Terms and Conditions

1. DEFINITIONS

“All monies” includes all monies now or in the future owing or payable whatsoever;

“Consignee” means the person or persons to whom the Goods are to be delivered by the Removalist on the

instruction and at the request of the Customer;

“Customer” means any person, persons or entity requesting and engaging the Removalist to provide the

Removal Services pursuant to the attached Moving Services Agreement; and where the Customer comprises

two (2) or more persons, the obligations imposed and rights conferred on the Customer by these Terms and

Conditions shall be imposed and conferred upon each person comprising the Customer jointly and severally;

“Goods” means any goods or cargo, including any container/s or packaging, moved from one location to

another location by the Removalist on the instruction and at the request of the Customer, or which is for

storage by the Removalist on the instruction and at the request of the Customer;

“GST” means a tax, levy, duty, charge or a deduction together with any related additional tax, interest, penalty,

fine or other charge imposed by a GST law;

“GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 and any Act enacted in addition

or substitution to it;

“PPSA” means the Personal Properties Security Act 2009 (Cth);

“Price” means the consideration payable, exclusive of GST, by the Customer to the Removalist for the provision

of the Removal Services, and without any deduction or set-off whatsoever;

“Removalist” means Smartlift Removals ABN 12 122 909 219 or any Director acting on behalf of that entity

with its authority; and

“Removal Services” means services provided by the Removalist to the Customer on the instruction and at

the request of the Customer, and as particularised on quotations, invoices, consignment notes, sales orders,

or any other forms or documentation provided by the Removalist to the Customer, and includes but is not

limited to the storage and pre-packaging of the Goods, and the costs attaching thereto.

2. INTERPRETATION

In the interpretation of this Agreement:

(a) singular includes plural, and vice versa;

(b) references to a person include a government authority or any legal entity;

(d) covenants by each party include an obligation to procure compliance by all other persons under the

control of that party;

(e) covenants on the party bind each two or more persons jointly and each person severalty. The release of

one of the persons from an obligation does not release any other person who may be jointly liable; and

(f) all annexures, schedules and other attachments (if any) form part of this Agreement.

3. OFFER AND ACCEPTANCE

3.1 The Customer has requested the Removalist to provide the Removal Services (the “offer”).

3.2 The Removalist has agreed to provide the Customer with the Removal Services on the terms and conditions

set out herein.

3.3 The Removalist will have accepted the Customer’s offer upon:

(a) The Customer executing these Terms and Conditions of Removal in the signature panel; or

(b) The Removalist providing any Removal Services to the Customer on the instruction and at the request

of the Customer; or

which estimate is subject to amendment at the discretion of the Removalist if it is not accepted in writing

by the Customer within three (3) days from the date of its provision; and such estimate is provided by

the Removalist on the basis that the Removal Services are to be carried out by a method to be

determined by the Removalist; and the Customer further hereby agrees that any interruption, delay or

sectional execution of the Removal Services may necessitate an extra charge being levied by the

Removalist to the Customer at its discretion.

3.4 Upon the Removalist accepting the Customer’s offer the Customer is deemed to have unequivocally accepted

these Terms and Conditions and the attached Moving Services Agreement, and is thereafter immediately

bound by these Terms and Conditions and the said Moving Services Agreement.

3.5 The parties hereby agree that estimates of Price are made by the Removalist on the conditions that:

(a) There is a practical road and approach for the vehicle and contractors of the Removalist to the door of the

building or other place to and from which the Goods are to be removed, and that the same are available to

the vehicles of the Removalist, and if the Goods are to be delivered to a building that they are to be delivered

on the ground floor, failing which an extra charge will be levied by the Removalist to the Customer at its sole

discretion;

(b) That all Removal Services can be conveniently affected by access to adequate staircases and doorways; but

the Removalist may, at its sole discretion, use any balcony or window and levy an extra charge therefore to

the Customer; and further the Customer will indemnify the Removalist against all claims in respect thereof,

and also release the Removalist from any liability for damage to Goods so handled.

a. The taking down or pulling up of fixtures, gas, electric lighting or other fittings; the taking up, re-laying

or fitting of carpets or floor coverings; the re-fixing of blinds, cornices or other fittings, or the re-

hanging of pictures. All such work, if required to be done, shall be paid for by the Customer upon an

extra charge being levied by the Removalist to the Customer at its sole discretion;

b. The cost of dismantling special articles and of any extraordinary packing such as may be necessary

to secure safe transport of fragile articles, such as venetian glass and smaller articles, unless such

packing is expressly particularised in the Price estimate; and

c. The cost attaching to making a detailed inventory of Goods packed in cases or otherwise; however,

a quotation for preparing such detailed inventory may be obtained from the Removalist on written

application.

