Legal

Terms and Conditions

Revised June 2025

These Terms and Conditions (“Conditions”) apply to all services provided by McPhee Freight Pty Ltd ACN 082 020 059 (“the Company”). By proceeding with a booking, accepting a quotation, or agreeing to any service provided, including bookings made by phone, email, or website, you (“the Customer”) indicate that you have had sufficient opportunity to read these Conditions and agree to be bound by them. If you do not understand any part of these Conditions, please contact our Customer Service Team before proceeding. Booking agents shall ensure all Terms and Conditions are communicated clearly with their clients.

All and any business undertaken by McPhee Freight Pty Ltd (“the Company”) is transacted subject to these conditions each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its customers. The Company only deals with goods subject to these conditions. The Company is not a common carrier and shall accept no liability as such;

The Company contracts as agent and trustee for our Employees, Agents and Sub-Contractors so they also have the benefit of the contract and these conditions (including any exclusions or limitations of liability we have) to the same extent as us and as if they were parties to it.

Definitions

  • Cargo refers to any item, object or goods accepted by the Company for transport, handling, storage, or related services. This includes but is not limited to: motor vehicles of all types (including cars, buses, trucks, motorcycles, and motorhomes); caravans and trailers; boats on trailers; shipping containers; industrial or commercial machinery; equipment; palletised goods; static cargo (ie. Non-moveable or non-self-propelled items); and any other drivable, towable or transportable cargo, whether powered or unpowered. The term cargo encompasses both whole units and component parts, whether shipped individually or collectively, and whether new, used, operational or inoperative.
  • Charges means the Company quoted charges for Services calculated under its rates schedule or other agreed rates and the charges and any cost of any the Company extra services tax (GST) levied directly on transport or supply under these Conditions.
  • Claim means a demand claim, action or proceeding made or brought by or against a person, however arising and whether present unascertained immediate, future or contingent.
  • Client means the person at whose request or on whose behalf of the Company provides the Services. The Client includes any person or persons acting on behalf of and with the authority of the Client. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the price/prices offered or agreed.
  • Company means McPhee Freight Pty Ltd (ACN 082 020 059) and includes its employees, executives and anyone acting on behalf of the Company.
  • Conditions mean these Standard Conditions of Contract.
  • Consequential Loss means any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of bargain, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, wasted expenditure, any loss or gain for which restitution damages is capable of being awarded, or any similar loss which was not contemplated by the parties.
  • Consumer means an individual who acquires our services wholly or predominately for personal, domestic or commercial use.
  • Container means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry cargo.
  • Contract means the transport agreement between you and the Company.
  • Contractor means the Company and its successors and assigns or any person acting on behalf of and with the authority of the Company.
  • Customer means the person at whose request or on whose behalf of the Company provides the Services. The Customer includes any person or persons acting on behalf of and with the authority of the Customer. Where more than one customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the price.
  • Dangerous Goods means Dangerous Goods as defined in the Australian Dangerous Goods Code, and any Goods which are dangerous, volatile, explosive, inflammable or offensive, or which may become dangerous or harmful to any person, property or the environment whatsoever.
  • Dispute means any controversy, Claim or dispute arising out of or in relation to this agreement.
  • Force Majeure Event means anything outside our reasonable control, including without limitation, fire, storm, flood, pandemic, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority.
  • Goods refers to any item, object or goods accepted by the Company for transport, handling, storage, or related services. This includes but is not limited to: motor vehicles of all types (including cars, buses, trucks, motorcycles, and motorhomes); caravans and trailers; boats on trailers; shipping containers; industrial or commercial machinery; equipment; palletised goods; static cargo (ie. non-moveable or non-self-propelled items); and any other drivable, towable or transportable cargo, whether powered or unpowered. The term goods encompasses both whole units and component parts, whether shipped individually or collectively, and whether new, used, operational or inoperative.
  • Government Agency means a government or government department or other body, a governmental semi-governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law.
  • GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) ACT 1999 (Cth).
  • Input Tax Credit has the same meaning as Input Tax Credit under the GST Law.
  • Invoice means a tax invoice issued under the GST Law.
  • Laws means all applicable laws, regulations, guidelines, codes, standards or policies of the Commonwealth of Australia, any state, territory or local authority.
  • McPhee Freight means McPhee Freight Pty Ltd (ACN 082 020 059) with whom this contract is made.
  • Motor Vehicle means a passenger vehicle, light commercial vehicle or truck.
  • PPSA means the Personal Property Securities Act 2009 (Cth).
  • Price means the cost of the Services (plus any GST, where applicable), as agreed between the Company and the Customer.
  • Services means the whole of the operations and Services undertaken by the Company in anyway whatsoever connected with or concerning the Goods, together with a license to use related information technology systems/processes and software developed by The Company (if applicable) and utilised by the Company and/or the Customer in relation to those Services.
  • Services Agreement means, where applicable, the agreement forming part of this contract which includes specific provisions in relation to the Services.
  • Sign or Signature includes a provision in electronic form.
  • Sub-contractor means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not the Company) provides or agrees to provide the Services or any part of the Services.
  • Tax Invoice means the same as in the GST Law.
  • Writing means any representation of words, figures or symbols capable of being rendered in visible form.
  • You and Your means the person contracting with us on these conditions, any the third party or agent acting on behalf of the person contracting with us.

