Terms and Conditions

 


  1. (a) - In these conditions the “carrier” means transdirect Pty Limited ACN 50 111 218 627 , all related companies to transdirect, and subcontracted by transdirect, and all persons engaged or employed by transdirect to provide transport services.
    (b) - “consignor” means the person or company with whom this contract is made.
    (c) - “goods” means the cargo accepted from the consignor, together with any container, packaging or pallets supplied by or on behalf of the consignor.
  2.  “services” means the whole of the operations and services undertaken by the carrier in connection with the goods including, but not limited to, the carriage, transportation or storage of the goods.
  3. The carrier is not a common carrier and reserves the right to refuse the carriage of any goods without assigning any reason for such refusal and regardless of whether its vehicles are full or not.
  4. All goods carried, or transported, or stored, and all storage and other services performed by the carrier are subject to these conditions and to the conditions endorsed upon any rate schedule, consignment note, booking sheet or customer acceptance form of the carrier current at the date of this contract. In the event of a conflict between these conditions and the previously mentioned documents, these conditions shall prevail. The particulars entered on the form attached to these conditions form part of these conditions in relation to each contract of carriage entered into between the consignor and carrier.
  5. Without prejudice to the generality of the foregoing and to the extent permitted by law, the consignor undertakes to indemnify the carrier in respect of any liability whatsoever and howsoever arising in connection with the goods to any person (other than the consignor) who claims to have, who has or who may hereafter have, any interest in the goods or any part thereof.
  6. The consignor authorises the carrier, with any other party, to undertake the carriage, transport or storage of the goods. Any such other parties shall be entitled to the benefit of these conditions to the same extent as the carrier. Insofar as it may be necessary to ensure that such other party is entitled, the carrier is deemed to have entered the contract on its own behalf and for its own benefit and also as agent and trustee for such other party. Any such arrangements are deemed to have been ratified by the consignor.
  7. The goods are deemed to be in transit notwithstanding that the carriage of the goods may have been interrupted by the carrier and/or may have been diverted from the usual route for such carriage.
  8. Freight shall be considered earned as soon as the goods are loaded and despatched.
  9. A re-delivery charge will apply where an attempt to deliver fails due to the receiver being unavailable to sign for the item(s). Basic charge of $10.00 plus $0.40 per kg. Based on greater of cubic 250kg = m3, or kg.
  10. $30.00 per pick up will be charged for futile pick up or no job. This is when the pickup is booked, but the freight is not available at the nominated time and location.
  11. Additional weight (not specified), or miscalculation in dimensions of freight will incur an additional charge of $10.00 plus $2.00 per kg, or cubic kg (based on 250kg=m3) whichever is greater.
  12. In order to provide the service specified by the consignor, the carrier reserves the right to use, or may use, any method/s of carriage at its absolute discretion including, without limitation, road, rail, sea or air and the consignor is deemed to have authorised such method/s. It is the responsibility of the consignor to comply with all the applicable laws (including, where necessary, the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and International Maritime Dangerous Goods Code) relating to the notification and/or description on the consignment note or in another written form; for the separate consigning and packing of the goods and for the expenses and charges of the carrier in compliance with any such law, or with any order or requirement thereunder or with the requirement of any Harbour, Dock, Railway, Shipping, Custom, Warehouse or any authority or company. If any of the goods are subject to the control of Customs, all Customs Duty/Excise Duty costs any fine or penalty which the carrier becomes liable to pay, or does pay, in respect of such goods pursuant to any law relating to Customs or Excise shall be paid by the consignor as an additional cost over and above the costs the consignor is otherwise liable to pay pursuant to this agreement.
  13. The consignor will not tender for carriage any explosive, inflammable or other dangerous goods or Restricted Articles within the meaning of The Air Navigation Orders, Part 33 of the I.A.T.A Restricted Articles Regulations, as in force at the date of this contract without furnishing to the carrier a full written description of those goods and, in default of so doing, will be liable for all loss and damage of whatever nature (and whether foreseeable or not) occasioned by any person, including the carrier. Where any goods which are to be carried contain such dangerous goods or Restricted Articles the consignor warrants that they are properly described and delivered to the carrier in the proper condition for carriage by air in accordance with the said orders and regulations. The consignor shall be liable for all loss, damage, and expense of whatsoever nature (and whether foreseeable or not) occasioned by the said goods or by reason of the fact that the same were explosive, inflammable, or otherwise dangerous goods or Restricted Articles or any breach hereof and the consignor indemnifies the carrier against all and any such loss, damage and expense sustained to any person including the carrier
  14. The consignor must fully and adequately describe the goods for carriage on the consignment note/line pad/electronic booking.
