Interstate Freight Services - PalletXpress Pallet Transport Company

Service Terms and Conditions

This document contains two distinct and separate sets of proposed contract terms and conditions of service:

1. Terms that are designed to form part of agreements which do NOT constitute a 'Consumer Contract' for the purposes of the Australian Consumer Law. (PART 1 - below)

2. Terms that ARE designed to form part of agreements which constitute a 'Consumer Contract' within the meaning of the Australian Consumer Law. (PART 2 – below)

A consumer contract is a standard form contract for a supply of goods or services to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.

The terms of any agreement between a Client and the Company are fully negotiable. Clients and potential clients are welcome to write their own terms and conditions of service, or vary or negotiate all or part of these terms and the Company will re-quote accordingly.

However if this is not done prior to entering into an agreement for the movement of goods then the Service terms and conditions in Part 1 will apply to non consumer contracts and those in Part 2 to consumer contracts in governing the relationship between the parties.

As these terms are initially fully negotiable proposed service terms, it is the Company's view that any agreement that is entered into that incorporates all or part of these service terms is not a standard form Contract and is therefore precluded from being a Consumer Contract.

PART 1: The following terms are designed to form part of agreements which do NOT constitute a 'Consumer Contract' for the purposes of the Competition and Consumer ACT 2010 - Schedule 2 The Australian Consumer Law (Cth).

1. Definitions and Guarantees.

In this agreement

1a) “Client” shall mean the person who requests the Company to arrange for the carriage of Goods or for the provision of other services on its behalf . Where the Client is an incorporated body the directors of the Client guarantee its performance. Where the Client is not present during loading or unloading, the term Client shall extend to the Client’s representative.

1b) “Company” shall mean the person whose name is printed on the face of the accompanying quotation or other document or in the absence thereof who is otherwise identified as the person with whom the Client enters into a contract that incorporates these Conditions.

1c) “Contractor” shall mean any person who has appointed the Company as agent to procure orders for the carriage of goods or to find other work on behalf of that person.

1d) “Goods” shall mean any goods, which the Client has requested to be carried or arranged to have carried.

1e) “Services” shall mean any transport, storage, pre-packing and any other services whatsoever that the Client has requested the Company to provide.

1f) “Time rate” shall be $45 per 15 minutes or part thereof as at 1 July 2021 and adjusted annually with the CPI movement from its level as at June 2021.

2. Interpretations and Governing Law.

2a) Any provision of this agreement which is capable of being interpreted as being void, voidable, illegal or unenforceable, shall not be so interpreted if at all possible, and shall otherwise be severed to the minimum extent necessary with the remainder of the agreement remaining in force.

2b) All the rights, immunities and limitations of liability in these conditions of contract shall continue to have their full force and effect in all circumstances, notwithstanding any breach (including fundamental breach) of contract.

2c) Unless otherwise apparent from the context, singular words include the plural and vice versa, words in any one gender include any other gender and any reference to person includes both natural persons and corporations.

2d) Words in italics are for guidance only and do not and shall not be deemed to form part of this agreement.

2e) This agreement shall be governed by and interpreted and enforced in accordance with the laws applicable in the Australian Capital Territory. This agreement shall be deemed to have been entered into in the Australian Capital Territory.

3. Applicability of these Terms and Conditions of Service.

3a) These service Terms and Conditions of Contract shall apply to any Contract for the carriage of Goods (or the provision of other services) that was entered into after being given a reasonable opportunity to view them on the Company’s web site, booking on the Company’s website or as a result of the acceptance of any quotation accompanied by these Conditions whether in hard copy format, pdf format or otherwise, subject always to any amendments or alterations agreed to in writing by the parties at any time after the preparation of the quotation. These Conditions shall also apply to any further such contracts if they are entered into without reference to any other conditions.

3b) The Client acknowledges that the Company acts as agent for every Contractor referred to in these terms and conditions in procuring the Client’s business and that the Company has disclosed that fact to the Client prior to the Client entering into any contract.

3c) By entering into this contract the Client also accepts these Conditions on behalf of all other persons on whose behalf they are acting.

3d) Any term of these conditions which limits the liability of the Company, also extends to and enures for the benefit of its employees,agents, contractors and sub-contractors and in turn to their employees, agents, contractors and sub-contractors. For the purposes of this sub-clause, the Company shall be deemed to be the agent or trustee of such persons and such persons shall, to the extent necessary to give effect to this sub-clause, be deemed to be parties to this agreement. However this provision shall not be construed as imposing or implying any additional liability on those persons to any person for any reason.

4. Variation of Conditions.

Unless otherwise specified in this agreement, these service terms and conditions can only be varied by mutual consent. The consent of the Company for such a variation can only be given in writing by a director, secretary or manager of the Company.

5. The Company and the Contractor are NOT COMMON CARRIERS and will accept no liability as such. All goods are carried subject only to the Conditions that were agreed upon for the carriage of those goods and the Company and the Contractor reserve the right to refuse to carry any Goods.

