Terms and Conditions

Financial Conditions

1. Rates
Rates are calculated from Brisbane GPO (Postcode 4000) to the furthest distance travelled. All prices are exclusive of GST.

2. Additional Charges
$40 + GST per tie-down applies for additional machines or items.

3. Wait Time
Wait time is charged after 30 minutes on site.

4. After Hours / Public Holidays
After-hours and public holiday rates are by quotation. Early loads incur fees of $200, $250, or $350 + GST, depending on the time.

5. Exclusions
Prices exclude tolls, GST, fuel surcharges, permits, and booking fees.

6. Fuel Levy
A fuel levy is applied to recover fuel cost fluctuations. This levy is adjusted in accordance with a set formula and applies automatically to all freight movements.

7. Payment Terms

• Payment in Advance (PIA): 100% payment is required prior to job commencement.

• Due on Receipt (DOR): Full payment is due upon receipt of invoice.

• Net 7 / Net 14: Full payment is due within 7 or 14 days from the invoice date, as agreed.

Non-compliance with payment terms will result in immediate suspension of services. Queensland Carrying Pty Ltd manages all overdue accounts internally.

Fuel Levy Calculation

Base Net Fuel Price: $1.00

Mathematical Description

Fuel Levy = ((CF ÷ 1.1 − CR − BF) ÷ BF × 0.32)

Example Calculation (June 2012)

Fuel Levy = ((1.385 ÷ 1.1 − 0.15043 − 1.00) ÷ 1.00 × 0.32)

Definitions

• CF: Current fuel price (AIP average).

• CR: Current rebate.

• BF: Base fuel price ($1.00).

Calculation Steps

1. Calculate the net price of the current fuel after rebates and GST.
2. Determine the difference between the current net price and the base net price.
3. Divide the difference by the base net price to determine the percentage change from the base.
4. Multiply the percentage change by the fuel factor (32%) to calculate the fuel levy.

We appreciate your understanding and look forward to serving you with quality and sustainable transport services.

Please read the following conditions carefully and in their entirety. You will be bound by these conditions if we carry or store goods for you.

This means:

• You should take out your own insurance cover over the Goods.

• If you are operating a business, the Goods will be at your sole risk and our services are priced on this basis. We will not be liable for any loss of or damage to the Goods, or any other losses you suffer, including damage caused by or contributed to by vibration, regardless of the cause of such loss or damage.

• Acceptance of the terms and conditions below will be taken as implied if we carry or store Goods for you.

1. Definitions

1.1

The meanings of the terms used in these conditions are set out below.

Carriage

The whole of the operations and services undertaken by the Carrier or any Person on behalf of the Carrier in respect of the Goods (whether gratuitously or not), including loading, unloading, or storage of the Goods and the towing of a trailer.

Carrier
QUEENSLAND CARRYING CO. PTY LTD
ACN: 635 884 481
ABN: 36 874 304 532

Including its officers, employees, agents, and subcontractors, trading under its own name or any other business name.

Consequential Loss
Any indirect or consequential loss, including loss of use, loss of product or production, delayed or deferred production, inability to produce or deliver, loss of profit, revenue, anticipated revenue, bargain, contract, expectation or opportunity, and any punitive or exemplary damages, whether foreseeable or not at the time of entering into these conditions.

Consignor The Person who engages the Carrier to provide services of Carriage.

Dangerous Goods Goods that are or may become noxious, dangerous, flammable, damaging, or liable to damage any property whatsoever.

Goods The property accepted by the Carrier from the Consignor for Carriage, including any container or packaging supplied by or on behalf of the Consignor.

Person Includes a corporation, company, partnership, or any other entity.

PPSA Personal Property Securities Act 2009 (Cth).

Subcontractor 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 it.

1.2

Terms used in these conditions have the same meaning as under the PPSA.

1.3

A reference to a statute includes all amendments, consolidations, substituted legislation, and subordinate legislation, including regulations.

2. Negations of Liability as a Common Carrier

The Carrier is not a common carrier and accepts no liability as such.

All Goods are carried and all storage and other services are performed subject only to these conditions. The Carrier reserves the right to refuse the Carriage of Goods for any Person or the Carriage of any class of Goods at its discretion.

3. Consignor’s Warranties

3.1

The Consignor warrants that:

(a) the Goods are fit for Carriage and have been suitably packaged for those purposes;
(b) the Consignor has the authority of all Persons owning or having any interest in the Goods to accept these conditions on their behalf;
(c) all descriptions, items, pallet space, quantity, weight, quality, value, and measurements supplied by the Consignor are correct;
(d) where required by law, a container weight declaration form has been accurately completed and supplied;
(e) there is a suitable practical road and approach for the Carrier and its vehicles to the place from which the Goods are to be removed and the place to which the Goods are to be delivered; and
(f) the Consignor is responsible for the loading and unloading of any Goods that consist of machinery requiring an operator’s licence.

