Terms and Conditions of Service

"KangPack", "we", "us", "our": Theo Tapia t/a KangPack Removals (ABN 62 424 089 184).

"Client", "you", "your": the person or entity booking Services.

"Services": removal, furniture delivery, packing/unpacking, rubbish removal and related services provided by KangPack.

"Goods": items transported, handled, packed or stored by KangPack on behalf of the Client.

"ACL": the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other legislation that cannot lawfully be excluded. Where our liability can lawfully be limited, it is limited to the maximum extent permitted by law.

A Quote is a fixed price based on the information you provide (access, distance, volume, number of items, stairs, special requirements). If on the day conditions materially differ from what was disclosed (extra items, restricted access, heavier items), we will notify you before continuing and confirm any additional charges.

An Estimate is indicative only. The final price is calculated based on actual hours worked and services provided, at the rate confirmed at booking.

We use reasonable endeavours to arrive and complete the job within the agreed window. Arrival and completion times are indicative and may be affected by traffic, weather, prior jobs running long, or other factors outside our reasonable control. We will keep you informed of any material delay.

After-hours surcharge

An after-hours surcharge of 20% on the agreed rate applies where you require a guaranteed or fixed start time at or after 2:00 PM. The surcharge attaches to the booking you ask for, not to how the day actually runs: if a job simply takes longer than expected, or if we arrive later than planned for reasons on our side, no surcharge applies.

Flexible afternoon window

Where you do not require a fixed start time, an afternoon job is booked as our second job of the day. Our crew arrives between 11:00 AM and 3:00 PM, depending on what time the morning job finishes, and no after-hours surcharge applies. On the morning of the move we will contact you with an update on what time we expect to arrive.

Cancellations

We do not take a deposit and we do not ask for your card details to hold a booking. If you need to cancel:

• 24 hours or more before the booked start time: no charge.
• Less than 24 hours before the booked start time: a cancellation fee of one hour at the agreed rate.
• After our crew has departed for your address: the 2 hour minimum charge at the agreed rate, plus the call-out charge where applicable.

Cancellation fees are invoiced after the event. We will set out how the fee was calculated, and you may pay by bank transfer or against a tax invoice.

All Goods must be clean, dry and safe for transportation. Boxes must be structurally sound, properly taped, and not overfilled. We may refuse to transport any item that is unsafe or likely to damage other Goods. Where Goods are packed by the Client, we are not liable for loss or damage caused by inadequate or defective packing by the Client, to the extent permitted by law (see clause 2).

Condition of the premises and the Goods

The Client is responsible for ensuring, before the move, that the premises and the Goods are reasonably clean and in a condition that allows them to be safely handled and transported. We may decline to start, or may stop and leave a job, where our supervisor reasonably determines that:

• the premises or the Goods are excessively dirty, soiled, damp or mouldy;
• there is a strong or offensive odour;
• there is evidence of vermin, insect infestation, or biological or human waste;
• the site, the access or the conditions are unsafe, hazardous, or would breach work health and safety laws.

Where practicable, we will tell the Client what needs to change for us to proceed, and give a reasonable opportunity to fix it. Where we stop or decline a job under this clause, time worked and travel to that point are payable, and the cancellation provisions in clause 4 apply to the balance. Where Goods soil or damage our vehicle or equipment, a reasonable cleaning or replacement charge applies, limited to our actual cost.

Appliances

Washing machines must have their transit bolts fitted before transport. Transit bolts are the Client's responsibility: we do not supply them, and to the extent permitted by law we are not liable for damage to a washing machine transported without them. Appliances should be emptied, drained, dried and defrosted before we arrive.

Our crew will often disconnect and reconnect appliances as part of the job where it is straightforward and safe to do so, and that time is billable at the agreed rate. We are not plumbers, electricians or gasfitters, we do not carry out any work requiring a licensed trade, and we may decline to disconnect or reconnect an appliance where the fitting is old, corroded, awkward or likely to fail. Where we do disconnect or reconnect an appliance, the Client remains responsible for checking that the connection is sound and watertight before use, and to the extent permitted by law we are not liable for leaks, water damage or appliance faults arising after the job, unless caused by our failure to exercise due care and skill.

We will not transport:

• Hazardous substances
• LPG gas cylinders
• Fuel cans or any flammable liquids
• Firearms, ammunition or explosives
• Live animals
• Any item the supervisor on the day deems unsafe to handle

The following must be declared in writing at quote stage:

• Any item over 100 kg
• Items requiring balcony lifts
• Double-door fridges
• Marble items
• Glass tables or cabinets
• Pianos, pool tables
• Items over 3 metres in length
• Large pot plants, animal enclosures
• Extremely fragile items
• Any single item with a market value over $1,000

Failure to declare may result in refusal on the day, additional charges, or reduced cover under our Goods in Transit Insurance (clause 17).

