Aceit Transport Solutions

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Customer Application Form	Print I acknowledge I have read the Terms and Conditions.
Conditions Of Cartage	Printable Version
Standard Terms and Conditions	Printable Version

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STANDARD TERMS & CONDITIONS
1. DEFINITIONS
‘Carrier’ means aceit Transport Solutions Pty Ltd, ABN 52 799 428 981;
‘’Customer’ means the customer identified in the Application for Credit;
‘’Contract’ means all contracts entered into between the Carrier and
Customer;
“Sub-Contractor’ means and includes:-
(a) any subsidiary (as defined in Corporations Act) of the Carrier;
(a) (b) any other person, firm or company with whom the Carrier
may arrange for the carriage, handling or storage of any goods of the
customer.
2. ENTIRE CONTRACT
These conditions cancel and are in substitution for all or any previous
conditions and are subject to change without reason by the Carrier and
these conditions do not constitute an offer to sell or to supply any services
to any Customer. Subject to Clause 3 hereof these Terms and Conditions
including any terms and conditions on the face hereof contain the complete
and final agreement between the Carrier and the Customer and no other
agreement in any way modifying any of the said terms and conditions will
be binding upon the Carrier unless made in writing and signed by the
Carrier’s authorised representative.
3. QUOTATIONS
Quotations are to be treated as estimates only and subject to withdrawal,
correction or alteration at any time before acceptance of the Customer’s
order by the Carrier, unless stated otherwise.
4. PRICE
4.1 The price charged shall be the Carrier’s price ruling at the date the
service is supplied unless otherwise agreed in writing.
4.2 Any price indications or price lists are subject to alteration to the
Carrier’s price ruling at the date service or goods are supplied.
4.3 All pricing does not include GST. GST will be charged at the rate
current at the time the service is supplied.
4.4 The Customer is responsible to effect and meet the cost of any
insurance cover that is deemed necessary.
4.5 Should there be any variation in details, sizes and quantities, delivery
instructions or any other item or matter on which the quotation or invoice is
based the Carrier reserves the right to revise and amend the Contract price
accordingly.
4.6 Clerical errors in computations, typing or otherwise of catalogue,
quotation, acceptance, offer, invoice, delivery docket, credit note of the
Carrier shall be subject to correction.
4.7 The Carrier’s charges shall be considered fully earned and due and
payable as soon as the goods are loaded and despatched and they are
payable and non-refundable in any event including without limitation thereof
loss or damage to or non delivery of the goods.
4.8 No set –off or abatement or deduction is permitted in respect of any of
the charges or any monies due to the Carrier hereunder but the Carrier may
set off any amounts owed to the Carrier by the Customer for the amounts the
Carrier owes the Customer.
4.9 The Carrier shall have a right of lien over the goods or any other goods
of the Customer and documents relating thereto in respect of all unpaid
charges and other monies due to the Carrier whether pursuant to the terms
hereof or otherwise and whether such goods have at any time left the
possession of the Carrier.
4.10 For the purposes of the lien hereby given, the Carrier may detain and
sell by public auction or private treaty without notice to the Customer all or
any of the goods of the Customer and out of the proceeds of sale retain the
charges or other monies payable and all expenses and charges of the
detention and sale.
4.11 Due to the continuing fuel price fluctuations a fuel levy is charged to all
accounts based on the Road Freight Cost Indices which levy is reviewed on a
monthly basis while uncertainty exists and any variations, adversely or
favourable will be adjusted on each Invoice/Statement showing a one month
lag in its application.
5. PAYMENT TERMS
5.1 If The Carrier shall extend credit to the Customer, payment for the
services supplied is to be in full by the DUE DATE as shown on the
invoice/statement unless otherwise agreed in writing.
5.2 Payment not receive in full of all charges by the DUE DATE, which
appears on each Invoice/Statement, will be designated as OVERDUE in the
next and subsequent Invoice/Statements, until payment has been made in
full.
5.3 Overdue Account Service Fees will apply each month, until payment
is received in full in the amount as published by the Carrier from time to time
in its standard charges.
5.4 An Account Service Fee shall apply to all accounts in the amount as
published by the Carrier from time to time in its standard charges.
5.5 On the written request of the Customer the Carrier will provide
additional replacement Invoice/Statements to the Customer at a cost of $2.00
per page to the Customer.
