THE TERMS OF TRANSPORT CONTRACT
1.1 Carrier means Freight Online Pty Ltd ABN 50 131 492 576 (Freight Online), all related companies to Freight Online, and subcontracted by Freight Online, and all persons engaged or employed by Freight Online to provide transportation services.
1.2 Customer means the person with whom the Contract is made and includes Cash Customers, Pre Paid Customers, PAYG customers, Invoice Direct Debit Customers and Invoiced Account 7 Days Customers.
1.3 Cash Customer means a customer who pays for the Services with a credit card upon requesting the Services.
1.4 Invoiced Account 7 Days Customer means a customer who is issued with a Tax Invoice for the Services by the Carrier.
1.5 Pay As You Go Customer means a customer who has an account with the Carrier and pays for the Services with a credit card upon requesting the Services.
1.6 Pre Paid Customer means a customer who has a pre-paid account with the Carrier. Upon requesting the Services, their account is debited. Once the account falls below $20 in credit, it is automatically recharged.
1.4 Invoiced Direct Debit Customer means a customer who provides a credit amount into their account with the Carrier. (7 days after the Carrier sends them a Tax Invoice for the Services, their account or nominated credit card is debited). Services are restricted once the credit amount is reached.
1.3 Goods means the items accepted from the Customer, together with any containers, packaging or pallets supplied by or on behalf of the Customer.
1.4 Services means all the services provided by the Carrier in connection with the Goods including, but not limited to the carriage, transportation and storage of the Goods.
2. The Terms of Transport Contract
2.1 This Contract is between the Customer and the Carrier.
2.2 This Contract states the terms on which the Carrier will supply the Services to the Customer.
2.3 The Carrier is not a common carrier and reserves the right to refuse to supply the Services.
2.4 The Carrier may subcontract all or part of the Services on any terms. The Customer agrees to be bound by the terms of any person who is subcontracted by the Carrier to perform the Services.
2.5 The terms of this Contract cannot be waived or varied except by written agreement between the parties.
3. Payment for Services
3.1 The Carrier charges according to the higher of declared, actual or volumetric weight.
The Carrier applies specific cubic conversion ratios depending on the Services. The Customer is to make its own enquires regarding the specific cubic conversion ratios applicable to the Services.
3.2 In addition to freight, the Customer will be charged for any additional expenses incurred by the Carrier as a result of any incorrect declaration by the Customer as to weight, dimensions, description or packaging of the Goods, and/or pick up or destination of the Goods plus a management fee of $20.
3.3 The Customer agrees that the Carrier may inspect and open Goods at any time at its absolute discretion.
3.4 Futile charges may apply for cancelled pickups or items not ready for collection at the time stated by the Customer at the time of booking.
3.5 In cases of cancellation, a refund will be issued, less the futile charge.
3.6 Refunds due to Services failures will be assessed on a case by case basis.
3.7 The Carrier will charge the Customer for any customs duties, GST levies, customs fees, Australian Government Trade-gate fees, Australian Government charges, disbursement fees, storage charges, any Government duties or taxes, or any other expense charges in relation to the Goods. Re-delivery and re-direction charges relating to any Services may apply and be on forwarded to the Customer. The Customer agrees that it must pay these charges.
3.8 The Customer accepts that it will be charged a disbursement fee for all government charges/duties/taxes charged in connection with the Services.
4. Customer’s Warranties
4.1 The Customer warrants that:
(a) it is the owner of the Goods or has the owner’s authority to request the Services
subject to the terms of this Contract;
(b) it has complied with any applicable law in relation to the Goods to ensure that the Services can be performed lawfully;
(c) the Goods are accurately described;
(d) it will pay for the Services including all applicable charges, notwithstanding any dispute it may have with the Carrier;
(e) it indemnifies the Carrier for any loss or damage arising as a result of the Customer’s breach of the this Contract.
5.1 The Carrier may at its sole discretion make insurance cover available for the transport of certain classes of Goods and by certain modes of transport, subject to the terms and conditions applicable to any insurance cover.
5.2 It is the Customer’s sole responsibility to take out any insurance cover made available by the Carrier.
5.3 Where no insurance cover is made available by the Carrier, it is the Customer’s sole responsibility to arrange appropriate insurance cover for the Goods in light of the Services provided by the Carrier pursuant to the terms of this Contract.
6.1 The Carrier may claim a general or particular lien over the Goods, and any documents relating to them for outstanding payments relating to the Services provided by the Carrier.
6.2 The Carrier may sell any Goods held by it for outstanding payments by public auction or private sale without notice to the Customer.
7.1 The Services are provided at the Customer’s risk. The Customer bears all risk of loss or damage arising in connection with the Goods at all times under this Contract.
7.2 The Carrier is not liable for any delay, loss or damage arising from the supply or failure to supply the Services, including but not limited to the deterioration, loss, incorrect delivery or failure to deliver the Goods.
7.3 Clause 7.1 and 7.2 also apply in respect to claims for any loss or damage including without limitation indirect, incidental, special or consequential damage and damage for loss of profits caused to the Customer under this Contract.
7.4 These terms shall be read subject to the Competition and Consumer Act 2010 and to the consumer guarantees imposed by the Act in so far as such may be applicable and prevents either expressly or impliedly the exclusion or modification of any such consumer guarantees.
7.5 Where the Carrier has a liability under the Competition and Consumer Act 2010, its liability shall be limited to supplying the Services again or payment of the cost of having the Services supplied again.
8.1 All disputes are to be handled in Sydney. The Carrier shall be entitled to recover all reasonable legal costs incurred in relation to any dispute.
9. Governing Law
9.1 This contract is governed by the laws of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.