1. About These Terms
SS 25 Transport Pty Ltd (ABN 97 702 168 189), trading from Perth, Western Australia, provides freight cartage, linehaul and transport logistics services. In these terms, "we", "us" and "our" refer to SS 25 Transport Pty Ltd, and "you" refers to the customer engaging our services.
These terms apply together with any written quote, booking confirmation or agreed service schedule we issue. Where a quote or booking confirmation conflicts with these terms, the quote or booking confirmation will prevail to the extent of the inconsistency.
2. Quotations and Pricing
Quotes provided by us are valid for 14 days from the date of issue unless otherwise stated in writing. All prices are quoted in Australian dollars and are exclusive of GST unless expressly stated otherwise.
Quotes are based on the information you provide, including freight type, weight, dimensions, pickup and delivery locations and any special handling requirements. If the actual freight or conditions differ materially from the information supplied, we reserve the right to review and adjust the quoted price before or during the provision of services. Additional charges may apply for waiting time, after-hours or weekend work, tail-lift requirements, hand unloading, detention, redelivery or storage where caused by circumstances outside our control.
3. Bookings, Instructions and Access
Bookings are confirmed once we accept your instructions in writing, by email or through our website. You are responsible for ensuring that all information you provide to us is accurate, complete and provided in sufficient time for us to perform the services.
You must ensure that pickup and delivery locations are safe, legally accessible and suitable for the vehicles we deploy. Where a site is unsafe or inaccessible, we may suspend work, and reasonable additional costs arising may be charged to you.
4. Payment Terms
Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. We may require a deposit or prepayment for certain jobs, particularly for new customers, oversized movements or long-distance work.
If an invoice remains unpaid past its due date, we may suspend services, charge interest on outstanding amounts at a rate reasonably determined by us, and recover reasonable costs of debt recovery. All goods transported by us remain subject to a general lien for unpaid charges until all amounts owed to us have been paid in full.
5. Customer Obligations
You warrant that:
- You are the owner of the freight or are duly authorised by the owner to consign it for carriage;
- All descriptions, weights, dimensions and values of freight supplied to us are accurate;
- The freight is properly packed, labelled and secured for road transport in accordance with applicable Australian standards and laws;
- The freight is not dangerous, hazardous or prohibited goods unless disclosed to us in advance in writing and accepted by us; and
- All necessary permits, licences and approvals relating to the freight have been obtained.
6. Dangerous and Prohibited Goods
We will not accept dangerous goods, hazardous substances, perishable items, livestock, illegal goods or any items that cannot lawfully be carried on public roads, unless expressly agreed by us in writing and carried in compliance with the Australian Dangerous Goods Code and all applicable regulations. You indemnify us against any loss, damage, fine or penalty arising from your failure to disclose the nature of any freight.
7. Insurance and Risk
We carry insurance appropriate to our operations. However, unless otherwise agreed in writing, our rates do not include transit insurance for your freight, and we are not an insurer of your goods. We recommend that you arrange your own marine, transit or cargo insurance if you require cover for loss of or damage to freight in transit.
Risk in the freight passes in accordance with the agreed Incoterms or, where none are agreed, remains with you while the freight is in transit.
8. Limitation of Liability
To the fullest extent permitted by law, our liability for any claim arising out of or in connection with our services is limited, at our option, to the resupply of the services or the cost of having the services supplied again, or, in respect of freight, to the value of the freight or a maximum of $100 per item, whichever is the lesser.
We are not liable for indirect or consequential loss, including loss of profit, loss of business opportunity, loss of contracts or economic loss, however arising, in connection with the services.
9. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any rights that you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other statutory rights that cannot lawfully be excluded. Our goods and services may also come with guarantees under the Australian Consumer Law that cannot be excluded.
To the extent that our services are supplied to you in trade or commerce, any statutory guarantees apply in accordance with the law. Where permitted, our liability for breach of a condition or warranty is limited as set out in clause 8.
10. Force Majeure
We will not be liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including extreme weather, flooding, bushfire, road closures, accidents, breakdowns, industrial action, government restrictions, pandemics or other events of force majeure. Where such an event occurs, we will notify you as soon as practicable and work with you in good faith to minimise disruption.
11. Indemnity
You indemnify us, our employees, contractors and subcontractors against all claims, losses, damages, fines, penalties and expenses arising from:
- Your breach of these terms;
- Inaccurate or incomplete information you provide to us;
- The condition, packing, labelling or nature of the freight;
- Any infringement of laws, regulations or third-party rights in connection with the freight; or
- Unsafe or unlawful access conditions at pickup or delivery sites.
12. Subcontracting
We may engage subcontractors to perform all or part of the services on our behalf. Where we do so, these terms apply to the services performed by the subcontractor, and we remain responsible for the overall performance of the services.
13. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to the collection, use and disclosure of your information as described in that policy.
14. Termination
Either party may terminate an ongoing services arrangement by giving 14 days' written notice. We may terminate or suspend services immediately where you fail to pay amounts due, breach a material term of these terms, or where continued performance would expose us or our personnel to unlawful risk. Termination does not affect accrued rights or obligations, including your obligation to pay for services already rendered.
15. Dispute Resolution
If a dispute arises in connection with these terms or our services, the parties agree to first attempt to resolve the dispute in good faith through direct negotiation. Either party may send a written notice of dispute, and the parties will meet or confer within 14 days of that notice to seek a resolution before commencing formal proceedings, except where urgent relief is required.
16. Governing Law
These terms are governed by the laws of Western Australia, and the parties submit to the jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.
17. Amendments
We may amend these terms from time to time by publishing the updated version on our website at ss25transport.site. Amendments take effect from the date of publication and apply to services booked after that date. We encourage you to review these terms periodically.
18. Contact
Any questions, notices or correspondence regarding these terms should be directed to:
SS 25 Transport Pty Ltd
ABN 97 702 168 189
Perth, WA, Australia
Email: ceo@ss25transport.site
Website: ss25transport.site