Skip to main content

Standard Terms and Conditions of Trading

  1. ALL AND ANY BUSINESS OF SPECTRUM TRANSPORT SYSTEMS PTY. LTD (‘The Company”) IS UNDERTAKEN AND TRANSACTED UPON AND SUBJECT TO THE TEAMS AND CONDITIONS HEREINAFTER SET OUT. THIS CONTRACT CONSTITUES THE WHOLE AGREEMENT BETWEEN THE PARTIES AND CAN ONLY BE EXPRESSLY VARIED IN WRITING BETWEEN THE COMPANY AND THE CUSTOMER. THE TERMS AND CONDITIONS SHALL BE DEEMED TO BE A CONDITION OF ANY AGREEMENT BETWEEN THE COMPANY AND THE CUSTOMER AND SHALL PREVAIL OVER ANY TEAMS ANO CONDITIONS PURPORTED TO BE INCLUDED BY ANY FORM OR AGREEMENT UTILIZED BY THE CUSTOMER AND THE USE OF SUCH FORM OR AGREEMENT SHALL NOT DEROGATE THESE TERMS AND CONDITIONS.
  2. Customer entering into transactions of any kind with the Company expressly warrant that they are either the owners or the authorised agents of the owners of any goods or property the subject matter of the transactions, and by entering into the transaction they accept these terms and conditions for themselves as well as for all other parties on whose behalf they are acting.
  3. The company is not a common carrier and will accept no liability as such. All goods are carried, transported and/or stored and all services are provided by the Company are subject only to these terms and conditions. The Company reserves the right to refuse the carriage transport and/or storage of goods for any person or corporation or carrier and the carriage transport and/or storage of any class of goods at its sole discretion.
  4. Quotations given, unless previously withdrawn, can only be accepted within seven days thereof and thereafter must be confirmed in writing by the Company prior to acceptance.
  5. The customer shall bear, pay for and indemnify the Company from all duties, taxes, fines, penalties, port storage and transport charges, insurance costs and all other imposts, costs, expense, losses or damages incurred relating to the goods other than those specifically included in the agreed price.
  6. The price stated is based upon freight rates, insurance rates, transport and packaging costs, exchange rates, inspection fees, customs and import duties, landing charges, wages and other costs and charges relating to the goods or the services to be provided by the Company and the Company may pass on and charge to the customer any extra cost as a result of any increase therein.
  7. Subject only to Clauses 8 to 10, all goods are at the sole risk of the Customer and not the Company at all times.
  8. No insurance will be effected except upon express instructions, given in writing by the customer including declaration of value and all insurances effected by the Company and subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk.
  9. If and only if the Company has agreed to insure the goods then the Company is liable to the customer, in relation to the provision of services, for physical loss of or damage to the goods up to the limit of such insurance.
  10. The Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. Should the insurers’ dispute their liability for any reason, the Customer shall have recourse against the insurers only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by the Customer.
  11. The Customer warrants the accuracy of all descriptions, values, marks, weights, numbers, brands and other particulars furnished to the Company for customs, consular and other purposes appearing on the goods or on any containers, packing material or shipping or other documents relating thereto and that the goods are property and adequately packed and comply with the provisions of all relevant laws and requirements of any port, dock, railway, shipping, customs, warehouse or other relevant authority or corporation and the Customer shall release and indemnify the Company from and against all losses, damages, expenses and costs arising from any inaccuracy or omission therein even if such inaccuracy or omission is due to any negligence or breach of these terms or law by the Company and notwithstanding that the inaccuracy or omission may or should be apparent or is known to any one or more employee or servant of the Company or its agents.
  12. To the fullest extent permitted at law and subject to any mandatory and non-derogable liability of the Company under any statute, the Company shall not be responsible in tort, contract or otherwise for any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods, including chilled, frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limitation the negligence, breach of contract (including any fundamental breach) or wilful act or default of the Company or others. This clause shall apply to all such loss or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods, whether or not the same occurs in the course of performance by or on behalf of the Company of any services provided in accordance with these terms and regardless of whether such loss, damage, deterioration, mis-delivery, failure to deliver or delay and the consequences of the same were in the contemplation of the Company and/or the Customer or foreseeable by them or either of them.
  13. Without any limitation of clause 12, the Company shall not be liable in tort, contract or otherwise for:
    • Any loss of, damage to, deterioration in or contamination of the goods whilst the goods are in the possession or custody or under the control of a third party as referred to in Clause 5 above but the Customer shall be entitled to the benefit of any right or claim which may exist against such third party;
    • Any loss of, damage to, deterioration in or contamination of the goods caused by fire, explosion, theft or water damage, storm, flood, the inherent nature of the goods, insufficient or inadequate packing accident or any cause beyond the reasonable control of the Company;
    • Any costs, damages, losses or expenses arising from loss of market or bargain or other consequential purely economic loss attributed to delay in forwarding in transit or making delivery or available for delivery;
    • Any loss of damage to deterioration in or contamination of the goods whatsoever or any costs, damages, losses or expenses resulting in any way from the Company failing to perform or arrange the performance of the instructions of the Customer or to perform its obligations under the contract if at the time any claim arises the Customer has failed to pay any moneys due to the Company in respect of the contract and in any event exceeding an amount of $100.00 in respect of all goods covered by the contract unless a greater amount is stipulated and agreed in writing by the Company and not withstanding any declaration by the Customer for any purpose that the goods have a greater value;
    • In the event of any services procured or provided by the Company including handling, installation, removal assembly or erection of any kind whatsoever, any loss, damage or injury of any kind whatsoever or howsoever arising, caused, incurred or occurring during part of such movement, including loss or damage to itemised equipment and loss, damage or injury to any person, property or thing damaged during the movement and any loss consequently or otherwise arising from any loss damage or injury aforesaid, regardless whether any such loss, damage, deterioration, contamination, cost or expense is caused or contributed to by the negligence, breach of contract (including any fundamental breach) or wilful act or default of the Company or others and whether or not the same occurs in the course of performance by or on behalf of the Company of any services provided in accordance with these terms and whether or not in the contemplation of the Company and/or the Customer or foreseeable by them or either of them.
