AUSTATES TRANSPORTS PTY LTD
ABN:54681237570
TERMS & CONDITIONS POLICY SERVICE AGREEMENT
These Vehicle Services Conditions set out the terms on which Services will be provided by Us to You and form
part of the Services Agreement. We will provide the Services in accordance with the Services Agreement for the
term specified in the Services Agreement.
When you’re arranging car transportation with Austates Transports or any other car carrier, you’re protected.
SERVICES APPLICATION
1. “Services Agreement” means the Agreement (inclusive of any booking confirmation, pricing schedule or
schedule of particulars) between Us and You in relation to the provision of the Services.
2. Is not, and will not be deemed to be, a consignor as defined by the Road Transport Reform (Dangerous
Goods) Regulations 1997 (CTH) and accepts no liability as such. The Customer authorises to name the
Customer or another person as the consignor in any documentation where applicable.
3. “Vehicle(s)” means the car(s), motorcycle(s), trailer(s), machinery, equipment, or item(s) picked up or
accepted from You or on Your behalf.
4. All Services are provided by Austates Transports subject only to these Conditions, the Conditions which
are incorporated into any bill of lading, waybill or consignment note issued by Austates the Conditions in
the bill of lading, waybill or consignment note shall prevail.
5. All rights, immunities, indemnities, and limitations of liability in these Conditions shall continue to have
their full force and effect in all circumstances and notwithstanding any breach of this contract or of these
Conditions by Austates or any other person entitled to the benefit of such provisions.
6. “Hidden Defect” means a defect or fault in a Vehicle that is not visible at the time of inspection for the
purpose of issuing Our Vehicle Condition Report, and which is the cause of or contributes to any
damage, deterioration, or wastage to a Vehicle.
7. If any provision or any part of a provision in these Conditions is unenforceable, such unenforceability
shall not affect any other provision or any other part of a provision.
8. “Service Period” means the period commencing when You sign or are otherwise deemed to have
accepted the Vehicle Condition Report/Services Agreement and ending on the delivery or handover of
the Vehicle.
9. “Services” means the agreed operations and Services to be performed by Us.
10. “Services Agreement” means the Agreement (inclusive of any booking confirmation, pricing schedule or
schedule of particulars) between Us and You in relation to the provision of the Services.
11. These Conditions are subject to any warranty implied by the trade practices Act 1974 (CTH) to the
extent to which the Act is applicable to these Conditions and prevents the exclusion, restriction, and
modification.
12. We shall not be bound by any agreement purporting to waive or vary these Conditions unless such
agreement is in writing and signed by an authorised person.
13. We are not a common carrier and accepts no liability as such. we reserve the rights to agree or to
refuse contact with the Customer in its absolute discretion.
PERFORMANCE AND DELIVERY OF THE SERVICES
14. We will provide the Services in accordance with this agreement.
15. We will collect the Goods from, and deliver the Goods to, the locations and persons specified in the
booking confirmation or, if relevant, the Bill of Lading or consignment note.
16. You are responsible for ensuring that the collection and delivery locations are accessible at the times
agreed for the collection or delivery service and are reasonably suitable for collection or delivery of the
Goods.
17. We rely on the details and information supplied by You and We do not admit the accuracy or
completeness of those details or information and will not be liable if the Vehicle is not correctly
described.
18. Our provision of the Services commences when We, or Our agent, pick up or accept the Vehicle, and
You sign or are deemed to have accepted the Vehicle Condition Report.
19. You acknowledge and agree that Our employees, agents, and subcontractors can rely on the provisions
of the Services Agreement (including any exclusions or limitations of liability We have) to the same
extent as Us and We hold such benefit on trust for Our employees, agents, and subcontractors.
20. You understand, if the delivery location is unattended or not reasonably accessible or delivery of the
Goods is refused, we may choose to deposit the Goods at the delivery location, store the Goods, or
return the Goods to the sender at Your risk and expense, and that will be deemed to constitute the
delivery.
