Terms and Conditions

1. Our Delivery of Services
1. Auto Freight will provide Services in accordance with this agreement.
2. Auto Freight will collect and/or deliver the vehicle to and from the locations and persons specified in the booking confirmation or, if relevant, the Bill of lading or consignment note. You are responsible for ensuring that collection and delivery locations are accessible and are reasonably suitable for collection or delivery. In the event the delivery location is not reasonably accessible, unattended or the delivery of the vehicle is refused, Auto Freight may elect to deposit the vehicle at the delivery location, store the vehicle at an Auto Freight depot, or return the vehicle to the sender. Those actions will be deemed to constitute delivery and will be at Your risk and expense.
3. Auto Freight’s Services commence when we, or our agent, pick up or accept a vehicle.
4. Auto Freight will rely on all details and information provided by you, but do not admit their accuracy or completion and our signature on the contract or the Vehicle Condition Report is only an acknowledgment that we have collected or delivered the vehicle.
5. In the event Auto Freight is made aware of any damage to a vehicle whilst in its possession and/or control, Auto Freight will notify You and, if reasonably practicable, will hold the vehicle for your inspection. Auto Freight will confer with You to endeavour to agree on what to do with the damaged vehicle.
6. The individual delivering or collecting the vehicle from Auto Freight must be authorised to do so and is author sided to bind you under this agreement.
7. You will acknowledge the condition of the vehicle by:
  - Signing the Vehicle Condition Report; or
  - If you do not sign the condition report the Vehicle Condition Report, it will be deemed accurate in all material respects.

2. Payment, Charges and Obligations
1. Charges are payable to Auto Freight for the Services prior to commencement of the Services, unless it is agreed otherwise.
2. Charges must be paid by credit card or by deposit to an account identified by Auto Freight.
3. Charges payable are confidential and You agree not to disclose them to any third party.
4. Auto Freight will charge a cancellation fee if you terminate this agreement. The charges are calculated as follows:
  - All cancellations will incur a minimum cancellation fee of $150.
  - Cancellations within two business days prior to the commencement of Services will incur a fee of 80% of the full-service charge.
  - Cancellations that occur on the day of collection or once the service has commenced, will incur a 100% cancellation fee.
  - Auto Freight may charge by measurement or value and may at any time re-value, or re-measure or require the vehicle to be re-valued or remeasured and charge proportional additional Charges accordingly.
5. Other charges payable to Auto freight may also include:
  - Any cleaning charge, or costs if cleaning of the vehicle is required by a quarantine authority;
  - Auto Freight’s costs if we are unable to collect a vehicle during normal business hours or, in the case of a private address for collection, during the pre-arranged collection period; and
  - Auto Freight’s costs of returning a vehicle to our nearest depot.

3. Your Promises and Obligations
1. Your promises and obligations include:
  - You must not tender for services any dangerous goods and that no Dangerous Goods have been placed in the vehicle;
  - You are either the owner or authorised agent of the owner of the vehicle and have authority to enter into the contract;
  - You have completely and accurately described the vehicle and its value;
  - The vehicle can be safely handled and transported;
  - The vehicle is free from all personal effects;
  - The vehicle can be moved under its own power, has working breaks and windows are intact; and
  - The vehicle has a minimum ground clearance of 130mm all around.

4. Goods and Services Tax
1. Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this agreement are inclusive of GST.
2. If GST is payable, on any supply made under this agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply. The recipient must pay this amount in addition to and at the same time that the consideration for the supply is to be provided under this agreement.

5. Application
1. Auto Freight is not a common carrier and accepts no liability as such.
2. Auto Freight is not, and will not be deemed to be, a consignor as defined by the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cth) and accepts no liability as such. The Customer authorises Auto Freight to name the Customer or another person as the consignor in any documentation where applicable.
3. All rights, immunities, indemnities and limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and not withstanding any breach of this contract or of these Conditions by Auto Freight or any other person entitled to the benefit of such provisions.
4. If any provision or any part of a provision in these Conditions is unenforceable such unenforceability shall not affect any other provision or any other part of a provision.
5. These Conditions are subject to any warranty implied by the Trade Practices Act 1974 (Cth) to the extent to which the Act is applicable to these Conditions and prevents the exclusion, restriction and modification.
6. Auto Freight shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement is in writing and signed by an authorised person.

