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Standard Terms & Conditions

Aceit Transport Solutions Pty Ltd
STANDARD TERMS & CONDITIONS

1. DEFINITIONS

‘Aceit’ or ‘we’ means Aceit Transport Solutions Pty Ltd, ABN 52 799 428 981 and its employees, agents and Sub-Contractors. ‘You’ and ‘Your’ and ‘Yours’ means the Customer identified in Aceit’s “Account Application”

‘Contract” means all contracts entered into between Aceit and You ‘Carrier’ means Aceit Transport Solutions Pty Ltd, ABN 52 799 428 981. ‘’Customer’ means the Customer identified in Aceit’s “Account Application” or their authorised agent. Sub-Contractor' means and includes:

  1. (a) any subsidiary (as defined in the Corporations Act 2001 (Cth)) of Aceit; and

  2. (b) any other person, firm or company with whom Aceit may arrange for the carriage, handling or storage of any Goods of Yours.

‘Further Sub-Contractor’ means and includes any person, firm or company with whom a Sub-Contractor may arrange for the carriage, handling or storage of any Goods of Yours. 'Services' means the provision of the operations and services undertaken by Aceit or anyone on Aceit's behalf and/or on behalf of a Further Sub- Contractor in connection with Goods including but not limited to the carriage, handling or storage of Goods.

'Goods' means the cargo accepted by Aceit and/or a Further Sub- Contractor from the Customer, together with associated paperwork.

2. ENTIRE CONTRACT

2.1 These Terms and Conditions cancel and are in substitution for all or any previous Terms and Conditions and are subject to change by Aceit in its sole discretion and these Terms and Conditions do not constitute an offer to sell or to supply any services to You. Subject to clauses 2.2 and 3 hereof these conditions including any Terms and Conditions on the face hereof and within Aceit's 'Account Application' contain the complete and final agreement between Aceit and You and:

2.1.1 no other agreement in any way modifying any of the said Terms and Conditions will be binding upon Aceit unless made in writing and signed by Aceit's authorised representative; and 2.1.2except as agreed in writing and signed by Aceit's authorised representative, no other conditions (including but not limited to Terms and Conditions that may appear on any document issued by or provided to Aceit by a Customer) will be binding on Aceit.

2.2 The Customer will inform Aceit promptly in writing of any changes to the details provided in Aceit's 'Account Application' (and/or any other application of the Customer for credit) and hereby indemnifies Aceit for any loss or damage associated with the failure of the Customer to inform Aceit of such changes.

3. QUOTATIONS

Quotations are to be treated as estimates only and subject to withdrawal, correction or alteration at any time before acceptance of Your order by Aceit, unless stated otherwise.

4. PRICE

4.1 The price charged shall be Aceit's price ruling at the date the Services are supplied unless otherwise agreed in writing. This includes minimum service fees charged by Aceit. 4.2 Any price indications or price lists are subject to alteration to Aceit's price ruling at the date Services are supplied.

4.3 Words and expressions used in this clause 4.3 which have a defined meaning in the A New Tax System (Goods and Services Tax Act) have the same meaning in this clause as in that Act. All pricing does not include GST. If GST is payable GST will be charged at the rate current at the time the Services are supplied.

4.4 The Customer acknowledges that loss or damage are insurable risks and that obtaining insurance cover in relation to the Goods and/or Services is the responsibility of the Customer and if the Customer fails or chooses not to do so that is at the Customer’s risk. The Customer is responsible to effect and meet the cost of any insurance cover in relation to the Goods and/or Services that the Customer deems necessary.

4.7 Aceit's charges shall be considered fully earned and due and payable as soon as the Goods are loaded and despatched and they are payable and non-refundable in any event and irrespective of whether the Goods are delivered or not, and whether damaged or not, based on the tax invoice issued by Aceit and in accordance with the trading terms agreed with Aceit. The Customer shall pay to Aceit all sums for the Services immediately when due without deduction or deferment on account of any claim, counterclaim or set-off. Aceit will not refund any payment for fuel levy, nor any other levy and/or charge, under any circumstances.

