Terms & Conditions

1.  Definitions and Interpretation

• In these terms and conditions, unless the context otherwise requires:
  • “Babylon Removalist PTY LTD” (ABN), trading as Babylon Removalist, refers to the company providing the removalist services.
  • “Booking Form” means the form provided to you before the commencement of services, which identifies the principal contractors and the services to be
  • “Contract” means the agreement for the performance of services constituted by these terms and conditions and the relevant booking form.
  • “Dangerous Goods” means goods that are, or may become, dangerous, corrosive, explosive, flammable, perishable, noxious, infectious, or capable of attracting pests or vermin.

• “Goods” means all goods that are the subject of services, including any containers, packaging, or pallets used in connection with any of them.
• “Principal Contractor” means each person who performs services and is identified as such on the booking
• “Services” means the services to be undertaken by the principal contractors as set out on the booking form, and may include removal services, packing/unpacking services, storage services, cleaning & carpet cleaning services, locksmith services, or other services.
• “We,” “Us,” and “Our” refers to each principal contractor performing services under a contract and, except where otherwise stated, Babylon Removalist.
• “Website” refers to the Babylon Removalist website at https://www.babylonremovalist.com.au/.
• “You” refers to the person entering into a contract as the customer, as identified on the booking Where the context requires, it also refers to any other person that you are authorized to represent.

1.2  Interpretation Rules:

• The singular includes the plural, and vice
• If a word or phrase is defined, its other grammatical forms have corresponding
• “Person” includes an individual, a body corporate, a firm, an unincorporated body, a society, an association, or an authority (including a government authority, department, or agency).
• A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes, and permitted assigns.
• The word “costs” includes charges, expenses, and legal costs (on a full indemnity basis).
• An agreement, representation, or warranty by two or more persons binds both/all of them jointly and each individually.
• A reference to a document or agreement is to that document or agreement as amended or replaced.
• A reference to law means statute law, common law, and equitable
• General language is not restricted by accompanying examples, and words like “includes,” “including,” or “such as” are not words of limitation.
• Headings do not affect

2.  Preliminary

Acknowledgements:

By signing a Booking Form prior to the commencement of services, you enter into a contract with Babylon Removalist and each principal contractor named on the booking form, both in your own capacity and as an agent for any person you You confirm that each person you represent is bound by these terms and conditions, and you have the authority to bind them.

• Babylon Removalist acts as an agent for each principal contractor, which means:
  1. Babylon Removalist is not the principal service provider under the contract and has no liability to you or any person you represent for the performance of any
  2. Neither you nor any person you represent can make any claims against Babylon Removalist (including for negligence or breach of contract) for any loss or damage arising from, or costs incurred in connection with, the performance of
  3. You agree to indemnify Babylon Removalist for any liability arising from, and any costs incurred in connection with, any claims referred to in clause 2.1(b)(2)made despite the operation of that clause.

• Claims: You may only make a claim concerning a particular service against the specific principal contractor who provided that Each such claim will be governed by these terms and conditions.
• Any claims must be made within 3 days of the delivery date. Claims made after this period will not be processed or held liable by Babylon Removalist.

3.  Provision of Information

3.1 Reliance on Information:

We rely on the information provided by you or any person representing you for the purpose of quoting and performing the services. You warrant the accuracy and completeness of all such information.

3.2  Information Requirements Before Quotation and Performance of Services:

Before we can quote for or perform services, you must:

• Provide us with a reasonable estimate of the volume of goods to be transported, stored, or for other services to be performed, so that we can appropriately resource the services.
• Notify us (in writing, if we request) of any goods that:
  1. Are Dangerous Goods.
  2. Are inherently fragile or
  3. Have a value in excess of $1,000.
  4. Are of a nature, importance, or value (whether financially or otherwise) that requires special care or skill, which would not be apparent from ordinary visual inspection.

4.  Our General Rights and Discretions

Refusal of Services:

• Prior to commencing any services, we reserve the right to refuse to perform services:
  • In whole or in part, or
  • In respect of goods of any particular class,
• This decision will be at our sole discretion, without the obligation to provide reasons or prior notice, and without incurring any liability to you.

4.2  Method and Manner of Services:

We are entitled, at our sole discretion, to determine the method, manner, time, and route for performing the services. This includes, without limitation, the number and size of vehicles used for removal services, even if we initially indicated a different number or size of vehicles before the commencement of the services.

