1. Agreement

1.1 These Conditions constitute an offer by the Company to provide Services to the Client. The Client is deemed to have accepted these Conditions upon requesting, permitting, or allowing the Company to perform any part of the Services, regardless of whether those Services are fully completed.

1.2 Upon acceptance, the Company agrees to perform the Services for the Client subject to these Conditions.

1.3 Except to the extent otherwise explicitly agreed in writing between the parties, these Conditions govern the relationship between the Company and the Client in relation to the Services and will prevail over any other document, including any terms and conditions of the Client, to the extent of any inconsistency.

1.4 The Client acknowledges that it has not relied on, and shall have no remedy in respect of, any representation, inducement, warranty, or promise which is not expressly set out in these Conditions.

1.5 These Conditions may only be varied by agreement in writing between the parties. The Company may from time to time publish updated Conditions on its website, and such updated Conditions shall apply to all Services booked after the date of publication, unless otherwise expressly agreed in writing by the Company. For the avoidance of doubt, any Services booked prior to the date of publication shall remain governed by the Conditions in force at the time of booking.

1.6 These Conditions constitute the entire agreement between the parties in relation to the Services and supersede all prior discussions, negotiations, representations, or agreements.

1.7 Any obligations of the Client relating to payment, indemnity, limitation of liability, confidentiality, or dispute resolution shall survive termination, cancellation, or completion of the Services.

1.8 In the event of any conflict or inconsistency between these Conditions and any quotation, estimate, invoice, manifest, or other document or communication issued by the Company, these Conditions shall prevail to the fullest extent permitted by law.

1.9 If any provision of these Conditions is held to be invalid, void, or unenforceable (in whole or in part), such provision shall be read down or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

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2. Services

2.1 The Company shall provide the Client with the Services as requested by the Client, at a time agreed between the parties.

2.2 The Services are those services the Client requests be provided by the Company, and may include:

(a) services in the nature of or related to relocation, removalist, and transportation of goods;

(b) any services ancillary or related to the services described in clause 2.2(a);

(c) storage of goods; and

(d) provision of advice or recommendations,

(together, the Services).

2.3 The Services expressly exclude the handling, storage, or transportation of prohibited, dangerous, unlawful, perishable, or high-value items (including but not limited to cash, jewellery, precious metals, antiques, works of art, firearms, explosives, hazardous substances, animals, environmentally regulated substances, or items requiring specialist handling), unless expressly agreed in writing by the Company. The Company is not a Common Carrier and reserves the right, in its sole discretion, to refuse to transport, store, or deal with any goods or class of goods whatsoever.

2.4 The Client is responsible for providing adequate, safe, and timely access to the relevant site or premises at the times and dates agreed between the parties for the provision of the Services. If adequate access is not available at the agreed time, the Company may charge the Client reasonable waiting time fees at its prevailing hourly rates, in addition to the Price.

2.5 The Client will take delivery of any goods transported by the Company at the agreed time, date, and place. If the Client is unable to take delivery as arranged, the Company may, at its option, leave the goods at the location unattended (at the Client’s sole risk) or return at a later time, storing the goods at any convenient place in the meantime. In such circumstances, the Company shall have no liability for any loss, damage, or theft of the goods once deposited, and the Client shall be liable for all additional charges incurred, including storage, handling, and re-delivery.

2.6 All Services are performed by a standard team of two (2) movers. Any reference by the Company to a “team” means two (2) movers unless expressly stated otherwise. Standard quoted prices include two (2) movers only. Any additional movers requested by the Client shall be provided at the Company’s discretion and at an additional cost determined by the Company. If, in the Company’s reasonable opinion, additional movers, labour, or time are required due to circumstances not disclosed by the Client (including but not limited to stairs, restricted access, excessive weight, or difficult access conditions), the Company may supply such additional labour and charge the Client at its prevailing rates, in addition to the Price.

2.7 The Company makes no representation, guarantee, or commitment regarding the depot from which any truck or vehicle will be dispatched for a booking, unless expressly confirmed in writing prior to the date of service. The Company is under no obligation to allocate a vehicle from any specific depot unless such obligation has been expressly agreed in writing. Dissatisfaction with the depot of origin or allocation shall not entitle the Client to any reduction, abatement, or compensation. The Client must not publish or disseminate any false, misleading, defamatory, or maliciously damaging statements in relation to the depot allocation or the Services. Nothing in this clause limits the Client’s right to publish fair and accurate reviews.