1. Application and Acceptance

All and any business undertaken by the Company is transacted subject to these Conditions. The Company is not a common carrier and shall accept no liability as such. The Company may refuse to deal with any goods without assigning any reason.

2. Australian Consumer Law

These Terms and Conditions do not have the effect of excluding, restricting, or modifying rights under Australian Consumer Law which cannot be excluded, restricted or modified by agreement.

To the extent permitted by law, the liability of the Company for breach of an Australian Consumer Law Guarantee is limited to the payment of the cost of having the relevant Services supplied again.

3. Authority of Customer

Customers entering into transactions of any kind with the Company expressly warrant that they are either the owners or authorised agents of the owners of any and all goods or property the subject matter of the transaction. By entering into the transaction, the Customer accepts these Conditions for themselves and for all other parties on whose behalf they are acting and warrant that they have authority to do so.

4. Authority to Amend Terms

No agent or employee of the Company has the Company’s authority to alter or vary these conditions.

5. Cancellation Policy

Cancellation requests must be received in writing. Minimum booking fees of $550 are non-refundable on cancelled bookings. Bookings cancelled during the agreed collection period or the business day prior, the full-service charge will apply. Full payment will be forfeited for cancellation requests once the service has commenced, no refund will apply. Charges may also apply for futile collections and/or cargo deemed as non-operational.

6. Chain of Responsibility (COR)

The Company is committed to ensuring, as far as reasonably practicable, that any carriage of Goods performed as part of the Services provided by the Company and its Sub-contractors, is performed safely and in accordance with Local, State and Federal mandates and legislation applied to Maritime, Road and Rail transport movements.

The Company will not comply with any directive or instruction by the Customer that might have the effect of contributing to a breach of any Local, State or Federal Laws applicable to Maritime, Road or Rail. This commitment extends to eliminating, or where elimination is not possible, minimising safety risks and the risk of damage to infrastructure.

The Company has a policy of compliance with its CoR obligations which is subject to regular audit and requires its Sub-Contractors to also have in place a policy of CoR which is also subject to audit and review. In the event of a breach of CoR obligations by the Customer, the Company may cease the provision of further services.

7. Collection and Delivery

The Customer is responsible for arranging the pick-up and delivery locations are accessible at the times agreed for collection and delivery and are reasonably suitable for collection or delivery of Goods.

The Company can;

  1. deliver the cargo at the delivery address supplied by the Customer; and
  2. deviate from any usual route or mode.

If the delivery address is unattended during normal business hours or, if the delivery address is a private address, during the prearranged delivery period, the Company can, at your expense, return the cargo to our nearest depot which will constitute delivery.

Vehicles requiring delivery to a private or residential address, will be to the kerbside only unless agreed to prior to delivery. The Customer agrees to meet the driver at an agreed location if access is not suitable.

Pending forwarding and delivery goods may be warehoused or otherwise held at any place or places at the sole discretion of the Company at the Customer’s or owners’ risk and expense.

Where Goods cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or because they are uncollected or not accepted by the consignee they may be sold or returned at the Company’s option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company.

All costs, charges and expenses incurred by the Company and arising in connection with the storage, sale or return of the Goods shall be paid by the Customer and may be deducted from the proceeds of the sale of the Goods.

Except where the Company is instructed in writing to pack the goods the Customer warrants that all goods have been properly and sufficiently packed or prepared for transport.

In addition to and without prejudice to the foregoing the Customer undertakes that it shall in any event indemnify the Company against all loss, damage, liability, claim, cost, expense, penalty or fine suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer's instructions or their implementation or the goods including containers.

The use of a Customer’s own form shall in no way derogate from these conditions the whole of which shall, notwithstanding anything contained in any such form, constitute terms of the agreement so entered into. Any provision in any such form which is contrary to any provision of these conditions shall to the extent of such inconsistency be inapplicable.

