1. This contract is between you and us, CEVA Logistics (Australia) Pty. Ltd. (CEVA™).
1.2 We are not a common carrier. We may refuse to handle, transport or store vehicles for you for any reason whatsoever.
1.3 The terms of this Contract are not negotiable.
1.4 By vehicles we mean:
1.5 By services we mean all services supplied to you in any capacity, including as forwarding agent, shipping agent, forwarder, storer, carrier, or bailee.
1.6 We and any subcontractor may subcontract part or all of our obligations on any terms.
1.7 You agree that:
2. If you are a consumer
If you are a consumer as defined in the Australian Consumer Law, this Contract does not affect any non-excludable rights you may have as a result of that Act. If your contract with us is a "consumer contract" as defined by the Australian Consumer Law, there will be certain consumer guarantees deemed to apply to this agreement which cannot be excluded. In accordance with our rights under that legislation, however, any such guarantees are limited:
(a) in the case of the supply of goods, to one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.1 Our charges are payable as soon as we collect the vehicles from you, or from the address nominated by you.
3.2 You must pay the charges relating to the transport of the vehicles unless the sender (where you are not also the sender) or the receiver pays them. If another person is nominated in the Quotation or Booking Form as paying the charges, you promise that person will pay.
You are obliged to pay within agreed payment terms, i.e.:
(a) Casual Customers – Pre paid; or
(b) Approved account customers - within 7 days from date of invoice.
3.3 In addition to freight we will charge you for:
3.4 We are entitled to retain and be paid all allowances and remuneration paid including those customarily paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees.
3.5 a. Any alteration of vehicle collection address or delivery address requires 3 working days prior notice. Failure of notification will attract additional fees to cover the full value of the original booking charge plus any additional costs we incur as a result of changes to the collection address and or delivery address.
b. Cancellation or refund is only possible if you notify us prior to vehicle being in transit and will attract a $100 (GST inclusive) processing fee.
3.6 a. You may pay by an approved credit card in the manner stipulated in your Quotation or Booking Form.
b. All transactions will be in Australian currency.
c. Our services are subject to any applicable export restrictions.
d. We will collect and transmit your credit card information in a secure manner consistent with international best practice.
4. Some of your promises
4.1 Your promises are important because if they are incorrect we may, for example, be fined for unlawfully transporting the vehicles, or CEVA shall not be liable to you for loss of or damage to the items (e.g. personal effects).
4.2 You promise us and the persons referred to in paragraph 1.7 that:
5. Dangerous Goods
5.1 Dangerous goods cannot be accepted for transportation.
5.2 Goods are dangerous if they are classified by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or if they might injure or damage people, property or the environment. They include goods that are or may become poisonous, corrosive, volatile, explosive, flammable or radioactive but excludes goods that are inherently part of that vehicle e.g. petrol in the tank or LP Gas connected to the vehicle.
5.3 You promise that no dangerous goods have been placed in the vehicles.
5.4 Whether or not you have told us that any goods are dangerous, you agree that if we, or if any of the persons referred to in paragraph 1.7, consider on reasonable grounds that the goods may cause injury or damage, we or any of them can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable to you for any loss or damage you may incur by reason of our actions under this paragraph. You will always bear all risk of loss of or damage to, arising in connection with dangerous goods.
5.5 You will be liable for any loss or damage caused to our properties or other parties’ properties as a result of or in connection with your actions to dangerous goods under this paragraph.
6. You give us authority to:
7.1 We will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when we receive a signed receipt or delivery docket.
7.2 If that address is unattended, delivery will be deemed to have occurred and we may then at our discretion elect to redeliver at another time, or else we may require you to collect the vehicle from an address notified by us.
7.3 If the address of delivery is unattended and we elect to re-deliver vehicles to you, we will charge you for the costs of the re-delivery including any storage costs we may incur.
7.4 For the avoidance of doubt, the primary responsibility for delivery rests with us, and not with any third party credit provider or other third party.
8. Notify promptly if you have a claim for loss or damage to your vehicle
8.1 If you believe we are liable to you for damage caused to a vehicle in the course of delivery, you must:
8.2 We will have no liability to you, even if you give us a written notice within that time, if you do not commence legal proceedings against us within 6 months after the date of delivery.
9. Our liability for loss or damage to your vehicle
9.1 All vehicles transported by us receive coverage for loss and damage to your vehicle as referred below, unless specifically excluded by agreement with you.
9.2 If you have elected additional coverage for loss and damage to your vehicle as referred below, you must arrange at the time of booking and obtain approval before you give us custody of the vehicle. You are required to declare the approved value of the vehicle in the Quotation or Booking Form.
9.3 If we have agreed to an amount of coverage for loss and damage for the vehicle then our liability to you is limited to the amount determined in accordance with paragraphs 9.6, 9.7 and 9.8.
9.4 Coverage is only for physical loss or damage to the vehicle while the vehicle is in the care, control or custody of CEVA (subject to exclusions and limitations set out in this Contract).
9.5. CEVA™ warrants that:
a. it shall deliver the vehicle to the location identified in the Quotation or Booking Form in the same condition that the vehicle was delivered to CEVA™. You agree that if CEVA™ is required to retain possession of the vehicle because you have been unable to accept physical delivery, CEVA™ will not be liable for the condition of the vehicle if that vehicle has not been collected from CEVA™ within 30 days of delivery; and
b. except where liability where has been excluded or limited by this Contract or by statute, it shall be liable to you for loss or damage to your vehicle which occurs or arises while your vehicle is in the care, custody or control of CEVA™.
9.6 CEVA’s liability in respect of any vehicle excludes the following:
(a) Pre-existing damage (b) Hail damage (c) Insect damage (d) Bird or bat droppings (e) Isolated stone chips (f) Loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the motor vehicle (g) Loss or damage to the vehicle other than whilst in the care, custody and control of, CEVA™ (h) Mechanical or electrical derangement; and (i) Force Majeure Event.
9.7 Unless you specifically exclude our liability for loss or damage to the vehicle in the Quotation or Booking Form, or select a higher level of liability in the Quotation or Booking Form, in all cases where liability has not been excluded or limited by this Contract or by statute, our liability to you will be limited as follows:
a. if the vehicle is stolen and not recovered within a reasonable time or totally written-off, we will be liable for the lesser of:
(i) the vehicle’s value which you declared in Quotation or Booking Form;
(ii) the vehicle’s market value at the time of your claim; and
If the vehicle has been stolen or deemed to be totally written-off and payment is made to you by CEVA™, you agree that CEVA™ shall have the full salvage rights to that vehicle or if that vehicle is later found CEVA™ shall have full ownership rights over that vehicle.
b. if the vehicle is damaged, we will be liable for the lesser of:
(i) the cost of repairs of the vehicle; and
9.8 If you wish to increase the limit of our liability to you for loss or damage to your vehicle pursuant to this Contract, then you may do so by agreeing to pay an additional charge of $3.30 inclusive of GST for every increase of $1,000 above the maximum limit of our liability in paragraphs 9.7(a)(iii) and 9.7(b)(ii) (which is $60,000).
9.9 You must submit your claim for loss or damage to the vehicle to us in writing, in the case of:
a. visible damage to the vehicle which was not identified at the time we accepted your vehicle for delivery, prior to taking delivery of the vehicle;
b. visible damage to the vehicle which was notified in accordance with paragraph 8.1, no later than 2 days after taking delivery of the vehicle;
c. non delivery of the vehicle; no later than thirty (30) days from the date the vehicle is placed with CEVA; and
d. any other claim, no later than two days after delivery of the vehicle or the date by which the vehicle should have been delivered, and failing receipt of such notice we shall be forever discharged from any and all liability to any person (including you) in respect of the vehicle and/or the services.
9.10 In the event that you make a claim for damage to your vehicle in accordance with clause 9, we will conduct an investigation and at our discretion we will either:
(i) Undertake required repairs ourselves through our repairers, with all costs borne by us; or (ii) Settle the claim direct with yourself for such amount as determined by that investigation.
10. All other liability to you
10.1 Services are supplied at your risk. You: (a) bear all risk of loss or damage to the vehicles, unless we have agreed to accept liability for loss or damage to the vehicle in accordance with paragraph 9, in which case we are liable to pay you only up to the limit determined in accordance with paragraph 9; and
(b) always bear all risk of loss or damage arising in connection with the vehicle.
10.2 Other than as provided in paragraph 9, we and the persons referred to in paragraph 1.7 are not liable for any delay, loss, or damage arising from the supply of or failure to supply services for any reason whatsoever including breach of contract, negligence, breach of duty as bailee, or our wilful act or default.
10.3 We and the persons referred to in paragraph 1.7 have the benefit of all exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever including breach of contract, negligence, breach of duty as bailee, or our wilful act or default.
10.4 We will not be liable to you for any indirect, special or consequential losses including but not limited to loss of profits, loss of business and pecuniary loss howsoever caused or arising.
To the extent that one party receives information from the other party which is inherently confidential in nature, the receiving party agrees not to disclose such information to a third party without the authority of the disclosing party, except to the extent permitted by law or otherwise in circumstances where such information had entered the public domain.
To the extent that you collect personal information from us pursuant to this Contract, you undertake to handle and process such information strictly in accordance with the Australian Privacy Principles.
13. Force Majeure Event
13.1 If a party is wholly or partially precluded from complying with its obligations under this Contract by Force Majeure Event affecting that party, then that party's obligation to perform in accordance with this Contract (except where there is an obligation to pay for the service has already rendered) will be suspended for the duration of the delay arising out of the Force Majeure Event.
13.2 As soon as possible after a Force Majeure Event arises, the party affected by it must, if it has not already done so, notify the other party of the Force Majeure Event and the extent to which the notifying party is unable to perform its obligations under this Contract.
13.3 For the purposes of this Contract a “Force Majeure Event” means anything outside that party's reasonable control, including without limitation, fire, flood, drought, hail, storm, lightning, act of God, peril of sea or air, explosion, sabotage, accident, embargo, labour dispute or shortage, civil commotion and act of war.
In the event you breach the terms of this Contract, we may terminate this Contract immediately by providing written notice.
15.1 Assignment. You may only assign your rights under this Contract with our prior consent.
15.2 Governing law. This Contract is governed by the law enforce in the State of Victoria, Australia.
15.3 Entire Agreement. This Contract, including documents incorporated by reference, constitutes the entire agreement between the parties. To the extent of an inconsistency between the component documents of this Contract, the documents will be interpreted in the following order of precedence:
(a) the standard terms and conditions;
(d) any other document incorporated by reference.
15.4 Disputes. If you dispute your obligation to make a payment, or if you have any other reason for disputing whether we have met our obligations under this agreement, you should contact us in accordance with clause 15.5. We will make a reasonable attempt to mediate any complaint but otherwise we do not commit to following a formal alternative dispute resolution process. Notwithstanding the foregoing, we do not seek to exclude the applicability of any statutory dispute resolution scheme.
15.5 Contact. Your first point of contact with us in relation to any issue arising out of the transaction should be the person so stipulated in the Quotation or Booking Form or alternatively you can contact us as follows:
Customer Care Centre: firstname.lastname@example.org
Phone 13 2277 (13 CARS)