Terms and Conditions

1a) These Conditions of Contract shall apply to all contracts in respect of which the Client has requested the Company to arrange for the carriage of Goods or the performance of other work or services on its behalf after 01 November 2004. These Conditions shall also apply to any dealings between the Company and Contractors as defined in clause 2. These Conditions supersede any previously published conditions and take precedence over any conditions that may be printed on consignment notes, worksheets, manifests or other paperwork accompanying any consignments which may be carried from time to time after that date.

1b) The Client acknowledges that the Company acts as agent for every Contractor referred to in these conditions in procuring the Client's business and that the Company has disclosed that fact to the Client prior to the Client entering into any contract

1c) By entering into this contract the Client and the Contractor also accept these Terms and Conditions on behalf of all other persons on whose behalf they are acting.

Definitions and Guarantees

In this agreement

2a) "Client" shall mean the person who requests the Company to arrange for the carriage of goods or for the performance of other work or services on its behalf. By entering into this contract the Client also accepts these terms and conditions on behalf of all other persons on whose behalf the Client is acting and where the Client is an incorporated body the directors of the Client guarantee its performance.

2b) "Contractor" shall mean any person who has appointed the Company as agent to find work on behalf of that person. By entering into this contract the Contractor also accepts these terms and conditions on behalf of all other persons on whose behalf the Contractor is acting and where the Contractor is an incorporated body the directors of the Contractor guarantee its performance.

2c) "Company" shall mean the person who is identified as "Site Operator" on this Website and includes servants, agents and sub-contractors of the Company and in the case of contracts entered into between the Company and a Client includes Contractors introduced to the Client by the Company either as their agent or otherwise. The words Contractor, sub-contractor and agent of the Company shall extend to their servants, agents, spouse, parents, children, any partnerships of which they are a member, any non-public incorporated body of which they are a member, any non-public incorporated body of which they (or their spouse, parents or children) have a direct or indirect interest as shareholders or are directors servants or agents, to the trustee of any trust in which they or their spouse, parents or children have an actual or contingent interest and to the beneficiary of any trust of which they are a trustee.

2d) "Goods" shall mean any goods which the CLIENT has requested to be carried or arranged to be carried

2e) Person shall include any servant or agent or "Associate" of that person within the meaning of section 50 of the Corporations Law (Victoria) 1990.

Interpretation

3a) Unless otherwise specified or unless the context otherwise requires words importing the singular number include the plural and vice versa and words importing the masculine gender include the feminine and neuter genders and vice versa and words importing natural persons include corporations and vice versa.

3b) Bold headings are for guidance only and do not and shall not be deemed to form part of this agreement

3c) Any provision of this agreement which is capable of being interpreted as being void, voidable illegal or unenforceable, shall not be so interpreted if at all possible, and shall otherwise be severed to the minimum extent necessary with the remainder of the agreement remaining in force.

3d) All the rights, immunities and limitations of liability in the above Conditions of Carriage shall continue to have their full force and effect in all circumstances, notwithstanding any breach of contract (including fundamental breach of contract) or any condition thereof by the Company.

3e) This agreement shall be governed by and interpreted and enforced in accordance with the laws applicable in the State of Victoria. This agreement shall be deemed to have been entered into in the State of Victoria

4) The Company is NOT A COMMON CARRIER and will accept no liability as such. All goods are carried by the Company subject only to these conditions and the company reserves the right to refuse to carry any Goods.

Engagement Fee - 12.5% of Annual Charge

5) Where within 18 months of any request by the Client for the Company to arrange for the carriage of Goods or the performance of other work or services on its behalf the Client engages the services of any Contractor introduced to the Client by the Company, the CLIENT AGREES that in consideration of the Company introducing the Contractor it will pay an engagement fee equal to 12.5% of the amount obtained by applying the Company 's local commercial hourly rate at the time of the engagement for the type of work , services or vehicle size provided by the Contractor for 52 forty hour weeks.

Charging Methods, Trading Terms and Contractual Liens

6a) The Company shall calculate its charges to Clients and Contractors in accordance with its rates as amended from time to time. Charges and Quotations to Clients are calculated on the basis of information supplied by the Client as to the nature and quantity of items to be moved and as to any difficulties in gaining access at the pickup or delivery locations, and additional charges will become payable if the information supplied is incorrect, inadequate or inaccurate.

6b) Except as provided in clause 6 (d), the Company hereby assigns it rights and the rights of any persons on behalf of whom it is acting, to collect all charges and payments from Clients, to the Contractor. The Contractor agrees to issue invoices and to collect all such charges and payments directly from Clients.

6c) The Company shall issue the Contractor with invoices for any payments and charges collected by the Contractor on its behalf or on behalf of third parties for cartons, insurances, prepacking and other ancillary goods or services provided by the Company and the Contractor agrees to pay these invoices by the due date that is set out thereon.

6d) The Contractor authorises the Company to issue invoices to pre-authorised credit account Clients on behalf of the Contractor and to credit the Contractor's account with the Company with the Contractor's allowance for jobs so invoiced.

6e) The Contractor agrees with the Company that the Company shall utilise its credit card facilities to process credit card charges on behalf of the Contractor, and to credit the Contractor's account with the Company with the proceeds.