8. Condition Reporting and Claims Process

As a condition of the Company agreeing to provide the Services, the Customer acknowledges and agrees that the Company may photograph or otherwise record the condition of the vehicle, Cargo, or any goods accepted for transit. This documentation may be used for condition reporting, internal records, warranty assessment, or service-related investigations.

The Company is not obligated to provide copies of such records to the Customer, either before or after delivery.

The Customer, or their authorised consignee, must inspect the Cargo immediately upon delivery and notify the Company at the time of delivery of any alleged damage.

All damage or warranty-related claims must:

  • Be submitted in writing; and
  • Be received by the Company within 24 hours of delivery.

Claims submitted after this timeframe will not be accepted.

The Company provides limited warranty coverage for physical damage to Cargo during transit, up to a maximum vehicle value of AUD $80,000 per vehicle. Vehicles of higher value may be accepted for transport, subject to the Company’s prior written approval and an additional warranty premium of AUD $30 per $10,000 in declared value above $80,000. It is the Customer’s responsibility to declare the correct vehicle value at the time of booking. Where a warranty claim is escalated to the Company’s insurer for independent assessment:

  • A fee of AUD $750 applies for vehicles valued up to $80,000;
  • A fee of AUD $1,500 applies for vehicles valued above $80,000.

This warranty is not a substitute for comprehensive insurance. The Customer remains solely responsible for arranging adequate insurance coverage for the Cargo.

A misrepresentation or misdeclaration by the Customer regarding the condition, value, operability or other material attributes of the Cargo, may result in the Company voiding any warranty or damage claims, and the Customer shall bear full responsibility for any resulting costs, damages or losses.

9. Continuing Protections

All the rights, immunities and exemptions from liability in these terms and conditions shall continue to have their full force and affect in all circumstances and not withstanding any breach of this contract or of any of these terms and conditions by the Company or any other person entitled to the benefit of such provisions.

10. Container Transport

The customer shall be responsible for the timely return of any container to the person who owns or has a right to possession of the container in a clean and undamaged condition. The customer agrees to indemnify the Company against any claim, liability or expense, including detention or demurrage charges, which arise as a result of:

  1. a failure to return the container, or
  2. a delay in the return of the container beyond the customary period allowed for container returns, or
  3. any damage to the container, unless caused by the negligence of the Company, its servants, agents and/or subcontractors, or
  4. the container being returned in a dirty or contaminated condition, regardless of who failed or delayed in the return of the container or where or by whom the container was damaged, made dirty or contaminated.

The Customer shall indemnify the Company against any claim, liability or expense which arises as a result of delay in loading or unloading of the Customer’s goods, or any waiting time, detention or demurrage for any truck or any other conveyance whatsoever.

  1. The Company’s charges to the customer including freight shall be deemed fully earned on receipt of the goods by the Company and shall be paid and non-returnable in any event and whether goods are lost or not lost or a voyage or flight is broken up or abandoned. If there shall be a forced interruption or abandonment of a voyage or flight at the port or airport of shipment or elsewhere, any forwarding of the goods or any part thereof shall be at the risk and expense of the customer and of the sender, owner and consignee.
  2. All unpaid charges shall be paid in full and without any offset, counterclaim or deduction, in the currency invoiced by the Company.
  3. The Company’s charges including freight have been calculated on the basis of particulars furnished by, or on behalf of the customer. The Company may at any time open any container or any other package or unit in order to re-weigh, re- measure or re-value the contents and if the particulars furnished by or on behalf of the customer are incorrect, the customer shall pay the difference between the correct freight and the freight charged to the Company.

11. Customer Contract

The person delivering the Goods to and the person collecting the Goods from the Company are authorised to do so and are binded by this agreement.

The information provided to the Company by the Customer is used to provide transport services. The Customer acknowledges as a further condition of the Company’s agreement that the Company relies on the representations of the Customer in respect to the Goods to be transported, including but not limited to dimension, weight, condition, quality and safety. If such factors are other than as represented by the Customer at proposed acceptance by the Company, the Company’s rights to refuse to complete the Services are reserved and/or to otherwise increase the fee required by the Company. If the Customer’s representations are inaccurate, and the Company attends to the Customer’s pick-up location and the Customer refuses, or cannot, meet the Company’s additional fees may apply.

12. Dangerous and Hazardous Goods

Except under special arrangements previously made in writing, the Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods likely to cause damage. Any person delivering such goods to the Company or causing the Company to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be destroyed or otherwise dealt with if they became dangerous to other goods or property. The expression “goods likely to cause damage”includes goods likely to harbour or encourage vermin or other pests.

