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Standard Terms & Conditions

Aceit Transport Solutions Pty Ltd 

STANDARD TERMS & CONDITIONS

1. DEFINITIONS

'Aceit' or 'we' means aceit Transport Solutions Pty Ltd, ABN 52 799 428 981

'You' and 'your' and 'yours' means the customer identified in the Application for Credit

'Contract' means all contracts entered into between Aceit and you

'Carrier' means aceit Transport Solutions Pty Ltd, ABN 52 799 428 981;

'Customer' means the customer identified in the Application for Credit;

'Sub-Contractor' means and includes:-

(a) any subsidiary (as defined in Corporation Act) of Aceit;

(b) any other person, firm or company with whom Aceit may arrange for the carriage, handling or storage of any goods of yours.

2. ENTIRE CONTRACT

These conditions cancel and are in substitution for all or any previous conditions and are subject to change without reason by Aceit and these conditions do not constitute an offer to sell or to supply any services to you. 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 Aceit and you and no other agreement in any way modifying any of the said terms and conditions will be binding upon Aceit unless made in writing and signed by Aceit'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 your order by Aceit, unless stated otherwise.

4. PRICE

4.1 The price charged shall be Aceit's price ruling at the date the service is supplied unless otherwise agreed in writing. This included minimum service fees we charge.

4.2 Any price indications or price lists are subject to alteration to Aceit'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 You are 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 Aceit 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 Aceit shall be subject to correction.

4.7 Aceit'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 Aceit hereunder but Aceit may set off any amounts owed to Aceit by you for the amounts Aceit owes you.

4.9 Aceit shall have a right of lien over the goods or any other goods of yours and documents relating thereto in respect of all unpaid charges and other monies due to Aceit whether pursuant to the terms hereof or otherwise and whether such goods have at any time left the possession of Aceit.

4.10 For the purposes of the lien hereby given, Aceit may detain and sell by public auction or private treaty without notice to you all or any of your goods 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. 

4.12 You undertake that no claim or allegation shall be made against Aceit, 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, you absolutely without exception agree to free, release, hold harmless, indemnify and keep indemnified Aceit against each and every consequence thereof.

5. PAYMENT TERMS

12. 5.1 If Aceit shall extend credit to you, 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, then the unpaid balance of those charges 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 Aceit 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 Aceit from time to time in its standard charges.

5.5 On your written request Aceit will provide additional replacement Invoice/Statements to you at a cost of $2.00 per page to you.

5.6 If a cheque is tendered in payment and is not honoured, then you 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 Aceit 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 Aceit is not a common carrier and will accept no liability as such. 

6.2 Aceit reserves the right to refuse to handle, transport or store goods for any reason whatsoever.

6.3 Aceit may arrange with a Sub-Contractor for the carriage or storage of any goods subject to this agreement.

6.4 You are responsible to effect and meet the cost of any insurance cover that is deemed necessary.

6.5 You undertake that no claim or allegation shall be made against Aceit, 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, you absolutely without exception agree to free, release, hold harmless, indemnify and keep identified Aceit against each and every consequence thereof.

7. SUB CONTRACTORS

7.1 Aceit may arrange with a Sub-Contractor for the carriage or storage of any goods subject to this agreement.

7.2 You undertake that no claim or allegation shall be made against Aceit, 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, you absolutely without exception agree to free, release, hold harmless, indemnify and keep identified Aceit against each and every consequence thereof.

8. NO CARRIER'S LIABILITY AND NO WARRANTIES

8.1 Your goods are in all things at your risk and not Aceit's. 

8.2 Aceit will make all reasonable efforts to have any goods delivered to you on the date agreed between the parties as the Delivery Date. Aceit shall be under no liability whatsoever should delivery not be made within the time specified.

8.3 Aceit 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 Aceit, or whether or not any of the above occurs in the course of the performance or purported performance by Aceit of the Contract or whether or not the acts or defaults are in the contemplation of Aceit and/or you or whether or nor such acts or defaults are foreseeable by them or either of them.

8.4 The disclaimer in clause 8.3 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 Aceit.

8.5 All the rights, immunities, benefits and limitations of liability granted to Aceit 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 Aceit.

