1. Definitions
    1. “Removalist” means NG Removalists Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of NG Removalists Pty Ltd.
    2. “Client” means any person/s requesting the Removalist to provide the Services, or person/s acting on behalf of and with the authority of the Client (including any sender, consignor, actual owner of the Goods, bailer, consignee/s or the Goods, as well as their agents) entering into this contract (and is not limited to the person/s identified in the schedule) both in its own personal capacity and for and on behalf of any principal(s) or trust(s), whether or not disclosed to the Removalist. Where the Client comprises two or more persons, the obligations imposed and rights conferred upon the Client by this contract shall be imposed and conferred upon each person forming the Client, severally and all of them jointly, including all charges for Services provided by the Removalist.
    3. “Consignee” shall mean the person to whom the Goods are to be delivered by way of the Removalist’s Services.
    4. “Goods” means any goods or cargo together with any container, packaging, or pallet(s) which the Client has requested or arranged to be moved from one place to another by way of the Removalist’s Services, or for storage by the Removalist.
    5. “Services” means all services provided by the Removalist to the Client at the Client’s request from time to time, as described on the quotations, invoices, consignment note, manifests, sales order or any other forms as provided by the Removalist to the Client, and includes storage and pre-packing of the Goods, any advice or recommendations.
    6. “Price” means the Price payable (plus any GST where applicable) for the Services as agreed between the Removalist and the Client subject to clause 6 of this contract.
    7. “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
    1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
    2. Where the Client purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
    3. Liability of the Carrier arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the CCA or howsoever arising, is limited to any of the following as determined by the Carrier:
      1. rectifying the Services; or
      2. providing the Services again; or
      3. paying for the Services to be provided again.
    4. If the Carrier is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 2.3 or the CCA, but is unable to do so, then the Carrier may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.
3. Acceptance
    1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by the Removalist.
    2. These terms and conditions shall apply to any contract for the carriage of Goods (or the provision of other Services) that was entered into after being given reasonable opportunity to view them on the Removalist’s website, or as a result of the acceptance of any quotation accompanied by these terms and conditions. These terms and conditions shall also apply to any further such contracts if they are entered into without reference to any other conditions.
    3. These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Removalist.
    4. These terms and conditions are to be read in conjunction with the Removalist’s quotation, consignment note, agreement, airway bills, manifests, or any other forms as provided by the Removalist to the Client. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
    5. None of the Removalist’s agents or representatives are authorised to make any representations, statements, promise, warranty, conditions or contracts not expressed by the manager of the Removalist in writing, nor is the Removalist bound by any such unauthorised statements.
    6. The Removalist is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Removalist subject only to these conditions and the Removalist reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.
    7. The Client expressly warrants to the Removalist that the Client is either the owner, or the authorised agent of the owner, of any Goods or property that is the subject matter of this contract of cartage and/or storage, and by entering into this contract the Client accepts these conditions of contract for all other persons on whose behalf the Client is acting.
    8. The Client recognises that there are always risks involved in the carriage of Goods, or the provision of Services, under this contract, many of which are outside the Removalist’s or the Client’s control. All basic quoted prices are for the provision of carriage and other services whereby the Client understands and accepts that there are such risks, accepts any financial detriment or other losses that may result from the performance or non-performance of such work, and agrees that the Removalist shall not be responsible or liable for such losses. The effect of this clause may be varied where the Client chooses an Insurance option (see clause 13) or where it is otherwise agreed in writing.
    9. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4. Errors & Omissions
    1. The Client acknowledges and accepts that the Removalist shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      1. resulting from an inadvertent mistake made by the Removalist in the formation and/or administration of this contract; and/or
      2. contained/omitted in/from any literature (hard copy and/or electronic) supplied by the Removalist in respect of the Services.
    2. In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of the Removalist; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.
5. Change in Control

The Client shall give the Removalist not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Removalist as a result of the Client’s failure to comply with this clause.

