Terms of Service

Last updated: April 26, 2024
 

Please read all the following conditions carefully. You will be bound by these conditions if we provide services at your request or on your behalf. Please note that:

  • Our services are priced based on the exclusions and limitations set out in these conditions;
  • To the extent permitted by law, we will not be liable for any loss of or damage to goods during transit, unless you prove that the loss or damage was caused by our negligence or wilful misconduct;
  • The conditions provide for various exclusions of liability and limits on our liability for loss of or damage to goods.
  • These exclusions and limits are set out in clause 6;
  • The general effect of these provisions is that, even if you prove we have been negligent, you may not be able to recover the full value of any lost or damaged goods;
  • Because of these considerations, we recommend that any goods are covered by an appropriate insurance policy taken out by you, or by the owner of the goods; and
  • If we store goods for you, you must take out a policy of insurance over those goods (see clause 13).

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: Queensland, Australia

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Maney Transport, 90 – 96 Meakin Road, Meadowbrook, QLD 4131.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

  • Website refers to Maney Transport, accessible from https://maneytransport.com.au

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Conditions of Carriage

1. Definitions and Interpretations

1.1 In these conditions:

Authority includes any legal or administrative authority exercising any jurisdiction within an Australian state or territory.

Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state and the Road Traffic (Administration)Act2008(WA), the RoadTraffic(Vehicles)Act2012(WA) and any other Commonwealth, state or territory Law dealing with the obligations of parties involved in the transport of goods by road.

Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; liquidated damages; punitive or exemplary damages; in each case arising from or in connection with the performance of Services and whether or not foreseeable at the time of entering into any agreement incorporating these conditions.

Container includes any container, trailer, wagon, transportable tank, pallet, flat rack or any other unit or device used to consolidate Goods.

Crane includes any machine used for lifting Goods, including a forklift.

Damage means physical damage and includes deterioration, evaporation and contamination.

Dangerous Goods means Goods that are or may become noxious, dangerous, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to harm any property whatsoever.

Enforcement Costs means any fees, costs and expenses, including legal expenses on an indemnity basis, incurred by the Service Provider in connection with any default under or enforcement or attempted enforcement of these conditions.

Force Majeure Event means acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, explosions, nuclear accidents, strikes, epidemics, pandemics, cyber warfare, cyber attacks, ransomware attacks, cyber sabotage, labour disputes and other industrial disturbances, any border or road closure or congestion of roads, any quarantine or customs restriction, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, machinery or equipment.

Goods means the property accepted by the Service Provider from, or at the request of, the Consignor for the provision of Services and includes any Container or packaging supplied by or on behalf of the Consignor.

Interest means an amount calculated on any Outstanding Amount at the rate of 10% per annum, compounded annually. Law includes all applicable statutes, regulations, proclamations, orders, bylaws, requirements and approvals.

Outstanding Amount means any amount which remains unpaid upon the expiry of the credit terms extended by the Service Provider or for which the Consignor is otherwise liable, pursuant to these conditions, to the Service Provider.

PPSA means the PersonalPropertySecuritiesAct2009 (Cth).

Service Provider means Maney Transport Pty. Ltd. (ACN 095 649 960) as trustee for the Maney Family Trust (ABN 39 681 675 194) trading under its own name or under any other business name.

Services means any operations or services undertaken by or on behalf of the Service Provider (whether gratuitously or not), in any way connected with Goods including loading, unloading, packing, unpacking, handling, weighing, transporting and Storage of Goods, towing a trailer, completing documents and the provision of any advice.

Storage means receiving Goods into a storage location operated by or on behalf of the Service Provider including any confirmation of quantities and batch numbers, storing Goods and handling inbound and outbound Goods at the storage location.

Subcontractor includes any person who pursuant to a contract or arrangement with any other person (whether or not the Service Provider) performs or agrees to perform the Services or any part of them.

1.2 In these conditions:

  1. a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
  2. headings are included for convenience only and do not affect the interpretation of these conditions;
  3. words importing the singular include the plural and vice versa and words importing a gender include other genders;
  4. where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
  5. wherever ‘include’ or any form of that word is used, it will be construed as if it were followed by ‘(without being limited to)’;
  6. terms used have the same meaning as under the PPSA; and
  7. all indemnities survive the termination or expiration of any agreement incorporating these conditions.

