Terms and Conditions Storage

Welcome to the Crusader Removals website. These terms and conditions will govern the use of the warehousing and storage services provided at the Storage Facility operated by Crusader National Pty Ltd t/a Crusader Removals (ABN 21 613 692 774) of 371 Victoria Rd, Malaga WA 6090. By clicking the “Accept” button, you (the “Customer”) agree to comply with these terms and conditions and that the effective date of this Agreement is the date on which you click “Accept”. If you do not accept these terms and conditions, Crusader Removals cannot provide you with access to the Storage Facility. We reserve the right to change these terms and conditions at any time without notice to you. The amended terms and conditions of the Agreement between Crusader Removals and a Customer will then take effect from the next time the Customer logs into the Website and completes a request for delivery of warehousing and storage services provided at the Storage Facility.

AGREEMENT TO TERMS AND CONDITIONS
1. The Customer agrees to the following terms and conditions by the placement of an order with Crusader Removals to provide the Services to be performed by Crusader Removals.
2. By engaging our Services, you agree that these terms and conditions will, in all circumstances, prevail over any terms and conditions contained in quotes, invoices or other documentation exchanged between the parties whether or not such documentation expressly provides that they override these terms and conditions; including, without limitation, any terms and conditions attached or forming part of any purchase order or any other request for our Services made by the Customer.
3. The Customer must give notice to Crusader Removals of any change of address, phone numbers or email address or any Alternative Contact Person for the Customer, within 48 hours of any any change.
4. It is expressly understood that these Crusader Removals Storage Terms do not cover or apply to any rights, obligations, terms or conditions of the forwarding, customs brokerage or other services that Company has provided or may provide to the Customer; and that those separate services will be governed by the terms and conditions under which Crusader Removals offers to provide such other services.