3.2

The Carrier relies on the details of description, items, pallet space, quantity, weight, quality, value, and measurements supplied by the Consignor but does not admit their accuracy.

3.3

The Consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the Goods to any Person other than the Consignor who claims or may claim any interest in the Goods.

4. Right to Subcontract

The Carrier may subcontract the whole or any part of the Carriage on any terms at its discretion.

5. Extension of Exemptions to Subcontractors

5.1

The Consignor agrees that no claim or allegation may be made against any employee, agent, or Subcontractor of the Carrier that imposes or attempts to impose liability arising out of or connected with the Goods or the Carriage, whether arising from negligence or any act or omission. Any such claim must instead be made against the Carrier, and the Consignor indemnifies the Carrier against all consequences of such claims.

5.2

Every exemption, limitation, condition, liberty, defence, and immunity available to the Carrier under these conditions also extends to protect:

(a) all Subcontractors;
(b) every employee or agent of the Carrier or a Subcontractor;
(c) every other Person (other than the Carrier) involved in the Carriage or any part of it; and
(d) all Persons who may be vicariously liable for the acts or omissions of those Persons.

5.3

For the purposes of clause 5.2, the Carrier is or will be deemed to act as agent or trustee on behalf of and for the benefit of all such Persons, and each of those Persons will to this extent be deemed parties to these conditions.

6. Liability of Carrier

6.1

The Consignor acknowledges and agrees that neither the Carrier, nor any employee, agent, Subcontractor of the Carrier, nor any other Person who undertakes the Carriage of the Goods at any time pursuant to these conditions, will in any circumstances (except where a statute otherwise requires) be under any liability whatsoever (whether in contract, tort, or otherwise) for:

(a) any loss of or damage to, deterioration, evaporation, or contamination of the Goods;
(b) misdelivery, delay in delivery, or non-delivery of the Goods or any of them, whether occurring during Carriage or otherwise, including where such loss, damage, deterioration, evaporation, contamination, misdelivery, delay, or non-delivery is caused or alleged to be caused by the negligence of the Carrier, its officers, employees, agents, or Subcontractors.

6.2

The Carrier is entitled to the benefit of the exclusion of liability in clause 6.1 even if it is proven that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

6.3

Nothing done or omitted to be done by the Carrier, whether in breach of contract or otherwise, will constitute a fundamental breach of contract or a repudiation of contract, or have the effect of disentitling the Carrier from relying on or enforcing any rights, defences, exemptions, immunities, or limitations of liability contained in these conditions. All such protections will continue to apply with full force and effect in all circumstances.

6.4

Notwithstanding any other provision of these conditions, the Carrier will not under any circumstances be liable for any claim for Consequential Loss.

6.5

Where clauses 6.1, 6.2, 6.3, or 6.4 cannot legally operate to the extent permitted by law, the Carrier’s liability for breach of any warranty, guarantee, or term implied by law is limited to:

(a) in the case of the supply of Carriage services, the cost of having those services supplied again; or
(b) in the case of the supply of Goods, the lowest of the cost of replacing the Goods, acquiring equivalent Goods, or having the Goods repaired.

7. Route and Deviation

7.1

The Consignor authorises any deviation from the usual route or manner of Carriage of the Goods that the Carrier considers desirable or necessary in the circumstances.

7.2

If the Consignor expressly or impliedly instructs the Carrier to use a particular method of handling or storing the Goods, or a particular method of Carriage, the Carrier will give priority to that method. However, if it cannot conveniently be adopted, the Consignor authorises the Carrier to handle, store, carry, or have the Goods handled by any other method or methods.

8. Delivery

8.1

The Carrier is authorised to deliver the Goods to the address nominated by the Consignor. Delivery will be conclusively presumed to have occurred in accordance with these conditions if, at that address, a receipt or signed delivery docket for the Goods is obtained from any Person.

8.2

If the nominated place of delivery is unattended, or delivery cannot otherwise be effected, the Carrier may, at its option:

• deposit the Goods at that place (which will be conclusively presumed to be due delivery under these conditions); or

• store the Goods.

If the Goods are stored, the Consignor must pay or indemnify the Carrier for all costs and expenses incurred in or about such storage. Where Goods are stored, the Carrier may redeliver them to the Consignor from the place of storage at the Consignor’s expense.

9. General Lien

9.1

The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor on any account whatsoever, whether in respect of the Goods or any other goods for which the Carrier provides or has provided services of Carriage.

9.2

If charges are not paid when due, or the Goods are not collected when required or designated, the Carrier may, without notice and immediately:

(a) remove all or any of the Goods and store them at the Consignor’s risk and expense; and
(b) open and sell all or any of the Goods by private treaty or public auction and apply the proceeds to discharge the lien and costs of sale, without being liable to any Person for any loss or damage caused.

