1. Agreement

1.1 These Terms and Conditions (Conditions) are an offer open to acceptance by the person or entity to whom they are given, or who has been directed to the website of the company whereat a copy of these Conditions is available to the public (Client). The Client may accept these Conditions expressly or through conduct by requesting, permitting or allowing the Company to undertake Services.

1.2 Upon acceptance, The Company (Virgil Removals) 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 any representation, inducement, warranty or promise which is not set out in these Conditions.

1.5 These Conditions may only be varied by both parties’ agreement in writing.

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:

2.2.1 services in the nature of or related to relocation, removalist and transportation of goods;

2.2.2 any services ancillary or related to the services described at clause 2.2.1 above;

2.2.3 storage of goods; and

2.2.4 provision of advice or recommendations,

(Services).

2.3 The Company is not a Common Carrier and reserves the right to refuse to transport, store or deal with goods or any class of goods of any nature whatsoever in the Company's sole discretion.

2.4 The Client is responsible for providing adequate, safe, and timely access to the relevant site or premises for the Company at the times and dates agreed between the parties for the provision of the Services.

2.5 The Client will take delivery of any goods transported by the Company pursuant to these Conditions, at the time, date and place as agreed between the parties. In the event that the Client is unable to take delivery of the goods as arranged then the Company is entitled to either leave the goods at the unattended location (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 Company in addition to the Price.

2.6 The Client must provide the Company with notice of cancellation in writing via email at least 24 hours prior to any agreed time for provision of the Services. If notice is not provided in accordance with this clause, then the Client agrees to pay the minimum job fee as a cancellation payment. This payment must be paid within 24 hours of the booking start time.

2.7 All services are performed by a standard team of two (2) movers. Any reference to a “team” by the Company shall mean two (2) movers unless expressly written 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.

2.8 The Company makes no representation, guarantee, or commitment regarding the depot from which any truck will be dispatched for a booking, unless expressly confirmed in writing via email prior to the date of service. The Company is under no obligation to allocate a truck from any specific depot unless such obligation has been expressly confirmed in writing via email prior to the date of service. The Client acknowledges and agrees that dissatisfaction with the depot of origin does not entitle the Client to any discount, compensation, or other remedy. The Company retains the full right to charge for all travel time to and from the assigned depot, and such charges shall not constitute grounds for any claim, complaint, public criticism, or action against the Company. The Client further agrees to indemnify and hold the Company harmless against any loss, damage, cost, liability, or reputational harm (including the publication of negative or misleading statements) arising from any breach of this clause. Any public criticism or publication by the Client, whether written or verbal, arising from dissatisfaction with the allocated depot shall constitute a breach of this clause, and the Company reserves the right to pursue all available legal remedies, including claims for damages and injunctive relief.

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 quotes, emails, invoices, manifests or other document, or as otherwise notified by the Company to the Client in writing or verbally (Price).

3.2 The Client agrees that they must pay for the Company’s services in accordance with Clause 7 below.

3.3 Where the Client has failed to make payment in accordance with this clause 3, then the Client must pay to the Company an additional late payment fee in addition to the Price (Late Fee), calculated as 15% of the total Price (excluding GST). The Company may also suspend the performance of any part of, or all of, the Services or any future Services to be provided to the Client until the Company is paid in full, including in respect of any Late Fee.

3.4 The Company may, in its discretion, refer any unpaid accounts to an external debt collection agency. In that event, any fees and charges incurred by the Company comprise a debt immediately due and payable by the Client on demand by the Company.

3.5 The prices listed in any quotation do not include any statutory or Government charges unless expressly stated otherwise. Should any such charges or any other tax become applicable to the Services such tax or charge shall be charged to and paid for by the Client.

3.6 Notwithstanding anything else in these Conditions, if the Company has any liability to pay the Goods and Services Tax (GST) on any materials and/or services supplied herein to the Client, the Client shall pay to the Company the amount of such GST at the same time as amounts otherwise payable to the Company.

3.7 The Client acknowledges and agrees that full payment for the Company’s services is required to be made and cleared prior to the issuance of any tax invoice. The Client expressly waives any right to demand, request, or insist upon the issuance of a tax invoice as a precondition to payment. The Client further acknowledges and agrees that the absence of a tax invoice shall not constitute a valid ground for withholding, delaying, or refusing payment. Upon receipt and confirmation of payment in full, the Company shall issue a tax invoice to the Client in compliance with applicable taxation laws.

4. Limitation of Liability and Indemnity

4.1 For the purposes of these Conditions:

4.1.1 Australian Consumer Law means Schedules 1 and 2 of the Competition and Consumer Act 2010 (Cth) and any other relevant provisions contained in that Act;

4.1.2 Consumer has the meaning in the Australian Consumer Law;

4.1.3 Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any form of consequential, special, indirect, punitive or exemplary loss or damages, however it arises (including as a result of negligence); and

4.1.4 Loss means any liability however it arises (including as a result of negligence) and includes any loss, claim, damage, demand, injury or death and a fine or penalty imposed by a statutory or other authority.

4.2 If the Client is not a Consumer, the Company shall not be liable in any circumstances:

4.2.1 for any Loss arising from disruption or delay; and

4.2.2 for any Consequential Loss.

4.3 Subject to clause 5, the Company’s total aggregate liability in all circumstances is limited (to the extent permitted by law) in respect of any Services to the Price paid by the Client for the relevant Services.