DEFINITIONS
1. “Agreement” means these terms and conditions including all policies, schedules, and terms that are indicated, form part of this agreement or have been specified;
2. “Alternative Contact Person” or “ACP” means the person nominated by the Customer in the Schedule, or is subsequently notified in writing to Crusader Removals, as to person who should be contacted in relation to the transport or storage of the Goods, in the event that Crusader Removals is unable to contract the Customer using the contact information set out in the Schedule or as subsequently notified by the Customer;
3. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the State or Territory consumer protection legislation;
4. “Consequential Loss” means any indirect or consequential loss or damage; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of this Agreement and whether or not foreseeable at the time of entering into this Agreement;
5. “Consigned Goods Policy” means the requirements of Crusader Removals regarding the storage of Goods at the Storage Facility;
6. “Consumer” has the meaning given to it in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
7. “Consumer Guarantee” has the meaning given to it in section 3 of the Australian Consumer Law;
8. “Consumer Services” means services of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in section 3 of the Australian Consumer Law;
9. “Crusader Removals” means Crusader National Pty Ltd t/a Crusader Removals (ABN 21 613 692 774);
10. “Customer” means any person, company or other legal entity placing an order for the supply of services from Crusader Removals, with the legal name set out in the Schedule, and includes the Customer’s representatives, agents, employees and independent contractors;
11. “Customer Account” means the account operated by Crusader Removals for each Customer;
12. “Dangerous Goods” has the same meaning as set out in the Dangerous Goods Law and also includes, but is not limited to, products that are or may become dangerous, hazardous or noxious, such as toxic, inflammable, explosive or radioactive materials or infectious substances;
13. “Dangerous Goods Law” means the Dangerous Goods Safety Act 2004 (WA) and the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 (WA);
14. “Force Majeure” means war, whether declared or not, civil rebellion or unrest, strike, fire, storm, flood, earthquakes, or other severe action of the elements, accident, power failure, computer equipment failure, epidemic, pandemic, industrial action, acts of terrorism, governmental action, government or statutory restriction or from other event that is unavoidable or beyond the reasonable control of the defaulting party;
15. “Goods” means goods or products and any related containers, boxes, wrapping, packaging or pallets in respect of which Crusader Removals provides the Services;
16. “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
17. “Pallet Hire Account” means the account operated by Crusader Removals related to hire of pallets to a Customer;
18. “PPSA” means the Personal Property Securities Act 2009 (Cth) and the regulations;
19. “related body corporate” has the same definition as set out in the Corporations Act 2001 (Cth);
20. “Schedule” means the list of specific Services that Crusader Removals will provide to the Customer, and the payment terms for those Services, and the information about the Customer, which is set out in the digital order form that is created when the Customer completes the online ordering of warehousing and storage services on the Website or via email confirmation.
21. “Services” means all services agreed to be undertaken by Crusader Removals to the Customer from time to time that are set out in the Schedule or provided in accordance with this Agreement, which may include carriage, transport, storage, warehousing or custody of any Goods and loading and unloading of Goods;
22. “Storage Facility” means any warehouse, storage structure or building owned or leased by Crusader Removals for the storage of goods;
23. “Subcontractor” means any other person, firm, company or other legal entity that is engaged by Crusader Removals to undertake the transportation or carriage of Goods to the Storage Facility;
24. “Website” means https://www.crusaderremovals.com.au/
25. words or phrases that are defined in the Privacy Act 1988 (Cth) will have the same meaning in these terms.
SUPPLY OF SERVICES
1. Crusader Removals may provide additional services to those described in the Schedule as requested by the Customer and agreed by Crusader Removals or when additional services and charges are required in accordance with the terms of this Agreement.
2. Pursuant to the terms and conditions of this agreement, Crusader Removals agrees to carry out the Services in relation to the Goods as described in the Schedule in accordance with Customer’s reasonable instructions.
3. The Customer authorises Crusader Removals to arrange with any Subcontractor to undertake any part of the Services.
4. Crusader Removals will be liable for any act or omission of the Subcontractor pursuant to these terms and conditions which will apply to the same extent as if Crusader Removals were performing the services and had not subcontracted the delivery of the Services to the Subcontractor.
CONDITION OF GOODS & INFORMATION TO BE SUPPLIED
1. The Customer warrants that the Goods are properly marked, packaged, labeled and classified for handling and are fit for transportation and storage as described in the Consigned Goods Policy.
2. For all Goods tendered for storage at the Storage Facility or for carriage to any destination other than the Storage Facility, the Customer will provide to Crusader Removals at or prior to pick-up of the Goods:
  1. Such information and documents as are necessary to comply with all laws, regulations and rules related to the transport and storage of the Goods; and
  2. All documents or information necessary or useful for the safe and proper transportation, warehousing, handling, and storage of the Goods.

If all such information and documents are not fully, accurately and timely provided to Crusader Removals, Customer will indemnify Company for all consequences of such failure.