9.3

The parties agree that the lien attaches to the Goods when the Goods are accepted by the Carrier for Carriage.

9.4

The Consignor agrees that the lien arising under these conditions constitutes a security interest.

9.5

If requested by the Carrier, the Consignor must promptly do anything required to ensure that any security interest created or provided for by these conditions is enforceable, perfected (including by registration), maintained, and effective. All such actions will be done at the Consignor’s expense, and the Consignor agrees to reimburse the Carrier for any costs incurred.

9.6

To the extent permitted by the PPSA, the parties agree that:

(a) sections 125, 142, and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Carrier);
(b) any right to receive notice or statements under sections 129, 130, 132, 134, and 135 of the PPSA is waived; and
(c) any right to receive a copy of any verification statement confirming registration of a financing statement or financing change statement is waived.

10. Delay in Loading or Unloading

The Consignor is responsible for all proper charges incurred by the Carrier for any delay in loading or unloading for any reason. Charges may be applied in accordance with the Carrier’s schedule of rates where the delay does not arise from the Carrier’s default. Chargeable delay time commences when the Carrier reports for loading or unloading.

11. Carrier’s Charges

11.1

The Carrier’s charges are deemed fully earned upon receipt of the Goods by the Carrier and are non-refundable in any event. The Consignor agrees to pay all sums due to the Carrier without any deduction, counterclaim, or set-off.

11.2

Any special instruction given by the Consignor stating that charges are to be paid by the Consignee or any third party will be deemed to include a stipulation that if such charges are not paid within seven (7) days of the date of delivery or attempted delivery of the Goods, the Consignor will be liable to pay those charges.

12. Dangerous Goods

12.1

If the Carrier accepts Dangerous Goods for Carriage, those Goods must be accompanied by a full written declaration disclosing their nature.

12.2

The Consignor indemnifies the Carrier against all loss, damage, or injury whatsoever arising out of the Carriage of any Dangerous Goods, whether declared as such or not, and whether or not the Consignor was aware of the nature of the Goods.

12.3

The indemnity in clause 12.2 extends to Consequential Loss.

12.4

If, in the opinion of the Carrier, the Goods are or are likely to become dangerous, flammable, or damaging, the Goods may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Consignor and without prejudice to the Carrier’s right to charge for the Carriage of the Goods.

12.5

The Consignor warrants compliance with all laws and regulations relating to the nature, packaging, labelling, and Carriage of Dangerous Goods, and that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage. The Consignor agrees to indemnify the Carrier for any liability arising from failure to comply with these warranties.

13. Force Majeure

The Carrier will not be liable for any failure or delay in performance of the Carriage where such failure or delay arises, wholly or partly, from any cause beyond the Carrier’s control.

14. Notification of Claim

14.1

Notwithstanding any other provision of these conditions (other than clause 15), the Carrier will be discharged from all liability in respect of the Goods unless written notice of a claim or intended claim, including full particulars, is provided to the Carrier within fourteen (14) days of delivery of the Goods or the date delivery would ordinarily have occurred.

14.2

The Carrier will be discharged from all liability whatsoever unless legal proceedings are commenced within twelve (12) months from the date of delivery or the date on which the Goods should have been delivered.

15. Applicable Legislation

Notwithstanding anything contained in these conditions, the Carrier remains subject to any implied terms, conditions, guarantees, or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any applicable Commonwealth or State legislation, to the extent such terms cannot lawfully be excluded or modified.

16. Entire Agreement

16.1

These conditions constitute the entire agreement between the parties and supersede all prior representations, agreements, statements, and understandings.

16.2

The Carrier will not be bound by any agreement purporting to vary these conditions unless it is in writing and signed on behalf of the Carrier by an authorised officer.

17. General

17.1

These conditions are governed by the laws of Queensland, and the parties submit to the jurisdiction of the courts of Queensland.

17.2

Headings are included for convenience only and do not affect the interpretation of these conditions.

17.3

Words importing the singular include the plural and vice versa, and words importing a gender include all genders.

17.4

Where the Consignor or Consignee comprises two or more Persons, any obligation is binding on those Persons jointly and severally.

17.5

If any part of these conditions is invalid or unenforceable, that part will be read down or severed to the extent necessary, and the remainder will continue in full force and effect.

18. Payment

18.1

Unless otherwise agreed in writing, all payments must be made in full, in cleared funds, prior to delivery of the Goods. Payment must be made by electronic funds transfer to the bank account specified on the invoice, or by any other method accepted by the Carrier from time to time.

18.2

At the Carrier’s sole discretion, a deposit may be required. The amount or percentage of the deposit will be stipulated at the time the agreement is entered into. Where a deposit is required, the Carrier is under no obligation to commence or perform services until the deposit has been received in cleared funds.