2.8 The Client shall be liable for, and must on demand pay to the Company, all losses, damages, costs, charges, and expenses suffered or incurred by the Company as a result of:

(a) any breach by the Client of this Clause 2;

(b) any failure to provide safe, timely, and adequate access to premises; or

(c) any misrepresentation or omission by the Client in relation to site or job conditions.

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3. Price and Payment

3.1 The Price payable for the Services is the amount agreed or charged by the Company as recorded in any quotation, email, invoice, manifest, or other document, or as otherwise notified by the Company to the Client in writing or verbally (Price).

3.2 The Client acknowledges and agrees that the payment obligations and enforcement rights set out in Clause 4 (Payment Prior to Completion of Services) and Clause 4A (Lien, Retention and Disposal of Goods) form an integral part of these Price and Payment terms and conditions and are incorporated into this Clause by reference.

3.3 Where the Client fails to make payment in accordance with this Agreement, the Client must pay to the Company interest on all overdue amounts at the rate of fifteen percent (15%) per annum, or such lower maximum rate as permitted by law, accruing daily and compounding monthly, until payment in full is received. This interest is a genuine pre-estimate of the Company’s costs of administering overdue accounts and is not a penalty.

3.4 The Company may, in its discretion, refer any unpaid account to an external debt collection agency or legal representative for recovery. In such event, the Client shall be liable for, and must on demand reimburse, all costs, charges, and expenses incurred by the Company in recovering any outstanding amounts, including without limitation debt collection agency fees and full legal costs on an indemnity basis.

3.5 Unless expressly stated otherwise, the Price excludes all statutory or Government charges, duties, levies, or taxes (including Goods and Services Tax (GST)). Where GST or any other tax or charge is payable on the Services, the Client shall pay such amount to the Company in addition to the Price, at the same time as payment of the Price.

3.6 The Client acknowledges and agrees that payment in full for the Services is required to be made and cleared prior to the issuance of any tax invoice. The absence of a tax invoice shall not constitute grounds for withholding, delaying, or refusing payment. Upon receipt of cleared funds, the Company shall issue a valid tax invoice to the Client within the timeframe required by, and in compliance with, applicable taxation laws.

3.7 All payments made by the Client via credit card, debit card, or any other electronic payment method are subject to transaction fees, surcharges, or other charges imposed by the relevant third-party payment provider. Such fees are additional to the Company’s advertised rates and charges and are payable by the Client in full without exception. The applicable fee is not determined by the Company but is set by the third-party payment provider. The Client expressly acknowledges and agrees that they remain solely responsible for these charges, and that such fees are non-refundable under any circumstances.

3.8 The Client indemnifies and must keep indemnified the Company, its directors, employees, contractors, and agents from and against all claims, demands, losses, liabilities, damages, costs, charges, expenses (including debt collection agency fees and legal costs on a full indemnity basis), and proceedings of any kind arising out of or in connection with:

(a) the Client’s failure, refusal, or neglect to make payment in accordance with this Agreement;

(b) any chargeback, reversal, or dispute of an electronic or card payment initiated by or on behalf of the Client;

(c) any attempt by the Client to withhold, offset, or deduct amounts properly due to the Company; and

(d) the enforcement or attempted enforcement by the Company of its rights under this Clause 3, Clause 4, or Clause 4A.

3.9 Charges for the Services will be calculated strictly in accordance with Clause 5 (Minimum Booking Periods and Increments), which sets out the minimum booking periods, billing increments, and examples of how charges are applied.

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4. Payment Prior to Completion of Services

4.1 The Client acknowledges and expressly agrees that payment of the full Price for the Services is an absolute condition precedent to the completion of the Services, i.e. the Client must pay for the Service in full before their goods are unloaded from the truck. All amounts are strictly due and payable in cleared funds prior to the Company completing the unloading of any items. The Company may, in its sole and unfettered discretion, suspend, delay, or withhold completion of any Services until payment has been received in full.

4.2 The Client agrees and warrants that this requirement is fair, reasonable, and forms a fundamental and non-severable term of the Company’s engagement.

4.3 For the avoidance of doubt, failure by the Client to make payment in accordance with this Clause entitles the Company to exercise its rights of lien, retention, storage, and disposal of goods as set out in Clause 4A, in addition to any other rights or remedies available to the Company at law or in equity.

