Part A: Agreement
1. Who we are and definitions.
“Carrier”, “we”, “us” and “our” mean All Freight Carrying Pty Ltd (ACN 126 171 579) and Parcel Link Pty Ltd (ABN 19 630 696 221), each of their related bodies corporate, and, where the context allows, their employees, agents and subcontractors. Either entity may perform the Services.
“Customer” and “you” mean the person who requests a quote, makes a booking, tenders goods or pays for the Services, and include the consignor, the consignee where it engages us, and the owner of the goods. Where more than one person is the Customer, their obligations are joint and several.
“Goods” includes all packaging, pallets, skids, cages and containers tendered with them. “Services” means carriage, pickup, linehaul, sortation, cross-docking, storage, warehousing, hourly or dedicated vehicle hire, delivery and everything incidental to them. “Dangerous Goods” means goods within the Australian Dangerous Goods Code or that are, or may become, hazardous. “ACL” means the Australian Consumer Law. Headings are for convenience only, and “including” means “including without limitation”.
2. How you accept these conditions.
You accept these conditions, for yourself and on behalf of the owner of the goods and any person with an interest in them, when any of the following first happens: you tick the acceptance box on our quote request or booking form; you request or accept a quotation; you make a booking; you hand goods to us or allow them to be collected; or you otherwise use the Services.
Once accepted, these conditions govern the quote request and every quotation, booking, consignment, invoice and other dealing between us that follows from it, whether or not a consignment note is signed.
3. Entire agreement and our terms prevail.
These conditions, together with any quotation, booking confirmation, credit account terms and written agreement signed by us, form the entire agreement. They apply to the exclusion of any terms you put forward, including terms on your purchase orders, consignment notes or website, even if we sign or acknowledge them.
4. Changes to these conditions.
We may change these conditions by publishing a revised version on our website. For account customers, changes take effect 14 days after publication. The version published at the time of your booking applies to that booking. No other variation or waiver binds us unless it is in writing and signed by a director or executive officer of the Carrier. Staff, drivers and agents have no authority to vary these conditions.
5. Not a common carrier.
We are not a common carrier and accept no liability as one. We may refuse to carry any goods, or to provide Services to any person, at our discretion and without giving reasons, before or after acceptance. If we refuse after you have paid, we refund the charges for the Services not performed.
Part B: Quotes, bookings and charges
6. Quote requests and quotations.
A quote request is not a booking, and a quotation is not an offer to carry goods on any particular day. Quotations are based on the information you give us, including pickup and delivery addresses, freight type, quantity, dimensions, weight and frequency. They are valid for 14 days unless stated otherwise, exclude GST unless stated, and do not include insurance of the goods.
If the goods, sites or requirements differ from what you declared, we may re-rate the job at our then-current rates. We may correct any error in a quotation, including an error produced by our website, online calculator or systems, at any time before the goods are collected.
7. Bookings, cancellations and changes.
A booking is accepted when we confirm it in writing or collect the goods, whichever happens first. You must give us accurate pickup and delivery details, contact names and receiving hours.
You may cancel a booking without charge before our vehicle is dispatched for the pickup, provided you give us at least 4 business hours’ notice. After that, we may charge a futile pickup fee and any costs already incurred. Changes to a booking are re-priced on the changed details.
8. Charges, fuel levy and surcharges.
Charges are calculated on the greater of dead weight and cubic weight, converted at 250 kg per cubic metre, subject to any minimum charge. A fuel levy applies at the rate current on the day of carriage. Tolls, government charges and levies are passed through at cost.
Waiting time beyond 30 minutes at pickup or delivery, measured from when our vehicle reports for loading or unloading and not caused by us, is chargeable. So are tailgate services, residential deliveries, out-of-hours work, oversize or awkward freight handling, re-labelling, re-packaging, re-delivery, return, storage and any other additional service. These are charged at our then-current rates.
9. Hourly hire and dedicated vehicles.
Where we provide a vehicle and driver on an hourly or dedicated basis, time is charged from when the vehicle leaves our depot until it returns, rounded up to the nearest half hour, at the agreed rate for that vehicle. Any minimum hours apply. Delays beyond our reasonable control, including traffic, site queues, loading delays and breakdowns of your equipment, are charged at the same rate.
