Customer Terms & Conditions of Carriage

These Terms are Ontime Haulers' master customer-facing terms for transport, handling, storage and related Services. They are to be read with the applicable quotation, booking confirmation, service/rate schedule and any written special conditions accepted by Ontime Haulers.

Important: Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified.

1. Definitions & Interpretation

1.1 Definitions

• ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended.
• Authority to Leave / ATL means an instruction from the Customer authorising delivery without obtaining a signature or personal acknowledgement from the Consignee.
• Business Day means a day other than Saturday, Sunday or a public holiday in Queensland.
• Carrier means Ontime Haulers Pty Ltd and, where the context requires, its directors, officers, employees, agents, subcontractors and authorised representatives.
• Charges means freight charges, fuel levies, waiting time, storage, redelivery, additional services, administration charges, tolls, government charges, taxes and other amounts payable.
• Consignee means the person or business nominated to receive the Goods.
• Consignment means one or more Goods accepted under a booking, consignment note or invoice.
• Customer means the person or entity requesting or arranging Services, whether acting as principal, agent, consignor or otherwise.
• Dangerous Goods means goods regulated as dangerous goods under applicable Australian law, including the current Australian Dangerous Goods Code where applicable.
• Delivery Point means the address or location nominated for delivery.
• Goods means all items accepted for carriage or storage, including pallets, cartons, machinery, equipment, parcels and documents.
• Loss means loss, theft, deterioration, contamination, destruction, delay, misdelivery or damage, to the extent recognised by law.
• POD means proof of delivery in electronic or paper form.
• Services means transportation, collection, delivery, handling, storage, warehousing, cross-docking and related logistics services.
• Subcontractor means a third party engaged by the Carrier to perform all or part of the Services.

2. Application, Acceptance & Contract Formation

3. Carrier Status, Acceptance & Refusal of Goods

3.1 The Carrier is not a common carrier and does not undertake to accept every item offered for carriage or storage. The Carrier may refuse or suspend Services where permitted by law.

3.2 Reasons for refusal include:

• Goods are unsafe, prohibited or unlawful.
• Goods are inadequately packaged, labelled or secured.
• Actual weight, dimensions or quantity materially exceed the declared information.
• The Goods may damage other freight, equipment, people or property.
• Required permits, documentation, equipment or licences are unavailable.
• The Carrier reasonably considers the proposed Services unsafe, impracticable or unable to be performed lawfully.
• The Customer has materially breached these Terms or has overdue amounts.

4. Quotations, Bookings & Service Availability

4.1 Quotations are estimates unless expressly stated as fixed or otherwise agreed in writing. Quotations are based on the information supplied by the Customer and the service assumptions stated in the quotation.

4.2 The Carrier may revise a quotation before accepting a booking, or adjust Charges after carriage where actual freight or service requirements differ materially from the information provided, including where:

• weight, dimensions, pallet spaces or quantity differ;
• additional labour or equipment is required;
• access, parking or site conditions differ;
• waiting, futile collection or failed delivery occurs;
• the service level, route or vehicle requirement changes;
• tolls, government charges or other third-party costs arise.

5. Pricing, Fuel Levy & Additional Charges

5.1 Unless a quotation states otherwise, Charges may be determined by the applicable rate card and the greater or otherwise applicable measure of actual weight, volumetric weight, pallet space, cubic measurement, vehicle requirement or minimum charge.

5.2 The Carrier may measure, weigh, scan or otherwise verify Goods. If actual information differs from the booking information, the applicable Charges may be recalculated.

5.3 Where a fuel levy applies, it will be charged according to the rate or formula applicable to the quotation, account or current rate schedule. Fuel levy methodology may be updated from time to time.

5.4 Additional Charges may apply for:

• dangerous goods;
• tailgate or manual handling;
• special or restricted-access locations;
• waiting time, futile collection, futile delivery or redelivery;
• time-slot or appointment deliveries;
• after-hours, weekend or public-holiday services;
• oversized, overweight or irregular freight;
• crane, forklift or specialised equipment;
• tolls, ferries, remote-area or government charges;
• storage, repackaging, relabelling, restacking or additional securing;
• biosecurity, quarantine, customs or regulatory charges;
• additional labour reasonably required for the Services.

6. Customer Warranties & Information

The Customer warrants that:

• it has authority to request the Services and accept these Terms;
• it owns the Goods or has authority from the owner to instruct the Carrier;
• all descriptions, weights, dimensions, quantities and delivery requirements are accurate;
• the Goods may lawfully be transported and stored;
• the Goods are properly packaged, labelled and secured;
• all required permits, licences, approvals and documentation will be supplied;
• the Customer will comply with applicable laws, including CoR and dangerous-goods requirements.

