Terms & Conditions
Express Transport Australia Pty Ltd –
Terms & Conditions
1.
Definitions
1.1
"Express
Transport Australia" shall mean Express Transport
Australia Pty Ltd T/A expresstransportaustralia.com.au
and its successors and assigns or any person acting on
behalf of and with the authority of Express Transport
Australia Pty Ltd T/A expresstransportaustralia.com.au.
1.2
"Sub-Contractor" shall mean and include:
(a) railways or airways
operated by the Commonwealth or any state or any other
country or by any corporation; or
(b)
any other person, firm or Express
Transport Australia with whom Express Transport Australia
may arrange for the carriage or storage of any Goods the
subject of the contract;
(c)
or any person who is now or hereafter a
servant, agent, employee or sub-contractor of any of the
persons referred to in clause 1.2(a) and 1 2(b).
1.3 "Customer" shall mean the
Customer or any person or persons acting on behalf of and
with the authority of the Customer Where more than one
Customer has entered into this agreement, the Customers
shall be jointly and severally liable for all payments of
the Price.
1.4
"Consignee" shall mean the person to whom the
Goods are to be delivered by way of Express Transport
Australia's Services.
1.5
"Guarantor" means that person (or persons),
or entity who agrees herein to be liable for the debts of
the Customer on a principal debtor basis.
1.6
"Goods" shall mean cargo together with any
container, packaging, or pallet(s) to be moved from one
place to another by way of Express Transport Australia's
Services, or for storage by Express Transport Australia
1.7
"Services" shall mean all services supplied
by Express Transport Australia to the Customer and are as
described on the quotations, invoices, consignment note,
airway bills, manifests, sales order or any other forms as
provided by Express Transport Australia to the Customer
and includes any advice or recommendations.
1.8
"Price" shall mean the cost of the
Services as agreed between Express Transport Australia and
the Customer subject to clause 4 of this contract.
2.
Acceptance
2.1
Any instructions received by Express
Transport Australia from the Customer for the supply of
Services shall constitute acceptance of the terms and
conditions contained herein.
2.2
Upon acceptance of these terms and conditions
by the Customer the terms and conditions are irrevocable
and can only be rescinded in accordance with these terms
and conditions or with the written consent of the manager
of Express Transport Australia.
2.3
These terms and conditions are to be read in
conjunction with Express Transport Australia's quotation,
consignment note, agreement, airway bills, manifests, or
any other forms as provided by Express Transport Australia
to the Customer If there are any inconsistencies between
these documents then the terms and conditions contained in
this document shall prevail.
2.4
The Customer shall give Express Transport
Australia not less than fourteen (14) days prior written
notice of any proposed change of ownership of the Customer
or any change in the Customer's name and/or any other
change in the Customer's details (including but not
limited to, changes in the Customer's address, facsimile
number, or business practice). The Customer shall be
liable for any loss incurred by Express Transport
Australia as a result of the Customer's failure to comply
with this clause.
3.
Price & Payment
3.1
At Express Transport Australia's sole
discretion the Price shall be either;
(a) as
indicated on invoices provided by Express Transport
Australia to the Customer in respect of Services
supplied; or
(b)
Express Transport Australia's quoted Price
(subject to clause 4.2 & 4.3) which shall be binding
upon Express Transport Australia provided that the
Customer shall accept in writing Express Transport
Australia's quotation within thirty (30) days.
3.2
Express Transport Australia may by giving
notice to the Customer increase the Price of the Services
to reflect any increase in the cost to Express Transport
Australia beyond the reasonable control of Express
Transport Australia (including, without limitation,
foreign exchange fluctuations, or increases in taxes or
customs duties or insurance premiums or warehousing
costs).
3.3
The Carrier may charge freight by weight,
measurement or value, and may at any time re-weigh, or
revalue or re-measure or require the Goods to be
re-weighed, or re-valued or re- measured and charge
proportional additional freight accordingly.
3.4
Time for payment for the Services shall be of
the essence and will be stated on the on the invoice,
consignment note, airway bills, manifests or any other
forms. If no time is stated then payment shall be due
thirty (30) days following the date of the invoice
3.5
At Express Transport Australia's sole
discretion;
(a) payment
shall be due on delivery of the Goods, or
(b) payment for approved
Customers shall be made by installments in accordance with
Express Transport Australia's payment schedule.