  14. Unless expressly instructed in writing by the Customer:
    • the Company will not make any declaration of value or insert the same in any bill of lading or other document on behalf of the Customer for the purpose of extending or preserving the liability of any shipper or carrier as may be provided by any relevant statute; and
    • where there is a choice of tariff rates according to the extent of the liability assumed by carriers, warehouseman or others, no declaration of value (where optional) will be made for the purpose of extending liability, and goods will be forwarded or dealt with at the lowest cost.
  15. Except under special arrangements previously made in writing, the Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely either inherently or due to their manner of packing to cause injury or damage. Any person delivering such goods to the Company or causing the Company to handle or deal with any such goods (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties claims damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time without any liability on the part of the Company. If such goods are accepted under arrangements previously made in writing they may nevertheless be destroyed or otherwise dealt with without any liability on the part of the Company if circumstances arise creating a risk of damage or injury over and above the inherent propensities of such goods. The expression “goods likely to cause damage” includes goods likely to harbour or encourage vermin or other pests or diseases or bacteria and for the purposes of this condition the discretion of an authorised employee of the Company shall be conclusive to authorise destruction of or other handling of such goods. The Customer shall not make any claim of whatsoever nature arising out of the destruction or other handling of such goods categorised as “likely to cause damage”.
  16. Unless otherwise agreed to in writing, the Company accepts all goods for shipping or storage on the basis that no refrigeration or other special or unusual arrangements for storage or handing will be made notwithstanding that the Company may or should be aware from the nature of the goods or their packaging that some arrangements should be or are in the usual course made for such goods.
  17. The Company shall have a lien on the goods and any documents relating thereto for all sums payable to the Company under this or any other agreement and for that purpose shall have the right to sell any such goods by public auction or private treaty without notice to the Customer. Without prejudice to any power given by statute if any moneys due to the Company are not paid within 14 days after notice has been given that such goods are retained, they may be sold by auction or otherwise at the sole discretion of the Company and at the risk and expense of the Customer, and the proceeds applied in or towards satisfaction of such particular and general lien and the Company shall not be liable to the Customer, owner, or consignor or consignee for any loss of whatsoever nature incurred by such party from the sale of such goods.
  18. Notwithstanding any stipulated period for storage, any goods stored for the Customer shall be removed and any relative store warrant surrendered upon the expiration of 21 days. Notice in writing to remove the goods shall be given by the Company and the Customer shall pay all storage and other charges to the dace of such removal.
  19. In the event of a store warrant being issued by the Company in respect of any goods stored with it, the Company shall not be bound to deliver the goods except upon production of the store warrant, although the Company may dispense with the production of the store warrant upon the Customer furnishing such evidence as to ownership of the goods and the loss of the store warrant, although the Company may dispense with the Customer entering into or procuring such bond, guarantee or other security as the Company may require.
  20. The Company shall not under any circumstances be liable for loss or damage resulting from or attributable to any quotation statement, representation or information whether oral or in writing howsoever, wheresoever or to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the company as to the classification of or the liability for amount, scale or rate of customs duty, excise duty, other impost or tax, port storage, transport charges, insurance costs and all other imposts, costs, expense, losses, damages or any other impost or cost applicable to any goods, property or services, including services provided pursuant to these terms whatsoever.
  21. To the extent that any liability of the Company is not able to be excluded by law, then, in relation to any liability relating to the provision of any particular services (including any claim for misleading or deceptive conduct relating to any particular services), the Company’s liability is limited to, at the Company’s option:
    • Supplying the services again;
    • Payment of the cost of having the services supplied again.
  22. If the Company is liable for damage to or loss of the goods or any part thereof, no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of the Company within seven (7) days after delivery was effected or would in the ordinary course of business have been effected.
  23. The Company shall in any event be discharged from all liability whatsoever and howsoever arising unless suit is brought within six (6) months from their delivery or from the date on which in the ordinary course of business delivery would have been effected.
  24. Any provision herein limiting the liability of the Company shall be deemed to have been entered into by the Company on behalf of itself and its servants, employees and agents so that claim can be made by the Customer against any of them in contract or tort.
  25. Without limiting any other provision of this Agreement, the Customer must:
    • comply with the CoR Law and must not do or require or refrain from doing or requiring anything which would directly or indirectly cause or encourage any person to breach any CoR Law;
    • comply with any reasonable request or direction of the Company in relation to compliance with the CoR Laws; and
    • promptly advise the Company of any facts or circumstances which come to its attention which may give rise to any breach or allegation of breach of the CoR Laws and provide the Company with any information or documentation reasonably requested in relation to the same. For the purpose of this clause “CoR Law” means any laws in relation to safety concerning the carriage of goods by road, including as to mass, dimension, load restraint, speed, fatigue and vehicle standards, roadworthiness and maintenance and including the Heavy Vehicle National Law.