Become a Client

Aceit Transport Solutions Pty Ltd (ABN 52 799 428 981)

1. Application

These terms apply when we agree to carry or store goods for you. If you do not sign a credit application or these terms but ask us to carry or store goods after you receive these terms, you accept our offer to carry or store goods on these terms.

2. Carriage

(a) If you want us to carry goods for you, you must give us, in a form and detail that we require a description of the goods; the place where we may collect the goods; the time the goods are available for collection; the destination of the goods; your preferred means of carriage, storage and handling; your preferred time for delivery at the destination; and any other information we may reasonably require.

(b) We do not have to accept a request to carry goods for you. We may impose any condition on our acceptance of a request that we see fit.

(c) We carry the goods in the way we determine. We may deviate from any usual route or method of carriage. We may comply with all orders, directions and recommendations of governmental agencies at your risk and expense.

(d) We need not collect or deliver the goods at the times you or we specify. We are not liable for any delay.

(e) You must arrange for the loading and unloading of the goods at the collection and destination locations.

(f) We may consolidate your goods with any other items.

(g) We will deliver the goods to the destination you nominate. The goods are delivered if we obtain from a person at the destination a receipt for the goods. If the destination is unattended, an appropriate person fails to take delivery of the goods or there is no safe or adequate access we may:

(1) leave the goods at the destination, store them or return them to you. Each of these actions are delivery.

(2) hold the goods and ask you for your instructions and deliver them, if we can, in accordance with those instructions.

(h) We may store the goods at the places and for the periods we consider appropriate.

(i) We may refuse to carry any goods for any reason including if in our view they are or may become dangerous or we are unable to carry them lawfully or safely.

3. Warehousing

(a) If we agree to store goods for you, we may store them at the places, in the manner and for the periods we consider appropriate, together with the property of any other persons.

(b) We may refuse to store goods for any reason including if in our view they are or may become dangerous or perishable, we are unable to store them lawfully or safely or they do not conform to your description.

4. The Goods

(a) You must not deliver any goods to us that are or may become dangerous. You must comply with all applicable laws and customs in connection with the notification, classification, description, labelling, packing, handling, carriage, storage and delivery of the goods.

(b) You represent and warrant to us that you are the legal owner of the goods or authorised by the legal owner to consign the goods to us to carry or store; you have fully and adequately described the goods, their nature, weight and measurements; you have properly insured the goods for carriage or storage; you have complied with all applicable laws and customs in connection with the notification, classification, description, labelling, packing, handling, carriage, storage and delivery of the goods; the goods are properly and safely packed for carriage or storage, as applicable and any thermostats are properly working and calibrated.

(c) If we believe the goods are or may become dangerous or are perishable and may be deteriorating, we may destroy, dispose of, or make them safe.

(d) If an identifying mark on any goods is lost, damaged or defaced, we may open any packaging, document or container to inspect the goods.

(e) You must tell us in writing before you deliver the goods to us whether they are perishable, temperature sensitive, fragile or require any special treatment.

5. Our charges

(a) We will charge you for each carriage or storage the amount we determine based on the rates and charges we have told you or if not are prevailing at the time of carriage or storage.

(b) Our charges may include a fuel levy, any credit card surcharge we incur, third party expenses relating to the carriage or storage and expenses we incur because you have not paid us in full and on time. We may base our charges on weight, volume or value of the goods.

(c) We may change a quote any time before you accept it.

(d) We may revise our charges to take into account any variation in the goods, the carriage or the storage, our errors, further charges to us by a sub-contractor or our further costs and expenses, if more than we anticipated.

(e) We may by notice to you increase our rates and charges.

6. Payment

(a) You must pay us for each carriage or storage the amount we determine to be our charges.

(b) If we do not give you credit, you must pay us the charges for carriage or storage on or in advance of delivery of the goods to us.

(c) You must pay all amounts charged in an invoice whether disputed or not.

