Terms and Conditions

1. Definitions

In these terms and conditions:

Account Application means the credit application form found on the Website that each Customer must complete before the Company will provide a Quotation and/or deliver the Services.

Charges means the fee for Services payable by the Customer calculated by the Company and delivered toe the Customer via the Quotation.

Company means The Freight Collective Pty Ltd ABN 22 658 021 142.

Customer means the party entering into the contract for carriage of Goods with the Company and, without limitation includes the sender or receiver of the Goods, any party requesting the Third Party Provider to provide the Services and any agent, representative or employee of the Customer.

Reference to you or your is a reference to the Customer. Dangerous Goods means goods of a hazardous, noxious, offensive, volatile, inflammable or explosive nature or goods the carriage of which is illegal, prohibited or restricted by any law of the Commonwealth of Australia or any State or Territory therein by reason of the content, packaging, labelling or other feature of the Goods.

Goods means the goods the subject of the Services and includes any machinery, machinery parts, equipment, container, packaging, pallets or handling equipment supplied by or on behalf of the Customer.

Person includes natural persons, companies, limited partnerships, government or other statutory authorities or instrumentalities and any other legal entity known at law.

Quotation or Quote means any quote for the Services provided to the Customer by the Company via the Website.

Request for Quotation means the Customer’s request to the Company to provide the Quotationcompleted via the Website. Services means all of the services provided by the Third Party Provider via the Company for the Customer in connection with the Goods as set out in the Quotation or as otherwise agreed between the parties and, without limitation, may include carriage and/or storage of the Goods which are better
described on the Website.

Third Party Provider means any Person who, pursuant to a contract or arrangement with any other performs or agrees to perform the Services or any part of the Services detailed in the Quotation. 

Website means the website for the Customer to access and obtain the Quotation for the Services and complete an Account Application located at https://thefreightcollective.au/

2. Acceptance of Terms

2.1

You agree that you shall be bound by these terms and conditions (Agreement) in relation to your use of the Website and our provision of the Services as set out in this Agreement. Please read this Agreement carefully as it contains important information about your rights and responsibilities when using the Website and Services.

2.2

You agree that you shall be bound by these terms and conditions (Agreement) in relation to your use of the Website and our provision of the Services as set out in this Agreement. Please read this Agreement carefully as it contains important information about your rights and responsibilities when using the Website and Services.

3. The Services

3.1

You agree that you shall be bound by these terms and conditions (Agreement) in relation to your use of the Website and our provision of the Services as set out in this Agreement. Please read this Agreement carefully as it contains important information about your rights and responsibilities when using the Website and Services.

3.2

You agree that you shall be bound by these terms and conditions (Agreement) in relation to your use of the Website and our provision of the Services as set out in this Agreement. Please read this Agreement carefully as it contains important information about your rights and responsibilities when using the Website and Services.

4. Creating an Account

4.1

You are required to complete and submit an Account Application (for credit purposes) on the Website (Account) in order to use some or all of the Services.

4.2

When you create an Account with the Company you agree:

4.2.1

the Company does not guarantee that the Website and Services will always be accurate, reliable, or error-free; and

4.2.2

that all information provided by you to the Company in the setup of the Account is true and correct in every detail; and

4.2.3

that you will only use the Account for the purposes of using the Services, and for no other purpose.

5. Exclusion as Common Carrier

5.1

The Company and the Third Party Providers are not a common carrier and accept no liability as such. The Company and the Third Party Providers reserve the right to refuse the carriage of Goods for any Person and for the carriage of any classes of goods, at its discretion.

6. Third Party Provider

6.1

The Customer authorises the Company (at the Company’s discretion) to sub-contract the whole or any part of the Services and this authorisation extends to the engagement of any Third Party Provider who provides the Services on behalf of the Customer.

6.2

Any provision in these terms and conditions excluding or limiting the liability of the Company or providing any relief or exemption from liability, to the Company, shall also extend to all Third Party Providers.