4.3  Scheduling and Timing of Services:

Any times provided by us for the scheduling and performance of services are intended as guides only. While we will use reasonable efforts to adhere to these times, you acknowledge and agree that due to the nature of the services (including the fact that services performed for other clients may be completed earlier or run over time), we are not liable for any failure or delay in performing services in accordance with these guides. Additionally, such failure or delay will not constitute repudiation of the contract.

4.4  Condition of Goods:

You must ensure that all goods are provided to us in a condition suitable for performing the services. This includes, if applicable, ensuring that any goods are packed appropriately to withstand the ordinary risks of transport, unless you have contracted us to package the goods for you.

4.5  Incorrect or Incomplete Information:

If any information you supply to us at the time of booking is incorrect, inaccurate, or incomplete, we may, at our sole discretion:

• (a) Perform services strictly according to our quotation, or
• (b) Adjust our charges to account for any additional or modified services requested by you.

4.6  Parking Arrangements:

• It is your responsibility to arrange parking for us at all locations where services are to be performed, including making provisions for any potential early or late arrivals. We will not be responsible for any delays or extended service times due to the unavailability of parking (including, but not limited to, convenient or proximate parking). You must bear all costs associated with any such delays or protracted performance, including costs incurred by both you and us.

5.  Your Warranties

5.1Warranty Regarding Goods:

You warrant that:

•  The goods you are providing to us:
  • Are owned by you or a person you represent;
  • Do not include dangerous goods unless you have disclosed this to us in accordance with clause 3.2(b)(1); and
  • Comply with all applicable laws regarding their nature, condition, and
    • Each principal contractor is authorized to enter all premises at which services are to be performed. If you do not own those premises, you warrant that you have obtained all necessary consents to permit entry.

5.2  Undisclosed Dangerous Goods:

• If, after the commencement of services, we discover that the goods include dangerous goods which you have not disclosed to us in accordance with clause 3.2(b)(1), you:
  • (a) Authorize us to take any action we deem appropriate, at your expense and without incurring any liability to you, to dispose of, destroy, or otherwise deal with those dangerous goods; and
  • (b) Indemnify us against any liabilities arising from, and all costs incurred in connection with, the handling of the dangerous goods.

6.  Removal Services

6.1 No Liability as Common Carrier

We are not common carriers and accept no liability to you as such.

6.2  Your Responsibilities

You must:

• Ensure that you, or an authorized representative, are present when removal services are performed at both the pick-up and delivery locations (including when goods are delivered to or loaded from storage).
• Take responsibility for ensuring that:
  • All goods are properly loaded and delivered to the correct locations, and that no goods are overlooked.
  • No other person’s goods are transported in error during the performance of removal services.
  • Pay additional charges (including storage charges) for any removal services we perform related to:
    • Goods that were
    • Goods belonging to another person that were transported in
  • Indemnify us for any liabilities to third parties arising from, and all costs incurred in connection with, the transportation of another person’s goods in error.

6.3  Failure to Complete Delivery

If we are unable to deliver goods for any of the following reasons:

• (a) You or an authorized representative are not present at the delivery location;
• (b) We are unable to gain access to the premises at the delivery location;
• (c) For any other reason beyond our reasonable control, We are entitled, at our sole discretion, to:
• (d) Return the goods to the pick-up location;
• (e) Store the goods at a location we deem reasonable, within a proximity to the delivery address;
• (f) Deliver the goods to your address and charge an additional fee to cover the costs incurred, including any subsequent re-delivery services.

Any action taken by us under this clause will, unless otherwise agreed, be considered a full discharge of our obligations with respect to the removal services under the contract.

6.4  Large or Cumbersome Goods

We may refuse to remove large or cumbersome goods, or goods weighing in excess of 100kg (e.g., pianos, safes, billiard tables), if you have not notified us of such items at the time of booking. These items will incur additional charges, and any damage caused during removal will be at your sole risk.

6.5  Special Requests

If requested, we may, but are not obliged to:

• (a) Transport goods out of windows, over balconies, off terraces, using fire or external staircases, or by other means we consider If necessary, we may use hired equipment (e.g., cranes) at your cost.
• (b) Remove and reinstate any obstructions (such as doors, windows, or

associated frames) using our own team or subcontractors, if we consider it safe to do so. Additional charges will apply, and any damage that occurs will be at your sole risk.

