Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Contractor to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
- if there is more than one Customer, is a reference to each Customer jointly and severally; and
- if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
- includes the Customer’s executors, administrators, successors and permitted assigns.
“Services” mean all Services supplied by the Contractor to the Customer at the Customer’s request from time to time.
“Cargo” means any vehicle (including any property within the vehicle), machinery, heavy equipment, shipping container, tractors, forklifts and scissor lifts, etc. to be moved from one place to another by way of the Contractor’s Services
“Price” means the price payable (plus any GST where applicable) for the Services as agreed between the Contractor and the Customer in accordance with clause 5 of this contract.
Acceptance
- The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts Services provided by the Contractor.
- These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Contractor.
- The Contractor shall only be responsible for their performance to the party that contracts them to undertake the Services and shall not be responsible to any third party irrespective of their relationship to the Customer.
- Where the Customer requesting or organising the Contractor to provide Services is acting with or on behalf of any third party and that third party is intended to be responsible for the payment (or any part thereof) of the Price then in the event that the third party does not pay for the Services when due, the Customer acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
- Where the Contractor gives advice, recommendations, information, assistance or service to the Customer or the Customers agent, regarding the Services then it is given in good faith and the Contractor shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same.
- Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Change in Control
• The Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Contractor as a result of the Customer’s failure to comply with this clause.
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Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Provision of Services
- At the Contractor’s sole discretion delivery of the Services shall take place when the Services are supplied to the Customer at the Customer’s nominated address.
- Delivery of the Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
- At the Contractor’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
- The Contractor may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
- The Customer must take delivery by receipt or collection of the Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Services as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage.
Cancellation
- Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Services to the Customer. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor has exercised its rights under this clause.
- The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Customer. On giving such notice the Contractor shall repay to the Customer any money paid by the Customer for the Services. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation.
- The Contractor may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
- The Customer must take delivery by receipt or collection of the Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Services as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