13. Deviation of Services

Subject to express instructions in writing given by the Customer and by the Company, the Company reserves to itself complete freedom of choice of means, route and procedure to be followed in the handling and transportation of goods.

If the Customer expressly or impliedly instructs the Company to use or it is expressly or impliedly agreed that the Company will use a particular method of providing the Services, the Company will give priority to that method. However, its adoption remains at the sole discretion of the Company and the Customer hereby authorises the Company to provide the Services by another method. If in the Company’s opinion it is necessary or desirable in the customer’s interests to depart from any express instructions, the Company shall be at liberty to do so.

14. Fully Operational Cargo

The Customer agrees that vehicles are mechanically sound, in good and safe operating condition, and comply with all applicable laws. All driveable cargo must have steering, brakes, handbrake, battery and wheels/tyres in full working order. Windows and windscreens must be intact, all seats in place and secured in order for your vehicle to be driven on/off the transporter.

Should your Cargo not meet any of the above-mentioned requirements, or if you have any questions relating to this, please contact Customer Service immediately for assistance.

Non-runners require specialised carriers who utilise tilt trays and winches, so it is vitally important that you advise the Company immediately should you think your vehicle may be deemed a non-runner so appropriate transport methods are considered and planned for.

15. Force Majeure

The Company shall not be liable to the Customer for any breach or failure to perform its obligations under these Conditions or for any damage or loss to Goods resulting from one of the following: perils, dangers and accidents of the sea or other navigable waters; act of God; act of war; act of terrorism; act of public enemies; pandemic (including circumstances arising from Covid-19), epidemic or other major public health emergency; arrest or restraint of princes, rulers or people, or seizure under legal process; strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; riots and civil commotions; saving or attempting to save life or property at sea; or any other cause arising beyond the reasonable control of the Company, without the actual fault or privity of the Company and without the actual fault or privity of the agents or servants of the Company.

The Company shall be released from its obligations under these Conditions to the extent that performance is delayed, hindered or prevented due to any event or circumstance beyond the control of the Company.

If the Company cannot carry out an obligation under the Contract, either in whole or in part, due to a force majeure event, then the Company’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable. However, all costs, charges and expenses already incurred by the Company prior to the termination or arising in connection with the disposal or return of the Goods shall be paid by the Customer.

16. Goods Contained In Cargo

Goods must not be transported within the Cargo under any circumstances unless prior written approval has been obtained from the Company. Unless special arrangements have been made and confirmed in writing, the Company will not accept, and bears no responsibility or liability whatsoever for, the transport of bullion, coins, precious stones, jewellery, valuables, antiques, artwork, livestock, or plants.

If the Customer fails to comply with this policy and attempts to transport goods or personal effects inside the Cargo without prior written approval, such items are carried entirely at the Customer’s sole risk. The Company accepts no responsibility or liability for any loss, damage, delays, additional charges, or theft arising from the Customer’s failure to adhere to this policy.

Failure to comply may also result in cancellation of services, payment for services will be payable in full, no refund, service or monetary compensation will apply.

Perishable goods, which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not identifiable may be sold or otherwise disposed of without any notice to the customer and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the customer.

Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold or returned at the Company’s option at any time after the expiration of 21 days from a notice in writing sent to the address which the customer gave to the Company on delivery of the goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the customer. A communication from any agent or correspondent of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.

17. Goods and Services Tax (GST)

Unless expressly stated, all prices or other sums payable are considered to be provided under this agreement are inclusive of GST.

If GST is payable, on any supply made under this agreement, the recipient will pay to the Company an amount equal to the GST payable on the supply.

The Company shall provide to the Customer a Tax Invoice to enable the Customer to claim an Input Tax Credit.

18. Governing Law and Jurisdiction

These conditions, the contract, and any claim or dispute arising out of or in connection with the services of the Company shall be subject to the law of Queensland and the Courts of the State of Queensland, shall have non-exclusive jurisdiction to hear and determine any dispute arising from or in connection with these conditions, the contract, and/or the provision of the services.

19. Himalaya Clause

Every exemption, limitation, condition and protection set out in these Terms and Conditions, and every right, defense, immunity, and exemption from liability to which the Company is entitled, shall also extend to and apply for the benefit of:

  1. All Sub-Contractors engaged by the Company;
  2. Every servant or agent of the Company or any Sub-Contractor;
  3. Any other person (other than the Company) involved in performing all or part of the Services; and
  4. Any party who may be held vicariously liable for the acts or omissions of any of the persons referred to in subclauses (a), (b), or (c).

