Terms & Conditions of Cartage

  1. Definitions
    • “Contractor” shall mean Wynnum Haulage Pty Ltd and its successors and assigns or any person acting on behalf of and with the authority of Wynnum Haulage Pty Ltd.
    • “Sub-Contractor” shall mean and include:
      • railways or airways operated by the Commonwealth or any state or any other country or by any corporation; or
      • any other person or entity with whom the Contractor may arrange for the carriage or storage of any Goods the subject of the contract; or
      • any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in clauses 1.2(a) and 1.2(b).
    • “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Contractoer to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      • if there is more than one Client, is a reference to each Client jointly and severally; and
      • if the Client is a partnership, it shall bind each partner jointly and severally; and
      • if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
      • includes the Client’s executors, administrators, successors and permitted assigns.
    • “Consignee” shall mean the person to whom the Goods are to be delivered by way of the Contractor’s Services.
    • “Goods” shall mean cargo together with any container, packaging, or pallet(s) to be moved from one place to another by way of the Contractor’s Services, or for storage by the Contractor.
    • “Services” shall mean all services supplied by the Contractor to the Client (including, but not limited to, anything done or to be done in relation to the Goods, or the provision of any services ancillary to the Goods such as moving, storing or leaving the Goods at any warehouse, yard, terminal, wharf or other place or area, loading or unloading the Goods from any vehicle, vessel or other conveyance, stowing or packing the Goods, or fumigating, transhipping, or otherwise handling the Goods, or anything else done in relation thereto including the offering of any advice or recommendations.
    • “Equipment” shall mean all Equipment including any accessories supplied on hire by the Contractor to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by the Contractor to the Client.
    • “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
    • “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.
    • “Price” shall mean the cost of the Services (plus any GST where applicable) as agreed between the Contractor and the Client subject to clause 4 of this contract.
    • “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

 

  1. The Commonwealth Competition and Consumer Act 2010 (CCA) and Fair Trading Acts
    • Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
    • Where the Client purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
    • Liability of the Contractor arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by the Contractor:
      • rectifying the Services; or
      • supplying the Services again; or
      • paying for the Services to be supplied again.
    • If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Services under clause 3 or the CCA, but is unable to do so, then the Contractor may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.

 

  1. Acceptance
    • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by the Contractor.
    • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
    • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
    • These terms and conditions are to be read in conjunction with the Contractoer’s quotation, consignment note, agreement, airway bills, manifests, or any other forms as provided by the Contractoer to the Client. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
    • These terms and conditions are to be read in conjunction with the Contractor’s quotation, consignment note, agreement, airway bills, manifests, or any other forms as provided by the Contractor to the Client. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
    • The use of a Client’s own form (and/or terms and conditions) shall in no way derogate from these conditions, the whole of which shall, notwithstanding anything contained in any such form (and/or terms and conditions), constitute terms of the agreement so entered into. Any provisions in any such form (and/or terms and conditions) which is contrary to any provisions of these Terms and Conditions shall, to the extent of such inconsistency, be inapplicable.

 

  1. Electronic Transactions (Queensland) Act 2001
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Change in Control
    • The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.

 

  1. Price and Payment
    • At the Contractor’s sole discretion the Price shall be either;
      • as indicated on invoices provided by the Contractor to the Client in respect of Services supplied; or
      • the Price as at the date of delivery of the Goods according to the Contractor’s current price list; or
      • the Contractor’s quoted Price (subject to clause 4.2 & 4.3) which shall be binding upon the Contractor provided that the Client shall accept in writing the Contractor’s quotation within ninety (90) days.
    • The Contractor reserves the right to change the Price if:
      • a variation to the Contractor’s quotation is requested or;
      • to reflect any increase in the cost to the Contractor beyond the reasonable control of the Contractor (including, without limitation, foreign exchange fluctuations, or increases in taxes, poor weather conditions, limitations to accessing the site, customs duties, insurance premiums, or warehousing costs).
    • The Contractor may charge freight by weight, measurement or value, and may at any time re-weigh, or re-value or re-measure or require the Goods to be re-weighed, or re-valued or re-measured and charge proportional additional freight accordingly.
    • At the Contractor’s sole discretion a deposit may be required.
    • At the Contractor’s sole discretion;
      • payment shall be due on delivery of the Goods, or
      • payment for approved Clients shall be made by instalments in accordance with the Contractor’s payment schedule, or
      • payment for approved Client’s shall be due on seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
    • Time for payment for the Services shall be of the essence and will be stated on the invoice, consignment note, airway bills, manifests or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
    • Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge may apply per transaction), or by direct credit, or by any other method as agreed to between the Client and the Contractor.
    • The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Contractor.
    • Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for providing the Contractor’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
    • Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then the Contractor’s ownership or rights in respect of the Services, and this agreement, shall continue.

