Terms and Conditions

Terms and Conditions of Service

1. Definitions

1. 1. “Collins Transport” means Collins Transport Group Pty Ltd, its successors and assignors any related bodies corporate and its officers, servants, agents and subcontractors.

1. 2. “Customer” means the owner or person having the legal entitlement to the goods being carried or stored or the person authorised by the owner of the goods to contract with Collins Transport pursuant to these terms and conditions.

1. 3. “Charges” means the charges quoted from time to time and levied by Collins Transport for the services.

1. 4. “Subcontractor” means any person or entity engaged by Collins Transport to provide the services and any servant, agent, employee or subcontractor of such person or entity.

1. 5. “Services” means the carriage and storage of goods and any other services undertaken by Collins Transport for and at the request of the Customer.

2. Agreement

1. 1. The Customer agrees that the services will be provided by Collins Transport according to these terms and conditions and acknowledges that the Customer understands each and all of the terms and conditions herein and agrees to be bound by them.

1. 2. Once accepted by the Customer, these terms and conditions are irrevocable and can only be amended, altered or rescinded with the written permission of Collins Transport.

1. 3. These terms and conditions are to be read in conjunction with any consignment note, quotation, agreement or other document issued by Collins Transport. In the event of any inconsistency between such documents these terms and conditions shall prevail.

3. Carriage and Storage of Goods

1. 1. Collins Transport is not a Common Carrier and accepts no liability as such. Collins Transport reserves at its absolute discretion the right to refuse the carriage or storage of goods or the provision of other services. The carriage and storage of goods and the provision of other services are performed by Collins Transport subject only to these terms and conditions.

1. 2. The Customer agrees that Collins Transport may arrange and engage any subcontractor for the carriage and storage of goods and any other services performed pursuant to this contract. The Customer agrees that any such Sub-contractor shall be entitled to the full benefit of these terms and conditions and without limiting the effect thereof, the exclusions and limitations contained herein.

1. 3. The customer authorises Collins Transport at its absolute discretion:

1. 1. 1. To handle, carry or store the goods by any method as it sees fit.

1. 1. 2. To carry the goods by any route and make any deviation from any normally accepted route as it sees fit.

1. 1. 3. To deposit or store the goods and levy appropriate charges for such storage as it sees fit, in the event that the customer or its agent fails to take delivery of the goods at the nominated place of delivery.

1. 4. Where the goods have been packed or packaged by the customer or its servant or agent, Collins Transport will not be liable for any loss or damage to the goods caused by:

1. 1. 1. the manner or means whereby the goods have been packed;

1. 1. 2. the unsuitability, defect or damage to the container or packaging in which the goods have been placed.

and the Customer indemnifies Collins Transport against any such loss.

4. Charges and Payment

1. 1. Collins Transport carriage charges shall be deemed earned and payable, when the goods have been loaded for carriage and despatched. Warehouse and storage charges shall be deemed earned and payable when the goods are first placed in storage.

1. 2. All carriage and storage charges and charges for any other services performed, are payable in any event, notwithstanding any loss, damage or failure to deliver the goods.

1. 3. The Customer will remain responsible for the payment of all charges due to Collins Transport and shall not be entitled in any circumstances, to setoff, reduce, limit or otherwise deduct any monies payable Collins Transport pursuant to these terms and conditions.

1. 4. Payment shall be made within 7 days from the end of the month during which the services are provided or in accordance with the credit terms agreed upon between the Customer and Collins Transport from time to time.

1. 5. Where the Customer fails to pay any monies due to Collins Transport in accordance with these terms and conditions, Collins Transport shall have a Lien over any goods of the Customer whether in the possession of Collins Transport or otherwise. In exercising such Lien, Collins Transport may retain and sell the goods without notice to the Customer and apply from the proceeds of sale, all monies due to Collins Transport and ancillary costs and charges incurred in the exercise of the Lien.

5. Exclusion of Liability and Warranties

1. 1. All goods which are carried or stored by Collins Transport or which are subject to other services performed by Collins Transport are and remain at the risk of the Customer.

1. 2. The Customer warrants that in entering into this Agreement it does so on its own account and as agent for any other person having an interest in the goods.

1. 3. Notwithstanding any other Clause of this Agreement under no circumstances shall Collins Transport be responsible to the Customer or any other person having an interest in the goods for any injurious act or default of Collins Transport, nor in any event shall Collins Transport be held responsible for any loss, injury or damage suffered by the Customer either in respect of:-

1. the theft, mis-delivery, delay in or failure of delivery, loss, damage, deterioration or destruction, by whatever cause, of any goods being carried or stored on behalf of the Customer or any other person having an interest in the goods by Collins Transport at any time (and regardless of whether there has been any deviation from any agreed or customary route of carriage or change in the place of storage);

2. any consequential loss of profit, revenue, business contracts or anticipated savings; or

3. any other direct, indirect or consequential loss, injury or damage of any nature and whether in contract, tort (including without limitation, negligence or breach of statutory duty) bailment or otherwise.

1. 4. The exclusions from liability contained herein extends to any loss, damage or injury to any person or property occurring during or resulting from the performance or purported performance of or want of performance or breach of contract howsoever caused including but not limited to any negligence, recklessness or wilful conduct of Collins Transport.

1. 5. The Customer indemnifies and agrees to keep indemnified Collins Transport against all claims of any kind whatsoever, howsoever caused or arising brought by any person in connection with any matter or thing done, said or omitted by Collins Transport in connection with the carriage or storage of goods or any other services provided by Collins Transport pursuant to this agreement.

1. 6. All warranties sought to be imposed or implied upon Collins Transport, either by operation of statute, common law or otherwise are hereby expressly excluded.

1. 7. The Customer acknowledges and warrants that in entering into this agreement it has not relied upon any promises, representation or conduct of Collins Transport and that any right of the customer to rely on such promises, representations or conduct is hereby excluded.

6. Customer Obligations

1. 1. The Customer expressly warrants to Collins Transport that the Customer is either the owner or the authorised agent of the owner of any goods or property that is the subject of the services to be performed under this agreement and that by entering into this agreement the Customer accepts these terms and conditions on its own behalf and on behalf of any other person having an interest in the goods.

1. 2. The Customer warrants that it will comply with the provision of all statutes, regulations, bylaws and any other statutory instruments and standards that may be applicable to the services.

1. 3. The Customer warrants that in those circumstances where a consignment note, freight note, warehouse slip or any other document relating to the services, is issued to Collins Transport, the person issuing such document is authorised to provide delivery of the goods and is authorised to sign any such documentation on behalf of the Customer or any other person having an interest in the goods.

7. General

1. 1. If any provision of these terms and conditions shall be invalid, void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and shall remain valid and enforceable.

1. 2. This agreement shall be governed by the laws of South Australia and the parties to it agree to submit to the jurisdiction of the Courts of South Australia.

1. 3. Collins Transport reserves the right to review these terms and conditions at anytime and any change or amendment to these terms and conditions will take effect from the date on which the change or amendment is notified to the customer.

1. 4. Where Collins Transport does not enforce any provision of this agreement, such conduct shall not be treated as a waiver of that provision and Collins Transport shall retain the right to enforce their provision at any later time. Any waiver of any provision of this contract must be expressed and in writing.

1. 5. Every individual carriage and storage of goods and any other services should be treated as a separate contract between Collins Transport and the Customer and notwithstanding the issue of any consignment note, warehouse slip or other document, shall be governed by and subject to the terms and conditions contained herein.

1. 6. The Customer warrants that the person signing this agreement is authorised by the Customer to do so and that the Customer agrees to be bound by the terms and conditions contained herein.