4.4 The Client shall be liable for, and must on demand pay to the Company, all claims, demands, actions, liabilities, losses, damages, costs, charges, and expenses (including legal costs on a full indemnity basis) suffered or incurred by the Company in connection with:

(a) any exercise by the Company of its rights of lien, retention, storage, or disposal of goods under Clause 4 or Clause 4A; and

(b) any allegation, claim, or dispute by the Client or any third party (including any claim of ownership or competing rights) regarding the Company’s lawful exercise of its rights under Clause 4 or Clause 4A.

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4A. Lien, Retention and Disposal of Goods

4A.1 Without limiting Clause 4, the Company shall have a contractual lien and right of retention over all goods of the Client in its possession until payment in full has been received.

4A.2 If the Client fails, refuses, or neglects to make payment of the full Price as required under this Agreement:

(a) the Company shall be entitled to retain possession of the Client’s goods until payment in full has been received;

(b) the Company may, at its sole discretion, retain and store the Client’s goods at any location it deems appropriate, for a period of up to fourteen (14) days, during which time the Client shall remain fully liable for all costs, charges, and expenses incurred by the Company including (without limitation) storage, handling, insurance, administration, and interest on all outstanding amounts at the rate of fifteen percent (15%) per annum, accruing daily and compounding monthly, until payment in full is received; and

(c) If payment in full (including all additional costs, charges, interest, and expenses) has not been received within the fourteen (14) day period, the Company shall be irrevocably authorised, without further notice to the Client, to sell, dispose of, destroy, or otherwise deal with the goods in such manner as the Company, in its absolute discretion, determines, subject always to compliance with Clause 4A.3. The Client irrevocably waives any right to notice, objection, or claim in relation to such disposal, except to the extent such rights cannot be waived under applicable law.

4A.3 The Company shall exercise its rights of lien, retention, storage, sale, disposal, or destruction in accordance with the legislation governing the disposal of uncollected goods in the jurisdiction in which the Services are performed, including but not limited to the Acts listed in Schedule 1.

4A.4 Any sale, disposal, destruction, or other dealing with the Client’s goods under this clause shall not affect or extinguish the Client’s ongoing liability for any shortfall in the debt (together with any additional costs, charges, interest, and expenses) after application of sale proceeds.

4A.5 To the fullest extent permitted by law, the Company shall have no liability whatsoever to the Client (whether in contract, tort, statute, or otherwise) for any loss, damage, diminution in value, or claim arising directly or indirectly out of or in connection with the retention, storage, handling, sale, disposal, destruction, or other dealing with the Client’s goods pursuant to this clause, whether foreseeable or not, including without limitation loss of profit, loss of opportunity, or reputational harm.

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5. Minimum Booking Periods

5.1 The Company applies strict minimum payable timeframes for all bookings, regardless of the Client’s requirements on the day. The applicable minimum periods are set out in Schedule 2.

5.2 The allocation of truck size for any booking shall be determined at the sole discretion of the Company, based on operational requirements and availability. The Client acknowledges and agrees that the minimum payable timeframe shall apply to the truck size allocated by the Company, and is payable in full irrespective of:

(a) the Client’s requested truck size;

(b) the actual duration of the Services (where less than the minimum period); or

(c) whether the Services could have been completed in a shorter period using a different truck size.

5.3 All charges are calculated on a depot-to-depot basis, and the applicable minimum period includes travel to and from the depot, as well as time spent performing the Services at the Client’s site.

5.4 All Services beyond the applicable minimum period will be charged in increments of thirty (30) minutes, with any partial increments rounded up to the next full thirty (30) minutes. The Client acknowledges and agrees that rounding up applies regardless of whether the Services exceed the prior increment by only a few minutes. Examples of how increments apply are set out in Schedule 2.

5.5 The Client acknowledges and agrees that no refund, discount, abatement, or reduction of fees is available where:

(a) the duration of the Services is less than the applicable minimum booking period; or

(b) the total time is rounded up in accordance with Clause 5.4.

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6. Cancellation and Late Cancellation Fees

6.1 The Client must provide the Company with written notice of cancellation, delivered by email, no later than forty-eight (48) hours prior to the scheduled commencement of the Services.

