Terms and Conditions
Revised March 2022
The following Terms and Conditions form part of any quotation and/or services provided by McPhee Freight Pty Ltd.
You agree that by proceeding with a booking, accepting a quotation or agreeing to any service provided, including bookings made by phone, email or website, you are indicating that you have had sufficient opportunity to read the Terms and Conditions as set out below and agree to accept and are bound to abide. You agree you have taken action to contact our Customer Service Team to clarify any Terms and Conditions when not fully understood prior to proceeding with services offered by McPhee Freight Pty Ltd.
Booking agents shall ensure all Terms and Conditions are communicated clearly with their clients.
Account holders, please refer to your Account Terms.
- Cargo means motor vehicle, car, bus, truck, motorhome, shipping container, machinery, equipment, palletised, static, driveable or towable cargo of any type.
- 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 The Company 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 contract 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 means the Motor Vehicle or item in relation to which any part of any Services have been or are to be performed.
- 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 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 utilized by The Company and/or the Customer in relation to those Services.
- Services Agreement means, where applicable, the agreement forming part of this contact 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.
- Trading Conditions means the standardised terms imposed by the Company and accepted by the Customer for providing freight-forwarding logistical services.
- Vehicle means a truck or other Motor Vehicle, or train employed by a person other than The Company or its sub-contractors to deliver the Goods to The Company or to collect Goods from The Company at a premises. You and Your means you, the Customer specified in the booking confirmation.
- 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 and/or the third party/agent acting on behalf of the person contracting with us.
The Company is not a common carrier, do not accept liability as a common carrier and may refuse to provide services to the Customer for any reason.
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.
The Company will collect the Goods from, and deliver the Goods to, the locations and persons specified in the booking confirmation or, if relevant, the bill of lading or consignment note.
Application And Acceptance
These Trading Conditions apply to all services provided by the Company to the Customer and prevail over any terms and conditions provided by the Customer and as contained in any transport document, including bill of lading or consignment note.
The Customer acknowledges and agrees that the Terms and Conditions have been received and are understood. By instructing the Company to perform the Services, the Customer will be bound by the Trading Conditions of the Company.
Australian Consumer Law
Notwithstanding anything herein contained, any Australian Consumer Law Guarantee that applies to the Services are not excluded. 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.
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.
Chain of Responsility (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.
Collection and Delivery
The Customer is responsible for arranging that the collection 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;
- deliver the cargo at the delivery address supplied by the Customer; and
- deviate from any usual route or mode of transport to provide the services.
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 and/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.
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.
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.
You must not tender for services any dangerous goods and agree that no dangerous goods are put into the cargo.
Dangerous goods mean any articles or substances which are or may become, a risk to health, safety, property or the environment (but not goods inherently part of the cargo like petrol in a car’s fuel tank).
In the event that the Goods are found to be Dangerous Goods they 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.
Gas bottles that are brand new, never filled or tested may, by written agreement and subject to conditions, can travel with your vehicle. A declaration form must be completed and received by the Company. The declaration needs to be accompanied by a valid, up-to date gas free certificate which must be attached to the cylinder also. Contact us for a copy of the declaration form then please complete and submit by email to email@example.com, referencing your booking number and/or vehicle identification details.
If such goods are accepted under agreement, they may nevertheless be destroyed or otherwise dealt with if they become dangerous to other goods or property or if identified as a risk. New gas bottles travel at the Customer’s liability and are not covered by Company insurances or warranties.
The expression “goods likely to cause damage” also includes goods likely to harbour or encourage vermin or other pests and all such goods fall within the definition of hazardous and dangerous goods.
Deviation of Services
The Customer authorises any deviation from the agreed or usual manner in which the Services are provided which may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstances.
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.
The Company reserves to itself complete freedom to decide upon the means, route and procedure to be followed in the handling, storage and transportation of the Goods and is entitled and authorised to engage Sub-contractors to perform all or any of the functions required of the Company upon such terms and conditions as the Company in its absolute discretion may deem appropriate.
Fully Operational Cargo
The Customer agrees that vehicles are in good condition, safe operating order and comply with all applicable laws.
All cargo booked as drivable 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.
The Company shall not be liable to the Customer for any breach or failure to perform its obligations under these Trading 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.
Goods Contained In Cargo
Goods are not permitted to travel within the vehicle/cargo under any circumstances.
Should the Customer fail to comply to this policy and attempt to transport inner cargo and/or personal effects, this is at the sole risk of the Customer.
The Company is not liable for any loss, damage, delays, additional costs applicable or theft as a result of failure to comply with this policy.
Failure to comply may also result in cancellation of services, payment for services will be payable in full, no refund and/or service or monetary compensation will apply.
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.
