TRIBE RURAL LOGISTICS
GENERAL FREIGHT – TERMS OF BUSINESS
Tribe Rural Services Pty Ltd trading as Tribe Rural Logistics
ABN 40 677 940 840
These Terms of Business apply to all freight, transport, handling, storage and associated services supplied by Tribe Rural Logistics (“Tribe Rural”, “we”, “us” or “our”).
By requesting, booking, accepting or continuing to use our Services, the Customer agrees to these Terms.
1. DEFINITIONS
In these Terms:
Customer means the person or entity requesting or paying for the Services and includes the consignor, consignee and any person acting on their behalf.
Goods means any goods, freight, pallets, packages, equipment or other property accepted by us for transport, handling or storage.
Services means transport, freight, collection, delivery, handling, storage, loading, unloading and any related services supplied by us.
Consignment means the Goods accepted by us for transport under a particular booking.
Charges means all freight charges and any additional fees, surcharges, waiting time, storage, redelivery, handling, tolls or other amounts payable under these Terms or an accepted quotation.
2. APPLICATION OF THESE TERMS
2.1 These Terms apply to every Service we provide unless we expressly agree otherwise in writing.
2.2 A quotation, rate schedule, booking confirmation, consignment note, email or other written agreement issued by Tribe Rural forms part of the contract between Tribe Rural and the Customer.
2.3 If there is an inconsistency between these Terms and a written quotation or specific written agreement issued by Tribe Rural, the specific written agreement will apply to the extent of the inconsistency.
2.4 Any terms contained in a Customer purchase order, booking system or other document do not override these Terms unless expressly accepted by Tribe Rural in writing.
3. QUOTATIONS, PRICING AND FUEL LEVY
3.1 Unless stated otherwise, quotations are based on information supplied by the Customer including:
collection and delivery locations;
number of pallets, packages or items;
dimensions and weight;
cubic capacity or pallet space occupied;
type and nature of Goods;
required vehicle type;
loading and unloading arrangements;
access conditions; and
requested collection and delivery times.
3.2 Tribe Rural may adjust the Charges where the information supplied by the Customer is incorrect, incomplete or materially changes after the quotation is issued.
3.3 Additional Charges may apply for circumstances including:
additional kilometres or route changes;
waiting time;
additional collections or deliveries;
redelivery or rerouting;
storage;
hand loading or unloading;
tailgate services;
specialised equipment;
after-hours, weekend or public holiday work;
tolls;
difficult or unsafe site access;
oversized or overweight Goods;
Goods occupying more space than originally declared;
pallet exchange requirements;
additional labour; or
any other work not included in the original quotation.
3.4 Unless expressly stated otherwise, prices are exclusive of GST.
3.5 Any applicable fuel levy is included within Tribe Rural’s quoted freight rates unless expressly stated otherwise.
3.6 Tribe Rural may adjust its fuel levy, freight rates or the fuel component incorporated within quoted or agreed rates by providing the Customer with a minimum of seven (7) days’ written notice.
3.7 Any adjusted rate will apply to Services performed after the effective date stated in the notice.
3.8 Quotations may be withdrawn or revised before a booking is accepted.
4. BOOKINGS
4.1 A booking is subject to vehicle and driver availability and is not confirmed until accepted by Tribe Rural.
4.2 Estimated collection and delivery times are estimates only unless Tribe Rural expressly agrees in writing to a guaranteed service.
4.3 Tribe Rural will use reasonable efforts to meet agreed schedules but does not guarantee arrival or delivery at an exact time.
4.4 The Customer must provide accurate contact details, addresses, access instructions, delivery instructions and loading or unloading requirements for both the collection and delivery locations.