6. Terms relating to the Nature and Ownership of Goods.

Unless otherwise agreed:

6a) The Client expressly warrants that the Client is either the owner or the authorised agent of the owner of any Goods or property the subject matter of this contract. If the Client is not the owner the Client nevertheless warrants that the Client has the authority to enter into this contract for the carriage of goods.

6b) Goods are accepted by the Company on the condition that they comply with the requirements of any applicable law relating to the nature, condition and packaging of the Goods, and without limiting the generality hereof:

i) that the Client notifies the Company whenever any Dangerous Goods Act or similar legislation (“DGA”) applies to any Goods, and guarantees that all requirements of such laws have been met, and

ii) that the goods are fully described in writing on all relevant paperwork, including their name and nature, and in the case of goods to which a DGA applies, are accompanied by a consignment note that complies with the Act.

6c) Where in the opinion of the Company any Goods are are unable or unsafe to be loaded, unloaded or placed as requested due to their nature, condition or location, or are dangerous, corrosive, noxious, explosive, flammable, perishable or capable of attracting vermin or pests the Company may refuse to carry or, if carriage has commenced, take any action reasonable to dispose, destroy or otherwise deal with the Goods at the expense of the Client and without incurring any liability to the Client.

6d) The Client agrees to notify the Company in writing, prior to pickup, of any Goods that are inherently fragile or of a nature or value that is not readily apparent, and of any special precautions of which the Company cannot reasonably be expected to be aware that should be taken when carrying such Goods.

7. Ongoing 17.5% Engagement Fee.

Unless otherwise agreed: Where within 18 months of the Client entering into a Contract governed by these Conditions the Client engages the services of any Contractor introduced to the Client by the Company, the CLIENT AGREES that in consideration of the Company introducing the Contractor it will immediately pay to the Company an engagement fee equal to 17.5% of any charges made by the Contractor for such services.

8. Charging Methods.

Unless otherwise agreed

8a) Basis of Quotations: The Client's description of the items to be carried, the number of items to be carried, the pickup and delivery location, the difficulties that may be encountered in gaining access at pickup and delivery, and the Client's availability at the pickup and delivery locations at the times that the Company plans to pick up and deliver the goods are critical to the quoted price.

8b) The failure to provide accurate information about the items to be carried may have consequences that include:

i) That there is no room on the collecting vehicle for all of the Clients goods,

ii) That even if there is room, that room may not be available for the Client (unless the Client has expressly booked the vehicle on an 'exclusive use' basis), as that space may have been pre-booked by other Clients, and

iii) That there may be no time to complete the Client's pick up or delivery within the time allocated.

8c) A reasonable additional fee shall be payable if the Client's goods do not match the Client's description of the items to be carried, if the access issues have been mis-described or if the Client is not available when the Company plans to pickup or deliver the goods.

The Client should be aware that in the case of there being additional or mis-described items and the occurrence of any of the events listed in 8 b) those factors may well justify as reasonable the charging of a relatively high fee to properly reflect the difficulties involved in dealing with a late change to the description or number of goods to be transported.

8d) The Client warrants that all information that is reasonably necessary to assess the work involved and to prepare a quotation for carrying out that work has been accurately provided.

8e) If the information supplied by the client regarding the nature or quantity of goods to be carried is incorrect, inaccurate or varied after a quotation has been given, the Client acknowledges that the Company has satisfied its obligation once those goods that fit the Client’s description as to nature and quantity have been carried. The Company may at its discretion agree to carry any additional goods of the client if the Client agrees to pay a reasonable additional charge calculated in accordance with clause 8(c), however the Client acknowledges that it understands that for operational or other reasons the Company may not be able to carry all or any other goods of the Client.

8f) Delays: Where the loading or unloading process is delayed by over 15 minutes due to any factors outside the Company’s control, an additional charge at the time rate shall apply.

8g) Unless otherwise agreed, where a job is canceled or postponed by the Client:

i) If this event occurs one business day or less before the day when a pickup within any Capital City's Metropolitan area is first due (or three business days or less before the day when pickup is first due in any other area), the Client agrees to pay half of the quoted job charge plus any time spent at pickup charged at the time rate, with a minimum charge of 2 hours.

ii) In all other cases an administration fee of $95.00

iii) For this subsection, a 'cancellation' includes an inability to make contact with the client by phone on the day when pickup is planned.

8h) Rural pickups. Where the pickup or delivery location is more than 5 Km from the center of the placename set out in a quotation, an out of area recovery of $2.00 per Km traveled from the 5km point (there and back) applies.

8i) “Hidden” Charges: The Client agrees to pay or reimburse to the Company any costs, fees and taxes incurred in complying with Customs, Quarantine, Import or Export requirements. These are not included in any quoted prices unless specifically stated in writing. Quarantine related cleaning of goods destined for WA (eg Lawnmowers) will be charged at the Time Rate. Road Tolls are included in fixed price quotations but not in hourly rated work.