Every exemption, limitation, condition and liberty in these Trading Conditions and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled in accordance with these Trading Conditions shall also be available and shall extend to protect all Sub-contractors;
- Every servant or agent of the Company or of a Sub-Contractor;
- Every other person (other than the Company) by whom the Services or any part of the Services are or is provided; and
- All persons who are or may be vicariously liable for the acts or omissions of any persons falling within paragraphs (a), (b) or (c) herein:
and, for the purpose of this clause, the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Contract.
The Company shall not be liable for any loss suffered by the other party in connection with the Goods or the Services that is an indirect or Consequential Loss including:
- Losses that are purely financial or economic losses;
- Loss of opportunity;
- Losses in connection with contracts, agreements, or understandings the Customer has with third parties; and
- Any other losses whatsoever that do not arise directly from physical damage to or loss of the Goods and are consequential in nature.
Insurance And Warranties
The Customer authorises any deviation from the usual manner in which the Services are provided which may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstances.
The Customer acknowledges as a condition of the Company’s agreement to provide the Services, that the Company may take photographs and/or evidence of the condition of the vehicle, cargo or any goods taken into transit and use the photographs, condition reports and/or other evidence for any purpose. In doing so, the Company is under no obligation to provide the photographs to the Customer either before or after possession of the Goods.
Warranty is subject to the limitations and exclusions of liability outlined and is for physical loss or damage only to the cargo. All claims incur a minimum excess of $750. For vehicles exceeding $80,000 vehicle value, claims incur an excess of $1,500.
If we breach our warranty, The Company will pay you the lesser of:
- The substantiated cost of repairs to the cargo; or
- The fair value of the vehicle as reasonably determined by us, in which case we will own the damaged cargo or the cargo if it is later found.
Limitations & Exclusions To Liability
We make no express warranty in except our warranties noted in Condition 15 and exclude from these conditions, all conditions, warranties, terms and consumer guarantees to the greatest extent allowed by law.
The cargo is at your risk at all times, we exclude all liability to you or any other person for any loss or damage arising from performance or non-performance of the services, and whether in contract, bailment, tort including negligence or breach of statutory duty, unless and to the extent our warranties outlined in Condition 15 outlined above.
We will not pay for;
- Damage to the cargo unless the damage is noted in writing by the consignee on the delivery receipt copy of the Contract or Cargo Condition Report and must be supported by a pre-shipment Survey report from a qualified, registered professional Cargo Surveyor;
- Pre-existing damage, hail or airborne objects damage, glass and/or windscreen damages, mechanical or electrical damage or derangement, loss or damage to personal property or effects from within the cargo, damage caused by road conditions (including stone chip damage), damage to the vehicle due to movement of objects within the cargo, damage to stone guards, damage to vehicles that are statutory write-offs, damage caused in as a result of the vehicle travelling is not water tight, damage from battery corrosion and/or fires, damage as a result of animal droppings or a force majeure event; or
- Any indirect, special or consequential loss or damage including loss of profits, business or anticipated savings or other economic loss, even if we know they are possible or otherwise foreseeable; or
- Breach by the Customer or associates of any term of these Conditions and/or any applicable Services Agreement; or
The Customer or receiver shall inspect the vehicle upon delivery and shall immediately notify the Company of any alleged damage to the vehicle. All warranty claims must be made in writing within 24 hours of receiving the vehicle. No claims will be considered outside of this period.
To the full extent permitted by law, the Goods remain at the risk of the Customer during the Services and the Company, its servants and agents will have no liability whatsoever to the Customer, whether in tort, contract, bailment, or otherwise, unless such is solely caused by, and attributable to, the gross negligence of the Company in provision of the Services, and the Customer shall indemnify the Company in respect of any claims made by third parties concerning the provision of the Services by the Company, in connection with or arising out of, but not limited to
- Loss or physical damage to the Goods;
- Deterioration of the Goods;
- Misdelivery, failure to deliver or delay in deliver of the Goods;
- The Company’s provision of the Services;
- Any loss or damage caused directly or indirectly by the Customer or associates by breach of these Trading Conditions;
- Amounts of Customs Duty, GST and other payments made to Government Authorities on behalf of the Customer;
- Any penalties payable by the Company under the Customs Act 1901, or other legislation, due to the Customer providing incorrect, false or misleading information to the Company; omitting to provide information to the Company; and/ or failing to provide information or documents to the Company as requested by the Company;
- Damages payable by the Company from the failure of the Customer to return any container or transport equipment involved in Carriage in the time required by the contract between the Company and the supplier or owner of that container or other transport equipment;
- Demurrage or other charge for detention or failure to return items provided by the Company pursuant to contracts with other parties;
- Damages payable by the Company arising from or contributed to by errors or misrepresentations by the Customer;
- Motor vehicle which cannot be moved under its own power, has a ground clearance of less than 150mm, or is an unsafe or unroadworthy condition;
- The Company does not accept liability for damage to the underside or concealed areas of the vehicle;
- That liability shall not exceed AUD (Australian dollars) $80,000 unless by prior agreement in writing, at an agreed value;
- The Company’s liability is limited to the cost of repairing the vehicle, or by payment of the current market value of the vehicle (whichever is the lesser amount);
- The Company shall be entitled to choose whether it will repair the vehicle at a repairer of its choice or pay the cost of current market value;
- The Company has a right to specify the use of new, used or non-genuine parts for the repairs;
- The Company may appoint a loss assessor of its own choice;
- The liability of the Company, in respect of an incident, is limited to supplying the Services again or to the payment of the cost of having Services supplied again, subject to the loss of or damage to the Goods exceeding $750;
- Losses or damage incurred by the Company due to a breach by the Customer of any of the warranties in these Terms and Conditions;
- Damage to any real and personal property and any injury to or death of any person, caused by negligent act or omission of the Customer or associates arising out of or in connection with this Agreement;
The nature of the indemnity provided by the Customer pursuant to these terms and Conditions shall include, without limitation, all penalties, liabilities, all losses (including indirect and Consequential Loss) and damages assessed against the Company and its officers and employees, together with all legal costs incurred by the Company (calculated on a solicitor/client basis). The indemnity shall continue in force and effect whether or not the Goods have been pillaged, stolen, lost, damaged or destroyed.