Balcony lifts must be notified to us in advance, at quote stage, so that we attend with the right crew and equipment. A balcony lift requires a minimum of 3 crew, and more depending on the weight and size of the item.

Balcony lifts are performed only where our supervisor determines the lift can be carried out safely. All balcony lifts incur an additional charge, agreed before the lift begins. We may refuse any lift that is unsafe or structurally not feasible, including a lift that was not notified to us in advance.

• The rate applying to your booking is confirmed at booking and set out in your Quote or Estimate.
• Billing increments: 15 minutes.
• Travel: the first 30 minutes from our base and the final 30 minutes returning are included. Additional travel time is billable at the agreed rate.
• Minimum charge: 2 hours at the agreed rate plus GST.
• Weekend and public holiday rate: bookings on Friday, Saturday and Sunday are charged at our weekend rate. NSW public holidays are charged at the same weekend rate, whatever day of the week they fall on.
• Additional vehicle: where a larger truck or a second truck is provided under clause 13, an additional $40 per hour applies on top of the agreed rate.
• Billable time starts on arrival at the pickup location and continues until all Goods have been delivered AND payment has been received in full at the job site, or a payment arrangement has been confirmed by KangPack in writing. Where any delay at completion is attributable to the Client (including delays in arranging or executing payment), that time is billable at the agreed rate. Delays caused by KangPack or by failures in our own payment systems are not billable.

Rubbish Removal

Tip fees (per tip receipt) plus travel time to and from the waste centre, at the agreed rate. Tip fees are payable immediately on invoice.

Packing / Unpacking

Charged per packer, per hour, plus GST:

• $75 per packer, per hour, Monday to Thursday
• $80 per packer, per hour, Friday to Sunday

A minimum of 4 hours applies. The number of packers is agreed with you at booking, based on the size of the job. Average packing speed is 4–5 boxes per packer, per hour, depending on fragility. The Client supplies packing materials unless purchased from KangPack.

Packing Materials

Boxes, tape, wrap etc. are billed separately. Used paper is not collected. Boxes may be collected after unpacking if arranged in advance.

Where parking in a No Stopping zone, clearway or other restricted area is necessary to complete the move, the Client agrees to reimburse KangPack for any parking fines received during loading or unloading. KangPack will provide the fine notice within 7 days of receiving it.

All tolls are billed to the Client, except the Sydney Harbour Tunnel, which KangPack covers.

Our primary truck is 4.5T (approx. 20 m³). The Client must inform us of loading dock restrictions, building height limits, narrow street access, and any other access limitations. Where incorrect sizing results from inaccurate Client information, KangPack is not liable for resulting delays or additional costs.

Single load

We cannot guarantee that all Goods will fit in one truck load. How much fits depends on the total volume, the size and shape of the individual items, how they can be safely stacked and secured, and access at both addresses. Any indication we give about volume or the number of loads is based on the information provided by the Client and is not a guarantee.

Larger or additional vehicle

Where the volume requires it, we can provide a larger truck or a second truck, subject to access at both addresses and to availability, at an additional $40 per hour (clause 9). Where a second trip is required instead, the additional time and travel are billable at the agreed rate.

You must:

• Provide accurate information about access, stairs, volume and items;
• Ensure safe access at both pickup and delivery;
• Ensure the premises and the Goods are reasonably clean and in a condition fit to be handled and transported (clause 5);
• Be present or have an authorised representative present during the move;
• Confirm that the correct Goods have been loaded and unloaded, that nothing has been taken in error and that nothing has been left behind. Where a return trip is required for Goods moved in error or left behind, the additional time and travel are billable at the agreed rate;
• Declare specialist and high-value items (clause 7);
• Pay on completion (clause 16).

Where the Client's failure to meet these obligations contributes to loss, damage or delay, KangPack's liability is reduced to that extent.

Ownership and authority

The Client warrants that they are the owner of the Goods, or the authorised agent of the owner, and that they have authority to enter into these Terms. The Client indemnifies KangPack against any loss, damage, claim or cost arising from a breach of this warranty, including any claim by a third party that the Goods should not have been moved.

If we are unable to deliver due to no authorised receiver, inaccessible property or unsafe conditions, Goods may remain on the truck. Additional fees may apply, including overnight storage and re-delivery, at the agreed rate.

Payment is due in full immediately upon completion of the job and must be made at the job site before the crew departs. Our crew is authorised to remain on-site until payment has been received in full or a payment arrangement has been confirmed by KangPack in writing.

We accept the following payment methods on-site:

• Cash
• Bank transfer (with transaction receipt shown to the crew)
• Credit card (3% surcharge, reflecting our cost of card acceptance)

We do not accept cheques. Post-job invoicing or deferred payment is not available to residential Clients, and is only available to commercial Clients where invoicing terms have been agreed in writing before the booking (see Commercial Clients: Additional Terms below).

Where delay in making payment at completion of the job is attributable to the Client, billable time continues to accrue at the agreed rate in accordance with clause 9.