4.4 To the maximum extent permitted by law, the Client hereby indemnifies and forever holds harmless the Company from all Losses caused or contributed to by an act or omission by the Client or any breach of these Conditions by the Client or caused by the Company arising from performing the Services in accordance with these Conditions.

4.5 The Client warrants and acknowledges that the Services, by their nature, give rise to the risk of loss or damage occurring to or in respect of the Client's goods, articles and/or property. To the maximum extent permitted by law, the Company disclaims any liability for any Loss or Consequential Loss arising from any loss or damage caused to the Client's goods, articles and property by the Company or any of its employees, officers or contractors.

5. Limitation of Liability – Australian Consumer Law Guarantees

5.1 If the Client is a Consumer and any of the Services supplied by the Company are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Services is limited to, at the option of the Company:

5.1.1 the supply of the Services again; or

5.1.2 the payment of the cost of having the Services supplied again.

6. General

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

6.1.1 The Client fails to pay the Price within the time for payment under these Conditions.

6.1.2 The Client becomes bankrupt or appoints a voluntary administrator or any party applies to wind up the Client.

6.1.3 The Client is in breach of this Contract and fails to rectify that breach for a period of 5 business days after the Company, in writing, requires the Client to rectify the breach.

6.2 If the Company has provided the Client with any information (including any advice) in connection with the Services, the Client acknowledges that it has formed its own opinion as to the correctness or otherwise of the information and has not and will not rely on the Company in respect of such information.

6.3 Any provision of these Conditions which is unenforceable or partly unenforceable is, where possible, to be read down so as to be enforceable, and if it cannot be read down, severed to the extent necessary to make these Conditions enforceable, unless this would materially change the intended effect of these Conditions.

6.4 The Client may have the benefit of certain statutory guarantees relating to the Services pursuant to the Competition and Consumer Act 2010 (Cth). Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into these Conditions by law or in connection with the supply of the Services by law, statute, custom or international convention (including, but not limited to, those relating to quality or fitness for purpose) are excluded.

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

6.6 The Client must take out and maintain those policies of insurance that would be held by a reasonably prudent customer in the position of the Client.

6.7 These Conditions are not to be interpreted against the interests of a party merely because that party proposed this document or some provision in it or because that party relies on a provision of these Conditions to protect itself.

7. Payment Prior to Completion of Services

7.1 The Client acknowledges and agrees that the total Price for the Services is strictly due and payable in full prior to the Company completing the unloading of any items, and that the Company is entitled, at its sole discretion, to withhold completion of the unloading until such payment has been received in cleared funds.

7.2 The Client agrees that this requirement is fair, reasonable, and constitutes a fundamental condition of engagement of the Company’s Services.

7.3 In the event that the Client fails, refuses, or neglects to make payment of the full Price as requested:

(a) the Company shall be entitled to retain possession of the Client’s items until payment is made in full;

(b) the Company may, at its sole discretion, hold the Client’s items for a period of up to seven (7) days, during which time the Client shall be liable for all costs, charges, and expenses incurred by the Company in relation to storage, handling, insurance, and administration;

(c) if payment in full (including any additional costs and charges) has not been received within the seven (7) day period, the Company shall be entitled, without further notice to the Client, to sell, dispose of, or otherwise deal with the Client’s items in any manner the Company deems appropriate, and to apply the proceeds towards the outstanding debt.

7.4 The Client acknowledges and agrees that:

(a) any sale or disposal of items by the Company under this clause shall not affect the Client’s liability for any shortfall in the debt owed to the Company after application of sale proceeds; and

(b) the Company shall not be liable to the Client for any loss, damage, or claim arising out of or in connection with the retention, storage, handling, sale, or disposal of the Client’s items pursuant to this clause.

8. Service Availability, Limitations, and Client Obligations

8.1 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.

8.2 In circumstances where a scheduled vehicle or personnel become unavailable, the Company shall use its best endeavours 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.

8.3 The Client expressly acknowledges and agrees that:

(a) the Company shall not be liable for any actual, consequential, indirect, special, or perceived losses, damages, or expenses of any kind arising from or in connection with the unavailability of a vehicle, equipment, or personnel, or from any delay, rescheduling, 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, or offset of fees or charges as a result of such circumstances, unless granted in writing at the sole discretion of the Company;

(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; and

(d) the Company reserves the right, in its absolute discretion, to require payment in full prior to completing the unloading of the Client’s items, and the Client is contractually obliged to make such payment immediately upon request.

8.4 The Client acknowledges and agrees that dissatisfaction with vehicle size, crew numbers, or any other circumstances arising under this clause shall not constitute valid grounds for the Client to publish or disseminate negative opinions, reviews, or commentary (whether online or otherwise) regarding the Company. Any such publication or attempt by the Client constitutes a breach of this Agreement and entitles the Company to pursue all available legal remedies, including but not limited to damages, injunctive relief, and recovery of costs.

8.5 Indemnity

The Client shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:

(a) the Client’s breach of this Agreement;

(b) the Client’s failure to pay any fees or charges when due;

(c) the publication or dissemination by the Client of any statements, reviews, or commentary (whether online or otherwise) that are negative, misleading, defamatory, or otherwise harmful to the Company’s reputation; and

(d) any claim, demand, or action brought against the Company by a third party arising out of or relating to the Client’s acts, omissions, or conduct.

The Client’s obligations under this indemnity are continuing obligations, separate and independent from other obligations under this Agreement, and shall survive termination or completion of the Services.