AustWIDE Freight Terms & Conditions
AustWIDE Freight, owned and operated by AustWIDE Freight Agency Pty Ltd, PO Box 1171, Camden, NSW, 2570 Australia, ABN 87 603 273 187 is a limited liability Company incorporated under the laws of New South Wales, Australia.
These terms and conditions govern the supply of services (“Services”) by AustWIDE Freight to you (“the Customer”). Unless otherwise specifically agreed in writing by us, all orders placed by the Customer for the supply of Services will be on the following terms and conditions.
1.1 “Terms & Conditions” herein. By entering into the use of Services with AustWIDE Freight, you accept these terms and conditions and confirm that you have read and understood the same. Should further deliveries be needed, these terms and conditions shall apply to this and all future deliveries scheduled by you the Customer.
1.2 “AustWIDE Freight” means AustWIDE Freight Agency Pty Ltd trading as AustWIDE Freight 1A,35-45 Stennett Road, Ingleburn NSW 2565 Australia, ABN 87 603 273 187, a limited liability Company incorporated under the laws of New South Wales Australia and includes, as the context requires, AustWIDE Freight’s employees, agents, contractors and subcontractors.
1.3 “Customer” means you the other party entering into / or engaging services / or the party ordering the works and or receiving the invoice or invoices in relation to services ordered (section 5).
1.4 “Claim” means any action, claim, suit or demand of any nature whatsoever.
1.5 “Consignee” means the recipient of Goods transported by AustWIDE Freight at the Customer’s request.
1.6 “Goods” mean the items accepted by AustWIDE Freight for transport on the Customer’s behalf under these terms and conditions.
1.7 “Loss” means any costs, losses, penalties, damages, liabilities and expenses and in relation to a Claim, includes amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a solicitor and own client basis.
1.8 “Services” means all operations and services supplied by AustWIDE Freight in connection with the transport of Goods including without limitation the carriage, transport and/or storage of the Goods and any operations or services incidental to any of them.
1.9 “Party” means AustWIDE Freight and the Customer.
1.10 “Term” means the initial term and any renewal term of this T&C’s, as set out in clause 15.
1.11 “Account” means the Customer application for credit has been accepted inline with these terms and conditions herein.
2. BINDING TERMS AND CONDITIONS
2.1 Unless otherwise specifically agreed in writing by AustWIDE Freight, these terms and conditions are incorporated into every order for the supply of Services placed by the Customer.
2.2 Any provision of a particular order of the Customer which is inconsistent with or additional to these terms and conditions is excluded from contracts between AustWIDE Freight and the Customer.
3. NOT A COMMON CARRIER
3.1 AUSTWIDE FREIGHT IS NOT A COMMON CARRIER and accepts no liability as such and may in AustWIDE Freight’s absolute discretion:
- refuse transport of any item for any persons;
- refuse to provide any of the Services to the Customer whether before or after the transport of Goods has commenced;
- open any documents, envelope, package or other container in which the Goods are placed or packaged, or the Goods, to inspect the Goods to determine the nature or condition of the Goods or to repack the Goods, or where any consignment note or identifying document or mark is lost, damaged or destroyed, to ascertain the ownership or destination of the Goods.
3.2 AUSTWIDE FREIGHT DOES NOT INSURE ANY GOODS and transport and/or storage of the Goods is at the Customer’s risk. It is the Customer’s obligation to insure the Goods at all times whilst the Goods are in the possession or control of AustWIDE Freight.
3.3 AustWIDE Freight does not accept for transport or storage, any livestock, second-hand car parts, perishable goods, plants, cash or other negotiable estimates, jewellery, cigarettes or other tobacco products, irreplaceable items illegal goods or other such valuables.
