TERMS & CONDITIONS OF AGREEMENT
The parties acknowledge and agree that: -
The terms and conditions specified herein, form the agreement between R. J’s Tilt Tray Towing and all customers employing the transport services of R.J’s Tilt Tray Towing. The customer acknowledges & agrees that the terms & conditions of this agreement have been read, understood, and agreed upon.
No changes will be made to these terms and conditions unless agreed upon by both parties, documented, and signed by both R. J’s Tilt Tray Towing and the customer. R.J’s Tilt Tray Towing & Transport will be referred to as the “Carrier” throughout this Agreement.
1. ENGAGEMENT OF SERVICES
a. The Carrier is contracted to provide transport services, based on the Gold Coast, metropolitan areas, regionally & interstate. At its discretion, the carrier reserves the right to decline any request to enter into a contract to provide transport services. The Carrier will not be held liable for any loss incurred by the customer due to the refusal of entering into an agreement to providing transport services.
b. The customer will provide all relevant information required by the Carrier regarding pick up location, required time frames, access & conditions, load specifications, any hazards or risks associated with the load, or any other relevant information required in order for the Carrier to assess the transport request and subsequently provide acceptance of the agreement for Transport. Should the information provided be false or misleading, the Carrier reserves the right to refuse the transport request and the agreement will become null & void. In this circumstance and at the discretion of the Carrier, any deposits paid will be forfeited by the customer and retained by the Carrier.
c. The Carrier will provide a quote for transport services to the customer, with an estimated time frame to complete the transport service request., This time frame is an estimate only and any delay that may arise during the transport contract, which are out of the control of the Carrier, will not be the responsibility of the Carrier. Any loss the customer incurs, that arise due to unforeseen circumstances experienced, will be solely the responsibility of the customer.
2. EQUIPMENT & GOODS SUPPLIED BY THE CARRIER
a. All equipment supplied to the customer by the Carrier, including but not limited to, transport containers, straps, chains & moving equipment, shall remain the sole property of the Carrier. These items must be returned in good, working order & in the condition that they were received by the customer. Any items that are damaged or lost will become the financial responsibility of the customer, to which the Carrier is entitled to seek compensation to recover costs.
b. The goods supplied to the customer by the Carrier will be required to be returned within the specified timeframe as advised by the Carrier. Should the supplied goods not be returned in full by the return due date, the Carrier will be entitled to charge a fee, which will be calculated on a daily basis for the time that the goods were outstanding, and this amount will be payable by the customer immediately upon issuing an invoice by the Carrier.
c. All goods supplied by the Carrier must be used for its intended use only and any damage or injuries caused by misuse will be the responsibility of the customer. The Carrier will not be held liable for any incident caused by the customer misusing equipment & goods supplied.
3. TRANSPORT & DELIVERY OF GOODS
a. The Carrier will collect goods from the nominated pick-up address at which time the agreement will be considered commenced. The Carrier will deliver goods to the nominated delivery address at which time the agreement will be considered completed.
b. Whilst all care is taken and all procedures involved in loading, transporting, and unloading goods for transport are carried out in a professional manner, no liability is taken by the Carrier for items which may be damaged during the transport process. We encourage customers to seek advice from an insurance company or broker regarding insuring their goods whilst in transport. These insurance costs will be the responsibility of the customer.
c. The customer will advise the Carrier prior to the transport contract date of any dangerous goods which are to be included in the transported load. All goods, including hazardous and dangerous goods will be safely contained and secured prior to pick up of goods for transport. The Carrier reserves the right to deny the transport of any goods that are considered hazardous or dangerous. The customer indemnifies the Carrier of any liability with regards to transporting dangerous or hazardous goods.
d. All goods must be structurally sound, safe, and suitable for transportation. By entering into this transport agreement with the Carrier, the customer confirms that they have inspected the goods and are confirming that they are structurally sound and safe for normal transport. No liability will be taken by the Carrier for damage caused to or by goods that have not been declared to be structurally unsound & unsafe by the customer.
e. Whilst all care is taken to minimise any damage to property during pickup, loading and delivery of goods, property including but not limited to, grass, driveways, concrete, pathways, soft & hard surfaces, etc., the Carrier will not be held liable for any damage to such property which may occur to complete the transport agreement.
f. In the case that the customer requests that the Carrier deliver goods to a property or address which is unattended, the Carrier will leave those goods unattended at the sole risk of the customer. The Carrier will not be held liable for any loss or damage to goods left unattended.
g. The carrier will at his discretion, determine the most reasonable and accessible position for unloading goods. The carrier is not responsible for landing goods on or within a specific area nominated by the customer. The carrier is not responsible for the costs incurred nor is to be held liable for any craneage, or equipment required to position or land goods on site.
4. ACKNOWLEDGEMENTS
a. Where the customer is not the owner of some or all of the Goods, the customer shall be deemed for all purposes to be the agent of the owner and is authorized to enter into this Agreement for the purposes of the Carrier to undertake the transport. The Carrier will not be liable for any miscommunications which may arise between the customer & the owner and will be entitled to seek compensation should the Carrier incur additional costs due to incorrect communications between the customer/owner.
5. INDEMNITIES
a. The Customer shall indemnify and keep the Carrier indemnified against any loss or damage which may be suffered by the Carrier because of any breach by the Customer of the terms & conditions contained in this Agreement, or any document or declaration contemplated under this Agreement. For the purpose of this clause, “loss” expressly includes: - Consequential loss; and any fine, levy, charge, or other monetary obligation to which the Carrier may become liable as a consequence to the Transport, and resultant from any breach by the customer of this Agreement.
6. FREIGHT & PAYMENT
a. Payment is to be made to the Carrier by the Customer as per the Carriers terms of payment. Payment terms will be specified to customers on invoices if applicable. Failure to pay amounts in full by the due date may, at the Carriers discretion, incur additional charges which will be payable to the Carrier immediately.
b. Payment must be made by Cash, Bank Transfer, Direct Credit or by any other method nominated by the Carrier. Should payment be dishonoured for any reason, the Customer will be liable for any dishonour fees incurred by the Carrier. c. GST will be calculated and included in all amounts payable to the Carrier, unless stated otherwise.
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