7. Carriage and Delivery

7.1

The method or methods of undertaking the Services shall be at the discretion of the Company or Third Party Provider and the Customer authorises the Company or Third Party Provider to adopt any method irrespective of whether the Customer has otherwise instructed the Company or Third Party Provider to undertake the Services by a particular method.

7.2

The Company or Third Party Provider is authorised to deliver the Goods at the address nominated by the Customer to the Company or Third Party Provider for that purpose via the Quotation.

7.3

If any such nominated place of delivery is unattended when delivery is attempted, or if for any other reason the Third Party Provider is unable to effect delivery of the Goods or is delayed in so doing, the Third Party Provider shall be entitled to handle and store the Goods in such manner as it may in its reasonable discretion determine, and shall be entitled to make a reasonable charge in respect of such handling and/or storage and subsequent delivery of the Goods, and the Customer shall meet such reasonable charge as the Company or Third Party Provider may make and indemnify the Company for any other costs or expenses incurred by the Company on behalf of the Customer.

7.2

When you create an Account with the Company you agree:

7.4.1

If the delivery method for the Goods is rail and the delivery address is a location where the Third Party Provider does not have depot or other infrastructure, the Company or Third Party Provider will be taken to have delivered the Goods if left at the nearest railhead.

7.4.2

The Third Party Provider may consolidate the Goods for transport, with other Goods, including by the use of containers, pallets or rail wagons.

7.4.3

If any identifying document or mark on the Goods is lost, damaged or destroyed the Third Party Provider may open the Goods or any container or other method of conveyance utilised to inspect.

7.4.4

The Company or Third Party Provider shall be entitled to charge a reasonable fee in respect of any delay in loading or unloading occurring otherwise then from fault on the part of the Company or Third Party Provider.

7.4.5

The Company acts as agent on behalf of the applicable Third Party Providers in providing access to facilitate the Services. The Service is provided by the Third Party Provider selected at the time of finalising the booking via the Website. The Company is not responsible for subsequent changes to the Third Party Providers scheduled estimated time of arrival of Goods or any other representation made by a Third Party Provider with respect to the Services.

8. Qualification to Quotations

8.1

No Quotation will bind the Company unless it is given to the Customer by the Company.

8.2

The parties acknowledge that in respect of the charges:

8.2.1

Charges for the provision of the Services are dependent upon the information provided by the Customer via the Website and any other information provided by the Customer to the Company.

8.2.2

Customers must check all information on Quotations before accepting the Quote which once accepted is final and binding on the Customer.

8.2.3

Where the Customer provides information which is inaccurate, the Third Party Provider will be entitled to charge based on its standard rates for the Services actually provided, even if this results in the invoicing of Charges in excess of those contained in any Quotation accepted by the Customer.

8.3

The provisions of this clause shall continue to apply even if the Company has billed the Customer and been paid before the inaccuracies are ascertained by the Company or conveyed to the Company by the Third Party Provider and in any such circumstances the Company may render a further Charge to the Customer.

8.4

In the event that an agreement for the carriage of the Goods is not based on a fixed amount (subject to variation in accordance with this agreement) then the following shall apply (subject to agreement to the contrary):

8.4.1

Freight will be paid at the hourly rate specified in the Quotation.

8.4.2

Demurrage (if applicable) will be charged at the rate charged to the Company directly or indirectly by any railway or shipping authority or other freight provider.

8.4.3

If any of the Goods are or become under custom’s control, all custom’s duty, excise duty and costs (including any fines or penalties) the Company or Third Party Provider becomes liable to pay or pays will be paid by the Customer or reimbursed by the Customer to the Company at cost.

8.5

Where, in the course of providing the Services, the applicable rate or rates of the Third Party Provider are increased (or discounted rates offered to the Company by the Third Party Provider are reduced) the Company will be entitled to pass on the direct extra cost of such increase to the Customer.

9. Condition of Goods

9.1

No Quotation will bind the Company unless it is given to the Customer by the Company.

9.2

Any Quotation provided is made on the basis that the Goods are not Dangerous Goods unless otherwise expressly agreed in writing.

