Trading Terms
Definitions
1. "Company" means Tribe Rural Services Pty Ltd (ABN 40 677 940 840), its employees, servants, agents, subcontractors and associated entities.
"Customer" means the shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods, or the person for whom any of the Services are performed.
"Goods" means the chattels, articles or things tendered for refrigerated transport by the Customer, including any containers, packaging, pallets or load devices associated with them.
"Services" means the refrigerated carriage, transport, movement and/or handling of Goods performed or arranged by the Company.
"Subcontractor" means and includes any person or entity (other than the Company) by whom any part of the Services are arranged, performed, or undertaken.
Not a Common Carrier
2. The Company is not a common carrier and accepts no liability as such. All Services are provided strictly under these conditions. The Company reserves the right to refuse, at its discretion, the carriage of any Goods and to open and inspect any Goods at the Customer's expense.
Agency/Subcontracting
3. The Company is authorised to engage any subcontractor to perform the Services on any terms, including terms that may limit or exclude liability. This authorisation includes further subcontracting.
Prevention of Suit and Indemnities
4. The Customer must not make claims against any subcontractor or related party for any loss or damage. The Customer indemnifies the Company and its subcontractors against any such claims.
Customer Warranties
5. The Customer warrants:
(a) they are authorised to contract with the Company;
(b) all information provided is accurate;
(c) the Goods are compliant with all applicable laws;
(d) the packaging and condition of Goods are fit for refrigerated transport.
Liability Limitations
6. (a) The Company is not liable for any loss or damage to Goods except to the extent required by law.
(b) Where liability cannot be excluded, it is limited to $100 or the value of the Goods, whichever is less.
(c) Claims must be:
- lodged within 7 days (for damage);
- notified within 60 days (for non-delivery);
- subject to legal action within 9 months.
(d) The Company is not liable for any indirect or consequential losses, including loss of market or profit.
Loading and Unloading
7. (a) Unless otherwise agreed upon prior, the Customer is responsible for arranging and paying for loading and unloading. This does not apply to courier loads or removalist services.
(b) Delays not caused by the Company may incur additional charges.
(c) The Customer warrants the suitability of facilities and vehicle access at the collection and delivery sites.
(d) Where no prior agreement is made and the company driver is required to unload, the cost of this will be passed onto the Customer at a rate of $60.00ph + GST. This does not apply to courier loads or removalist services.
Customer’s Indemnity
8. The Customer indemnifies the Company against any claims, expenses or losses arising from:
-inaccurate documentation;
-inherent defect or quality of the Goods;
-breach of these terms.
-breakdowns, accidents, excessive traffic or other delays.
-accidental damage of items during transit
Quotations
10. All quotations are subject to change or withdrawal without notice.
Routes and Carriage
11. The Company reserves the right to determine the route and method of transport, even if specific instructions are given.
Payment Terms
12. All invoices must be paid upon delivery of items (prior in the case of removals). Failure to do so may result in interest charges, withheld services, and enforcement of lien rights.
Lien and PPSA
13. The Company has a general and particular lien over all Goods and documentation until all outstanding amounts are paid. The Customer consents to registration of a security interest under the Personal Property Securities Act 2009 (PPSA).
Dangerous, Perishable or Special Goods
14. Except by prior agreement in writing, the Company does not carry dangerous goods, valuables, or live animals. The Company may refuse, destroy or return such Goods at the Customer’s risk and expense.
Delivery
15. Delivery is deemed complete upon:
(a) a signed delivery docket or consignment note;
(b) leaving the Goods at the delivery location if no one is present;
(c) storing the Goods at the Customer’s cost if delivery is not possible.
Regulatory Compliance
16. The Customer is responsible for complying with all laws and providing all necessary documents.
Jurisdiction
17. These terms are governed by the laws of Victoria. Any disputes must be resolved in the courts of Victoria.