Terms and Conditions

1. APPLICATION OF TERMS AND CONDITIONS

The Customer agrees to purchase the Goods and/or Services from Brilliance Removalists on these Terms and Conditions.

2. TERM

This Agreement commences on the Commencement Date and continues for the Term unless terminated earlier in accordance with this Agreement.

3. ACCEPTANCE OF THESE TERMS AND CONDITIONS

1. Any instructions received by Brilliance Removalists from the Customer in relation to the following:
   • An order for Goods and/or Services;
   • Acceptance or payment of the Fees;
   • Supply of the Goods and/or Services; or
   • The Customer’s acceptance of the Goods and/or Services supplied by Brilliance Removalists, which includes acceptance via any electronic or online portal, will constitute acceptance of these Terms and Conditions.
2. Where more than one Customer has entered into this Agreement, the Customer shall be jointly and severally liable for all payments of the Fees.
3. Where there is more than one owner of the Items, each owner is a customer, and the person providing Brilliance Removalists with instructions acts as an agent for all owners and warrants that is has the express authority to do so.
4. The Customer shall give Brilliance Removalists not less than seven (7) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, email address, or business practice). The Customer shall be liable for any loss incurred by Brilliance Removalists as a result of the Customer’s failure to comply with this clause 3.

4. FEES AND PAYMENT

1. The Fees are as indicated in the Invoice.
2. The Customer agrees to pay the Fees.
3. GST and other taxes and duties that may be applicable will be shown separately and are not included in the Fees.
4. The Customer must pay for any Goods or Services prior to or on delivery unless the Customer has in place a Direct Debit Request or approved Credit Application or as otherwise agreed by Brilliance Removalists.
5. Subject to clause 4.4, payment of Fees for Goods and/or Services sold by Brilliance Removalists to the Customer must be made:
   • If by direct debit, pursuant to the Direct Debit Request and these Terms and Conditions;
   • If a Credit Application has been executed by the Parties, pursuant to the Credit Application and these Terms and Conditions; or
   • Otherwise, by the payment due date shown on the Invoice or, if no payment due dates are shown, then the Customer agrees to pay the Fees for such Goods and/or Services in full within thirty (30) days of the Commencement Date.
6. Payment of Fees is deemed to be made:
   • If by Electronic Transfer of Funds (EFT) – on the date upon which those funds are cleared by the Seller’s bankers;
   • If cash is tendered – on the date it is tendered; and
   • If a cheque (bank or otherwise) or other negotiable instrument is tendered – on the date upon which the cheque or other negotiable instrument is negotiated and cleared in full by the Customer’s bankers.
7. The Customer must reimburse Brilliance Removalists for any expenses (including but not limited to administrative, storage or delivery costs) incurred by the Seller as a result of any cancelled order for whatever reason.
8. If the Parties agree to any variation of the Goods and/or Services, Brilliance Removalists will advise the Customer in writing off any corresponding variation in the Fees. Unless the Customer objects in writing to any corresponding variation in the Fees within seven (7) days of receiving the written notification of such variation, the Customer is deemed to have accepted the varied Fees.
9. Brilliance Removalists reserves the right to withhold delivery or supply of the Goods and/or Services in the event the Customer has not made full payment or payment of Fees is overdue, as the case may be.

5. SERVICES

1. Brilliance Removalists are not a common carrier and accept no liability as such. Brilliance Removalists reserves the right to refuse to provide Services for the carriage of Items for any person and in respect of any Items at Brilliance Removalists’ absolute discretion.
2. The Customer engages Brilliance Removalists to provide the Services specified in the Invoice.
3. Brilliance Removalists may subcontract or use subcontractors for the provision of the Services.
4. The Customer may request that Brilliance Removalists provide Ancillary Services as part of the Services. Brilliance Removalists may refuse to provide the Ancillary Services at any time including after the acceptance of these Terms and Conditions and the commencement of the provision of the Services.

6. DELIVERY OF ITEMS

1. Unless otherwise agreed between the Parties, Brilliance Removalists will deliver the Items to the Customer to the Customer’s nominated Delivery Address.
2. Brilliance Removalists with prepare an inventory of the Items the subject of the Services. If the Customer does not sign the inventory or does not object to its accuracy before the Items are transported, the inventory is conclusive evidence of the Items the subject of the Services.
3. Brilliance Removalists will notify the Customer as soon as possible if Brilliance Removalists becomes aware of any delay in the delivery of Items.
4. Any delivery time and date are an estimate only and are not a guarantee or representation of the time and date for delivery of the Items.
5. If Brilliance Removalists delivers the Items to the Customer’s nominated Delivery Address, the Customer must make all arrangements necessary to take delivery of the Items whenever they are tendered for delivery and if the Customer is unable to take delivery of the Items as arranged then Brilliance Removalists will be entitled to charge the greater of a reasonable fee and the actual costs to it for re-delivery and storage of the Items.
6. If applicable, Brilliance Removalists may deliver the Items by separate instalments and each separate instalment will incur delivery costs and must be invoiced and paid in accordance with the provisions in these Terms and Conditions.
7. Brilliance Removalists’ failure to deliver the Items will not entitle either party to treat the Agreement as repudiated.
8. Brilliance Removalists will not be liable for any loss or damage to the Customer resulting from late delivery of the Items for any reason (including but not limited to changes to the Customer’s requirements or variations to the Agreement).
9. The Customer shall inspect all Items upon delivery (or after installation if applicable) and shall, within forty-eight (48) hours from the time of delivery, give notice to Brilliance Removalists of any shortfall in quantity, and damage or any defects in or to the Items.
10. The Customer will ensure that the Customer or some person on its behalf is present when the Items are loaded and unloaded, except if they are being unloaded into or loaded from the store. If Brilliance Removalists cannot deliver or unload the Items because the Customer or some person on its behalf is not present or for any other reason, Brilliance Removalists may, at its election, transport, unload, and store the items in a store.
11. The Customer indemnifies and shall keep indemnified (to the fullest extent permitted by law) Brilliance Removalists and its agents and employees from and against all claims and demands in respect of any loss or damage whatsoever and whenever caused to any person whatsoever, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property or to the Items, delay, financial loss or otherwise arising from the transport of the Items to the Customer (except if the loss or damage is caused by Brilliance Removalists or its agent’s negligence).