4. WARRANTIES AND ACKNOWLEDGMENTS
4.1 The Customer warrants:
- that the Customer is the owner of the Goods or is the authorised agent of the owner of the Goods and any other person having an interest in the Goods;
- that it has complied with all laws, regulations and relevant standards relating to the nature, packaging, labelling and transport of the Goods and that the Goods are adequately packed to withstand the ordinary risks associated with the Services having regard to the nature of the Goods;
- the accuracy of all markings and brandings of the Goods, descriptions, values and any other details to be provided to AustWIDE Freight;
- that all containers, packaging and pallets used in connection with the goods are fit for purpose, in a safe condition and meet any requirements of AustWIDE Freight;
- the accuracy of all markings and brandings of the Goods, descriptions, values and any other details to be provided to AustWIDE Freight;
- that all containers, packaging and pallets used in connection with the goods are fit for purpose, in a safe condition and meet any requirements of AustWIDE Freight;
- that it will not tender for transport or storage any volatile spirits, explosive goods or goods which are or may become dangerous, flammable or offensive or which may cause damage to any person or property whatsoever without first providing a full written description disclosing the nature of the goods to AustWIDE Freight;
- that there is suitable access and maneuvering space at the nominated delivery address for delivery of the Goods; and
- that it will not make any Claim, which is inconsistent with clause 10.4.
4.3. If in AustWIDE Freight’s opinion, the Goods are or are liable to become of a dangerous, flammable, explosive, volatile, offensive or damaging nature, AustWIDE Freight may at any time destroy, dispose of, abandon or make harmless those Goods without compensation to the Customer and at the Customer’s cost.
5. QUOTES, ORDERS & ACCEPTANCE
5.1. AustWIDE Freight’s quoted prices will only become binding on AustWIDE Freight upon receipt of an unconditional purchase order (“order”) in such form as AustWIDE Freight may require. Orders for Services may be made by telephone, fax, email or by submitting an order via AustWIDE Freight’s website/on-line portal.
- Insurance is not included in any quotation.
- All quotes are based on the weight, dimensions and the description that have been provided by you the Customer.
- All quotes are based on a business to business delivery unless stated otherwise. Shall your consignment be a pick up or delivery at a residential address, note that an extra charge on top of the quoted price may apply.
- All quotes are based on loading and unloading facilities, i.e. cranes, trolley-jacks, hand load/unload and forklifts are provided by the sender and receiver at both ends. If no such facilities are provided at either ends, we may organize such arrangements at an extra cost to you the Customer.
- All quotes are valid for 30 days from date of issue, but subject to the information provided, fuel levy variation and additional costs where upon may be subject to alteration.
- All quotes are based upon an anticipated average number of jobs per week. If the level of trading is consistently below this level, we reserve the right to review these rates.
- All orders must be paid in full prior to acceptance of the order unless the Customer has “Joined” AustWIDE Freight and AustWIDE Freight has approved the Customers application in writing to state the Customer now is an “Account” holder.
- All quotes are exclusive of GST unless stated otherwise.
5.2 All Services to be supplied will be as described in the quotation given by AustWIDE Freight, irrespective of any purported variation in the form of acceptance accepting such quotation. Orders will be deemed accepted upon submission in accordance with clause 5.1, unless clause 5.3 or clause 5.4 applies.
5.3 AustWIDE Freight has daily deadlines for the placement of orders, depending on the type of service required. Daily deadlines can be obtained from AustWIDE Freight by telephone, fax, or email from AustWIDE Freight. Orders placed after a daily deadline cut off for the service requested will not be deemed accepted unless the order and its services are upgraded too, or inline with, the next suitable service parameter or deadline which AustWIDE Freight provides.
5.4 All orders are accepted by AustWIDE Freight on the condition that AustWIDE Freight accepts no responsibility for the collection of cash or any other payment on delivery of the Goods on behalf of the Customer.
5.5 AustWIDE Freight reserves the right to reject orders placed by the Customer. AustWIDE Freight must communicate any non-acceptance of an order to the Customer as soon as practicably possible.
5.6 Orders may only be cancelled by the Customer on terms that indemnify AustWIDE Freight for all Claims and Loss which AustWIDE Freight may incur in connection with such cancellation.
5.7 Cancellation of Booking:If there is a change and you cancel after a booking has been made, a cancellation fee of $ 65.00 + GST will apply and will be payable to us immediately.
5.8 Supply of Services is subject to availability. AustWIDE Freight may cancel an order if it determines that it will be unable to supply the services within a reasonable time.
6. PRICING & PAYMENT TERMS
6.1 The AustWIDE Freight reserves the right to change its prices of the Services at any time without notice. This will not apply however, to prices quoted for which AustWIDE Freight receives an unconditional purchase order in accordance with clause 5 and to “permanent orders”. Permanent orders are standing orders for regular deliveries on a periodic basis. AustWIDE Freight reserves its right to increase its quoted prices for permanent orders annually in accordance with increases in the consumer price index.