6.6  Access Requirements

You must ensure that:

• Loading docks and lifts are available at both the pick-up and delivery locations for the duration of the removal services (preferably on an exclusive basis).
• Our vehicles can gain access to the pick-up and delivery locations and that adequate parking is available.

7.  Storage Services

7.1 Storage Charges

If goods are stored in accordance with these terms and conditions, or if the storage period exceeds the period agreed upon in the Booking Form, we may charge you for storage for the duration of the storage period.

7.2  Transfer of Stored Goods

You authorize us to transfer stored goods from one place of storage to another without incurring additional charges to you. We will notify you of the transfer and provide the address of the new storage location at least 7 days prior to the transfer. In cases of emergency, notice will be given as soon as reasonably possible.

7.3  Inspection of Stored Goods

You are entitled to inspect your goods in storage upon giving us reasonable prior notice. An additional charge may apply for this service.

7.4  Removal of Goods from Storage

Provided you have paid for the entire agreed storage period, you may request the removal of your goods from storage at any time by giving us reasonable prior notice. If you fail to provide reasonable notice, we will make reasonable efforts to accommodate your request but may charge an additional fee for short notice.

7.5  Failure to Remove Goods from Storage

You agree to remove goods from storage at the end of the agreed storage period (or when directed by us in writing if no period has been agreed). If you breach this obligation, we may give you 2 weeks’ prior written notice of our intention to sell the goods in storage. If the outstanding amounts (including any charges for extended storage due to your default) are not paid and the goods are not removed within that period, we may sell the goods by public auction or, if impractical, by private sale, applying the net proceeds to satisfy any amounts owing to us.

7.6  Insurance of Stored Goods

Goods stored with us are not covered by our insurance. If you wish to insure your stored goods, you must arrange your own insurance. For assistance in finding an appropriate insurer, please refer to the storage link on our website.

8.  Other Services

8.1 Packing and Unpacking Services

Our standard removal services do not include packing or unpacking services (except placing items on the floor or another flat surface). If you require packing or unpacking services, or other services such as cleaning or locksmith services, you must notify us at the time of booking. Additional charges will apply for all such services.

8.2  Cleaning Services

We do not guarantee that our cleaning services will remove all stains or, where applicable, ensure the full recovery of bonds. Any liability for failure to remove stains or achieve bond recovery is expressly disclaimed.

9. Charges and Payments

9.1 Standard Rates

Our standard rates for the services we provide, and any additional amounts we are entitled to charge, are set out in the Booking Form.

9.2  Billing Method

All services we perform will be charged in half-hour increments, rounded up to the nearest half hour, at our standard rates, unless:

• (a) We have quoted a fixed amount for a service, and the information you have provided as the basis for the fixed quote is correct, accurate, and complete; or
• (b) We have agreed to different rates with you in 9. Charges and Payments

9.3 Removal Services

• The time charged will include the time taken by us to return to the original pick-up location, subject to a minimum half-hour return charge.
• The fuel levy, as specified in the Booking Form, will apply to the total

4 Payment Timing

If you decide to book with us, the remaining payment must be received 30 minutes before the completion of the move on the day.

9.5 Third-Party Costs

You must pay or reimburse us for any third-party costs incurred in connection with the performance of services and which these terms and conditions require you to pay or allow us to charge.

9.6 Tolls, Parking, and Fines

You must pay all tolls (including those incurred in returning to the pick-up location), parking costs, and, provided we have acted reasonably, parking fines incurred in connection with the performance of the services.

9.7 Cancellation Fees

Please note, any cancellations require 72 hours’ notice. If not, the deposit is non-refundable.

9.8 Payment Methods

Payments must be made in cash, by bank transfer, bank cheque, or via an approved credit or debit card. Credit card payments will incur a surcharge (if applicable), as notified from time to time. Unless we notify a change, Visa and Mastercard payments will incur a processing fee of 2.5%.

9.9 Variation of Service Date

If a service date is agreed upon and you require a change or if the goods are unavailable on the agreed date, we may charge an additional fee for any costs incurred due to such variation or unavailability.

9.10 Third-Party Payment

If we agree in writing that a third party will pay our charges, and that third party fails to make payment on the agreed date (or within 7 days of the invoice date if no date is set), you agree to pay the charges.

