1. Definitions:
- Carrier: Refers to XXXXXXXXXXXX, including its assignees and subcontractors.
- Invoice: This agreement for the transport of Goods on behalf of the Consignor.
- Consignor: The individual or corporation named in this invoice contracting the Carrier to transport Goods.
- Goods: Any items intended for transport by the Carrier at the request of the Consignor.
2. Carrier’s Rights and Assignees:
- The Carrier is not a common carrier and may refuse to carry Goods or provide services at its discretion.
- The Carrier can engage others to deliver Goods for the Consignor. Such assignees have the same rights and protections as the Carrier under these terms.
3. Goods Carriage Conditions:
The Consignor or their authorized agent must:
- Accurately estimate the Goods’ weight within 5% accuracy.
- Not tender explosives or hazardous materials without written prior approval from the Carrier.
- Not send time-sensitive Goods unless pre-agreed in writing. Failure to adhere may result in the Consignor compensating the Carrier for any resultant damages.
4. Payment:
Payments are determined case by case, typically via EFT upon delivery.
5. Charges:
The Consignor is responsible for all proper charges, including transport, storage, administrative fees, and interest on overdue payments at 16.5% annually. Debt collection fees, at 7.5% of the collected amount, will be charged to the Consignor for overdue payments.
6. Delays:
Any delay over 20 minutes will incur a charge of $175.00 per hour, covering lost wages, truck downtime, and other related costs.
7. Insurance:
- Petrona Transport Pty insures all towed vehicles up to $200,000 with AMT insurance for accident damages. This does not cover damage caused by external factors like animals or stones during transit.
- The Carrier isn’t insured for Goods damage or loss during transport or storage. The Consignor must secure separate insurance for transported or stored Goods.
8. Liability Limitation:
The Carrier is not liable for any loss or damage to the Goods under any circumstances, including negligence, acts of God, theft, or misadventure.
9. Carrier’s Insurance:
Insurance of Goods by the Carrier for the benefit of the Consignor is only effective upon written instruction and at the Consignor’s expense.
10. Delivery:
Unless agreed upon in writing, the Carrier isn’t responsible for late deliveries, loss, damage, misdelivery, or non-delivery.
11. Entire Agreement:
These Terms and Conditions constitute the entire agreement between parties, superseding all previous agreements.
12. Authorization:
Anyone signing this document confirms they have the Consignor’s authority to bind them to these terms.
13. Security Interest:
The signatory grants the Carrier a security interest in the Consignor’s Goods and property to secure any unpaid amounts.
14. Updates:
These Terms and Conditions apply to all Goods transferred by the Carrier and may be updated periodically.
