Standard Trading Conditions
ABN 47 658 911 589 | ACN 658 911 589
These Standard Trading Conditions apply to all services provided by 2 Easy Freight Pty Ltd (“Company”). By engaging the Company to provide services, the Customer acknowledges and agrees to be bound by these legally binding terms and conditions.
1. DEFINITIONS
1.1 “Agreement” means these Standard Trading Conditions together with any signed consignment note, credit application, or authority provided by the Customer.
1.2 “Company” means 2 Easy Freight Pty Ltd, its employees, agents, contractors, subsidiaries, divisions and related entities.
1.3 “Customer” means the consignor, consignee, shipper, receiver, owner, bailor of the Goods or any person for whom the Services are performed.
1.4 “Goods” means any goods, items, articles or property handled by the Company including any container, pallet, packaging or equipment supplied with the Goods.
1.5 “Services” means all services provided by the Company including without limitation storage, warehousing, transport, carriage, handling, cross-docking, unpacking, pick and pack, and related activities.
1.6 “Dangerous Goods” means goods classified as dangerous, hazardous, flammable, explosive, radioactive or otherwise capable of causing harm, injury, or damage.
1.7 “Perishable Goods” means goods subject to deterioration including but not limited to food, plants, or livestock.
1.8 “Consequential Loss” means any indirect or economic loss, including without limitation loss of profits, revenue, goodwill, opportunity, or reputation.
1.9 “Subcontractor” means any third party engaged by the Company to perform any part of the Services.
2. GENERAL
2.1 The Company is not a common carrier and accepts no liability as such.
2.2 These Terms shall prevail over any terms of the Customer to the extent of inconsistency.
2.3 No variation shall be effective unless in writing and executed by the Company.
2.4 This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland and of the Federal Court of Australia.
2.5 The Company may subcontract the whole or any part of the Services. All rights, exemptions, indemnities and limitations granted to the Company shall extend to such subcontractors, agents and employees.
2.6 The Company may, at its sole discretion, inspect, weigh or open any Goods at the Customer’s risk and expense.
3. SERVICES
3.1 The Goods are at the risk of the Customer at all times.
3.2 The Company may decline to provide Services at its sole discretion.
3.3 Delivery shall be deemed complete when the Goods are delivered to the nominated address and signed for by any person at that address, or left at the address if so authorised.
3.4 If delivery cannot be completed, the Company may at its discretion store, return or dispose of the Goods at the Customer’s risk and expense.
3.5 Any times quoted for performance of the Services are estimates only and not guarantees.
4. CUSTOMER OBLIGATIONS AND WARRANTIES
4.1 The Customer warrants that it is the owner or authorised agent of the Goods and has full authority to contract with the Company.
4.2 The Customer warrants the accuracy and sufficiency of all descriptions, markings, weights, measurements and other particulars of the Goods provided to the Company.
4.3 The Customer warrants that the Goods are properly packed, labelled and marked, and compliant with all applicable laws, including the Heavy Vehicle National Law.
4.4 The Customer shall indemnify the Company against all loss, damage, liability, cost, charge or expense arising from any breach of these warranties or obligations.
5. FEES AND PAYMENT
5.1 Fees are earned once Goods are accepted or Services commenced and are payable within seven (7) days of invoice unless otherwise agreed in writing.
5.2 Fees include disbursements, third-party charges, taxes or duties incurred by the Company.
5.3 The Company may vary its fees where third-party costs increase beyond its reasonable control.
5.4 Without prejudice to any other rights, the Company may charge interest on overdue amounts at the Commonwealth Bank business overdraft rate or such other reasonable minimum late fee, currently $30 per invoice per week.
5.5 Payment shall not be withheld, deferred, or set-off by the Customer against any claim.
5.6 Fees remain payable notwithstanding loss, damage or non-performance of Services.
6. LIABILITY AND LIMITATIONS
6.1 To the maximum extent permitted by law, the Company excludes all liability for loss, damage, delay, misdelivery or non-delivery.
6.2 Where liability cannot be excluded, it is limited to the lesser of: (a) AUD $1.00 per kilogram of the Goods lost or damaged, subject to a maximum of AUD $1,000 per occurrence; or (b) the actual value of the Goods at the time they were received by the Company.
6.3 The Company shall in no circumstances be liable for Consequential Loss.
6.4 Claims must be notified in writing to the Company as follows: (a) for damage – within seven (7) days of delivery; (b) for loss or non-delivery – within seven (7) days of expected delivery; and (c) legal proceedings must be commenced within three (3) months of delivery or expected delivery.
6.5 All protections, indemnities and limitations granted to the Company extend to its subcontractors, employees and agents.
6.6 The Customer shall be solely responsible for effecting insurance in respect of the Goods. The Company has no obligation to insure the Goods unless expressly agreed in writing.
7. LIEN AND SECURITY INTEREST
7.1 The Company shall have a general and particular lien over all Goods in its possession for all sums due by the Customer.
7.2 If payment is not received within fourteen (14) days of notice, the Company may sell or otherwise dispose of the Goods by public auction or private treaty without further notice.
7.3 The Company may apply sale proceeds in satisfaction of amounts owing, with any surplus remitted to the Customer.
7.4 The Customer grants the Company a security interest in all Goods and related documents pursuant to the Personal Property Securities Act 2009 (Cth), which security interest shall continue until all amounts owing are paid in full.
8. DANGEROUS, PERISHABLE AND VALUABLE GOODS
8.1 Unless otherwise agreed in writing, the Company shall not accept valuables, Dangerous Goods, Perishable Goods or livestock.
8.2 If such Goods are delivered without prior written agreement, the Customer shall be liable for all loss, damage or expense and such Goods may be destroyed, sold or otherwise dealt with at the sole discretion of the Company without compensation to the Customer.
9. FORCE MAJEURE
9.1 The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control including but not limited to natural disasters, strikes, lockouts, war, terrorism, pandemic, epidemic, government actions or embargoes.
9.2 Where a Force Majeure event continues for more than twenty-eight (28) days, either party may terminate the Services by written notice without liability.
10. SEVERANCE AND WAIVER
10.1 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 No waiver, forbearance or indulgence by the Company shall constitute a waiver of its rights unless in writing and signed by the Company.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire understanding between the Company and the Customer and supersedes all prior negotiations, representations or agreements.
11.2 The Customer acknowledges it has not relied on any representation, promise or statement not expressly set out herein.
12. ACCEPTANCE
12.1 By signing any consignment note, credit application or otherwise instructing the Company to perform Services, the Customer is deemed to have accepted and agreed to be bound by these Terms and Conditions.
Company Name: Company ABN:
Authorised person Name: Position:
Signature :