5. CUSTOMER RESPONSIBILITIES AND PACKAGING
The Customer must ensure that:
5.1 all Goods are accurately described;
5.2 all weights, dimensions, quantities, cubic measurements and pallet counts supplied to Tribe Rural are accurate;
5.3 the Goods are properly and adequately packaged, wrapped, boxed, secured and prepared for ordinary road transport;
5.4 the packaging is appropriate for the nature, weight, shape and fragility of the Goods;
5.5 Goods are packed in a manner that prevents movement, leakage, collapse, contamination or damage during normal transport and handling;
5.6 Goods are packaged efficiently and do not unnecessarily occupy additional vehicle, pallet or floor space;
5.7 the collection and delivery locations are safe and reasonably accessible by the vehicle required to perform the Service;
5.8 Goods are ready for collection at the agreed time;
5.9 appropriate personnel and equipment are available for loading and unloading unless Tribe Rural has expressly agreed to provide those services;
5.10 all necessary documentation, permits, instructions and declarations have been provided before collection; and
5.11 the Goods may lawfully and safely be transported.
5.12 Incorrect or Inefficient Packaging
Where Goods are improperly, inefficiently or inadequately packaged and, as a result:
occupy more pallet spaces;
occupy more cubic capacity;
cannot be safely stacked;
prevent other freight from being loaded;
require additional floor space;
require additional handling; or
otherwise take up more capacity than originally quoted,
the Customer will be charged for the actual space, pallet positions, cubic capacity or vehicle capacity occupied by the Goods, together with any reasonable additional handling Charges.
The Customer acknowledges that freight Charges may therefore be increased where the physical presentation or packaging of the Goods differs from the information supplied when the quotation or booking was made.
6. WEIGHT, DIMENSIONS AND PALLET DECLARATIONS
6.1 The Customer warrants that all declared weights, dimensions, pallet quantities and cubic measurements are accurate.
6.2 Tribe Rural may weigh, measure or otherwise verify any Consignment.
6.3 If the actual weight, dimensions, pallet spaces, cubic capacity or nature of the Goods differ from those declared, Tribe Rural may:
adjust the Charges;
charge for the actual space occupied;
require a different vehicle;
refuse to carry the Goods; or
delay transport until the Consignment can be carried legally and safely.
6.4 Tribe Rural will not knowingly transport Goods where doing so would cause a breach of applicable mass, dimension, load restraint or road safety requirements.
7. LOADING, UNLOADING AND LOAD RESTRAINT
7.1 Unless otherwise agreed in advance, the Customer must ensure that appropriate loading and unloading facilities, personnel and equipment are available at both the collection and delivery locations.
7.2 This may include, where appropriate:
forklifts;
loading docks;
pallet jacks;
suitable loading areas;
appropriate site personnel; or
other equipment required to safely load or unload the Goods.
7.3 Where a site does not have suitable loading or unloading facilities, the Customer must notify Tribe Rural before the Service is performed if:
tailgate loading or unloading is required;
hand loading or unloading is required;
additional personnel are required; or
any other specialised unloading arrangement is required.
7.4 The below charges apply for additional handling:
Hand unloading: $70.00 + GST per load/unload
Tailgate service: $35.00 + GST per load/unload
7.5 These Charges apply separately at collection and delivery where the service is required at both locations.
7.6 Where Tribe Rural arrives at a location and is unable to load or unload the Goods because the Customer supplied incorrect or incomplete information regarding site facilities, access or unloading requirements:
additional handling Charges may apply;
waiting time may apply;
redelivery Charges may apply;
storage Charges may apply; and
Tribe Rural may return, redirect or hold the Goods until suitable arrangements are made.
7.7 Responsibility for loading and unloading will otherwise depend on the Service booked and the activities actually performed by each party.
7.8 Where the Customer, consignor, consignee or another third party loads Goods, they must ensure the Goods are packed, positioned and presented in a manner that allows them to be safely restrained and transported.
7.9 Tribe Rural may refuse to transport Goods where we reasonably believe:
the Goods are improperly packed;
the load cannot be safely restrained;
the Goods exceed lawful mass or dimension limits;
the vehicle or loading area would be unsafe; or
transport would breach applicable law.