7. STORAGE AND STORAGE COSTS

1. Without limiting Brilliance Removalists’ rights and remedies, the Customer must pay Brilliance Removalists for any expenses (including but not limited to administrative, storage, or delivery costs) incurred by Brilliance Removalists due to any cancelled order for whatever reason.
2. Except where the Services expressly include storage, Brilliance Removalists reserves the right to charge the greater of a reasonable charge for the storage costs for the Items and the cost to it for storing the Items if it is unable to deliver the Items, including due to the Customer not providing delivery instructions within one day of a request by Brilliance Removalists for such instructions or if the Customer fails to take delivery of the Items.
3. Brilliance Removalists may move the Items from time to time without cost to the Customer. On reasonable notice from the Customer, Brilliance Removalists will advise the address of the location of the Items.
4. On reasonable notice, the Customer may inspect the Items in store, subject to Brilliance Removalists charging a reasonable amount to enable the inspection and also by providing staff to handle the furniture inside the unit or container. However, access will only be granted during business hours (Monday to Friday) with a minimum of 24 hours’ notice. Please note If the customer decides to access the contents by themselves without the help of a Brilliance staff member, the company will not take responsibility for any possible damage or lost furniture/ item.
5. Brilliance Removalists is not obliged to release the Items to the Customer unless the Customer has paid all amounts outstanding to Brilliance Removalists.
6. All Items received by Brilliance Removalists are subject to a general lien for any money due by the Customer. Brilliance Removalists is not obliged to release the Items to the Customer unless it is paid in full.
7. The Customer must remove all Items from storage within 20 business days’ notice from Brilliance Removalists.
8. Without prejudice to any other rights which Brilliance Removalists may have under these Terms and Conditions or otherwise at law, if any amounts are outstanding for 14 days or more, or if the Customer has not removed all Items from storage as required by these Terms and Conditions, Brilliance Removalists may give 28 days written notice to the Customer of its intention to sell or dispose of the Items. If the outstanding amount is not paid or the Items are not removed within that period, Brilliance Removalists may sell or dispose of any of the Items at its absolute discretion.
9. Where Brilliance Removalists has a right to sell or dispose of the Items under these Terms and Conditions or at law, Brilliance Removalists may, in its absolute discretion:
   • Offer any of the Items for sale to the general public in any fashion it sees fit; and
   • Store any of the Items; and
   • Dispose of any of the Items; and
   • Allow the Customer to collect any of the Items; and
   • If any of the Items offered for sale to the general public do not sell within a reasonable period of time, buy any of those Items for $1; and
   • Be reimbursed for the costs incurred in selling, disposing and storing the Items.
   • Its customer responsibility is to turn off the fridge or freezer one day before the relocation and ensure the fridge or freezer is completely dry for not built mould while the item is in storage.

8. VARIATIONS

1. 1. Brilliance Removalists is entitled to charge a reasonable additional amount, and be reimbursed for additional third-party costs (other than a subcontractor) where:
   • The work the Customer ultimately requires varies from the work quoted or estimated;
   • If Brilliance Removalists is prevented from or delayed in any part of the Services, Brilliance Removalists is entitled to charge a reasonable additional amount, and be reimbursed for additional third-party costs (other than a subcontractor) on account of the additional Services required; and
   • The Customer requires the date for any part of the Services to be changed from the date in the quote or estimate.

9. CUSTOMER’S WARRANTY

1. The Customer warrants that any information provided to Brilliance Removalists, and any information on which Brilliance Removalists has reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work, is accurate, complete, and not misleading.
2. The Customer warrants that it is either the owner of the Items or the authorized agent of the Items.
3. The Customer warrants that the Items do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging, or noxious nature nor likely to encourage any vermin or pest unless the Customer has disclosed to Brilliance Removalists in writing the presence and nature of any such Items prior to the commencement of the Services. Brilliance Removalists may refuse to transport or store such Items. If Brilliance Removalists discovers any article or substance of this nature after the commencement of the Services, Brilliance Removalists may take any action, including destruction or disposal, as Brilliance Removalists may think fit without incurring any liability to You.
4. The Customer will, prior to the commencement of the Services, provide Brilliance Removalists with written notice of any Items which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewelry, precious objects, works of art, glass, money, collections of items or precision equipment, and any Item having a value in excess of $1,000.
5. The Customer will ensure that all Items the subject of the Services are uplifted by Brilliance Removalists and that none is taken in error, and are delivered by Brilliance Removalists and that none is delivered in error.
6. The Customer warrants that it will comply with all applicable legislation and regulations concerning the Items.
7. The Customer will indemnify Brilliance Removalists and hold it harmless in respect of all claims, costs, damages, expenses, and losses which Brilliance Removalists may incur or suffer arising out of any failure or default in respect of the Customer’s obligations under this clause 9 including without limitation any remedial or rectification action in respect of improper or unlawful installation or operation of the Goods.
8. Where the Customer is a trustee:
   • The Customer warrants that it has full power and authority for the benefit purposes and objects of the trust to make these Terms and Conditions on behalf of the trust and that it shall be bound by these Terms and Conditions both personally and as trustee; and
   • The Customer confirms that the trustee shall be liable for the account and that in addition, the assets of the trust shall be available to meet payment of the account.
9. Where the Supply includes installation of Goods, the Customer warrants that it has full authority to permit installation at the relevant premises and authorizes Brilliance Removalists or its appointees full and unrestricted access during reasonable hours to carry out the installation and for site inspections, documentation, delivery, and service connections and agrees to assist Brilliance Removalists in carrying out these tasks.