21. If we become aware of any damage to or deterioration of Goods whilst in its possession or under its
control, we will promptly notify You and, to the extent reasonably practicable, will quarantine the affected
Goods to allow You to inspect them. You and we must use reasonable endeavours to agree as to what
to do with the quarantined Goods.
22. You agree that any vehicle used by You or your associate to deliver or collect the Goods is in the fit and
proper condition and complies with all applicable laws.
23. You agree that the person delivering the Goods for transportation and the person collecting the Goods
from us is authorised to do so and is authorised to bind you under this agreement.
24. You agree you will not engage we or any of its staff or representatives in ANY domestic dispute relating
to vehicle ownership or possession, and to not hold we responsible or liable in any way for any personal
or domestic issues (including any costs relating to your personal or domestic issues) that you
experience while we are conducting the services you have engaged us to provide.
TIMING OF THE SERVICES
24. “Force Majeure Event” means circumstances outside Our reasonable control causing delays or
inability, wholly or in part, to perform any obligations under this Agreement; including without limitation,
fire, storm (including hail), flood, earthquake, wildlife impact, explosion, accident, road or rail closures,
road works, breakdown of equipment or infrastructure, rail derailment, wharf delays, war, terrorism,
sabotage, epidemic, quarantine restriction, labor dispute or shortage, act or omission of any third party,
person or public authority.
25. You understand any times quoted or proposed by us or any of its representatives are based on ‘Working
Days Only’ and can only ever be ‘estimates only’ and that transit times may vary due to peak periods,
acts of nature, backlogs, and other unforeseen circumstances.
26. You understand that we cannot, does not, and will not guarantee any delivery or pick up time or transit
time, and that the times/dates of any scheduled or proposed meeting/drop-off/pick-up or delivery may
vary, as could any transit time estimate proposed or quoted.
27. You understand that delays due to road conditions and other factors outside of our control may occur
and availability of our trucks and relocation services may at times be subject to unforeseen delays and
should this occur that we may take an extra 14 to 90 days to the provide and/or complete its services.
28. You understand that we do not and cannot guarantee delivery times as transit times can vary and
therefore any timeframes, days or dates are provided as estimates only.
29. You understand that any vehicle pick-up and drop-off times/dates provided may vary because service
timing can be affected by means outside of our control and therefore pickup and delivery times/dates,
and anticipated transit times can only ever be provided as estimates.
30. Payment methods and obligations
31. You must pay ‘Charges for the Services’ to us prior to commencement of the Services we agree
otherwise.
32. Charges must be paid by Bank Deposit into the account identified us in the booking confirmation.
33. Charges payable for the Services are confidential and You agree not to disclose them to any third party.
34. If You do not pay ‘Charges for the Services’ by the due date for payment, we may suspend the provision
of the Services until Charges have been paid or may, on 7 days’ notice, terminate this agreement.
35. You will be charged a cancellation fee if you book and then cancel our Services. Our cancellation
conditions and associated fees/refunds are strictly as follows:
36. For all cancellations an administration fee of $150 applies and will be deducted from any refund money
due. If the cancellation is made within 24 hours of the booking via in writing by email only, a refund
of 50% of the service fee paid will be made available. If the cancellation is made within 24 hours of the
booking via in writing by email only, a refund of 20% of the service fee paid will be made available. If
the cancellation is made outside of 48 hours of the booking via in writing by email only, no refunds will
be made available.
37. We may charge by weight, measurement or value and may at any time re-weigh or re-value, or remeasure or require the Goods to be re-weighed, re-valued or re-measured and charge proportional
additional Charges accordingly.
