Inbox™ Australia – Terms and Conditions.

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1. DEFINITIONS

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1.1 The meanings of the terms used in these conditions are set out below.

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Carriage

The whole of the operations and services undertaken by the Carrier or any Person on behalf of the Carrier in respect of the Goods (whether gratuitously or not), including but not limited to loading, unloading, packing, handling, unpacking, and storage of the Goods, towing a trailer, and the provision of any advice.

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Carrier

Inbox™ Moving Trust, ABN 62 464 837 309, trading under Inbox™ Australia or under any other business name and its officers, employees, agents, and Subcontractors.

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Chain of Responsibility Law

The Heavy Vehicle National Law as enacted in any Australian state dealing with the obligations of parties involved in road transport activities, such as consignors, transport operators, loaders, drivers, and schedulers.

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Consequential Loss

Any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted, or deferred production; inability to produce, deliver, or process; loss of profit, revenue, or anticipated revenue; loss of bargain, contract, expectation, or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of the Carriage and whether or not foreseeable at the time of entering into these conditions.

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Consignor

The Person who engages the Carrier to provide services of Carriage.

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Consignee

The Person who is responsible for the receipt of the Goods.

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Container

Includes any container, trailer, wagon, transportable tank, pallet, flat rack, or any other unit or device used to consolidate Goods.

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Dangerous Goods

Goods that are or may become noxious, dangerous, flammable, or damaging or that may harbor or encourage vermin or other pests, or that are or may become liable to damage any property whatsoever.

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Goods

The property accepted by the Carrier from the Consignor for Carriage and includes any Container or packaging supplied by or on behalf of the Consignor.

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Person

Includes a corporation, company, partnership, or any other entity.

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PPSA

Personal Property Securities Act 2009 (Cth)

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Subcontractor

Includes any Person who pursuant to a contract or arrangement with any other Person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of it.

1.2 Terms used in these conditions have the same meaning as under the PPSA.

1.3 A reference in these conditions to a statute includes a reference to all enactments amending or consolidating the statute and to an enactment substituted for the statute and any subordinate legislation, including regulations.

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2. NEGATION OF LIABILITY AS A COMMON CARRIER

The Carrier is not a common carrier and will accept no liability as such. All Goods are carried and all storage and other services are performed by the Carrier subject only to these conditions, and the Carrier reserves the right to refuse the Carriage of Goods for any Person and the Carriage of any class of goods at its discretion.

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3. CARRIER’S OBLIGATIONS

The Carrier will:

(a)  take reasonable care to protect and safeguard the Goods.

(b)  provide the Carriage exercising the degree of skill, care and efficiency that would be expected from a competent service provider experienced in providing Carriage.

(c)  obtain and maintain at its own expense all proper and necessary licences as may be required by law in connection with the provision of the Carriage.

(d)  use reasonable endeavours to deliver the Goods to the address nominated by the Consignor (subject to compliance with all applicable laws, including Chain of Responsibility Law); and

(e)  use reasonable endeavours to comply with the Consignor’s reasonable and lawful directions.

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4. CONSIGNOR’S WARRANTIES

4.1 The Consignor warrants that:

(a)  the Goods are fit for Carriage and have been suitably packaged for those purposes.

(b)  the Consignor has the authority of all Persons owning or having any interest in the Goods to accept these conditions on their behalf.

(c)  the details of description, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Consignor, or any other party are correct.

(d)  there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered.

(e)  any place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available.

(f)  Carriage is supplied for the purpose of a business, trade, profession or occupation carried on or engaged in by the Consignor.

(g)  where required by law, it has accurately completed and supplied a container weight declaration form.

(h)  it has complied with all laws and regulations in relation to Carriage of the Goods; and

(i)  unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods.

4.2 The Carrier relies on the details of description, items, pallet space, quantity, weight, quality, value and measurements supplied by the Consignor but does not admit their accuracy.

4.3 The Carrier accepts no responsibility for collection of cash or other payments from any party.

4.4 The Consignor will indemnify the Carrier:

(a)  in respect of any liability whatsoever in respect of the Goods to any Person (other than the Consignor) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods.

(b)  against all losses, damages, claims, fines, expenses, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of:

               (i)  a breach of the Consignor’s obligations under these conditions.

               (ii.)  the nature or condition of the Goods.

               (ii.)  any negligence, wilful misconduct or recklessness of the Consignor or the Carrier.

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5. SUBCONTRACTING

5.1 The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.

5.2 The Consignor agrees that no claim or allegation may be made against any employee, agent, or Subcontractor of the Carrier that imposes or attempts to impose upon such Person any liability whatsoever arising out of or in any way connected with the Goods or the Carriage of them whether or not arising out of negligence or a wilful act or omission on the part of any of them and if such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences of any such claim or allegation.