3.6 These Terms and Conditions shall apply to any Contract for the carriage of Goods or the provision of Removal

Services entered into between the Removalist and the Customer, or pursuant to the acceptance by the

Customer of any quotation of the Removalist attached to these Terms and Conditions.

3.7 These Terms and Conditions are to be read in conjunction with any quotation provided by the Removalist and

the attached Moving Services Agreement.

4. SECURITY

4.1 The Customer, where required by the Removalist, must provide personal guarantees and/or other security.

4.2 Upon consenting to these Terms and Conditions of Removal in writing the Customer acknowledges and agrees

that these Terms and Conditions shall constitute a security agreement for the purposes of the PPSA and creates

a monetary obligation of the Customer to be paid to the Removalist for the Removal Services provided by the

Removalist to the Customer.

4.3 The Customer grants to the Removalist the right under Part 2.7 of the PPSA to register a security interest in any

accounts receivable to which the Removalist may be entitled after the provision of the Removal Services.

4.4 The Removalist may request further security from the Customer at any time.

5. PAYMENT OF ACCOUNT

The Customer agrees to pay for all Removal Services in full and without any deduction or set off whatsoever

upon the completion of the provision of the Removal Services by the Removalist.

6. INTEREST ON OUTSTANDING ACCOUNTS

6.1 The Removalist has a strict policy of requiring payment by the Customer of its tax invoice in full upon completion

of the Removal Services.

6.2 If the Customer fails to pay any amount owing upon completion of the Removal Services then the Removalist will

charge interest on the outstanding amount at the rate of 14% per month compounding monthly.

6.3 The Customer agrees to pay the Removalist’s costs and expenses on a solicitor and own client basis which the

Removalist may incur or suffer as a result of the Customer’s failure to pay all monies owing to the Removalist.

7. RETENTION OF TITLE

7.1 The Customer agrees that, until payment of all monies owing to the Removalist is received by the Removalist,

any Goods held, retained or stored by the Removalist shall remain the property of the Removalist.

7.2 The Removalist is hereby released from all liability for any damage caused to the Goods whilst they are held or

retained by the Removalist.

8. PERSONAL PROPERTIES SECURITIES ACT 2009 (CTH) (“PPSA”)

8.1 The Customer acknowledges and agrees that, by accepting these terms and conditions of removal, the Customer

grants to the Removalist a security interest over the Goods and any other goods created by the co-mingling or

accession of the Goods to any other article.

8.2 The Customer agrees that:

(a) they will provide the Removalist with all information reasonably required to register a financing statement

or financing change statement on the Personal Property Securities Register; and

(b) they will advise the Removalist in writing of any change to its or their name or address at least seven (7)

days prior to that change taking effect.

8.3 In the event that the Removalist exercises its rights under the PPSA to regain possession of the Goods, the

Customer waives its or their rights with respect to:

(a) the right to receive notice prior to the Removalist removing an accession of the Goods;

(b) the right to receive a statement of account, a disposal notice or a notice of retention either prior to or

immediately following the Removalist’s taking possession and selling the Goods to a third party; and

rights will continue to apply and the Removalist’s rights to seize or retain the Goods will not be limited by

the PPSA.

8.4 The Customer agrees to pay the costs of and incidental to the registration of a financing statement or financing

change statement, and any costs incurred by the Removalist in enforcing its rights against the Customer under

the PPSA.

8.5 The terms and expressions used within this clause 8 have the meanings given to them in the PPSA.

9. RISK

9.1 The Goods are at all times transported by the Removalist at the risk of the Customer.

9.2 The Removalist is not a common carrier and accepts no liability arising in that respect.

9.3 The Removalist reserves the right to refuse the carriage or transport of Goods or any class or articles for any

Customer at the Removalist’s sole discretion.

9.4 The Removalist accepts no responsibility for the interior of any electrical appliances, It is the sole responsibility

of the Customer to secure the motors of electrical appliances.

9.5 The Customer expressly warrants and represents to the Removalist, which warranty and representation is hereby

relied upon by the Removalist, that it is the owner of the Goods that are the subject of the Removal Services.

10. SUSPENSION OR TERMINATION OF ACCOUNT

The Removalist may at any time, and without the provision of any reason, suspend or terminate its services to

the Customer.

11. TERMINATION OF THIS AGREEMENT

Termination of this Agreement does not:

(a) affect any claim or action that a party may have against the other, or affect any other right or remedy

that the party may have; or

(b) release any guarantors; or

expressed to continue after termination.