6.2 Unless otherwise indicated, all prices quoted are exclusive of GST and Fuel Levy.
6.3 Payment for “Account” holders Credit terms are strictly seven (7) days from date of invoice and will only be granted following receipt of acceptance of T&C’s.
- AustWIDE Freight may vary or withdraw the approved credit limit of the Customer at any time in its absolute discretion. That may include requiring the Customer to pay in full prior to supply of Services if in AustWIDE Freight’s opinion the credit worthiness of the Customer becomes unsatisfactory.
- Should weekly usage exceed $ 10,000 per week, trading terms will be 7 days net. This includes for all services rendered during the specific period.
6.4 AustWIDE Freight’s charges will be deemed fully earned from commencement of the Services, you will be sent an invoice with the payment information for your records.
- Upon the acceptance of our quote, you will be sent an invoice with the payment information for your records.
- All non account holders deliveries must be prepaid via major credit card or bank to bank transfer prior delivery.
- When paying by credit card, you agree you will be responsible for all charges payable, including any adjustments, on account of such customer’s deliveries, in which case these charges will be due immediately.
- You agree that we or our carrier may seize freight and hold from delivery until all freight charges associated with said freight are paid in full.
- Our services are non-refundable. Under no circumstance will any payment for carriage be refunded.
- You shall be liable, jointly and severally, for all charges payable on account of such customer’s delivery, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the delivery, and all duties, governmental penalties and fines, and taxes.
- reserve the right to amend the original quoted amount or adjust the original quoted amount or reinvoice you if the original quoted amount was based upon incorrect information provided at the time of original quote or if additional services by the carrier were required or otherwise authorized by you to perform the pickup, transportation and delivery functions therein.
- We shall have a lien on any goods, for any amount payable by you in respect of the goods.
- All charges are payable in Australian dollars only.
6.5 Demurrage time charges AustWIDE Freight will charge the Customer commencing from the time which is 15 minutes after the time at which AustWIDE Freight arrives at the pick up location until AustWIDE Freight leaves the pick up location and or which AustWIDE Freight arrives at the delivery location and leaves the delivery location. AustWIDE Freight will inform the Customer of any demurrage times and charges as soon as AustWIDE Freight becomes aware of this. The goods are deemed delivered in accordance with clause 7.4 where:
- AustWIDE Freight is required to wait in order to obtain a name or signature from the Consignee as proof of delivery and/or for the Consignee to unload the Goods unless the Customer authorises AustWIDE Freight to leave without obtaining a name or signature as proof of delivery, where then the goods are deemed to have been delivered;
- Customer may request that AustWIDE Freight assist with unloading of the Goods.
6.6 AustWIDE Freight will invoice the Customer weekly, in respect of Services provided in the preceding 7 days.
6.7 Unless requested otherwise by the Customer in writing, invoices will be sent to the Customer by electronic mail. Where the Customer requests invoices to be posted in hard copy form, an administration fee of $5.00 will be charged for each invoice posted to the Customer.
6.8 AustWIDE Freight may charge interest on all overdue payments at the rate of 2% per month from the due date for payment until the date that payment is actually made.
6.9 The Customer must pay to AustWIDE Freight all associated debt collection, legal, court and all associated costs in recovering outstanding payment.
6.10 If the Customer defaults in any payment or if the Customer commits any act of bankruptcy, appoints an administrator or commits an act which entitles a third party to make an application to wind up the Customer or appoint a receiver or receiver and manager to the Customer or any of its assets, or where the Customer passes a resolution to wind itself up or enters into any arrangement or compromise with any of its creditors (“Events of Default”), then:
- the date for payment of all monies owing and outstanding to AustWIDE Freight, irrespective of whether the due payment as per the invoice has passed, will accelerate and become immediately due and payable;
- AustWIDE Freight may invoice the Customer for the value of any Services supplied, and other out of pocket expenses incurred, but not yet invoiced, which amounts will be immediately due and payable upon issue of the invoice;
- AustWIDE Freight may suspend the supply of further Services immediately which may include, without limitation, halting delivery of Goods the subject of an order; or
- AustWIDE Freight may terminate its contract with the Customer by giving written notice to the Customer.