6. Price and Payment
    1. At the Removalist’s sole discretion the Price shall be either:
      1. as indicated on any invoice provided by the Removalist to the Client; or
      2. the Removalist’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    2. The Removalist reserves the right to change the Price:
      1. if a variation to the Removalist’s quotation is requested. An additional charge of one hundred dollars ($100.00) shall be applicable for the carriage of substantially heavy items, such as pool tables or pianos;
      2. to reflect any increase in the cost to the Removalist beyond the reasonable control of the Removalist (including, without limitation, foreign exchange fluctuations, or increases in taxes, customs duties, insurance premiums, or warehousing costs);
      3. after re-weighing, or re-valuing or re-measuring the Goods;
      4. in the event that any information supplied by the Client at the time of quotation is incorrect, inadequate, or inaccurate. The Removalist reserves the right (at its sole discretion) to either change the Price or to perform the Services strictly in accordance with the original quotation. If the Removalist agrees to perform the additional/alternative Services, the Price shall be varied pro-rata to allow for an adjustment in quantity, volume and/or weight of the Goods, plus additional loading and unloading times;
      5. if the loading or unloading process is delayed for a period of time in excess of thirty (30) minutes due to any factor outside of the Removalist’s control, an additional charge shall apply for such delay based on the Removalist’s usual hourly rate.
    3. At the Removalist’s sole discretion, a non-refundable deposit may be required.
    4. The Removalist’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and dispatched from the Client’s premises.
    5. Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by the Removalist, which may be:
      1. on provision of the Services;
      2. before provision of the Services;
      3. the date specified on any invoice or other form as being the date for payment; or
      4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Removalist.
    6. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card – Visa, MasterCard or American Express (plus a credit card processing fee may apply per transaction), or by any other method as agreed to between the Client and the Removalist.
    7. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Removalist nor to withhold payment of any invoice because part of that invoice is in dispute.
    8. Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Removalist an amount equal to any GST the Removalist must pay for any provision of Services by the Removalist under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
    9. The Client acknowledges and agrees that the Client’s obligations to the Removalist for the provision of the Services shall not cease until:
      1. the Client has paid the Removalist all amounts owing for the particular Services; and
      2. the Client has met all other obligations due by the Client to the Removalist in respect of all contracts between the Removalist and the Client.
    10. Receipt by the Removalist of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Removalist’s ownership or rights in respect of the Services shall continue.
7. Provision of the Services
    1. If the Client instructs the Removalist to use a particular method of carriage whether by road, rail, sea or air the Removalist will give priority to the method designated but if that method cannot conveniently be adopted by the Removalist the Client shall be deemed to authorise the Removalist to carry or have the Goods carried by another method or methods.
    2. The Client shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of the Removalist be deemed reasonable or necessary in the circumstances.
    3. The Client hereby authorises the Removalist (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any Goods that are the subject of the contract. Any such arrangement shall be deemed to be ratified by the Client upon delivery of the said Goods to such sub-contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Removalist. In so far as it may be necessary to ensure that such sub-contractor shall be so entitled the Removalist shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor.
    4. The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Removalist shall be entitled to either leave the Goods at the unattended location (left at the Client’s sole risk), or to return at a later time until delivery in completed (storing the Goods at any convenient place in the meantime), and the Client agrees to pay any reasonable additional charges incurred thereby to the Removalist.
    5. Any time specified by the Removalist for the delivery of Goods is an estimate only and the Removalist will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Removalist is unable to deliver the Goods as agreed solely due to any action or inaction of the Client then the Removalist shall be entitled to charge the Client any additional costs incurred by the Removalist as a direct consequence of any resultant delay or rescheduling of the delivery.
8. Client-Packed Containers
    1. If the Goods have not been packed by or on behalf of the Removalist, the Removalist shall not be liable for loss of or damage to the Goods caused by:
      1. the manner in which the Goods have been packed; or
      2. the unsuitability of the Goods for carriage or storage in the container(s); or
      3. the unsuitability or defective condition of the container(s).
    2. The Removalist shall, unless specifically instructed by the Client, pre-pack the Goods to a standard which suits the distance those Goods are to be transported.
    3. The Client agrees to notify the Removalist in writing, prior to pick up, of any Goods that are inherently fragile or of a nature or value that is not readily apparent, and of any special precautions which should be taken when carrying the Goods, of which the Removalist cannot be reasonably expected to be aware.
    4. Goods requiring special appliances for loading and/or unloading are accepted for carriage only on condition that such appliances are made available by the Client at the collection and/or delivery address. If the Removalist is, without prior arrangement, called upon to load and/or unload such Goods, the Removalist shall not be liable to the Client for any loss whatever, howsoever caused, arising out of such loading and/or unloading and the Client shall indemnify the Removalist against all claims and demands whatsoever which could not have been made if such assistance had not been given.
