you and is valid for 30 days from the date of the quotation. The quotation is offered subject to these terms and conditions.

2.3        The quotation and these terms and conditions, once accepted by you, collectively constitute a conditional agreement between you and U Pack It for the provision of services to you by U Pack It. If more than one quotation has been supplied to you, for the purposes of your agreement with U Pack It, only the quotation accepted by you shall apply.

2.4        The agreement referred in clause 2.3 is conditional on U Pack It having provided you with a booking confirmation. 

2.5        You agree that U Pack It is not a common carrier and that U Pack It has offered its services by agreement with you. The quotation, these terms and conditions and the booking confirmation set out the entire agreement between you and U Pack It. Neither you nor U Pack It shall be bound by any representation relating to the services which is not recorded in, or which is inconsistent with the quotation, these terms and conditions or the booking confirmation.

3              SERVICES

3.1        As part of its services, U Pack It will:

(a)        provide you with container hire for 4 weeks commencing on the commencement date for the transportation and storage of goods;

(b)        drop off an empty container at the collection location at the time specified in the booking confirmation;

(c)        pick-up the container with goods at the collection location at the time specified in the booking confirmation;

(d)        deliver the container with goods to the delivery location at the time specified in the booking confirmation, or if you temporarily are unable to provide a delivery location, to the storage location specified in the booking confirmation for storage before delivering the container with goods to the delivery location;

(e)        pick-up the empty container at the collection location at the time specified in the booking confirmation; and

(f)         if required, store the container with goods at the storage location for the storage duration.

3.2        Alternatively, if you would like to supply your own container, U Pack It will:

(a)        pick-up the container with goods at the collection location at the time specified in the booking confirmation;

(b)        deliver the container with goods to the delivery location at the time specified in the booking confirmation; and

(c)        if required, store the container with goods at the storage location for the storage duration.

3.3        All containers supplied by you:

(a)        must be 6m x 2.4m x 2.8m (20ft) in size, unless U Pack It agrees otherwise in writing;

(b)         must be insured for damage and third-party liability;

(c)        must be safe; and

(d)        must be rail compliant.

When requested, you must provide U Pack It with a copy of the certificate of rail compliance.

3.4        You must ensure that delivery to the delivery location is completed within 4 weeks of the commencement date. If storage is required, either by you or by U Pack It, the container with goods will be stored at a storage location. U Pack It will charge the storage fee and its applicable GST if:

(a)        you require storage because the services cannot be completed within 4 weeks of the commencement date; or

(b)        the services cannot be completed within 4 weeks of the commencement date for any reason other than a breach of U Pack It’s obligations under this agreement, and the container has to be stored by U Pack It.

3.5        The provision of services to you is conditional on the following.

(a)        goods must be household goods or personal effects owned by you or by a third party from whom you have authority from to enter into this agreement. No living beings, motorised or unmotorized vehicles, valuables, trading stock, industrial goods, dangerous goods, unlawful goods, offensive goods, or any organic, liquid or waste products may be packed in the container.

(b)        goods must comply with the requirements of any law, standard, custom or policy which relates to its nature, condition, packaging, carriage or storage.

(c)        goods must not exceed 5,500 kgs in total.

(d)        goods must be safely and securely packed in the container; and without limiting the preceding, must be packed in accordance with guidelines provided by U Pack It. Please note that goods which are not securely packed will move as the container is towed on to and off a tilt tray when the container is collected and delivered.

(e)         Once the container is filled with goods, it must be securely locked by you. 

(f)          Your payment of all amounts due to be paid to any third party which relate to the services eg. any applicable council fee which relates to the placement of the container on council land.

(g)         Your payment of all amounts due to be paid to U Pack It in accordance with this agreement.

3.6        You warrant that at the time the filled container is collected from the collection location, you have complied with the requirements described in clauses 3.5(a), (b), (c), (d), (e) and (f) above.

4              FEE, GST, PAYMENT

4.1        Unless specified otherwise in writing, U Pack It’s quotation of the fee in the quotation excludes applicable surchargesand GST.

4.2        U Pack It’s quotation of the fee in the quotation is subject to change under the following circumstances. U Pack It reserves the right to charge all applicable surcharges.

(a)        Surcharges may be applicable due to the actual nature of services required which is not disclosed or contemplated by you at the time you ask for a quotation (eg. an additional container is required because of the volume or weight of goods).

(b)        Surcharges may also be applicable if U Pack It has to deviate from any of U Pack It’s standard practices (eg. U Pack It is unable to deliver the container because you or your nominated person is not in attendance at the collection location at the agreed time).

