1. In this contract:

Agreement commencement date: The services, charges, terms and conditions outlined in this agreement will commence from the date of booking unless varied in writing by Truckit.net prior to this date.

Carriage: means and includes the whole of the operations and services undertaken by the Carrier in respect of the Goods.

Carrier: means a Premium Provider registered on the Truckit.net Platform who is engaged to transport the Goods on behalf of the Shipper, and who meets the following minimum Provider standards:

1. 10 or more Jobs Completed
2. 90% or higher Feedback Score
3. Less than 15% Cancellation Rate

and includes their servants, agents and/or subcontractors.

Goods: means the cargo accepted from the Shipper together with any container, packaging or pallets supplied by or on behalf of the Shipper.

Subcontractor: includes any person who pursuant to an agreement or arrangement with any other person (whether or not the Carrier) performs or agrees to perform all or part of the Carriage.

Shipper: means the entity responsible for arranging for Carriage of Goods under this agreement and includes any person who delivers Goods to the Carrier for Carriage.

2. The Goods are accepted by the Carrier subject to the following conditions:

1. The Shipper must ensure that the Goods comply with the requirements of any applicable laws, customs or government regulations relating to the nature, condition, packaging, carriage and delivery of the Goods and that the expense and charges of the Carrier in complying with the provisions of any such laws must be paid by the Shipper.
2. If any of the Goods are subject to the control of Customs, all customs duty, excise duty and costs which the Carrier pays must be reimbursed by the Shipper.
3. The Shipper must ensure that the Goods are fully and accurately detailed on Truckit.net including the nature, weight and dimensions of the Goods.

3. The Carrier reserves the right to refuse the Carriage of Goods or any class of Goods for the Shipper, at its discretion.
4. The Shipper warrants that except as shown in any accompanying certification the Goods do not contain any explosive or volatile spirits or other cargo of a dangerous inflammable or offensive nature or cargo the carriage of which would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth due to its nature, packaging or labelling. The Shipper indemnifies the Carrier in respect of all liability and against any loss or damage occurring wholly or partially as a result of or arising out of the Shipper’s failure to comply with this warranty.
5. The Carrier must comply with Chain of Responsibility legislation detailed in the Heavy Vehicle National Law (NSW) No 42a of 2013 and other equivalent State-based legislations applicable to the operation of Heavy Vehicles and any regulations issued under any such legislation. The Carrier may carry all Goods or have them carried by any method which the Carrier in its absolute discretion deems required to comply with the Chain of Responsibility legislation notwithstanding any instructions verbal or otherwise of the Shipper that the goods are to be carried by another method.
6. The Shipper indemnifies the Carrier and its servants, agents and subcontractors against any loss in connection with the carriage of the Goods, despite any action or inaction by the Carrier or its servants, agents or subcontractors.
7. The Goods are at the risk of the Shipper and the Carrier SHALL NOT BE UNDER ANY LIABILITY to any person including the Shipper for any loss of or damage to or mis-delivery, delay in delivery, or non-delivery of Goods held in the Carrier’s or Subcontractor’s care, custody or control, or any consequential loss however caused.
8. In the event of the Carriage including any handling, installation, removal, assembly or erection of any kind whatsoever (“the movement”), it is undertaken on the strict basis that the Carrier accepts no liability for any loss, damage or injury of any kind whatsoever, however arising or incurred or occurring during any part of the movement. This disclaimer extends to include any consequential loss arising from any such loss, damage or injury.
9. The Carrier has no liability to insure the Goods nor to insure in respect of matters arising from the Carriage of the Goods. The Shipper acknowledges the Carrier’s recommendation that the Shipper fully insure the Goods and all related risks.
10. The Carrier is authorised to deliver the Goods at the address given to the Carrier by the Shipper for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the Goods in accordance with this agreement if at that address they obtain from any person Proof of Delivery (POD) via a delivery receipt, signed delivery docket for the Goods or other confirmation in writing or by photographic confirmation that the goods have been delivered.
11. The Carrier's charges shall be considered earned as soon as the Goods are loaded and dispatched from the Shipper’s, the Carrier’s or the Subcontractor’s premises or depot, whichever occurs first, and shall be paid by the Shipper within the applicable payment terms. The Shipper will be and remains responsible to the Carrier for all of the Carrier’s proper charges incurred for any reason.
12. If any person fails to pay charges to the Carrier in respect of any Carriage following reasonable demand, the Carrier may detain all or any of the Goods which are in its possession until full payment is made.
13. It is agreed that the person delivering the Goods to the Carrier for Carriage or forwarding is authorised to sign this agreement for the Shipper.
14. The Shipper expressly warrants with the Carrier that the Shipper is either the owner or the authorised agent of the owner of any Goods the subject matter of this agreement and that by entering into this agreement the Shipper accepts these conditions of agreement for such owner as well as for all other persons on whose behalf the Shipper is acting.
15. This agreement shall be read having regard to the provisions of the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010) to the extent that those provisions are applicable to consumers as defined under Section 3 of Schedule 2. This agreement does not have the effect of excluding, restricting or modifying rights under the Australian Consumer Law which cannot be excluded, restricted or modified by agreement. Liability of the Carrier arising out of any one incident, for breach of a warranty implied into this agreement by the Australian Consumer Law, is limited to the following as determined by the Carrier:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.
16. Should the designated receiver of the Goods not be in attendance at the address given during normal trading hours when delivery is attempted (or at such other time as is booked for delivery), an additional charge may be payable by the Shipper in accordance with the Additional Charges and Cancellations provisions below, for each call (and any related storage costs) until delivery is accomplished.
17. In regard to Goods which the Carrier has been requested by the Shipper to pack and which are described on the face hereof, the Carrier shall not be liable for any damage or loss whatsoever whether in the course of packing or otherwise and howsoever occasioned to such Goods.
18. These conditions are governed by the laws of Queensland and any proceedings against the Carrier must be brought in that State only.
19. Written notice of any claim against the Carrier must be given at the Carrier’s Registered address within five days after delivery or in the event of non-delivery within five days after the Shipper becomes aware of the loss or injury and unless notice is so given the claim shall not be enforceable against the Carrier.
20. All rights, immunities, indemnities and limitations of liability granted to the Carrier in the terms and conditions of this agreement shall continue to have their full force and effect in all circumstances and notwithstanding any fundamental or other breach of this agreement or any of its terms and conditions by the Carrier or any other person entitled to the benefit of such provisions. If any provision or part of any provision of this agreement is unenforceable, that unenforceable provision (or part thereof) will be severed from this agreement and will not affect any other part of this contract.