2. Negation of Liability as a Common Carrier

The Service Provider is not a common carrier and will accept no liability as such. All Goods are carried and all Services are performed by the Service Provider subject only to these conditions and the Service Provider reserves the right to refuse, in its discretion, to provide Services in respect of any goods.

3. Service Provider’s Obligations

3.1 The Service Provider will:

(a) take reasonable care to protect and safeguard the Goods and to follow any special handling requirements notified to the Service Provider by the Consignor;

(b) provide the Services exercising the degree of skill, care and efficiency that would be expected from a competent provider of Services;

(c) at its own expense, hold all licences as may be required by Law in connection with the Services;

(d) to the extent the Services comprise Storage, account for all Goods received and use modes of Storage appropriate to the nature of those Goods;

(e) use reasonable endeavours to deliver the Goods to the address nominated by the Consignor and to effect delivery at the date and time requested by the Consignor (subject to compliance with all Law, including Chain of Responsibility Law); and

(f) use reasonable endeavours to comply with the Consignor’s reasonable and lawful directions.

3.2 To the extent permitted by Law, any conditions, guarantees, terms and warranties which would otherwise be imposed, or implied into these conditions are excluded. Without limitation, this exclusion applies to any conditions, guarantees, terms or warranties of merchantability or of satisfactory quality applying to the Services.

4. Obligations and Warranties

4.1 The Consignor must:

  1. where the Goods are Dangerous Goods, provide written notice to the Service Provider and otherwise comply with clause 17;
  2. ensure that the loading of the Goods onto the Service Provider’s vehicle will not cause the vehicle to exceed any dimension or mass limits under Chain of Responsibility Law;
  3. where the Goods require special treatment or handling, provide written notice to the Service Provider of the special treatment required; and
  4. provide all documents, information and assistance necessary to allow the Service Provider to comply with the requirements of any Authority.

4.2 The Consignor warrants that:

  1. the Goods are in a fit state to allow the Services to be performed and are packed in a manner adequate to withstand the ordinary risks associated with the Services;
  2. it is authorised by all persons owning or having any interest in the Goods (including the consignee) to accept these conditions on their behalf;
  3. all details supplied with respect to the Goods, including the details of description, items, pallet space, quantity, weight, volume, quality, value and measurements, are correct;
  4. there is a suitable and safe road and approach for the Service Provider’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered; and
  5. safe and adequate commercial loading/unloading facilities and equipment will be available at any place from which any Goods are to be collected and to which any Goods are to be delivered.

4.3 The Consignor acknowledges that the Service Provider:

  1. will use reasonable endeavours to obtain a signed proof of delivery or other evidence of delivery; and
  2. is entitled to rely upon its own records, including any sign on glass facility, in order to collect evidence of delivery and such records will be conclusive unless the Consignor is able to prove that the records are incorrect; and
  3. may use contactless proof of delivery and may rely on instructions provided to it including ATL (Authority to Leave).

4.4 The Service Provider relies on the details of description, items, pallet space, quantity, weight, quality, value and measurements supplied by the Consignor but does not admit their accuracy.

4.5 The Consignor acknowledges and agrees that these conditions set out the sole basis upon which the Service Provider will provide Services to the Consignor. The supply or provision by the Consignor of any document setting out other, or alternative, terms will be of no legal effect and will not constitute a variation of these conditions or amount to a new contract or be part of these conditions.

5. Subcontracting

5.1 The Service Provider, at its discretion, may subcontract on any terms the whole or any part of the Services.

5.2 The Consignor agrees that no claim or allegation may be made against any employee, agent, or Subcontractor that imposes or attempts to impose upon such person any liability whatsoever arising out of or in any way connected with the Goods or the Services, whether or not arising out of negligence or a wilful act or omission on the part of any of them and if such claim or allegation should nevertheless be made, to indemnify the Service Provider against all consequences of any such claim or allegation.