STORAGE OF GOODS
1. If the Customer requests storage of Goods at the Storage Facility, Crusader Removals will store the Goods at its discretion at any one or more locations at the Storage Facility. The identification of any specific location on Crusader Removals’ Storage Facility in the consignment note or any other documentation does not guarantee that Goods will be stored therein. Crusader Removals, at its sole discretion, will determine the appropriate place or places within its Storage Facility to store the Goods.
2. Subject to payment for the balance of any fixed or minimum period of storage set out in the Schedule, you may require the Goods to be removed from the Storage Facility at any time on giving us not less than *[5]* working days’ notice. If less notice is given, Crusader Removals will still use its best endeavours to meet the Customer’s request, but will be entitled to make an additional charge for the shorter notice period.
3. The fees for storage of the Goods at the Storage Facility are the amount set out in the Schedule or any increase in fees as notified to the Customer. Crusader Removals will provide not less that 28 days notice of any intended increase in the fees. Where the Customer objects to the increased fees they may, before the end of the 28 days notice, terminate this Agreement and move the Goods out of the Storage Facility, giving Crusader Removals not less than *[5]* working days’ notice.
4. Crusader Removals reserves the right to terminate the storage of Goods at the Storage Facility and to require the removal of the Goods, or any portion thereof, by giving the Customer seven (7) days advance written notice. The Customer will be responsible for payment of all costs and charges attributable to the Goods up to the date the Goods are removed. If the costs and charges are not paid or the Goods are not so removed, Crusader Removals may exercise its rights under this Agreement and under applicable law including but not limited to selling the Goods.
VALUE OF GOODS & INSURANCE
1. The description, quantity and value of the Goods shown in the consignment note or on any other document relating to the transport and storage of the Goods (as the case may be) were represented to Crusader Removals by the Customer and Crusader Removals does not admit to the accuracy of such representations and will require, in the case of any claim, proof thereof.
2. The Customer is responsible for effecting insurance in respect of the Goods while they are being transported and during their storage at the Storage Facility.
3. Crusader Removals recommend that the Customer insure their Goods while they are in the possession or subject to the control of Crusader Removals, including but not limited to insurance which covers Goods against damage or loss caused by fire or collision while Crusader Removals’ vehicles are in transit between the pick-up and delivery locations.
4. Crusader Removals can assist the Customer to arrange insurance through an insurer with whom Crusader Removals has an existing relationship. Alternatively, the Customer can arrange insurance through an insurer or insurance broker of their choice.
PRICING AND INVOICING
1. Any price list Crusader Removals makes available to the Customer, or pricing information contained on the Website or any quotation provided by Crusader Removals is not an offer or obligation to provide our Services to the Customer at such prices and Crusader Removals reserves the right to accept or reject, in its absolute discretion, any request to provide the Services. Crusader Removals will provide the Services for the cost set out in the Schedule, subject to increases of those costs when additional services and charges are required in accordance with these terms.
2. Each amount payable by the Customer under these terms of supply of Services in respect of a “taxable supply” (as defined in the GST Act) is a GST exclusive amount and the Customer must, in addition to that amount and at the same time, pay the GST due in respect of that supply.
3. The Customer will open a Customer Account with Crusader Removals, and maintain the Customer Account in good standing, including meeting all Crusader Removals’ credit terms:
  1. All costs and charges relating to any Goods will be charged to an approved Customer Account.
  2. All Customer Accounts must operate within Crusader Removals’ credit terms.
  3. Crusader Removals may insist upon cleared payment being received before the supply of the Services.
  4. Crusader Removals reserves the right to refuse to transport and store any Goods if the Customer has failed to maintain their Customer Account in good standing.
CONSIGNED GOODS POLICY
1. The Customer agrees to comply with the following Consigned Goods Policy in respect of all Goods consigned for storage in the Storage Facility:
  1. All consigned Goods must be stabilised and appropriately packaged and secured by appropriate containers, boxes, wrapping, packaging or pallets to ensure they can be safely transported to the Storage Facility and can be moved and stored in the same condition, having regard to the nature of the Goods.
  2. All Goods including their containers, boxes, wrapping, packaging or pallets in or on which the Goods are located must be in sound condition and free from dirt, vermin and any contamination.