10. Re-weighing, re-measuring and misdeclaration.
We may weigh, measure, cube, scan or photograph any consignment, and our records are evidence of its weight and dimensions. If the actual profile differs from what you declared, charges are adjusted to the actual profile and a reasonable administration fee may apply. You are liable for all costs, risks and damage resulting from an incorrect declaration.
11. When charges are earned.
Charges are fully earned once the goods are collected or accepted for carriage. To the extent permitted by law, they are not refundable if the goods are lost, damaged, delayed, refused, returned or not delivered for reasons outside our control. We do not collect cash, cheques or other payments on delivery on anyone’s behalf.
Part C: The goods
12. Your warranties.
You warrant that: you own the goods or are authorised by their owner and every person with an interest in them to accept these conditions; the description, quantity, weight, dimensions, value and nature of the goods are accurate and complete; the goods are lawful to possess and carry and are not Dangerous Goods unless declared; the goods are properly packaged, labelled, palletised and restrained for road carriage and cross-dock handling; and every pickup and delivery site you nominate is safe and suitable. You are liable for all consequences of a breach of any warranty.
13. Packaging, labelling and pallets.
Goods must be packaged and labelled to withstand normal handling, stacking and transport in a road freight and cross-dock network, with every item clearly labelled with the delivery address. We may, but need not, re-package, re-stack or re-label inadequately prepared goods at your cost.
Pallets must be sound and of a standard size. Freight must not overhang the pallet unless agreed, and must be shrink-wrapped and strapped as required. We do not operate a pallet exchange or account for hired pallets (including CHEP and Loscam) unless agreed in writing. You are responsible for pallet transfer documentation and any pallet hire, loss or transfer charges.
To the extent permitted by law, we are not liable for loss or damage caused by inadequate packaging, labelling or palletising, or by the inherent nature or vice of the goods.
14. Dangerous Goods.
Dangerous Goods are carried only where they are fully declared in writing before booking, accepted by us in writing, and packaged, marked, documented and segregated in accordance with the Australian Dangerous Goods Code and all applicable laws. We may at any time refuse, hold, return, neutralise, destroy or dispose of undeclared or non-compliant Dangerous Goods at your cost and without compensation. You indemnify us against all loss, damage, clean-up costs, fines and penalties arising from Dangerous Goods tendered in breach of this clause.
15. Leaking, escaping and contaminating goods.
You must tell us before booking if the goods contain, or have ever contained, any liquid, fuel, oil, chemical, battery or other substance capable of leaking, escaping, discharging or giving off fumes. Goods of that kind are accepted only where we have agreed to carry them in writing, and where they have been drained of free liquid, purged where necessary, and their openings plugged, sealed and contained so that nothing can escape in handling, stacking, cross-docking or transport, and where they are presented on a sealed liner with absorbent material if we require it.
We may refuse, hold, isolate, repackage, return, clean, neutralise or dispose of any goods that leak, escape or threaten to, at your cost and without compensation. You indemnify us against all loss, damage, clean-up, disposal, decontamination and recovery costs, loss of use of vehicles, equipment or premises, fines, penalties and claims by any other person, arising from any leak, escape, discharge, odour or contamination from your goods, whether or not the goods are Dangerous Goods and whether or not we accepted them.
16. Goods we do not carry.
Unless we agree in writing first, we do not carry: refrigerated or temperature-controlled goods; perishable goods; engines, machinery, vehicles, equipment or containers that hold, or have held, fuel, oil or other fluids, unless they have been drained, purged and sealed and we have agreed to carry them in writing; livestock or animals; cash, securities, gift cards, bullion, jewellery, precious metals, artworks or antiques; firearms, ammunition or explosives; tobacco or liquor in excess of trade quantities; personal effects or household removals; or any goods prohibited by law. Goods tendered in breach of this clause travel entirely at your risk, and we may hold, return or dispose of them at your cost.