(d) If any goods and services tax (GST) is payable on a supply under this agreement, the amount payable for the supply is increased by the same amount of GST that is payable on the supply.

(e) You must pay to us on demand any liability, cost or expense we incur:

(1) to a third party in relation to the goods;

(2) for taxes in relation to the goods;

(3) in complying with any law or requirement of any authority in relation to the goods;

(4) in loading, unloading, handling or storing the goods, returning or redelivering the goods determined on the basis of our normal rates;

(5) destroying, disposing of, or making safe the goods or opening, inspecting and re-packaging any packaging, documents or containers;

(6) because of damage to our property or any person caused by the goods; and

(7) conforming the goods to the Recipient’s requirements.

(f) Our charges become due when the goods are consigned to us for delivery or storage.

(g) You must pay interest on all amounts due under this agreement on demand calculated daily at the aggregate of 5% per annum and Commonwealth Bank of Australia’s Overdraft Index Rate from the time you become liable to pay any money to us to the time of actual payment (whether before or after any judgment). Any interest not paid on the due date is capitalised monthly from the due date.

(h) You must pay all moneys to us by payment to the bank account as we may notify to you, in immediately available funds without set-off or counter-claim or any withholding and free and clear of and without deduction for any Taxes.

7. Credit

(a) We may notify you from time to time of any credit we give you and the time you need to pay us. If we do, you must pay us the credit within the time we specify. If we give you a credit limit, we may at any time in our discretion vary it without notice to you and without giving you a reason.

(b) You authorise us to obtain and provide information about you from or to your referees, accountants and credit reporting agencies and them to give us information we request about you.

(c) We have a lien on your goods for all amounts which may be due to us. If you do not pay us on time, we may without notice to you, store the goods at your risk, open any packaging, sell them and apply the sale proceeds to the amount due to us.

You must if we request:

(1) give us the financial information we request about you. You warrant that this information is correct and not misleading;

(2) charge in our favour all beneficial interests (freehold and leasehold) in any real or personal property held now or in the future by you as security for payment of all moneys payable by you to us; and

(3) execute a mortgage or other instrument of security in the form we request.

(e) If you default under these terms, we may do anything in respect of the property secured to us that you could do. This includes the power to take possession of, manage, insure, receive, grant rights over, maintain, improve, sell and otherwise dispose of the property.

(f) You irrevocably appoint each of our managers and lawyers severally as your attorney to do anything you are obliged to do under, or exercise any right conferred on us by, these terms.

8. Events of Default

We may end this agreement, by giving you notice if you breach any of these terms; have told us something which is not true or misleading; enter into or resolve to enter into any arrangement, composition or compromise with or an assignment for the benefit of any of your creditors; have a liquidator, provisional liquidator, administrator, manager, receiver or receiver and manager appointed to you or to any of your assets or if any steps are taken for such an appointment; are wound up or any steps are taken for this purpose or become bankrupt or commit an act of bankruptcy.

9. Liability

(a) The goods are at all times at your risk. You need to arrange insurance appropriate for the goods and their carriage or storage, as applicable.

(b) All warranties and terms implied by law or custom are excluded, as far as the law allows. Our liability for a breach of a warranty or condition which cannot be excluded is limited at our option to the supply of the service again, the payment of having the services supplied again or $500.

(c) Otherwise, we are not liable for any loss or damage:

(1) to the goods however caused;

(2) arising because of any delay in delivery of the goods or a

failure to deliver them or deliver them properly;

(3) arising because of events beyond our control; or

(4) to any person or property from our act or omission.

This applies to any loss or damage arising from our negligence; reckless or wilful act or default; which is direct or indirect, or consequential; whether in our contemplation or not; or arising in tort, contract or bailment.

(d) You must give us 7 days’ notice of any loss or damage, giving us all relevant details. If you do not, we do not have to consider your claim. If for any reason we are liable to you our liability is limited to our fee for providing our service to you.