4.9 If, on demand, the Customer fails to pay any charge due to Aceit in respect of any Services rendered by Aceit, Aceit shall have a general and a particular lien over the Goods and/or any other item(s) the property of the Customer in Aceit's possession in respect of all unpaid charges and other monies due to Aceit whether pursuant to the terms hereof or otherwise and whether such Goods have at any time left the possession of Aceit. 4.10 For the purposes of the lien referred to in clause 4.9 above, Aceit may detain and sell by public auction or private treaty without notice to the Customer all or any of the Customer’s Goods which are in Aceit's possession and out of the proceeds of sale retain the charges or other monies payable and all expenses and charges of the detention and sale, and shall render the surplus, if any, of the proceeds of sale and such of the Goods as remain unsold to the person entitled thereto.

4.11 Due to the continuing fuel price fluctuations a fuel levy is charged to all accounts based on the Road Freight Cost indices which levy is reviewed on a monthly basis while uncertainty exists and any variations, adversely or favourable will be adjusted on each Invoice/Statement showing a one-month lag in its application.

4.12 You undertake that no claim or allegation shall be made against Aceit, any Sub-Contractor whom the carriage or storage or any part of it was performed or undertaken, but if a claim or allegation is nonetheless made, you absolutely without exception agree to free, release, hold harmless, indemnify and keep indemnified Aceit against each and every consequence thereof.

5. PAYMENT TERMS

5.1 If Aceit shall extend credit to You, payment for the services supplied is to be in full by the DUE DATE as shown on the tax invoice issued by Aceit, unless otherwise agreed in writing. 5.2 If payment is not received in full of all charges by the Due Date, which appears on each tax invoice issued by Aceit, then the unpaid balance of those charges will be designated as Overdue in the next and subsequent tax invoice issued by Aceit, until payment has been made in full. Invoices for Services may be delivered in person, sent by post, facsimile or email at the frequency determined by Aceit. The Customer agrees that evidence of the despatch by Aceit of an email is prima facie evidence of the receipt of the email by the Customer and unless the contrary is proved by the Customer the time of receipt will be deemed to be 20 seconds after the time of the dispatch of the email.

5.3 Overdue Account Service Fees will apply each month, until payment is received in full in the amount as published by Aceit from time to time in its standard charges. On every tax invoice overdue to Aceit, Aceit shall be entitled to charge interest calculated at 2% per month calculated from the time any tax invoice issued by Aceit became overdue. The Customer acknowledges that such an interest charge is not a penalty but is a true measure of damages incurred by Aceit. The Customer agrees that they will pay all costs, expenses and charges incurred by Aceit due to any breach of these Terms and Conditions and/or any overdue tax invoice issued by Aceit and all costs, expenses and charges associated with the recovery of any overdue or other amounts incurred by Aceit including but not limited to any mercantile agent's costs, legal costs and disbursements on an indemnity basis.

5.5 Within 7 days of Your written request Aceit will provide an additional tax invoice issued by Aceit to You at a cost of $2.00 per page 5.6 If a cheque is tendered in payment and is not honoured, then You agrees to pay, the amount not recovered upon such cheque together with all costs, expenses and charges incurred by Aceit including but not limited to any mercantile agent's costs, legal costs and disbursements on an indemnity basis in respect of any such cheque.

5.7 Aceit reserves the right to amend or withdraw credit terms, cancel any discounted rates, apply or vary a credit limit at any time and at the absolute discretion of Aceit, whereupon all outstanding amounts shall become immediately due and payable to Aceit.

6. NOT A COMMON CARRIER

6.1 Aceit is not a common Carrier and will accept no liability as such. 6.2 Aceit reserves the right to refuse to handle, transport or store Goods for any reason whatsoever and at Aceit’s sole discretion. 6.3 Aceit may arrange with a Sub-Contractor for the carriage or storage of any Goods subject to this agreement. 6.4 You undertake that no claim or allegation shall be made against Aceit, any Sub-Contractor whom the carriage or storage or any part of the Goods was performed or undertaken, but if a claim or allegation is nonetheless made, You absolutely without exception agree to free, release, hold harmless, indemnify and keep indemnifies Aceit against each and every consequence thereof.

7.SUB-CONTRACTORS

7.1 Aceit is hereby authorised to subcontract with a Sub-Contractor the whole or any part of the Services subject to this agreement. 7.2 A Sub-Contractor is hereby authorised to Sub-Contract with a Further Sub-Contractor the whole or any part of the Services subject to this agreement.