9.3

The Customer warrants and represents to the Company and Third Party Providers that:

9.3.1

the Goods are fit for carriage and have been suitably packaged for such purposes;

9.3.2

the Customer has arranged any insurances the Customer deems necessary for the Services;

9.3.3

the Customer has the authority of all persons owning or having any interest in the Goods to enter into this agreement on their behalf;

9.3.4

the details of description of the Goods generally including equipment, items, pallets base, quantity, weight, quality value and measurements supplied by the Customer (as applicable) are accurate and correct;

9.3.5

there is suitable practical road and approach access to the place from which the Goods are to be collected to the place in which the Goods are to be delivered (where applicable);

9.3.6

the Customer accepts responsibility for loading and unloading of any Goods that consist of machinery for which a license to operate such Goods is required;

9.3.7

the Third Party Provider delivering Goods for carriage is authorised to do so by the Customer.

9.4

The Third Party Provider is authorised to open any document or container (of whatever description) in which the Goods are placed or carried to determine the nature or condition of the Goods or their ownership or destination.

9.5

If, in the Third Party Provider’s reasonable opinion the Goods are or are liable to become Dangerous Goods, the Third Party Provider may at the Customer’s cost destroy, dispose of or render harmless the Goods without a requirement to compensate the Customer and the Company is not liable to the Customer in any way for any such action taken by the Third Party Provider.

10. Dangerous Goods

10.1

Except in the circumstances shown in conditions 10.2 and 10.3 below the Company does not carry, nor perform other services regarding goods which are or are in our sole opinion Dangerous Goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.

10.2

The Third Party Provider may at their discretion accept Dangerous Goods for carriage. If a Third Party Provider accepts Dangerous Goods for carriage as part of the Services, such Dangerous Goods will only be accepted by the Third Party Provider if they comply with the applicable regulations, codes and technical instructions (as referred to in condition 10.1) and the Third Party provider’s requirements.

10.3

Whether or not the Customer has declared that the shipment contains Dangerous Goods, the Customer agrees that if the Third Party Provider considers on reasonable grounds that the shipment may cause injury or damage, they may do anything appropriate to minimize or avoid such injury or damage, including disposing of or destroying such Dangerous Goods, at the Customers cost and the Company is not liable for any loss or damage suffered by the Customer for actions taken by the Third Party Provider under this clause.

10.4

The Customer must ensure and hereby certifies by completing any consignment note or tendering a shipment that the Goods do not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. The Customer must give the Company a full description of the contents of the Goods on the consignment note and any other accompanying document, and the Customer’s responsibilities and liabilities are not extinguished by providing this information.

10.5

Goods carried, or handled, by a Third Party Provider may be subject to security screening which could include the use of X-ray, explosive trace detection and other security screening methods and the Customer accepts that the Goods may be opened and the contents of the Goods may be examined in transit.

10.6

The Customer declares that they have prepared the Goods for carriage and that the Goods have been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by the Third Party Provider.

10.7

The Third Party Provider may be required to and the Customer hereby authorises the Company to share information, including personal data about the Customer’s Goods with the shipment destination country authorities or transit country authorities for customs and/or security reasons.

11. Trading Terms and Payment

11.1

Unless otherwise stated on the Website, the Company’s trading terms are strictly seven (7) days from the date of invoice issued to you via the Website. Payment of the Charges must be made by the Customer to the Company in cleared funds and in full without any deduction or set off within the nominated timeframe.

11.2

Payment of the Charges must be made to or at the direction of the Company to its nominated bank account.

11.3

Where it is agreed via the Website that the Charges will be paid by a third party on behalf of the Customer, the Customer remains principally liable for charges incurred and will indemnify the Company against any loss resulting from non-payment of the Charges by the third party and, without limiting the generality, the Customer agrees that if or in so far as the Charges are not paid by the third party, they will be payable by the Customer on demand.

11.4

If the Charges are not paid on the due date for payment, interest will accrue on the unpaid Charges at a rate equal to the overdraft rate of the Company’s principal financier for overdrafts above $100,000.00 plus a margin of 3%.