5.3 Every exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled under these conditions will also be available to and will extend to protect:

(a)  all Subcontractors.

(b)  every employee or agent of the Carrier or of a Subcontractor.

(c)  every other Person (other than the Carrier) by whom the Carriage or any part of it is undertaken;

(d) all Persons who are or might be vicariously liable for the acts or omissions of any Person falling within clauses 5.3(a), 5.3(b) or 5.3(c).

5.4 For the purposes of clause 5.3 the Carrier is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such Persons and each of them and all such Persons and each of them will to this extent be or be deemed to be parties to these conditions.

 

6. LIABILITY OF CARRIER

6.1 The Consignor acknowledges and agrees that neither the Carrier nor any employee or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to these conditions will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for deterioration, evaporation, contamination, misdelivery, delay in delivery or non-delivery, loss of or damage not caused by the negligence of the Carrier or its officers, employees or agents or its Subcontractors.

6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause if not proven that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

6.3 Notwithstanding any other provision of these conditions, the Carrier will under no circumstances be liable for any claim for Consequential Loss.

6.4 Where clauses 6.1, 6.2, or 6.3 cannot legally operate and to the extent permitted by law, the Carrier’s liability (including for breach of any warranty, guarantee or any term implied by law into these conditions) is limited to:

(a)  in the case of the supply of Carriage, the cost of having those services supplied again; or

(b)  in the case of the supply of goods, the lesser of the cost of repair or replacement of the damaged goods. The carrier shall assess the extent of damage and determine the most cost-effective solution, taking into consideration the depreciation of the item(s) involved.

 

7. LOSS OR DAMAGE

7.1 Australian Consumer Law. Except where the Services are required by the Consignor for the purposes of a business, trade, profession or occupation in which engaged, this agreement will be subject to the guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the Services will be rendered with due care and skill, and the following conditions of this clause 6 will apply.

7.2 Negligence. The carrier will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by the Carrier’s negligence (including the negligence of any Subcontractor). We will not be liable for loss or damage to the Goods caused or contributed to by the Consignor or someone else that We are not responsible for at law.

7.3 Exclusions. The Carrier will not be liable for any loss or damage nor any delay which results from any cause beyond the Carrier’s control, including any loss or damage occurring in the course of the provision of Ancillary Services by Third Party Providers.

7.4 Damage to Goods – Packaging. If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by the Carrier or a Subcontractor, the Carrier will not be liable.

7.5 Damage to Goods – Goods out of their original packaging – The carrier shall not be liable for any damages, losses, or liabilities arising from the transportation, handling, or storage of items that are not in their original packaging. The consignor acknowledges that items handled without their original packaging are at an increased risk of damage or loss during the process.

7.6 Damage to Goods – Inherent Risk. Certain goods (including but not limited to: ceramic, stone, concrete, terracotta, glass or electrical and mechanical appliances, computer equipment, scientific and musical instruments) are inherently susceptible to suffer damage or disorder upon transport due to their fragile nature. The carrier shall not be held responsible for any deterioration, damage or loss incurred during transit, handling or storage of such items.

7.7 Notification of Loss or Damage. The Consignor is required to make a formal report at the conclusion of the transit and responsible at that time to confirm that all of the Goods have been delivered, there are no missing items and the Goods are in acceptable condition. Any claim for loss or damage under this clause 7 is to be notified by the Consignor to the Carrier in writing, or by telephone and later confirmed in writing, as soon as possible and within 24hours after the date of delivery. We will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if that notification is given to the Carrier within 1 working day.

 

8. ROUTE AND DEVIATION

8.1 The Consignor authorises any deviation from the usual route or manner of Carriage of Goods that may in the absolute discretion of the Carrier be considered desirable or necessary in the circumstances.

8.2  If the Consignor expressly or impliedly instructs the Carrier to use, or it is expressly or impliedly agreed that the Carrier will use a particular method of handling or storing the Goods, or a particular method of Carriage whether by road, rail, sea or air, the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier, the Consignor authorises the Carrier to handle, store or carry or to have the Goods handled, stored or carried by another method or methods.

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9. DELIVERY

9.1 The Carrier is authorised to deliver the Goods at the address nominated to the Carrier by the Consignor for that purpose. The Carrier will be conclusively presumed to have delivered the Goods in accordance with these conditions if at that address it obtains from any Person a receipt or signed delivery docket for the Goods.