6.11. The Customer must pay to AustWIDE Freight, in full for all Services provided without any set-off, even if:
- there is a delay in providing the Services;
- there is any damage to or deterioration or loss of the Goods; or
- the Customer disputes that the Services have not been provided with due care and skill.
7. PICKUP, DELIVERY & TRANSIT TIME
7.1 The Customer authorises AustWIDE Freight to pickup & deliver the Goods to the address nominated by the Customer in its order, the Consignee or any of the Consignee’s agents.
Please ensure that the dimensions and weight you give us at time of booking are exactly what they measure up as packaged. Extra costs are charge to the customer if these dimensions and weight are different to what you have told us.
7.2 AustWIDE Freight will make all reasonable efforts to pickup & deliver the Goods to the Customer’s nominated place of pickup & delivery within the requested time but AustWIDE Freight is under no liability to the Customer if pickup or delivery is not made within the requested time.
7.3 In particular, the Customer acknowledges and agrees that the Services and pickup & delivery of Goods may be totally or partially suspended, delayed during any period in which AustWIDE Freight may be prevented or hindered from providing the Services by any circumstances outside of AustWIDE Freight’s reasonable control, including but not limited to, strikes, lock-outs, stock shortages, accidents (including traffic accidents), break-downs of vehicles, plant or machinery, storms, adverse weather, pandemics or epidemics, acts of public authorities, clause 6, floods and other acts of God. Clause 17 will not be enforced and will be excluded under clause 7.3.
7.4 Goods will be deemed picked up or delivered by AustWIDE Freight upon arrival at the place of pickup or delivery as evidenced by the time of arrival recorded by the driver using connotes, run sheets, PDA or photographic records. Unless the Customer has expressly authorised AustWIDE Freight to leave the Goods at the nominated delivery address without obtaining a signature acknowledging receipt from any person who presents himself to AustWIDE Freight’s driver as the Customer or Consignee or its agent,
7.5 If AustWIDE Freight’s driver is unable to obtain a signature acknowledging receipt within 15 minutes after arrival at the delivery address, AustWIDE Freight may contact the Customer to confirm that the Goods can be unloaded, subject to AustWIDE Freight’s unloading policy set out in clause 8. If the Consignee and or the Customer cannot be contacted within a reasonable time or at all, then AustWIDE Freight may return and store the Goods at the risk and cost of the Customer.
i. AustWIDE Freight may elect to redeliver the stored Goods at the Customer’s expense. In case the delivery should change, rate may/may not increase accordingly.
7.6 The Customer authorises AustWIDE Freight to deviate from any usual manner or route of transport or storage of Goods as AustWIDE Freight may deem reasonable or necessary.
7.7 If the Goods, the subject of one order by the Customer are required to be transported by more than one vehicle, each delivery of Goods by each vehicle used will be deemed to be the supply of Services under a separate contract. AustWIDE Freight’s failure to deliver all of the Goods the subject of an order by use of one vehicle only or within the time quoted will not entitle the Customer to cancel or repudiate the order for the balance of Goods remaining undelivered.
7.8 All transit times that are dictated by us are estimates only and do not include day of pickup
- Pickup and delivery dates are not guaranteed, but every effort will be made to meet these deadlines, weekends and holidays are excluded.
- following the AustWIDE Freight’s education/help information (such as addressing and packaging your freight correctly), transiting freight will travel more efficiently.
8. LOADING AND UNLOADING POLICY
8.1 AustWIDE Freight is not responsible for loading or unloading the Goods unless that is expressly agreed in writing by AustWIDE Freight.
8.2 If AustWIDE Freight agrees in writing to load or unload or assist loading or unloading the Goods at the delivery address, the following provisions of this clause 8 and the charges in clause 6.5 apply.
8.3 The Customer must arrange access at the nominated delivery address for AustWIDE Freight’s vehicle to load or unload the Goods in a safe manner, as close as is reasonably possible to the storage location or other suitable safe location.
8.4 If delivery is to be made to a building site, AustWIDE Freight is only required to unload and place the Goods in close proximity to where AustWIDE Freight’s vehicle is parked for unloading.
8.5 Under no circumstances will AustWIDE Freight:
- unload and deliver the Goods inside any built structure or carry the Goods to the rear of or backyard of the delivery address;
- rest the Goods against other property.