8. CHAIN OF RESPONSIBILITY
8.1 Each party must comply with its obligations under the Heavy Vehicle National Law, road transport legislation, work health and safety legislation and other applicable laws.
8.2 Nothing in these Terms requires or permits any person to:
exceed legal driving or work hours;
improperly alter work or rest schedules;
exceed speed limits;
exceed vehicle mass or dimension limits;
transport an unsafe or improperly restrained load; or
otherwise breach applicable transport safety law.
8.3 The Customer must not impose a requirement, deadline, loading practice or commercial arrangement that would reasonably encourage or require Tribe Rural, a driver or another person to act unlawfully or unsafely.
8.4 Each party remains responsible for the transport activities over which it has control or influence as required by law.
8.5 Safety and legal compliance take priority over any collection or delivery schedule.
9. WAITING TIME AND DELAYS AT SITES
9.1 The quotation may include a reasonable loading and unloading period which we allocate up to 45 minutes.
9.2 Where Tribe Rural’s vehicle or driver is delayed at a customer loading or unloading site beyond 45 minutes because Goods, paperwork, loading facilities, personnel or access are not ready, waiting time will be charged at a rate of $55.00+GST per hour, with a minimum 1 hour charge applied.
9.3 Waiting time includes time spent waiting:
to enter a site;
for loading or unloading;
for paperwork;
for pallets;
for site personnel;
for forklifts or other equipment;
for access;
for instructions from the Customer or consignee; or
for any other matter outside Tribe Rural’s reasonable control.
9.4 Where a delay affects driver fatigue compliance, lawful working hours or the ability to complete subsequent scheduled Services, Tribe Rural may postpone or reschedule collection or delivery.
10. ACCESS TO COLLECTION AND DELIVERY LOCATIONS
10.1 The Customer must disclose any known access restrictions including:
narrow roads or gates;
low trees or structures;
unsealed or unsuitable roads;
steep driveways;
weight restrictions;
restricted loading areas;
limited turning areas;
security or access requirements; or
any other conditions that may affect safe vehicle access.
10.2 Our drivers may refuse to enter any location reasonably considered unsafe or unsuitable.
10.3 Where safe access is unavailable, delivery may be made to an alternative location agreed with the Customer or the Goods may be returned, redirected or stored at the Customer’s cost.
10.4 Tribe Rural is not responsible for damage to private roads, driveways, yards, underground services or other property resulting from heavy vehicle access where the Customer directed or authorised the vehicle to enter and the damage was not caused by Tribe Rural’s negligence.
11. DELIVERY INSTRUCTIONS, REROUTING AND REDELIVERY
11.1 The Customer is responsible for ensuring that all collection and delivery information supplied to Tribe Rural is complete and accurate.
11.2 This includes:
street addresses;
business names;
site contacts;
contact telephone numbers;
delivery times;
access instructions;
loading dock information;
unloading requirements;
site restrictions; and
any special delivery instructions.
11.3 Where Tribe Rural attends or proceeds towards the delivery location originally supplied and the delivery instructions are inaccurate, incomplete or subsequently changed, and Tribe Rural is required to redirect, reroute or redeliver the Consignment, additional redelivery or rerouting Charges will apply at a rate of $55.00+GST per hour spent re-delivering.
11.4 These Charges apply regardless of the distance between the originally supplied delivery location and the revised or rerouted delivery location and a minimum 1 hour charge is applied for each re-delivery.
11.6 Additional Charges may also apply for:
additional travel time;
waiting time;
additional kilometres;
disruption to the vehicle schedule;
storage;
handling;
additional labour; or
any subsequent delivery attempt.
11.7 Delivery occurs when the Goods are:
delivered to the agreed delivery location;
handed to the consignee or their representative;
placed in an agreed location; or
otherwise dealt with in accordance with the Customer’s delivery instructions.