10. RISK AND TITLE

1. The Items are at the Customer’s risk at all times other than while the Items are in the possession or control of Brilliance Removalists during the provision of the Services other than Ancillary Services.
2. It is the Customer’s responsibility to insure the Items at all times.
3. Goods supplied by Brilliance Removalists to the Customer will be at the Customer’s risk upon:
   • Collection by the Customer; or
   • delivery to the Customer’s custody, possession or control,
4. It is the Customer’s responsibility to insure the Goods after the risks in the Goods pass to the Customer.
5. Ownership of the Goods remains with Brilliance Removalists until all the amounts owing by the Customer to Brilliance Removalists (including without limitation the Fees and other debts owing to Brilliance Removalists) have been paid in full. If payment is not received as and when due, Brilliance Removalists reserves the right to enter the place where the Goods are without further notice and remove and repossess the Goods (even if they have been installed). Brilliance Removalists is entitled to recover, in addition to any other damages, the costs of so doing.

11. PERSONAL PROPERTIES AND SECURITIES ACT

1. The Customer acknowledges that the Agreement and these Terms and Conditions constitute a Security Agreement and the Customer grants a Security Interest in favor of Brilliance Removalists in all the Goods supplied by Brilliance Removalists to the Customer from time to time. The Customer grants Brilliance Removalists a Purchase Money Security Interest. Further, the Customer grants to Brilliance Removalists a Security Interest in the Customer’s All Present and Acquired Property as security for the Goods and performance of its obligations under this Agreement.
2. The Customer accepts, acknowledges and agrees that:
   • Brilliance Removalists can, without notice to the Customer, affect and maintain a Registration (in any manner that Brilliance Removalists considers appropriate) of its Security Interest on the PPSR in relation to any Security Interest contemplated or constituted by the Agreement including but not limited to Brilliance Removalists’ Goods, Services or contract rights; and
   • Pursuant to section 275(6) of the Personal Property Securities Act, the CustomeragreesBrilliance Removalists is not required to disclose to an interested person information pertaining to Brilliance Removalists’ Security Interest unless required to do so pursuant to the Personal Property Securities Act or at law generally.
3. The Customer will:
   • sign any documents and/or provide any further information (which information the Customer warrants to be complete, accurate, and up-to-date in all respects) and/or assistance which Brilliance Removalists may reasonably require to enable perfection of its Security Interest or Registration of a Financing Statement or Financing Change Statement on the PPSR;
   • not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the Personal Property Securities Act in respect of the Goods, including any Services, without the prior written consent of Brilliance Removalists;
   • give Brilliance Removalists not less than seven (7) days’ written notice of any proposed change in their name and/or any other changes in their details (including but not limited to, changes in their address, facsimile number, email address, trading name or business activities);
   • indemnify Brilliance Removalists against any costs Brilliance Removalists incurs in perfecting and maintaining its perfected Security Interest in the Goods or such other Personal Property under the Personal Property Securities Act and any costs Brilliance Removalists may incur in the course of enforcing any of its rights under this Agreement, the Personal Property Securities Act or at law generally; and
   • procure from any persons considered by Brilliance Removalists to be relevant to its security position, such agreement and waivers as Brilliance Removalists may at any time reasonably require.
4. The Customer undertakes not to register, or permit to be registered, a Financing Statement or a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement in favour of a third party without Brilliance Removalists’ prior written consent.
5. If Chapter 4 of the Personal Property Securities Act would otherwise apply to the enforcement of a Security Interest arising in connection with this Agreement to which these Terms and Conditions apply, the Customer agrees that the following provisions of the Personal Property Securities Act will not apply to the enforcement of the Agreement:
   • Section 95 (notice of removal of accession), to the extent that it requires Brilliance Removalists to give a notice to the Customer;
   • Section 96 (when a person with an interest in the whole may retain an accession);
   • Subsection 121(4) (enforcement of liquid assets – notice to grantor);
   • Section 125 (obligation to dispose of or retain collateral);
   • Section 129 (disposal by purchase);
   • Section 130 (notice of disposal of collateral), to the extent that it requires Brilliance Removalists to give a notice to the Customer;
   • Section 132(3)(d) (contents of statement of account after disposal);
   • Section 132(4) (statement of account if no disposal);
   • Section 135 (notice of retention of collateral);
   • Section 143 (reinstatement of security agreement).
6. Notices or documents required or permitted to be given to Brilliance Removalists for the purposes of the Personal Property Securities Act must be given in accordance with the Personal Property Securities Act.

12. CUSTOMER’S WAIVER

1. The Customer warrants that it has not relied on any representation made by Brilliance Removalists in any form (including but not limited to Brilliance Removalists’ leaflets, catalogues, brochures, or website) which has not been stated expressly in these Terms and Conditions or upon any descriptions, illustrations or specifications or any documentation provided by Brilliance Removalists.
2. The Customer warrants that it has ensured there is sufficient space and access to load and unload the Items (no narrow doors or passages, sufficient space in L- shaped passages), and without the need to remove doors or windows, or obtain access above ground level.
3. The Customer acknowledges and agrees that to the extent, Brilliance Removalists has made any representation which is not otherwise expressly stated in these Terms and Conditions, the Agreement, or in any other document, the Customer has been provided with an opportunity to independently verify the accuracy of that representation.
4. Brilliance Removalists may require the Customer to provide a written waiver of its rights and a release from liability in respect of the provision of any Services where the Customer requests Brilliance Removalists to provide the Services despite a breach of the warranties by the Customer.
5. The Customer waives any right to rescind, terminate, or cancel the Agreement with Brilliance Removalists or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Brilliance Removalists and the Customer acknowledges that it is relying on its own skills and judgment when acquiring the Goods.