9. Client’s Responsibility
    1. The Client expressly warrants to the Removalist that:
      1. the Client is either the owner or the authorised agent of the owner of any Goods or property that is the subject matter of this contract, and by entering into this contract the Client accepts these terms and conditions for the Consignee as well as for all other persons on whose behalf the Client is acting;
      2. the Goods are fit for carriage, comply with any applicable legal requirements relating to the nature, condition and/or packaging of the Goods (and that the expenses of complying with such requirements or any other lawful requirements of any authority, other body or the company shall be at the Client’s cost) and are not Dangerous Goods;
      3. the person handing over the Goods to the Removalist is authorised to sign and accept these terms and conditions;
      4. it is solely the Client’s responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery;
      5. any packaging, labelling and/or marking by the Client accurately describes the Goods as to content, weight and method of handling or otherwise, complies with applicable dangerous goods codes, any other applicable laws and with any relevant Australian or international standards;
      6. at the Removalist’s discretion, where differences or omissions between address and/or contact information written on the consignment and/or other documentation or in any form of communication (including, but not limited to, email and telephone) provided by the Client to the Removalist, the Removalist shall reserve the right to choose which delivery information is followed and shall not be held liable for any associated costs in relocation of the Goods if this address is the incorrect one.
    2. The Client shall indemnify the Removalist against any loss (including any fine, levy, charge or other monetary imposition to which the Removalist may become liable incidental to the carriage) damage, death or injury, including loss or damage to the Removalist’s containers and/or equipment arising out of:
      1. the Client’s unreasonable detention of any vehicle container or other equipment of the Removalist;
      2. any breach of the Client’s warranties under clause 9.1, including the failure to comply with clause 9.1(e).
10. Dangerous Goods
    1. Goods are accepted by the Removalist on the condition that they comply with the requirements of any applicable law relating to the nature, condition and packaging of the Goods. The Client agrees to:
      1. to notify the Removalist in the event that any Dangerous Goods Act or similar legislation (“DGA”) applies to the Goods, and guarantees that all requirements of any such laws have been met;
      2. ensure that the Goods are fully described in writing on all relevant paperwork, including their name and nature, and in the case of Goods to which a DGA applies, are accompanied by a consignment note that complies with the Act, etc.
    2. Where Dangerous Goods and/or anything likely to encourage vermin or pests are accepted for carriage the Client warrants that the carriage thereof is not prohibited and they have fully disclosed in writing to the Removalist before the Removalist has taken possession of the Goods the full particulars and description of the Goods, the nature and value of the Goods, all requirements of lawful authorities for such carriage and all other relevant information.
    3. The Removalist may, at its discretion, at the Client’s expense and without compensation thereto or to any other person with an interest in the Goods and without prejudice to its charges or any other rights hereunder:
      1. remove, sell, destroy or otherwise dispose of any undeclared Dangerous Goods in its possession without being responsible or accountable for the value thereof to the Client or any other person with an interest thereto;
      2. dispose of or destroy or abandon or render harmless any Goods which the Removalist believes have deteriorated or become objectionable, unwholesome, infested with vermin or pests, or a source of danger or contamination, or any declared Dangerous Goods which are or are liable to become of a dangerous, inflammable, explosive, volatile, offensive or damaging nature.
11. Loss or Damage
    1. The Client acknowledges that:
      1. the Goods are carried and stored at the Client’s sole risk and not at the risk of the Removalist; and
      2. unless otherwise agreed in writing, the Removalist is under no obligation, and under no circumstances will the Removalist be under any liability, to arrange insurance of the Goods and it remains the Client’s responsibility to ensure that the Goods are insured adequately or at all. No claim will be made against the Removalist for failure to arrange or ensure that the Goods are insured adequately or at all.
    2. Save as expressly provided in these terms and conditions and subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods, the Removalist shall not be liable to the Client for any loss or damage suffered by the Client directly or indirectly caused by:
      1. any damage loss or destruction to Goods whilst in the possession of the Removalist, whether in transit (which includes, amongst other things, any packing, handling, installation, removal, assembly or erection), or in storage, or after they have been delivered or mis-delivered;
      2. a mis-delivery, delay in delivery or non-delivery of Goods;
      3. the carriage of Goods by a route other than the shortest or usual route;
      4. any failure to collect cash on delivery (COD) on behalf of the Client;

and this clause shall apply whether or not any such occurrence was due to any wilful, fraudulent negligent or other act or omission of the Company.