38. Western Australia (WA) Customers must keep in mind that there will be a $64.50 charge per 15 minutes
of inspection with QUARANTINE INSPECTORS. This fee is charged by the Government of Western
Australia ‘Department of Agriculture and Food’ and is necessary under the Biosecurity and Agriculture
Management Act 2007. The Act requires that all vehicles being transported are cleaned to a high
standard including an open-air blast as well as cleanliness under the spare tire. This high standard
clean is essential for all vehicles if they are to pass quarantine. This requirement also applies to any
personal affects left inside vehicles. If personal items are not seen to be in a high-cleanliness standard
(as determined by the Quarantine Inspector), they will be quarantined. Any quarantined matters are the
full responsibility of the customer and of the full cost to the customer and all keys must be left with the
vehicles or item lock boxes for inspection to be carried out.
39. Every special instruction to the effect that Charges shall be paid by a person other than the Customer
shall be deemed to include a stipulation that if that person does not pay those Charges within 7 days of
the date set for payment, or if no date is set for payment within 7 days of delivery or attempted delivery
of the Goods, then the Customer shall pay those Charges within 7 days of being notified of that persons
failure to pay.
GOODS AND SERVICES TAX
40. Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided
under this agreement are inclusive of GST.
41. If GST is payable, on any supply made under this agreement, the recipient of the Goods will pay
Austates an amount equal to the GST payable on the supply. The recipient must pay this amount in
addition to and while the consideration for the supply is to be provided.
The Customer warrants that:
42. It is either the owner and/or the authorised agent of the person or persons owning or having any interest
in the Goods or any part of the Goods and enters this contract on its own behalf and/or as authorised
agent of that person or persons.
43. It has accurately and fully described the Goods having regard to the nature and packing of the Goods
and has provided all necessary instruction and information regarding handling, care and control of the
Goods having regard to the nature and packing of the Goods.
44. It has complied with the requirements of any applicable law (including the Australian Dangerous Goods
Code) relating to the nature, condition, packing, handling, labelling, storage and carriage of the Goods
and it shall provide all necessary assistance, information, and documentation to enable us to comply
with any of its obligations under such law.
45. Other than a Claim or allegation by the Customer against us, no Claim or allegation shall be made by
any person (including the Customer) against any other person (including us) who provides the Services
or any part of the Services, which imposes or attempts to impose any liability whatsoever and
howsoever arising in connection with the provision of the Services and/or Goods.
Liabilities
47. We accept no responsibility for the accuracy of any part of any description of, or any declaration in the
relation to, the Goods on any document to which the Services relate.
48. We shall not be responsible in tort, contract, bailment or otherwise for any, or the consequence of any:
a) Breach by You or your associates of any term of these Conditions and/or any applicable Services
Agreement.
b) Loss or damage to personal effects or other items in any Motor Vehicle which are to be covered under
the customers own private insurance policy.
c) Tarpaulins or covers attached to any Motor Vehicle.
d) Any Vehicle which cannot be moved under its own power, has a ground clearance of less than 15
centimetres, or is in an un-roadworthy condition.
e) Damage to any Motor Vehicle caused by animal droppings, hail, or airborne objects.
f) Damage to any real and personal property and any injury to or death of any person, caused by any
negligent act or omission of You or your associates arising out of or in connection with this agreement.
g) Loss of or damaged to the Goods, or delay in delivering or failure to deliver the Goods; or
h) Delay in providing or failure to provide or perform Services.
49. We shall not be responsible in tort, contract, and bailment or otherwise for any, loss or damage, costs or
expenses incurred by any Customer or any other person arising out of or in connection with the
provision of the Services.
50. The Customer or the receiver shall inspect the Motor Vehicle upon delivery and shall immediately notify
us of any alleged damage to the Motor Vehicle by noting such damage on the consignment note issued
by us.
51. In any event, we shall be discharged from all liability whatsoever unless suit is brought within 6 months
of the provision of the Services, delivery of the Goods or Container, when the Services should have
been provided, or when the Goods should have been delivered.
Insurance
53. Although Austates do take all precautions to ensure the safety of the vehicles but due to factors beyond
our control, we cannot guarantee the security of the vehicles stored at either of these depots. We
strongly recommend you obtain your own insurance to cover for any loss or damage incurred during
storage or transportation.