5.3 Every exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, limitation, defence and immunity applicable to the Service Provider or to which the Service Provider is entitled under these conditions will also be available to and will extend to protect:

  1. all Subcontractors;
  2. every employee or agent of the Service Provider or of a Subcontractor; and
  3. all persons who are liable for the acts or omissions of any person falling within clauses 5.3.1 or 5.3.2.

5.4 For the purposes of clause 5.3, the Service Provider is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them will to this extent be, or be deemed to be, parties to any agreement incorporating these conditions.

6. Liability of Service Provider

6.1 The Goods are at the risk of the Consignor. Neither the Service Provider nor any Subcontractor nor any other person who undertakes the Services will, under any circumstances, (except where any legislation otherwise requires), be under any liability whatsoever (whether in contract, tort, bailment or otherwise) for any:

  1. loss of the Goods;
  2. Damage to the Goods; or 
  3. misdelivery or nondelivery of the Goods,

whether in the course of Services or otherwise, unless the Consignor proves that such loss, Damage, misdelivery or nondelivery was caused by the negligence or wilful default of the Service Provider.

6.2 Any liability of the Service Provider under clause 6.1 will be reduced proportionately to represent the extent to which the Consignor’s (or any other person’s) negligent or wrongful act or omission caused the loss, Damage, misdelivery or nondelivery of the Goods.

6.3 Notwithstanding any other provision of these conditions, the Service Provider will not be liable for any:

  1. loss of or Damage to Goods caused by:
    1. a Force Majeure Event;
    2. the Service Provider following the Consignor’s instructions;
    3. the Goods becoming infected or contaminated with any virus, bacteria, fungi, pathogen, disease, mould, vermin or like condition;
    4. vibration, road conditions, weather or weather events of any kind whatsoever;
    5. the Goods being inherently defective or in such a condition that they cannot be loaded, unloaded or transported by road without Damage;
    6. inherent vice or the nature of the Goods;
    7. a decline in value, or loss of value as a result of the Goods becoming past their ‘use by’ or expiry date; or
    8. insufficiency or unsuitability of packing or preparation of the Goods to withstand the ordinary risks associated with the Services;
  2. loss of or Damage to Goods comprising electrical or mechanical derangement, shrinkage or ordinary wear and tear;
  3. any loss or damage suffered in connection with delay in the delivery or collection of Goods; or
  4. any loss of or Damage to Goods where the loss of or Damage to the Goods occurs during Storage.

6.4 Notwithstanding any other provision of these conditions, the Service Provider will not be liable, under any circumstances, for Consequential Loss.

6.5 Notwithstanding any other provision of these conditions, the Service Provider’s liability arising from any loss of Goods, Damage to Goods or misdelivery, delay in delivery or nondelivery of Goods (including any liability arising from breach of a warranty, guarantee or term imposed or implied by Law) is limited, at the option of the Service Provider, to:

  1. supplying the Services that were supplied with respect to the lost, Damaged or mis/nondelivered Goods, again; or
  2. payment of the cost of having the Services that were supplied with respect to the lost, Damaged or mis/nondelivered Goods, supplied again.

6.6 The limitations of liability set out in clause 6.5 do not apply to the extent that any loss of or Damage to Goods is caused by the Service Provider engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.

7. Pallets

Notwithstanding any other provision of these conditions, the Consignor:

  1. acknowledges that the Service Provider has no liability or responsibility in relation to any hire charge or demurrage charge associated with any pallet; and
  2. must ensure that any pallets are transferred to and from any relevant hire accounts and that any necessary documentation is provided to relevant pallet hire businesses.

8. Route and Deviation

8.1 The Consignor authorises any deviation from the usual route for transportation or manner of provision of Services that may, in the discretion of the Service Provider (acting reasonably), be considered desirable or necessary in the circumstances.

8.2 If the Consignor expressly or impliedly instructs the Service Provider to use, or it is expressly or impliedly agreed that the Service Provider will use a particular method of providing or performing the Services, the Service Provider will give priority to that method but if it cannot conveniently be adopted by the Service Provider, the Consignor authorises the Service Provider to provide the Services using another method.

9. Inspection

9.1 The Service Provider may (but is not obliged to) inspect the Goods to determine the nature or condition of the Goods or for any other purpose which the Service Provider considers reasonably necessary.