7.3 Any clause herein excluding or limiting the liability of Aceit or providing any right or exemption from liability to Aceit shall also be available and shall extend to protect all Sub-Contractors and Further Sub-Contractors and every employee or agent of Aceit and of any Sub-Contractor and/or Further Sub-Contractor. For the purposes of this clause Aceit is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this agreement.

7.4 You undertake that no claim or allegation shall be made against Aceit, any Sub-Contractor, any Further Sub-Contractor or any employee or agent of Aceit and of any Sub-Contractor and/or Further Sub-Contractor whom performed or undertook any part of the Services which imposes or attempt to impose upon any of them any liability whatsoever in connection with the Goods or Services under this agreement, but if such a claim or allegation is nonetheless made, You absolutely without exception agree to free, release, hold harmless, indemnify and keep indemnified Aceit against each and every consequence thereof.

8. PERFORMANCE OF SERVICE

8.1The method(s) of undertaking the Services shall be at the sole discretion of Aceit and the Customer hereby authorises Aceit to adopt any method(s) other than any method which may have been instructed or agreed.

8.2The Customer authorises any deviation from the usual route of carriage.

9. NO CARRIER’S LIABILITY AND NO WARRANTIES

9.1 Your Goods are in all things at Your risk and not Aceit’s.

9.2 Subject to clause 12 below, Aceit will make all reasonable efforts to have any Goods delivered at the address nominated to Aceit by You on the date agreed between You and Aceit as the Delivery Date. Aceit shall be under no liability whatsoever should delivery not be made on the date specified.

9.3 Aceit shall not be responsible in negligence, tort, Contract (including a fundamental breach of contract) or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery, failure to deliver, delay in delivery of the Goods, failure to store, incorrect or defective storage of the Goods including without limiting the foregoing chilled, frozen, refrigerated or perishable Goods by negligent, reckless or wilful acts or defaults of Aceit and/or any Sub-Contractor and/or any Further Sub-Contractor or any employee or agent of Aceit, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise, whether or not any of the above occurs in the course of the performance or purported performance by Aceit and/or any Sub-Contractor and/or any Further Sub-Contractor or any employee or agent of any of them of the Contract and/or is outside the authorised scope of Aceit's (and/or Aceit’s Sub-Contractor’s, employee’s or agent’s and/or a Further Sub-Contractor’s) activities under the Contract and whether or not the acts or defaults are in the contemplation of Aceit and/or You and whether or not such acts or defaults are foreseeable by all, some or any of them.

9.4 The exclusion of liability in clause 9.3 shall include not only loss of or damage to or the deterioration of Goods but also any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury to any person, property or thing during or resulting from the performance or purported performance of or want of performance or breach of the Contract in consequence of the Services under the Contract howsoever caused including but not limited to any negligence, recklessness or wilfulness of Aceit and/or any Sub-Contractor and/or any employee or agent of Aceit and/or any Further Sub-Contractor, and including but not limited to loss of income, profits, markets, Customers, use, opportunity, reputation or goodwill.

9.5 Notwithstanding any other provision in these Terms & Conditions, but subject always to clauses 9.3 and 9.4, if any liability whatsoever, howsoever arising, is found to attach to Aceit and/or any Sub-Contractor and/or any employee or agent of Aceit and/or any Further Sub-Contractor, Aceit's liability shall be limited in the case of Services supplied under the Contract to the lesser of:

9.5.1 supplying the Services again; 9.5.2 payment of the cost of supplying the Services again; or 9.5.3 the amount of AUD$100.00.

9.6 All the rights, immunities, benefits and limitations of liability granted to Aceit by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or any of the conditions hereof by Aceit.

9.7 Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to Aceit or to which Aceit is entitled hereunder shall also be available and shall extend to protect: -

(a) all Sub-Contractors; (b) every servant or agent of Aceit or of a Sub-Contractor; (c) every other person by whom the carriage or any part thereof is

performed or undertaken; (d) all persons who are or might be vicariously liable for the acts or

omissions of persons falling within (a) to (c) inclusive and for the purposes of this clause Aceit is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them shall to this extent be or be deemed parties to the Contract.