54. You acknowledge that we do not provide insurance in respect of the vehicle and that you are
responsible for obtaining any insurance you require relating to the Vehicle.
55. Under the Australian insurance, laws mean that we cannot technically provide vehicle owners with
insurance because we do not hold a Financial Services License.
56. Instead, we advise you to contact your CTP provider to get full transit insurance on your vehicle in
transit. The company is not liable for any damages under the policy clause that you have entered upon
payment of the services.
57. If any damage or loss or theft shall occur to the vehicle or equipment during transportation, or any time it
is in the care of us or any of its appointed contractors or agents, any resolution, repair, replacement, or
other resolution consideration and/or any repair activity must be completed by the customer at the
customers own costs, under the customers own private insurance policy.
i) All vehicle owners or acting shipping agents must have photos of proof of vehicle condition including
photos which prove the condition of a vehicle at the time of loading (for their own records) before
transportation occurs. This, being proof of evidence for their own private insurance policy and any pre or
post-transit claims.
58. Austates will not take no responsibility for the exceptions to the following clauses.
j) Will not accept responsibility of damage or delays in transport times due to acts of nature.
k) Will not accept any responsibility for underside damage to vehicles with a ground clearance of
less than 150 mm.
l) Will not accept responsibility for any mechanical derangement.
m) Will not accept responsibility for the loss of any personal items transported within any vehicle.
n) Will not accept liability for damage to vehicles in poor or damaged condition at pick-up.
o) Will not accept liability for damage to the underside or concealed areas of the vehicle.
p) Will not cover non-drivable vehicles.
q) Will not cover damage which is notified outside of the 24-hour notification period following vehicle
delivery.
YOU PROMISE US THAT
57. You are either the owner or the authorised agent of the owner of the Vehicle and have authority to
enter into the Services Agreement.
58. You have fully and accurately described the Vehicle (and its value where required) including
appropriate handling instructions upon booking.
59. all information You have provided to Us is accurate and true and that You will provide Us with any
further information We reasonably require for the purpose of providing the Services to You upon
booking.
60. Any accessories (other than permanently factory fitted accessories), including but not limited to aerials,
personal items, and effects, have been removed from the Vehicle. Such accessories are always at
Your risk, and We exclude all liability for any loss or damage caused to them, the Vehicle:
r) can be safely handled and transported.
s) can be moved under its own power.
t) has working brakes, windows are intact and there are no loose panels; and
u)has a minimum ground clearance of 15 centimetres (unless otherwise agreed in writing);
61. You will comply with all applicable Chain of Responsibility Laws; and
62. You will comply with any directions, procedures or policies advised or notified by Us or Our associates
to You or Your associates with respect to packing, loading, or unloading of the Vehicle or entry into,
use of or egress from a site.
63. To the maximum extent permitted by law and except to the extent caused or contributed to by Our
negligent act or omission, you are liable and indemnify Us and hold Us, our officers, agents,
employees, and subcontractors harmless from and against all claims (including any legal costs on a full
indemnity basis) resulting directly or indirectly from:
64. a breach by You or Your associates of any term of the Services Agreement.
65. damage to any real and personal property and any injury to or death of any person, caused by a
negligent act or omission of You or Your Associates arising out of or in connection with the Services
Agreement; or
66. any other liability suffered or incurred by Us arising out of or in connection with Our provision of the
Services under the Services Agreement.
67. Including any damages for indirect loss, delay, loss of profit or business opportunity, relating to any
amount payable under the Services Agreement or arising out of or in any way connected with any
actual or alleged breach of any promise, obligation or warranty under the Services Agreement or any
breach of Law.
ADVICE & INFORMATION
67. We shall not be responsible in tort, contract or otherwise for any, or the consequences of any, loss or
damaged, sots, fines or penalties incurred by the Customer or any other persons resulting from or
arising out of or in connection with any quotation, advice, statement, representation or information given
or made by or on behalf of us to the Customer or others as to the classification of or any matter material
to the valuation of or the liability for the amount, scale or rate of customs and/or exercise duty or other
impost, tax or rate charged in respect of the Goods or cargo.