9.2 If the Consignor makes a claim that Goods have been damaged or destroyed while in the custody of the Service Provider, the Consignor must, on request, permit the Service Provider to inspect those Goods.

10. Delivery

10.1 The Service Provider is authorised to deliver the Goods at the address nominated to the Service Provider for that purpose. The Service Provider will be deemed to have delivered the Goods if, at that address, it obtains from any person a receipt or signed delivery docket for the Goods.

10.2 If the nominated place of delivery is unattended or if delivery cannot otherwise be effected by the Service Provider, the Service Provider may, at its option, deposit the Goods at that place (which will be conclusively presumed to be due delivery under these conditions), store the Goods or redeliver the Goods to the Consignor at the Consignor’s expense.

10.3 If the Goods are stored by the Service Provider pursuant to clause 10.2:

  1. the Consignor will pay or indemnify the Service Provider for all costs and expenses incurred with respect to such storage; and
  2. the Service Provider may, at any time, redeliver the Goods to the Consignor at the Consignor’s expense.

11. Crane Services

11.1 Where the Service Provider provides Crane services, the Consignor warrants that:

  1. the road surfaces, access and egress to the site and the site itself are stable, adequate to support the Crane, clear of obstacles and of a gradient to allow the Crane to be operated safely;
  2. sufficient clearance will be afforded in respect of all overhead wires; and
  3. the specifications and size of the Crane are suitable for the site and for the Consignor’s purpose.

11.2 The Service Provider will supply a standard selection of slings, lugs and chains but accepts no responsibility for loss or
delay if any slings, lugs or chains are found to be unsuitable for the Consignor’s purpose.

11.3 The Consignor warrants that the weight of the Goods to be lifted in any one lift and the radius of the proposed lift, measured from the radial point of the Crane, will not exceed the limits of the Crane.

12. Storage

12.1 Where Goods are stored by the Service Provider at the request of the Consignor, the Consignor will provide:

  1. an address to which notices will be sent; and
  2. an inventory of the Goods to be stored.

12.2 The Service Provider may remove the Goods from a Storage location to another Storage location at its discretion.

12.3 Storage charges do not include removing, packing, unpacking, inspecting, stocktaking, stowing or delivering.

12.4 The Consignor must give 48 hours’ notice to the Service Provider of its intention to remove Goods from a Storage location.

12.5 The Service Provider will not be obliged to allow an inspection of the Goods or to deliver up any Goods in Storage:

  1. to any person other than the Consignor or a person authorised in writing by the Consignor; or
  2. in circumstances where any amount is due by the Consignor to the Service Provider on any account whatsoever

12.6 The Consignor will remove its Goods from any Storage location within seven days of receipt of written notice from the Service Provider.

13. Insurance

The Consignor must:

  1. effect and maintain an insurance policy in its own name that covers loss of or Damage to the Goods while the Service Provider is providing Storage with respect to the Goods, and which includes a waiver of any rights of subrogation against the Service Provider; and
  2. provide a certificate of currency evidencing the policy referred to in clause 13(1), within seven days of receiving a request from the Service Provider.

14. Indemnities

The Consignor will indemnify the Service Provider:

  1. in respect of any liability whatsoever in respect of the Goods to any person (other than the Consignor) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and
  2. against all losses, damages, expenses, claims, fines, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Service Provider as a result of:
    1. a breach of the Consignor’s obligations under any agreement incorporating these conditions; or
    2. any negligence, malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct of the Consignor.

15. Lien

15.1 The Goods are accepted subject to a general lien for all charges due or that may become due to the Service Provider by the Consignor on any account whatsoever, whether in respect of the Goods or in respect of any other goods in respect of which the Service Provider provides or has provided Services.

15.2 Without prejudice to any other rights the Service Provider may have under Law, if charges are not paid when due, or the Goods are not collected when required or designated, the Service Provider may:

  1. remove all or any of the Goods and store them as the Service Provider thinks fit, at the Consignor’s risk and expense; or
  2. without notice and immediately in the case of perishable Goods, or otherwise on the provision of fourteen days’ notice, open and sell all or any of the Goods as the Service Provider thinks fit (whether by private treaty or public auction, including auction on an internet based platform) and apply the proceeds to discharge the lien and costs of sale without being liable to any person for any loss caused.