10. NOTICE OF LOSS AND TIME BAR

10.1 Any claim for loss or damage to the Goods or relating to the provision of the Services under the Contract must be notified in writing to Aceit within 7 days of delivery of the Goods or the date by which the Goods should have been delivered, whichever is the earlier. Should Aceit not receive any such notice in writing Aceit shall be forever discharged from any and all liability to any person (including the Customer) in respect of the Goods and/or the Services. In any event, Aceit shall be discharged from any and all liability whatsoever unless a claim is brought within 6 months of the provision of the Services, delivery of the Goods or when the Services should have been provided or the Goods should have been delivered, whichever is the earlier.

11. YOUR STATUTORY RIGHTS

These Terms and Conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon you or the liabilities imposed upon Aceit, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.

12. HANDLING OF GOODS AND DELIVERIES

12.1 You hereby authorise Aceit to: (a) handle, carry or store the Goods or cause the same to be handled, carried or stored by any method, and (b) carry or cause to be carried the goods by any route in the absolute discretion of Aceit and Aceit shall be entitled to ignore any instructions in relation thereto.

12.2 Aceit and a Further Sub-Contractor are authorised to deliver the Goods at the address (or, if applicable, to the person(s) – hereinafter referred to as "Receiver" – nominated to Aceit by You for that purpose) and Aceit and/or a Further Sub-Contractor shall not be bound to deliver the Goods except to that address (or, if applicable, to a Receiver authorised in writing by You to receive the Goods) or to effect delivery in such other manner as specified by You including an 'authority to leave'.

12.3 If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected by Aceit and/or a Further Sub-Contractor for any reason (including but not limited to failure on the part of a Receiver to take delivery within a reasonable time), Aceit and/or a Further Sub- Contractor may at Aceit's option and/or a Further Sub-Contractor’s option and at Your risk and in such manner as Aceit and/or a Further Sub- Contractor in its discretion determine leave the Goods at the address (or, if applicable, with the Receiver) nominated to Aceit by You for that purpose (which shall be conclusively presumed to be due delivery hereunder), or store the Goods and if the Goods are stored by Aceit and/or a Further Sub-Contractor You shall pay or indemnify Aceit for all costs and expenses incurred in consequence of such storage. In the event that the Goods are stored by Aceit and/or a Further Sub-Contractor, Aceit and/or a Further Sub-Contractor shall be at liberty to re-deliver them to You or the Receiver at Aceit's and/or a Further Sub-Contractor’s discretion from the place of storage at Your cost at Aceit's then applicable rates of carriage and storage.

12.4 Unless otherwise agreed by Aceit, you will be deemed to have given Aceit and/or a Further Sub-Contractor 'authority to leave'. Where the Goods are deemed or expressed to be on an ‘authority to leave' basis, if a Receiver is in attendance Aceit and/or a Further Sub-Contractor will attempt to obtain a signature. If a Receiver is not available, then Aceit and/or a Further Sub-Contractor will leave the Goods in a place Aceit and/or a Further Sub-Contractor deems, in its discretion acting reasonably, to be safe to do so. If Aceit and/or a Further Sub-Contractor deems it unsafe to leave the Goods they will be re-directed to a place Aceit and/or a Further Sub-Contractor deems for pickup by You. No re-delivery will be made without You incurring further charges. You accept the risk of the Goods being left in circumstances where You have not exercised Your ability to specify a signature on delivery.

12.5 Where You have specified a manner of delivery other than 'authority to leave' and without prejudice to the foregoing it is expressly agreed that Aceit and/or a Further Sub-Contractor shall be deemed to have delivered the Goods and in accordance with the Contract if Aceit and/or a Further Sub-Contractor obtains from a Receiver or any other person present at the address nominated to Aceit by You for delivery of the Goods a signature or a receipt in relation to the Goods, which shall be binding on You provided that under no circumstance shall Aceit, nor a Further Sub-Contractor, be required to provide proof of delivery.