8j) Transport Companies: 15% Surcharge. If the Client is a transport broker, middleman, transport agent or similar payment a 15 % surcharge to all quoted prices will apply unless otherwise agreed.

9. Payment Methods and Obligations.

9a) When due: Unless the Client has arranged and the Company has agreed for the charges to be invoiced to a pre-authorised credit account, charges are payable prior to completion of unloading for hourly rate jobs and, like airline tickets, on or before pickup for all other jobs. Storage charges are payable monthly in advance with a minimum charge of one month.

9b) How payable: Payment is required in the form of cash, bank cheque, Visa, Mastercard or non-reversible EFT showing the job number as reference. Where a credit card has been provided, the client expressly authorises any ongoing or other job related charges including charges for storage, redelivery, transport of unquoted items, cancellations and unforeseen delays in loading or unloading to be charged to that card when they fall due. American Express and any other Credit or After pay systems are NOT accepted.

The Company retains the right to refuse to accept a Credit Card for payment of any unpaid amounts that remain payable after the pickup of any goods, or for any other reason at any time whatsoever.

If the Client is a removalist, transport provider, transport broker, middleman, transport agent or similar payment will only be accepted by EFT before pickup – not cards.

9c) The Company hereby grants a right to its rights and the rights of any persons on behalf of whom it is acting, to collect all charges and payments from Clients to the Contractor. The Contractor agrees to issue invoices and to collect all such charges and payments directly from Clients.

9d) In the case of a credit account, whether pre-authorised or otherwise established:

i) The Company shall invoice its charges on 14 day terms (unless otherwise stated) together with any out of pocket expenses, accounting fees and industry surcharges.

ii) The Client agrees that where the Company does not receive payment of any amount charged to the credit account by the due date, the Client will accept joint and several liability for any outstanding amount together with any third party to whom the invoices have been sent and will pay those charges within 7 days.

10. Lien on Goods until Payment is Received.

10a) All goods of the Client, or carried on behalf of the Client, that are received by the Company shall be subject to a general lien for any monies owed by the Client or the owner of the goods to the Company or the Contractor as a result of this agreement or any previous agreement between the Company and the Client or the owner of the Goods.

10b) In order to exercise its rights under the aforementioned lien, the Company shall have the right at the Client's expense, to seize or retain or to defer or refuse delivery of any goods that are the subject of this lien should circumstances arise that make it reasonable to conclude that the Client is unwilling or unable to pay any due charges in the required form or at the required place or time until payment of any due charges including the costs of exercising this lien (such as storage and redelivery of the goods) has been received.

10c) Where the charges of the Company remain unpaid for a minimum period of 28 days, the Company may give 28 days written notice by certified or registered mail to the last known address of the Client of intention to sell. If the amount owing is not paid within that further period the Company may open any packages, DISPOSE OF THE GOODS or SELL ALL OR ANY OF THE GOODS by auction or by private treaty at its absolute discretion.

Out of any monies arising the Company may retain its charges and all charges and expenses of the detention and sale. It shall credit the surplus, if any, to the person entitled to it. Any such sale shall not prejudice or affect any other rights that the Company may have to recover any outstanding charges due or payable in respect of such service or the said detention or sale.

11. Terms relating to the movement of Goods.

Unless otherwise agreed:

11a) The Client agrees to fully address all items prior to pickup and to prepare whatever paperwork, lists, itemised inventories or consignment notes that the Client requires to accompany the goods and to substantiate pickup.

11b) Movement of incorrect goods. The Client shall provide an authorised representative who will be responsible for ensuring that the correct goods are loaded unless the Goods are being loaded from storage. Whether or not such a representative is provided, and WHETHER OR NOT the Client provided the Company with a LIST of ITEMS to be moved the Client shall pay all reasonable additional charges whatsoever resulting from the movement of incorrect goods or non-movement of goods that the Client intended to have moved. (In the company's experience lists are often ambiguous or at variance with what is required to be moved and so should not and cannot be solely relied upon in ensuring the correct items are moved).

11c) The method, route and time by which the carriage of Goods or provision of services under this contract are performed shall be at the absolute discretion of the Company.

11d) The Client authorises the Company to disassemble any items that in the opinion of the company require dis-assembly for their safe movement and agrees to pay for any dis-assembly time after 10 minutes at the Time Rate, and to pay for all requested re-assembly at the Time Rate.

11e) In the case of all long distance, interstate or overseas jobs the the Client will be advised of a planned delivery by telephone or text message or as otherwise agreed on the day before delivery is scheduled and will be called when the preceding delivery has been completed.

If telephone contact cannot be established on or before that time to confirm client attendance at the delivery location when delivery is planned the delivery will not be attempted and goods will be taken to storage and stored until the quoted storage and redelivery charges are or if such charges have not been quoted, any reasonable additional charges incurred thereby are paid to the Company.