21. The Shipper will be subject to additional charges in event of the following:
    1. Futile pick-up/delivery: Where a vehicle is dispatched and the Goods are unable to be either picked up or delivered, the following additional fees will apply:
       1. Rigid Vehicles: $50 + GST or 5% of the value of the full freight cost + GST, whichever is greater; or
       2. Semi-Trailer/B-Double Vehicles: $125 + GST or 10% of the value of the full freight cost + GST, whichever is greater.
    2. Demurrage: Rates are subject to loading / unloading time of 1.5 hours by despatcher and receiver. Demurrage will then apply at $100.00 + GST per hour in 15 min increments ($25 + GST per 15 mins).
    3. Cancellation: if a booking is cancelled within 24 hours of an agreed scheduled pick-up, the Carrier reserves the right to charge up to 30% cancellation fee of the full freight cost. Truckit.net will adjudicate regarding applicability and quantum of any cancellation fee at their absolute discretion.
    4. Any additional expenses the Carrier incurs as a result of any incorrect declaration by the Shipper of the size, quantity, description or modifications to the Goods.
    5. Storage charges if the Shipper is unable to either:
       1. Pick up the goods from the Carrier’s depot within 2 business days of the goods arriving for collection (if pick up is the agreed method of delivery); or
       2. Take delivery of the goods within 2 business days of the agreed delivery date.
    6. Any cleaning charges or costs incurred by the Provider if required for the purpose of any quarantine inspection.

22. The Shipper acknowledges receipt of and agrees to observe Truckit.net’s User Terms and Conditions in respect of all goods and services supplied by Truckit.net from time to time.
23. The Carrier acknowledges receipt of and agrees to observe Truckit.net’s Provider Terms and Conditions in respect of all goods and services supplied by Truckit.net from time to time.
24. Any expenses incurred by Truckit.net in recovering or attempting to recover any outstanding amount from the Shipper or otherwise including any fees payable to any licenced agency or any debt collection agency and legal costs will be paid on a full indemnity basis by the Shipper.
25. Interest at current bank overdraft rates may be charged on any overdue amount on the account and further, in consideration of any grant of credit, the Shipper expressly undertakes to pay all such interest.
26. Truckit.net will have a lien over and the right to sell any of the property of the Shipper that is in the possession of Truckit.net or the Carrier in order to recover any outstanding amount from time to time.

27. Dispute: If you wish to raise a dispute about delivery (or non-delivery) of the Goods, please notify Truckit.net by selecting ‘Dispute Delivery’ on the Truckit.net platform within 72 hours of the delivery or proposed delivery due date. The dispute will be adjudicated and resolved in line with the dispute process detailed on the Truckit.net site here.
28. In the event a dispute arises which is not covered by these Terms, we will investigate and use our discretion to determine whether an eligible claim can be made.