7. Collection, Customer Site & Access Requirements

7.1 Customer responsibilities:

• Goods must be ready, packaged, labelled and available for collection at the agreed time.
• Collection and delivery addresses must be accurate and accessible.
• The Customer must disclose restricted access, height/weight limits, loading-dock requirements, site hazards and special instructions.
• Safe loading and unloading conditions and any required customer-controlled equipment or labour must be available.
• Lawful parking and safe vehicle access must be available where reasonably required.

8. Packaging, Labelling & Pallets

8.1 The Customer is responsible for packaging sufficient to withstand normal transport, handling, loading, unloading and storage risks, including vibration, movement, weather exposure and stacking where applicable.

8.2 Each package should clearly identify the Consignee, delivery address, sender, suburb/postcode, booking or consignment reference and relevant handling instructions.

8.3 The Carrier may refuse inadequately packaged Goods. Acceptance of inadequately packaged Goods does not constitute approval of the packaging or acceptance of liability for damage caused by the packaging.

8.4 Labels such as 'Fragile', 'Glass' or 'Handle With Care' do not, by themselves, create a special handling service. Special handling must be expressly agreed.

8.5 Pallets:

• Pallets must be structurally sound, stable and suitable for forklift handling.
• Unsafe, overloaded, broken or inadequately secured pallets may be refused.
• Where reasonably necessary, the Carrier may restack, secure, re-wrap, separate or replace unsafe pallets and charge reasonable costs.
• CHEP, LOSCAM and other hire-pallet obligations remain with the Customer unless otherwise agreed.
• Pallet exchange is not included unless expressly agreed.

9. Dangerous Goods & Regulated Freight

9.1 All Dangerous Goods and other regulated freight must be declared before collection. The Customer must provide complete and accurate descriptions.

9.2 Documentation required may include:

• Safety Data Sheets where applicable;
• dangerous-goods declarations and transport documents;
• emergency information;
• labels, placards and other markings required by law;
• permits or approvals required for the particular Goods.

10. Delivery, POD & Authority to Leave

10.1 Delivery may be completed when Goods are delivered to the nominated address, a person reasonably appearing authorised to receive them, a receiving dock/warehouse/mail room, or in accordance with an authorised ATL instruction.

10.2 POD may comprise an electronic signature, written signature, photograph, scan event, GPS/location confirmation, electronic delivery record or other reliable delivery evidence.

10.3 Where the Customer has authorised ATL, the Customer authorises delivery without a signature. The Carrier may use reasonable photographic or electronic evidence to record the delivery location.

10.4 Subject to any rights that cannot lawfully be excluded, risk in the Goods passes in accordance with the delivery arrangements once the Goods are left under an authorised ATL instruction. The Carrier is not responsible for subsequent theft, weather exposure or other loss after delivery except to the extent caused by the Carrier's breach or negligence and subject to applicable law.

10.5 The Carrier may make partial deliveries where reasonably necessary. Charges may apply to each delivery or consignment component as stated in the quotation or rate schedule.

11. Transit Times, Delays & Service Levels

11.1 Transit times and collection/delivery windows are estimates unless the Carrier expressly confirms a guaranteed commitment in writing.

11.2 Any booking cut-off time published by the Carrier is a service-operational cut-off. A booking made after a cut-off may move to the next available service cycle and may affect the estimated transit time.

11.3 Delay events include:

• traffic congestion or road incidents;
• vehicle breakdown or mechanical issues despite reasonable maintenance;
• weather, flood, fire or natural events;
• road closures or network disruption;
• industrial action or labour shortages;
• government, quarantine, biosecurity or regulatory directions;
• customs or security requirements;
• customer or consignee delays;
• third-party or subcontractor failures outside the Carrier's reasonable control;
• other circumstances beyond reasonable control.

12. Failed Delivery, Redelivery & Unloading

12.1 Delivery may fail because premises are closed, access is unavailable, instructions are incorrect, unloading equipment is unavailable, no authorised receiver is present, the Customer refuses delivery, or the site is unsafe.

12.2 The Carrier may:

• charge applicable futile-delivery or attendance costs;
• return Goods to storage;
• arrange redelivery;
• deliver to a safe alternative location where authorised or reasonably appropriate;
• recover reasonable storage, redelivery and handling costs.

13. Waiting Time, Cancellation & Additional Services

13.1 Unless the quotation states otherwise, a reasonable loading/unloading period may be included. Waiting time beyond the included period may be charged at the applicable waiting-time, vehicle-hire or service rate where the delay is not caused by the Carrier.

13.2 Cancellation charges may apply where a booking is cancelled after a vehicle, driver, subcontractor, dedicated vehicle, equipment or other resource has been committed, or where the Carrier has commenced travel or collection.