11f) If there is no-one in attendance at the place for delivery of the Goods the Company shall if contact is established with the Client at the Client's request leave the Goods at that place and in all other cases return at a later time to complete delivery, storing the Goods at any convenient place in the meantime, and the Client agrees to pay the quoted storage and redelivery charges or if such charges have not been quoted, any reasonable additional charges incurred thereby to the Company.

12. Competition and Consumer Act 2010.

12a) Nothing in this agreement shall be construed as having the effect of in any way excluding, restricting or modifying any warranty express or implied by virtue of the provisions of the Competition and Consumer Act 2010 as amended.

12b) Where this contract is for the provision of services for the purposes of a business, trade, profession or occupation in which the Client is engaged, any liability for negligence shall be limited to $100 per package, carton or item and total of $1000 per consignment.

14. Responsibility for Losses and Damages.

Unless otherwise agreed:

14a) All basic quoted prices include the performance of any specified work and the provision of any carriage or other services or products in accordance with the Warranties implied by the Competition and Consumer Act 2010.

Nevertheless, the Client is warned that there are always risks involved in the movement of any Goods or the provision of services under this contract, many of which are outside the Company’s or the Client’s control. The nature of many goods makes them inherently susceptible to damage and the greater the distance involved the longer the exposure to risk and the greater the chance of damage, loss or other unforeseen mishap.

In this regard Clients are warned that self assembly type furniture and large trolley BBQs were not designed to be transported in their assembled state and inherently fragile items such as lampshades, canvas paintings, marble and glass should be packaged in cartons or crates.

In entering into this contract, the Client understands and accepts that there are such risks, accepts that a financial detriment or other loss may result from the performance or non-performance of such work and agrees that the Company shall NOT be responsible or liable for such losses.

14b) Subject to 14(a) the Company shall not be liable to the Client for any accidental loss or damage suffered by the Client directly or indirectly caused by:

i) any damage loss or destruction to Goods whilst in the possession of the Company whether in transit (which includes, amongst other things, any packing, handling, installation, removal, assembly or erection), or in storage, or after they have been delivered or mis-delivered,

ii) a mis-delivery, delay in pickup or delivery, or non-delivery of Goods or

iii) the carriage of Goods by a route other than the shortest or usual route,

iv) any failure to collect Cash on Delivery (COD) on behalf of the Client; and 14(c)(iv) shall apply whether or not any such occurrence was due to any willful, fraudulent negligent or other act or omission of the Company.

unless the effect of this sub-clause has been varied by the Client choosing a Transit Protection option. (See Clause 16) or where it is otherwise agreed in writing.

14c) For the purpose of clause 14, “loss or damage” shall include all or any direct or consequential loss or damage to the Client whatsoever and howsoever arising and without limiting the generality of the foregoing includes loss of profits or contracts, wasted management time, loss of income, loss of goodwill, liabilities of the Client to third parties (whether actual or contingent) the cost of repair or replacement of Goods and the cost of collecting and redelivering Goods.

14d) The reference in clause 14 to damage or to loss and destruction of goods shall include damage loss or destruction caused by:

i) fire, overturning, collision road or rail accident involving the conveying vehicle,

ii) theft or flood, or;

iii) mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever.

14e) The Client shall INDEMNIFY the Company against any action, claim, suit, fine or demand brought by any third party, the Client or the Contractor against the Company as a result of or in connection with any breach by the Client of any term of this contract or the occurrence of any of the events listed in this clause or clauses 10, 12 or 14 and this indemnity shall extend to the reasonable solicitor client costs of the Company in defending any action and in enforcing this indemnity.

15. Valuation of goods.

Unless otherwise agreed:

15a) Where it is necessary to value any goods, the following principles shall be applied and used for determining the current market value of those goods unless there is clear evidence to the contrary:

i) Items less than 10 years old shall be depreciated from their purchase price (or if this cannot be ascertained, a reasonable estimate of the purchase price) to account for the reduction in their value for age, condition, wear & tear, on the basis of the diminishing value method from the date of purchase or acquisition at the rate of 20% per annum. eg: Item is purchased 4 years ago for $1000. Depreciated value at 20% is $1000 x0.8x0.8x0.8x0.8 = $409.

ii) Items over 10 years old shall be valued at 10% of the current market value of a new item of similar type and function at the time of commencement of this contract.

15b) Valuations obtained in accordance with Clauses 15 a) shall be subject to the following maximum values:

i) The value of the contents of individual cartons, bags, packages or containers of any type with a value of over $250 are deemed to be limited to a maximum of $250 unless the client notifies the company in writing of a higher value prior to pickup.

ii) The value of all other items, shall be deemed to be limited to a maximum of $1500 per item unless the client notifies the company in writing of an alternate value prior to pickup.

15c) Nothing in this clause shall operate in any way to extend the liability of the Company or to vary clauses 12, 14 or 16.

15d) Dispute Resolution: Where for the purposes of this agreement a Party disagrees with any valuation of goods that has been carried out in accordance with clause 15 a), that party may within 28 days supply any clear evidence of an alternate valuation and the matter shall then be re-assessed by a Director or Manager of the Company within a further 28 day period.