3.6
Payment will be made by cash, or by cheque,
or by bank cheque, or by credit card (plus a surcharge of
up to two and one half percent (2.5%) of the Price), or by
direct credit, or by any other method as agreed to between
the Customer and Express Transport Australia.
3.7
GST and other taxes and duties that may be
applicable shall be added to the Price except when they
are expressly included in the Price.
4.
Express Transport Australia Not
Common Carrier
4.1 Express
Transport Australia is not a Common Carrier and will
accept no liability as such. All articles are carried or
transported and all storage and other services are
performed by Express Transport Australia subject only to
these conditions and Express Transport Australia
reserves the right to refuse the carriage or transport
of articles for any person, corporation or body, and the
carriage or transport of any class of articles at its
discretion.
5.
Customer Packed Containers
5.1 If a
container has not been stowed by or on behalf of Express
Transport Australia Express Transport Australia shall
not be liable for loss of or damage to the Goods caused
by:
(a) the
manner in which the container has been stowed; or
(b) the unsuitability of the
Goods for carriage or storage in containers; or
(c)
the unsuitability or defective condition of
the container.
6.
Nomination Of Sub-Contractor
6.1 The Customer hereby
authorises Express Transport Australia (if it should
think fit to do so) to arrange with a Sub-Contractor for
the carriage of any Goods that are the subject of the
contract. Any such arrangement shall be deemed to be
ratified by the Customer upon delivery of the said Goods
to such Sub-Contractor, who shall there upon be entitled
to the full benefit of these terms and conditions to the
same extent as Express Transport Australia. In so far as
it may be necessary to ensure that such Sub-Contractor
shall be so entitled Express Transport Australia shall
be deemed to enter into this contract for its own
benefit and also as agent for the Sub-Contractor. In so
far as it may be necessary to ensure that such
Sub-Contractor shall be so entitled Express Transport
Australia shall be deemed to enter into this contract
for its own benefit and also as agent for the
Sub-Contractor.
7.
Express Transport Australia's Servants or
Agents
7.1 The Customer undertakes
that no claim or allegation shall be made against any
servant or agent of Express Transport Australia which
attempts to impose upon any of them any liability
whatsoever in connection with the Goods and, if any such
claim or allegation should nevertheless be made, to
indemnify Express Transport Australia and any such
servant or agent against all consequences thereof.
8.
Method Of Transport
8.1 If the Customer instructs
Express Transport Australia to use a particular method of
carriage whether by road, rail, sea or air Express
Transport Australia will give priority to the method
designated but if that method cannot conveniently be
adopted by Express Transport Australia the Customer shall
be deemed to authorise Express Transport Australia to
carry or have the Goods carried by another method or
methods.
9.
Route Deviation
9.1
The Customer shall be deemed to
authorise any deviation from the usual route or manner
of carriage of Goods that may in the absolute discretion
of Express Transport Australia be deemed reasonable or
necessary in the circumstances.
10. Charges Earned
10.1 Express Transport
Australia's charges shall be considered earned in the case
of Goods for carriage as soon as the Goods are loaded and
dispatched from the Customer's premises.
11. Demurrage
11.1 The
Customer will be and shall remain responsible to Express
Transport Australia for all its proper charges incurred
for any reason. A charge may be made by Express
Transport Australia in respect of any delay in excess of
thirty (30) minutes in loading or unloading occurring
other than from the default of Express Transport
Australia.
11.2
Such
permissible delay period shall commence upon Express
Transport Australia reporting for loading or unloading.
Labour to load or unload the vehicle shall be the
responsibility and expense of the Customer or Consignee.
12. Dangerous Goods
12.1
Unless
otherwise agreed in advance in writing with Express
Transport Australia the Customer or his authorised agent
shall not tender for carriage or for storage any
explosive, inflammable or otherwise Dangerous Goods. The
Customer shall be liable for and hereby indemnifies
Express Transport Australia for all loss or damage
whatsoever caused by any Dangerous Goods.
13. Consignment Note
13.1 It is agreed that the person
delivering any Goods to Express Transport Australia for
carriage or forwarding is authorised to sign the
consignment note for the Customer.
14. Customers
Responsibility
14.1 The Customer expressly warrants to
Express Transport Australia that the Customer is either
the owner or the authorised agent of the owner of any
Goods or property that is the subject matter of this
contract of cartage and/or storage and by entering into
this contract. the Customer accepts these conditions of
contract for the Consignee as well as for all other
persons on whose behalf the Customer is acting.
