Terms and Conditions

1. Engagement and Term
1.1 These Terms apply from the Commencement Date until the date that is the earlier of: (a) the date the Services are completed (as reasonably determined by us); or (b) the date on which these Terms are terminated.
1.2 The Services commence when we pick up or receive your goods. If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.
1.3 All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

2. Conditions of Carriage
2.1 We are not common carriers and do not accept any liability as common carriers. We may refuse to provide the Services to you or any third party, or in respect of any goods, for any reason. We may open and inspect goods at any time without notice to you to determine their nature, condition, ownership or destination. Goods may also be subject to third-party security screening.
2.2 We claim a general lien over the goods we deliver until satisfaction of the Price for the Services, and under this lien we may sell your goods by public auction or private sale to recoup any overdue charges 30 days after making reasonable efforts to contact you (except where there is a dispute between us and you, in which case clause 7.4 applies). To the maximum extent permitted by law, you irrevocably waive any right you may have to receive notices under sections 124(2), 130, 132, 135 and 157 of the Personal Property Securities Act 2009 (Cth).
2.3 Delivery occurs when: (a) we obtain an acknowledgement of delivery at the nominated delivery address; or (b) we leave the goods at the nominated delivery address where we or our personnel believe the goods are in a safe location, being somewhere believed to be out of public view and in a weatherproof position, or where you have authorised us to do so.
2.4 You agree to (and to the extent applicable, ensure that your personnel agree to): (a) provide us (and our personnel) with access to your premises (and its facilities) and any other premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties; (b) ensure that information you provide us it accurate and complete, otherwise it may impact our ability to provide the Services; (c) accurately describe the nature, weight, measurements and value of the goods we are to deliver, and declare when goods to be delivered may be classified as ‘dangerous’ or ‘hazardous’ or similar under relevant law; (d) take out adequate insurance for the goods, either yourself or through our nominated providers; (e) ensure that the goods you ask us to deliver are appropriate packaged to prevent damage or destruction; and (f) not ask us to deliver any goods that are prohibited or unlawful items, or any items for which regulatory approvals or consents are required. If we discover that you have asked us to deliver an item that would be unlawful to deliver, we may refuse to deliver it and you will not be entitled to a refund of the Price or to have the item returned to you (and we may give the item to the appropriate authorities).

3. Price and Payment
3.1 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at law): (a) after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or (b) charge interest at a rate equal to 2.5% per month, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
3.2 You are responsible for paying the following charges at the rate charged to us by the relevant third parties: (a) excise, customs duty or applicable taxes (including any fine or penalty not directly caused by us) in relation to the goods you ask us to deliver; (b) demurrage or detention; or (c) charges incurred to comply with any law or regulation or with the requirement of any harbour, dock, railway, shipping provider, airport, customs authority, excise authority or warehouse.
3.3 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these
charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4. Australian Consumer Law
4.1 Certain legislation, including the ‘Australian Consumer Law’ under the Competition and Consumer Law Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.
4.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

5. Liability
5.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law: (a) risk in the goods you ask us to deliver remains with you at all times (and you should take out insurance to cover risk of loss or damage); (b) neither Party will be liable for Consequential Loss; (c) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its personnel), including any failure by that other Party to mitigate its loss; and (d) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and (e) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

6. Termination
6.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: (a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or (b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
6.2 Upon expiry or termination of these Terms: (a) we will immediately cease providing the Services; (b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you; (c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; (d) by us pursuant to clause 6.1 , you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and (e) we may retain your documents and information (including copies) to the extent required by law or any data back-up procedure.
6.3 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

7. General
7.1 Amendment: Subject to clauses 1.3 , these Terms may only be amended by written instrument executed by the Parties.
7.2 Assignment: Subject to clauses 7.3 , a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
7.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
7.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
7.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by an event or circumstance occurring outside of that Party’s reasonable control.
7.6 Governing Law: These Terms are governed by the laws of Victoria and disputes about the Services must be heard in Victoria.
7.7 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship.
7.8 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
7.9 Survival: Clauses 4 to 6 will survive the termination or expiry of these Terms.

8. Definitions In these Terms, unless the context otherwise requires:

Business Day means a day on which banks are open for general banking business in Melbourne, Victoria, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date that is the earlier of: (a) the date that you ask us to begin supplying the Services; or (b) the date that you make part or full payment of the Price.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Your obligation to pay us the Price does not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 4.1 .
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Payment Terms means the timings for payment of the Price, which is 7 days from the date of our invoice, unless otherwise agreed to.
Price means the price set out on our website.
Services means the services set out on our website when you accept these Terms.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.