17. Perishable goods.
Where we agree in writing to carry perishable goods, they are carried at your risk. If they cannot be delivered, or begin to deteriorate, we may sell or dispose of them immediately without notice and at your cost, accounting to you for any net proceeds.
18. Inspection.
We and any government authority may open and inspect any consignment and its documents at any time to verify its contents, weight, ownership, compliance or destination.
19. Unlawful goods and sanctions.
You must not tender goods that are unlawful, stolen, counterfeit or subject to sanctions or export controls. We may refuse, detain or hand over such goods to the relevant authority and report the matter, without liability to you.
Part D: Carriage, sites and delivery
20. How we perform the Services.
We may perform the Services by any route, method, vehicle, depot or mode we consider appropriate. We may deviate from any usual route, consolidate the goods with other freight, store them in transit at any facility, and change the method of carriage even if you have instructed otherwise.
21. Subcontracting and protection of others.
We may subcontract all or any part of the Services on any terms, including interstate linehaul performed by partner carriers. Every exclusion, limitation, right, immunity and indemnity in these conditions extends to, and is held by us on trust for, each of our employees, agents and subcontractors and their employees and agents. You must not make any claim against any of them in connection with the goods or the Services. If you, or anyone claiming through you, does, you indemnify us and them against the consequences.
22. Transit times.
Delivery days, service schedules and transit times are estimates given in good faith, not guarantees, and time is not of the essence. To the extent permitted by law, we are not liable for any delay or its consequences, however caused. For claims purposes only, a consignment is not treated as lost until 10 business days after its estimated delivery date.
23. Sites, access and safety.
You must ensure that every pickup and delivery site has safe, lawful and adequate access for the vehicle reasonably required for the goods, including suitable driveways, turning space, overhead clearance and ground conditions, and that any required inductions, permits, gate codes and site rules are provided in advance. Our drivers may decline to enter a site, or to load or unload, where they reasonably consider it unsafe. The attempt is then treated as futile.
24. Damage to sites and property.
To the extent permitted by law, we are not liable for damage to driveways, kerbs, footpaths, lawns, gardens, gates, fences, walls, awnings, overhead structures, floors or other property at or near a pickup or delivery site that results from our vehicle accessing, turning on or using the site where the access was required or directed by you or the receiver, or the site was not suitable for the vehicle reasonably required. You indemnify us against claims by the owner or occupier of the site for such damage.
25. Loading and unloading.
Unless we agree otherwise in writing, you and the receiver must provide the labour, forklifts and equipment needed to load and unload the goods safely and promptly. Where our driver helps with loading or unloading, or uses equipment provided at the site, this is done at your risk and as your agent. Where you or your contractors load, pack or restrain goods in or on our vehicle, you are responsible for the load being safe and compliant.
26. Tailgate and residential deliveries.
Tailgate services must be requested when booking and are subject to the goods being within the tailgate’s rated capacity and dimensions. Deliveries using a tailgate, and residential deliveries, are made at ground level to the front door, kerbside or nearest safe point accessible by the vehicle. We do not carry goods inside, up or down stairs, or into rooms, and we do not unpack, assemble or install goods or remove packaging.
27. Delivery, proof of delivery and authority to leave.
Delivery is complete when the goods are delivered to the address given to us, to any person at that address who appears to have authority to receive them, or in accordance with an authority to leave. Where you, the sender or the receiver authorise us to leave goods unattended, or standing instructions allow it, the goods are left at the receiver’s risk, and you indemnify us against any claim arising.
A receipt, signature, electronic scan, GPS position, time stamp or photograph obtained by us is conclusive evidence of delivery and its time. Electronic records and signatures have the same effect as paper documents.
28. Futile attempts, redelivery, storage and returns.
A pickup or delivery is futile where it fails because of an incorrect or incomplete address, goods not ready or not as declared, an unavailable or unwilling receiver, a closed site, refusal of the goods, or an unsafe or unsuitable site. Futile attempts are chargeable at the full applicable rate. Redelivery, return to sender, further attempts and storage are at your cost. Goods held after a futile delivery are stored at the owner’s risk. The first 72 hours of depot storage are free, after which storage is charged at our then-current rates.