 

  1. The Contractor Not Common Contractoer
    • The Contractor is not a Common Contractoer and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Contractor subject only to these conditions and the Contractor reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.

 

  1. Client-Packed Containers
    • If a container has not been stowed by or on behalf of the Contractor the Contractor shall not be liable for loss of or damage to the Goods caused by:
      • the manner in which the container has been stowed; or
      • the unsuitability of the Goods for carriage or storage in containers; or
      • the unsuitability or defective condition of the container.

 

  1. Nomination Of Sub-Contractor
    • The Client hereby authorises the Contractor (if it should think fit to do so) to arrange with a Sub-Contractor for the carriage of any Goods that are the subject of the contract. Any such arrangement shall be deemed to be ratified by the Client upon delivery of the said Goods to such Sub-Contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Contractor. In so far as it may be necessary to ensure that such Sub-Contractor shall be so entitled the Contractor shall be deemed to enter into this contract for its own benefit and also as agent for the Sub-Contractor.

 

  1. The Contractor’s Servants or Agents
    • The Client undertakes that no claim or allegation shall be made against any servant or agent of the Contractor which attempts to impose upon any of them any liability whatsoever in connection with the Goods and, if any such claim or allegation should nevertheless be made, to indemnify the Contractor and any such servant or agent against all consequences thereof.

 

  1. Method Of Transport
    • If the Client instructs the Contractor to use a particular method of carriage whether by road, rail, sea or air the Contractor will give priority to the method designated but if that method cannot conveniently be adopted by the Contractor the Client shall be deemed to authorise the Contractor to carry or have the Goods carried by another method or methods.

 

  1. Route Deviation
    • The Client shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of the Contractor be deemed reasonable or necessary in the circumstances.

 

  1. Charges Earned
    • The Contractor’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and dispatched from the Client’s premises.

 

  1. Demurrage
    • The Client will be and shall remain responsible to the Contractor for all its proper charges incurred for any reason. A charge may be made by the Contractor in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of the Contractor. Such permissible delay period shall commence upon the Contractor reporting for loading or unloading.  Labour to load or unload the vehicle shall be the responsibility and expense of the Client or Consignee.

 

  1. Dangerous Goods
    • Unless otherwise agreed in advance in writing with the Contractor the Client or his authorised agent shall not tender for carriage or for storage any explosive, inflammable or otherwise Dangerous Goods. The Client shall be liable for and hereby indemnifies the Contractor for all loss or damage whatsoever caused by any Dangerous Goods.

 

  1. Consignment Note
    • It is agreed that the person delivering any Goods to the Contractor for carriage or forwarding is authorised to sign the consignment note for the Client.

 

  1. Client’s Responsibility
    • The Client expressly warrants to the Contractor that the Client is either the owner or the authorised agent of the owner of any Goods or property that is the subject matter of this contract of cartage and/or storage and by entering into this contract the Client accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Client is acting.

 

  1. Delivery
    • The Contractor is authorised to deliver the Goods at the address given to the Contractor by the Client for that purpose and it is expressly agreed that the Contractor shall be taken to have delivered the Goods in accordance with this contract if at that address the Contractor obtains from any person a receipt or a signed delivery docket for the Goods.
    • The Contractor may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract.
    • Delivery of the Goods to a third party nominated by the Client is deemed to be delivery for the purposes of this agreement.
    • It is the Client’s sole responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery.
    • At the Contractor’s sole discretion the cost of delivery is included in the Price.
    • The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage.
    • Any time specified by the Contractor for the delivery of Goods is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Contractor is unable to deliver the Goods as agreed solely due to any action or inaction of the Client then the Contractor shall be entitled to charge the Client any additional costs incurred by the Contractor as a direct consequence of any resultant delay or rescheduling of the delivery.