For the purposes of this clause, the Company shall be deemed to act as an agent or trustee for each of the persons mentioned above, and all such persons shall be, or deemed to be, parties of this Contract to the extent necessary to give effect to this clause.

20. Liability and Indemnity

To the extent permitted by law, the Goods remain at the Customer’s risk throughout the performance of the Services. The Company, its employees, agents, and subcontractors shall have no liability for loss of damage, except where solely caused by the gross negligence of the Company.

The Customer indemnifies the Company against any claims, damages, losses, costs of liabilities (including legal fees on a solicitor-client basis) arising out of or in connection with:

  • Loss, damage, or misdelivery of Goods;
  • Misdelivery, failure to delivery or delay;
  • The provision of the Services;
  • Breach of these Terms or any Services Agreement by the Customer or their representatives;
  • Government duties, GST or penalties incurred due to incorrect or incomplete documentation;
  • Detention, demurrage or failure to return equipment or containers;
  • Failure to return containers or equipment, resulting in demurrage or other charges;
  • Handling of vehicles that are unsafe, non-drivable, or have inadequate ground clearance (less than 150mm);
  • Claims related to the classification or valuation of Goods, where the Company relied on Customer-supplied information.

The Company shall not be liable for any loss, damage, cost, expense, penalty or fine suffered whatsoever by the customer or any other person, howsoever caused or arising, whether:

  1. for loss of or damage to goods unless such loss or damage occurs whilst the goods are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the wilful neglect of the Company or its own servants, agents or subcontractors;
  2. for any delay in delivery, forwarding or transit or failure to deliver goods, any deterioration, contamination, evaporation or any consequential loss or loss of market however caused;
  3. for failure to follow instructions given to it by or on behalf of the unless such failure is due wilful neglect of the Company or its own servants, agents or subcontractor;
  4. in any way connected with marks, numbers, brands, contents, quality, value, weight, dimensions or description of any goods;
  5. for loss or damage resulting from fire, water, explosion or theft whether caused by negligence of the Company’s servants or otherwise.
  6. The exclusions of liability shall not apply for any loss, damage, cost, expense, penalty or fine if caused by the gross negligence, fraud, criminal conduct or wilful misconduct of the Company, its servants, agents or subcontractors.

Unless a Convention or law limiting the Company’s liability to a greater amount compulsorily applies, liability of the Company arising out of any one incident whether or not there has been any declaration of value of the goods, for breach of warranty implied into these terms and conditions by the Australian Consumer Law or howsoever arising, is limited to any of the lesser of following:

  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again.

The Company shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the Company within six months after delivery of the goods or the date when the goods should have been delivered. In the event that the said time period shall be found contrary to any Convention or law compulsorily applicable the period prescribed by such Convention or law shall then apply but in that circumstance only.

  1. In the case of carriage by sea, the value will not be declared or inserted in the Bill of Lading for the purpose of extending the Ship owners’ liability under the *Carriage of Goods by Sea Act 1991* except upon express instructions given in writing by the customer.
  2. In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and goods will be forwarded or dealt on the basis of minimum charges unless express instructions in writing to the contrary are given by the customer.

The Company and the customer are not liable to the other party for any loss suffered by the other party in connection with the goods or the services that is a consequential or indirect loss, including losses that are purely financial or economic losses, loss of opportunity, losses in connection with contracts, agreements or understandings the other party has with third parties, loss of market, or any other losses whatsoever that do not arise directly from physical damage to or loss of the goods and are consequential in nature.

The exclusion of liability in extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged arising from the Company providing the services under this contract and to any indirect or consequential loss arising from such loss, damage or injury or from failure to deliver, delay in delivery or misdelivery of goods or documentation.

The Company shall not be liable under any circumstances for any claim, cost, expense, loss or damage, penalty or fine resulting from or attributable to any quotation, statement, representation or information whether oral or in writing howsoever, wheresoever or to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification of, the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax or rate applicable to any goods or property whatsoever, unless such failure is due wilful negligent of the Company or its own servants, agents or subcontractor.

If repair is elected by the Company, the Company reserves the right to:

  1. Select a repairer of its choice;
  2. Choose between repair or market value payment;
  3. Use new, used, or non-genuine parts in repairs;
  4. Appoint a loss assessor at its sole discretion to review any claim.

No claim shall be considered unless the loss or damage exceeds AUD $750.

The Company does not accept liability for damage to the underside or concealed areas of a vehicle that are not visible or reasonably detectable during pre-shipment inspection.