15. Delivery
15.1 Express Transport Australia is
authorised to deliver the Goods at the address given to
Express Transport Australia by the Customer for that
purpose and it is expressly agreed that Express
Transport Australia shall be taken to have delivered the
Goods in accordance with this contract if at that
address Express Transport Australia obtains from any
person a receipt or a signed delivery docket for the
Goods.
15.2 Express Transport Australia may
deliver the Goods by separate installments (in
accordance with the agreed delivery schedule). Each
separate installment shall be invoiced and paid for in
accordance with the provisions in this contract.
15.3
Delivery of
the Goods to a third party nominated by the Customer is
deemed to be delivery for the purposes of this
agreement.
15.4
It is the
Customer's sole responsibility to address adequately
each consignment and to provide written delivery
instructions to enable effective delivery.
15.5 The failure of Express Transport
Australia to deliver shall not entitle either party to
treat this contract as repudiated.
16. Loss
Or Damage
16.1 Subject to any statutory provisions
imposing liability in respect of the loss of or damage
to the Goods (including but not limited to chilled,
frozen, refrigerated or perishable Goods)
(a) Express Transport
Australia shall not be under any liability for any damage
to, loss, deterioration, mis-delivery, delay in delivery
or non-delivery of the Goods (whether the Goods are or
have been in the possession of Express Transport
Australia or not) nor for any instructions, advice,
information or service given or provided to any person,
whether in respect of the Goods or any other thing or
matter, nor for any consequential or indirect loss, loss
of market or consequences of delay; and
(b) the
Customer will indemnify Express Transport Australia
against all claims of any kind whatsoever, howsoever
caused or arising brought by any person in connection
with any matter or thing done, said or omitted by
Express Transport Australia in connection with the
Goods.
17. Insurance
17.1 The customer acknowledges that:
(a) the
Goods are carried and stored at the Customer's sole risk
and not at the risk of Express Transport Australia; and
(b) Express
Transport Australia is under no obligation to arrange
insurance of the Goods and it remains the Customer's
responsibility to ensure that the Goods are insured
adequately or at all; and
(c)
under no circumstances will Express
Transport Australia be under any liability with respect
to the arranging of any such insurance and no claim will
be made against Express Transport Australia for failure
to arrange or ensure that the Goods are insured
adequately or at all.
18. The
Commonwealth Trade Practices Act 1974 and Fair Trading
Acts
18.1 Nothing in this agreement is intended
to have the affect of contracting out of any applicable
provisions of the Fair Trading Acts in each of the
States and Territories of Australia, except to the
extent permitted by those Acts where applicable.
18.2 Liability of Express Transport
Australia arising out of any one incident whether or not
there has been any declaration of value of the Goods,
for breach of warranty implied into these terms and
conditions by the Trade Practices Act 1974 or howsoever
arising, is limited to any of the following as
determined by Express Transport Australia;
(a) the
supplying of the Services again; or
(b) the
payment of the cost of having the Services supplied
again; or
(c)
where the Customer is a consumer as
defined in the Trade Practices Act 1974 then the client
shall also be entitled to a refund.
19. Default
& Consequences Of Default
19.1 Interest on overdue invoices shall accrue
from the date when payment becomes due daily until the
date of payment at a rate of 2.5% per calendar month and
such interest shall compound monthly at such a rate
after as well as before any judgment.
19.2 If the Customer defaults in payment of any
invoice when due, the Customer shall indemnify Express
Transport Australia from and against all costs and
disbursements incurred by Express Transport Australia in
pursuing the debt including legal costs on a solicitor
and own client basis and Express Transport Australia's
collection agency costs.
19.3 Without prejudice to any other
remedies Express Transport Australia may have, if at any
time the Customer is in breach of any obligation
(including those relating to payment), Express Transport
Australia may suspend or terminate the supply of
Services to the Customer and any of its other
obligations under the terms and conditions. Express
Transport Australia will not be liable to the Customer
for any loss or damage the Customer suffers because
Express Transport Australia exercised its rights under
this clause.
19.4 If any account remains overdue after
thirty (30) days then an amount of the greater of $20.00
or 10.00% of the amount overdue (up to a maximum of
$200) shall be levied for administration fees which sum
shall become immediately due and payable.