9.11 Interest on Late Payments

If any amounts owed by you remain unpaid for more than 7 days, we may charge interest on the outstanding amount from the due date until paid in full. Interest will be calculated at the National Australia Bank’s maximum personal overdraft rate for amounts not exceeding $100,000, plus an additional 2%, accruing daily.

9.12 Collection Costs

If we engage a collection agency or incur any costs to recover an amount owed, we may charge you for the costs we incur, including collection agency fees, court costs, and legal fees.

9.13 Payment Terms

You must make payments to us without set-off, counterclaims, conditions, restrictions, withholdings, or deductions unless required by law.

10.  GST

All charges quoted by us, or which we are otherwise entitled to charge, are exclusive of GST unless otherwise stated. If GST is payable on any supply made in accordance with these terms and conditions, you will be required to pay us an additional amount equal to the GST payable.

11. Lien

11.1 General Lien

All goods received by us are subject to a general lien for any amounts due to us by you or any person you represent in relation to services provided under these terms and conditions or any other agreement.

11.2 Sale of Goods for Outstanding Amounts

If any amounts due to us remain unpaid for a period of 2 weeks, we may provide you with 2 weeks’ prior written notice of our intention to sell the goods subject to the lien. If the outstanding amount is not paid within that period, we may sell any or all of the goods by public auction or, if not reasonably practicable, by private sale. The net proceeds of the sale will be applied to satisfy the amounts owed.

11.3 Preservation of Other Rights

The exercise of our rights under this clause 11 does not prejudice or affect any other legal rights we have to recover amounts due.

12. Insurance

12.1 Insurance Recommendation

We recommend that you insure your goods while they are in our possession or under our control. We can assist you in arranging insurance with an insurer we have a relationship with, or you may choose an insurer of your preference.

12.2 Assisting with Insurance

We will only assist you in arranging insurance if you request us to do so in writing. Details of the types of coverage and applicable rates are available upon request.

12.3 Assignment of Insurance Rights

If we make a payment to you for any loss, damage, or delay in the performance of services (whether or not we are obliged to under these terms and conditions), you:

• Irrevocably assign to us all rights you have under any policy of insurance to recover the paid amount;
• Appoint us as your attorney with full authority to claim and recover that amount;
• Must execute all documents and provide all necessary information to enable us to fully benefit from this clause 12.3.

12.4 Insurance Commission

You acknowledge that if we arrange transit or storage insurance on your behalf, we may receive a commission for arranging the insurance.

12.5 Compliance with Insurance Terms

You must comply with all the terms of any insurance policy (including notification deadlines for claims) to ensure your ability to make claims is not compromised. We are not liable for any failure on your part to comply with these terms.

12.6 Notification of Claims

To ensure our ability to make claims under our insurance policies, you must notify us in writing of any public liability or other claims that may arise from our performance of the services, promptly after you become aware of them.

13.  Damage Goods: ‘We Break It, We Fix It Guarantee’

• If, in addition to the Removal Services, you choose to have your goods packed by us using preventative bubble wrapping (as part of our optional Packing Services), then, subject to this clause 13, we guarantee that those goods will be delivered to your delivery location free from In the event of breakage, the remedy referred to in clause 13.4 will apply.

For the purposes of this clause, all goods covered by our guarantee are referred to as “Guaranteed Goods.”

13.2  To benefit from this guarantee, you must:

• Prior to the commencement of the Removal Services, demonstrate to our

reasonable satisfaction that all Guaranteed Goods are in working order and free from damage.

• Unless you elect to have the goods unpacked by us (as part of our Unpacking Services), prior to the completion of the Removal Services:
  • Unwrap and check the condition of the Guaranteed Goods; and
  • Identify and notify us of any Guaranteed Goods that are not in good working order or have been damaged during the performance of the Removal

• We will have no liability under the guarantee given in this clause 13 if:
  • You have not complied with clause 2;
  • The goods that are damaged include paintings, artwork, artefacts, sculptures,

glassware, foodstuffs, jewellery, items made from gold, silver, diamonds, precious stones, bullion, cash, bonds, securities, or any other form of negotiable instruments;

• The damage is caused by delay, deterioration, inherent vice, an act of God, dismantling, assembly, testing, or electrical fault or malfunction; or
• The damage is at your sole risk under clause 5 or 6.6.