11.8 Tribe Rural may obtain proof of delivery electronically, including:
signatures;
photographs;
GPS records;
electronic timestamps; or
other delivery records.
11.9 Where authority to leave has been given, the Customer accepts the reasonable risks associated with leaving the Goods unattended.
12. PALLETS AND EXCHANGE EQUIPMENT
12.1 Pallet exchange is not included unless expressly agreed before transport.
12.2 The Customer must clearly advise Tribe Rural before collection where CHEP, Loscam or other exchange equipment is involved.
12.3 Tribe Rural does not guarantee that equivalent pallets will be available for immediate exchange at any collection or delivery location.
12.4 Pallet transfer documentation remains the Customer’s responsibility unless expressly included in our Service.
12.5 Charges may apply for collecting, returning or repositioning pallets or other exchange equipment.
13. DANGEROUS AND PROHIBITED GOODS
13.1 The Customer must not tender dangerous, hazardous, explosive, illegal, contaminated or regulated Goods without obtaining Tribe Rural’s prior written approval.
13.2 The Customer must provide all classifications, declarations, safety data sheets, packaging information, placards and documentation required by law.
13.3 Tribe Rural may refuse any Goods that we reasonably believe present an unacceptable safety, legal or contamination risk.
13.4 The Customer is responsible for reasonable loss, clean-up costs, penalties or expenses arising from dangerous or hazardous Goods that were not correctly declared, packaged or documented, except to the extent caused by Tribe Rural’s negligence or unlawful conduct.
14. GOODS WE DO NOT CARRY WITHOUT PRIOR AGREEMENT
Unless expressly accepted by Tribe Rural in writing, the Customer must not consign:
dangerous goods
cash or negotiable instruments;
precious metals;
jewellery or gemstones;
firearms or ammunition;
explosives;
illegal substances;
livestock or animals;
human remains;
hazardous chemicals;
temperature-sensitive Goods requiring controlled transport;
perishable Goods requiring controlled transport;
extremely fragile Goods;
artworks, antiques or collectibles of unusually high value; or
any individual item of unusually high value.
Different conditions may apply where Tribe Rural expressly agrees to transport specialist Goods.
15. INSURANCE
15.1 Tribe Rural Logistics' Insurance
Tribe Rural Logistics maintains insurance in connection with its transport operations, including insurance in respect of certain loss of or damage to Goods, subject at all times to the terms, conditions, limits, exclusions, excesses and endorsements of the applicable insurance policy.
15.2 No Representation of Full-Value Insurance
Tribe Rural Logistics does not represent or warrant that Goods are insured for their full value or that any particular loss, damage, event, circumstance or claim will be covered or accepted by Tribe Rural Logistics' insurer. The existence or amount of insurance maintained by Tribe Rural Logistics does not increase Tribe Rural Logistics' liability beyond the limitations contained in these Terms.
15.3 Customer's Insurance
The Customer is responsible for considering whether the limitations of liability contained in these Terms provide sufficient protection having regard to the nature and value of the Goods. Where the Customer requires protection exceeding Tribe Rural Logistics' applicable liability limits, the Customer is responsible for arranging its own goods-in-transit or other appropriate insurance for the Goods.
15.4 Disclosure of High-Value or Special Goods
Before collection, the Customer must disclose to Tribe Rural Logistics any Goods that:
are unusually valuable;
are unusually fragile;
require specialised handling, storage or transport;
are dangerous, hazardous, refrigerated, temperature-controlled or otherwise specialised; or
have a nature, condition or value that would not reasonably be apparent to Tribe Rural Logistics.
Disclosure of the nature or value of Goods does not increase Tribe Rural Logistics' liability unless Tribe Rural Logistics expressly agrees otherwise in writing before accepting the Goods.
15.5 Additional Arrangements
Following disclosure under clause 15.4, Tribe Rural Logistics may:
decline to carry the Goods;
impose additional conditions;
require the Customer to arrange appropriate insurance;
require evidence of insurance;
agree to different liability limits in writing; or
charge additional amounts for any agreed additional arrangements.