13.3 Where the Carrier attends but cannot perform the booked Service because of a Customer-controlled circumstance, reasonable attendance, waiting, return and redelivery Charges may apply.

13.4 Any service outside the accepted booking, including additional labour, special equipment, storage, repackaging, relabelling, restacking, redelivery or special handling, may be charged at the applicable rate.

13.5 Where a quotation specifies a different waiting, cancellation or additional-service charge, that quotation controls for the applicable booking.

14. Driver Safety & Chain of Responsibility

14.1 The Carrier will not require a driver to undertake work that the Carrier reasonably considers unsafe or unlawful. Drivers may stop or refuse unsafe work and report the reason to the Carrier.

14.2 The Customer must comply with all applicable Heavy Vehicle National Law and Chain of Responsibility obligations relevant to matters it controls or influences.

14.3 The Customer must not request, require, encourage or reward a driver or transport operator to:

• exceed lawful mass or axle limits;
• exceed dimension or permit conditions;
• breach fatigue or work/rest requirements;
• speed or otherwise breach road rules;
• operate an unsafe vehicle;
• carry an unsafe, unstable or improperly restrained load;
• otherwise contravene transport legislation.

15. Risk, Title & Insurance

15.1 Unless otherwise agreed in writing and subject to applicable law, Goods are carried at the Customer's risk to the extent permitted by law. The Carrier does not assume ownership of the Goods.

15.2 Title remains with the Customer or the lawful owner. The Carrier acquires no proprietary interest merely by accepting Goods, except for any lien or security right arising under these Terms or law.

15.3 The Customer warrants it owns the Goods or has authority from the owner to instruct the Carrier and accept these Terms.

15.4 Unless expressly agreed in writing, the Carrier does not arrange transit insurance for the Customer's Goods. Customers should consider obtaining appropriate insurance for the full replacement value of their Goods.

15.5 The existence or amount of any insurance held by the Carrier does not itself determine the Carrier's contractual or statutory liability and is not a representation that the Customer's Goods are fully insured.

16. Inspection, Measurement & Electronic Evidence

16.1 The Carrier may inspect, weigh, measure, photograph or scan Goods where reasonably necessary to verify description, dimensions, weight, condition, safety, compliance or Charges.

16.2 Where reasonably necessary for safety, security, legal compliance or operational reasons, the Carrier may open or inspect packages without prior notice, subject to applicable law.

16.3 If inspection identifies incorrect declarations, prohibited Goods, unsafe packaging or other material non-compliance, the Carrier may refuse or suspend carriage, return or store the Goods, require corrective action and recover reasonable additional costs to the extent permitted by law.

16.4 Booking records, emails, GPS data, scan events, photographs, electronic signatures, POD records and other electronic records maintained by the Carrier may be used as evidence of bookings, instructions, Services performed and delivery events, subject to applicable evidentiary law.

16.5 Instructions sent through an approved email address, customer portal or other agreed electronic channel may be relied upon as authorised Customer instructions unless the Carrier has reasonable grounds to suspect fraud or unauthorised access.

17. Liability, Exclusions & Limitation

17.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory warranty, remedy or other right that cannot lawfully be excluded, restricted or modified.

17.2 To the maximum extent permitted by law, the Carrier is not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, business, contracts, production, opportunity or goodwill, or third-party contractual penalties, arising from the Services.

17.3 To the extent permitted by law, the Carrier is not liable for Loss caused by the Customer, Consignor or Consignee, including inaccurate information, inadequate packaging, unsafe pallets, incorrect dimensions or weight, Customer-controlled loading/unloading, inaccessible premises, refusal to accept delivery or unauthorised post-delivery handling.

17.4 To the extent permitted by law, the Carrier is not liable for Loss caused solely by events beyond its reasonable control, including the events described in the Force Majeure clause.

17.5 Where the law permits the Carrier to limit liability, the Carrier may elect the remedy or limitation permitted by the applicable law, including re-supplying Services, paying the reasonable cost of re-supply, repairing or replacing Goods, or paying reasonable repair/replacement cost, subject to any applicable statutory regime.

18. Customer Indemnity

To the extent permitted by law, the Customer indemnifies the Carrier and its directors, officers, employees, agents and subcontractors against claims, losses, penalties, costs and reasonable legal expenses arising from:

• the Customer's breach of these Terms;
• inaccurate or incomplete information supplied by the Customer;
• unsafe, prohibited or undeclared Goods;
• inadequate packaging, labelling or palletisation;
• the Customer's breach of law or CoR obligations;
• injury, damage or loss caused by the Goods or by Customer-controlled loading/unloading;
• third-party ownership or interest claims where the Customer lacked authority;
• claims caused by the Customer's negligence or wilful misconduct.

