1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions of Service apply to all services carried out by Willaton Transport Pty Ltd.
1.2 By accepting Willaton Transport's quotation and giving authorisation for Willaton Transport to collect, transport or deliver, or to perform such other services as requested, the Customer accepts these Terms and Conditions.
1.3 These Terms and Conditions of Service apply and will prevail unless they are varied by Willaton Transport in writing prior to their acceptance by the Customer.
1.4 Willaton Transport will require each Customer to complete a Transport and Services Agreement. The Customer must notify Willaton Transport of any changes to their details.
2. Not a Common Carrier
Willaton Transport Pty Ltd is not a common carrier and will accept no liability as such. Willaton Transport reserves the right to refuse the carriage or transport for any person, corporation or company and the carriage or transport of any class goods at its sole discretion.
2.1 Willaton Transport does not accept any liability or risk for any loss or damage to goods whilst in transit or storage. Insurance cover for all goods transported is the sole responsibility of the Customer. Transport Services & Storage are subject to our standard trading conditions.
3. Chain of Responsibility
Willaton Transport and the Customer acknowledge and agree that each of them has obligations under the Chain of Responsibility Law.
4. Packaging and Delivery Arrangements
4.1 The Customer acknowledges and agrees that unless otherwise agreed in writing with Willaton Transport, the Customer will be responsible for packing the goods and ensuring that they are fit for carriage or storage and will be responsible for discharging any obligations under the Chain of Responsibility Law in respect of goods which the Customer (or its contractors and suppliers) have packed.
4.2 Willaton Transport may remove packaging to inspect the goods and may replace removed packaging with such packaging as it considers appropriate.
4.3 The Customer must ensure that the Delivery Address has adequate and safe access arrangements in order to ensure that Willaton Transport may deliver the goods and the Customer must advise Willaton Transport of any specific risks.
5. Dangerous Goods
5.1 The Customer must not present for transport or storage any liquids or Dangerous Goods without first presenting to Willaton Transport a full written description disclosing the nature of those goods.
5.2 Dangerous Goods must be packaged in accordance with the provisions of the Australian Dangerous Goods Code, irrespective of whether dangerous goods have been specified on the Consignment Note.
5.3 The Customer shall indemnify Willaton Transport against liability or expense that Willaton Transport incurs as a result of this Contract by the Customer, or of Willaton Transport accepting goods for carriage or storage that are Dangerous Goods or may become dangerous or offensive. The Customer shall compensate Willaton Transport for any loss or damage, howsoever caused by the Dangerous Goods to any property or goods whatsoever and indemnify Willaton Transport against all claims, demands, suits or actions made by the Customer or any third parties against Willaton Transport in relation to the carrying of such Dangerous Goods. Dangerous Goods is defined as any good which are prescribed determined to be dangerous under any Commonwealth, State or Territory Act or Regulations.
5.4 Willaton Transport may refuse to transport or provide storage in respect of any Dangerous Goods.
6. Pallets & Pooled Equipment
6.1 Willaton Transport does not accept transfers or any liability whatsoever for pallets or any other pooled equipment type unless prior written agreement with Willaton Transport has been obtained.
6.2 If a receiver does not hold hire pallet accounts, then plain pallets should be used. Willaton Transport will not return or exchange plain pallets.
6.3 Customers and any third parties' customers require Willaton Transport to work with must only use pallets and equipment which meet safe operating standards. If Willaton Transport determines that pallets or equipment do not meet a safe operating standard, we may refuse to use such equipment.
7. Insurance
The Customer is responsible for effecting insurance in respect of the shipment for a value and upon such terms as the Customer chooses.
8. Liability
8.1 Willaton Transport will not be liable if they do not fulfil any obligations towards the Customer as a result of;
(a) circumstances beyond the control of Willaton Transport, including but not limited to:
* Acts of God
* Force majeure
* National or local disruptions in air or ground transportation networks and
* Mechanical issues to modes of transport or machinery;
* Latent defects or inherent vice in the contents of the shipment
* Criminal acts of third parties such as theft or arson
(b) the Customer's act or omissions or those of third parties such as but not limited to being in breach of their obligations under these terms and conditions.
8.2 If it is found that Willaton Transport is liable for damage to or loss of the Goods or any part of the Goods, no claim for the loss or damage may be made unless notice of the claim is lodged in writing within 5 (five) days of the date of the delivery or, for non-delivery, within 7 (seven) days of the anticipated date of delivery, or in the case of storage, notice of the claim is lodged in writing within 5 (five) days after the period of storage has ended.
8.3 Failure to notify a claim within the time specified is evidence of satisfactory performance by Willaton Transport of its obligations.
8.4 Any right to damages against Willaton Transport that does exist shall be extinguished unless action is brought within 6(six) months from the date of this contract or the date the services were completed, or the date the services should have been completed, whichever date occurs first.
8.5 Without limiting any of the provisions of this agreement, to the extent permitted by law the liability of Willaton Transport shall be limited to one of the following, at the option of Willaton Transport:
* Providing the transport again
* Paying the cost of having the transport provided again; or
* Refunding the charges paid
9. Indemnity
The Customer agrees to indemnify Willaton Transport from and against all losses and expenses incurred by Willaton Transport as a consequence of the breach by the Customer of its obligations under these conditions or any warranty given by the Customer.
10. Quotations
10.1 Any quote for services of Willaton Transport remains valid for 30 (thirty) days from the date of the quote.
10.2 All charges and services applicable for the service will be in accordance with the quote. Unless otherwise stated, GST and other applicable taxes shall be added to the quoted price.
10.3 Willaton Transport will give notice of changes to the fuel surcharge and the date for the implementation of any changes as they change.
10.4 Rates do not include insurance unless otherwise quoted.
11. Payment
11.1 Invoices will be issued once the service has been completed.
11.2 Full payment must be made within 30 (thirty) days from date of invoice.
11.3 If the Customer wishes to contest an invoice, they must do so in writing within 14 (fourteen) days from the date of the invoice.
12. Late Payment
12.1 Accounts exceeding our normal payment terms of trade will be refused supply of goods and may be charged a late payment fee of 2% on the outstanding overdue balance.
12.2 Account which continue to exceed normal trading terms will revert to pre-Paid accounts.
12.3 If the payment remains outstanding, Willaton Transport may refer the matter to a debt collection agency. If collection and recovery action is undertaken, the Customer will be responsible for all expenses in relation to the collection of the outstanding amount including but not limited to all charges, fees and legal costs.
Willaton Transport shall not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in writing and signed by an Officer on behalf of Willaton Transport Pty Ltd.