12. LIMITATION OF LIABILITY

12.1 Subject to clause 12.2, any claim for damage to Goods must be made by the Customer in writing within 24

hours after the delivery of the Goods alleged to be damaged; and any claim for loss must be made in writing

within 24 hours after the date the Goods alleged to be lost should in the ordinary course have been delivered;

and the Removalist shall not be liable for any such loss or damage unless a claim is made within such 24 hours,

time being of the essence in all respects; and where workmen other than those servants or contractors of the

Removalist were on the premises to or from which the Goods are being removed or delivered the Removalist

shall not be liable for any loss or damage unless a claim is made at the time of delivery of the Goods. In the

event of any article or Good being lost or damaged for which the Removalist may be liable, the Removalist shall

have the option of replacing or repairing such article, or paying reasonable compensation at its sole discretion in

respect thereof. Any claim for damage to premises must be made in writing by the Customer within 24 hours

after the alleged damage is said to have occurred.

12.2 The Customer acknowledges that no claim for incorrect delivery can be made against the Removalist if the

Customer has used the Goods.

12.3 Despite any other condition, the Removalist will be discharged from all liability for loss or damage unless an

action or claim is commenced within three (3) months of delivery or in the case of non-performance or omission,

withing three (3) months of the date the performance, delivery or act should have occurred.

12.4 Despite anything to the contrary in these terms and conditions of removal, any claim by the Customer for

damages, cannot exceed the lesser of:

(a) $AUD200.00; or

(b) the outstanding balance of the Customer’s account as at the date of the claim.

12.5 The Customer acknowledges that:

a. The Removalist shall not be responsible for loss of or damage to any Good or article contained in

furniture, drawers, or in package or case or other receptacle not packed and/or unpacked by the

Removalist’s agents or contractors;

b. The Removalist will not effect any insurance, other than on the Customer’s express written

instructions to do so, prior to the provision of Removal Services and at the Customer’s expense; and

c. The Removalist shall not be liable in respect of any damage to or loss of Goods removed to or from

a public sale.

12.6 Every endeavour will be made by the Removalist to carry out the provision of the Removal Services within the

timeframe desired; however, the Removalist shall not be liable for loss through delay in railway, road or sea

transit, mechanical breakdown, fire, flood or Act of God, labour difficulties, medical pandemic, or from any other

cause beyond the Removalist’s reasonable control.

12.7 The Customer agrees that it is incumbent upon them or it to see that all Goods sought to be removed are so

removed and taken away by the Removalist, and further shall indemnify the Removalist against all claims in

respect of Goods removed in error or by mistake.

12.8 No article or substance which is, or is likely to be, dangerous, corrosive, explosive, or damaging to Goods, nor

anything likely to encourage vermin or other pests, shall be sent, given or delivered by the Customer to the

Removalist for packing, removal or storage, or contained in any article sent or given to the Removalist for any

such purpose or purposes; and no claim shall be made against the Removalist for loss or damage due to or

arising from the presence of any such article or substance; and further the Customer hereby indemnifies the

Removalist against all claims made and for any loss or damage that may be suffered by the Removalist or any

third party through the presence of any such article or substance in any Goods removed or stored for such

Customer. If any such article is discovered the Removalist may at its discretion remove, sell, destroy, or

otherwise dispose of same, and shall not be responsible or accountable to the Customer for the value thereof.

12.9 The Removalist shall not be liable for damage to the mechanism and or adjustment to clocks, barometers,

scientific, musical and/or other instruments; nor for the renovation or replacement of any article or Good which is

inherently deficient, or in such a condition that it cannot be removed without risk or damage.

12.10 Any liability on the part of the Removalist for loss of, failure to produce, or damage to any one article, suite,

service, set or complete contents of a case or package, including plates, plated goods and/or other valuables

howsoever caused is hereby limited to $AUD75.00 only; provided however that the Removalist will use its best

endeavours to effect a suitable insurance policy on behalf of the Customer against greater loss or damage

provided that it receives express and unequivocal written instructions from the Customer to do so (in which

respect the Customer hereby acknowledges that verbal instructions are insufficient), and further only if prior to

the removal and/or packing and/or storage the premium for the said insurance policy is duly paid by the

Customer. Additionally, liability (if any) for damage to premises, private roads, gates and gate-posts, driveways,

bridges or drains is also limited to the said amount particularised in this paragraph.

13. EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES

13.1 Subject to clause 13.2 all conditions, warranties and terms implied by statute, general law or custom

are excluded from these terms and conditions.