68. In giving or making such quotation, advice, statement, representation, or information we rely solely on
the provided by the Customer in relation to the Goods or cargo and in relation to the transaction(s)
relating to the Goods or cargo.
LIEN
69. We shall have a lien on the Goods and/or any other cargo or items of the Customer in possession or
control of Austates and any documents relating to those Goods, cargo, or items for all sums payable by
the Customer to us.
70. We shall have the right to charge for storage and/or may remove to a warehouse or bond store the
Goods, cargo, or items subject to a lien at the risk and expense of the Customer.
71. We may sell on 28 days’ notice, Goods, cargo, or items subject to a lien by public auction or private
treaty and retain the sums due to it, in addition to the Charges incurred in detention and sake of such
Goods, cargo or items from their proceeds and shall pay any surplus to the entitled person.
MOTOR VEHICLES
72. This part shall apply only to Services in respect of Motor Vehicles provided by us.
FORCE MAJEURE
73. We shall be released from its obligations under these Conditions to the extent that performance is
delayed, hindered, or prevented due to any event or circumstance beyond the control of Austates.
JURISDICTION
74. These Conditions shall be governed and constructed in accordance with the laws of the State or
Territory in which this contract was made, and the parties submit to the exclusive jurisdiction of the
courts of that State or Territory.
OUR RIGHTS
75. We may provide the Services by any method which we are in its absolute discretion deems fit,
notwithstanding any instructions of the Customer that the Services are to be supplied by another
method.
76. We may comply with any orders, directions or recommendations made by a Government Agency in
relation to the Goods and/or the provision of the Services without recourse by and at the risk and
expense of, the Customer.
77. If the Customer or the receiver fails to accept delivery of Goods, we shall be entitled to store the Goods
at the risk and expense of the Customer.
78. We shall dispose of abandoned Goods at the expense of the Customer in any way it deems fit and
without compensation to the Customer. The Customer shall be given 14 days written notice from us the
intention to dispose of the Goods.
79. If, in the opinion of us, the Goods are liable to become Dangerous Goods, Austates in its absolute
discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon, or
render harmless the Goods without compensation to and at the expense of the Customer.
80. You must not tender for Services of, and You warrant that the Vehicle does not contain any Dangerous
Goods.
81. If You leave any Dangerous Goods in the Vehicle We may, at Your expense, dispose of or destroy
them as We see fit in Our absolute discretion or take such other action as We consider necessary to
mitigate any risk that may be caused by the Dangerous Goods.
82. If in the opinion of Austates, the Goods do not meet the requirements of all applicable laws relating to
the Goods and Services to be handled by Austates using the equipment and operating procedures
normally employed by us in providing the Services, Austates in its absolute discretion may:
83. Refuse to Provide the Services in respect of the Goods or any part of them; or
84. Should you wish to cancel due to public forums, a credit note will be provided only.
85. Take whatever measures deemed necessary at the risk and expense of the Customer to cause the
Goods to comply with the requirements of all such laws or to make the Goods suitable to be handled
by us.
86. If in the opinion of us it is necessary and reasonable to do so to render the Goods or Services in
relation to the Goods safe, we may open any Container, package, wrapping or documents.
87. Verbal abuse, harassment or threats will not be tolerated. Should this occur your contract will be
terminated immediately and you will be required to collect your vehicle with no refund. A cancellation
form will be issued via email or in person at collection for signature.
88. We may subcontract the Services (in whole or in part) on any terms. Austates is or shall be deemed to
be acting as agent or trustee on behalf of and for the benefit of a subcontractor and/or any person who
is or may be vicariously liable for the acts or omissions of us or a subcontract, each of whom shall to
this extent be or be deemed to be parties to this contract.