  3. Goods that are environmentally harmful, perishable, stolen or illegal to possess, must not be presented for storage.
  4. Crusader Removals will only accept for storage any Dangerous Goods on the terms set out clause 9.
  5. If Crusader Removals determines that the original palletization of Goods must be broken down for storage purposes, Company will be authorized to break down the pallets without further notice required to Customer.
  6. Crusader Removals reserves the right to refuse to carry or store any consigned Goods presented outside this Consigned Goods Policy.
2. The Customer is entitled, upon giving us reasonable notice, to inspect the Goods in the Storage Facility. Any items deemed left unattended in common areas of the Storage Facility or outside the space in which the Customer’s Goods are stored at any time, Crusader Removals may, in its sole discretion, destroy, dispose of, destroy, move or store such items at the additional expense of the Customer.
3. If, in the sole opinion of Crusader Removals, Goods are stored in the Storage Facility in breach of the above Consigned Goods Policy, we will be entitled to exercise all available remedies including, but not limited to, deal with the Goods as we consider appropriate, including but not limited to destroying, disposing of, abandoning or rendering harmless the Goods without obtaining prior approval from the Customer.
4. If storage charges are not paid when due (as described in clause 13.1), or the Goods are not collected from the Storage Facility within 5 working days of the date of removal nominated by the Customer or designated in the Schedule, and Crusader Removals has reasonable proof that the Customer (if an individual) is deceased, Crusader Removals is authorised to release the Goods to the Alternative Contact Person.
DANGEROUS GOODS POLICY
1. The Customer must not tender for transport or storage any Dangerous Goods without presenting a full description of those Goods and any default will be liable for all loss and damage caused thereby.
2. Unless otherwise made known to Crusader Removals in writing and accepted by Crusader Removals, the Customer warrants that the Goods are not considered Dangerous Goods at the time the Goods are tendered to Crusader Removals.
3. If Dangerous Goods are tendered for for transport or storage and accepted by Crusader Removals, the Customer warrants that the Goods will be limited to the permissible materials and quantities in the Dangerous Goods Law, and agrees to properly classify the Goods, to accurately describe the Goods, and to provide Crusader Removals with all necessary or useful information for the safe storage and handling of the Goods including but not limited to, whenever applicable, material safety data sheets and/or product safety data sheets required by the Dangerous Goods Law.
4. If the Customer breaches any of the foregoing warranties related to tender of Dangerous Goods, or otherwise delivers any Dangerous Goods to Crusader Removals, it will be entitled to exercise all available remedies including, but not limited to, deal with the Goods as it considers appropriate, including but not limited to destroying, disposing of, abandoning or rendering harmless the Goods without obtaining prior approval from the Customer.
5. Crusader Removals will not be responsible to the Customer for any loss suffered by the Customer as a result of Crusader Removals exercising its discretion under clause 9.4, and the Customer will indemnify Crusader Removals for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Crusader Removals in connection with the destruction, disposal, abandonment, or rendering the Goods harmless.
CUSTOMER’S WARRANTIES AS TO AUTHORITY TO DEAL WITH GOODS
1. The Customer warrants that:
  1. the person presenting or delivering any Goods to Crusader Removals for transport and storage is authorised by the Customer to sign the consignment note and any other documents for the carriage, transport, storage, warehousing or custody of the Goods;
  2. the Customer is either the owner or the authorised agent of the owner or has lawful possession of any Goods the subject of this Agreement and by entering into this Agreement the Customer accepts these conditions for all other persons, companies or other legal entities on whose behalf the Customer is acting; and
  3. it has sole legal rights to transport or store the Goods tendered, to release the Goods, and to instruct Crusader Removals regarding delivery or disposition of the Goods.
2. The Customer agrees to notify all parties acquiring any interest in the Goods of the terms and conditions of this Agreement and further agrees to indemnify and hold Crusader Removals harmless from any claim by third parties relating to the ownership, storage, handling, delivery or disposal of the Goods, or from any other services provided by Crusader Removals pursuant to this agreement. Such indemnification will include any legal fees or costs incurred from any claim by a third party, regardless of whether or not litigation is actually filed.
PRIVACY ACT 1988 (CTH) – PERSONAL CREDIT REPORT
1. Crusader Removals will be entitled to obtain credit information or credit reporting information from a credit reporting body as described in the Privacy Act 1988 (Cth) in relation to the credit worthiness of the Customer or for a commercial credit related purpose in relation to the Customer.