8.6 Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to Aceit or to which Aceit is entitled hereunder shall also be available and shall extend to protect:-

(a) all Sub-Contractors;

(b) every servant or agent of Aceit 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 Aceit 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. YOUR STATUTORY RIGHTS

These Terms and Conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon you or the liabilities imposed upon Aceit, 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 You hereby authorise Aceit 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 Aceit and Aceit shall be entitled to ignore any instructions in relation thereto.

10.2 Aceit is authorised to deliver the goods at the address nominated to Aceit by you for that purpose and without prejudice to the foregoing it is expressly agreed that Aceit 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 Aceit, Aceit may at Aceit'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 Aceit you shall pay or indemnify Aceit for all costs and expenses incurred in or about such storage. In the event that the goods are stored by Aceit, Aceit shall be at liberty to re-deliver them to you from the place of storage at your cost at the then applicable rates of carriage and storage.

11. AUTHORITY 

11.1 The Person delivering any goods to Aceit of carriage or storage is authorised to sign the consignment note for you.

11.2 You warrant to Aceit that you are either the owner or a person having a interest in the goods or their authorised agent and by entering into the Contract you are doing so for yourself as well as for all other persons on whose behalf you are acting.

12. YOUR WARRANTIES

12.1 You warrant to Aceit that you 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 You will fully, adequately and accurately describe the goods on the consignment note.

12.3 You warrant 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

You acknowledge that Sub-Contractors of Aceit are contractually bound to Aceit including a covenant not to undertake carrier work for customers of Aceit 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 you agree it will not directly or indirectly induce any Sub-Contractor to breach its contract with Aceit.

14. DEFAULT

On happening of any one or more of the following events, namely:

14.1 you fail to make payment to Aceit on the due date;

14.2 an Administrator or Liquidator is appointed over all or any of your assets or a scheme of arrangements is proposed or approved with respect to you or a mortgagee enters into possession of any of your assets;

14.3 an application is made for the winding up of you;

14.4 any event occurs which would confer upon any person or entity the right to institute proceedings for the winding-up of you, or you appoint an administrator as defined in the Corporations Act;

14.5 in the case of you being a natural person, you commit an act of bankruptcy;

14.6 in the case of you being a partnership, sub-paragraph 14.4 and/or 14.5 applies to any of the partners;

then Aceit 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 you to Aceit and you agree to pay the same immediately;

(ii) you shall pay to Aceit 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 Aceit's behalf in respect of any enforcement hereof or recovery or attempted recovery of either the monies owing by you to Aceit.

15. FUTURE DEALING

Unless otherwise agreed to in writing by Aceit and notwithstanding any terms appearing in documentation provided by or on your behalf these Terms and Conditions shall be incorporated as express terms and conditions into all Contracts by Aceit to supply you with services.

16. CONSTRUCTION 

16.1 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.

16.2 No waiver by Aceit of any breach of ant term of any agreement with you from time to time shall be deemed to be a waiver of any subsequent breach of any kind.

16.3 Singular words shall include plural and vice versa.

16.4 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

16.5 No one provision herein shall limit the generality of any other provision herein. In the event that you use or attempt to use or issue or attempt 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 you and these Terms and Conditions shall prevail.

16.6 These Terms and Conditions bind you and your executors, administrators, successors and assigns as the case may be.

17. VARIATION OF CONDITIONS 

Aceit 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 you.

17.1 Such notice shall be deemed to be notice to every servant or agent of yours.

17.2 These terms cannot be waived or varied except by Aceit

18. 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:

18.1 they have read, understood and agreed to be bound by all these Terms and Conditions;

18.2 any amendment terms of credit pursuant to clause 10 will apply on and from any acceptance of services from Aceit on credit whether or not the application has signed or fully signed these terms;

18.3 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;

18.4 in accordance with paragraphs (b), (e) and (h) of section 18K and/or section 18L(4) of the Privacy Act 1988, that disclosure by credit reporting agency and/or use by Aceit of the relevant information referred to those sections may occur for the purpose of assessing this application

18.5 Aceit may supply information about the credit worthiness to other credit providers and authorises trade reference to provide Aceit with information about the credit worthiness; and

Revised 17 March 2010

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.

By downloading the Aceit Couriers application form you acknowledge you have read the below Conditions of Cartage & Terms and Conditions. For more information, call 08 8451 0555.

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