15.6 Tailgate, Tail-Lift and Manual Loading or Unloading
Unless expressly agreed otherwise in writing, any insurance or transit protection maintained or provided by Tribe Rural Logistics in respect of Goods does not apply while Goods are being loaded or unloaded using a tailgate, tail lift or manual/hand handling methods. The Customer is responsible for arranging appropriate insurance for the Goods during those activities. Loading and unloading by other methods remains subject to the terms, conditions, limits, exclusions and endorsements of Tribe Rural Logistics' applicable insurance arrangements and these Terms.
16. CLAIMS FOR LOSS OR DAMAGE
16.1 Notification
The Customer must notify Tribe Rural Logistics as soon as reasonably practicable after becoming aware of any loss of or damage to Goods. Where loss or damage is apparent at delivery, the Customer should, where reasonably practicable, record the loss or damage on the proof of delivery.
16.2 Evidence
The Customer must provide reasonable information and evidence requested by Tribe Rural Logistics in connection with a claim, which may include:
photographs;
purchase invoices;
evidence of the value and ownership of the Goods;
evidence of the condition of the Goods before transport;
repair or replacement quotations;
packaging information; and
any other information reasonably necessary to investigate the claim.
16.3 Preservation and Inspection
Where reasonably practicable, damaged Goods and their packaging must be retained and Tribe Rural Logistics must be given a reasonable opportunity to inspect them before they are repaired, disposed of or destroyed.
16.4 No Admission of Liability
The making, investigation, referral or notification of a claim does not constitute an admission of liability by Tribe Rural Logistics. Tribe Rural Logistics may refer any claim to its insurer and may require the Customer to provide information reasonably necessary for that purpose.
17. LIABILITY FOR GOODS
17.1 Non-Excludable Rights
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
17.2 Direct Physical Loss or Damage
Subject to clause 17.1 and to the maximum extent permitted by law, where Tribe Rural Logistics is legally liable for direct physical loss of or damage to Goods, including where that liability arises from the negligence or breach of contract of Tribe Rural Logistics, its employees, drivers, agents or subcontractors, that liability is subject to all limitations and exclusions contained in these Terms.
17.3 Maximum Aggregate Liability - One Event
Subject to clause 17.1 and to the maximum extent permitted by law, Tribe Rural Logistics' total aggregate liability for all loss of or damage to Goods arising from any one accident, event, occurrence or originating cause shall not exceed $200,000 in total.
The $200,000 limit is an aggregate limit applying collectively to the entire event and is not a separate limit available to each Customer, Consignment, consignor, consignee, owner, claimant, pallet, package or item.
The aggregate limit applies regardless of:
the number of Customers affected;
the number of Consignments affected;
the number of owners or claimants;
the number of claims made;
the number of pallets, packages or items involved; or
the total value of the Goods affected.
All loss or damage arising from the same accident, event, occurrence or originating cause, or a series of related occurrences arising from the same originating cause, shall be treated as one event for the purposes of this clause.
17.4 Multiple Claims Arising From One Event
Where more than one Customer, Consignment, owner or claimant suffers loss or damage arising from the same event and the aggregate amount of claims would otherwise exceed the limit in clause 17.3, Tribe Rural Logistics' total liability shall nevertheless remain limited to $200,000. To the maximum extent permitted by law, the amount available in respect of individual claims may be reduced proportionately so that Tribe Rural Logistics' total aggregate liability does not exceed $200,000.
17.5 Maximum Amount for Individual Goods
Subject always to the aggregate limit in clause 17.3, Tribe Rural Logistics' liability for any particular Goods shall not exceed the lesser of:
the reasonable cost of repairing the Goods;
the reasonable replacement value of the Goods immediately before the loss or damage; or
the amount of the Customer's proven direct physical loss.