5.6 If a cheque is tendered in payment and is not honoured, then the
customer agrees to pay, the amount not recovered upon such cheque
together with any reasonable amount incurred or expended, in respect of
such cheque and it collection costs.
5.7 The Carrier reserves the right to withdraw credit terms, cancel any
discounted rates, apply or vary a credit limit and at any time .
6. NOT A COMMON CARRIER
6.1 The Carrier is not a common carrier and will accept no liability as such.
6.2 The Carrier reserves the right to refuse to handle, transport or store
goods for the client for any reason whatsoever
7. SUB CONTRACTORS
7.1 The Carrier may arrange with a Sub-Contractor for the carriage or
storage of any goods subject to this agreement.
7.2 The Customer undertakes that no claim or allegation shall be made
against the Carrier, any Sub-Contractor whom the carriage or storage or any
part of it was performed or undertaken, but if a claim or allegation is
nonetheless made, the Customer absolutely without exception agrees to free,
release, hold harmless, indemnify and keep identified the Carrier against
each and every consequence thereof.
8. NO CARRIER’S LIABILITY AND NO WARRANTIES
8.1 The Customer’s goods are in all things at the risk of the Customer and
not the Carrier.
8.2 The Carrier shall not be responsible in negligence, tort, contract or
otherwise howsoever for any loss, damage, deterioration or injury of any kind
or for mis-delivery, failure to deliver, delay in delivery of the goods, failure to
store, incorrect or defective storage of the good including without limiting the
foregoing chilled, frozen, refrigerated or perishable goods by negligent,
reckless or wilful acts or defaults of the Carrier, or whether or not any of the
above occurs in the course of the performance or purported performance by
the Carrier of the Contract or whether or not the acts or defaults are in the
contemplation of the Carrier and/or the Customer or whether or nor such acts
or defaults are foreseeable by them or either of them.
8.3 The disclaimer in clause 8.2 shall include not only the loss for damage
to or the deterioration of goods but also loss, damage or injury to any person,
property or thing during or resulting from the performance or purported
performance of or want of performance or breach if the Contract howsoever
caused including but not limited to any negligence, recklessness or wilfulness
of the Carrier.
8.4 All the rights, immunities, benefits and limitations of liability granted to
the Carrier by these conditions shall continue to have their full force and
effect in all circumstances and notwithstanding any breach of contract or any
of the conditions hereof by the Carrier.
8.5 Every exemption, limitation, condition and liberty herein contained and
every right, exemption from liability, defence and immunity of whatsoever
nature applicable to the Carrier or to which the Carrier is entitled hereunder
shall also be available and shall extend to protect:-
(a) all Sub-Contractors;
(b) every servant or agent of the Carrier or of a Sub-Contractor;
(c) every other person by whom the carriage or any part thereof is
performed or undertaken;
(d) all persons who are or might be vicariously liable for the acts or
omissions of persons falling within (a) to (c) inclusive and for the
purposes of this clause the Carrier is or shall be deemed to be acting
as agent or trustee on behalf of and for the benefit of all such persons
and each of them shall to this extent be or be deemed parties to the
Contract.
9
. CUSTOMER’S STATUTORY RIGHTS
These Terms and Conditions shall not exclude, limit, restrict or modify the
rights, entitlements and remedies conferred upon the Customer or the
liabilities imposed upon the Carrier, by any condition or warranty implied
by a Commonwealth, State or Territory Act or Ordinance, rendering void or
prohibiting such exclusion, limitation, restriction or modification.
10 HANDLING OF GOODS AND DELIVERIES
10.1 The Customer hereby authorises the Carrier to:-
(a) handle, carry or store the goods or cause the same to be handled,
carried or stored by any method, and
(b) carry or cause to be carried the goods by any route is the absolute
discretion of the Carrier and the Carrier shall be entitled to ignore any
instructions in relation thereto.
10.2 The Carrier is authorised to deliver the goods at the address
nominated to the Carrier by the Customer for that purpose and without
prejudice to the foregoing it is expressly agreed that the Carrier shall be
conclusively presumed to have delivered the goods in accordance with this
contract if he obtains from the receiver a signature or a receipt.