16. Claims and Transit Protection Options.

16a) Where the Client agrees to make an additional payment in accordance with one or more of the Transit Protection (hereafter “TP”) options offered by the Company, the Company agrees to accept an increased level of responsibility for damage, loss or destruction of the goods (provided that those goods can be reasonably identified as being goods that were contracted to be carried from the list that formed the basis of the quotation), in the event of some or all of the occurrences listed in clause 14 (d).

16b) The effect on this Contract of the Client selecting a Transit Protection option will depend upon the option selected, as follows:

i) For fire, overturning or collision Transit Protection, sub-clause 14 (d)(i) shall not apply to this agreement.

ii) For fire, overturning, collision and theft Transit Protection, sub-clauses 14 (d)(i) and (ii) shall not apply to this agreement.

iii) For All-risk Transit Protection, sub-clauses 14 (d)(i),(ii) and (iii) shall not apply to this agreement.

iv) For Top Cover Transit Protection, sub-clauses 14 (d)(i),(ii) and (iii) and 16(e)(v) shall not apply to this agreement and the amount of $150 in 16(e)(ii) shall be varied to $20. provided those goods can be reasonably identified from the list that formed the basis of the quotation,as being those that were contracted to be carried.

16c) Time Limit. In the event of a claim or potential claim:

If a delivery of goods is not made due to loss or total destruction of the goods, the Client agrees to notify the Company in writing of any claims or potential claims within 28 days of the Client becoming aware of the event that caused the damage, loss or destruction of the Goods. In all other cases the Client agrees to notify the Company in writing of any claims or potential claims within 7 days of the receipt of the goods. Any claim forms sent by the Company to the Client shall be completed and returned to the Company with 7 weeks from the date when they were sent.

16d) In the event of a claim for loss or damage or destruction, any indemnity or damages that the Company or the Contractor shall pay to the Client shall be calculated as follows:

i) In the event of total loss or destruction: The current market value of the item (calculated in accordance with clause 15)

ii) In the event of partial loss or damage: An allowance for the reduction in value of the item, or the reasonable costs of repair or restoration, or the current market value of the item (calculated in accordance with clause 15); whichever is the lower amount. In the alternative, the Company may at its discretion choose to arrange for the repair of any damaged items at a repairer of its choice.

iii) Where applicable, this indemnity or other payment shall be subject to the limitations in clause 16(e)

iv) The Company shall not pay on the basis of replacement value of “new for old”.

16e) Unless otherwise agreed in writing, the following LIMITATIONS are applicable to Transit Protection Options:

i) Any liability resulting from the acceptance of an increased level of responsibility relating to antiques, jewellery, collections, documents, works of art and the contents of individual cartons, bags, packages or containers of any type with a value of over $250 is limited to $250; or $500 if nominated in writing prior to pickup and any liability for other items is limited to $1500 per item or $4000 if nominated in writing prior to pickup.

ii) The first $150 of any claim shall be payable by the Client and the maximum amount claimable where not otherwise specified by the terms of this agreement shall be $40,000 per conveyance or occurrence.

iii) Any increased responsibility accepted for pairs or sets of items is limited to the repair or replacement of the lost or damaged part without reference to any special value that such item may have as part of such pair or set.

iv) The increased level of responsibility does not extend to plants, animals or accidental damage to the contents of self-packed cartons, bags, packages or containers of any type.

v) The increased level of responsibility does not extend to electrical or internal derangement or failure of electrical or electronic goods, instruments or machinery unless there are signs of causative external damage.

vi) The increased level of responsibility does not extend to loss or damage due to the nature, characteristics or inherent vice of any item making it susceptible to damage as a result of normal transit handling, road trauma or atmospheric conditions.

In this regard responsibility for damage to self assembly type furniture and large trolley BBQs will only be accepted if the items have been disassembled and securely repackaged prior to transport, and responsibility will not be accepted for damage to unpackaged or inappropriately packaged inherently fragile items such as lampshades, canvas paintings, marble and glass.

vii) Averaging: Where the amount paid to the Company for accepting an increased level of responsibility is based on a valuation of the consignment that is less than the current market value of the consignment, then any compensation for damage, loss or destruction will be made only in the same reduced proportion. For example: Your goods have a current market value of $10,000. You take the transit protection option based on a $4,000 current market value (ie: 40% of the real current market value of your goods). Now assume that there is water damage due to flooding en-route to a bed with a current market value of $1000. You will receive only $400; ie: 40% of $1,000. To get the full $1000, you would need to have paid the higher transit protection rate applicable to a $10,000 consignment value. A $100 excess also applies, making the final payout $300.

viii) The Company does not accept an increased level of responsibility whilst goods are in storage, other than storage required as part of the normal transit process.

16f) Except as provided in this clause, nothing in this clause shall operate in any way to extend the liability of the Company or to vary clauses 12 or 14.