11.5

Charges may also include the following categories of fees and charges:

11.5.1

credit card payment surcharge;

11.5.2

where the Customer requests a copy of the contract or some other relevant document or information from the Company concerning the carriage of the Customer’s Goods;

11.5.3

retrieval from archive of any document requested by the Customer;

11.5.4

the recovery of overdue Charges and any other monies owing including debt collection fees and all other legal and administrative costs incurred (on an indemnity basis);

11.5.5

the storage, security and other services required for the Goods when delivery details or other information is inaccurate.

11.6

Where the Customer overpays an account or is otherwise provided a credit, any such overpayment or credit will, in the first instance, offset any amount owing on a Customer’s account and thereafter, will be available, only, as a credit against future Services to be provided by the Company to the Customer. Any such credit must be used within 12 months of the date it is granted but will thereafter lapse.

11.7

Claims by a Customer for an account credit must be made in accordance with the Third Party Provider’s terms and conditions of carriage. Third Party Providers have strict processes and time frames to lodge a claim and the Customer is responsible for ensuring that it complies with such terms. The Company is not liable for and loss or damage arsing out of a claim that is rejected by the Third Party Provider for a failure to comply with the relevant terms and conditions.

11.8

The Company has loss and damages policies which are located on the Website. The Customer must familiarise themselves with the content, process and timeframes to make a claim for loss or damage of Goods.

11.9

In addition to these terms, Third Party Providers may impose (and the Customer must comply with) their own terms and conditions in relation to their services. The Customer is responsible for obtaining such terms and conditions from the Third Party Provider.

12. Risk

12.1

All Goods are carried at the Customer’s risk.

12.2

If the Services include or result in the storage of the Goods by the Third Party Provider then all Goods are stored at the Customer’s risk.

13. Insurance

13.1

The Customer shall be responsible for obtaining its own insurance for the Goods whilst they are in the possession or control of the Third Party Provider and any expense of such insurance shall be borne by the Customer.

13.2

The Company will not affect any insurance of the Goods unless otherwise expressly agreed in writing. Without limiting the generality of this clause the Company will not affect insurance whilst Goods are in storage.

14. Loss or Damage

14.1

The Company and/or Third Party Provider shall not be liable for any loss or damage to or failure to deliver or delay in delivery or mis-delivery of the Goods or any such loss arising from storage of the Goods howsoever caused and irrespective of the circumstances in which such loss, damage, failure to deliver, delay in delivery or mis-delivery may have occurred and notwithstanding that the same may have been due to or arisen as a result of any breach of contract or negligence or wilful act or omission or misconduct on the part of the Company and/or the Third Party Provider or any of its servants or agents or any other person.

14.2

This exclusion of liability extends to include not only loss of or damage to the Goods, but loss, damage or injury to any person, property or thing damaged during or in the course of the provision of the Services, and to any indirect or consequential loss arising from such loss, damage or injury or from failure to deliver, delay in delivery or mis-delivery.

14.3

All the rights, exclusions and limitations of liability in these conditions shall continue to have full force and effect notwithstanding any breach of this contract by the Company or any other person entitled to the benefit of such provisions.

14.4

Notwithstanding the foregoing, where legislation implies in these terms any condition or warranty, in that legislation prohibits provisions in a contract modifying or excluding the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these terms. However, the liability of the Company for any breach of such condition or warranty shall be limited to one or more of the following in the sole and absolute discretion of the Company:

14.4.1

supplying of the Services again; or

14.4.2

payment of the costs of having the Services supplied again.

15. GST

15.1

To the extent that a supply of Services provided by the Company, or any other supply made under or pursuant to these terms, is a taxable supply as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), the Company will increase its price in respect of the supply it makes by the amount of GST payable on the supply.

16. Lien

16.1

Goods are received and held by the Third Party Provider subject to:

16.1.1

a lien for money due to the Company for the Services or any proper Charges or expenses upon or in connection with the Goods; and

16.1.2

a general lien for all money or charges due to the Company from the Customer for any Services rendered by the Company to the Customer.

16.2

The parties agree that the lien referred to in this clause attaches to the Goods when the Goods are accepted by the Company to provide the Services.