8.6 If the Goods are the subject of an order weight in aggregate more than 500kg or at the AustWIDE Freight’s request, the Customer, or the Consignee, must make at least one person available, who the Customer warrants and covers under the Customers insurances for WH&S is appropriately qualified and trained in manual handling to assist with loading or unloading the Goods.
8.7 If no suitable person can assist, AustWIDE Freight may in its absolute discretion itself load or unload the Goods or return the Goods to AustWIDE Freight’s authorised premises (at the Customer’s cost). The Customer will be required to arrange an alternative time of delivery at which appropriately qualified and trained persons will be available to assist with the safe unloading of the Goods at the Customer’s cost.
8.8 In the event of inclement weather all hazardous site conditions, AustWIDE Freight may in its absolute discretion undertake a risk assessment to determine whether the Goods can be unloaded in a safe and hazard free manner. If the Goods cannot be unloaded due to the potential risks, the Goods will be returned to AustWIDE Freight’s authorised premises to be redelivered at another time at the Customer’s cost.
9. ACCOUNT APPLICATION
- Only established businesses and corporations may apply for a credit account which is subject to credit approval.
- We reserve the right to accept or reject any credit application lodged by an applicant for any reason whatsoever and are under no obligation to provide reasons for our action.
- The applicant and/or guarantor/s agree for AustWIDE Freight to obtain from a credit-reporting agency a credit report containing personal credit information about the applicant and/or guarantor/s in relation to credit provided by us.
- The applicant and/or guarantor/s agree that we may exchange information about the applicant and/or the guarantor/s with those credit providers named in the application for credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
- To assess an application by an applicant and/or the guarantor/s
- To notify other credit providers of a default by the applicant and/or guarantor/s
- exchange the information with other credit providers as to the status of the credit account, where the applicant and or guarantor/s in default with other credit providers
- To assess the credit worthiness of the applicant and or the guarantor/s
- If credit is denied, delivery charges will need to be prepaid.
10.1 AustWIDE Freight may in its discretion, subcontract the whole or any part of the Services.
10.2 Each of AustWIDE Freight’s officers, employees, carriers, contractors and agents used in providing the Services is entitled to the benefit of every release, exemption, limitation of liability, and conditions contained in these terms and conditions and every right, power, authority, exemption from liability, defence and immunity applicable to AustWIDE Freight or to which AustWIDE Freight is entitled.
11.1 The customer hereby undertakes on its own behalf or as agent or representative of any person, firm or company whether directly or indirectly or in any beneficial capacity not to solicit or engage any AustWIDE Freight carriers, sub-contractor, contractor and/or employee of AustWIDE Freight to work directly for itself to the exclusion of the AustWIDE Freight for a period of 12 months following the Customer’s written termination of Services provided by AustWIDE Freight. Both Parties are to sign the written termination and be presented a copy for each parties records to constitute termination of Services.
12. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
12.1 If the Customer is resident in Australia and deemed to be a “consumer” under the Australian Consumer Law (“ACL”), then the Customer has the benefit of the consumer guarantees in and warranties implied by the ACL. Nothing in these terms and conditions excludes, limits, restricts or modifies any statutory obligation on AustWIDE Freight or any rights, entitlements and remedies conferred upon the Customer if that cannot lawfully be done.
12.2 If the Customer is deemed to be a “consumer” under the ACL, then AustWIDE Freight’s liability for breach of a consumer guarantee and any warranty implied by the ACL, will subject to applicable laws (including the provisions of the ACL in relation to “major failures”), be limited to, at AustWIDE Freight’s discretion:
- In the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
- In the case of services – the re-supply of those services or the payment of the costs of having those services re-supplied or refunding the cost of the services.
12.3 If the Customer is not resident in Australia or is not taken to have acquired the Services as a “consumer” under the ACL, the price of the Services supplied to the Customer exceeds the prescribed amount as defined by the ACL and the Services are not goods and/or services which are ordinarily used for personal, domestic or household use within the meaning of the ACL, then all consumer guarantees and implied warranties and conditions contained in the ACL are hereby expressly excluded to the extent permitted by law.
12.4 If clause 12.3 applies, AustWIDE Freight warrants that the Services will be supplied with due care, skill and diligence and in a timely manner.