17.6 Inadequate, Unsuitable or Unsafe Loading and Unloading Facilities
To the maximum extent permitted by law, Tribe Rural Logistics is not liable for loss of or damage to Goods, property or other loss to the extent caused or contributed to by inadequate, unsuitable, defective or unsafe loading or unloading facilities, equipment, access or conditions provided, nominated or controlled by the Customer, consignor, consignee or any third party.
This includes, without limitation:
loading docks, ramps or platforms that are unsuitable, unsafe or incompatible with the vehicle;
uneven, unstable, soft, sloping, obstructed or otherwise unsafe loading or unloading surfaces;
inadequate clearance, access or manoeuvring space;
unsuitable or defective forklifts, pallet jacks, cranes, loading equipment or other equipment not supplied and controlled by Tribe Rural Logistics;
inadequate lighting or visibility;
unsafe, damaged, unstable or unsuitable pallets or packaging;
Goods that cannot reasonably and safely be loaded or unloaded using the facilities available; and
any instruction or requirement to load or unload Goods in circumstances that Tribe Rural Logistics reasonably considers unsafe.
The Customer is responsible for ensuring that suitable and safe loading and unloading facilities, access, equipment and conditions are available at each collection and delivery location. Tribe Rural Logistics may refuse, suspend or discontinue loading or unloading where it reasonably considers the facilities, access, equipment or conditions to be unsafe or unsuitable, without liability for resulting delay or non-delivery to the maximum extent permitted by law.
17.7 Tailgate, Tail-Lift and Manual Loading or Unloading
The Customer acknowledges that loading or unloading Goods using a vehicle tailgate, tail lift or manual/hand handling methods involves greater inherent risk than loading or unloading at a suitable loading dock using appropriate mechanical handling equipment, including an increased risk of movement, instability, tipping, dropping or spillage of Goods.
Where the Customer requests, authorises or accepts loading or unloading:
using a tailgate or tail lift; or
manually or by hand,
the Customer acknowledges and accepts the additional risks associated with that method of loading or unloading.
Goods are not covered under any transit protection or insurance offered or represented by Tribe Rural Logistics while being loaded or unloaded by tailgate, tail lift or manual/hand handling methods. The Customer is responsible for arranging its own appropriate insurance for the Goods during those loading and unloading activities.
To the maximum extent permitted by law, Tribe Rural Logistics accepts no liability for loss of or damage to Goods occurring during loading or unloading by tailgate, tail lift or manual/hand handling methods, including loss or damage arising from dropping, tipping, falling, movement, instability or spillage, whether accidental or otherwise and including where caused or contributed to by an act or omission of Tribe Rural Logistics, its employees, drivers, agents or subcontractors.
Nothing in this clause excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
17.8 Other Excluded Causes
To the maximum extent permitted by law, Tribe Rural Logistics is not liable for loss of or damage to Goods to the extent caused or contributed to by:
inadequate, inappropriate or defective packaging;
inherent defect, vice, deterioration or ordinary wear and tear;
undisclosed fragility or characteristics of the Goods;
inaccurate, incomplete or misleading information or instructions supplied by the Customer;
incorrect weight, dimensions, quantity, description or declaration of Goods;
any act or omission of the Customer, consignor, consignee or owner of the Goods;
loading, unloading, packing or securing performed by someone other than Tribe Rural Logistics;
unlawful, unsafe, prohibited or incorrectly declared Goods; or
circumstances outside Tribe Rural Logistics' reasonable control, except to the extent that liability cannot lawfully be excluded or limited.
17.9 Consequential and Economic Loss
To the maximum extent permitted by law, Tribe Rural Logistics is not liable for indirect, consequential or economic loss arising from loss of or damage to Goods, including:
loss of profit or revenue;
loss of production;
business interruption;
loss of opportunity;
loss of contract;
manufacturing downtime;
penalties imposed on the Customer by another person; or
other consequential economic loss.