17. General

17.1

These terms are governed by the laws of Queensland and the parties submit to the jurisdiction of the Queensland courts.

17.2

Words importing the singular include the plural, and words importing one or more genders include all genders.

17.3

The Company and/or Third Party Provider will not be or be deemed to be in default or breach of this agreement as a result of the effects of force majeure. Force majeure will include (but is not limited to) any fire, flood, strike, civil disturbance, theft, crime, act of war or other matter beyond the control of the Company and/or Third Party Provider.

17.4

Any part of these terms being the whole or a part of a clause shall be capable of severance without affecting any other part of these terms.

17.5

Waiver by the Company of any breach by the Customer of any of these terms shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any other contractor subsequent breach.

17.6

Where the Customer overpays an account or is otherwise provided a credit, any such overpayment or credit will, in the first instance, offset any amount owing on a Customer’s account and thereafter, will be available, only, as a credit against future Services to be provided by the Company to the Customer. Any such credit must be used within 12 months of the date it is granted but will thereafter lapse.

17.7

Claims by a Customer for an account credit must be made in accordance with the Third Party Provider’s terms and conditions of carriage. Third Party Providers have strict processes and time frames to lodge a claim and the Customer is responsible for ensuring that it complies with such terms. The Company is not liable for and loss or damage arsing out of a claim that is rejected by the Third Party Provider for a failure to comply with the relevant terms and conditions.

17.7.1

upon receipt of the written notice delivered personally;

17.7.2

at the time when in the ordinary course of postage it should have been delivered;

17.7.3

if sent by electronic communication immediately after transmission unless the sender receives a notice of non-delivery or delayed delivery; and

17.7.4

if notice by electronic communication is sent on a non-business day or after 4:00pm on a business day, it shall be deemed received at 9:00am on the next following business day.

17.8

This agreement contains the entire understanding of the parties as to its subject matter. There is no other understanding, agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to this agreement or binding on the parties with respect to the Services or the matters to which this agreement relates. The Company will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Company.

17.9

On submitting an Account Application, the Customer agrees that the Company can make any enquiries it deems necessary to investigate the Company’s credit worthiness including undertaking enquiries with financial institutions, credit reporting agencies, any personal credit and/or consumer credit information providers (the sources). The Customer authorises the sources to disclose any information concerning its credit worthiness in their possession to the Company. The Customer agrees that the Company may disclose any information in its possession concerning the Company’s credit worthiness to its solicitors.

18. Liability

18.1

Non Excludable Obligations

18.1.1

Certain laws imply terms (Non-excludable Obligations) into contracts for the supply of goods or services that cannot be excluded.

18.1.2

the Company makes no representations, warranties or guarantees in relation to the Services; and

18.1.2.1

Except in relation to Non-Excludable Obligations:

18.1.2.3

all warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law.

18.2

Exclusions

18.2.1

To the maximum extent permitted by law, the Company excludes all liability (including for negligence) for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.

18.2.2

To the maximum extent permitted by law, the Company is not responsible or liable (including for negligence) to the Customer for:

18.2.2.1

To the maximum extent permitted by law, the Company is not responsible or liable (including for negligence) to the Customer for:

18.2.2.2

any failure or delay on the part of any Third Party Provider in providing a service to you where your consignment has been properly processed;

18.2.2.4

any acts or omissions of Third Party Providers in the course of delivery of any Service, except to the extent that responsibility for those matters may be imposed on the Company by legislation that cannot be excluded.

19. Changes to this Agreement

19.1

The Company may amend this Agreement from time to time to comply with any regulatory requirements or if there are changes to our business practices. The Company will try where reasonably possible to notify the Customer of any material changes to this Agreement, however, every time the Customer uses the Website, you are deemed to have accepted the terms that apply at that time. The Customers use of the Website and acceptance of the Services will be subject to the most recent version of the Agreement available on the Website. The Company recommends that the Customer reads through the Agreement available on the Website regularly so that the Customer can be sure they are aware of any changes that may apply to them.