13. SUPPLIER’S WARRANTY

1. Brilliance Removalists warrants that it will use due care and skill in providing the Services.
2. Brilliance Removalists makes no warranties with respect to the Ancillary Services. Any Ancillary Services are provided at the Customer’s request. Brilliance Removalists accepts no liability, including liability for any loss or damage, arising out of the provision of Ancillary Services, and the Customer agrees to indemnify Brilliance Removalists and hold it harmless in respect of all claims, costs, damages, expenses, and losses in connection with the Ancillary Services.
3. Subject to the conditions of warranty set out in clause 9.1 Brilliance Removalists warrants that if any defect in any Goods of Brilliance Removalists becomes apparent and is reported to Brilliance Removalists within one (1) month of the date of delivery (time being of the essence) then Brilliance Removalists will either (at Brilliance Removalists’ sole discretion) replace or remedy the Goods.
4. The conditions applicable to the warranty given by clause 13.1 are:
   • the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
     • failure on the part of the Customer to properly maintain or pack any Items; or
     • failure on the part of the Customer to follow any instructions or guidelines provided by Brilliance Removalists; or
     • any use of any Goods or Items otherwise than for any application specified on the product; or
     • the continued use of any Goods or Items after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
     • fair wear and tear, any accident or act beyond the parties’ reasonable control or influence.
   • the warranty shall cease, and Brilliance Removalists shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered, or overhauled without Brilliance Removalists’ consent.
   • in respect of all claims Brilliance Removalists shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
5. For Goods not manufactured by Brilliance Removalists, the warranty shall be the current warranty provided by the manufacturer of the Goods. Brilliance Removalists shall not be bound by nor be responsible for any term, condition, representation, or warranty other than that which is given by the manufacturer of the Goods.
6. Any condition or warranty which would otherwise be implied in the Agreement is hereby excluded to the fullest extent permitted by law.
7. Where legislation implies in the Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in the Agreement. However, the liability of Brilliance Removalists for any breach of such condition or warranty will be limited, at the option of Brilliance Removalists, to one or more of the following:
   • if the breach relates to Goods:
     • the replacement of the Goods or the Supply of equivalent Goods.
     • the repair of such Goods.
     • the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
     • the payment of the cost of having the Goods repaired; and
   • if the breach relates to Services:
     • the Supply of the Services again; or
     • the payment of the cost of having the Services supplied again.
8. The Customer must inspect the Goods on delivery and must within twenty-four (24) hours of delivery (time being of the essence) notify in writing Brilliance Removalists of any alleged defect, damage in the Goods, the Items, or failure to comply with the description or quotation. The Customer must provide Brilliance Removalists the opportunity to inspect the Goods and the Items (Inspection) within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer fails to give a written notice of the alleged defects or facilitate an Inspection for Brilliance Removalists, the Goods will be presumed to be free from any defect or damage and Brilliance Removalists is not liable to replace or repair the Goods.

14. RETURNS

1. Goods will not be accepted for return other than in accordance with clause 13 above.
2. Goods must be returned in their original condition and unused.
3. A restocking fee of fifteen percent (15%) of the value of any Goods returned may apply to such Goods returned after thirty (30) days from the date of their delivery.

15. EXCLUSION OF LIABILITY

1. The Customer agrees that Brilliance Removalists or its affiliates, agents, and sub-contractors and each of their partners, principals, members, employees, and other Personnel will not be liable to the Customer for any actions, claims, or Loss in any way arising out of or relating to the Goods the Items or the Services for an amount greater than the Fees paid by the Customer to Brilliance Removalists under this Agreement.
2. Brilliance Removalists is not liable in respect of damage to Items which relate to the breach of a warranty given by the Customer.
3. In no event will Brilliance Removalists or its affiliates, agents, sub-contractors, or any of their partners, principals, members, employees, or other personnel be liable for special, incidental, indirect, consequential, or punitive damages, costs, expenses, or losses of any kind, lost profits, lost revenue, loss of management time, opportunity costs, failure to realise anticipated savings, or lost or incorrect data.
4. Brilliance Removalists is only liable for the proportion to which the loss or damage to the items is caused by or contributed to by its negligence (including the negligence of any subcontractor). Brilliance Removalists is not liable for loss or damage to the items caused or contributed to by the customer or any person whom Brilliance Removalists is not responsible for at law. If Brilliance Removalists is liable due to its negligence, its liability is limited to $100 per item or package of items, or $1,000 in respect of all items, whichever is lesser.
5. Brilliance Removalists is liable for any loss, damage, or delay that results from any cause beyond its control, including any loss, damage, or delays caused by third-party providers.
6. Brilliance Removalists are not liable for damage to any items that have been packed unless Brilliance Removalists pack and unpack the items.
7. Brilliance Removalists is not liable for damage to any inherently fragile item unless it packs and unpacks the item and fails to take reasonable care in doing so. Inherently fragile items include electrical appliances, mechanical appliances, computerequipment,scientific instruments, certain musical instruments, consoles, large flatscreen TVs, MDF furniture (e.g., from IKEA), and Thermomix appliances.
8. Brilliance Removalists is not liable for damage to any item that requires special packing for transport unless the customer provides the manufacturer’s packing instructions and specific packaging materials, and Brilliance Removalists packs and unpacks the item and fails to take reasonable care in doing so. Items that require special packing include refrigerators, washing machines, and Thermomix appliances.
9. If the customer has elected not to ensure furniture items are packed, transported, stored, or unpacked, and Brilliance Removalists did not pack those items for transit or storage, Brilliance Removalists’ liability is capped at $500 per item. This cap does not apply if Brilliance Removalists fail to exercise due care and skill, and this failure is the sole cause of the damage.
10. If the customer has elected not to insure items while in transit or storage and Brilliance Removalists did not pack those items for transit or storage, Brilliance Removalists’s liability for lost, stolen, or misplaced items in a packaging box is capped at $300 per box. This cap does not apply if the customer provides a completed inventory, including a genuine valuation of the contents of the box, prior to the commencement of transit or storage.
11. In any claim for loss or damage, an inventory with a genuine value of the items, whether for the purposes of insurance or otherwise, is prima facie evidence of the value of the items and did not exceed that estimate at the time of loss or damage.
12. Brilliance Removalists is not liable to the customer for any loss or damage on account of the ancillary services.
13. This clause 15 will apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, or tort (including without limitation to negligence) or otherwise. To the extent that this clause refers to persons other than Brilliance Removalists, Brilliance Removalists hold the benefit of this clause in trust for them.
14. The customer acknowledges that the collection, storage, and provision of data on local and remote servers presents inherent security risks and a risk of loss. It agrees that it will not hold Brilliance Removalists liable for any loss, theft, or corruption of any data collected, stored, or provided by Brilliance Removalists or any damage that the goods and/or services may cause to any of the customer’s existing infrastructure that does not directly result from the gross negligence of Brilliance Removalists.
15. Customers need to take care of their valuable/expensive possessions, such as jewellery, cell phones, tablets, computers, etc. We, as a company, will not be liable for any sort of loss whatsoever.
16. Our contents insurance covers furniture and standard contents only. Arts, painting, and special items need to be covered by a different policy, not included in every job. Please ask for a quote for these items. For an interstate or international move, if you have a marble table, please advise the office to organize a wood crate to relocate. Otherwise, insurance does not cover it. Please ask for a quote for these items.