12.5 Any Claim for any loss of or damage to the Goods whilst in AustWIDE Freight’s possession or control or that the Services have not been supplied in accordance with these terms and conditions is, subject to applicable laws (including the ACL), conditional upon:
- the Customer, within 14 days of the due date for delivery of the Goods or supply of the Services, whichever is the later, making a written Claim to AustWIDE Freight setting out full details of the Claim accompanied by a copy of our invoice and date stamped digital photographic evidence of any claimed damage to the Goods;
- the Goods having been properly handled, displayed and cared for both before and after the Goods were in the possession or control of AustWIDE Freight; and
- any damage to the Goods or the failure to supply the Services otherwise than in accordance with these terms and conditions was not caused or contributed to by any act or omission of the Customer or the Consignee.
12.6 Subject to applicable laws, including the ACL:
- if the Customer is not taken to have acquired the Services as a “consumer” under the ACL, our obligation to re-supply the services, pay the cost of resupplying the Services or refund the cost of the Services will be in any case limited to a maximum of $50.00. This will be the Customer’s sole and exclusive remedy;
- all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our services are excluded; and
- the AustWIDE Freight excludes all liability for all Claims or Loss in connection with the supply of the Services, however arising including all loss of profits, loss of revenue, loss of business, loss of production, loss of opportunity or goodwill, business interruption and any indirect or consequential Loss.
12.7 Subject to applicable laws, including the ACL, AustWIDE Freight’s total cumulative liability under or in any way connected with a contract with the Customer for the supply of Services or its subject matter is limited in aggregate for all Claims to an amount equal $50.00 maximum for the Services the subject of that contract.
12.8 The limitations and exclusion of liability under this clause 12 do not apply in respect of:
(a) death or personal injury; or
(b) damage to third party tangible property (not including the Goods);to the extent directly caused by AustWIDE Freight and then only to such extent that AustWIDE Freight is not otherwise released from liability under these terms and conditions.
12.9 All advices, recommendations, information and assistance (“the Advices”) provided by AustWIDE Freight in relation to the Services, is given in good faith and is believed by AustWIDE Freight to be appropriate, accurate and reliable. However, the Customer acknowledges that in acquiring AustWIDE Freight’s Services, it has not relied upon the Advices as provided by AustWIDE Freight.
12.10 The Customer at all times agrees to indemnify AustWIDE Freight, its officers, employees, carriers, contractors and agents against all Claims and Loss which are suffered or incurred in connection with:
(a) the Customer’s or the Consignee’s use or misuse of the Goods;
(b) failure of the Services to comply with any consumer guarantee, where such failure is caused or contributed to by any act or omission of the Customer or the Consignee;
(c) breach of any warranty, undertaking or representation that the Customer has given to AustWIDE Freight;
(d) damage to any 3rd party tangible property caused or contributed to by the Customer or the Consignee;
(e) injury or death to any person caused or contributed to by the Customer or the Consignee;
(f) the recovery of any monies due and payable but unpaid by the Customer; and
(g) the exercise or attempted exercise by AustWIDE Freight of any power conferred by these Terms and Conditions. Except to the extent such Claim or Loss is directly caused by AustWIDE Freight and then only to such extent that AustWIDE Freight is not otherwise released from liability under these terms and conditions.
13. LIEN ON GOODS
13.1 AustWIDE Freight has a lien on the Goods (and any document relating to the Goods) and any other items of the Customer in the custody or control of AustWIDE Freight or it’s carriers for all monies owing by the Customer to AustWIDE Freight from time to time whether in connection with the Services or otherwise and AustWIDE Freight may sell the Goods of any of those items by public auction or private treaty without further notice to the Customer or any other person having an interest in them to satisfy that indebtedness.
14.1. The Customer has the authority and is authorised (including its directors/officers in the case of a Company, and its partners in the case of a partnership) to hereby charge all of their right, title and interest in any and all real property of which the Customer or those persons, whether solely, jointly or otherwise are or become a registered owner, in favour of AustWIDE Freight with the obligations of the Customer under these terms and conditions. The Customer and each of those persons acknowledge that this is a director guarantee and have authorised this. AustWIDE Freight may pursuant to the interests conferred under this clause, register a caveat or similar security on any such real property.