10.3 If the nominated place of delivery shall be unattended or if delivery
cannot otherwise be effected by the Carrier, the Carrier may at the Carrier’s
option deposit the goods at the place (which shall be conclusively presumed
to be due delivery hereunder) or store the goods and if the goods are stored
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by the Carrier the Customer shall pay or indemnify the Carrier for all costs
and expenses incurred in or about such storage. In the event that the goods
are stored by the Carrier, the Carrier shall be at liberty to re-deliver them to
the customer from the place of storage at the Customer’s cost at the then
applicable rates of carriage and storage.
11. AUTHORITY
11.1 The Person delivering any goods to the Carrier of carriage or storage
is authorised to sign the consignment note for the Customer.
11.2 The Customer warrants to the Carrier that the Customer is either the
owner or a person having a interest in the goods or their authorised agent
and by entering into the Contract the Customer is doing so for itself as well as
for all other persons on whose behalf the Customer is acting.
12. CUSTOMER WARRANTIES
12.1 The Customer warrants to the Carrier that it will comply with all
applicable laws in relation to notification description, carriage and packaging
of the goods and without limitation thereof that all applicable duties excises
taxes or costs in relation thereto have been fully paid.
12.2 The Customer will fully, adequately and accurately describe the goods
on the consignment note.
12.3 The Customer warrants any consignment will not contain any explosive,
volatile spirits, cargo of a dangerous inflammable nature, offensive material or
cargo which would be illegal or prohibited by any law or regulation of any
State, Territory or the Commonwealth due to its nature, packaging or
labelling.
13. BREACH OF CONTRACT
The Customer acknowledges that Sub-Contractors of the Carrier are
contractually bound to the Carrier including a covenant not to undertake
carrier work for customers of the Carrier except in accordance with the terms
of that contract during the term of the contract and for a period of six (6)
months after termination of that contract and the Customer agrees it will not
directly or indirectly induce any Sub-Contractor to breach its contract with the
Carrier.
14. TRANSPORT SERVICE ORDER DOCKETS
At the request of the Customer dockets may be supplied under the account to
enable the Customer to charge Taxi/Transport related services to their
Courier account.
14.1 Transport Service Order docket /s will at all times remain the property
of the Carrier.
14.2 The Carrier reserves the right to withdraw or suspend any or all dockets
along with these credit facilities and at anytime and without the need to give
reason or reasons therefore. Upon receipt of such notification and upon such
being made, the customer shall immediately pay the outstanding balance and
any additional costs/fees incurred in collecting such payment.
14.3 At the written request of the Customer and the return of docket(s) or
pieces thereof the Carrier will terminate the account, but the Customer will
remain liable for all charges incurred on any docket/s whether or not those
dockets relate to services carried out or completed before or after the date of
notification of termination of the account.
14.4 At the request of the customer the Carrier, may issue additional
dockets in the name of the customer.
15. TRANSPORT SERVICE ORDER CHARGES
15.1 Dockets are retained by the Carrier for proof of services and charges
will appear on the Customers Invoice/Statement with a service code TX on
the month preceding the docket/s presentation to the Carrier for payment
from the Taxi/Transport Company providing the service.
15.2 All services provided under a Transport Service Order Docket or where
a client or their representative has requested the use of a Taxi or approved
passenger transport organization incur a recognised Taxi Industry 10%
service fee applied to the total Fare charged by the Taxi/Transport provider.
This is in additional to the monthly Account Service Fee applied to all the
Carriers accounts.
15.3 Claims in respect of disputed dockets are not accepted if made after 14
days from the date of the Invoice/Statement.
15.4 In the event of any dispute a copy of the disputed docket/s shall be
provided within 7 days of the request, providing any such request is received
within the terms of this agreement and in such case the Carrier may charge
$2.00 per docket to the Customer for the provision of such additional
evidence.
15.5 Where the Customer disputes the validity of any docket or charges set
out in the Invoice/Statement the Customer agrees that it shall pay the Carrier
the full sum outstanding, which is not in dispute by the due date shown on the
Invoice/Statement.