Where applicable, liability is limited to the lesser of AUD $100 or the value of the Goods at the time of receipt by the Customer.

The customer, and the senders, owners and consignees of any goods and their agents, if any, shall be bound by and to warrant the accuracy of all descriptions, values, dimensions, weights and other particulars furnished to the Company for customs, consular, road transport and other purposes and shall jointly and severally indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission accuracy in such descriptions, values, dimensions, weights and other particulars, save to the extent that such inaccuracy or omission is due to the recklessness, fraud, criminal conduct or wilful misconduct of the Company, its servants, agents or subcontractors.

The customer and the senders, owners and consignees and their agents, if any, shall be jointly and severally liable for any duty, tax, impost, excise, levy, penalty, deposit or outlay of whatsoever nature levied by any Government or the authorities at any port or place in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection therewith and shall indemnify the Company, its servants and agents from all claims by third parties howsoever arising in connection with the goods.

21. Limitations & Exclusions of Liability

To the fullest extent permitted by law, all warranties, terms, conditions and consumer guarantees implied by statute, common law, or custom are excluded, except those expressly set out within or those that cannot legally be excluded (such as those under the Australian Consumer Law).

All cargo is transported and handled entirely at the Customer’s risk. The Company accepts no liability for loss or damage arising out of the performance, or non-performance, of the Services, whether in contract, tort (including negligence), bailment, breach of statutory duty, or otherwise, except as expressly provided in these Conditions or where such liability cannot be excluded by law.

The Company shall not be liable for damage to Cargo unless:

  1. The damage is clearly recorded by the consignee at the time of delivery on the delivery receipt or Cargo Condition Report; and
  2. The claim is supported by a pre-shipment survey report from a qualified and registered professional Cargo Surveyor.

The Company is not liable for any loss, damage, or deterioration to Cargo caused by or resulting from:

  • Pre-existing damage, hail, airborne objects, or exposure to weather;
  • Damage to glass, windscreens, or mechanical/electrical components;
  • Damage to personal property or contents within Cargo;
  • Road conditions including stone chips, vibration or potholes;
  • Movement of unsecured items within Cargo;
  • Damage to stone guards, underbody, concealed areas, or non-watertight vehicles;
  • Battery-related issues, corrosion, fire, animal droppings, or force majeure events;
  • Vehicles classified as statutory write-offs or in unroadworthy condition.

The Company excludes all liability for loss or damage arising out of or in connection with any breach of this agreement or related service agreement by the Customer or any associated party.

The Customer or consignee must inspect the Cargo immediately upon delivery. All claims must be submitted to the Company in writing within 24 hours of delivery. Claims received after this period will not be accepted.

The goods shall be prima facie delivered in the number, weight and condition as described unless notice of loss or of damage to the goods indicating the general nature of such loss or damage shall have been given in writing to the Company or to its representative at the place of delivery before or at the time of removal of the goods by a representative of the person entitled to delivery thereof or if the loss or damage be not apparent within three consecutive days thereafter.

22. Lien & Personal Property Securities Register (PPSA)

All goods and documents relating to goods shall be subject to a particular and general lien for monies due either in respect of such goods or any particular or general balance of other monies due from the customer, the sender, owner or consignee to the Company.

If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due that such goods are detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person and the proceeds applied in or towards satisfaction of such particular and general lien.

From the moment the Company or its employees or agents take custody of the Goods, the Goods, along with all current and future rights the Customer holds in relation to them and any associated documents, are subject to a continuing security interest in favour of the Company. This security interest secures payment of all amounts owed by the Customer — including, but not limited to, freight, customs duties and GST, demurrage, container detention, fines, penalties, salvage, general average, storage, brokerage fees, and any other debts, charges, or expenses owed by the Customer or its principals, employees, or agents. This security interest also extends to all costs and expenses incurred by the Company in enforcing its lien, including those associated with any public or private sale or auction, as well as legal and administrative costs.

In the circumstance that the proceeds of sale are not sufficient to cover all amounts payable to the Company, the Company retains the right to recover any deficit from the Customer. The Company acts as principal and not as agent and is not the trustee of the power of sale when the Company sells or otherwise disposes of Goods and any documents.

The customer agrees and acknowledges the Company is entitled in its discretion to register its particular and general lien as a security interest on the register established under the Personal Property Securities Act 2009 (Cth) and the Company has provided consideration for that security interest, by delivery of its promises under this agreement.

23. Price and Payment

All amounts due to the Company are payable in Australian dollars. The Company is entitled to charge a currency conversion premium when converting receivables into Australian currency.