19. Claims, Storage & Carrier's Lien

19.1 The Customer should notify the Carrier in writing as soon as reasonably practicable of any loss, damage, shortage or non-delivery and provide supporting information. The existing operational target is 7 days from delivery for loss/damage and 14 days from the expected delivery date for non-delivery. Any contractual notice period operates only to the extent permitted by law.

19.2 Supporting information may include:

• photographs;
• proof of value;
• invoices and packing details;
• POD and delivery records;
• description of the loss or damage;
• any other information reasonably requested for investigation.

20. Payment, Credit & Suspension

20.1 Invoices are payable in full by the due date stated on the invoice unless different terms are agreed in writing.

20.2 Payments may be made by EFT, direct deposit, approved card facility or another method nominated by the Carrier.

20.3 To the extent permitted by law, the Carrier may apply payments against outstanding amounts in an order it reasonably determines.

20.4 Credit is subject to approval and may be varied, suspended or cancelled. The Carrier may require prepayment where an account is overdue, exceeds its credit limit or the Carrier reasonably considers credit risk has materially changed.

20.5 Interest may be charged at the rate stated in the applicable credit agreement or, if none is stated, at a reasonable rate permitted by law. The Customer may also be liable for reasonable recovery costs, including collection, court and legal costs, to the extent permitted by law.

20.6 The Carrier may suspend or refuse further Services where payment is overdue, credit requirements are not met, Goods are unsafe/prohibited, or the Customer materially breaches these Terms, subject always to applicable law.

21. Subcontracting, Force Majeure, Privacy & General

21.1 The Carrier may subcontract all or part of the Services to another carrier or service provider. Subcontractors may rely on the applicable protections, limitations and defences available to the Carrier to the extent permitted by law.

21.2 The Carrier is not liable for delay, failure or inability to perform caused by circumstances beyond its reasonable control, including flood, fire, cyclone, severe weather, natural disaster, public-health event, war, terrorism, civil unrest, industrial action, labour shortage, road or infrastructure failure, government direction, quarantine, biosecurity restriction, telecommunications failure or third-party failure beyond reasonable control. The Carrier may suspend affected Services while the event continues.

21.3 The Carrier collects and uses personal information to provide Services, manage accounts, process payments, comply with law, investigate incidents and improve operations. Information may be disclosed to subcontractors, insurers, payment providers, debt recovery agents, regulators and other service providers where reasonably necessary or required by law. Personal information will be handled in accordance with applicable privacy law and the Carrier's Privacy Policy.

21.4 Bookings, invoices, notices and other communications may be made electronically. Electronic signatures and records may be used where legally valid.

21.5 Each party must protect confidential commercial, operational and proprietary information obtained from the other, except where disclosure is required by law, necessary to perform the Services or authorised.

21.6 The Carrier may update these Terms for future bookings by publishing or otherwise communicating an updated version. A variation does not retrospectively alter a booking already accepted unless agreed or required by law.

21.7 If a provision is invalid or unenforceable, the remainder continues. Failure to exercise a right is not a waiver. The Customer may not assign its rights or obligations without consent; the Carrier may assign or transfer its rights where permitted by law.

21.8 These Terms are governed by Queensland law and subject to the jurisdiction of Queensland courts, subject to any mandatory jurisdictional rights. Ontime Haulers Pty Ltd | ABN 62 608 446 199 | 839 Beaudesert Rd, Archerfield QLD 4108 | (07) 3496 9510 | accounts@ontimehaulers.com.au

21.9 By requesting a quotation, making a booking, tendering Goods, permitting collection, instructing the Carrier, accepting delivery or paying an invoice, the Customer acknowledges that it has read, understood and agreed to these Terms, subject to any rights that cannot lawfully be excluded.

22. Additional Services & Commercial Notes

The following additional charges apply where the relevant service, site condition, freight characteristic or customer instruction is applicable. Amounts are not published: pricing is tailored to your freight and service requirements and is confirmed in your quote (exclusive of Fuel Levy Surcharge and GST unless expressly stated otherwise). Contact quotes@ontimehaulers.com.au for a tailored quote.

• Construction Site
• Dangerous Goods Surcharge
• Demurrage – Body Truck*
• Demurrage – Semi Trailer*
• Forklift Available at Both Ends — standard handling method, no additional service charge
• Manual Unloading**
• Tailgate
• Futile Pickup
• Futile Delivery
• Reattempt
• Residential Site
• School Delivery Surcharge
• Shopping Complex Surcharge***
• Time-Slot Booking
• Overlength Surcharge (3.0 m – 4.8 m)
• Overlength Surcharge (4.8 m – 7.2 m)
• Weekend Surcharge