9.2  If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the Carrier or the consignee otherwise fails to take delivery of the Goods the Carrier may at its option deposit the Goods at that place (which will be conclusively presumed to be due delivery under these conditions) or store the Goods and if the Goods are stored by the Carrier the Consignor will 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 will be at liberty to redeliver them to the Consignor from the place of storage at the Consignor’s expense.

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10. STORAGE

10.1 Where Goods are stored by the Carrier at the request of the Consignor, the Consignor will provide:

(a)  an address to which notices will be sent;

(b)  samples of the signatures of persons entitled to collect the Goods; and

(c)  an inventory of the Goods to be stored.

10.2 The Carrier may remove the Goods from a place of storage to another place of storage at its discretion.

10.3 Storage charges do not include removing, packing, unpacking, stowing, restoring or delivering.

10.4 The Consignor must give 48 hours’ notice to the Carrier of its intention to remove Goods from storage.

10.5 The Carrier will not be obliged to deliver any Goods except to the Consignor or to a person authorised in writing by the Consignor to receive the Goods without:

(a) a direction in writing from the Consignor; and

(b)  payment of all amounts due by the Consignor to the Carrier on any account whatsoever.

10.6 The Consignor will remove its Goods from storage within a month of receipt of written notice from the Carrier.

10.7 If any identifying document or mark is lost, damaged, destroyed or defaced, the Carrier may open any document, wrapping, package or other Container in which the Goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership.

10.8 The Goods are Stored entirely at the risk of the consignor, and the carrier accepts no liability for the goods whatsoever. The carrier strongly recommends the consignor to organise insurance for their goods.

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11. GENERAL LIEN

11.1 The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Consignor on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage.

11.2 Without prejudice to any other rights the Carrier may have under legislation, if charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately:

(a)  remove all or any of the Goods and store them as the Carrier thinks fit at the Consignor’s risk and expense;

(b)  open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused.

11.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage.

11.4 The Consignor agrees that the lien arising under these conditions is a security interest.

11.5 If the Carrier requests, then the Consignor must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Consignor to be done under this clause will be done by the Consignor at its own expense. The Consignor agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause.

11.6 The parties agree that, to the extent permitted by the PPSA:

(a)  sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Carrier);

(b)  any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and

(c)  any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these conditions is waived.

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12. DELAY IN LOADING OR UNLOADING

12.1 The Consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in accordance with its schedule of rates in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period will commence upon the Carrier reporting for loading or unloading. Labour to load or unload shall be the responsibility and expense of the Consignor or consignee.

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13. CARRIER’S QUOTES & CHARGES

13.1 Any quotation given by the carrier to the consignor is valid for the period of 120 days from the date of the quotation.

13.2 Acceptance of a quotation is effective upon acknowledging and proceeding with the carriage within the said time period.

13.3 Quotations and Rates may be varied from time to time, and the carrier reserves its right to make such variance. The varied rates will apply from the date specified by the carrier.

13.4 The Carrier may, at its discretion, charge 10% annually interest rate compounding daily in arrears on any outstanding amount. The carrier also may charge a penalty of $50 per invoice overdue of the consignor.

13.5 The Carrier’s charges will be deemed fully earned after 14 days upon receipt of the Invoice sent by the Carrier and are non-refundable in any event. The Consignor agrees to pay all sums due to the Carrier without any deduction, counterclaim or set-off.

13.6 Any special instruction given by the Consignor to the effect that charges will be paid by the consignee or any other third party will be deemed to include a stipulation that, if the consignee or third party does not pay the charges within seven days of the date of delivery or attempted delivery of the Goods, the Consignor will pay such charges.

13.7 Insurance is not included in any quotation by the carrier.

13.8 All quotes are based on the information the consignor provided, such as the type of goods, dimensions, weight, addresses, etc. Incorrect information will result in an inaccurate quotation and the carrier holds the right to adjust the quote accordingly.

13.9 Where the Carrier stores Goods for the Consignor, the Consignor must:

(a) pay the Carrier’s expenses and charges to comply with any law or regulation or any order or requirement made under them or with the requirement of any market, harbour, dock, railway, shipping, customs, excise or warehouse authority, or other Person.

(b)  if any Goods are under customs control, pay all Customs duty, excise duty and costs (including any fine or penalty) that the Carrier becomes liable to pay or pays.

(c)  supply or pay for labour or machinery, or both, to load or unload the Goods.

(d)  compensate the Carrier for any cost, expense or loss to the Carrier’s property or any injury to any Person caused by the Goods; and

(e)  if the Goods are at any time re-quantified, re-weighed or re-measured, pay any proportional additional charges.