2. The Customer agrees that individual data provided may be used and retained by Crusader Removals as required by law from time to time, and for the following purposes:
  1. Provision of the Services;
  2. Assessing the Customer’s credit worthiness in relation to extending consumer credit, commercial credit or for a commercial credit related purpose;
  3. Exchanging of information with any credit reporting body;
  4. Managing the Customer Account;
  5. Processing any payment instructions, direct debit facilities and/or credit facilities requested by the Customer;
  6. Collection of amounts oustanding in the Customer Account by Crusader Removals’ nominated collection agent and or legal practitioner; and
  7. Providing instructions to Subcontractors.
CONTAINERS, BOXES & PALLETS
1. The Customer will be responsible for the conformity of the packing of the Goods in appropriate containers, boxes or pallets with any requirements of Crusader Removals in the Consigned Goods Policy or Freight Policy, and we may charge our expenses and charges arising from any failure to conform.
2. Crusader Removals is entitled to open any wrapping, packaging, box or container in which the Goods are placed to inspect the Goods to determine either their nature or condition or to determine their ownership, including in circumstances where any consignment note or identifying transportant and storage document or mark is damaged, defaced, lost or destroyed.
3. Crusader Removals needs to manage the use of hire pallets to minimise the need to pass on pallet costs to the customer, therefore:
  1. All pallets used by the Customer for Goods consigned for freight to a destination other than the Storage Facility must be on an exchange basis (direct one for one exchange will be required at the point of delivery) unless pallets are transferred direct from your Pallet Hire Account; and
  2. Delays in recovering hire pallets will result in a pallet handling charge being added to your Customer Account.
CHARGES & INVOICING
1. Warehousing and storage accounts are due and payable monthly, in advance. Crusader Removals will issue the monthly statement, in advance to the Customer and the Customer will pay Company within 14 days of the invoice date unless otherwise agreed by the Parties in writing. All invoices not paid within 14 days of invoice date will be subject to interest on the outstanding amount at the rate of 3% above the then base lending rate of *[Westpac Banking Corporation]* from and including the due date to the actual date of the payment. If it becomes necessary for Crusader Removals to utilize a collection agency and/or any legal practitioner to collect any unpaid amount owed or to assist in effectuating the lien provisions herein, the Customer will be obligated to pay the collection agency fees and/or legal fees, and expenses including court costs incurred, regardless of whether litigation is actually filed.
2. Where there are special instructions by the Customer to the effect that charges will be paid by a third party other than the Customer, and that third party does not pay the invoiced charges within seven (7) days of the date set for payment or, if no date is set for payment, within seven (7) days of delivery or tendered delivery of the Goods, then the Customer will be obliged to pay the charges within the invoicing terms.
3. Subject to the terms of this agreement, Crusader Removals may charge freight and storage (or both) by weight, measurement or value, and if reasonably required at any time, re-weigh, revalue or re-measure or require the Goods to be re-weighed, revalued or re-measured and charge proportional additional or less charges accordingly. If there is a material increase to the charges arising under this clause, Crusader Removals will promptly or as soon as practicable (including if possible prior to the completion of the Services), notify the Customer of the reason for the change and the revised charges allowing the Customer to amend its instructions to Crusader Removals accordingly.
4. All costs, charges, expenses, customs duty, excise duty, government charges, fines, penalties or other liabilities incurred by Crusader Removals to remedy any breach by the Customer will be recoverable from the Customer upon demand in addition and without prejudice to Crusader Removal’s rights to damages for breach of these terms. The sum of any liabioity of the Customer arising under these terms will be a liquidated debt payable by the Customer without reduction or setoff.
NO LIABILITY AS A COMMON CARRIER OR BAILEE OF GOODS
1. Crusader Removals is not a common carrier and Crusader Removals will not accept liability to the Customer as a common carrier.
2. Crusader Removals is not the bailee of any Goods presented to it for transportation or storage and the Customer acknowledges that Crusader Removals does not take possession of the Goods as bailee.
3. Except to the extent of the information disclosed in relation to any Dangerous Goods accepted by Crusader Removals for transport or storage or as otherwise disclosed by the Customer in writing, including in the consignment note, Crusader does not have, and will not be deemed to have, knowledge of the Goods.
4. Crusader Removals reserves the right to accept or refuse the carriage, transport, storage or custody of any Goods for any person, at its discretion, without giving any reason for so doing.
LIMITATION OF LIABILITY