12.6 Aceit shall not be liable for any failure or delay in delivering the Goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Aceit and/or a Further Sub-Contractor including but not limited to war, strike, lockout, industrial dispute or arrest, government restriction or intervention, transport delay, fire, act of God, breakdown of any mechanical equipment including any vehicle, shortage of supplies or labour, storm, theft, vandalism, riot, civil commotion or accident of any kind.

13. AUTHORITY

13.1 The Person delivering any goods to Aceit of carriage or storage is authorised to sign the consignment note for You.

13.2 You warrant to Aceit that you are either the owner of the Goods and/or the authorised agent of the person(s) owning or having any interest in the Goods and You enter into the Contract on Your own behalf and/or as authorised agent of that person or persons.

14. YOUR WARRANTIES

14.1 You warrant to Aceit that: 14.1.1 You have complied with all applicable laws and regulations in

relation to the nature, condition, carriage and packaging of the Goods (including but not limited to the Australian Code for the Transport of Dangerous Goods by Road and Rail) about the notification, classification, description, labelling, transport and packaging of the Goods and that the Goods are packaged in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage and without limitation thereof that all applicable duties excises taxes or costs in relation thereto have been fully paid;

14.1.2 You have fully, adequately and accurately described the Goods on the consignment note; and

14.1.3 any consignment of Goods does not contain any explosive, volatile spirits, cargo of a dangerous inflammable nature, offensive material or cargo which would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth of Australia due to its nature, packaging or labelling.

15. SECURITY FOR PERFORMANCE OF THE CONTRACT

15.1 Personal Property Securities Act 2009 (Cth) ("PPSA") If Aceit determines that the Contract (or a transaction in connection with the Contract) is or creates a security interest for the purposes of the PPSA, the Customer agrees to do all things which Aceit considers necessary for the purposes of registering Aceit's security interest, including but not limited to providing consents, signing and producing documents, and/or supplying information to Aceit or another entity as directed by Aceit.

15.2 Bank guarantee – The Customer may be required to provide to Aceit at any time subsequent to submitting Aceit's 'Account Application' and during the term of the Contract, a bank guarantee in a form acceptable to Aceit, to secure the Customer's performance of the Contract.

15.3 Other forms of security – At any time subsequent to submitting Aceit's 'Account Application' and during the term of the Contract, Aceit may require the Customer to provide other security for performance of the Contract. For example, if the Customer is a company, a guarantee in a form acceptable to Aceit may be required from each director or shareholder of that Customer or any other person including the spouse or a relative of that director or shareholder or from any associated or related entity of that Customer.

16. DANGEROUS GOODS

16.1 Neither the Customer, nor the Customer’s authorised agent, shall tender for carriage any goods which in Aceit's and/or a Further Sub- Contractor’s opinion are or may be explosive, flammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing the Customer shall be liable for all loss and damage caused thereby.

16.2 Aceit and/or a Further Sub-Contractor may at any time cause any dangerous Goods or any Goods which Aceit and/or a Further Sub- Contractor believes in its opinion are liable or may be liable to become dangerous Goods to be destroyed, disposed of, abandoned or rendered harmless by Aceit and/or a Further Sub-Contractor without compensation to the Customer and without prejudicing Aceit's right to any charges payable by the Customer to Aceit.

17. BREACH OF CONTRACT

You acknowledge that Sub-Contractors of Aceit are contractually bound to Aceit including a covenant not to undertake carrier work for customers of Aceit except in accordance with the terms of that contract during the term of the contract and for a period of six (6) months after termination of that contract and you will not directly or indirectly induce any Sub-Contractor to breach its contract with Aceit.

18. DEFAULT

On happening of any one or more of the following events, namely:

18.1 You fail to make payment to Aceit on the due date;

18.2 an Administrator or Liquidator is appointed over all or any of Your assets or a scheme of arrangements is proposed or approved with respect to You or a mortgagee enters into possession of any of Your assets;

18.3 an application is made for the winding up of You;

18.4 any event occurs which would confer upon any person or entity the right to institute proceedings for the winding-up of You, or You appoint an administrator as defined in the Corporations Act;

18.5 in the case of You being a natural person, You commit an act of bankruptcy;

18.6 in the case of You being a partnership, sub-paragraph 14.4 and/or 18.5 applies to any of the partners; then Aceit may at its option exercise all or any of the following rights (notwithstanding any prior failure to exercise such rights):

(i) demand payment of the whole of the monies owing from You to Aceit and You agree to pay the same immediately;

(ii) You shall pay to Aceit interest on such amount outstanding at a rate of 2% per month and any costs with respect to solicitors, legal advisors, mercantile agents and other agents acting on Aceit’s behalf in respect of any enforcement hereof or recovery or attempted recovery of the monies owing by You to Aceit.