15.3 The parties agree that the lien arising under these conditions:

  1. attaches to the Goods when the Goods are accepted by the Service Provider; and
  2. is a security interest.

15.4 On request by the Service Provider, the Consignor must promptly do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions is enforceable, perfected (including perfection by registration), maintained and is otherwise effective. Anything that is required to be done under this clause will be done at the Consignor’s expense. The Consignor agrees to reimburse the Service Provider’s costs in connection with any action taken by the Service Provider under or in connection with this clause.

15.5 The parties agree that, to the extent permitted by the PPSA:

  1. sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Service Provider); and
  2. any right to receive a notice, statement or verification statement under sections 129, 130, 132, 134,135 or 157 of the PPSA is waived.

16. Service Provider’s Charges

16.1 The Service Provider’s charges will be deemed fully earned on receipt of the Goods by the Service Provider and are non- refundable in any event. The Consignor agrees to pay all sums due to the Service Provider without any deduction, counterclaim or set-off.

16.2 The Service Provider’s charges are due within the credit terms agreed in writing between the Consignor and the Service Provider. If the Service Provider has not agreed to any credit terms, the charges are payable in advance. If the Consignor defaults in making any payment in accordance with these conditions, then all amounts owed to the Service Provider will immediately become due and payable.

16.3 Where the Service Provider issues a quotation, setting out rates, the Consignor is deemed to accept those rates if it subsequently requests the Service Provider to provide the services set out in the quotation (regardless of whether the Consignor signs or otherwise formally accepts the quotation).

16.4 The Service Provider may, but is not obliged to, issue a ‘Daily Priced Consignment Report’ which is a guide only and gives indicative charges which are subject to change based on actual weight, dimensions and any delays and additional services that may be required, such as hand unloads.

16.5 In addition to any other charges contemplated under these conditions, the Consignor is liable to pay:

  1. Enforcement Costs;
  2. Interest on any Outstanding Amount;
  3. all storage, handling, stocktaking and reporting charges and any charges associated with loading or unloading Goods;
  4. any fuel levy imposed, which may be adjusted by the Service Provider at any time on reasonable grounds to reflect fuel price movements;
  5. any additional costs arising from heavy or over-dimensional transport including costs associated with permits, escorts, pilots, equipment, bridge/road works and detours; and
  6. all charges imposed by Law including customs charges and excises and associated fines and penalties.

16.6 The Service Provider may charge the Consignor, in accordance with its schedule of rates, in respect of any delay in loading or unloading occurring other than from the default of the Service Provider. Such permissible delay period will commence upon the Service Provider reporting for loading or unloading.

16.7 If the Consignor instructs the Service Provider that the Service Provider’s charges will be paid by the consignee or any other third party and the consignee or third party does not pay the Service Provider’s charges within seven days of the date of delivery or attempted delivery of the Goods, the Consignor must pay such charges.

16.8 The Consignor charges and grants a security interest to the Service Provider in all of the Consignor’s right, title and interest in any property whatsoever and wheresoever both present and future as security for the payment of all money that is, now or in the future, owed by the Consignor to the Service Provider. As security for the payment of any money that is now or in the future owed by the Consignor to the Service Provider the Consignor irrevocably appoints the Service

Provider’s director (from time to time) as its duly constituted attorney to execute in the Consignor’s name and as the Consignor’s attorney any real property mortgage, security agreement, or consent to any caveat and to do all things necessary to obtain the registration of any such document. The attorney may exercise any power conferred on the attorney by this power of attorney even if it involves a conflict of duty or the attorney has a personal interest or benefits from doing so and the Consignor agrees to ratify anything done by the attorney under this power of attorney.

16.9 Where the Service Provider stores Goods for the Consignor, the Consignor must:

  1. pay the Service Provider’s expenses and charges to comply with any Law;
  2. supply or pay for labour or machinery, or both, to load or unload the Goods; and
  3. if the Goods are at any time requantified, reweighed or remeasured, pay any proportional additional charges.