6. Limitation and Exclusions of Liability
1. Auto Freight does not accept any responsibility for the accuracy of any part of any description of, or any declaration in the relation to, the vehicle on any document to which the Services relate.
2. Every exemption, limitation, condition, right, defence and immunity available to Auto Freight shall be available and shall extend to protect a subcontractor or any person who is or may be vicariously liable for the acts or omissions of Auto Freight, or a subcontractor.
3. The vehicle is at your risk at all times and Auto Freight will not be responsible in tort, contract, bailment or otherwise for any, or the consequences of any:
  - Breach by You or Your associates of any term of these Conditions and/or any applicable Services Agreement;
  - Loss or damage to personal effects or other items in any vehicle;
  - Pre-existing damage to any vehicle, hail damage, mechanical or electrical damage or derangement, insect damage and bird/animal droppings, stone damage and hidden defects.
  - A vehicle which cannot be moved under its own power, has ground clearance of less than 130mm all round or is in unroadworthy condition.
  - Loss or damage, costs or expenses incurred by the Customer or any other person arising out of or in connection with the provision of the Services.
  - Force Majeure Event.
4. To the extent permitted by law, where Auto Freight accepts liability for damages caused to a vehicle within its care:
  - That liability will not exceed $80,000;
  - Auto Freight’s liability is limited to the cost of repairing the vehicle, or by payment of the current market value of the vehicle (whichever is the lesser amount);
  - Auto Freight shall be entitled to elect whether it will repair the vehicle at a repairer of its own choice or pay the fair market value of the vehicle;
  - Auto Freight has the right to specify the use of new, used or nongenuine parts for the repairs;
  - Auto Freight may appoint a loss assessor of its own choice.
5. The Customer or the receiver must inspect the vehicle upon delivery and shall immediately notify Auto Freight of any alleged damage to the vehicle by noting such damage on the consignment note issued by Auto Freight or it’s agent.
6. Any Claim for loss or damage to the vehicle or relating to performances of the Services must be notified in writing to Auto Freight within 48 hours of delivery of the vehicle or the date by which the vehicle should have been delivered.
7. The following are exceptions to the damage warranty:
  - No claim will be accepted if the damage is not recorded on the delivery condition report;
  - Auto Freight will not accept any responsibility for underside damage to vehicles with a ground clearance of less than 130mm;
  - Auto Freight will not accept responsibility for any mechanical derangement;
  - Auto Freight will not accept responsibility for the loss of any personal items transported within any vehicle;
  - Auto Freight will not accept liability for damage to vehicles in poor or damaged condition at pickup;
  - Auto Freight will not accept liability for damage to the underside or concealed areas of the vehicle;
  - Auto Freight warranty does not cover non-drivable vehicles.

7. Auto Freight Rights and Lien
1. If a vehicle is unable to be delivered and the vehicle is required to be stored at an Auto Freight depot in accordance with condition 1.2, Auto Freight will:
  - Charge $50 per day for the storage of the vehicle if You fail to collect the vehicle within three days of the agreed collection date, or within three days after we notify you that the vehicle is available for collection, whichever is latter;
  - Claim a particular lien on the vehicle and documents relating to the vehicle for all charges due;
  - May under the lien hold the vehicle at an Auto Freight depot until we recover any outstanding charges without any notice to You;
  - May off-set or deduct from any payment due to you any charges you owe Auto Freight; and
  - Auto Freight may sell, on 28 days’ notice, the vehicle, cargo or items subject to the lien by public auction or private treaty and retain the sums due to it, in addition to the Charges incurred in detention and sake of such vehicle, cargo or items from their proceeds and shall pay any surplus to the entitled person.
2. If, Auto Freight is of the opinion that a vehicle is liable to become Dangerous Goods, Auto Freight in its absolute discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon or render harmless the vehicle without compensation to and at the expense of the Customer.
3. If, Auto Freight is of the opinion that the vehicle does not meet the requirements of all applicable laws relating to the vehicle and Services to be handled by Auto Freight using the equipment and operating procedures normally employed in providing the Services, Auto Freight in its absolute discretion may:
  - Refuse to Provide the Services in respect of the vehicle or any part of it; or
  - Take whatever measures deemed necessary at the risk and expense of the Customer to cause the Goods to comply with the requirements of all such laws or to make the vehicle suitable to be handled by Auto Freight.
4. Auto Freight may subcontract the Services (in whole or in part) on any terms and Auto Freight is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of a subcontractor and/or any person who is or may be vicariously liable for the acts or omissions of Auto Freight or a subcontract, each of whom shall to this extent be or be deemed to be parties to this contract.

8. Force Majeure
1. In the event that Auto Freight is prevented from performing an obligation under the contract or to the extent that performance is delayed or hindered due to any event or circumstances beyond our control, Auto Freight shall be released from its obligations under these Conditions.

Definitions

“Auto Freight” means Auto Freight with whom this contract is made.

“Charges” means Auto Freight quoted charges for Services calculated under its rates schedule or other agreed rates and the charges and any cost of any Auto Freight extra services tax (GST) levied directly on transport or supply under these Conditions.

“Claim” means a demand claim, action or proceeding made or brought by or against a person, however arising and whether present unascertained immediate, future or contingent.

“Conditions” mean these Standard Conditions of Contract.

“Container” means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry cargo.

“Customer” means the person at whose request or on whose behalf of Auto Freight provides the Services.

“Dangerous Goods” means any articles or substances which are, or may become a risk to health, safety, property or the environment (but not goods inherently part of the vehicle such as petrol in the tank or LP gas contained in the vehicle).

“Force Majeure Event” means anything outside our reasonable control, including without limitation, fire, storm, flood, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority.

“Government Agency” means a government or government department or other body, a governmental semigovernmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law.

“Hidden Defect” means a defect or fault in a vehicle that is not visible at the time of inspection for the purpose of completing our vehicle condition report that which is the cause of or contributes to any damage or deterioration to the vehicle.

“Services” means the whole of the operations and Services undertaken by Auto Freight in anyway whatsoever connected with or concerning the vehicle, together with a license to use related information technology systems/processes and software utilised by Auto Freight and/or the Customer in relation to those Services.

“Services Agreement” means, where applicable, the agreement forming part of this contact which includes specific provisions in relation to the Services. Subcontractor means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Auto Freight provides or agrees to provide the Services or any part of the Services.

“Subcontractor” means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Auto Freight) provides or agrees to provide the Services or any part of the Services.

“us”, “we”, “our” means Auto Freight Pty Ltd and its related bodies corporate within the meaning of that expression in section 9 of the Corporations Act 2001 (Cth) carrying on business in its own name and under any business name and its officers, employees, agents and subcontractors.

“You” and “Your” means you, the Customer specified in the booking confirmation.

“Vehicle” means a passenger vehicle, light commercial vehicle or truck.

“Vehicle Condition Report” means the report in respect of the vehicle detailing the condition of the vehicle.