19.5 Without prejudice to Express
Transport Australia's other remedies at law Express
Transport Australia shall be entitled to cancel all or
any part of any order of the Customer which remains
unperformed in addition to and without prejudice to any
other remedies and all amounts owing to Express
Transport Australia shall, whether or not due for
payment, become immediately payable in the event that;
(a) any
money payable to Express Transport Australia becomes
overdue, or in Express Transport Australia's opinion the
Customer will be unable to meet its payments as they
fall due; or
(b) the
Customer becomes insolvent, convenes a meeting with its
creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its
creditors; or
(c)
a receiver, manager, liquidator
(provisional or otherwise] or similar person is
appointed in respect of the Customer or any asset of the
Customer.
20. Unpaid
Express Transport Australia's Rights to Dispose of Goods
20.1 Express Transport Australia shall
have a lien on any Goods (and any documents relating to
those Goods) in the possession or control of Express
Transport Australia for all sums payable by the Customer
to Express Transport Australia, and Express Transport
Australia shall have the right to sell such Goods or
cargo by public auction or private treaty after giving
notice to the Customer. Express Transport Australia
shall be entitled to retain the sums due to it, in
addition to the charges incurred in detention and sale
of such Goods or cargo from the proceeds of sale and
shall render any surplus to the entitled person.
21. Security
And Charge
21.1 Despite anything to the contrary
contained herein or any other rights which Express
Transport Australia may have howsoever:
(a) where
the Customer and/or the Guarantor (if any) is the owner
of land, realty or any other asset capable of being
charged, both the Customer and/or the Guarantor agree to
mortgage and/or charge all of their joint and/or several
interest in the said land, realty or any other asset to
Deliver or Express Transport Australia's nominee to
secure. all amounts and other monetary obligations
payable under the terms and conditions. The Customer
and/or the Guarantor acknowledge and agree that Express
Transport Australia (or Deliver's nominee) shall be
entitled to lodge where appropriate a caveat, which
caveat shall be released once all payments and other
monetary obligations payable hereunder have been met.
(b) should
Express Transport Australia elect to proceed in any
manner in accordance with this clause and/or its sub
clauses, the Customer and/or Guarantor shall indemnify
Express Transport Australia from and against all Express
Transport Australia's costs and disbursements including
legal costs on a solicitor and own client basis.
(c)
the Customer and/or the Guarantor (if
any) agree to irrevocably nominate constitute and
appoint Express Transport Australia or Deliver’s nominee
as the Customer's and/or Guarantor's true and lawful
attorney to perform all necessary acts to give effect to
the provisions of this clause 21.1.
22. Privacy
Act 1988
22.1 The Customer and/or the Guarantor/s
agree for Express Transport Australia to obtain from a
credit reporting agency a credit report containing
personal credit information about the Customer and
Guarantor/s in relation to credit provided by Express
Transport Australia.
22.2 The Customer and/or the Guarantor/s
agree that Express Transport Australia may exchange
information about the Customer and the Guarantor/s with
those credit providers either named as trade referees by
the Customer or named in a consumer credit report issued
by a credit reporting agency for the following purposes:
(a) to
assess an application by Customer; and/or
(b) to
notify other credit providers of a default by the
Customer; and/or
(c)
to exchange information with other
credit providers as to the status of this credit
account, where the Customer is in default with other
credit providers; and/or
(d) to
assess the credit worthiness of Customer and/or
Guarantor/s.
22.3 The Customer consents to Express
Transport Australia being given a consumer credit report
to collect overdue payment on commercial credit (Section
18K(1)(h) Privacy Act 1988).
22.4 The Customer agrees that personal
credit information provided may be used and retained by
Express Transport Australia for the following purposes
and for other purposes as shall be agreed between the
"Customer and Express Transport Australia or required by
law from time to time:
(a) provision
of Services, and/or
(b) marketing
of Services by Express Transport Australia, its agents
or distributors in relation to the Services; and/or
(c)
analysing, verifying and/or checking
the Customer's credit, payment and/or status in relation
to provision of Services; and/or
(d) processing
of any payment instructions, direct debit facilities
and/or credit facilities requested by Customer; and/or
(e) enabling
the daily operation of Customer's account and/or the
collection of amounts outstanding in the Customer's
account in relation to the Services
22.5 Express Transport Australia may give
information about the Customer to a credit reporting
agency for the following purposes
(a) to
obtain a consumer credit report about the Customer;
and/or
(b) allow
the credit reporting agency to create or maintain a
credit information file containing information about the
Customer
23. Cancellation
23.1 Express Transport Australia may
cancel any contract to which these terms and conditions
apply or cancel delivery of Goods at any time before the
Goods are delivered by giving written notice to the
Customer. On giving such notice Express Transport
Australia shall repay to the Customer any sums paid in
respect of the Price. Express Transport Australia shall
not be liable for any loss or damage whatever arising
from such cancellation.
