Please read all of the following conditions carefully. You will be bound by these conditions if we carry the goods for you. Please note that:
- You must take out your own insurance cover over the goods.
- If both you and the freight company are each operating a business:
- The Goods will be at your sole risk and our services are priced on this basis; and
- We will not be liable for any loss of or damage to the Goods, or other losses you suffer, regardless of the cause of that loss or damage.
1. DEFINITIONS AND INTERPRETATION
1.1 In these conditions:
Additional Charges include fuel surcharges, account keeping fees, minimum pickup fees, provisions of proofs of delivery, futile delivery charges, manual handling charges, redelivery and remote delivery fees, overlength, tailgate and Dangerous Goods surcharges,pickups outside ordinary business hours, residential deliveries, manual consignment note charges and handload charges as published on the Carrier’s website from time to time, or otherwise notified in writing to the Consignor.
Associated Entity means any associated entity of the Carrier in accordance with the meaning given to that term in the Corporations Act 2001 (Cth). Authority includes any legal or administrative authority exercising any jurisdiction within an Australian state or territory.
Carriage includes any operations or services undertaken by or on behalf of the Carrier (whether gratuitously or not), in any way connected with Goods including loading, unloading, packing, unpacking, handling, transporting and storage of Goods, completing documents and the provision of any advice.
Carrier means Excello Transportation (ACN ).
Chain of Responsibility Law means those laws contained within the Heavy Vehicle National Law (NSW) and equivalent acts/regulations in other States/Territories.
Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of Carriage and whether or not foreseeable at the time of entering into any agreement incorporating these conditions.
Consignor means the person whose name appears in the table at the end of this document.
Container includes any container, trailer, wagon, transportable tank, pallet, flat rack or any other unit or device used to consolidate Goods.
Crane includes any machine used for lifting Goods, including a sideloader.
Damage means physical damage and includes but not limited to deterioration, evaporation and contamination.
Dangerous Goods means Goods that are or may become noxious, dangerous, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to harm any property whatsoever.
Enforcement Costs means any fees, costs and expenses, including legal expenses on an indemnity basis, incurred by the Carrier in connection with any default under or enforcement or attempted enforcement of these conditions.
Force Majeure means acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, explosions, nuclear accidents, strikes, labour disputes and other industrial disturbances, any border closure or road closure or congestion of roads, pandemics, epidemics, any quarantine or customs restriction, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, Crane, machinery or equipment.
Goods means the property accepted by the Carrier from, or at the request of, the Consignor for the provision of Carriage and includes any Container or packaging supplied by or on behalf of the Consignor.
Interest means an amount calculated on any Outstanding Amount at the rate of 1.5% per calendar month, compounded annually
1.1 Law includes:
(a) principles of law or equity established by binding court decisions, and
(b) applicable statutes, regulations, proclamations, orders, bylaws, requirements and approvals.
Outstanding Amount means any amount which remains unpaid upon the expiry of the credit terms extended by the Carrier or for which the Consignor is otherwise liable, pursuant to these conditions, to the Carrier.
PPSA means Personal Property Securities Act 2009 (Cth).
Subcontractor includes any person who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of the Carriage.
In these conditions:
(a) a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
(b) headings are included for convenience only and do not affect the interpretation of these conditions;
(c) words importing the singular include the plural and vice versa and words importing a gender include other genders;
(d) where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) wherever ‘include’ or any form of that word is used, it will be construed as if it were followed by ‘(without being limited to)’;
(f) terms used have the same meaning as under the PPSA; and
(g) all indemnities survive the termination or expiration of any agreement incorporating these conditions.
2. NEGATION OF LIABILITY AS A COMMON CARRIER
The Carrier is not a common carrier and will accept no liability as such. All Goods are carried and all Carriage is performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse, in its discretion, to provide Carriage in respect of any goods.
3. CARRIER’S OBLIGATIONS
The Carrier will: (a) take reasonable care to protect and safeguard the Goods; (b) provide the Carriage exercising the degree of skill, care and efficiency that would be expected from a competent provider of Carriage; (c) at its own expense, hold all licences as may be required by Law in connection with the Carriage; (d) use reasonable endeavours to deliver the Goods to the address nominated by the Consignor and to effect delivery at the date and time requested by the Consignor (subject to compliance with all Law, including Chain of Responsibility Law); and (e) use reasonable endeavours to comply with the Consignor’s reasonable and lawful directions. 3. C
4. ASSOCIATED ENTITIES
The Consignor acknowledges and agrees that the Carrier enters into any agreement incorporating these conditions for the benefit of itself and for any Associated Entity and that each Associated Entity is entitled to all rights and privileges under these conditions as if each reference to the Carrier were to the relevant Associated Entity. The Consignor acknowledges and agrees that: (a) the Carrier holds the benefit of the rights and privileges under these conditions on trust for its own benefit and for the benefit of each Associated Entity, and the Carrier may enforce these conditions on behalf of any Associated Entity; and (b) any breach of these conditions, or any negligence or other actionable acts or omissions by the Consignor may result in Associated Entities suffering loss or damage. The Carrier is entitled to recover from the Consignor any loss or damage suffered or incurred by an Associated Entity in connection with the provision of Carriage by the Carrier or any Associated Entity to the same extent that the Associated Entity would have been entitled to, if the Associated Entity had been a party to any agreement incorporating these conditions and all indemnities in these conditions will apply for the benefit of each Associated Entity