16. DEFAULT
On happening of any one or more of the following events, namely:
16.1 the Customer fails to make payment to the Carrier on the due date;
16.2 an Administrator or Liquidator is appointed over all or any of the assets
of the Customer or a scheme of arrangements is proposed or approved with
respect to the Customer or a mortgagee enters into possession of any of the
assets of the Customer;
16.3 an application is made for the winding up of the Customer;
16.4 any event occurs which would confer upon any person or entity the
right to institute proceedings for the winding-up of the Customer, or the
Customer appoints an administrator as defined in the Corporations Law;
16.5 in the case of the Customer being a natural person, the Customer
commits an act of bankruptcy;
16.6 in the case of the Customer being a partnership, sub-paragraph 16.4
and/or 16.5 applies to any of the partners;
then the Carrier may at its option exercise all or any of the following rights
(notwithstanding any prior failure to exercise such rights):
(i) demand payment of the whole of the monies owing from the Customer
to the Carrier and the Customer agrees to pay the same immediately;
(ii) the Customer shall pay to the Carrier interest on such amount
outstanding at a rate of 2% per month and any costs with respect to
solicitors, legal advisors, mercantile agents and other agents acting on
the Carrier’s behalf in respect of any enforcement hereof or recovery or
attempted recovery of either the monies owing by the Customer to the
Carrier.
17. FUTURE DEALING
Unless otherwise agreed to in writing by the Carrier and notwithstanding any
terms appearing in documentation provided by or on behalf of the Customer
these Terms and Conditions shall be incorporated as express terms and
conditions into all Contracts by the Carrier to supply the Customer with
services.
18. CONSTRUCTION
18.1 The law governing the interpretation of these conditions and all other
matter between the parties pursuant to these conditions shall be a Law of the
State of South Australia.
18.2 No waiver by the Carrier of any breach of ant term of any agreement
with the Customer from time to time shall be deemed to be a waiver of any
subsequent breach of any kind.
18.3 Singular words shall include plural and vice versa.
18.4 If any provision herein is or becomes void or illegal or unenforceable
for any reason then such provisions shall be rectified and written down so far
as possible so as to be valid and enforceable and to such extent that it is not
valid and enforceable shall severed and omitted from these terms and
conditions which shall otherwise remain in force
18.5 No one provision herein shall limit the generality of any other provision
herein. In the event that the Customer uses or attempts to use or issues or
attempts to issue at any time any letters writing instructions forms or delivery
notes or the like containing any terms or provisions inconsistent with these
Terms and Conditions then they shall not form part of any agreement with the
Customer and these Terms and Conditions shall prevail.
18.6 These Terms and Conditions bind the Customer and its executors,
administrators, successors and assigns as the case may be.
19. VARIATION OF CONDITIONS
The Carrier has the right to vary these Terms and Conditions at any time
upon the giving of 7 days notice in writing of such variation to the Customer.
19.1 Such notice shall be deemed to be notice to every servant of agent of
every Customer.
19.2 These terms cannot be waived or varied except by the Carrier.
20. ACKNOWLEDGEMENT OF TERMS AND CONDITIONS AND
PRIVACY ACT AUTHORISATION
Each of the persons who complete an Account Application and whose
signature(s) appears on the Account Application (in whatever capacity)
AUTHORISES AND ACKNOWLEDGES that:
20.1 They have read, understood and agreed to be bound by all these
Terms and Conditions.
20.2 Items of personal information contained in the Credit Application and
permitted to be kept on a credit information file might be disclosed to a credit
reporting agency.
20.3 In accordance with paragraphs (b), (e) and (h) of section 18K and/or
section 18L(4) of the Privacy Act 1988, that disclosure by a credit reporting
agency and/or use by the Carrier of the relevant information referred to those
sections may occur for the purpose of assessing this application.
20.4 The Carrier may supply information about the credit worthiness to other
credit providers and authorises trade referees to provide the Carrier with
information about their credit worthiness.
Revised 4th April 2006 by TPK

CONDITIONS OF CARTAGE
1. DEFINITIONS
“Carrier” Means Aceit Transport Solutions Pty Ltd, ABN 52 799 428 981;
“Customer” means the customer for whom the services are provided;
“Sub – Contractor” means and includes:-
(a) Any subsidiary (as defined in Corporations Act) of the Carrier;
(b) Any other person, firm or company with whom the Carrier may arrange for the carriage, handling or storage of any goods of the
customer.
2. PRICE
The price charged shall be the Carrier’s price ruling at the date of the service is supplied unless otherwise agreed in writing, plus GST.
3, NOT A COMMON CARRIER
3.1 The Carrier is not a common carrier and will accept no liability as such.
3.2 The Carrier reserves the right to refuse to handle, transport or store goods for the client for any reason whatsoever.