4.3        GST is payable by you. The applicable GST is calculated by multiplying the amount payable by the prevailing GST rate.

4.4        U Pack It will issue a tax invoice to you for amounts which are payable by you to U Pack It. You must pay all invoiced amounts by the due date for payment stipulated in the tax invoice.

4.5        U Pack It may, at its option, require you to provide U Pack It with authorisation for U Pack It to arrange a direct debit of fees from your nominated bank account.

5              COUNCIL OR LANDOWNER’S PERMIT

5.1        If you require the container to be place on council land, or land not otherwise owned by you, you must:

(a)         obtain a permit from the council or the landowner for the temporary placement of the container on such land; and

(b)         notify U Pack It before a booking confirmation is provided to you, and provide U Pack It with a copy of the permit.

6              INSURANCE

6.1        U Pack It has insurance coverage which includes cover for the goods. This cover is not comprehensive cover, and has the limitations described below in this clause 6. You accept U Pack It’s insurance cover as described for the purposes of this agreement. You must arrange your own insurance cover for the goods if you consider U Pack It’s cover to be inadequate.

6.2        U Pack It’s insurance cover will only cover damage to the goods caused by:

(a)        fire, explosion, lightning or flood damage, whilst the goods are in the container and the container is in U Pack It’s possession;

(b)        the collision, overturning, jack-knifing or derailment of the vehicle transporting the container;

(c)        accidental loss or damage to goods occurring during loading onto the conveying vehicle or occurring during unloading of the conveying vehicle; and

(d)        the impact of goods while on the conveying vehicle with something not on or part of that vehicle (other than water).

6.3        Without limiting the applicability of clause 6.2, for the avoidance of doubt, U Pack It’s insurance cover will not cover:

(a)        damage to anything that does not fall within the definition of goods;

(b)        theft of the goods, even when the goods are in U Pack It’s possession;

(c)        damage to the goods resulting from movement of the goods within the container, notwithstanding compliance by you of U Pack It’s guidelines for the packing of goods;

(d)        damage to the goods resulting from your use of the container;

(e)        damage due to ordinary wear and tear, moth, vermin, normal atmospheric or climatic conditions, ordinary leakage, ordinary loss in weight or volume or inherent vice of the goods;

(f)         loss of data from any computer hardware or software;

(g)        the replacement cost or depreciation of any antique (only the reasonable cost of repairs will be paid); or

(h)        damage to goods resulting from any defect in the container.

6.4        U Pack It’s insurance cover is limited to $150,000 for each insured occurrence.

7              LIABILITY & INDEMNITY

7.1        U Pack It does not make any representation or warranty, expressly or impliedly, about its services. This includes any representation or warranty relating to the quality, completeness, accuracy, promptness, suitability, acceptability or fitness for purpose of the services. To the fullest extent permitted by law, you release U Pack It from any liability for any inaccuracy, error, false or misleading representation or omission relating to its services.

7.2        Subject to clauses 7.3 and 7.4, you unconditionally, fully and irrevocably:

(a)        release U Pack It from all claims (including claims in negligence, breach of contract, breach of guarantee) relating to all services provided or which are to be provided to you;

(b)        release U Pack It from all claims (including claims in negligence and breach of contract) relating to the personal injury or death of any person;

(c)        hold U Pack It harmless against all claims described in clauses 7.2(a) and 7.2(b);

(d)        indemnify U Pack It for all losses suffered by U Pack It relating to any claim described in clause 7.2(a) or clause 7.2(b), including consequential losses, and losses suffered by U Pack It whilst defending itself or whilst enforcing its rights; and

(e)         indemnify U Pack It for all losses suffered by U Pack It relating to any death, personal injury, or property damage caused by your breach of your warranty in respect of your compliance of clauses 3.5(a), (b), (c) and (d), including consequential losses, and losses suffered by U Pack It whilst defending itself or whilst enforcing its rights.

7.3        U Pack It shall remain liable for any claim which by statutory law in the applicable jurisdiction it cannot be released from, including the ACL. If U Pack It is liable to you under any of such law and the claim relates to any loss of, damage to or deterioration of goods, the misdelivery or failure to deliver goods, or any delay in the delivery of the goods, U Pack It may at its option, in full and final settlement of that claim:

(a)        refund the amount paid by you to U Pack It for the services; or

(b)        provide the services again to you for replacement goods of the same quantity and type as any lost or damaged goods, at the sole expense of U Pack It.