(e) We are not a common carrier. We only carry and store goods on these terms.

(f) Our sub-contractors are only liable to you to the same extent as us. You will not make any claim against them for a loss in connection with the goods.

(g) This clause survives the termination of these terms and applies notwithstanding a fundamental breach of these terms.

10. Indemnity

You indemnify us against any actual, contingent or prospective loss, cost or expense which we may incur as a consequence of your breach of these terms; you making a claim against us or our sub-contractor apart from a claim allowed by these terms; any representation by you under these terms not being true; the exercise or attempted exercise of any right by us under these terms; or us incurring a liability to you or a third party in connection with the goods. This indemnity is a continuing obligation and survives the termination of these terms.

11. Force Majeure

If we are unable to perform an obligation due to a Force Majeure Event, our obligations are suspended during the time and to the extent that we are prevented from or delayed in complying with our obligations. If a Force Majeure Event continues for more than 30 days, we may by notice to you end our agreement with you.

12. Guarantee

Each person described as a guarantor or a director in and who signs a credit application or any person other than you who otherwise agrees to these terms unconditionally and irrevocably guarantees the due and punctual payment of all money due to us by you and must pay it to us on our demand without set- off, deduction, condition or withholding and unconditionally and irrevocably indemnifies us against any loss incurred by us because of any failure to pay it to us on time or because it is not recoverable and must pay it to us on demand. They assume these obligations because we agree to grant credit to you.

13. Notices

Any notice or other communication given under these terms must be in writing signed by the person giving it and delivered personally or sent by prepaid post or electronic transmission to the recipient’s address and is deemed duly delivered in the case of post, five days after posting, and in the case email at the time of sending.

14. General

(a) We may vary or add to these terms at any time by giving you at least 7 days' notice.

(b) You must not contract or otherwise deal with any of our sub- contractors in relation to the carriage of goods in a way which would induce the sub-contractor to breach its contract with us.

(c) We may use sub-contractors to carry or store goods. The sub- contractors are entitled to the full benefit of these terms and we enter into these terms as their agent.

(d) If you are the trustee of a trust, you are liable to us personally as well as in your capacity as trustee.

(e) Any certificate we sign showing the amount you owe us as at a time is conclusive.

(f) Any provision of these terms which is unenforceable in any jurisdiction is, in that jurisdiction, ineffective to the extent only of the unenforceability, without invalidating the remaining provisions of this mortgage or affecting the enforceability of the provision in any other jurisdiction.

(g) These terms replace all other arrangements between us about us giving you credit, carrying or storing goods and any terms that you may seek to impose.

(h) These terms are governed by South Australian law and you are subject to the jurisdiction of its courts.

15. Interpretation

In these terms:

carry includes doing anything connected with carrying goods including packing, unpacking and storing and carrying and carriage have corresponding meanings.

dangerous includes volatile, inflammable, radioactive, explosive, noxious and the potential to cause damage to persons or property.

Force Majeure means any occurrence or omission as a result of which we are prevented from or delayed in performing any of our obligations under these terms that is beyond our reasonable control.

goods mean the goods you consign to us to carry or store and includes all their packaging and pallets delivered with them.

Recipient means the person to whom you direct us to deliver the Goods.

security means any interest in any asset that secures the payment or performance of an obligation.

taxes mean all taxes, levies, imposts, duties, fees, compulsory loans, withholdings or deductions and penalties and interest imposed in relation to any of them.

We, us or our is Aceit Transport Solutions Pty Ltd (ABN 52 799 428 981).

You or your is the person for whom we agree to carry or store goods.

Also. the singular includes the plural and vice versa; reference to any gender includes the other genders; person includes a firm, a corporation, a body corporate, an unincorporated association or an authority; includes or including does not limit the meaning of a word or phrase immediately before it; a reference to a person includes that person’s employees, agents, executors, administrators, successors and assigns; and where two or more persons are a party a reference to that party is a reference to each of those persons jointly and severally.

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.