At the Company’s sole discretion, the Price shall be either;

  1. As indicated on invoices provided by the Company to the Customer in respect of Services supplied; or
  2. The Company’s quoted Price which shall be binding upon the Company provided that the Customer shall accept in writing the Company’s quotation within 7 (seven) days.

The Customer must pay all applicable charges within 7 days of the invoice being issued or must be paid in full to the Company prior to delivery, whichever is first.

For vehicles requiring collection from the metro areas of the State’s Capital cities, invoices will be issued when the vehicle is on its way to its destination. Full payment in advance may be required prior to collection for vehicles travelling from non-capital cities.

Account Customers must finalise payment within the agreed payment terms of your account, not exceeding 30 days from the date of invoice.

We accept bank deposit (EFT) or credit card payment.

Credit card transactions paid over the phone incur a transaction fee of 2%, payable at the time of processing payment. All online payments via our secure online gateway (Stripe) must be made payable at the time of booking.

If payment is not made by the due date, the Company may suspend the provision of the services until payment has been made and funds received.

The Customer must also pay:

  1. Any cleaning charges or costs of cleaning the cargo if required by a Quarantine authority or authorised representative of the Company or its Agents;
  2. Additional charges applied if vehicles are measured by the Company’s agents, sub-contractors, port terminals, shipping Lines or other authorised representative of the Company and found to be under-declared in size;
  3. Futile trips: If the Company has arranged transport, cranes or any service on behalf of the Customer and cargo cannot be picked up or dropped off for any reason whatsoever, the Company reserves the right to charge up to the full amount of the transport price quoted;
  4. Costs incurred if we are unable to pick up the cargo during normal business hours or, in the case of a private address for pick up, during prearranged pick-up period;
  5. Costs for returning cargo to the nearest depot, if required;
  6. Applicable storage costs if you fail to collect the cargo from us within 3 days of the agreed collection date, or within 3 days after we notify you the cargo is available for collection, whichever is the later;
  7. Payment is required in full, and funds cleared prior to the release of cargo from the port of discharge. Storage costs of $300 a day apply when a vehicle is held at port as a result of non-payment of Services; and
  8. Interest at the rate under the Penalty Interest Rates Act 1983 if any charges are not paid on the due date for payment.

Instructions to collect payment on delivery (COD) in cash or otherwise may accepted by the Company upon the condition that the customer remains liable for the charges in the event of non-payment by the party nominated by the customer to pay the charges.

The Company may, by giving notice, to the Customer, increase the Price of the Services to reflect any increase in the cost to the Company beyond the reasonable control of the Company (including, without limitation, foreign exchange fluctuations, or increases in taxes, customs duties, insurance premiums or warehousing costs).

Charges payable for the Services offered by the Company are confidential and you agree not to disclose them to any third party.

The Company is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations retained by or paid to Ship Forwarding Agents (or Freight Forwarders) and Insurance Brokers.

When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the Customer shall remain responsible for the same if they are not paid by such consignee or other person.

24. Quarantine Requirements

Customers are responsible for cargo meeting State Quarantine laws and regulations, these may vary from State to State, and by commodity.

All vehicles/cargo entering Western Australia (WA) and Tasmania (TAS) will undergo a Quarantine Risk Inspection to identify items such as mud, leaves, soil, hay, animals, plants, flowers, seeds, nuts, insects, droppings, food products including fruits and vegetables and perishables packaging. This is a legal requirement.

All cargo must be completely clean inside, outside and underneath prior to pick up.

Things to check are clean and unladen; seat covers, carpet / floor mats, wheel arches, mud flats and tyre trims, boot and spare tyres, steps and running boards, engine, grill and radiator core, chassis rails and channels, toolboxes and mounts.

Cargo that requires cleaning prior to Quarantine inspection will be charged directly to the Customer.

Failure to comply to strict Quarantine directions may result in your vehicle completing a duration in Quarantine. You will be required to pay:

  • Cargo to be cleaned to a satisfactory standard for entry into WA or TAS; and
  • Fee of $110 or more for reinspection by a WA or TAS Quarantine officer and/or certified inspecting agent before your vehicle can be released.

The Company is not liable for any additional Quarantine charges for cleaning, transport, reinspection or attendance.

25. Quotations

Quotations are valid for a period of 28 days. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal before acceptance.

Errors and Omissions Excepted (E&EO).

All quotes provided are in Australian dollars (AUD) and subject to include 10% Goods and Services Tax (GST) unless stated otherwise.