3.3 The Carrier may arrange with a Sub-Contractor for the carriage or storage of any goods subject to this agreement.
3.4 The Customer is responsible to affect and meet the cost of any insurance cover that is deemed necessary. The Customer undertakes that
no claim or allegation shall be made against the Carrier, any Sub-Contractor whom the carriage or storage or any part of it was performed
or undertaken, but if a claim or allegation is nonetheless made, the Customer absolutely without exception agrees to free, release, hold
harmless, indemnify and keep identified the Carrier against each and every consequence thereof.
4. NO CARRIER”S LIABILITY AND NO WARRANTIES
4.1 The Customer’s goods are in all things at the risk of the Customer and not the Carrier.
4.2 The Carrier will make all reasonable efforts to have any goods delivered to the Customer on the date agreed between the parties as the
Delivery Date. The Carrier shall be under no liability whatsoever should delivery not be made within the time specified.
4.3 The Carrier shall not be responsible in negligence, tort, contract or otherwise howsoever for any loss, damage, deterioration or injury of
any kind or for mis-delivery, failure to deliver, delay in delivery of the goods, failure to store, incorrect or defective storage of the goods
including without limiting the foregoing chilled, frozen, refrigerated or perishable goods by negligent, reckless or wilful acts or defaults of
the Carrier, or whether or not any of the above occurs in the course of the performance or purported performance by the Carrier of the
Contract or whether or not the acts or defaults are in the contemplation of the carrier and/or the Customer or whether or not such acts or
defaults are foreseeable by them or either of them.
4.4 The disclaimer in clause 5.2 shall include not only the loss for damage to or the deterioration of goods but also loss, damage or injury to
any person, property or thing during or resulting from the performance or purported performance of or want of performance or breach if
the Contact howsoever caused including but not limited to any negligence, recklessness or wilfulness of the carrier.
4.5 All the rights, immunities, benefits and limitations of liability granted to the Carrier by these conditions shall continue to have their full force
and effect in all circumstances and notwithstanding any breach of contract or any other of the conditions hereof by the Carrier.
5. CUSTOMER’S STATUTORY RIGHTS
These Terms and Conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer or
the liabilities imposed upon the Carrier, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance,
rendering void or prohibiting such exclusion, limitation, restriction or modification.
6. HANDLING OF GOODS AND DELIVERIES
6.1 The Customer hereby authorises the Carrier to:-
(a) Handle, carry or store the goods or cause the same to be handled, Carried or stored by any method, and
(b) Carry or cause to be carried the goods by any route is the absolute discretion of the Carrier and the Carrier shall be entitled to
ignore any instructions in relation thereto.
6.2 The Carrier is authorised to deliver the goods at the address nominated to the Carrier by the Customer for that purpose and without
prejudice to the foregoing it is expressly agreed that the Carrier shall be conclusively presumed to have delivered the goods in
accordance with this contract if he obtains from the receiver a signature or a receipt.
6.3 If the nominated place of delivery shall be unattended or it delivery cannot otherwise be effected by the Carrier, the Carrier may at the
Carrier’s option deposit the goods at the place (which shall be conclusively presumed to be due delivery hereunder) or store the goods
and if the goods are stored by the Carrier the Customer shall pay or indemnify the Carrier for all costs and expenses incurred in or about
such storage. In the event that the goods are stored by the Carrier, the Carrier shall be at liberty to re-deliver them to the customer from
the place of storage at the Customer’s cost at the then applicable rates of carriage and storage.
7. CUSTOMER WARRANTIES
7.1The Customer warrants to the Carrier that it will comply with all applicable laws in relation to notification description, carriage and packaging
of the goods and without limitation thereof that all applicable duties excises taxes or costs in relation thereto have been fully paid.
7.2 The Customer will fully, adequately and accurately describe the goods on the consignment note.
7.3 The Customer warrants any consignment will not contain any explosive, volatile spirits, cargo of a dangerous inflammable nature, offensive
material or cargo which would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth due to its
nature, packaging or labelling.
8. CONSTRUCTION
8.1 The law governing the interpretation of the conditions and all other matters between the parties shall be the Law of the State of South
Australia.
8.2 Singular words shall include plural and vice versa
8.3 If any provision herein is or becomes void or illegal or unenforceable shall severed and omitted from these terms and conditions which
shall otherwise remain in force.

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