 

19.            Loss Or Damage
  • Subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods (including but not limited to chilled, frozen, refrigerated or perishable Goods):
    • the Contractor shall not be under any liability for any damage to, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the Goods (whether the Goods are or have been in the possession of the Contractor or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
    • the Client will indemnify the Contractor 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 the Contractor in connection with the Goods.

 

  1. Insurance
    • The Client acknowledges that:
      • the Goods are carried and stored at the Client’s sole risk and not at the risk of the Contractor; and
      • the Contractor is under no obligation to arrange insurance of the Goods and it remains the Client’s responsibility to ensure that the Goods are insured adequately or at all; and
      • under no circumstances will the Contractor be under any liability with respect to the arranging of any such insurance and no claim will be made against the Contractor for failure to arrange or ensure that the Goods are insured adequately or at all.

 

  1. Claims
    • Notwithstanding clauses 19 and 20 in the event that the Client believes that they have any claim against the Contractor then they must lodge any notice of claim for consideration and determination by the Contractor within seven (7) days of the date of delivery, or for non delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.
    • The failure to notify a claim within the time limits under clause 1 is evidence of satisfactory performance by the Contractor of its obligations.

 

22.            Default & Consequences Of Default

  • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fees, and bank dishonour fees).
  • Further to any other rights or remedies the Contractor may have under this contract, if the Client has made payment to the Contractor by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
  • Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:
    • any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due; or
    • the Client has exceeded any applicable credit limit provided by the Contractor;
    • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Title to Goods
    • The Contractor and the Client agree that ownership of the Goods shall not pass until:
      • the Client has paid the Contractor all amounts owing to the Contractor; and
      • the Client has met all of its other obligations to the Contractor.
    • Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that:
      • until ownership of the Goods passes to the Client in accordance with clause 1 that the Client is only a bailee of the Goods and must return the Goods to the Contractor on request.
      • the Client holds the benefit of the Client’s insurance of the Goods on trust for the Contractor and must pay to the Contractor the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Contractor and must pay or deliver the proceeds to the Contractor on demand.
      • the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Contractor and must sell, dispose of or return the resulting product to the Contractor as it so directs.
      • the Client irrevocably authorises the Contractor to enter any premises where the Contractor believes the Goods are kept and recover possession of the Goods.
      • the Contractor may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Contractor.
      • the Contractor may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

 

  1. Contractor’s Rights To A Lien On Goods
    • The Contractor shall have a right to take a particular and general lien on any Goods the property of the Client or a third party owner which are in the possession or control of the Contractor (and any documents relating to those Goods) for all sums owed at any time by the Client or a third party owner to the Contractor (whether those sums are due from the Client on those Goods or documents, or on any other Goods or documents), and the Contractor shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the Client. The Contractor shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods or cargo, from the proceeds of sale and shall render any surplus to the entitled person.
    • Notwithstanding clause 1 nothing shall prejudice the Contractor’s rights to use any of the Contractor’s other rights and remedies contained in this agreement to recover any outstanding charges or fees payable in respect of the Goods that were not recovered out the sale of the Goods in accordance with clause 24.1 and no exception shall be taken upon the grounds that the Price realised is less than the full market value of the Goods.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause:
      • financing statement has the meaning given to it by the PPSA;
      • financing change statement has the meaning given to it by the PPSA;
      • security agreement means the security agreement under the PPSA created between the Client and the Contractor by these terms and conditions; and
      • security interest has the meaning given to it by the PPSA.
    • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:
      • constitute a security agreement for the purposes of the PPSA; and
      • create a security interest in all Goods being transported and/or Equipment supplied on hire by the Contractor over which the Contractor invokes a lien.
    • The Client undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to:
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i) or 25.3(a)(ii);
      • indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods/Equipment charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment in favour of a third party without the prior written consent of the Contractor.
    • The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Client shall unconditionally ratify any actions taken by the Contractor under clauses 3 to 25.5.