16. AUSTRALIAN CONSUMER LAW

Nothing in the agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law, except to the extent permitted by the Australian Consumer Law.

17. GST

1. Fees are exclusive of GST unless expressly stated otherwise.
2. If any supply under this agreement is a taxable supply, then the party making the supply may, at the same time that an invoice is rendered for the agreed consideration for the taxable supply, recover the amount of GST payable on that taxable supply, subject to the issue of a valid tax invoice.

18. CUSTOMER’S INDEMNITY

The Customer continually indemnifies Brilliance Removalists, Brilliance Removalists’ affiliates, agents, or subcontractors, against any claim or proceeding that is made, threatened or commenced, and against any liability, Loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:

• a breach of this agreement, including any warranty.
• a wilful, unlawful, or negligent act or omission by the customer or an officer, employee, agent, or subcontractor of the customer; or
• damage to or loss of any of Brilliance Removalists’ property.

19. DEFAULT AND CONSEQUENCES

1. Neither party shall take any action (including legal action) against the other party for a default of the agreement without first giving the defaulting party written notice specifying the default and providing the defaulting party with seven (7) days to rectify it.
2. Interest on overdue payments of any invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of twelve percent (12%) per calendar month, and such interest shall compound monthly at such a rate after as well as before any judgment.
3. If the customer defaults in payment (including by way of dishonoured check) of any invoice when due, the customer will indemnify Brilliance Removalists from and against all costs and disbursements incurred by Brilliance Removalists in pursuing the debt, including legal costs (on a solicitor and own client basis) and Brilliance Removalists’ debt recovery costs.
4. Without prejudice to any other remedies Brilliance Removalists may have, if at any time the customer is in breach of any obligation (including those relating to payment), Brilliance Removalists may suspend or terminate the supply of goods and/or services to the customer, and any of its other obligations under these Terms and Conditions. Brilliance Removalists will not be liable to the customer for any loss or damage the customer suffers because Brilliance Removalists has exercised its rights under this clause.
5. Without prejudice to Brilliance Removalists’ other remedies at law, Brilliance Removalists is entitled to cancel all or any part of any order of the customer that remains unfulfilled, and all amounts owing to Brilliance Removalists shall, whether or not due for payment, become immediately payable in the event that:
   • any money payable to Brilliance Removalists becomes overdue, or in Brilliance Removalists’ opinion, the customer will be unable to meet its payments as they fall due; or
   • the Customer is the subject of an insolvency event.

20. SECURITY AND CHARGE

Subject to clause 16 and the PPSA, as security for the Customer’s obligations and liabilities under this Agreement:

• the Customer and/or the Guarantor hereby charges for the due and punctual payment and performance of those obligations and liabilities, all of their legal and equitable interest (both present and future) of whatsoever nature held in any and all real and personal property.
• without limiting the generality of the charge in this clause, the Customer and/or the Guarantor agree, on Brilliance Removalists’ request, to execute any documents and do all things necessary required by Brilliance Removalists to register a mortgage, absolute caveat, security interest or other instrument of charge over any real property or personal property, or both, and against the event the Customer and/or the Guarantor fail to do so within a reasonable time of being so requested, the Customer and/or the Guarantor irrevocably and by way of security, appoint any credit manager or solicitor engaged by Brilliance Removalists to be the Customer and/or the Guarantor’s true and lawful attorney to execute and register such instruments; and
• the Customer and/or the guarantor will indemnify Brilliance Removalists on a full indemnity basis against all costs and expenses incurred by Brilliance Removalists in connection with the preparation and registration of any such security interest, charge, caveat, or mortgage document.

