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 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 50% of the Price to the Company.

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 must pay the Price for the Services prior to the Company unloading your items, at the Company's request. Failure to pay the invoice in full, the Company has the right to hold your items for up to 7 days at your (the Client) cost. After the 7 days, the Company has the right to sell your possessions to make up for invoice not being paid in full.

3.3 Where the Client has failed to make payment in accordance with this clause 3, then the Client must pay to the Company a late payment fee in addition to the Price (Late Fee), calculated as 15% of the 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.

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.