 

  1. Security And Charge
    • In consideration of the Contractor agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Client indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Contractor’s rights under this clause.
    • The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 26 including, but not limited to, signing any document on the Client’s behalf.

 

  1. Privacy Policy
    • All emails, documents, images or other recorded information held or used by the Contractoer is Personal Information, as defined and referred to in clause 3, and therefore considered Confidential Information. The Contractoer acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Contractoer acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by the Contractoer that may result in serious harm to the Client, the Contractoer will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to the Contractoer in respect of Cookies where transactions for purchases/orders transpire directly from the Contractoer’s website.  The Contractoer agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to the Contractoer when the Contractoer sends an email to the Client, so the Contractoer may collect and review that information (“collectively Personal Information”)

In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via the Contractoer’s website.

  • The Client agrees for the Contractoer to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by the Contractoer.
  • The Client agrees that the Contractoer may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
    • to assess an application by the Client; and/or
    • to notify other credit providers of a default by the Client; and/or
    • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
    • to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
  • The Client consents to the Contractoer being given a consumer credit report to collect overdue payment on commercial credit.
  • The Client agrees that personal credit information provided may be used and retained by the Contractoer for the following purposes (and for other agreed purposes or required by):
    • the provision of Goods; and/or
    • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
    • enabling the collection of amounts outstanding in relation to the Goods.
  • The Contractoer may give information about the Client to a CRB for the following purposes:
    • to obtain a consumer credit report;
    • allow the CRB to create or maintain a credit information file about the Client including credit history.
  • The information given to the CRB may include:
    • Personal Information as outlined in 3 above;
    • name of the credit provider and that the Contractoer is a current credit provider to the Client;
    • whether the credit provider is a licensee;
    • type of consumer credit;
    • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
    • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Contractoer has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
    • information that, in the opinion of the Contractoer, the Client has committed a serious credit infringement;
    • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  • The Client shall have the right to request (by e-mail) from the Contractoer:
    • a copy of the Personal Information about the Client retained by the Contractoer and the right to request that the Contractoer correct any incorrect Personal Information; and
    • that the Contractoer does not disclose any Personal Information about the Client for the purpose of direct marketing.
  • The Contractoer will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
  • The Client can make a privacy complaint by contacting the Contractoer via e-mail. The Contractoer will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.

 

  1. Cancellation
    • Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment) the Contractor may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor exercised its rights under this clause.
    • The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Client shall repay to the Client any sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.
    • In the event that the Client cancels the delivery of Goods or the provision of any Services then the Client shall be liable for any loss incurred by the Contractor (including, but not limited to, any loss of profits) up to the time of cancellation, or as a direct result of the cancellation.

 

  1. Equipment Hire
    • Equipment shall at all times remain the property of the Contractor and is returnable on demand by the Contractor. In the event that Equipment is not returned to the Contractor in the condition in which it was delivered the Contractor retains the right to charge the Client the full cost of repairing the Equipment. In the event that Equipment is not returned at all the Contractor shall have right to charge the Client the full cost of replacing the Equipment.
    • The Client shall;
      • keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
      • not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
      • keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by the Contractor to the Client.
    • The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, the Contractor’s interest in the Equipment and agrees to indemnify the Contractor against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

 

  1. General
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the Brisbane Courts of that state.
    • Subject to clause 2, the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price).
    • The Client agrees that the Contractoer may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Contractoer to provide Goods to the Client.
    • Where the Contractor is unable, wholly or in part, by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Contractor, including but not limited to any act of God, war, terrorism, strike, civil commotion, lock-out, general or partial stoppage, restraint of labour, industrial action, fire, flood, storm, etc. (“Force Majeure”) to carry out any obligation under this agreement and the Contractor gives the Client prompt notice of such Force Majeure with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform or be delayed in performing that obligation and uses all reasonable diligence to negate or remove that Force Majeure as quickly as possible, that obligation is suspended, so far as it is affected by Force Majeure, during the continuance thereof. The requirement that any Force Majeure shall be negated or removed with all reasonable diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the Contractor.
    • Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.