29. Uncollected and abandoned goods.
Where goods cannot be delivered or returned, we will ask you in writing for instructions. If workable instructions are not given, or the goods are not collected, within 21 days of our notice, the goods are treated as abandoned. We may then sell or dispose of them by any method, apply the proceeds to amounts owed to us and to the costs of storage and sale, and account to you for any surplus.
30. Storage and warehousing.
Where we store goods, other than in transit, they are stored at the owner’s risk. Storage, handling, pick-and-pack and stocktake labour are charged at our then-current or agreed rates. Stocktake variances are adjusted at cost price only, and only where the variance is caused by our proven negligence and cannot lawfully be excluded. We may require you to remove stored goods on 14 days’ written notice, and may move stored goods between our facilities.
31. Chain of Responsibility.
Each party must comply with its duties under the Heavy Vehicle National Law. In particular, you must give accurate mass, dimension and load information, ensure goods you load, pack or restrain are safe and compliant, and ensure your requests and delivery windows do not require a driver to breach speed, fatigue, mass, dimension or load restraint laws. We may refuse, delay or reschedule any work to comply with the law, without liability to you.
Part E: Risk, liability, insurance and claims
32. Risk in the goods.
Goods are collected, carried, handled, stored and delivered at the owner’s risk, and remain at the owner’s risk at all times while in our possession, custody or control or that of our subcontractors.
33. Liability and the Australian Consumer Law.
Nothing in these conditions excludes, restricts or modifies any guarantee, right or remedy under the ACL, the Carriage of Goods by Land (Carrier’s Liability) Act 1967 (Qld) or any other law that cannot lawfully be excluded, restricted or modified.
Subject to that, to the extent permitted by law, we exclude all liability, whether in contract, tort (including negligence), under statute or otherwise, for any loss of, damage to, deterioration, contamination, mis-delivery, non-delivery or delay of goods, and for any other loss arising from the Services, however caused.
Where our liability cannot be excluded but can be limited, it is limited, at our option, to supplying the Services again or paying the cost of having them supplied again. In any case, it is capped at the carriage charges paid for the consignment concerned, unless we have agreed in writing to a higher limit and you have paid any additional charge for it. These exclusions and limits apply even if we have been negligent, and continue to apply despite any breach of these conditions by us.
34. Consequential loss.
To the extent permitted by law, we are not liable for any consequential, indirect, special or economic loss, including loss of profit, revenue, sales, production, contract, goodwill or opportunity, business interruption, liquidated damages or penalties payable to others, however arising. This clause does not limit your payment and indemnity obligations to us.
35. Insurance.
We do not insure your goods, and our charges do not include insurance. You should hold your own transit insurance for the full value of the goods. We will arrange specific cover only if you instruct us in writing before collection, declare an accurate description and value, and pay the premium. Our responsibility is then limited to the cover actually arranged.
36. Claims.
Any claim must be made in writing within 7 days of delivery, or, for goods treated as lost, within 7 days of the date they are treated as lost under the Transit times clause. The claim must include the consignment number, a description of the loss or damage, photographs, and evidence of the value claimed. Damaged goods and their packaging must be kept for our inspection.
Receiving goods without noting damage on our proof of delivery is evidence that they were delivered in good condition. No claim may be brought unless written notice is given within these time limits, and any proceeding must be commenced within 6 months of the date of delivery or of the date the goods are treated as lost. This clause does not limit any right you have under the ACL.
37. No set-off.
You must pay our charges in full and may not withhold, set off or deduct any amount on account of a claim, whether or not the claim has been accepted. We may set off any amount we owe you against any amount you owe us.
Part F: Payment and security
38. Payment.
Customers without an approved credit account must pay the quoted charges in full before collection, or, where we agree, before delivery. Any additional charges, including waiting time, delays, re-weigh or re-measure adjustments, futile attempts, redelivery, storage, tailgate or other incidental services, must be paid before the goods are delivered. If delivery has already taken place, they must be paid within 24 hours of delivery. We may hold the goods, and decline to deliver them, until all charges are paid.
