SERVICE CONDITIONS
Truck Moves Australia Pty Limited
ABN 74 103 399 891
Service Conditions
In these standard service conditions we, us and similar expressions, refer to Truck Moves Australia Pty Ltd ABN 74 103 399 891; and you, your and similar expressions, refer to you, our customer. These conditions apply to all supplies of goods and services by us to you, unless otherwise clearly agreed in writing signed by us and you.
1. Quotations and orders
1.1 Any quotation is merely an invitation to you to place an order with us. We issue quotations based on information supplied by you to us. If the information you supply is not correct, you might order goods and services which are not suitable for your purpose.
1.2 If you offer to purchase goods and our services based on a quotation from us, then your offer is subject to these conditions.
1.3 We are not obliged to accept any order from you. If you place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted.
2. Our conditions prevail
2.1 These conditions apply and prevail even if they are inconsistent with anything said or implied in any earlier or later document provided to you.
3. Our services
3.1 We collect, drive and deliver motor vehicles belonging to our customers or their nominees. We will provide these services to you if we accept an order from you.
3.2 We are not qualified motor mechanics or technicians and do not carry out any mechanical check of the motor vehicles we are engaged to collect, drive and deliver.
3.3 We rely on the warranties you give under paragraph 10 in respect of each motor vehicle belonging to you or your nominee. We are not liable for any breakdown of, or defect in, such a motor vehicle or any accident involving such a motor vehicle, or the use, repair, maintenance or storage of such a motor vehicle (e.g. we are not liable for any windscreen, body or mechanical damage), while that motor vehicle is under our possession, custody or control, except if caused by our negligence.
4. Our fees
4.1 If we agree to provide services to you, in addition to our fees (as set out in our quotation) you must pay for all consumables used in connection with each motor vehicle belonging to you or your nominee while we provide our services to you. Consumables include fuel, fuel filters, oil, oil filters, air filters, transmission fluids and tyres.
5. Prices
5.1 Unless otherwise expressly stated in the quotation, all prices are in Australian dollars and do not include any sales tax, goods and services tax, stamp duty and all other excises and duties that may be imposed in relation to these conditions or the supply of the goods and our services. Each of them is payable by you and if paid by us must be reimbursed on demand.
6. Payment
6.1 Unless we agree to give you credit, you must pay for all orders before we collect the relevant motor vehicle.
6.2 All payments must be by cash, credit card, bank cheque or EFTPOS.
6.3 You authorise us to complete any documents necessary to enable you to make any payments through any credit card system.
7. Credit
7.1 We may decide to give you credit, but we are not obliged to do so even if we have previously given you credit.
7.2 If we decide to give you credit, then you must pay our invoices within 7 days from the date of the invoice, and you are bound by these and any additional conditions that we set for giving you credit.
7.3 We may decline to give you further credit at any time. If we do so, all money that you owe us on any account becomes immediately payable.
8. Overdue payments
8.1 If any amount you owe us is not paid by the due date then:
(a) all money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions;
(b) we may suspend supply or cancel any outstanding orders we have accepted from you;
(c) we may charge you interest on any amount from the due date until payment, calculated daily, at the rate prescribed from time to time as payable on judgments for monetary sums awarded by the Supreme Court of New South Wales;
(d) if we charge interest under this clause, we will credit any part payment first against the interest; and
(e) you agree you are liable for all our costs, losses and expenses relating to recovering overdue payments from you, including mercantile agents' and lawyers' fees and expenses on a full indemnity basis.
9. Cancellation
9.1 If you cancel an order less than 24 hours before the date of collection of the motor vehicle, we may charge you a cancellation fee for the services we have provided up to the date of cancellation and for cancelling the order. In addition, you must also reimburse us on demand for any expenses we have incurred in respect of the cancelled order, including travel expenses.
10. Warranties
10.1 You warrant in respect of each motor vehicle that is the subject of an order from you, and as at the date the motor vehicle is collected by us:
(a) you or your nominee own the motor vehicle;
(b) you are authorised to engage us to provide our services in respect of the motor vehicle;
(c) the motor vehicle is registered and in a registrable and safe mechanical condition, without defect; and
(d) the motor vehicle is roadworthy and capable of making the journey to the agreed destination.
10.2 If a motor vehicle belonging to you or your nominee breaks down or is in need of mechanical repair (as determined by us) while under our possession, custody or control, we may engage a mechanic or other appropriately qualified person, of our choice, to carry out the repairs. You must pay us for the cost of the repairs on demand.
11. Limitation of liability
11.1 Nothing in these conditions is or should be interpreted as an attempt to modify, limit or exclude terms or warranties which are imposed by statute and which cannot be modified, limited or excluded.
11.2 We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into these conditions of business, including but not limited to any warranties arising from a course of dealing, usage or trade practice.
11.3 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these conditions.
11.4 Subject to clauses 11.1 and 11.5, our maximum aggregate liability to you in respect of any one claim or series of connected claims in respect of each motor vehicle (which for the purposes of this clause includes any attached trailer or trailers), we are engaged by you to move:
(a) arising in negligence or other tort that results in damage to property, personal injury or death, is limited to the lesser of:
(i) for new vehicles, the cost of the vehicle as indicated on the invoice issued by the manufacturer or supplier, excluding GST;
(ii) for used vehicles, the current market value of the vehicle, excluding GST; or
(iii) $250,000, and
(b) for any other liability including for breach of contract, breach of statutory duty, breach of warranty, breach of a term, condition or warranty implied into these conditions by Part V Division 2 of the Trade Practices Act or liability under an indemnity, is limited at our option to:
(i) the supplying of the services again; or
(ii) the payment of having the services supplied again.
11.5 We are not liable for any economic loss, loss of revenue, loss of saving on overheads, loss arising from business interruption, loss of data, loss of business opportunities, loss of goodwill, loss of profits or any indirect, special or consequential loss or damage from any cause, even if we have been advised of the possibility of such damages or loss.
11.6 Each party must each use reasonable efforts to mitigate any potential damages or other adverse consequences arising from or related to the services.
11.7 If an amount of consideration under these conditions is calculated as specific compensation or reimbursement for an expense, loss or liability of a supplier, the consideration must be calculated after excluding any amount for which the supplier is entitled to an input tax credit as recipient of the item to which the expense loss or liability relates.
12. Privacy
12.1 We collect, use, store and disclose personal information in accordance with our privacy policy, which you acknowledge you have had an opportunity to read and understand. You can obtain the current policy from time to time from us on request.
12.2 You agree to only provide us with personal information where you have consent from the relevant individual to do so and only for the purposes mentioned in our privacy policy.
13. Miscellaneous
13.1 We are not responsible for failure to perform any of our obligations to you caused by something outside our reasonable control, including but not limited to accidents, strikes, mechanical failure, roadwork, terror, war or the weather.
13.2 Delivery times are estimates only and we are not liable for delays in delivery.
13.3 These conditions contain the entire agreement between you and us with respect to the supply of goods and our services to you and may not be modified except by an agreement in writing signed by one of our authorised officers.
13.4 The law of New South Wales governs our agreement. Each party submits to the non-exclusive jurisdiction of the New South Wales courts.
13.5 You consent to us sending commercial electronic messages to you concerning our services. We each recognise that consent may be withdrawn.
13.6 Nothing in these conditions will create a partnership, or the relationship of employer and employee, between the parties.
13.7 If a provision of these conditions is found to be unlawful, invalid or unenforceable for any reason, these conditions will remain in force apart from that provision, which is deemed to be deleted.