7.4        U Pack It shall remain liable to you, and you shall not be liable to hold harmless and shall not be liable to indemnify U Pack It if a loss or a claim is caused by any:

(a)        fraudulent, dishonest, malicious, or criminal act or omission of U Pack It; or

(b)        gross or criminally negligent act or omission of U Pack It where you have been granted an award of punitive or exemplary damages from U Pack It by a court of competent jurisdiction

but nothing in the preceding in this clause 7.4 will apply if the loss or claim is caused by the act or omission of a U Pack It personnel unforeseen by U Pack It; including any conversion or theft of goods by any U Pack It personnel unforeseen by U Pack It.

7.5        Nothing in this clause 7 shall affect your entitlement to any of the consumer guarantees prescribed by the ACL. If you make any warranty claim against U Pack It under the ACL, you agree to:

a)         provide sufficient description of the claimed defect to U Pack It, so that it may assess the claim properly;

b)         be liable for your own costs in obtaining advice on your rights under the ACL, and in making the claim; and

c)          indemnify U Pack It for U Pack It’s reasonable costs in attending to any vexatious or unsuccessful claim.

8              FORCE MAJEURE

8.1        If a force majeure event prevents either you or U Pack It from carrying out an obligation contained herein, you or U Pack It (as the case may be) shall immediately notify the other party in writing of its inability to perform that obligation and include an explanation as to why it is unable to do so. Unless alternative arrangements mutually agreed by you and U Pack It may be made to circumvent the force majeure event, performance of that obligation shall be suspended until the force majeure event ends. If the force majeure event persists for more than one month after the aforesaid notice has been sent, that party shall be released from performing that obligation. All rights which have accrued before that release shall be preserved.

9           TITLE, RISK, RIGHT TO DISPOSE

9.1        Risk in the goods remains with you or the owner of the goods at all times. Title in the goods remains with you, or the owner of the goods, subject to U Pack It’s rights under this clause 9.

9.2        If U Pack It supplies one or more containers as part of the services, risk in such containers passes to you whilst you have possession of the containers. If you supply one or more containers for the services, risk in such containers remains with you at all times. Title in the containers remains with the owner of the containers at all times.

9.3        The following clauses in this clause 9 apply if you are required to pay any amount to U Pack It whilst the goods are in U Pack It’s possession.

9.4        If you are entitled in law to grant a lien or pledge on the goods which come into the possession or control of U Pack It, notwithstanding any pre-existing interest in the goods (including a security interest as defined by the PPSA), you hereby grant U Pack It a general common law lien and pledge on the goods to secure all payments which are payable by you to U Pack It for the services. If you fail to pay any amount which is payable to U Pack It under this agreement, U Pack It may, following the provision of written notice to you, exercise its rights under this lien or pledge to retain and sell the goods so that proceeds from the sale may be used to pay any debt owed by you to U Pack It.

9.5        If the goods are stored by U Pack It in accordance with your instruction and following the end of the storage duration, the goods remain in U Pack It’s possession, U Pack It may, following the provision of written notice to you, deem the goods to be abandoned, if after one month following the provision of that notice U Pack It does not receive a response from you, or you and U Pack It fail to reach agreement for the further storage of the goods. U Pack It may retain and sell the goods so that proceeds from the sale may be used to pay any debt owed by you to U Pack It.

9.6        If following the sale of the goods in accordance with clause 9.4 or 9.5 and use of the proceeds therefrom to pay the amounts owed by you to U Pack It there is a balance from such proceeds, U Pack It will use reasonable endeavours to pay you that balance. If U Pack It does so and is unable to pay you that balance after 3 months following the sale of the goods, you waive all rights to claim against U Pack It for payment of that balance.

9.7        If you have supplied one or more containers for the services, for the purposes of this clause 9, goods shall include the containers you supplied. U Pack It will however make reasonable efforts to return such containers to the owner of the containers, before it disposes these containers.

10            CANCELLATION AND CHANGE

10.1      You may:

(a)        subject to clause 10.2, terminate this agreement in writing no later than 2 business days before the commencement date; or

(b)         postpone any scheduled dates for the delivery or collection of the container if you provide U Pack It with prior written notice no later than 2 business days before the scheduled date for delivery or collection.

10.2      If you choose to terminate this agreement in accordance with clause 10.1(a), U Pack It will refund you all amounts you have paid, less the administration fee and its applicable GST, into an account nominated by you. If you fail to notify U Pack It in accordance with clause 10.1(a), U Pack It reserves the right to retain all of the amounts paid by you for the services.

10.3      If you would like to make any other changes, please contact U Pack It. All changes to the agreement must be mutually agreed upon and be recorded in writing.