Loss or damages – Services provided to Consumers

Except where the Services are required by the Customer for the purposes of a business, trade, profession or occupation in which the Customer is engaged, these terms and our agreement will be subject to the Consumer Guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, the Consumer Guarantee that the Services will be rendered with due care and skill, and the following conditions of this clause 15 will apply.
Crusader Removals will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by its negligence (including the negligence of any Subcontractor). Crusader Removals will not be liable for loss or damage to the Goods caused or contributed to by the Customer or someone else that Crusader Removals are not responsible for at law.
Crusader Removals will not be liable for any loss or damage nor any delay which results from any Force Majeure Event.
Crusader Removals will not be liable for any loss or damage to the Goods sustained by reason of:
1. defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by Crusader Removals or a Subcontractor;
2. negligent loading or unloading of the Goods onto Crusader Removals’ vehicles or into the Storage Facility, and where the loading or unloading (as the case may be) was not undertaken by Crusader Removals or a Subcontractor.
If the Customer has elected not to take out any insurance over Goods whilst in transit or storage and Crusader Removals will only be liable for loss or damage to the Goods up to an amount of *[$50]* per item or *[$500]* in respect of all Goods moved or stored under this agreement (whichever is the lesser). This cap on liability does not apply if there is evidence that Crusader Removals (or our Subcontractor) failed to exercise due care and skill and this failure is what caused the loss or damage.
If the Customer have elected not to take out any insurance over the Goods whilst in transit or storage, and Crusader Removals (or our Subcontractor) have not packed the Goods for the Customer, Crusader Removals will only be liable for lost, stolen, or misplaced boxes or items up to an amount of *[$50]* per box. This cap on Crusader Removals’ liability does not apply if the Customer provided Crusader Removals with a completed inventory including valuation of the contents of the container or box containing the Goods prior to commencement of transit or storage and there is evidence that Crusader Removals (or our Subcontractor) failed to reasonably secure the Goods whilst in the custody or care of Crusader Removals.
The Customer or the recipient of the Goods will be asked to sign an inventory or other documents at the conclusion of the transit, and the Customer is responsible at that time, to confirm that all of the Goods have been delivered, there are no missing items or containers or boxes and the Goods are in acceptable condition. Any claim for loss or damage under this clause 15 must to be notified to Crusader Removals by the Customer in writing, or by telephone and later confirmed in writing, as soon as possible and within 24 hours after the date of delivery. Crusader Removals will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if that notification is given within 24 hours.
In any claim for loss or damage under this clause 15, any estimate of the inventory and value of the Goods which the Customer has provided to Crusader Removals, whether for the purposes of insurance or otherwise, will be prima facie evidence that the total value of the Goods did not exceed that estimate at the time of loss or damage.

Loss or Damage – Commercial Carriage or Storage

If the Services are required by the Customer for the purposes of a business, trade, profession, or occupation in which the Customer is engaged, the following conditions of this clause 15 will apply.
Crusader Removals will not be liable for any loss or damage nor any delay which results from any cause beyond its control.
Crusader Removals will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Crusader Removals’ negligence (including the negligence of any Subcontractor), and in any event that liability will be limited to *[$50]* per item or package, or *[$500]* in respect of all Goods moved or stored under this Agreement (whichever is the lesser).
Crusader Removals or the recipient will be asked to sign an inventory or other document at the conclusion of the transit and the Customer is responsible at that time to confirm that all the Goods have been delivered, there are no missing items or boxes, and the Goods are in acceptable condition. In circumstances where Crusader Removals are liable under this clause 15, notice of the claim must be given by the Customer to Crusader Removals as soon as possible, and written notice must be given within 24 hours of the date of delivery or, in the case of loss, the date upon which the Goods would ordinarily have been delivered, failing which we will have no further liability.
Crusader Removals will not be liable for any loss or damage to the Goods sustained by reason of:
1. defective or inadequate packing or unpacking, and where the packing or unpacking (as the case may be) was not undertaken by Crusader Removals or a Subcontractor;
2. negligent loading or unloading of the Goods onto Crusader Removals’ vehicles or into the Storage Facility, and where the loading or unloading (as the case may be) was not undertaken by Crusader Removals or a Subcontractor.
Except where the Customer is a Consumer, to the full extent permitted by law and subject to any implied condition, warranty or right, which cannot be excluded by law: (1) Crusader Removals excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement; (2) Crusader Removals is not liable for any deterioration, damage, loss or injury to the Goods; and (3) Crusader Removals is not liable for any Consequential Loss, suffered or incurred by the Customers in connection with any of our acts or omissions or any acts or omissions of Crusader Removals’ directors, employees, independent contractors, agents or our Subcontractors.
The limitation of liability in clause 15.14 will apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, damage, injury, mis-delivery, delay may have occurred notwithstanding that the same may have been due or occasioned by, or may have arisen as a result of or as incidental to any negligence, act or omission or any part thereof by Crusader Removals, and includes the following circumstances:
1. any deterioration, damage, loss or injury that is directly or indirectly caused by or which may arise out of late-delivery, non-delivery or mis-delivery of the Goods or any part thereof;
2. any deterioration, damage, loss or injury that is directly or indirectly caused by or which may arise out of incorrect description of the Goods or where any consignment note or identifying document or mark is damaged, defaced, lost or destroyed; or
3. any deterioration, damage, loss or injury to the Goods arising after delivery of the Goods to the Customer (or to the Customer’s representatives, agents or Alternative Contact Person) is completed by Crusader Removals.
The disclaimer in this clause extends to include not only any deterioration, damage, loss or injury to the Goods but also, deterioration, damage, loss or injury to any person, building, structure, property or thing damaged during the movement of the Goods and to include any loss consequentially or otherwise arising from any deterioration, damage, loss or injury howsoever caused including but not limited to any negligence or breach by Crusader Removals.