Credit terms apply only to customers with an approved credit account. Account customers must pay in accordance with their approved credit terms, or, if none are specified, within 14 days of the invoice date. We may vary, suspend or withdraw credit at any time, including if an account is overdue, and may then require payment before collection or delivery.
If you direct charges to a third party and that party does not pay when due, you must pay on demand.
39. Interest, recovery costs and GST.
Overdue amounts accrue interest at 10% per annum, calculated daily, until paid. You must pay our reasonable costs of recovering overdue amounts, including mercantile agent and legal costs on a full indemnity basis. All amounts are exclusive of GST unless stated, and GST is payable in addition on taxable supplies against a tax invoice. All payments must be made without deduction or withholding.
40. Credit accounts and guarantees.
Credit accounts are subject to our credit application, which may require personal guarantees from directors, and you authorise us to obtain credit information about you for that purpose. These conditions apply to every account in addition to the credit account terms.
41. Lien.
We have a general and particular lien over the goods, all documents relating to them, and any other goods of yours in our possession, for all amounts you owe us on any account. If an amount remains unpaid 21 days after we give you written notice of the lien (or immediately, for perishable goods), we may sell or dispose of the goods by public auction or private sale. We apply the proceeds to the debt and the costs of storage and sale, and account to you for any surplus. Storage while we exercise our lien is at your cost and the owner’s risk.
42. Personal Property Securities Act.
These conditions and our lien create a security interest in the goods and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), which we may register. You must do anything we reasonably require to perfect that interest. To the extent the PPSA permits, the parties contract out of the provisions listed in section 115(1). You waive your right to receive any notice under the PPSA, including under section 157, and neither party will disclose information of the kind referred to in section 275(1).
Part G: General
43. Indemnity.
You indemnify us, our employees, agents and subcontractors against all liability, loss, damage, cost and expense, including legal costs on a full indemnity basis, arising from: any breach of these conditions or of your warranties; inaccurate or incomplete declarations; the nature, condition, packaging or labelling of the goods; Dangerous Goods tendered in breach of these conditions; access to or conditions at any site you nominate; and any claim by a third party, including the owner or receiver of the goods, the occupier of a site, or another customer whose goods are damaged by yours, in connection with the Services. This indemnity does not apply to the extent the loss is caused by our fraud or wilful misconduct.
44. Force majeure.
We are not liable for any failure or delay caused by events beyond our reasonable control. These include extreme weather, flood, fire, road closures, accidents and breakdowns not caused by our negligence, epidemics, government directions, industrial action, shortages of fuel or labour, and failures of power, telecommunications or computer systems, including cyber incidents. We will not put our people at risk, and we will communicate with affected customers and resume the Services as soon as practicable.
45. Website, tracking and online tools.
Information on our website, including service areas, service days, transit times, the suburb checker, cubic and chargeable weight calculations and tracking information, is a general guide only and may change without notice. To the extent permitted by law, we are not liable for any error in, or interruption to, our website, online forms, tracking or systems, or for any loss arising from reliance on them.
46. Privacy.
We collect and handle personal information, including names, contact details, delivery addresses, signatures and delivery photographs, in accordance with the Australian Privacy Principles. We use it to provide quotes and the Services, process payments, manage credit and meet our legal obligations. Delivery information may be shared with the sending customer and with partner carriers performing any part of the carriage.
47. Electronic communications.
Quotations, bookings, consignment notes, notices, invoices and proof of delivery may be given, accepted and signed electronically. A notice may be given by email to the last email address you gave us, and is received when sent unless the sender receives notice of non-delivery.
48. Disputes.
Before starting any proceedings, other than for urgent relief or recovery of unpaid charges, a party must give written notice of the dispute, and the parties must meet and negotiate in good faith for at least 14 days to try to resolve it.
49. General.
We may assign or novate our rights and obligations on notice to you. You may not assign yours without our written consent. Our failure or delay in enforcing a right is not a waiver of it. If any provision is void, unenforceable or illegal, it is read down or severed, and the rest of these conditions continues in force. Every exclusion, limitation and indemnity in these conditions survives the completion of the Services and the termination of any agreement.
50. Governing law.
These conditions are governed by the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