21. DIRECT DEBIT REQUEST

1. This clause applies if the customer has granted Brilliance Removalists authority to arrange for funds to be debited from Brilliance Removalists’ account nominated on the direct debit request.
2. In this clause 21:
   • Account means the bank account or credit card account (as the case may be) held at the financial institution at which Brilliance Removalists is authorised to arrange for funds to be debited.
   • Debit Day means the day that payment by the Customer to Brilliance Removalists is due.
   • Direct Debit Request means the direct debit request made by the customer to Brilliance Removalists, as shown on the Direct Debit Request form.
   • Debit Payment means a particular transaction where a debit is made.
   • Financial Institution means the Customer’s bank or financial institution where the Account is held.
3. By signing the Direct Debit Request, the CustomerauthorisesBrilliance Removalists to arrange for funds to be debited from the Account. This Agreement and the Direct Debit Request sets out the terms of the direct debit arrangement between the Parties.
4. Brilliance Removalists only arrange for funds to be debited from the account as authorised in the direct debit request.
5. If the Debit Day falls on a day that is not a Business Day, Brilliance Removalists may direct the Financial Institution to debit the Account on the following Business Day. If the Customer is unsure about which day their Account has or will be debited, the Customer should contact their Financial Institution.
6. Brilliance Removalists may vary any details of a Direct Debit Request at any time by giving the Customer at least fourteen (14) days’ written notice.
7. Subject to clauses 21.8 and 21.9, the Customer may change the arrangements under a Direct Debit Request by contacting Brilliance Removalists in writing.
8. If the Customer wishes to stop or defer a debit payment, the Customer can either:
   • give Brilliance Removalists three (3) Business Days’ notice in writing before the next Debit Day; or
   • arrange it through the Bank.
9. The Customer may cancel the authority for Brilliance Removalists to debit the Account at any time by either:
   • giving Brilliance Removalists five (5) Business Days’ notice in writing before the next Debit Day; or
   • arranging it through the Bank.
10. It is the Customer’s responsibility to ensure that there are sufficient clear funds available in the Account to allow a debit payment to be made in accordance with the Direct Debit Request.
11. If there are insufficient clear funds in the Account to meet a debit payment, the Customer:
    • may be charged a fee and/or interest by the Financial Institution;
    • may also incur fees or charges imposed or incurred by Brilliance Removalists; and
    • must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in the Account within seven (7) days so Brilliance Removalists can process the debit payment.
12. The Customer should check any Account statement to verify that the amounts debited from the Account are correct.
13. If Brilliance Removalists is liable to pay GST on a supply made in connection with this Agreement, then the Customer agrees to pay Brilliance Removalists on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
14. The Customer agrees to indemnify Brilliance Removalists for any costs incurred by Brilliance Removalists as a result of the Customer providing incorrect Account details.
15. If the Customer believes that there has been an error in debiting the Account, the Customer should notify Brilliance Removalists directly by telephone and confirm such telephone notice in writing to Brilliance Removalists as soon as possible so that Brilliance Removalists can resolve the Customer’s query without undue delay. Alternatively, the Customer can take such matters up with the Financial Institution directly.
16. If Brilliance Removalists concludes as a result of their investigations that the Account has been incorrectly debited, Brilliance Removalists will respond to the Customer’s query by providing the Customer with reasons and any evidence for this finding.
17. If Brilliance Removalists concludes as a result of their investigations that the Account has not been incorrectly debited, Brilliance Removalists will respond to the Customer’s query by providing the Customer with reasons and any evidence for this finding.
18. The Customer should check:
    • with the Financial Institution whether direct debiting is available from the Account as direct debiting is not available on all accounts or services offered by financial institutions;
    • the Account details that the Customer has provided to Brilliance Removalists are correct by checking them against a recent Account statement; and
    • with the Financial Institution before completing the Direct Debit Request if the Customer has any queries about how to complete the Direct Debit Request.

22. DISPUTE RESOLUTION

1. If any dispute arises out of or in connection with this Agreement or the interpretation of its terms (a “Dispute”), a Party may not commence any court proceedings relating to the dispute unless this clause has first been complied with, except where that party seeks urgent interlocutory relief.
2. The parties will attempt to resolve any Dispute as follows:
   • Either party may notify the other party in writing of the occurrence of a Dispute and the Parties must meet within seven (7) days or such other time as agreed to discuss and attempt to resolve the Dispute.
   • On receipt of the notice specified in clause 22.2(a), the Parties must use their reasonable efforts to expeditiously resolve the Dispute.
   • If the parties cannot resolve the Dispute within fourteen (14) days after the first meeting between the Parties specified in clause 22.2(a), or any further period as the Parties may agree to in writing, the Dispute must (at the instigation of any party) go to mediation.
   • The mediation is to be conducted in accordance with the Australian Disputes Centre’s Mediation Guidelines with a mediator as agreed by the Parties or, failing agreement, as appointed by the Australian Disputes Centre.
   • The mediation will be confidential, and the Parties must equally bear the mediator’s costs to the Dispute, and each party must also bear their own legal costs.
   • If the Dispute is not resolved at mediation within twenty-one (21) days of the first mediation meeting then any party is at liberty to claim their costs against the other parties, including the costs referred to in clause 22.2(e), and either party may commence legal proceedings.
3. The Parties must continue to perform their obligations under this Agreement, including the payment of any Fees, while any Dispute is being resolved in accordance with this clause 21.

23. TERMINATION

1. Either Party may terminate this Agreement by giving the other Party not less than one (1) month’s written notice.
2. Brilliance Removalists may terminate this Agreement immediately by written notice to the Customer if the Customer:
   • through its conduct, brings Brilliance Removalists into disrepute;
   • breaches this Agreement and does not remedy the breach within fourteen (14) days of receipt of written notice from Brilliance Removalists specifying the breach; or
   • is the subject of an Insolvency Event.
3. The Customer may terminate this Agreement immediately by written notice to Brilliance Removalists if Brilliance Removalists:
   • ceases to hold any applicable licence relating to the class of services it provides to the Customer or has conditions or restrictions imposed on such licence or licences that are unacceptable to the customer, acting reasonably.
   • breaches this Agreement and does not remedy the breach within fourteen (14) days of receipt of written notice from the Customer specifying the breach; or
   • is the subject of an Insolvency Event.
4. Nothing in this clause 23 limits Brilliance Removalists’ rights to receive its Fees for all Goods and/or Services provided by Brilliance Removalists to the Customer up to the date of such termination.