23.2 In the event that the
Customer cancels delivery of Goods the Customer shall be
liable for any loss incurred by Express Transport
Australia (including, but not limited to, any loss of
profits) up to the time of
24. General
24.1 If any provision of these terms and
conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and
enforceability of the remaining provisions shall not be
affected, prejudiced or impaired.
24.2
These terms and
conditions and any contract to which they apply shall be
governed by the laws of Victoria and are subject to the
jurisdiction of the courts of Victoria
24.3
The Customer shall not be entitled to set off against or
deduct from the Price any sums owed or claimed to be
owed to the Customer by Express Transport Australia
24.4
Express Transport Australia reserves the right to review
these terms and conditions at any time. If, following
any such review, there is to be any change to these
terms and conditions, then that change will take effect from the
date on which Express Transport Australia notifies the
Customer of such change.
24.5
Neither party shall be liable for any default due to any
act of God, war, terrorism, strike, lock-out, industrial
action, fire, flood, drought, storm or other event
beyond the reasonable control of either party.
24.6
The terms and conditions set out herein shall prevail
over the terms and conditions set out in any document
used by the Customer, the owner or any other person
having an interest in the Goods and purporting to have a
contractual effect.
24.7
The failure by Express Transport Australia to enforce
any provision of these terms and conditions shall not be
treated as a waiver of that provision, nor shall it
affect Express Transport Australia's right to
subsequently enforce that provision.
Express Transport
Australia Pty Ltd T/A expresstransportaustralia.com.au –
Privacy Policy
"Express Transport
Australia" shall mean Express Transport Australia Pty
Ltd T/A expresstransportaustralia.com.au and its
successors and assigns or any person acting on behalf of
and with the authority of Express Transport Australia
Pty Ltd T/A expresstransportaustralia.com.au
Express Transport
Australia Privacy Policy
Express Transport
Australia is committed to providing you with the best
possible customer service experience. Express Transport
Australia is bound by the Privacy Act 1988 (Crh), which
sets out a number of principles concerning the privacy
of individuals.
Collection Of Your
Personal Information
There are many aspects
of the site, which can be viewed without providing
personal information, however, for access to future
Express Transport Australia customer support features
you are required to submit personally identifiable
information. This may include but not limited to a
unique usemame and password, or provide sensitive
information in the recovery of your lost password.
Sharing Of Your
Personal Information
We may occasionally
hire other companies to provide services on our behalf,
including but not limited to handling customer support
enquiries, processing transactions or customer freight
shipping. Those companies will be permitted to obtain
only the personal information. they need to deliver the
service. Express Transport Australia takes reasonable
steps to ensure that these organisations are bound by
confidentiality and privacy obligations in relation to
the protection of your personal information.
Use Of Your Personal
Information
For each visitor to
reach the site, we expressively collect the following
non-personally identifiable information, including but
not limited to browser type, version and language,
operating system, pages viewed while browsing the Site,
page access times and referring website address. This
collected information is used solely internally for the
purpose of gauging visitor traffic, trends and
delivering personalized content to you while you are at
this Site. From time to time, we may use customer
information for new. unanticipated uses not previously
disclosed in our privacy notice. If our information
practices change at some time in the future we will use
for these new purposes only, data collected from the
time of the policy change forward will adhere to our
updated practices.
Changes To This Privacy
Policy
Express Transport
Australia reserves the right to make amendments to this
Privacy Policy at any time. If you have objections to
the Privacy Policy, you should not access or use the
Site.
Accessing Your Personal
Information
You have a right to
access your personal information, subject to exceptions
allowed by law. If you would like to do so, please let
us know. You may be required to put your request in
writing for security reasons. Express Transport
Australia reserves the right to charge a fee for
searching for, and providing access to, your information
on a per request basis.
Contacting Us
Express
Transport Australia welcomes your comments regarding this
Privacy Policy. If you have any questions about this
Privacy Policy and would like further information, please
contact us by email info@expresstansportaustralia.com.au