Moreover, the Customer indemnifies the Company against any penalties, interest, tax or additional duty that is payable as a result of the Company providing information or making statements to any Government Authority as are necessary for the Company to comply with the terms of its Licences or Customs Related Laws.
Except as required by law, the Company shall not be responsible in negligence or contract or otherwise for loss, damage, costs, fines or penalties incurred by the Customer or any other person resulting from or arising out of or in connection with any quotation, advice, statement, representation or information given or made by or on behalf of the Company to the Customer or others as to the classification of or any matter material to the valuation of or the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax or rate charged in respect of the Goods or any cargo whatsoever. In giving or making any such quotation, advice, statement, representation or information the Company relies solely on the particulars provided by the Customer which warrants that those particulars accurately and completely describe all aspects of the Goods or cargo and the transaction(s) relating to the Goods or cargo.
In all cases where liability of the Company has not been excluded, whether by these Conditions, by statute or by international convention or otherwise, the liability of the Company whatsoever and howsoever arising is limited to
- Australian $100 or the value of the Goods the subject of the Contract at the time the Goods were received by the Company, whichever is the lesser; or
- In the case of a breach of an Australian Consumer Law Guarantee, the payment of the cost of having the Services supplied again.
The Customer will indemnify the Company for all charges and liabilities arising in connection with the use of any container or containers including repair costs, cleaning costs and/or detention charges. The Customer’s indemnity will include any reasonable costs, either administrative or legal, incurred by the Company in recovering from the Customer any amounts owing, pursuant to this indemnity.
The Company shall have a lien on the Goods and/or any other cargo or items of the Customer in possession or control of the Company and any documents relating to those Goods, cargo or items for all sums payable by the Customer to the Company.
The Company shall have the right to charge for storage and/or may remove to a warehouse or bond store, the Goods, cargo or items subject to a lien at the risk and expense of the Customer.
The Company can
- Claim a general or particular lien on the cargo for all charges due;
- May under the lien sell the cargo by public auction or private sale to recoup any outstanding fees
- Charge without any notice to you; and
- May set-off or deduct from any payment due to any charges you owe us.
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.
From the time the Company, its servants or agents, receive the Goods into its custody, the Goods and all of the Customer’s present and future rights in relation to the Goods and any documents relating to those Goods, are subject to a continuing security interest in favour of the Company for the payment of all the amounts owed for freight, customs import duty and GST, demurrage, container detention, fines, penalties, salvage, average of any kind, storage, and brokerage fees and without limitation for any at all debts, charges, expenses or any other sums due and owing by the Customer or the Customer’s principals, servants or agents. Further, the continuing security interest shall cover all the costs and expenses of exercising the lien, including the costs of a public or private sale or auction, including legal and administration costs.
Personal Property Securities Register (PPSA)
The Customer acknowledges that the Company shall have a Security Interest which attaches over any Goods, and that the Company may, at the Customer’s cost, register its security interests granted by the Customer under these Trading Conditions, and all of the Customer’s present and future rights in relation to the Goods, on the Personal Property Securities Register established under PPSA. The Customer consents to the registration of the Security Interest under PPSA.
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;
- As indicated on invoices provided by the Company to the Customer in respect of Services supplied; or
- 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 3 days of the invoice being issued.
Transport must be paid in full to the Company prior to delivery. 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.
All online payments via our secure online gateway (Stripe) must be made payable at the time of booking.
All credit card payments incur an additional 2% surcharge, payable at the time of processing payment.