24. FORCE MAJEURE

If Brilliance Removalists is delayed, hindered, or otherwise prevented from complying with its obligations under this Agreement by reason of events or circumstances beyond the reasonable control of Brilliance Removalists including by reason of a Force Majeure Event, or any other circumstances affecting the Supply of Goods and/or Services (or both), Brilliance Removalists is not liable to the Customer for any loss or damage which is or may be suffered by the Customer whether as a direct or indirect result of any such events or circumstances.

25. PRIVACY AND PERSONAL INFORMATION

1. The Customer and the Guarantor agree for Brilliance Removalists to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and the Guarantor in relation to credit provided by Brilliance Removalists.
2. The Customer and the Guarantor agree that Brilliance Removalists may exchange information about the Customer and the Guarantor with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
   • to assess any credit application by the Customer; and/or
   • to notify other credit providers of a default by the Customer; and/or
   • to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
   • to assess the creditworthiness of the Customer and the Guarantor.
3. The Customer and the Guarantor consent to Brilliance Removalists being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) of the Privacy Act 1988).
4. The Customer agrees that the personal credit information provided may be used and retained by Brilliance Removalists for the following purposes and for other purposes as shall be agreed between the Customer and Brilliance Removalists or required by law from time to time:
   • provision of Goods and/or Services; and/or
   • marketing of Goods and/or Services by Brilliance Removalists, its agents, or distributors in relation to the Goods and/or Services; and/or
   • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods and/or Services; and/or
   • processing of any payment instructions, direct debit facilities, and/or credit facilities requested by Customer; and/or
   • enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and/or Services.
5. Brilliance Removalists may give information about the Customer and the Guarantor to a credit reporting agency for the following purposes:
   • to obtain a consumer credit report about the Customer and/or the Guarantor; and/or
   • allow the credit reporting agency to create or maintain a credit information file containing information about the Customer and/or the Guarantor.

26. SPECIAL CONDITIONS

1. The Parties agree that they will be bound by any Special Conditions attached to these Terms and Conditions (if any).
2. Em caso de qualquer conflito na interpretação das Condições Especiais e de qualquer parte deste Contrato, aplicam-se as disposições da cláusula 27.4.

27. GENERAL

1. This Agreement, any attached Special Conditions, the Invoice, any other schedules or annexures, and any documents referred to here, together with these Terms and Conditions, contain the whole of the Agreement between the parties, and no understanding, arrangement, or provision not expressly set forth in this Agreement or these Terms and Conditions is binding upon the parties.
2. If any provision of these Terms and Conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
3. These Terms and Conditions and any Agreement to which they apply shall be governed by the laws of Western Australia and the Parties unconditionally submit to the jurisdiction of the courts of Western Australia.
4. The documents comprising the Agreement will be read in the following order of precedence:
   • any attached Special Conditions (if any);
   • the Invoice;
   • these Terms and Conditions; and
   • any schedules, annexures, or other attachments.
5. Where any conflict occurs between the provisions contained in these Terms and Conditions, such provisions will be read down to resolve such conflict. If the conflict remains incapable of resolution by reading down, the conflicting provisions will be severed from these Terms and Conditions without otherwise diminishing the enforceability of the remaining provisions of these Terms and Conditions.
6. In the event of any breach of the Agreement or any of these Terms and Conditions by Brilliance Removalists the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Fees.
7. The Customer shall not be entitled to set off against or deduct from the Fees any sums owed or claimed to be owed to the Customer by Brilliance Removalists.
8. Brilliance Removalists may by notice in writing to the Customer reduce any Fees or other charges or costs payable to Brilliance Removalists under this Agreement by any fee, credit, rebate, or other amount which is payable to Brilliance Removalists under or in connection with this Agreement.
9. Nothing in this Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the parties.
10. Brilliance Removalists may license or sub- contract all or any part of its rights and obligations (including supplying of the Goods and/or Services) without the Customer’s consent.
11. Brilliance Removalists reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which Brilliance Removalists notifies the Customer of such change.
12. The failure by Brilliance Removalists to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect Brilliance Removalists’ right to subsequently enforce that provision.
13. The Agreement and/or the Terms and Conditions are binding and can only be amended with the written consent of both Parties.
14. The Customer acknowledges that Brilliance Removalists does not make under this Agreement or these General Terms and Conditions or outside thereof any representations or warranties regarding goods and services or any matter (including but not limited to descriptions, illustrations, and performance contained in any of Brilliance Removalists’ catalogues, price lists, or any other advertising or marketing materials) that is or might be relevant to the Customer buying or selling goods and services other than the representations or warranties expressed here.