6.2 Where the Client fails to provide such notice, the Client shall be liable to pay a late cancellation fee equal to the fees payable for the applicable minimum booking period specified in Clause 5, plus an additional fifty percent (50%) of those fees. The parties acknowledge that these fees represent a genuine pre-estimate of the Company’s loss, including administrative costs, lost opportunity, and scheduling inefficiencies, and are not a penalty.

6.3 The late cancellation fee shall become immediately due and payable and must be paid within forty-eight (48) hours of the scheduled booking start time. If payment is not made within this period, the Company may, at its sole discretion, charge a further reasonable administrative fee of $100. The Company may also deduct or set off any late cancellation fee (including any administrative fee) against any deposit, prepayment, or other amount already paid by the Client.

6.4 If the Client makes a booking within forty-eight (48) hours of the scheduled commencement of the Services and subsequently cancels that booking at any time prior to the commencement of the Services, the Client shall remain fully liable for the late cancellation fee described in Clause 6.2. The Client acknowledges and agrees that in such circumstances, the short notice provided deprives the Company of the opportunity to allocate resources to other work and that the late cancellation fee is fair, reasonable, and a genuine pre-estimate of the Company’s loss.

6.5 If a Client books a job scheduled for a weekend or public holiday and subsequently reschedules that job to a weekday within forty-eight (48) hours of the original scheduled start time, the Client remains liable to pay the applicable weekend or public holiday rate for that booking, notwithstanding that the rescheduled job is performed on a weekday.

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7. Service Availability, Limitations, and Client Obligations

7.1 The Client acknowledges and agrees that, notwithstanding any booking request or confirmation, the Company does not and cannot guarantee the provision of a vehicle of a particular size, or a specific number of staff or contractors, for any job. The Client further acknowledges that the availability of vehicles and personnel is subject to factors outside of the Company’s reasonable control, including but not limited to mechanical breakdowns, equipment failures, traffic incidents, accidents, delays, or the non-attendance of staff or contractors.

7.2 In circumstances where a scheduled vehicle or staff member becomes unavailable, the Company shall use reasonable efforts to complete the Client’s job on the scheduled day. The Client accepts that such efforts may require the use of a smaller vehicle, reduced crew numbers, or other alternative arrangements, which may extend the overall job duration.

7.3 The Client expressly acknowledges and agrees that, to the fullest extent permitted by law, and in addition to the exclusions of liability set out in Clause 8.2:

(a) the Company shall not be liable for any actual, consequential, indirect, special, incidental, or perceived losses, damages, costs, or expenses of any kind arising from or in connection with the unavailability of a vehicle, equipment, or personnel, or from any delay, rescheduling, substitution, or inability to complete the Client’s job in whole or in part;

(b) the Client shall not be entitled to any discount, concession, abatement, reduction, offset, or withholding of fees or charges as a result of such circumstances, unless granted in writing at the sole discretion of the Company; and

(c) the Client remains fully liable to pay all fees and charges in accordance with the Company’s prevailing rates, including but not limited to charges for the total time duration of the job (including depot-to-depot time), travel, waiting, and any other applicable fees.

7.4 The Client acknowledges and agrees that dissatisfaction with vehicle size, crew numbers, depot allocation, or any other circumstances arising under this clause does not entitle the Client to any reduction, abatement, or compensation, nor to publish or disseminate any false, misleading, defamatory, or maliciously damaging statements (whether online or otherwise) regarding the Company or the Services. Any such publication or attempt by the Client constitutes a breach of this Agreement, and the Client shall be liable for, and must on demand pay to the Company, all losses, damages, costs, charges, and expenses (including legal costs on a full indemnity basis) suffered or incurred by the Company as a result. The Company reserves the right to pursue all available legal remedies, including but not limited to damages, injunctive relief, and recovery of costs. Nothing in this clause limits the Client’s right to publish fair and accurate reviews.

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8. Indemnity and Limitation of Liability

8.1 Definitions

For the purposes of this Agreement:

(a) Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

(b) Consequential Loss means any loss of revenue, profits, anticipated savings, opportunity, data, goodwill, business interruption, or any indirect, special, exemplary, or punitive loss or damage, however caused (including negligence); and

(c) Loss means any liability, cost, expense, damage, charge, or claim of any nature (including legal and debt recovery costs on a full indemnity basis), whether present or future, fixed or unascertained, actual or contingent.

8.2 Limitation of Liability

(a) To the fullest extent permitted by law, the Company excludes all warranties, guarantees, conditions, or representations not expressly set out in this Agreement.