    1. For the purpose of clause 12, “loss or damage” shall include all or any direct or consequential loss or damage to the Client whatsoever and howsoever arising and without limiting the generality of the foregoing includes loss of profits, liabilities of the Client to third parties (whether actual or contingent) the cost of repair or replacement of Goods and the cost of collecting and redelivering Goods.
    2. The reference in clause 11.2(a) to damage or to loss and destruction of Goods shall include damage loss or destruction caused by:
      1. fire, overturning, collision road or rail accident involving the conveying vehicle;
      2. theft; or
      3. mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever.
    3. The Client shall indemnify the Removalist against any action, claim, suit, fine or demand brought by any third party, the Client or the owner of the Goods, against the Removalist as a result of or in connection with any breach by the Client of any term of this contract or the occurrence of any of the events listed in this clause or clauses 2, 11 or 20, and this indemnity shall extend to the reasonable solicitor client costs of the Removalist in defending any action and in enforcing this indemnity.
12. Valuation of the Goods
    1. Where it is necessary to value the Goods, the following principles shall be applied and used for determining the current market value of those Goods unless there is clear evidence to the contrary:
      1. items less than five (5) years old shall be depreciated from their purchase price (or if this cannot be ascertained, a reasonable estimate of the purchase price) to account for the reduction in their value for age, condition, wear and tear, on the basis of the diminishing value method from the date of purchase or acquisition at the rate of twenty percent (20%) per annum (e.g. item is purchased four (4) years ago for one thousand dollars ($1000); depreciated value at twenty percent (20%) = $1000 x0.8×0.8×0.8×0.8 = $409);
      2. items over five (5) years old shall be valued at twenty-five (25%) of the current market value of a new item of similar type and function at the time of commencement of this contract.
    2. Valuations obtained in accordance with clause 13:
      1. shall be subject to the following maximum values;
      2. the value of the contents of individual cartons, bags, packages or containers of any type with a value of over two hundred and fifty dollars ($250) are deemed to be limited to a maximum thereof unless the Client notifies the Removalist in writing of a higher value prior to pickup;
      3. the value of all other items, shall be deemed to be limited to a maximum of one thousand five hundred dollars ($1500) per item unless the Client notifies the Removalist in writing of an alternate value prior to pickup.
    3. Nothing in this clause shall operate in any way to extend the liability of the Removalist or to vary clauses 2, 11 or 13.
    4. Where for the purposes of this agreement either party disagrees with any valuation of the Goods that has been carried out in accordance with clause 13.1, that party may within twenty-eight (28) days’ supply any clear evidence of an alternate valuation and the matter shall then be re-assessed by a Director or Manager of the Removalist within a further twenty-eight (28) day period
12. Valuation of the Goods
    1. Where it is necessary to value the Goods, the following principles shall be applied and used for determining the current market value of those Goods unless there is clear evidence to the contrary:
      1. items less than five (5) years old shall be depreciated from their purchase price (or if this cannot be ascertained, a reasonable estimate of the purchase price) to account for the reduction in their value for age, condition, wear and tear, on the basis of the diminishing value method from the date of purchase or acquisition at the rate of twenty percent (20%) per annum (e.g. item is purchased four (4) years ago for one thousand dollars ($1000); depreciated value at twenty percent (20%) = $1000 x0.8×0.8×0.8×0.8 = $409);
      2. items over five (5) years old shall be valued at twenty-five (25%) of the current market value of a new item of similar type and function at the time of commencement of this contract.
    2. Valuations obtained in accordance with clause 13:
      1. shall be subject to the following maximum values;
      2. the value of the contents of individual cartons, bags, packages or containers of any type with a value of over two hundred and fifty dollars ($250) are deemed to be limited to a maximum thereof unless the Client notifies the Removalist in writing of a higher value prior to pickup;
      3. the value of all other items, shall be deemed to be limited to a maximum of one thousand five hundred dollars ($1500) per item unless the Client notifies the Removalist in writing of an alternate value prior to pickup.
    3. Nothing in this clause shall operate in any way to extend the liability of the Removalist or to vary clauses 2, 11 or 13.
    4. Where for the purposes of this agreement either party disagrees with any valuation of the Goods that has been carried out in accordance with clause 13.1, that party may within twenty-eight (28) days’ supply any clear evidence of an alternate valuation and the matter shall then be re-assessed by a Director or Manager of the Removalist within a further twenty-eight (28) day period
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