BK Transportation — Terms & Conditions of Carriage & Removal Services
ABN: 93 648 206 366
“We”, “Us”, “Our” means BK Transportation (and where relevant, its agents, contractors or employees)
“You”, “Your”, “Client” means the person, company or entity engaging Our services
These Terms & Conditions apply to all bookings, quotations, contracts, and services provided by Us, including collection, removal, transport, storage, and delivery of goods (collectively, the “Services”).
1. Formation of Contract / Acceptance
1.1 A contract is formed when You accept Our quotation (in writing or electronically) or We accept Your booking, whichever occurs first.
1.2 These Terms & Conditions, together with the booking form, quotation, consignment note, job sheet or invoice, form the entire agreement between You and Us regarding the Services.
1.3 By placing an order or instructing Us to commence Services, You acknowledge that You have read, understood, and accept these Terms & Conditions.
1.4 We reserve the right to decline or cancel any booking at Our discretion, including where We consider the risk too high or circumstances change.
2. Definitions
Goods: All items, furniture, effects, containers, packaging, crates, pallets or other property which You ask Us to collect, store, transport or deliver.
Subcontractor: Any third party (other than Our employees) engaged by Us to perform any part of the Services.
Ancillary Services: Any services not directly performed by Us but arranged by Us on Your behalf (e.g. third-party transport, freight, storage).
Quote: The price estimate given by Us for the Services, based on the information You provide.
Declared Value / Insurance Value: The value of the Goods as declared by You for purposes of limiting liability or arranging insurance cover.
3. Quotation, Charges & Payment
3.1 Validity – Our quotation is valid for 30 days unless withdrawn earlier.
3.2 Basis of Charge – Charges may be by hourly rate, volume, weight, fixed price, or a combination.
3.3 Variations – Extra charges may apply for additional items, difficult access, delays, or services outside the original quote.
3.4 Deposit – We may require a non-refundable deposit prior to confirming a booking.
3.5 Payment – Full payment is due on completion unless otherwise agreed. Interest may apply to overdue accounts.
3.6 Lien – We may retain possession of Goods until all charges are paid in full.
4. Your Obligations
4.1 Accurate Information – You must provide accurate details about the Goods and access conditions.
4.2 Access – You must ensure safe and adequate access for loading and unloading.
4.3 Packing – Unless We are contracted to pack, You are responsible for safe packing of Goods.
4.4 Prohibited Items – Hazardous, illegal, flammable or perishable items must not be included unless agreed in writing.
4.5 Supervision – You or an authorised representative must be present at collection and delivery.
5. Liability
5.1 Not a Common Carrier
We are not common carriers and accept no liability as such. All Goods are carried, stored, and handled entirely at the owner’s risk, except where otherwise required by law.
5.2 Exclusions of Liability
To the maximum extent permitted by law, We are not liable for:
(a) loss, damage, delay, or deterioration of the Goods;
(b) indirect, special, or consequential loss (including lost profits or emotional distress);
(c) damage caused by inherent defects, improper packing (if not performed by Us), climatic conditions, vermin, or circumstances beyond Our control.
5.3 Australian Consumer Law
Nothing in these Terms excludes or restricts rights You may have under the Australian Consumer Law. Where such rights apply, Our liability is limited (at Our option) to re-supplying the services or paying the cost of having the services re-supplied.
5.4 Insurance
We strongly recommend You arrange appropriate insurance to cover loss or damage to Goods, as Our liability is strictly limited.
6. Cancellation, Postponement & Delay
Your Cancellation – Fees may apply depending on notice:
• Over 7 days: no fee
• 2–7 days: up to 50% of quoted price
• Less than 2 days or same day: up to 100% of quoted priceOur Cancellation – We may cancel or reschedule due to unforeseen circumstances. Prepaid amounts may be refunded less costs incurred.
Delays – We are not liable for delays due to events beyond Our control. Additional costs may apply.
7. Subcontracting
We may subcontract part or all of the Services. Any subcontractor is entitled to the same rights and protections under these Terms.
8. Force Majeure
We are not liable for failure or delay caused by circumstances beyond Our reasonable control, including weather, road closures, industrial action, accidents, or natural disasters.
9. Risk
Risk in the Goods passes to You upon delivery, unless otherwise agreed.
10. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth). Personal information is used only for providing Services, billing, and compliance with legal obligations.
11. Variation
These Terms may only be varied by written agreement.
12. Governing Law
These Terms are governed by the laws of Western Australia (unless Services are provided elsewhere). You submit to the jurisdiction of WA courts and the Federal Court of Australia.