Invoices that remain unpaid after 7 days may be referred to a debt collection agency. Overdue amounts accrue simple interest at 10% per annum. Reasonable costs of recovery (including collection agency fees) may be added to the debt.

Lien

All Goods received by us are subject to a general lien for any money due to us for the Services. Where an amount is overdue, we may retain the Goods until payment is made. We will notify the Client in writing that we are exercising the lien and what is required to release the Goods, and reasonable storage charges apply while the Goods are retained.

KangPack holds:

• Public & Products Liability Insurance: $10,000,000 (QBE Insurance (Australia) Limited)
• Goods in Transit Insurance: $50,000

What this cover is, and what it is not

Our Goods in Transit cover is our liability cover. It responds where loss or damage to the Goods is caused by our negligence. It is not an all-risks policy over your belongings and it does not respond to every accident. For example, where our vehicle is struck by another driver, that is generally not our negligence and our cover may not respond. If you want your belongings covered against accidental loss or damage generally, you should arrange your own transit insurance through your insurer or broker. We are not an insurer and we do not give advice about insurance.

Our Goods in Transit cover does not extend to:

• Items pre-damaged or structurally weakened before the move
• Items inadequately packed by the Client
• Items fragile by nature that were not declared in advance (clause 7)
• Cash, jewellery, documents, securities or similar valuables
• Electrical or mechanical failure or breakdown
• Ordinary wear and tear and gradual deterioration
• Mould, mildew, rust, oxidation and corrosion
• Damage caused by the inherent nature of the item

These exclusions do not limit any rights you have under the ACL (clause 2).

We are not common carriers

KangPack is not a common carrier and accepts no liability as such. We reserve the right to refuse to quote for the carriage of goods for any particular person, and for the carriage of any goods or class of goods, at our discretion.

• Visible damage or missing items: must be reported in writing within 7 days of job completion.
• Concealed damage discovered during unpacking: must be reported in writing as soon as reasonably practicable, and in any case within 14 days of job completion.

Where a claim is accepted, we may at our option, and consistent with our insurance cover:

• Repair the item;
• Replace it with an equivalent second-hand item of similar age and condition; or
• Reimburse the Client based on second-hand market value at the time of loss.

Your rights under the ACL to seek repair, replacement, refund or compensation are not limited by this clause. Payment for the job is not contingent on the outcome of a claim. Claims are handled separately from invoicing.

Indirect and consequential loss

To the extent permitted by law, KangPack is not liable for indirect or consequential loss or damage, including loss of profit, loss of revenue, loss of opportunity, loss of use, the cost of alternative accommodation, or loss arising from delay.

We collect personal information (names, addresses, phone, email, payment details) to provide the Services. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We do not sell your information, and we do not share it with third parties except as needed to provide the Services (e.g. payment processors). Our Privacy Policy is available on request at info@kangpack.com.au.

Photographs and video

Our crew may photograph or video the Goods, the access ways and the vehicle for training, safety, load planning, quality assurance and as evidence in the event of a claim. We will not use any image that identifies you, your Goods or your property for marketing or on social media without your consent, and you may withdraw that consent at any time by emailing info@kangpack.com.au.

We may engage subcontractors or trusted partners to complete a booking, particularly during peak periods. Where we do, the same standard of care and these Terms apply, and KangPack remains responsible to the Client for the performance of the Services.

Every exclusion, limitation and cap in these Terms applies for the benefit of our employees, contractors and subcontractors and their employees, as well as for our own benefit. For the purposes of this clause KangPack acts as agent and trustee on behalf of each of those persons, and each of them is to that extent a party to these Terms.

Any variation to a Quote, booking or these Terms must be confirmed in writing (email or SMS is sufficient). Verbal variations made on the day will be confirmed by us in writing as soon as practicable.

Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including severe weather, bushfires, floods, pandemics, government directions, road closures or industrial action. Where such an event makes performance impossible or unsafe, we will reschedule at no additional callout fee.

Proceeding in bad weather

Where weather increases the risk of damage to the Goods, we may postpone or reschedule the move at no cancellation charge, or proceed with additional protective measures which may be billable. To the extent permitted by law, we are not liable for weather-related damage where the Client is aware, or ought reasonably to be aware, of the risk and instructs us to proceed, or where we have advised the Client of the risk and the Client instructs us to proceed anyway.

If any part of these Terms is found to be unenforceable, the remaining parts continue in force.

These Terms are governed by the laws of New South Wales. The parties will first attempt to resolve any dispute in good faith between themselves. If unresolved, disputes may be referred to Fair Trading NSW and, where applicable, to the NSW Civil and Administrative Tribunal (NCAT). Nothing in this clause prevents either party from seeking urgent relief in a court of competent jurisdiction.

You accept these Terms when you:

• Tick "I have read and accept the KangPack Terms & Conditions" on our booking form; or
• Confirm your booking in writing (email or SMS) after receiving these Terms; or
• Allow the Services to commence on the day of the move.