INDEMNIFICATION
1. The Customer indemnifies and holds harmless Crusader Removals against all deterioration, damage, loss, injury or other consequences arising out of any error, act, omission, misrepresentation, misstatement, fraud, breach of any applicable law or regulation or misrepresentation by the Customer or other owner of the Goods (or their employees, independent contractors or agent) and against the consequences of insufficient or improper packaging, labelling or addressing of the Goods (whether in the consignment note or in any other document) and including:
  1. all government charges, fines, penalties or other costs, which Crusader Removals becomes liable to pay for any reason whatsoever in respect of the Goods and consignment note or any other documentation relating to the Goods pursuant to any applicable laws or regulations;
  2. all losses or damage suffered by and claims made against Crusader Removals caused by or arising out of the carriage by Crusader Removals of Dangerous Goods whether or not declared by the Customer as Dangerous Goods; or
  3. all claims and demands whatsoever made in excess of the liability of Crusader Removals under these terms and conditions.
2. The parties acknowledge and agree the obligation to use reasonable endeavours to mitigate and limit the other party’s loss or damage where it is within a party’s capability and capacity to do so.
3. Crusader Removals will indemnify the Customer against all losses, claims, and demands arising directly from Crusader Removals’s fraud or wilful default.
LIEN
1. The Goods are accepted subject to a general lien for all charges now due or that may become due to Crusader Removals by the Customer on any account whatsoever, whether in respect of the Goods stored under this Agreement or stored by the Customer under a separate agreement with Crusader Removals.
2. If charges are not paid when due (as described in clause 13.1), or the Goods are not collected from the Storage Facility within 5 working days of the date of removal nominated by the Customer or designated in the Schedule, Crusader Removals may, without notice, and immediately:
  1. remove all or any of the Goods and store them as Crusader Removals thinks fit at the Customer’s risk and expense; and
  2. open and sell or dispose of all or any of the Goods on terms as Crusader Removals thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to the Customer or any other person for any loss or damage caused, and

out of the money arising from the sale retain the costs or charges so payable and all charges, costs and expenses of the detention and sale and will render the surplus, if any, of the moneys arising from the sale of and such of the Goods as remain unsold to the person entitled thereto. Any such sale will not prejudice or affect the right of Crusader Removals to recover from the person or such persons liable to pay the same any such charges due or payable in respect of the Services or the said detention and sale of any Goods.

If charges are not paid when due (as described in clause 13), or the Goods are not collected from the Storage Facility within 5 working days of the date of removal nominated by the Customer or designated in the Schedule, Crusader Removals, may as an alternative to its rights under clause 17.2, determine (acting in its sole discretion) that:
1. it is a health and safety risk to sort, handle, assess or conduct any inventory of the Goods; or
2. the Goods are either not saleable or fail to sell when offered for sale or are not of sufficient value to justify the expenses of attempting to sell the Goods,

and Crusader Removals may give the Customer 5 working days notice of the intention to destroy or dump the Goods, and may proceed to destroy, dump or dispose of the Goods by any means.