17.10 Insurance Does Not Increase Liability
Any insurance maintained by Tribe Rural Logistics is for the protection of Tribe Rural Logistics and is subject to the applicable insurer's terms, conditions, limits, exclusions, excesses and acceptance of any claim. The existence of insurance, the amount of insurance maintained or any payment made by an insurer does not increase or extend Tribe Rural Logistics' liability beyond the liability otherwise arising under these Terms.
17.11 No Separate $200,000 Entitlement
For the avoidance of doubt, the $200,000 amount specified in clause 17.3 is a maximum aggregate contractual liability limit for one event. It does not constitute a representation that:
each Customer has $200,000 of insurance;
each Consignment is insured for $200,000;
$200,000 is available separately for each claim;
the Goods are insured for their full replacement value; or
an insurer will accept or pay any particular claim.
18. SUBCONTRACTING
18.1 Tribe Rural may engage appropriately qualified subcontractors or other carriers to perform all or part of a Service.
18.2 Tribe Rural remains responsible for managing its contractual obligations to the Customer subject to these Terms and applicable law.
18.3 The Customer authorises Tribe Rural to provide necessary consignment information to subcontractors involved in performing the Service.
19. CANCELLATIONS
19.1 The Customer may cancel a booking by notifying Tribe Rural as early as reasonably possible.
19.2 A reasonable cancellation fee may apply where a vehicle, driver, subcontractor or other resource has already been committed to the booking.
19.3 If a vehicle has already departed for collection, Tribe Rural may charge the reasonable costs incurred up to the time of cancellation.
19.4 Where a booking is cancelled because the Goods are unsafe, unlawful, materially different from those declared or cannot legally be transported, reasonable costs already incurred remain payable.
20. PAYMENT TERMS
20.1 All invoices issued by Tribe Rural are payable within seven (7) calendar days from the date of invoice unless Tribe Rural expressly agrees otherwise in writing.
20.2 The seven-day payment period commences on the date shown on the invoice and is not dependent upon the Customer receiving payment from its customer or any other third party.
20.3 The Customer must raise any genuine invoice dispute promptly and provide reasonable details of the disputed amount.
20.4 The undisputed portion of any invoice remains payable within seven (7) days from the date of invoice.
20.5 Where an account is overdue, Tribe Rural may:
suspend further Services;
place the Customer’s account on hold;
require payment before accepting additional freight; or
withdraw previously approved credit terms.
20.6 Tribe Rural may recover reasonable external debt recovery and collection costs actually incurred in recovering an overdue debt, to the extent permitted by law.
20.7 Overdue amounts may attract interest at the rate stated on the relevant invoice or credit agreement, provided that rate is lawful and reasonable.
21. LIEN OVER GOODS
21.1 To the extent permitted by law, Tribe Rural has a general lien over Goods in our possession for Charges properly due and payable in connection with those Goods.
21.2 Where payment remains outstanding, Tribe Rural may retain the affected Goods until the outstanding Charges relating to those Goods are paid.
21.3 Before exercising any right to sell or dispose of Goods, Tribe Rural will comply with applicable law and provide any notice required by law.
21.4 Reasonable storage expenses incurred while Goods are retained may be charged to the Customer.
22. STORAGE
22.1 Freight held at a depot, warehouse or other location because delivery cannot be completed may incur storage charges.
22.2 Storage is subject to available space and any specific storage requirements of the Goods.
22.3 Goods requiring temperature control, specialist security or regulated storage will not be stored unless suitable arrangements have been expressly agreed.
23. EVENTS OUTSIDE REASONABLE CONTROL
23.1 Tribe Rural is not responsible for a failure or delay in collection, transport or delivery caused by an event or circumstance reasonably outside Tribe Rural’s control.