19. FUTURE DEALING

Unless otherwise agreed to in writing by Aceit and notwithstanding any

terms appearing in documentation provided by or on Your behalf these Terms and Conditions shall be incorporated as express Terms and Conditions into all Contracts by Aceit to supply You with Services.

20. CONSTRUCTION

20.1 The law governing the interpretation of these Terms and Conditions and all other matters between the parties pursuant to these Terms and Conditions shall be a Law of the State of South Australia.

20.2 No waiver by Aceit of any breach of any term of any agreement with You from time to time shall be deemed to be a waiver of any subsequent breach of any kind.

20.3 Singular words shall include plural and vice versa.

20.4 If any provision herein is or becomes void, voidable by a party, invalid, illegal or unenforceable for any reason and it would not be so if a word or words were omitted, then that word or those words are severed and if that cannot be done, the entire provision is to be severed and omitted from these Terms and Conditions which shall otherwise remain in force and without affecting the validity or enforceability of the remaining provisions of these T erms and Conditions.

20.5 No one provision herein shall limit the generality of any other provision herein. In the event that you use or attempt to use or issue or attempt to issue at any time any letters writing instructions forms or delivery notes or the like containing any terms or provisions inconsistent with these Terms and Conditions then they shall not form part of any agreement with you and these Terms and Conditions shall prevail.

20.6 These Terms and Conditions bind you and your executors, administrators, successors and assigns as the case may be.

21. VARIATION OF CONDITIONS

Aceit has the right to vary these Terms and Conditions at any time in Aceit's sole discretion upon the giving of 7 days’ notice in writing of such variation to You. Any such variation will apply to the provision of all future Services by Aceit. You acknowledge that notification includes publication by Aceit of the Terms and Conditions on its website at www.aceitcouriers.com.au and undertake to regularly inspect Aceit's Terms and Conditions on that website for variations.

22. ACKNOWLEDGEMENT OF TERMS AND CONDITIONS AND PRIVACY ACT AUTHORISATION

Each of the persons who complete Aceit's 'Account Application' and whose signature(s) appears on Aceit's 'Account Application' (in whatever capacity) authorises and acknowledges that:

22.1 they have read, understood and agreed to be bound by all these Terms and Conditions; 22.2 any amendment to a Customer's terms of credit pursuant to clause 5.7 above will apply on and from the date of any provision of subsequent Services by Aceit on credit to that Customer whether or not that Customer has signed or fully signed these Terms and Conditions;

22.3 items of personal information contained in Aceit's 'Account Application are permitted to be kept on a credit information file that might be disclosed to a credit reporting agency; 22.4 in accordance with Divisions 2 and 3 of Part IIIA of the Privacy Act 1988 (Cth), disclosure by a credit reporting agency and/or use by Aceit of the relevant information referred to in those Divisions may occur for the purpose of assessing a Customer’s application for credit from Aceit (via Aceit's 'Account Application'); and

22.5 Aceit may supply information about a Customer’s credit worthiness to other credit providers and/or request other credit providers to provide Aceit with information about a Customer's credit worthiness in accordance with the Privacy Act 1988 (Cth).


Revised 14 October 2019

Conditions of Cartage

1. DEFINITIONS

"Carrier" Means Aceit Transport Solutions Pty Ltd, ABN 52 799 428 981;

"Customer" means the customer for whom the services are provided;

"Sub - Contractor" means and includes:-

(a) Any subsidiary (as defined in Corporations Act) of the Carrier;

(b) Any other person, firm or company with whom the Carrier may arrange for the carriage, handling or storage of any goods of the customer.

2. PRICE

The price charged shall be the Carrier's price ruling at the date of the service is supplied unless otherwise agreed in writing, plus GST.