11            NOTICES

11.1      All notices shall be written in English and shall be delivered by hand, by prepaid express post, or by electronic transmission to the address, or e-mail address of the recipient, as described in the quotation.

11.2      A notice issued in accordance with clause 11.1 shall be deemed to have been received:

(a)        if it was hand delivered, at the time of delivery;

(b)        if it was posted, on the second business day after posting; or

(c)        if it was sent by electronic transmission, when the sender receives an automated message confirming delivery; or 4 hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered, whichever happens first.

11.3      Notwithstanding clause 11.2, if a notice is received or taken to be received under clause 11.2 after 5.00pm in the place of receipt or on a non-business day, it will be deemed to be received at 9.00am on the next business day.

11.4      All notices shall take effect from the time they are received or deemed to have been received under clause 11.2 and 11.3, whichever happens first, unless a later time is specified in the notice or herein.

12            GENERAL

12.1      This agreement is governed by and will be construed according to the relevant laws of South Australia.

12.2      Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.

12.3      If any part of this agreement is deemed to be illegal, void or unenforceable, that part of this agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.

13            DEFINITIONS

13.1      Unless the context requires otherwise, the following definitions in this clause 13 apply to this agreement.

13.2      ACL means the Australian Consumer Law as set out in set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

13.3      administration fee means $50 which is U Pack It’s fee for administering your request for services, and for the subsequent cancellation thereof.

13.4      agreement means the agreement described in clause 2.3.

13.5      booking confirmation means written confirmation from U Pack It of your booking of services containing details of:

(a)        the location for empty container drop-off, and the date and estimated time of drop-off;

(b)        the location for filled container drop-off, and the estimated date and time of drop-off; and

(c)        the location and duration of filled container storage, if storage is required by you.

13.6      business day means any day which is not a Saturday, Sunday, or a public holiday in any part of Australia.

13.7      claims mean liabilities, obligations, losses, damages, penalties, claims, actions, judgments, suits, costs, or expenses.

13.8      collection location means the location described in clause 13.5(a).

13.9      commencement date means:

(a)        if U Pack It supplies the container, the date on which U Pack It delivers the empty container to the collection location; or

(b)        if you supply the container, the date on which U Pack It collects the filled container from the collection location.

13.10    container means:

(a)         one or more 6m x 2.4m x 2.8m (20ft) containers offered by U Pack It as part of its services;

(b)        if clause 3.2 is applicable, one or more containers supplied by you which comply with the requirements in clause 3.3; or

(c)         any other type of container mutually agreed by you and U Pack It.

13.11    delivery location means the location described in clause 13.5(b).

13.12    fee means U Pack It’s charge for its services, as quoted in the quotation and if other amounts are payable in accordance with this agreement, such amounts. Unless specified otherwise in writing, this fee excludes GST.

13.13    force majeure event means: acts of God, fire, storm, lightning, floods, adverse weather, earthquakes, landslide; pandemic or epidemic disease; acts of a public enemy, war, rebellion, insurrection, terrorist act, sabotage, online attacks, national emergency; power failure; port  block-out, blockage, embargo, strike, lockout, labour disputes or disturbances, work stoppage or other labour hindrance (protected or unprotected industrial action) other than those caused or contributed to by the party affected or which solely affects that party; or any other similar event beyond the reasonable control of the party concerned but does not include a lack of funds for any reason or any other inability to pay.

13.14    goods means those goods which are to be stored and transported in the container in accordance with this agreement.

13.15    GST means goods and services tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its respective regulations, as amended from time to time.

13.16    quotation means the written quotation or service proposal from U Pack It for the provision of services you requested.

13.17    services means those services described in clause 3.1.

13.18    storage duration means the duration of storage described in clause 13.5(c), or if the filled container needs to be stored for any reason other than as required by you, the duration of storage determined by U Pack It at its absolute discretion.

13.19    storage fee means $90 per week, exclusive of GST.

13.20    storage location means the location described in clause 13.5(c), or if the filled container needs to be stored for any reason other than as requested by you, at a U Pack It depot nominated by U Pack It.

13.21    U Pack It means Northline Nomineeco Pty Ltd as agent for Northline Partnership ABN 18 677 809 229 of Level 1, 62 The Parade, Norwood, South Australia 5067; and includes the successors, administrators and assigns thereof, and where not repugnant to the context, the servants, agents and subcontractors thereof.

13.22    valuables means cash, banknotes, jewellery, precious gems, bullion, stamp or other collections or documents of value.