6f) In the case of pre-authorised credit accounts established by a Client or a Contractor the Company shall invoice its charges on 14 day terms (unless otherwise stated) together with any out of pocket expenses, accounting fees and industry surcharges. In all other cases charges are payable prior to completion of unloading for local transport and on pickup for long distance transport. Payment is required in the form of cash, bank cheque select credit cards or non-reversible EFT.

6g) The Company shall have the right to defer or refuse delivery at the Client's expense should it become apparent that the Client is unwilling or unable to pay any due charges in the required form or at the required place or time.

6h) All goods of the Client or Contractor or carried on behalf of the Client or Contractor that are received by the Company shall subject to a general lien for any monies owed by the Client or Contractor to the Company as a result of this agreement or any previous agreement of any nature whatsoever

6i) If any person fails to pay, or indicates any inability or unwillingness to pay the total charges that in the opinion of the Company are due to the Company in respect of any services rendered by the Company under this contract or any previous contract, the Company may retain any COD Monies and may seize and retain and sell all or any of the Goods of that person or carried on behalf of that person which are or come into its possession. If such charges have been outstanding for a period of 28 days, the Company may give 14 days written notice by certified or registered mail to the last known address of the client of intention to sell, and if the amount owing is not paid within that period may SELL ALL OR ANY OF THE GOODS by public auction or by private treaty and out of the monies arising retain charges so payable and all charges and expenses of the detention and sale and shall pay the surplus, if any, to the person entitled to it. Any such sale shall not prejudice or affect charges due or payable in respect of such service or the said detention or sale.

Terms relating to the Carriage of Goods

7a) The Client expressly warrants that the Client is either the owner or the authorised agent of the owner of any Goods or property the subject matter of this contract.

7b) Goods are accepted by the Company on the condition that they comply with the requirements of any applicable law relating to the nature condition and packaging of the Goods, and without limiting the generality hereof: i) that the Client notifies the Company whenever the Dangerous Goods Act 1985 (Vic)
(DGA) applies to any Goods and guarantees that all requirements of the DGA have been met, and ii) that the goods are fully described in writing on all relevant paperwork, including their name and nature, and in the case of goods to which the DGA applies, are accompanied by a consignment note that complies with the Act.

7c) The method, route and time by which the work or services under this contract are performed shall be at the absolute discretion of the Company notwithstanding any directions of the Client to the contrary

7d) The Client shall provide an authorised representative who will be responsible for ensuring that the correct goods are loaded and whether or not such a representative is provided the Client shall pay all additional charges whatsoever resulting from the movement of incorrect goods or non movement of goods that the Client intended to have moved.

7e) If there is no-one in attendance at the place for delivery of the Goods the Company shall be entitled at its discretion to leave the Goods at that place or to return at a later time until delivery is effected, storing the Goods at any convenient place in the meantime, and the Client agrees to pay any additional charges incurred thereby to the Company.

No Liability for Loss or Damage

8a) Save as expressly provided hereunder the Company shall not be liable to the Client for any loss or damage suffered by the Client directly or indirectly caused by:

i) a misdelivery, delay in delivery or non-delivery of
Goods;

ii) the carriage of Goods by a route other than the shortest
or usual route;

iii) any damage loss or destruction to Goods whilst in the
possession of the Company whether in transit (which, without limiting the generality thereof includes any handling, installation, removal, assembly or erection of any kind) or in storage or after they have been delivered or misdelivered;

iv) any failure to collect Cash on Delivery (COD) on behalf of
the Client; and this clause shall apply whether or not any such occurrence was due to any wilful, fraudulent negligent or other act or omission of the Company

8b) For the purpose of clause 8a), "loss or damage" shall include all or any direct or consequential loss or damage to the Client whatsoever and howsoever arising and without limiting the generality of the foregoing includes loss of profits, liabilities of the Client to third parties (whether actual or contingent) the cost of repair or replacement of Goods and the cost of collecting and redelivering Goods.

8c) The reference in clause 8a) to damage or to loss and destruction of goods shall include damage loss or destruction caused by: i) fire, overturning, collision or other road or rail accident involving the conveying vehicle, ii) theft, or iii) mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever

8d) The Client and the Contractor INDEMNIFY the Company against any action claim suit fine or demand brought by any third party, the Client or the Contractor against the Company as a result of or in connection with any of the events listed in this clause or clause 7 OR, as a result of a breach by the Client or the Contractor of any term of this contract; and this indemnity shall extend to the solicitor client costs of the Company in defending any action and in enforcing this indemnity.

8e) For the purpose of this clause and clause 7 the Company enters into this agreement both in its own right and as agent and trustee for any Contractor, sub-contractor servant or agent of the Company and the exclusions from liability and the indemnities contained in these clauses shall extend to and endure for their benefit PROVIDED THAT this clause shall not be construed as imposing or implying any additional liability on those persons to any person for any reason.

Trade Practices Act

9) Nothing herein shall be construed as having the effect of in any way excluding, restricting or modifying any warranty express or implied by virtue of the provisions of the Trade Practices Act (1974 as amended), but otherwise all warranties and conditions to the maximum extent allowed by law are hereby negated and excluded.

Insurance

10a) The company offers no insurance against damage.

10b) The company provides a blanket cover against the perils of Fire, Overturn and Collision. Cover for accidental damage is neither offered nor implied.