(b) The Company shall not be liable to the Client (whether in contract, tort, statute, equity, or otherwise) for:

(i) any Consequential Loss; or

(ii) any Loss arising out of or in connection with the inherent risk of loss, theft, or damage to the Client’s goods, property, or premises during the provision of the Services, including risks that arise despite the Company taking reasonable care, except where such loss, theft, or damage arises solely from the proven gross negligence or wilful misconduct of the Company.

(c) Subject always to Clause 8.3, the Company’s total aggregate liability for any Loss is limited to the lesser of:

(i) the Price paid by the Client for the relevant Services; or

(ii) the amount recoverable by the Company under any relevant insurance policy.

8.3 Non-Excludable Rights

Nothing in this Agreement is intended to exclude or restrict any rights, remedies, or guarantees that cannot be excluded under the ACL. If the Client is a Consumer under the ACL, the Company’s liability for failure to comply with a consumer guarantee in relation to the Services is limited (at the Company’s option) to:

(a) resupply of the Services; or

(b) payment of the cost of having the Services supplied again.

8.4 Indemnity

To the maximum extent permitted by law, the Client indemnifies and must keep indemnified the Company, its directors, employees, contractors, and agents from and against all claims, demands, actions, liabilities, losses, damages, costs, charges, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

(a) any breach by the Client of this Agreement;

(b) any negligent, unlawful, or wilful act or omission of the Client, its employees, agents, or contractors;

(c) any damage to property, loss, or injury caused or contributed to by the Client in connection with the Services; and

(d) any claim made by a third party against the Company arising directly or indirectly out of or in connection with the Services, except to the extent such claim arises solely from the proven gross negligence or wilful misconduct of the Company.

8.5 Continuing Obligations

The Client’s indemnity obligations are:

(a) continuing obligations independent of the Client’s other obligations under this Agreement;

(b) not affected by termination, expiry, or completion of the Services; and

(c) enforceable by the Company without the need to incur any expense or make any payment before enforcing its rights.

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9. General

9.1 The Company may terminate these Conditions by giving the Client notice in writing if any of the following occur:

(a) the Client fails to pay the Price within the time for payment under these Conditions;

(b) the Client becomes bankrupt, insolvent, or has an administrator, liquidator, or receiver appointed, or any party applies to wind up the Client; or

(c) the Client is in breach of this Agreement and fails to rectify that breach within five (5) business days after the Company, in writing, requires the Client to do so, or immediately if the breach is incapable of remedy.

9.2 The Client acknowledges that it has not relied on, and will not rely on, any representation, inducement, warranty, or promise made by or on behalf of the Company that is not expressly set out in this Agreement. This clause applies to the fullest extent permitted by law.

9.3 This Agreement is governed by the laws of the State or Territory in which the Services are supplied or performed. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts that may hear appeals from those courts.

9.4 The Client must ensure that it holds and maintains adequate insurance coverage appropriate to the Services, including (where reasonably practicable and proportionate to the nature of the Services) public liability, property, and contents insurance sufficient to cover any risks arising from the Services.

9.5 These Conditions shall not be construed against a party merely because that party prepared, proposed, or relies upon them.

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Schedule 1 – Disposal of Uncollected Goods Legislation

• Uncollected Goods Act 1995 (NSW)

• Australian Consumer Law and Fair Trading Act 2012 (VIC), Part 4.2

• Disposal of Uncollected Goods Act 1967 (QLD)

• Disposal of Uncollected Goods Act 1970 (WA)

• Disposal of Uncollected Goods Act 2023 (SA)

• Uncollected Goods Act 1968 (TAS)

• Uncollected Goods Act 1996 (ACT)

• Uncollected Goods Act 2004 (NT)

Schedule 2 – Minimum Periods and Increments

Minimum Booking Periods:

• Small Truck: 3 hours

• Medium Truck: 4.5 hours

• Large Truck: 6 hours

• Extra-Large Truck: 7.5 hours

Increment Examples:

• If a job takes four (4) hours and three (3) minutes, the Client will be charged for four (4) hours and thirty (30) minutes.

• If a job takes five (5) hours and thirty-five (35) minutes, the Client will be charged for six (6) hours.

• If a job takes three (3) hours and forty-five (45) minutes, the Client will be charged for four (4) hours.