16g) Fraud, attempted fraud or the provision of false, misleading or deceptive quotations, valuations or item lists shall void the acceptance of an increased level of responsibility and all attendant legal or other consequences.

17. Non Privacy and recording of Communications.

It is agreed between the parties that all communications including telephone calls, sms messages, chat messages, verbal communications, emails and letters that take place or are exchanged between the parties, and any servants, agents, contractors and associates of the parties, that are made during the course of the provision of any services that are carried out in accordance with this agreement or at anytime before or after the completion of such services, regarding any aspect of the service or any other matters arising from the carrying out of this agreement or any other agreement for the carriage of goods between the parties, are non private and may be recorded or otherwise stored at any time for any future use, including publication to any third parties, at any time in order to establish or verify the content of the communication.

PART 2: The following terms are designed to form part of agreements which constitute a 'Consumer Contract' for the purposes of the The Australian Consumer Law.

Introduction

The following terms are designed to form part of agreements which constitute a Consumer Contract to the purposes of the Competition and Consumer ACT 2010 - Schedule 2, The Australian Consumer Law (Cth)

As the terms of any agreement between a Client and the Company are fully negotiable (rather than “standard form”) it is the Company's view that any agreements between a Client and the Company would in normal circumstances not form a Consumer Contract.

Terms and Conditions of Service

1. Definitions and Guarantees.

In this agreement

1a) “Client” shall mean the person who requests the Company to arrange for the carriage of Goods or for the provision of other services on its behalf. Where the Client is not present during loading or unloading, the term Client shall extend to the Client’s representative.

1b) “Company” shall mean the person whose name is printed on the face of the accompanying quotation or other document or in the absence thereof who is otherwise identified as the person with whom the Client enters into a contract that incorporates these Terms and Conditions of Service.

1c) “Contractor” shall mean any person who has appointed the Company as agent to procure orders for the carriage of goods or to find any other work on behalf of that person.

1d) “Goods” shall mean any goods which the Client has requested to be carried or arranged to have carried.

1e) “Services” shall mean any transport, storage, pre-packing and any other services whatsoever that the Client has requested the Company to provide.

1f) “Time rate” shall be $45 per 15 minutes or part thereof as at 1 July 2021 and adjusted annually with the CPI movement from its level as at June 2021.

2. Interpretation.

2b) All the rights, immunities and limitations of liability in these terms and conditions of contract shall continue to have their full force and effect in all circumstances, notwithstanding any breach (including fundamental breach) of contract.

2d) Words in italics are for guidance only and do not and shall not be deemed to form part of this agreement.

3. Applicability of these Terms and Conditions of Service.

3a) These Terms and Conditions of Service shall apply to any Contract for the carriage of Goods (or the provision of other services) that was entered into after being given a reasonable opportunity to view them on the Company’s web site, booking on the Company’s website or as a result of the acceptance of any quotation accompanied by these Conditions whether in hard copy format, pdf format or otherwise, subject always to any amendments or alterations agreed to in writing by the parties at any time after the preparation of the quotation. These Conditions shall also apply to any further such contracts if they are entered into without reference to any other conditions.

3b) The Client acknowledges that the Company acts as agent for any Contractor referred to in these terms and conditions in procuring the Client’s business and that the Company has disclosed that fact to the Client prior to the Client entering into any contract.

3c) By entering into this contract the Client also accepts these Conditions on behalf of all other persons on whose behalf they are acting.

3d) Any term of these conditions which limits the liability of the Company or the Client, also extends to and enures for the benefit of their employees, agents, contractors and sub-contractors and in turn to their employees, contractors, sub contractors or agents. For the purposes of this sub-clause, the Company or the Client (as the case may be) shall be deemed to be the agent or trustee of such persons and such persons shall, to the extent necessary to give effect to this sub-clause,be deemed to be parties to this agreement. However this provision shall not be construed as imposing or implying any additional liability on those persons to any person for any reason.

4. Variation of Conditions.

Unless otherwise specified in this agreement, these terms and conditions can only be varied by mutual consent. The consent of the Company for such a variation can only be given in writing by a director, secretary or manager of the Company.

6. Terms relating to the Nature and Ownership of Goods.

Unless otherwise agreed:

i) that the Client notifies the Company whenever any Dangerous Goods Act or similar legislation (“DGA”) applies to any Goods, and guarantees that all requirements of such laws have been met, and

7. Ongoing 17.5% Engagement Fee.

8. Charging Methods.

Unless otherwise agreed:

8b) The failure to provide accurate information about the items to be carried may have consequences that include:

i) That there is no room on the collecting vehicle for all of the Clients goods,

iii) That there may be no time to complete the Client's pick up or delivery within the time allocated.

The Client should be aware that in the case of there being additional or mis-described items and the occurrence of any of the events listed in 8 b) those factors may well justify as reasonable the charging of a relatively high fee to properly reflect the difficulties involved dealing with a late change to the description or number of goods to be transported.