Such circumstances include, without limitation:
road closures;
roadworks;
excessive traffic or traffic congestion;
associated road delays;
motor vehicle accidents;
major traffic incidents;
detours;
severe weather;
flood;
fire;
bushfire;
natural disaster;
breakdown despite reasonable vehicle maintenance;
mechanical failure outside Tribe Rural’s reasonable control;
industrial action;
government action;
police or emergency service direction;
emergency incidents;
biosecurity restrictions;
telecommunications outages;
port or terminal delays;
delays at third-party loading or unloading facilities;
delays caused by another carrier or supplier; or
any other comparable event outside Tribe Rural’s reasonable control.
· border restrictions;
23.2 Where such an event causes or contributes to a delay, Tribe Rural will not, to the extent permitted by law, be responsible for any loss, cost, expense, penalty, lost profit, lost production, business interruption, consequential loss or other financial loss suffered by the Customer or any third party as a result of that delay.
23.3 This applies whether the delay affects:
collection;
linehaul transport;
arrival time;
delivery;
a booked delivery window;
a subsequent connecting transport service; or
another commitment of the Customer.
23.4 Tribe Rural will take reasonable steps to minimise disruption and resume the Service where reasonably practicable.
23.5 Additional work requested or reasonably required as a result of such circumstances may be separately charged.
24. CUSTOMER INDEMNITY
To the extent permitted by law, the Customer indemnifies Tribe Rural against reasonable loss, liability, cost or expense arising from:
materially incorrect information supplied by the Customer;
incorrect delivery or collection instructions;
undeclared dangerous or prohibited Goods;
unlawful Goods;
defective, inadequate or inappropriate packaging performed by the Customer or its agents;
unsafe loading performed by the Customer or its agents;
the Customer’s breach of applicable transport safety legislation; or
the Customer’s negligence,
except to the extent the loss was caused or contributed to by Tribe Rural.
25. PRIVACY AND INFORMATION
25.1 Tribe Rural may collect and use information reasonably necessary to:
arrange and perform transport Services;
communicate with Customers, consignors and consignees;
issue invoices and collect payments;
manage safety and compliance;
investigate incidents or claims; and
maintain transport and delivery records.
25.2 Information may be provided to drivers, subcontractors, insurers, advisers or authorities where reasonably necessary for these purposes or required by law.
26. COMPLIANCE WITH LAW
Both Tribe Rural and the Customer must comply with all legislation applicable to their respective activities, including applicable:
heavy vehicle laws;
road transport laws;
work health and safety requirements;
dangerous goods laws;
environmental requirements; and
Australian Consumer Law obligations.
Nothing in these Terms requires either party to act unlawfully.
27. VARIATION OF SERVICES
27.1 If circumstances arise during a Service that materially change the work required, Tribe Rural will, where reasonably practicable, obtain the Customer’s approval before incurring significant additional Charges.
27.2 Where immediate action is reasonably necessary to protect:
people;
property;
the Goods;
the vehicle;
legal compliance; or
the safe and efficient continuation of the Service,
Tribe Rural may take reasonable action without prior approval and charge the reasonable costs resulting from that action.
28. DISPUTES
28.1 A party claiming there is a dispute should notify the other party and provide reasonable details.
28.2 Both parties must first attempt to resolve the dispute through good-faith discussion.
28.3 Nothing in this clause prevents either party from taking urgent legal action or exercising rights available under applicable consumer legislation.
29. GOVERNING LAW
These Terms are governed by the laws applicable in Victoria, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Victoria, subject to any law requiring otherwise.
30. SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be read down to the extent possible or severed where necessary, without affecting the remaining provisions.
31. ENTIRE AGREEMENT
These Terms, together with any accepted quotation, booking confirmation, rate agreement or other written agreement between Tribe Rural and the Customer, constitute the agreement relating to the relevant Services.
32. ACCEPTANCE
The Customer accepts these Terms by:
signing or otherwise accepting them;
accepting a quotation that refers to these Terms;
making a booking after receiving these Terms;
tendering Goods to Tribe Rural for transport; or
continuing to use Tribe Rural’s Services after being provided with these Terms.