The Customer must also pay:
- Any cleaning charges or costs of cleaning the cargo if required by a Quarantine authority or authorised representative of the Company or its Agents;
- 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;
- 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;
- Costs for returning cargo to the nearest depot, if required;
- 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;
- 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
- Interest at the rate under the Penalty Interest Rates Act 1983 if any charges are not paid on the due date for payment.
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).
If payment is not made by the due date, the Company may suspend the provision of the Services until payment has been made.
We accept bank deposit (EFT) or credit card payment. Credit card transactions paid over the phone incur a transaction fee of 2%.
Charges payable for the Services offered by the Company are confidential and you agree not to disclose them to any third party.
The difference in transport costs for vehicles measured by the Company’s Agents, Sub-Contractors, Port Terminals, Shipping Lines or other Authorised Representative of the Company and deemed to have been under-declared in size will incur the additional transport costs.
All vehicles/cargo entering Western Australia (WA) and Tasmania (TAS) will undergo a Quarantine Risk Inspection to identify items such as soil, hay, plants, flowers, seeds, nuts, insects, 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 flaps and tyre rims
- Boot and spare tyres
- Steps and running boards
- Engine, grill, 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 Quarantine directions may result in your vehicle completing a duration in Quarantine. You will be required to pay:
- To have your vehicle cleaned to a satisfactory standard for entry into WA; and
- A fee of $110 or more for reinspection by a WA/TAS Quarantine officer and/or certified inspecting agent before your vehicle can be released.
Further charges are applicable for reassessment. The Company is not liable for any additional Quarantine charges for cleaning, transport, reinspection or attendance.
Quarantine regulations and costs vary from State to State, and by commodity.
Quotes are valid for a period of 30 days from the date of issue, unless stated otherwise.
Errors and Omissions Excepted (E&OE).
All quotes provided are in Australian dollars (AUD) and subject to include 10% Goods and Services Tax (GST) unless stated otherwise.
Quotations as to fees and other charges are given on the basis of immediate acceptance and subject to the right of withdrawal or revision by the Company.
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.
Government Authority causes 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.
Bookings are strictly subject to space, equipment and transport availability.
Refunds will be processed within 2 business days of agreement. Funds can then take up to 3 business days to process, depending on your bank/financial institution.
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.
The Company, as an agent for the Customer, may contract either in its own name as principal or agent for the Customer with any Sub-contractor for the carriage, movement, transport or storage of the Goods or for the performance of all or any part of the Services pursuant to or ancillary to these Trading Conditions.
Any such contract may be made upon the terms of contract used by the Sub-contractor with whom the Company may contract for the Services and may be made upon the terms and subject to the conditions of special contract which the Sub-contractor may in any particular case require, including in every term that the Sub-contractor may employ any person, firm or company for performance of the Services so contracted for.
Shipping Lines, Port Terminals, the Company’s Agents, Sub-Contractors and other Authorised Representatives measure cargo in which our freight rates are based. The Company accepts no responsibility for any change in the dimensions as a result of a vehicle being surveyed or the change in transport costs for under-declared cargo. The difference in transport costs will remain payable.
If the Customer disagrees with any dimensions provided and/or deviation from the information provided to us, shall contact the Company for clarification.
Remeasurements can be arranged. Each Shipping Line, Port Terminal, Agent, Sub-Contractor and Authorised Representative has different policies on this. Some charge for a Surveyor while others allow this for free, others only allow remeasurement prior to discharge at the Terminal and/or depot.
Electric Vehicles (EV’s) and vehicles travelling with Lithium Batteries are accepted by limited Shipping Lines and Transporters. Transport of EV’s are strictly subject to approval.
Hydrogen powered vehicles are treated in the same manner with supporting documentation as to safety and operation being required along with Fuel Cell Pressure Certification.
The Company will work with the Customer to appropriately allocate freight to suitable Shipping Line’s vessels. Operating manuals and supporting documentation may be requested prior to transport.
Vehicles fitted with an alcohol interlocking device must be declared prior to booking and are subject to approval only. If authorised, a minimum of 7 brand new cartridges are required.
Any claim for loss or damage must be notified in writing to the Company within 24 hours of delivery of the Goods.
If no claim for loss or damage is made within 24 hours of delivery of the Goods, then the Customer is deemed to have accepted the Goods to the fullest extent permitted by law, waives any claim for loss or damage against the Company in respect of the Services.
The Company is not liable for the below types of damage. Also note that any insurance policy may not cover these circumstances;
- Any mechanical faults
- Rust / erosion / corrosion
- Electrical faults including any battery related issues
- Damage or loss caused by bio-security cleaning
- Damage or loss caused by Quarantine treatments such as but not limited to heat treatment, steam cleaning or fumigation
- Vehicle damage with a ground clearance below 150mm
- Damage or loss to inner cargo
- Parts/items subject to asbestos testing and/or removal