3, NOT A COMMON CARRIER

3.1 The Carrier is not a common carrier and will accept no liability as such.

3.2 The Carrier reserves the right to refuse to handle, transport or store goods for the client for any reason whatsoever.

3.3 The Carrier may arrange with a Sub-Contractor for the carriage or storage of any goods subject to this agreement.

3.4 The Customer is responsible to affect and meet the cost of any insurance cover that is deemed necessary. The Customer undertakes that no claim or allegation shall be made against the Carrier, any Sub-Contractor whom the carriage or storage or any part of it was performed or undertaken, but if a claim or allegation is nonetheless made, the Customer absolutely without exception agrees to free, release, hold harmless, indemnify and keep identified the Carrier against each and every consequence thereof.

4. NO CARRIER'S LIABILITY AND NO WARRANTIES

4.1 The Customer's goods are in all things at the risk of the Customer and not the Carrier.

4.2 The Carrier will make all reasonable efforts to have any goods delivered to the Customer on the date agreed between the parties as the Delivery Date. The Carrier shall be under no liability whatsoever should delivery not be made within the time specified.

4.3 The Carrier shall not be responsible in negligence, tort, contract or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery, failure to deliver, delay in delivery of the goods, failure to store, incorrect or defective storage of the goods including without limiting the foregoing chilled, frozen, refrigerated or perishable goods by negligent, reckless or wilful acts or defaults of the Carrier, or whether or not any of the above occurs in the course of the performance or purported performance by the Carrier of the Contract or whether or not the acts or defaults are in the contemplation of the carrier and/or the Customer or whether or not such acts or defaults are foreseeable by them or either of them.

4.4 The disclaimer in clause 5.2 shall include not only the loss for damage to or the deterioration of goods but also loss, damage or injury to any person, property or thing during or resulting from the performance or purported performance of or want of performance or breach if the Contact howsoever caused including but not limited to any negligence, recklessness or wilfulness of the carrier.

4.5 All the rights, immunities, benefits and limitations of liability granted to the Carrier by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or any other of the conditions hereof by the Carrier.

5. CUSTOMER'S STATUTORY RIGHTS

These Terms and Conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer or the liabilities imposed upon the Carrier, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.

6. HANDLING OF GOODS AND DELIVERIES

6.1 The Customer hereby authorises the Carrier to:-

(a) Handle, carry or store the goods or cause the same to be handled, Carried or stored by any method, and

(b) Carry or cause to be carried the goods by any route is the absolute discretion of the Carrier and the Carrier shall be entitled to ignore any instructions in relation thereto.

6.2 The Carrier is authorised to deliver the goods at the address nominated to the Carrier by the Customer for that purpose and without prejudice to the foregoing it is expressly agreed that the Carrier shall be conclusively presumed to have delivered the goods in accordance with this contract if he obtains from the receiver a signature or a receipt.

6.3 If the nominated place of delivery shall be unattended or it delivery cannot otherwise be effected by the Carrier, the Carrier may at the Carrier's option deposit the goods at the place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the Carrier the Customer shall pay or indemnify the Carrier for all costs and expenses incurred in or about such storage. In the event that the goods are stored by the Carrier, the Carrier shall be at liberty to re-deliver them to the customer from the place of storage at the Customer's cost at the then applicable rates of carriage and storage.

7. CUSTOMER WARRANTIES

7.1The Customer warrants to the Carrier that it will comply with all applicable laws in relation to notification description, carriage and packaging of the goods and without limitation thereof that all applicable duties excises taxes or costs in relation thereto have been fully paid.

7.2 The Customer will fully, adequately and accurately describe the goods on the consignment note.

7.3 The Customer warrants any consignment will not contain any explosive, volatile spirits, cargo of a dangerous inflammable nature, offensive material or cargo which would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth due to its nature, packaging or labelling.

8. CONSTRUCTION

8.1 The law governing the interpretation of the conditions and all other matters between the parties shall be the Law of the State of South Australia.

8.2 Singular words shall include plural and vice versa

8.3 If any provision herein is or becomes void or illegal or unenforceable shall severed and omitted from these terms and conditions which shall otherwise remain in force.

By downloading the Aceit Couriers application form you acknowledge you have read the below Conditions of Cartage & Terms and Conditions. For more information, call 08 8451 0555.

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