8d) Delays: Where the loading or unloading process is delayed by over 15 minutes due to any factors outside the Company’s control, an additional charge at the time rate shall apply.

8e) Unless otherwise agreed, where a job is canceled or postponed by the Client:

ii) In all other cases an administration fee of $95.00

iii) For this subsection, a 'cancellation' includes an inability to make contact with the Client by phone on the day when pickup is planned.

8f) Rural pickups. Where the pickup or delivery location is more than 5 Km from the center of the placename set out in a quotation an out of area recovery of $2.00 per Km traveled from the 5km point (there and back) applies.

8g) The Client agrees to pay or reimburse to the Company any costs, fees and taxes incurred in complying with Customs, Quarantine, Import or Export requirements. These are not included in any quoted prices unless specifically stated in writing. Quarantine related cleaning of goods destined for WA (eg Lawnmowers) will be charged at the Time Rate. Road Tolls are included in fixed price quotations but not in hourly rated work.

9. Payment Methods and Obligations.

Unless otherwise agreed:

9a) When due: Unless the Client has arranged and the Company has agreed for the charges to be invoiced to a pre-authorised credit account, charges are payable prior to completion of unloading for hourly rate jobs and, like airline tickets, on or before pickup for all other jobs. Storage charges are payable monthly in advance with a minimum charge of one month.

The Company retains the right to refuse to accept a Credit Card for payment of any unpaid amounts that remain payable after the pickup of any goods, or for any other reason at any time whatsoever.

If the Client is a removalist, transport provider, transport broker, middleman, transport agent or similar payment will only be accepted by EFT before pickup – not cards.

9d) In the case of a credit account, whether pre-authorised or otherwise established:

i) The Company shall invoice its charges on 14 day terms together with any out of pocket expenses, accounting fees and industry surcharges.

ii) The Client agrees that where the Company does not receive payment of any amount charged to the credit account by the due date, the Client will accept joint and several liability for any outstanding amount together with any third party to whom the invoices have been sent due to prior arrangement and will pay those charges within 7 days.

10. Lien on Goods until Payment is Received.

Unless otherwise agreed:

Any Goods received by the Company shall be subject to a general lien for any moneys due by the Client to the Company for any services provided under this or any other agreement.

In order to exercise its rights under the aforementioned lien, the Company shall have the right at the Client's expense, to defer delivery and store and re-deliver any goods that are the subject of this lien should circumstances arise that make it reasonable to conclude that the Client is unwilling or unable to pay any due charges in the required form or at the required place or time until payment of any due charges including the costs of exercising this lien (such as storage and redelivery of the goods) has been received.

If any such amounts have been outstanding for a period of 6 calendar months or more, the Company may give 28 days' written notice to the Client of intention to sell, and if the amount owing is not paid by the end of that period, the Company may SELL ALL OR ANY OF THE GOODS by public auction or, if that is not reasonably practicable, by private treaty and apply the net proceeds towards reducing the amount due. Furthermore this clause shall have no effect on any other rights which the Company may have under this contract or otherwise at law.

11. Terms relating to the movement of Goods.

Unless otherwise agreed:

11b) Movement of incorrect goods. The Client shall provide an authorised representative who will be responsible for ensuring that the correct goods are loaded unless the Goods are being loaded from storage. Whether or not such a representative is provided, and WHETHER OR NOT the Client provided the Company with a LIST of ITEMS to be moved, the Client shall pay all reasonable additional charges whatsoever resulting from the movement of incorrect goods or non-movement of goods that the Client intended to have moved if the Client is responsible for the incorrect movement or non-movement. (In the company's experience lists are often ambiguous or at variance with what is required to be moved and so should not and cannot be solely relied upon in ensuring the correct items are moved).

11c) The Client authorises the Company to disassemble any items that in the opinion of the company require dis-assembly for their safe movement and agrees to pay for any dis-assembly time after 10 minutes at the Time Rate, and to pay for all requested re-assembly at the Time Rate.

11d) In the case of all long distance, interstate or overseas jobs the the Client will be advised of a planned delivery by telephone or text message or as otherwise agreed on the day before delivery is scheduled and will be called when the preceding delivery has been completed.

11e) If there is no-one in attendance at the place for delivery of the Goods the Company shall if contact is established with the Client at the Client's request leave the Goods at that place and in all other cases return at a later time to complete delivery, storing the Goods at any convenient place in the meantime, and the Client agrees to pay the quoted storage and redelivery charges or if such charges have not been quoted, any reasonable additional charges incurred thereby to the Company.

11f) The method and route by which the carriage of Goods or provision of services under this contract are performed shall be at the absolute discretion of the Company.

12. Competition and Consumer Act 2010.

Nothing in this agreement shall be construed as having the effect of in any way excluding, restricting or modifying any warranty express or implied by virtue of the provisions of the Competition and Consumer Act 2010 as amended.