17. Dangerous Goods

17.1 If the Service Provider agrees to provide Services with respect to Dangerous Goods:

  1. such Goods must be accompanied by a written declaration disclosing the nature of such Goods; and
  2. the Consignor must comply with all Law with respect to Dangerous Goods, including the Australian Code for the Transport of Dangerous Goods by Road & Rail.

17.2 If, in the opinion of the Service Provider, acting reasonably, the Goods are or are liable to become of a dangerous or flammable or damaging nature and pose a threat of property damage or personal injury, the Goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Consignor and without prejudice to the Service Provider’s right to charge for any Services.

18. Force Majeure Event

18.1 If, because of a Force Majeure Event, the Service Provider is unable to carry out an obligation under any agreement incorporating these conditions:

  1. the Service Provider must give the Consignor prompt written notice and reasonable particulars of the Force Majeure Event and, so far as is known, the probable extent that the Service Provider will be unable to perform or be delayed in performing its obligation; and
  2. the relevant obligations of the Service Provider and the Consignor (other than any obligation of the Consignor to pay money), so far as they are affected by the Force Majeure Event, will be suspended during the continuance of the Force Majeure Event.

18.2 the relevant obligations of the Service Provider and the Consignor (other than any obligation of the Consignor to pay money), so far as they are affected by the Force Majeure Event, will be suspended during the continuance of the Force Majeure Event.

19. Notification of Claim

19.1 Notwithstanding any other provision of these conditions (other than clause 20), the Service Provider will, in any event, be discharged from all liability whatsoever in respect of the Goods unless written notice of a claim or an intended claim (together with particulars of the circumstances on which the claim is based) is given to the Service Provider:

  1. in the case of Goods allegedly lost or Damaged in the course of loading, unloading or transit within seven days from the delivery of the Goods or from the date on which in the ordinary course of business, delivery would have been effected; or
  2. in the case of Goods allegedly lost or Damaged during Storage, within seven days of the date of removal or attempted removal of the Goods from Storage.

19.2 The Service Provider will, in any event, be discharged from all liability whatsoever in respect of the Goods unless legal proceedings are commenced:

  1. in the case of Goods allegedly lost or Damaged in the course of loading, unloading or transit, within twelve months of their delivery or of the date on which, in the ordinary course of business, they should have been delivered; or
  2. in the case of Goods allegedly lost or Damaged during Storage, within twelve months of the date of removal or attempted removal of the Goods from Storage.

20. Applicable Legislation

20.1 Notwithstanding anything contained in these conditions, the Service Provider will continue to be subject to any terms, conditions, guarantees or warranties implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth or state legislation but only in so far as such legislation applies and prevents the exclusion or modification of any such term, condition, guarantee or warranty.

20.2 The Service Provider, Consignor and consignee must comply with all Law, including Chain of Responsibility Law.

20.3 The Consignor must not impose any requirement on the Service Provider that would directly or indirectly encourage or require the Service Provider or any person on behalf of the Service Provider to speed, drive while fatigued or otherwise perform the Services in an unsafe manner or in breach of Law.

21. Entire Agreement

21.1 The entire agreement between the parties as to the terms on which Services will be provided is contained in these conditions and there are no other understandings, representations or agreements between the parties that are not set out in these conditions.

21.2 The Service Provider will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Service Provider by an authorised officer of the Service Provider.

22. General

22.1 These conditions will be construed in accordance with the Law in force in Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.

22.2 The failure of a party to take action to enforce its rights under any agreement incorporating these conditions or the granting of any time or indulgence will not be construed as a waiver of the provision nor as a waiver of the right of the party at a later time to enforce its rights under any agreement incorporating these conditions.

22.3 The failure of a party to take action to enforce its rights under any agreement incorporating these conditions or the granting of any time or indulgence will not be construed as a waiver of the provision nor as a waiver of the right of the party at a later time to enforce its rights under any agreement incorporating these conditions.

22.4 If any provision of these conditions is invalid, illegal or unenforceable, that provision will, to the extent that it is invalid, illegal or unenforceable, be treated as severed from this agreement, without affecting the validity and enforceability of the remaining provisions.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: