Using this website and our services means you accept Our Terms and Conditions.
OUR TERMS & CONDITIONS
PERFORMANCE AND DELIVERY OF THE SERVICES
- Auto Transporters will provide the Services in accordance with this agreement.
- Auto Transporters 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.
- 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.
- You understand, if the delivery location is unattended or not reasonably accessible or delivery of the Goods is refused, Auto Transporters 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.
- If Auto Transporters becomes aware of any damage to or deterioration of Goods whilst in its possession or under its control, Auto Transporters will promptly notify You and, to the extent reasonably practicable, will quarantine the affected Goods to allow You to inspect them. You and Auto Transporters must use reasonable endeavors to agree as to what to do with the quarantined Goods.
- 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.
- You agree that the person delivering the Goods for transportation and the person collecting the Goods from Auto Transporters is authorized to do so, and is authorized to bind you under this agreement.
- You agree you will not engage Auto Transporters or any of its staff or representatives in ANY domestic dispute relating to vehicle ownership or possession, and to not hold Auto Transporters 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
- You understand any times quoted or proposed by Auto Transporters 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.
- You understand that Auto Transporters 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.
- 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 Auto Transporters may take an extra 14 to 60 days to the provide and/or complete its services.
- You understand that Auto Transporters does not and cannot guarantee delivery times as transit times can vary and therefore any time-frames, days or dates are provided as estimates only.
- 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 Auto Transporters control and this is why pick up and delivery times/dates and anticipated transit times can only ever be provided as estimates.
PAYMENT METHODS AND OBLIGATIONS
- You must pay ‘Charges for the Services’ to Auto Transporters prior to commencement of the Services unless Auto Transporters agrees otherwise.
- Charges must be paid by Credit Card or by Bank Deposit into the account identified by Auto Transporters in the booking confirmation.
- Charges payable for the Services are confidential and You agree not to disclose them to any third party.
- If You do not pay ‘Charges for the Services’ by the due date for payment, Auto Transporters may suspend the provision of the Services until Charges have been paid or may, on 7 days’ notice, terminate this agreement.
- 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: 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, a refund of 50% of the service fee paid will be made available. If the cancellation is made within 24 to 48 hours of the booking, 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, no refunds will be made available.
- Auto Transporters may charge by weight, measurement or value and may at any time re-weigh or re-value, or re-measure or require the Goods to be re-weighed, re-valued or re-measured and charge proportional additional Charges accordingly.
- 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 Bio-security 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 tyre. 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.
- 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
- Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this agreement are inclusive of GST.
- If GST is payable, on any supply made under this agreement, the recipient of the Goods will pay Auto Transporters an amount equal to the GST payable on the supply. The recipient must pay this amount in addition to and at the same time that the consideration for the supply is to be provided.
- Auto Transporters is not a common carrier and accepts no liability as such. Auto Transporters reserves the rights to agree or to refuse contact with the Customer in its absolute discretion.
- Auto Transporters 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 authorizes Auto Transporters to name the Customer or another person as the consignor in any documentation where applicable.
- All Services are provided by Auto Transporters subject only to these Conditions, the Conditions which are incorporated into any bill of lading, waybill or consignment note issued by Auto Transporters, the Conditions in the bill of lading, waybill or consignment note shall prevail.
- 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 Auto Transporters or any other person entitled to the benefit of such provisions.
- 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.
- 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.
- Auto Transporters shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement is in writing and signed by an authorized person.
The Customer warrants that:
- It is either the owner and/or the authorized agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this contract on its own behalf and/or as authorized agent of that person or persons.
- 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.
- It has complied with the requirements of any applicable law (including the Australian Dangerous Goods Code) relating to the nature, condition, packing, handling, labeling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable Auto Transporters to comply with any of its obligations under such law.
- Other than a Claim or allegation by the Customer against Auto Transporters, no Claim or allegation shall be made by any person (including the Customer) against any other person (including Auto Transporters) 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.
- It will notify Auto Transporters of any damage to the Goods within 24 hours of the delivery by emailing details and photos of the damage to firstname.lastname@example.org
AUTO TRANSPORTERS RIGHTS
- Auto Transporters may provide the Services by any method which Auto Transporters in its absolute discretion deems fit, notwithstanding any instructions of the Customer that the Services are to be supplied by another method.
- Auto Transporters 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.
- If the Customer or the receiver fails to accept delivery of Goods, Auto Transporters shall be entitled to store the Goods at the risk and expense of the Customer.
- Auto Transporters 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 of Auto Transporters intention to dispose of the Goods.
- If, in the opinion of Auto Transporters, the Goods are liable to become Dangerous Goods, Auto Transporters 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.
- If, in the opinion of Auto Transporters, the Goods do not meet the requirements of all applicable laws relating to the Goods and Services to be handled by Auto Transporters using the equipment and operating procedures normally employed by Auto Transporters in providing the Services, Auto Transporters in its absolute discretion may:
- Refuse to Provide the Services in respect of the Goods or any part of them; or
- 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 Auto Transporters.
- If, in the opinion of Auto Transporters it is necessary and reasonable to do so to render the Goods or Services in relation to the Goods safe, Auto Transporters may open any Container, package, wrapping or documents.
- Auto Transporters may subcontract the Services (in whole or in part) on any terms and Auto Transporters 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 Auto Transporters or a subcontract, each of whom shall to this extent be or be deemed to be parties to this contract.
AUTO TRANSPORTERS LIABILITIES
- Auto Transporters accepts 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.
- Auto Transporters shall not be responsible in tort, contract, bailment or otherwise for any, or the consequence of any:
- Breach by You or your associates of any term of these Conditions and/or any applicable Services Agreement;
- 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.
- Tarpaulins or covers attached to any Motor Vehicle.
- Any Motor 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;
- Damage to any Motor Vehicle caused by animal droppings, hail or airborne objects;
- 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;
- Loss of or damaged to the Goods, or delay in delivering or failure to deliver the Goods; or
- Delay in providing or failure to provide or perform Services.
4. Auto Transporters 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.
- 5. Any Claim relating to performances of the Services must be notified to Auto Transporters by email to email@example.com within 24 Hours of delivery of the Goods or Container or the date by which the Goods should have been delivered. or the opportunity to make such a claim will no longer be available.
- 6. The Customer or the receiver shall inspect the Motor Vehicle upon delivery and shall immediately notify Auto Transporters of any alleged damage to the Motor Vehicle by noting such damage on the consignment note issued by Auto Transporters.
7. In any event, Auto Transporters 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.
8. 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 Auto Transporters or any of its appointed contractors or agents, any resolution, repair, replacement or other resolution consideration and/or any repair activity must be requested and completed by the customer at the customers own costs, under the customers own private insurance policy.
- 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.
- Auto Transporters takes no responsibility for the exceptions to the following clauses. Auto Transporters:
- Will not accept responsibility of damage or delays in transport times due to acts of nature;
- Will not accept any responsibility for underside damage to vehicles with a ground clearance of less than 150 mm;
- Will not accept responsibility for any mechanical derangement;
- Will not accept responsibility for the loss of any personal items transported within any vehicle;
- Will not accept liability for damage to vehicles in poor or damaged condition at pick-up;
- Will not accept liability for damage to the underside or concealed areas of the vehicle;
- Will not cover non-driveable vehicles;
- Will not cover damage which is notified outside of the 24-hour notification period following vehicle delivery.
ADVICE & INFORMATION
- Auto Transporters 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 Auto Transporters 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.
- In giving or making such quotation, advice, statement, representation or information Auto Transporters relies solely on the particulars provided by the Customer in relation to the Goods or cargo and in relation to the transaction(s) relating to the Goods or cargo.
- Auto Transporters shall have a lien on the Goods and/or any other cargo or items of the Customer in possession or control of Auto Transporters and any documents relating to those Goods, cargo or items for all sums payable by the Customer to Auto Transporters.
- Auto Transporters 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.
- Auto Transporters 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.
Auto Transporters 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 Auto Transporters.
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.
This part shall apply only to Services in respect of Motor Vehicles provided by Auto Transporters.
In these Conditions:
- Charges means Auto Transporters quoted charges for Services calculated under its rates schedule or other agreed rates and the charges and any cost of any Auto Transporters extra services tax (GST) levied directly on transport or supply under these Conditions.
- 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.
- Conditions mean these Standard Conditions of Contract.
- Container means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry cargo.
- Customer means the person at whose request or on whose behalf of Auto Transporters provides the Services.
- 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.
- Dispute means any controversy, Claim or dispute arising out of or in relation to this agreement.
- Goods means the Motor Vehicle or item in relation to which any part of any Services have been or are to be performed.
- Government Agency means a government or government department or other body, a governmental semi-governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law.
- GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) ACT 1999 (CTH).
- Invoice means a tax invoice issued under the GST Law.
- Motor Vehicle means a passenger vehicle, light commercial vehicle or truck.
- Services means the whole of the operations and Services undertaken by Auto Transporters in anyway whatsoever connected with or concerning the Goods, together with a license to use related information technology systems/processes and software developed by Auto Transporters (if applicable) and utilized by Auto Transporters and/or the Customer in relation to those Services.
- Services Agreement means, where applicable, the agreement forming part of this contact which includes specific provisions in relation to the Services.
- Subcontractor means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Auto Transporters) provides or agrees to provide the Services or any part of the Services.
- Auto Transporters means Auto Transporters with whom this contract is made or any of its appointed representatives.
- Vehicle means a truck or other Motor Vehicle, or train employed by a person other than Auto Transporters or its subcontractors to deliver the Goods to Auto Transporters or to collect Goods from Auto Transporters at a premise.
- You and Your means YOU, the Customer specified in the booking confirmation.