13.2 These terms and conditions are subject to any applicable implied statutory warranty which cannot by

law be excluded, restricted or modified.

14. VARIATION

The Removalist may, by the provision of 24 hours’ notice in writing to the Customer, change or vary these

terms and conditions, including changes to payment dates and terms; and the Customer hereby agrees to

accept any such variation.

15. JURISDICTION

15.1 The parties agree that the jurisdiction in respect of any relief, remedy and/or enforcement of these terms and

conditions will be determined by the jurisdiction of the Courts in Queensland. Each party waives any right it has

to object to an action being brought in those Courts including, without limitation, by claiming that the action has

been brought in an inconvenient forum, or that those Courts do not have jurisdiction.

15.2 Further. the Customer agrees that the Removalist may commence any claim or seek any relief in the District

Court and/or the Magistrates Court sitting at Southport in the State of Queensland, and any such Court will not

be required to make any determination as to whether it has local jurisdiction in respect of the matter.

16. GENERAL TERMS

16.1 The Customer cannot assign its or their rights and obligations under these terms and conditions.

16.2 The Removalist may assign its rights and obligations under these terms and conditions without the consent of

the Customer.

16.3 The person who signs these terms and conditions warrants and declares that:

(a) he or she is authorised to sign these terms and conditions on behalf of the Customer;

(b) he or she understands and agrees to these terms and conditions; and

16.4 If any of these terms and conditions are unenforceable then the unenforceability does not affect any other part

of the condition, or any other condition, but rather it will be severed from them.

16.5 All amounts payable in, under or by this Agreement are exclusive of GST, and the Customer must pay any GST

payable on a supply under these terms and conditions.

16.6 No agent, servant or contractor of the Removalist, other than a Director of the Removalist, has the authority,

express or implied, to alter or qualify in any respect these terms and conditions or a Price estimate provided by

the Removalist, and nor enter into any contract on behalf of the Removalist or give any warranty or make any

representation, and nor alter or qualify the terms hereof, and nor sign any receipt or document which has not

been previously submitted to and approved of in writing by the Removalist.

16.7 If for any reason whatsoever the Goods are delayed en-route or by reason of any default or wrong or incorrect

declaration of the Customer or the Customer’s consignee, or if the Customer or consignee is unable to receive

the Goods into the property to which they are to be delivered immediately on their arrival, the Removalist shall

be at liberty to unload them into its own or its agent’s or any other depository. Delivery at such depository shall

be deemed to be delivered In accordance with these terms and conditions; and the Removalist shall have a lien

on such goods or all storage and other charges incurred up to the time that the Customer shall have taken

delivery of such Goods.

16.8 The Removalist may, at any time during the provision of the Removal Services, transfer the Goods from vehicle

to vehicle, and pending transfer into its own or any other storage place, and when Goods are in storage they may

be removed by the Removalist from one storage facility to another.

16.9 When a Contract is made as between the Removalist and the Customer for a specific quantity and additional

Goods are required by the Customer to be removed and/or warehoused, an extra charge will be levied by the

Removalist at its sole discretion to the Customer, and these terms and conditions shall apply.

16.10 The Customer hereby warrants that the Goods removed, packed or

warehoused are to be removed, packed or warehoused pursuant to the request of the Customer, are owned by

said Customer, and that said Customer has the full and unfettered legal right, power and authority to procure

such removal, packing or warehousing by the Removalist.

16.11 These terms and conditions shall, insofar as the same are relevant,

apply to all Goods carried or taken by the Removalist from the premises, building or place nominated or appointed

by the Customer.

16.12 The Removalist shall be at liberty to subcontract all or any of the

Removal Services particularised herein, contract for and also arrange for the storage by and/or in the warehouse

of any such storage contractor; and all these terms and conditions shall apply to any work or services performed

or carried out by such sub-contractor, and/or to the storage by and in the warehouse of any other storage

contractor.

16.13 These terms and conditions shall have effect subject to the provisions,

regulations and schedules of the Warehousemen’s Liens Act 1973 and the Storage Liens Act 1973 as applied

by the said Acts; and notwithstanding anything in these terms and conditions contained or implied, the

Removalist shall not be deemed to have surrendered any of its rights and/or immunities, or to have increased

its responsibilities and liabilities under the said regulations, and nor (whether such regulations are applicable

under the said Acts or otherwise) to have derogated from or lost the benefit of any statutory exception/s,

exemption/s, limitation/s or protection/s whatsoever, except as otherwise provided for in these terms and

conditions.