Quotations are valid only for the specified weight and volume ranges quoted and for the designated services and standard of services quoted. If any changes occur in the rates of freight, insurance premiums, warehousing, statutory fees or any other charges applicable to the Goods, quotations and charges are subject to revision accordingly with notice, or if it is not reasonably practicable, without notice to the Customer.

Bookings are strictly subject to space, equipment and transport availability.

Should a Government Authority cause an increase in the costs associated with performance of the Service by the Company, including without limitation, through the introduction of fees, levies, charges, duties or tax, the Company is entitled to recover such additional costs incurred by it and the fees are subject to revision accordingly with notice or, if it is not reasonably practicable, without notice to the Customer.

26. Refunds

Refunds will be processed within 3 business days of agreement. Funds can then take up to 3 business days to process, depending on your bank or financial institution.

27. Sale of Uncollected Goods in Storage

Where Goods are stored by the Company for the Customer, and they are uncollected for whatever reason they may be sold or returned at the Company’s option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company. All costs, charges and expenses incurred by the Company and arising in connection with the storage, sale or return of the Goods shall be paid by the Customer and may be deducted from the proceeds of the sale of the Goods.

If the sale of Goods does not provide sufficient proceeds to discharge all liability of the Customer to the Company, the Customer acknowledges that it is not released from the remainder of the liability to the Company merely by sale of the Goods.

The Company sells or otherwise disposes of such Goods as principal and not as agent and is not trustee of the power of sale.

28. Sub-Contractors and Authority

Any instructions given to the Company may in the absolute discretion of the Company be complied with by the Company as agent for the customer as disclosed principal or by the Company as principal contractor by its own servants performing part or all of the relevant services or by the Company employing or instructing or entrusting the goods to others on such other conditions as they may stipulate to perform part or all of the services. Where the Company acts as agent for the customer as disclosed principal, the customer shall be bound by such other conditions and shall release the Company from liability and indemnify the Company against any claims arising out of their acceptance. Where the Company acts as principal contractor, the customer authorises the Company to subcontract on any terms the whole or any part of the services. Such authorisation extends to any subcontractor and sub-subcontractor.

Every servant, Subcontractor, sub-subcontractor or agent of the Company shall have the benefit of all provisions herein as if such provisions were expressly for their benefit. In entering into this contract, the Company, does so not only on its behalf, but as agent and trustee for such servants, Subcontractors, sub-subcontractor and agents and each of them shall to this extent be or be deemed to be parties to the contract.

  1. The customer undertakes that no claim will be made whether by the customer or any other person who is or may subsequently be interested in the services and/or the goods against any servant, sub-contractor or agent of the Company which imposes or attempts to impose upon any of them any liability whatsoever and howsoever caused; and that if any such claim should nevertheless be made, the customer undertakes to indemnify the Company and the subcontractor against any liability of the Company or subcontractor, expenses, fines, charges or losses including legal costs sustained or incurred as a result of the breach of the undertaking.

29. Surveying Cargo & Special Transport Conditions

Cargo measurements used to determine freight rates are conducted by Shipping Lines, Port Terminals, the Company’s Agents, Sub-Contractors, and other Authorised Representatives. The Company accepts no responsibility for any variation in dimensions identified during these surveys. Any resulting change in freight or transport charges due to under-declared dimensions remains fully payable by the Customer.

If the Customer disputes any measurements or believes the actual dimensions differ from those provided, they must contact the Company promptly for clarification. Remeasurement can be arranged; however, policies vary by provider:

  • Some Shipping Lines or Port Terminals permit remeasurement free of charge;
  • Others may require a Surveyor’s fee;
  • Some allow remeasurement only before discharge at the Terminal or depot.

Transport of Electric and Hydrogen-Powered Vehicles

Electric Vehicles (EVs) and vehicles containing lithium batteries are only accepted by select Shipping Lines and Transporters. Transport of EVs is strictly subject to prior approval and may require submission of additional documentation regarding battery safety and handling.

Hydrogen-powered vehicles are subject to the same restrictions. Approval will require supporting documentation demonstrating safety, operating procedures, and valid Fuel Cell Pressure Certification.

The Company will assist the Customer in selecting appropriate carriers and vessels for the transport of such vehicles. Operating manuals and other technical documents may be requested prior to acceptance of the booking.

Vehicles with Alcohol Interlock Devices

Vehicles equipped with alcohol interlocking devices must be declared at the time of booking. Transport is strictly subject to approval, and if accepted, a minimum of seven (7) brand new cartridges must be supplied by the Customer prior to shipment.