28. DEFINITIONS AND INTERPRETATION

1. Definitions In this agreement, the following definitions have the corresponding meanings unless the contrary intention appears:
   • ADI means authorised deposit-taking institution and has the same meaning given in the Banking Act 1959 (Cth).
   • Agreement has the meaning given in clause 27.1.
   • Ancillary Services means any Services other than packing, loading, transporting, unloading, and storage of Items.
   • Australian Consumer Law means the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) as enacted and incorporated by each applicable Australian State and Territory.
   • Australian Disputes Centre means the Australian Disputes Centre Limited (ABN 87 003 042 840) and includes any other body that may replace, assimilate, or merge with it.
   • Business Day means a day that is not a Saturday, Sunday, or public holiday in Perth, Western Australia.
   • Commencement Date means the earlier of:
     • the date specified as the Invoice Date on the Invoice; or
     • the date the Goods and/or Services were ordered by the Customer.
   • Controller means, in relation to a person, a controller (as defined in the Corporations Act), trustee in bankruptcy, receiver, receiver and manager, administrator, liquidator (whether provisional or otherwise) of that person or that person’s property, or any other person (however described) holding or appointed to an analogous office or acting or purporting to act in an analogous capacity.
   • Corporations Act means the Corporations Act 2001 (Cth).
   • Credit Application means the Customer’s credit application as set out on the Credit Application form.
   • Customer means the entity named as such on the Invoice, including its successors and assigns or any person acting on behalf of and with its authority.
   • Delivery Address means the Customer’s nominated delivery address as specified on the Invoice.
   • Fees means the price of the various amounts payable by the Customer under this Agreement for the Services and/or the Goods, specified and calculated in accordance with the Invoice and this Agreement.
   • Force Majeure Event means an event that is beyond the reasonable control of a Party and includes but is not limited to the following types of events:
     • an act of God;
     • war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, acts of terrorism, national emergency (whether in fact or in law), or martial law;
     • weather sufficiently inclement to prevent a Party from performing an obligation under this Agreement;
     • natural catastrophes, fire, earthquake, lightning or explosions;
     • pandemic, epidemic, or quarantine;
     • strikes, lockouts, slowdowns, stoppages and restraints of labour;
     • lawful restraints;
     • prolonged energy shortages, prolonged embargoes or prolonged lack of availability of raw materials;
     • changes in laws, or regulations; and
     • action or inaction by, or orders, judgements, rulings, decisions, or enforcement actions of, any government, governmental authority, or court of competent jurisdiction, whether local, state, or federal (including denial, refusal, or failure to grant any permit, authorisation,licence, approval, or acknowledgement despite timely endeavours to obtain the same), but does not include:
       • financial distress nor the inability of either Party to make a profit or avoid a financial loss;
       • changes in market prices, or conditions; or
       • a Party’s financial inability to perform its obligations under this Agreement.
   • Goods mean goods or products supplied by Brilliance Removalists to the Customer (and where the context so permits shall include any supply of Services) as described on the Invoice.
   • GST means a goods and services tax, or a similar value-added tax, levied or imposed under the GST Law.
   • GST Law has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
   • Guarantor means that person (or persons) or entity who agrees to be liable for the debts of the Customer on a principal debtor-basis pursuant to any Deed of Guarantee or similar Guarantee Agreement made between the Guarantor and Brilliance Removalists.
   • Insolvency Event means, in respect of a Party, any one or more of the following events or circumstances:
     • a winding up, dissolution, liquidation,provisional liquidation, administration or bankruptcy;
     • having a Controller or analogous person appointed to it or any of its property;
     • being unable to pay any of its debts as and when due and payable or being deemed to be insolvent under any provision of the Corporations Act or any other law;
     • seeking protection from its creditors under any law, entering into a compromise, moratorium,assignment, composition, or arrangement with, or for the benefit of, any of its members or creditors; or
     • any analogous event or circumstance to those described in clauses 28.1(s)(i) to 28.1(s)(iv) under any law.
   • Invoice means the invoice for the Goods and/or Services forming part of this Agreement.
   • Items means the Customer’s goods to which the Services apply.
   • Loss means:
     • loss, including but not limited to direct loss, consequential loss, special loss, loss of anticipated profits, and/or loss of business opportunity;
     • liability;
     • damage including but not limited to any damages or compensation and/or any damage to reputation; and/or
     • cost or expense including legal costs on a full indemnity basis.
   • Party means a party to the Agreement including but not limited to Brilliance Removalists and the Customer.
   • Personal Property Securities Act means the Personal Property Securities Act 2009 (Cth).
   • Personnel means a Party’s officers, employees, secondees, agents, consultants, contractors, and subcontractors.
   • Related Bodies Corporate has the meaning given in the Corporations Act.
   • Security Agreement, Commingled Goods, Financing Statement, Financing Change Statement, Personal Property, All Present and After Acquired Property, Purchase Money Security Interest, Registration, and Security Interest have the meanings given to them in the Personal Property Securities Act.
   • Services means the provision of Brilliance Removalists’:
     • services to undertake the contracted activities and works; and
     • any related Goods (and where the context so permits shall include any Supply of Goods) supplied by Brilliance Removalists, as all described in the Invoice and includes any variations authorised under this Agreement.
   • Special Conditions mean the attached special conditions (if any) to this Agreement and referred to in clause 26.
   • Brilliance Removalists means Deus Souzs Pty Ltd (ACN 156 589 936) trading as “Brilliance Removals” address, 14A Clapham st Beckenham – WA 6107 or 11/33 – 43 Elgar Rd Derrimut – VIC 3026, Australia, including its successors and assigns or any person acting on behalf of and with its authority.
   • Supply means supply of the Goods and/or Services by Brilliance Removalists.
   • Tax Invoice has the meaning given in the GST Law and includes all taxation invoices for Goods and/or Services (whether interim or final) supplied by Brilliance Removalists to the Customer.
   • Taxable Supply has the meaning given in the GST Law.
   • Term means the period commencing on the Commencement Date and ending on the date on which both Parties complete all of their obligations under this Agreement, as may be extended by the Parties’ mutual written agreement.
   • Terms and Conditions means these Terms and Conditions of Supply of Goods and Services pursuant to the Agreement.
2. Interpretation

   In this Agreement, the following rules of interpretation apply unless the contrary intention appears:

   • Headings are for convenience only and do not affect the interpretation of this Agreement.
   • The singular includes the plural and vice versa.
   • Words that are gender-neutral or gender-specific include each gender.
   • Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
   • A reference to:
     • “includes” means without;
     • a person includes a natural person, partnership, joint venture, government agency, association, corporation or other body corporate;