  15. It is the responsibility of the consignor to package the goods appropriately for the required service and weather conditions where known and the carrier will not accept any liability for any damage to the goods not adequately packaged for the type of goods and/or the type of service/destination.
  16. (a) - The carrier is authorised to deliver the goods at the address given to the carrier by the consignor for that purpose and it is expressly agreed that the carrier will be taken to have delivered the goods in accordance with this contract if at that address it obtains from any person a receipt or signed delivery docket for the goods.
    (b) - If the nominated place of delivery should be unattended, or if delivery cannot otherwise be effected by the carrier, the carrier may, at its option, deposit the goods at that place (which will be conclusively presumed to be due delivery under) or store the goods and, if the goods are stored by the carrier, the consignor must pay or indemnify the carrier for all costs and expenses associated with such storage. In the event that the goods are stored by the carrier, the carrier will be at liberty to re-delivery them to the consignor from the place of storage at the consignor’s expense.
  17. The consignor acknowledges that it is aware that the carrier is not an insurer of goods and that the carrier does not effect insurance on behalf of the consignor and that it should arrange for itself any insurance it may require in relation to the performance of this contract and to all goods entrusted or carried or handled or stored by the carrier. The consignor notes that under these conditions of carriage, the carrier has no liability for loss of or damage to the goods and that if the consignor wishes to protect itself from exposure to potential loss of this nature, it should arrange its own insurance.
  18. It is expressly agreed that any person who delivers the goods to the carrier for carriage, transport or storage is authorised to sign this contract and to accept the conditions on behalf of the consignor and the consignor is either the owner of the said goods or a person duly authorised by the owner or otherwise entitled to enter in this contract. The consignor acknowledges and agrees that no servant, agent, employee or sub-contractor of the carrier other than a Director or Secretary of the carrier has any power or authority to vary any of the conditions of the contract and that the conditions set forth herein and in the said rate schedule are the whole of the terms and conditions of this contract.
  19. If required by the carrier, the consignor must pay an additional fee to the carrier in respect of any delays in excess of 10 minutes for couriers and 30 minutes for taxi trucks in loading or unloading occurring other than from the default of the carrier. Such permissible delay period commences from the carrier reporting for loading or unloading. Labour and/or equipment to load or unload a vehicle are the responsibility of the consignor.
  20. The consignor expressly warrants to the carrier that the consignor is either the owner or the authorised agent of the owner of any goods or property which is the subject matter of this contract and by entering into this contract the consignor accepts these conditions of contract for the consignee as well as for all other persons on whose behalf the consignor is acting.
  21. To the extent permitted by law, notice in writing of any claim intended to be made under this contract must be given to the carrier within 5 (five) days after the date of delivery or, in the case of non-delivery within 30 days of this contract and unless so given and made the claim will not be enforceable against this carrier.
  22. The carrier accepts pallets, or any other packaging device or material, only on the express condition that all charges pertaining to the pallets, packaging devices or material will be paid by the consignor and, in the event of the carrier signing for receipt of any pallets, packaging devices or material, that they do so only on behalf of the consignor who accepts full responsibility for them and for freight charges thereon. The carrier accepts no responsibility for return of pallets.
  23. The consignor agrees that it will not employ or retain any employee, contractor or sub-contractor, either directly or through a third party (including inducing another transport company to engage the employee, contractor or sub contractor to do the work formally performed by the carrier), who has been employed and or engaged as a sub contractor by transdirect and/or any related company in the previous six months. The consignor agrees that breach of this clause will entitle the carrier to damages.
  24. To the extent permitted by law, the carrier will not be responsible for any loss of, or damage to, or incorrect delivery of, or delay in the delivery of, any goods including chilled, frozen, refrigerated or perishable goods however, whensoever or wheresoever occasioned in respect of any goods entrusted to, or carried or handled or stored by, it even when such loss, damage, incorrect delivery, non-delivery or delay in delivery may be occasioned by the negligence of wrongful act of whatsoever nature of the carrier (whether intentional or not) and the consignor expressly agrees that this contract contains no clause, condition or warranty express or implied, which would make the carrier responsible for any loss, damage, incorrect delivery, non-delivery or delay in the delivery of goods referred to herein. The consignor expressly warrants and agrees that the contract of carriage herein entered into contains no clause, condition or warranty expressed or implied, which would make the carrier responsible for any loss, damage, incorrect delivery, non-delivery or delay in the delivery of goods referred to herein; and the consignor hereby indemnifies the carrier against all and any loss, damage and expense sustained by any person (including the carrier) by reason of any such loss, damage, incorrect delivery, non-delivery or delay in delivery.