DEFINITIONS
In these Conditions:
73. Motor Vehicle means a passenger vehicle, light commercial vehicle, or truck.
74. Services mean the whole of the operations and services undertaken by us in any way whatsoever
connected with or concerning the Goods, together with a license to use related information technology
systems/processes and software developed by us (if applicable) and utilized by us and/or the Customer
in relation to those Services.
75. Services Agreement means, where applicable, the agreement forming part of this contract which
includes specific provisions in relation to the Services.
76. Conditions mean these Standard Conditions of Contract.
77. Container means any container, trailer, transportable tank, pallet, flat rack, bolster, or any device used
to consolidate and carry cargo.
78. Customer means the person at whose request or on whose behalf of us to provide the Services.
79. Charges mean we quoted charges for Services calculated under its rates schedule or other agreed
rates and the charges and any cost of any of our extra services tax (GST) levied directly on transport or
supply under these Conditions.
80. Claim means a demand claim, action or proceeding made or brought by or against a person, however
arising and whether present unascertained immediate, future, or contingent.
81. Dangerous Goods means Dangerous Goods as defined in the Australian Dangerous Goods Code, and
any Goods which are dangerous, volatile, explosive, inflammable or offensive, or which may become
harmful to any person, property, or the environment whatsoever.
82. Subcontractor means any person, and its servants or agents, who according to a contract or
arrangement with any other person (whether or not we) provide or agree to provide the Services or any
part of the Services.
83. We mean Austates with whom this contract is made or any of its appointed representatives.
84. Vehicle means a truck or other Motor Vehicle, or train employed by a person other than its
subcontractors or us to deliver the Goods to us or to collect Goods from us at a premise.
85. You and Your means YOU, the Customer specified in the booking confirmation.
86. Dispute means any controversy, claim or dispute arising out of or in relation to this agreement.
87. Goods mean the Motor Vehicle or item concerning which any part of any Services has been or are to
be performed.
88. Government Agency means a government or government department or another body, a governmental,
semi-governmental or judicial person, or a person (whether autonomous or not) who is charged with the
administration of law.
89. GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) ACT 1999
(CTH).
90. Invoice means a tax invoice issued under the GST Law.
Terms and Conditions (Storage Summary)
1. Storage is charged pro rata for the first month and then monthly thereafter.
2. If removing the item and not ending their storage account, the account holder must
continue to pay for storage to reserve their space.
3. All accounts after the first month are for a full month, and no refunds are given if
ending their storage is ended partway through a month.
4. All accounts holders must provide credit card details at the commencement of their
storage booking - once their second month's invoice issues they will have a choice to
then choose to continue on with credit card payments or to go to a direct debit facility
- gocardless - link is sent on their second invoice if they do not choose to use
gocardless, their credit cards will continue to be debit each month.
5. Vehicles will be measured upon checkin and confirmation given to the accounts
department of the length of your item to ensure that you are not being over or
undercharged.
6. The minimum billable storage period is one calendar month unless other
arrangements have been made.
7. The Storer occupies the premises at its own risk.
8. The Owner shall not be responsible under any circumstances whatsoever in the
event that the Storer’s goods are damaged from any event whatsoever.
9. The Storer hereby indemnifies and agrees to keep the Owner indemnified in relation
to any claims that may be made against the Owner for any reason whatsoever,
including any negligent act or omission by the Owner in the event of any claim in
relation to the Storer’s goods or use of the storage area.
10. Vehicles must be insured to the owner of the vehicle while in storage.
11. The facility is for storage only and servicing or restoration of vehicles is not permitted
on site.
12. Gas tanks on boats and caravans must be switched off whilst in storage.
13. No chemicals or gases other than in the vehicle's normal fuel tank are to be stored
with any vehicle.
14. Management reserves the right to refuse storage of any vehicle that they consider
may be a safety or environmental hazard.
If you have received an invoice and made payments, you have accepted the terms and
conditions of our agreement
The Transport and Storage Terms and Conditions on the website for our services
mean you have accepted the policy