13.10 The Carrier reserves the right to rescind all discounted quoted rates and recalculate outstanding charges at the current advertised schedule rates should accounts fail to be finalised within trading terms.

13.11 Where credit is granted to the party responsible for payment of the Carrier’s charges, the Carrier operates on fourteen (14) day terms from the date of any invoice.

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14. DANGEROUS GOODS

14.1 If the Carrier accepts Dangerous Goods for Carriage:

(a)  such Goods must be accompanied by a full written declaration disclosing the nature of such Goods;

(b)  the Consignor must comply with all laws, regulations, ordinances and codes that deal with the Carriage of Dangerous Goods, including but not limited to the Australian Code for the Transport of Dangerous Goods by Road & Rail; and

(c)  the Consignor warrants that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature.

14.2 The Consignor will indemnify the Carrier against all loss, damage or injury howsoever caused arising out of the Carriage of any Dangerous Goods whether declared as such or not and whether or not the Consignor was aware of the nature of the Goods.

14.3 The indemnity in clause 13.2 extends to Consequential Loss.

14.4 If, in the opinion of the Carrier, the Goods are or are liable to become of a dangerous or flammable or damaging nature, the Goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Consignor and without prejudice to the Carrier's right to charge for the Carriage of the Goods.

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15.FORCE MAJEURE

15.1 The Carrier will not be liable for any failure or delay in performance of the Carriage if such failure or delay is due, in whole or in part, to any cause whatsoever beyond its control including but not limited to acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage and revolution, explosions and nuclear accidents, strikes, labour disputes and other industrial disturbances, any road closure or congestion of roads, any quarantine or customs restriction, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, machinery or equipment.

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16.NOTIFICATION OF CLAIM

16.1 Notwithstanding any other provision of these conditions (other than clause 17), the Carrier will, in any event, be discharged from all liability whatsoever in respect of the Goods unless written notice of a claim or an intended claim (together with particulars of the circumstances on which the claim is based) is given to the Carrier:

(a)  in the case of Goods allegedly lost or damaged in the course of loading, unloading or transit within fourteen (14) days from the delivery of the Goods or from the date on which in the ordinary course of business, delivery would have been effected; or

(b)  in the case of Goods allegedly lost or damaged during storage, within fourteen (14) days of the date of removal of the Goods from storage.

16.2 The Carrier will, in any event, be discharged from all liability whatsoever in respect of the Goods unless suit is brought:

(a)  in the case of Goods allegedly lost or damaged in the course of loading, unloading or transit within twelve months of their delivery or of the date on which they should have been delivered; or

(b)  in the case of Goods allegedly lost or damaged during storage, within twelve months of the date of removal or attempted removal of the Goods from storage.

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17. APPLICABLE LEGISLATION

17.1 Notwithstanding anything contained in these conditions, the Carrier will continue to be subject to any implied terms, conditions, guarantees or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth or state legislation in so far as such may be applicable and prevents the exclusion or modification of any such term, condition, guarantee or warranty.

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18.CHAIN OF RESPONSIBILTY LAW

18.1 The Carrier, Consignor and consignee must comply with all applicable laws and regulations, including Chain of Responsibility Law.

18.2 The Consignor must not impose any requirement on the Carrier that would directly or indirectly encourage or require the Carrier or any person on behalf of the Carrier to speed, drive while fatigued or otherwise perform the Carriage in an unsafe manner.

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19. ENTIRE AGREEMENT

19.1 These conditions represent the entire agreement between the parties and supersede all prior representations, agreements, statements and understandings between them.

19.2 The Carrier will not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in writing and signed on behalf of the Carrier by an authorised officer of the Carrier.

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20. USE OF IMAGE

20.1 By engaging with the carrier services, the consignee grants the carrier the right to take photographs of the items and property for proof of delivery. The consignee consents to the use of these photographs by the carrier for marketing and promotional purposes, including but not limited to social media, the carrier's website, and other marketing materials. You further agree that copyright in these materials rests with Inbox Australia.

 

21.GENERAL

21.1 These conditions will be construed in accordance with the laws in force in Australia and the parties submit to the jurisdiction of the courts.

21.2 Headings are included for convenience only and do not affect interpretation of these conditions.

21.3 Words importing the singular include the plural and vice versa and words importing a gender include other genders.

21.4 Where the Consignor or consignee comprises two or more Persons an agreement or obligation to be performed or observed by the Consignor or consignee binds those Persons jointly and severally.

21.5 If any part of these conditions is invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted; and these conditions will remain otherwise in full force.

21.6 The indemnities in these conditions survive the termination or expiration of any agreement that incorporates these conditions.

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