1. In this contract;
“Company” means Collect Transport Pty Ltd, its employees, officers, agents, successors and assigns.
“Customer” means the person or firm with whom this contract is made.
“Subcontractor” means and includes any firm or person that the Company engages to for the carriage of any goods, and any person or company who represents said person of firm.
“Additional Services” means services that require Company staff to handle goods as form of delivery including but not limited to hand unloading, using a trolley crane or tailgate, installation, assembly, removal or erection
Incorporation of Terms & Conditions
2. All business undertaken by the company is subject to these Terms and Conditions. These Terms and Conditions act as an agreement between the Company and the Customer. Where these Terms and Conditions conflict with any other agreement between the two parties, these Terms and Conditions shall prevail.
Not a Common Carrier
3. The Company is not a Common Carrier and accepts no liability as such. All goods carried by the Company are subject only to these terms and conditions. The Company at its discretion may refuse to provide services without notice or reason.
4. In accordance with these terms and conditions, any instructions given to the Company by the Customer may at the discretion of the Company be carried out by the Company or be subcontracted by the Company to any person or firm.
Quotes, Charges & Payment
5. The Customer agrees to pay in full and on time all charges for the services rendered by the company. Charges include but are not limited to;
a. Delivery Charges
b. GST & Other Taxes
d. Disbursements by the Company
e. Costs of failed deliveries or collection
g. Demurrage and Waiting Time
6. Where charges are not paid by the Customer as agreed, the company at it’s discretion may withhold services, hold goods or charge any further costs associated with late or non payment, including but not limited to interest and debt collection fees.
7. The Company reserves the right to collect payment before services are undertaken and as necessary recharge any additional costs once services are complete.
8. Quotations are given based on acceptance within 14 days. The Company reserves the right to revise quotes at its discretion.
Disclaimer of liability
9. All goods are carried at the risk of the Customer and not the Company. The company shall not be under any liability whether in tort or contract for loss or damage due to misdelivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, non delivery of goods held in the care, custody or control of the Company or its subcontractors, or any consequential loss or damage arising there from however including but not limited to any negligence or wilful act or default or breach of contract by the Company or could constitute a fundamental breach of contract or a fundamental term thereof.
10. Where additional services are required the Company accepts no liability whether in tort or contract for any loss or damage which may occur in the process of home delivery, installation, handling, removal or assembly. This extends to property damage and personal injury.
Indemnity by Customer
11. The Customer Indemnifies the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer’s instructions or request for services, in particular the Customer shall indemnify the Company for any liability it may be under to its servants, subcontractors, agent or any person whatsoever directly or indirectly involved in services provided, from any any claim that may be made by any interested party in the goods or by any other person
Dangerous or Hazardous Goods
12. The Company will not accept any Dangerous or Hazardous Goods unless arrangements have previously been made in writing. All Dangerous or Hazardous Goods must be declared, it is illegal to send dangerous goods without declarations. The Company accepts no liability for the incorrect shipment of dangerous goods, the Customer will be held liable for any penalties, claims, damages, loss, costs or expenses arising out of the shipment of Dangerous Goods. Dangerous Goods are goods which may be likely to cause damage, or are classified under the ADG Code of Practice.
Warranty by Customer
13. The Customer Warrants that they are the owner, or representative of the owner of the goods to which the transaction relates and further warrants that they as the as they owner, or the owner’s representative are authorised to accept these terms and conditions.
14. The Customer Warrants they will provide all correct information in relation to goods, in the event that information isnt correctly provided the Customer accepts that the Company will have in place additional charges. The Customer also indemnifies the Company from any liability that may come from incorrect information.
15. The Customer Warrants that all goods are packed appropriately for carriage.
Warehousing and Routing
16. The Company shall be able to transport goods by any route that it so requires, providing that is not any contravention of state or federal laws. The Company may at anytime break journey as required to do so
17. Pending Delivery, Goods may be held Warehoused or Otherwise held at any place at the sole discretion of the Company
18. The Company will not arrange insurance for any goods in carriage. It is the Customer’s responsibility to ensure that adequate insurance cover is arranged.
19. The Company shall be subject tor the Trade Practices Act to the extent the Act applies to these Terms and Conditions and removes or modifies any such clause