14. Responsibility for Losses and Damages.

Unless otherwise agreed:

14b) Subject to 14(a) the Company shall not be liable to the Client for any accidental loss or damage suffered by the Client directly or indirectly caused by:

ii) a mis-delivery, delay in pickup or delivery, or non-delivery of Goods or

iii) the carriage of Goods by a route other than the shortest or usual route, where such loss or damage occurs in circumstances that are beyond the Company's control, unless the effect of this sub-clause has been varied by the Client choosing a Transit Protection option. (See Clause 16) or where it is otherwise agreed in writing.

14d) The reference in clause 14 to damage or to loss and destruction of goods shall include damage loss or destruction caused by:

i) fire, overturning, collision road or rail accident involving the conveying vehicle,

ii) theft or flood, or;

iii) mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever.

15. Valuation of goods.

Unless otherwise agreed:

ii) Items over 10 years old shall be valued at 10% of the current market value of a new item of similar type and function at the time of commencement of this contract.

15b) Valuations obtained in accordance with Clauses 15 a) shall be subject to the following maximum values:

ii) The value of all other items, shall be deemed to be limited to a maximum of $1500 per item unless the client notifies the company in writing of an alternate value prior to pickup.

15c) Nothing in this clause shall operate in any way to extend the liability of the Company or to vary clauses 12, 14 or 16.

15d) Dispute Resolution: Where for the purposes of this agreement a Party disagrees with any valuation of goods that has been carried out in accordance with clause 15 a), that party may within 28 days supply any clear evidence of an alternate valuation and the matter shall then be re-assessed by a Director or Manager of the Company within a further 28 day period.

16. Claims and Transit Protection Options.

Unless otherwise agreed:

16b) The effect on this Contract of the Client selecting a Transit Protection option will depend upon the option selected, as follows:

i) For fire, overturning or collision Transit Protection, sub-clause 14 (d)(i) shall not apply to this agreement.

ii) For fire, overturning, collision and theft Transit Protection, sub-clauses 14 (d)(i) and (ii) shall not apply to this agreement.

iii) For All-risk Transit Protection, sub-clauses 14 (d)(i),(ii) and (iii) shall not apply to this agreement.

iv) For Top Cover Transit Protection, sub-clauses 14 (d)(i),(ii) and (iii) and 16(e)(v) shall not apply to this agreement and the amount of $200 in 16(e)(ii) shall be varied to $20.

16c) Time Limit. In the event of a claim or potential claim:

16d) In the event of a claim for loss or damage or destruction, any indemnity or damages that the Company or the Contractor shall pay to the Client shall be calculated as follows:

i) In the event of total loss or destruction: The current market value of the item (calculated in accordance with clause 15)

ii) In the event of partial loss or damage: An allowance for the reduction in value of the item, or the reasonable costs of repair or restoration, or the current market value of the item (calculated in accordance with clause 15); whichever is the lower amount. In the alternative, the Company may at its discretion choose to arrange for the repair of any damaged items at a repairer of its choice.

iii) Where applicable, this indemnity or other payment shall be subject to the limitations in clause 16(e)

iv) The Company shall not pay on the basis of replacement value of “new for old”.

16e) Unless otherwise agreed in writing, the following LIMITATIONS are applicable to Transit Protection Options:

ii) The first $200 of any claim shall be payable by the Client and the maximum amount claimable where not otherwise specified by the terms of this agreement shall be $40,000 per conveyance or occurrence.

iii) Any increased responsibility accepted for pairs or sets of items is limited to the repair or replacement of the lost or damaged part without reference to any special value that such item may have as part of such pair or set.

iv) The increased level of responsibility does not extend to plants, animals or accidental damage to the contents of self-packed cartons, bags, packages or containers of any type.

vi) The increased level of responsibility does not extend to loss or damage due to the nature, characteristics or inherent vice of any item making it susceptible to damage as a result of normal transit handling, road trauma or atmospheric conditions.

vii) Averaging: Where the amount paid to the Company for accepting an increased level of responsibility is based on a valuation of the consignment that is less than the current market value of the consignment, then any compensation for damage, loss or destruction will be made only in the same reduced proportion. For example: Your goods have a current market value of $10,000. You take the transit protection option based on a $4,000 current market value (ie: 40% of the real current market value of your goods). Now assume that there is water damage due to flooding en-route to a bed with a current market value of $1000. You will receive only $400; ie: 40% of $1,000. To get the full $1000, you would need to have paid the higher transit protection rate applicable to a $10,000 consignment value. A $100 excess also applies, making the final payout $300.

viii) Unless otherwise agreed in writing the Company does not accept an increased level of responsibility whilst goods are in storage, other than storage required as part of the normal transit process.

16f) Except as provided in this clause, nothing in this clause shall operate in any way to extend the liability of the Company or to vary clauses 12 or 14.

17. Non Privacy and recording of Communications.

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Copyright. These terms and conditions, in part and as a whole, are protected by copyright and may not be copied or used without authorisation of the company. However any individual or entity may use or copy all or part of these conditions at any time in their quotations or for other purposes subject to payment of a fee of AUD $1.00 per quotation.