  25. Notwithstanding any other provisions of this agreement, this agreement shall not be construed so as to exclude or limit any liability of the carrier to consumers which arises and which may not by law be excluded or limited under the Trade Practices Act 1974 of the Commonwealth of Australia, or any similar law of a State or Territory which may be applicable to the contract.
  26. To the extent that it may be permitted by the provision of Section 68A of the Trade Practices Act 1974 of the Commonwealth of Australia the liability of the carrier, if any, under any condition or warranty implied herein by the provision of the said Act shall be limited to, at the carrier’s option, the supplying again of any services to be supplied by the carrier to the consignor under this agreement or the payment by the carrier to the consignor of the cost of having such services supplied again.
  27. To the extent permitted by law, the carrier shall not be liable for any loss of profit, loss of market share or any indirect or consequential loss, concealed damage or loss owning to the inherent vice or nature of the goods (including chilled, frozen or refrigerated or perishable goods) either in transit or in storage and whether caused by the negligence or wrongful act or default of the carrier or any other cause whatsoever,
  28. (a) - The consignor must pay to the carrier any amount (“GST amount”) which is payable by the carrier on account of a goods and services tax, value added tax or any other like tax (“GST”) as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with this contract.
    (b) - The GST Amount must be calculated by multiplying the amount on which the GST is calculated by the prevailing rate of GST.
    (c) - The consignor must pay any GST Amount at the same time and in the same manner as making payment of any consideration on which the GST Amount is calculated. If the GST Amount is not calculated on consideration, the consignor must pay the GST Amount within 7 (seven) days of receipt of a written demand from the carrier.
  29. The consignor must pay any amount it is required to pay under this clause in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
  30. All the rights, immunities, indemnities and limitations in this contract continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or any conditions hereof by the carrier.
  31. The carrier has a lien on the goods and all associated documents and on any goods in which the consignor may have an interest, which may have come into its possession for any reason. The lien is for all monies owning, or alleged by the carrier to be owing, by the consignor to the carrier.
  32. If the consignor fails on reasonable demand being made to pay charges due to the carrier in respect of any services rendered by the carrier whether under this contract or otherwise the carrier may detain and/or sell any of the goods of the consignor which are in its possession at any time and whether the charges relate to that contract of carriage or previous contracts and, out of the monies arising from such sale, retain any monies due to the carrier together with all charges and expenses of the detention and/or sale and shall render the surplus (if any) of the monies arising from any sale, and such of the goods as remain unsold, to the party entitled thereto. Any such sale shall not prejudice or affect the right of the carrier to recover from the consignor the balance of any such charges due or payable in respect of such service, or the detention and/or sale.
  33. It is agreed that if any provision of this contract is unenforceable such provision is severable and its unenforceability will not effect any other part or provision of this contract.
  34. This contract is governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

 

Privacy Policy

Transdirect is an online courier service. Transdirect values our relationship with you and the other users of this website. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the Web Site. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us at info@transdirect.com.au.

Transdirect 's Commitment to Online Security

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Personal Information that Transdirect May Collect Online

Transdirect collects personal information online, including names, postal and e-mail addresses, phone numbers and billing information. Transdirect may also collect business information from sole proprietorships that apply for membership and for program participation, some of which could constitute personal information, as well as personal information from individuals acting solely in their business capacity.

How Transdirect Uses Personal Information Collected Online

We will use your personal information only for the purposes of processing your order and to communicate effectively with you. This communication includes but is not limited to; emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations, etc. As a condition of sale we reserve the right to email you special offer promotions that we believe will be of interest to you. You may, once you have placed your order, advise us that you are not interested in these offers and we will consequently not send these to you. To do this please send this request to info@transdirect.com.au. In any event, you may, at any time, unsubscribe from any special offer promotions we send you, and your unsubscribe request will be actioned immediately. Our research may lead to the publication of aggregate demographical data but will not result in the reporting or publication of any personal information provided to us.

How Your Information May Be Shared

We never sell or rent your personal information. Transdirect may release personal information under the following circumstances:

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