13.4  Our Remedy:

Subject to this clause 13, if any Guaranteed Goods are damaged during transit, we will, at our sole discretion, either:

1. Repair or replace the damaged goods;
2. Pay the cost of repairing or replacing the damaged

This will constitute a full discharge of our obligations under this clause 13.

14.  Exclusions and Limitations of Liability

• Nothing in these terms and conditions shall be construed to exclude, restrict, or modify any guarantee, condition, or warranty implied by legislation, including the Australian Consumer Law and equivalent State and Territory legislation (each a “Non-excludable Provision”), if doing so would contravene that legislation or cause any part of this clause 14 to be void.
• We exclude:

• All terms, guarantees, conditions, and warranties implied by statute, general law, or custom, except for any Non-excludable Provision;
• All liability to you in negligence for acts or omissions of us, our employees, agents, or contractors arising out of or in connection with the services or these terms and conditions; and
• All liability to you in contract for consequential or indirect damages, including loss of profits, loss of revenue, loss of use, loss of contract, loss of goodwill,

increased cost of working, or damage suffered as a result of claims by any third party.

14.3  Limitation of Liability:

Except as provided in clause 13 and to the maximum extent permitted by law, our liability to you for breach of:

• Any express provision of these terms and conditions is limited to the lesser of:
  1. The amount paid, or payable, by you for the services in respect of which the breach occurred; or
  2. $1,000; and Any Non-excludable Provision is limited, at our sole discretion, to:
  3. If the breach involves goods, to the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods or acquiring equivalent goods;
  4. If the breach involves services, to supplying the services again, or the payment of the cost of having the services supplied again.

14.4  Acknowledgement of Fairness:

You acknowledge and agree that reliance by us on the exclusions and limitations of liability in this clause 14 is fair and reasonable in all circumstances.

15.  Bonuses and Discounts

From time to time, we may offer bonuses or discounts in connection with our services. To be entitled to such bonuses or discounts, you must comply strictly with the terms of the offer (which we will determine at our sole discretion).

We reserve the right to withdraw any bonus or discount at any time, without obligation to provide reasons or prior notice, and without incurring any liability to you.

16.  General

These terms and conditions constitute the entire understanding between the parties regarding their subject matter and supersede all prior agreements, understandings, and communications, whether written or oral, in relation to that subject

16.2  Severability:

If any provision of these terms and conditions is deemed illegal or unenforceable in any relevant jurisdiction, it will be enforced to the maximum extent possible. If it is unenforceable, it may be severed for the purposes of that jurisdiction without

affecting its enforceability in any other jurisdiction or the enforceability of any other part of these terms and conditions.

16.3  Waivers:

All waivers must be in writing. A single or partial exercise or waiver by a party of a right under these terms and conditions does not prevent any other exercise of that right or any other right.

16.4  Cumulative Rights:

Except as expressly stated otherwise in these terms and conditions, our rights under these terms and conditions are cumulative and in addition to any other rights at law.

16.5  Amendment of Terms and Conditions:

We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we choose to do so, you will be informed at least two (2) days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all post-termination obligations.

16.6  Governing Law:

These terms and conditions are governed by, and must be construed in accordance with, the laws of New South Wales, Australia.

16.7  Porta Robes:

Porta robes are hired at $12. Upon return within four weeks in good condition, you will receive $5 back. Saturday rates are subject to higher charges.

17 Complaints:

Customer Complaints Policy Our company maintains a clearly documented policy for handling customer complaints. All complaints are recorded, reviewed, and resolved promptly and effectively. Customers are encouraged to communicate their concerns directly through our official contact channels. Each complaint is treated seriously, ensuring transparency and fairness in all resolutions.

18 Compliance:

Compliance with HVNL We fully comply with the Heavy Vehicle National Law (HVNL) or its equivalent regulations applicable in the state or territory in which we operate. This includes:

• Workplace Health & Safety Policy
• Drug & Alcohol Policy
• Fatigue Management Policy
• Drivers Licence Register
• Truck Registration, Maintenance & Defect Register
• Risk/Incident Register and Management Plan
• Pre-Trip Truck Checklist
• Inventory Condition Reports

All the above-mentioned policies and registers are regularly updated and thoroughly maintained to ensure safety, compliance, and accountability in all operational activities.