Crusader Removals’ lien attaches to the Goods when the Goods are accepted by Crusader Removals for transport or storage, and the lien continues notwithstanding Crusader Removals commencing legal proceedings to recover any debt due, or notwithstanding judgment for any dept due is obtained by Crusader Removals.
The Customer agrees that the lien arising under these Conditions of Carriage is a security interest that is registerable under the PPSA.
If Crusader Removals requests, then the Customer must promptly upon receipt of a request from Crusader Removals do anything for the purposes of ensuring that any lien or security interest created under, or provided for by, this Agreement is enforceable, perfected (including but not limited to perfection by registration under the PPSA), maintained and is otherwise effective. Anything that is required by the Customer to be done under this clause will be done by the Customer at its own expense. If the Customer has more than one storage space in the Storage Facility (including in relation to storage under a separate agreement with Crusader Removals), then default on payment for storage of any Goods under any storage agreement authorises Crusader Removals to take default action on accordance with this clause 17 in respect to all Goods of the Customer that are stored in the Storage Facility.
The Customer agrees to reimburse the costs of Crusader Removals in connection with any action taken by Crusader Removals under or in connection with this clause 17, including for the payment of all the amounts owed for transport, storage, container detention charges, duty, fines, penalties of any kind whatsoever and without limitation and for any and all debts, charges, costs, expenses or any other sums due and owing by the Customer or the Customer’s principals or agents. Further, the continuing security interest will cover all the costs and expenses of exercising the lien, including the costs of a public or private sale or auction, including legal and administration costs.
For the purposes of the PPSA, Crusader Removals is deemed to be in possession of the Goods from the moment Crusader Removals enters the enclosed space in which the Goods are stored in the Storage Faciity Space. The parties agree that, to the extent permitted by the PPSA:
1. sections 125, 142 and 143 of the PPSA do not apply (unless the Customer is otherwise notified in writing by the Crusader Removals);
2. any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and
3. any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by the terms of this agreement is waived.
In addition to, or in the alternative to, the lien in clause 17.1, Crusader Removals may also give the Customer notice of a statutory lien pursuant to the Warehousemen’s Liens Act 1952 (WA) as set out in the Warehousemen’s Liens Act 1952 (WA).

FORCE MAJEURE
1. Neither party to this agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is an event of Force Majeure.
NOTICES
1. All notices required or permitted hereunder will be in writing in English and the address for service of notices is either the postal address or email address of the party to be served as stated in this Agreement or any postal address or email address such party may have designated in writing as the address for service of notices.
2. Notices sent to the recipient’s postal address will be sent by registered or certified mail, return receipt requested.
3. Unless otherwise specified, notices will be deemed to have been delivered when receipt is acknowledged by the recipient or 72 hours from the time the notice is sent (whichever is sooner).
4. In relation to email, receipt is deemed to be acknowledged by the recipient by a delivery receipt notification generated by the recipient’s email system after sending of the email containing the notice or to which the notice is attached. Emailing notices will constitute sufficient and effective delivery when delivered to the recipient’s email account, whether or not the specific electronic communication is accessed or read.
VARIATION
1. The terms of Agreement cannot be varied other than by the mutual consent of both parties and must be evidenced in writing. The consent of Crusader Removals can only be given by a director, manager or other authorised signatory.
ASSIGNMENT
1. The Customer must not assign, transfer, mortgage, encumber or deal with any of its rights or obligations under this Agreement without Crusader Removals’ prior written consent. This Agreement will bind and benefit any successors or permitted assigns of the parties.
GOVERNING LAW AND JURISDICTION
1. Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver or abandonment of the right, power or remedy. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
2. If any provision of this Agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of this Agreement.
3. This Agreement are governed by the laws of the State of Western Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of the State of Western Australia for determining any dispute arising out of or related to this Agreement.

These terms and conditions were last modified on 10 October 2021 and are effective from that date.