Terms & Conditions — AustWIDE Freight

1. Definitions

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, PO Box 1171 Camden, NSW 2570 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;
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.

5.3 AustWIDE Freight has daily deadlines for the placement of orders, depending on the type of service required. 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 to the next suitable service parameter or deadline.

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.

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 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".

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.
Should weekly usage exceed $10,000 per week, trading terms will be 7 days net.

6.4 AustWIDE Freight's charges will be deemed fully earned from commencement of the Services.

All non account holders deliveries must be prepaid via major credit card or bank to bank transfer prior delivery.
Our services are non-refundable. Under no circumstance will any payment for carriage be refunded.
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 or delivery location.

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.

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 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, then all monies owing and outstanding to AustWIDE Freight will become immediately due and payable.

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.

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 charged 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, break-downs of vehicles, plant or machinery, storms, adverse weather, pandemics or epidemics, acts of public authorities, floods and other acts of God.

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.

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. 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.

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.

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.

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, or 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 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).

8.8 In the event of inclement weather or 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.

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.
If credit is denied, delivery charges will need to be prepaid.

10. Subcontracting

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.

11. Restraint

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.

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 be limited to, at AustWIDE Freight's discretion: the repair, replacement or supply of equivalent goods; or 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.

12.5 Any Claim for any loss of or damage to the Goods whilst in AustWIDE Freight's possession or control is, subject to applicable laws (including the ACL), conditional upon the Customer, within 14 days of the due date for delivery, 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.

12.6 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 is limited in aggregate for all Claims to an amount equal to $50.00 maximum for the Services the subject of that contract.

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 the Customer's or the Consignee's use or misuse of the Goods, breach of any warranty, undertaking or representation, damage to any 3rd party tangible property, injury or death to any person caused or contributed to by the Customer or the Consignee, or the recovery of any monies due and payable but unpaid by the Customer.

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 its 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. General

14.1 The Customer has the authority and is authorised to hereby charge all of their right, title and interest in any and all real property in favour of AustWIDE Freight with the obligations of the Customer under these terms and conditions.

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.

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. Force Majeure

16.1 Unless otherwise expressly provided for, neither Party shall be deemed to be in breach of this agreement, 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, fire, earthquakes, embargos, blockades, strikes, riots and/or political disturbances.

16.2 The Party whose performance is prevented or delayed due to a Force Majeure Event shall forthwith notify the other Party in writing of the occurrence of the Force 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.

16.3 In the event of a Force 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.

17. Packaging

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.
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 recognise 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.

We 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

An over-length surcharge of $100 + GST for items larger than 4m will apply.
An over-length surcharge of $150 + GST for items larger than 6m will apply.
An over-length surcharge for items larger than 7m will be negotiated between AustWIDE Freight and the customer.
Usual transit times may not apply for any over-length item.

Terms & Conditions.