14.2. Unless expressed in writing to the Customer, any failure or delay by AustWIDE Freight in exercising any right, power or privilege available to AustWIDE Freight, will not operate as a waiver or variation of such right, power or privilege, nor will the exercise by AustWIDE Freight of any other right, power or privilege prevent AustWIDE Freight from exercising any other rights, powers or privileges available to AustWIDE Freight.
14.3. AustWIDE Freight and the Customer acknowledge that these terms and conditions and any applicable service level agreement of AustWIDE Freight, constitute the whole agreement between AustWIDE Freight and the Customer and all previous negotiations and agreements between AustWIDE Freight and the Customer have no effect.
14.4. These terms and conditions are governed by the laws in force in New South Wales. AustWIDE Freight and the Customer submits to the jurisdiction of the Courts of New South Wales and all Courts of appeal from them.
14.5. If any part of these terms and conditions is held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provision(s) have been deleted.
14.6. Nothing in these terms and conditions is intended to create an agency, partnership or joint venture relationship between AustWIDE Freight and the Customer. Neither AustWIDE Freight nor the Customer has any authority to bind the other to any obligation to any third party unless otherwise agreed in writing.
15. Term and Termination
15.1. The initial term will commence on the date of acceptance of these terms and conditions and will remain in force for twelve months (the “Initial Term”).
15.2. This terms and conditions will automatically be renewed for a further period of twelve months, starting at the end of the Initial Term unless the Customer elects to terminate at the end of the Initial Term by giving not less than one months written notice prior to expiration of the Initial Term.
16. Forced Majeure
16.1. Unless otherwise expressly provided for, neither Party shall be deemed to be in breach of this SGA, or otherwise liable to the other Party, by reason of delay in performance, non-performance, of any of its obligations hereunder to the extent that and for as long as such performance is prevented or delayed by causes beyond the control of that party, including but not limited to war, fir, earthquakes, embargos, blockades, strikes, riots and/or political disturbances (“FORCE MAJEURE EVENTS”).
16.2. The Party whose performance is prevented or delayed due to Forced Majeure Event, shall forthwith notify the other Party in writing of the occurrence of the Forced Majeure Event and such party shall immediately use all reasonable efforts to avoid the effect of such event and mitigate damages to the extent possible. If the prevented or delayed party does not inform the other party of its delay within 5 days from the occurrence of the Forced Majeure event, that Party shall not be entitled to invoke the Forced Majeure Event as a reason for non-performance of the T&C’s. Upon termination of the forced majeure Event, the prevented Party shall forthwith resume its Performance of its obligations under the agreement.
16.3. In the event of Forced Majeure Event, the Parties shall enter into bona fide discussions with a view to alleviating its effects, and or to agree upon such alternative arrangements as may be fair and reasonable.
- Every item needs to be packaged in order to be transported.
- Please ensure the packaging is strong enough to cope with the weight and density of the goods you are placing inside and robust enough to handle the rigors of normal freight distribution systems. Use void fill if the goods move around inside and as much packing tape as possible to make the packaging strong and sturdy. On the carton, apply the packing tape around every side and also along the seams. This will prevent the carton splitting open whilst in transit.
- If your item is especially fragile, you must let us know! Write the word “FRAGILE” on the outside of the item in big bold letters, then highlight with a highlighter or use a fragile tape.
- We will treat your consignment with utmost care, but please recognize it will be stacked into a line haul vehicle, often in a cage or on a pallet along with all other freight.
- Our driver will not collect your goods unless they are correctly packaged.
- You shall be responsible for conformity of any containers, packaging or pallets with any requirements of the consignee and for any expense incurred by us arising from any failure to so confirm.
- You shall be responsible for ensuring that adequate assistance by person or mechanisms is available upon delivery of each and every item.
18. Dangerous Goods
Should your freight contain any dangerous goods, we must be notified at time of booking.
- need to be informed about the dangerous goods class as well as the UN number.
- A dangerous goods charge of $ 45.00 + GST minimum, or 25% of the job cost (whichever is the greater) will apply.
- Usual transit times may not apply for any freight containing dangerous goods.
19. Over-length Surcharge
b) An over-length surcharge of $ 150 + GST for items larger than 6m will apply.
c) An over-length surcharge for items larger than 7m will be negotiated between AustWIDE Freight and the customer.
d) Usual transit times may not apply for any over-length item.