Standard Terms and Conditions of Transport Services

1. Terminology

For the purposes of these terms and conditions:

“Customer” refers to any individual, organisation, or entity that engages or contracts the Company for transport services, including their authorised representatives and successors;

“Company” refers to [Company Name] Pty Ltd, its employees, representatives, subcontractors, authorised agents, and any related entities under its control;

“Transport Services” encompasses all transportation, delivery, logistics, warehousing, handling, and associated activities undertaken or arranged by the Company in the course of business;

“Items” refers to any materials, products, goods, merchandise, or cargo of any description whatsoever entrusted to the Company for transport, whether specified in the original agreement or subsequently added, including all packaging and containers.

2. Interpretation

Throughout this document and in its practical application:

(a) All terms shall be interpreted such that:

i) singular expressions include plural meanings and vice versa;

ii) references to one gender include all genders;

iii) headings are for convenience only and do not affect interpretation;

(b) Where multiple parties are involved, their obligations are both joint and several, meaning each party is independently liable for the full extent of the obligations;

(c) Defined terms extend to their grammatical variations and cognate expressions;

(d) References to:

i) a person encompass individuals, businesses, organisations, government bodies, statutory authorities, trusts, partnerships and other entities (whether or not having separate legal personality);

ii) any party includes their authorised representatives, successors, administrators, executors and permitted assigns;

iii) legislation includes all related regulations, modifications, consolidations and replacements, and any subordinate legislation or regulations issued under that legislation.

3. Service Classification and Scope

The Company expressly operates as a private carrier and not as a common carrier. This fundamental distinction means we maintain the absolute and unfettered right to accept or decline transport services to any party at our sole discretion, without the obligation to provide reasons for such decisions. Our selective service model enables us to maintain high service standards for our chosen customer base.

4. Limitation of Liability

The Company expressly disclaims and accepts no responsibility for any claims, losses, damages, injuries, costs, or expenses relating to damage, loss, delay, mis-delivery or non-delivery of Items, regardless of whether such occurrences are caused by Company negligence, third-party actions, or any other cause. This comprehensive limitation includes, but is not limited to, circumstances arising from:

(a) Customer actions or omissions;

(b) Natural disasters, severe weather events, or acts of nature;

(c) Military conflicts, hostilities, or warfare (whether declared or undeclared);

(d) Industrial action, strikes, or labour disputes;

(e) Civil unrest, riots, civil disobedience, or public disturbance;

(f) Facility damage, equipment failure, or mechanical breakdown;

(g) Cyber attacks, IT system failures, or communications disruptions;

(h) Regulatory interventions or changes in law;

(i) Any other circumstances beyond reasonable Company control.

5. Customer Indemnification

The Customer hereby agrees to fully protect, indemnify and hold harmless the Company, its officers, employees, and agents against any and all claims, losses, damages, injuries, delays, legal actions, and associated costs (including legal fees on a full indemnity basis) arising from:

(a) Customer actions, errors, or omissions in relation to the Transport Services;

(b) Breach of these terms and conditions;

(c) Violation of any applicable laws or regulations;

(d) Third-party claims relating to the Items or Transport Services;

(e) Any consequential or indirect losses suffered by any party.

6. Agreement Scope and Integration

Transport Services are provided exclusively under these terms and conditions, together with any statutorily mandated terms that cannot be excluded by law. This document constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether oral or written. Any modifications must be agreed to in writing by authorised representatives of both parties.

7. Risk Allocation and Insurance Cover

TM Heavy Haulage maintains Public Liability Insurance up to $20 million and Cargo Insurance up to $500,000. Customers are welcome to arrange their own additional insurance coverage at their discretion, particularly if the value of the goods exceeds the Company’s cargo insurance limits or requires specific protection.

8. Hazardous Materials and Dangerous Goods

The Customer must provide comprehensive written disclosure when submitting any Items that are or may become:

(a) Hazardous, dangerous, or potentially harmful;

(b) Explosive, flammable, or radioactive;

(c) Environmentally harmful or contaminating;

(d) Otherwise capable of causing damage to persons or property.

The Company reserves the absolute right to examine, destroy, dispose of, or render harmless any such Items without prior notice or compensation if they are deemed to present any risk whatsoever. The Customer must strictly comply with all relevant regulations regarding packaging, labelling, documentation, and transport of hazardous materials and will fully indemnify the Company against any related liability, including environmental cleanup costs.

9. Subcontractor Engagement

The Company maintains complete discretion to engage subcontractors for any aspect of the Transport Services. These subcontractors are fully authorised to act on behalf of the Customer regarding transport documentation, receipts, and delivery acceptance. The Company may determine the most appropriate means of transport and routing at its discretion, unless specifically agreed otherwise in writing.

10. Security Interest and Service Suspension

The Company maintains a paramount security interest and general lien over all Items in its possession until receipt of full payment for all services rendered. After providing reasonable notice, the Company may:

(a) Sell such Items by public auction or private treaty to recover unpaid fees;

(b) Apply the proceeds towards outstanding debts and costs;

(c) Retain any surplus from such sales.

Transport Services may be suspended or terminated immediately for any breach of these terms, with no liability to the Company.

11. Customer Obligations and Warranties

The Customer expressly:

(a) Warrants that all persons presenting Items for transport are duly authorised representatives;

(b) Must immediately inform the Company of any potential safety risks or special handling requirements;

(c) Ensures all Items are appropriately packaged, labelled and documented for safe transport;

(d) Guarantees compliance with all applicable laws, regulations, and industry standards;

(e) Agrees to prompt payment of service fees according to agreed payment terms;

(f) Will maintain current contact information and ensure timely responses to all Company communications;

(g) Warrants the accuracy and completeness of all information provided;

(h) Accepts responsibility for any additional costs arising from incorrect information.

12. Company Service Commitment

Subject to these terms and conditions, the Company commits to:

(a) Making reasonable efforts to deliver Items within agreed timeframes;

(b) Maintaining appropriate equipment and facilities;

(c) Employing suitably qualified personnel;

(d) Complying with applicable transport regulations;

(e) Providing regular status updates as agreed.

13. Director’s Personal Guarantee

Where the Customer is a corporation or incorporated entity, its directors jointly and severally guarantee:

(a) Compliance with these terms and conditions;

(b) Payment of all fees and charges;

(c) Performance of all Customer obligations;

(d) Indemnification of the Company as specified herein.
This guarantee persists despite any changes in company structure or ownership.

14. Privacy and Data Protection

The Customer expressly authorises the Company to collect, store, use and disclose personal information for:

(a) Credit assessment and financial risk management;

(b) Service delivery, optimisation and management;

(c) Marketing communication and service updates;

(d) Terms enforcement and debt collection;

(e) Legal and regulatory compliance;

(f) Safety and security purposes;

(g) Quality assurance and training.

All information handling will comply with applicable privacy laws and the Company’s privacy policy. The Customer has rights to access and correct their personal information upon request.

15. Severability of Provisions

If any provision or part thereof becomes void, invalid, illegal or unenforceable, it shall be severed from these terms and conditions while all remaining provisions continue in full force and effect. Where possible, the invalid provision shall be replaced with a valid provision that achieves substantially the same intended effect.

16. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the South Australian courts regarding any disputes arising from or relating to these terms and conditions. This choice of law and jurisdiction applies to all aspects of the relationship between the parties, including non-contractual disputes.