Terms and conditions of service

Summary of the important things

It is essential that you read and accept the terms and conditions of service before engaging us. 

Terms and conditions are accepted via signature on the Road Direct consignement note. It is agreed that the person signing the consignment note upon pickup of any Goods by Road Direct for carriage or transportation and or Storage is authorised to sign the documentation evidencing this agreement for or on behalf of the Customer.

While we have full marine and cargo insurance, we are not a common carrier. This means we do not insure goods under consignment during handling or while being transported. Goods are consigned entirely at the risk of the owner, and we accept no liability for loss or damages.

10% interest per annum will be added to invoices that are not paid on time.

A debtor is liable to pay any third-party fee in the event they fail to pay an invoice within these payment terms and conditions. This includes but is not limited to collection costs and legal costs.

1.1 Definitions and interpretations

Headings are for reference only and do not effect the interpretation of these terms and conditions. 

In these terms and conditions unless expressed otherwise:

(i) "Road Direct Transport” is the trading name of Level Beyond Pty Ltd: ABN 67 616 884 381. These terms and conditions of service shall apply equally and severally under Level Beyond Pty Ltd, its trading name (Road Direct Transport) and its short form name (Road Direct) and includes its officers, commercial sites of operation, employees, servants, subcontractors, and agents.

(ii) "Charges" or "Charge" means the charges payable for transport services, surcharges and consultation as calculated under Road Direct's quote schedules or other agreed rates, and any tax including a Goods and Services Tax (‘GST’) levied directly on a transaction or supply. All prices are quoted exclusive of GST, which must be added to quoted rates by the client in consideration of exact costs of a quoted price.

(iii) "Customer" means the “Client” or “Consignor" or “Consignee” and means any person, organisation, company, government or statutory body or authority, or any group or combination of these individuals or entities with whom this contract is made or on whose behalf this contract is entered into or whom Road Direct contracts to provide services.

(iv) "Goods" or “Cargo” or “Consignment” shall mean that which is requested to be transported by the Customer of Road Direct or by its subcontractors for the purpose of carriage to the place or destination of delivery, such place or destination to be as instructed by the Customer to Road Direct. It also means the goods accepted from the Customer with any container, packaging or pallets supplied by or for the Customer.

(v) The “Consignment Note” is the effectual contract document, issuance of which to the Customer in person or in writing, or by email, activates and ratifies the contract of service under these terms and conditions of service. No other method shall activate a contract of trade with Road Direct, and all other methods shall be invalid and carry no right to claim for the Customer.

(vi) "Sub-Contractor" shall mean and include:

(a) Any person, organisation, company, government or statutory body or authority with whom Road Direct may arrange for the carriage or storage of any Goods the subject of these terms and conditions;

(b) Any person with whom Road Direct arranges for the carriage or storage of any Goods and any person who is a servant, agent, employee or sub contractor of Road Direct.

2. EXCLUSIONS AND LIMITATION OF ROAD DIRECT'S LIABILITY

2.1

Road Direct is not a common carrier and accepts no liability as such. All Goods are carried, handled, and transported by Road Direct subject to these terms and conditions.

2.2

Subject to clause 2.10, Road Direct excludes from these terms and conditions all conditions, warranties and terms implied by statute and general law.

2.3

Subject to clause 2.10, Road Direct accepts no liability to the Customer for acts or omissions of the Carrier for loss of, damage to or deterioration or contamination of the Goods, or any delay, non-delivery, misdirection of Goods, or other failure to supply the Goods, or supply the Goods in time, or arising out of the Goods, or these terms and conditions.

2.4

Subject to clause 2.10 Road Direct accepts no liability for, and the Customer releases and indemnifies Road Direct against all loss, damage, costs and expense from any claim by the Customer in tort (including negligence), contract, bailment or otherwise for loss or damage to any property, injury to, or death of any person arising out of the acts or omissions of Road Direct, or any or all of the Goods, any delay, non-delivery or other failure to supply the Goods, deterioration, damage, contamination or loss of Goods or any failure arising or delay out of the storage of the Goods.

2.5

The exclusions, releases and indemnities in clauses 2.2, 2.3 and 2.4 extend to loss of profits, loss of sales, interest, business, trade, brand value, or anticipated savings or any other indirect or consequential damage, and to economic loss, even if Road Direct knows they are possible or otherwise foreseeable.

2.6

These terms and conditions apply in all circumstances arising from a fundamental breach of contract or breach of a fundamental term.

2.7

Road Direct, in addition to acting for itself, also acts for each of its servants, agents, and Sub-Contractors so these conditions, including any exclusions or limitations of liability herein apply and extend wholly to Road Direct Sub-Contractors, and those Terms and Conditions of Service of the Sub-Contractors shall form a part of, and apply in full force under these terms and conditions also, and all the rights, immunities and limitations of liability in these terms and conditions continue to have their full force and effect in all circumstances.

2.8

Road Direct is not liable for, nor bound by, any instructions to collect cash on delivery or any other payments for the Customer, nor any cost for failure to act on an instruction.

2.9

Notwithstanding anything herein contained, Road Direct shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to these terms and conditions and prevents the exclusion restriction or modification of that warranty.

2.10

The provisions governing all arrangements and agreements between the parties are subject to Force Majeure. Force Majeure shall include but not be limited to an act of God, strike, lockout, act of public enemy, war, blockade, act of terrorism, revolution, riot, insurrection, civil commotion, lightning, fire, storms, flood, explosion, act of State, government restraints and restrictions, embargoes, availability or equipment, plant, goods and the like, or any other cause, all such events not being reasonably within the control of the party claiming benefit of the same.

3. CLAIMS & INSURANCE

3.1

Subject to clause 3.2, the parties agree that Road Direct is not liable for damages or loss of the Goods or any part of the Goods, or for trade losses arising from consulting services, recommendations, direct acts of commercial intervention, or instruction relied upon.

3.2

The parties agree that the Customer must lodge any notice of claim for consideration and determination by Road Direct within seven (7) days of the date of delivery, non-delivery, or other instance-giving rise to such claim.

3.3

The failure to notify a claim within the time limit under clause 3.2 is evidence of satisfactory performance by Road Direct of its obligations.

3.4

Road Direct will acknowledge and accept liability for import container detention where it deems itself to be at fault up to a limit of $800.00 only, and the Customer agrees to make no claim beyond this limit for such costs arising from late wharf collection, including any immediate or future consequential losses whatsoever extending from late container collection, late dehire, loss of profit, loss of custom, action for recovery by another party, or degradation of brand value.

3.5

The Customer accepts without limitation that:

(i) The Goods and Services are provided, carried, handled, and stored solely at the Customers risk, and Road Direct is under no obligation to arrange insurance to cover Goods and Services for the Customer against any form of direct or consequential loss arising, nor shall it arrange such insurance of any kind whatsoever, unless effected in writing by special arrangement.

(ii) No claim may be made against Road Direct for failure to arrange insurance on behalf of a Customer, or for not insuring goods in transit, handling, and storage, or for outcomes of consulting service advice it provides.

4. QUOTATIONS AND CHARGES

4.1

Any quotation given by Road Direct to the Customer is valid for the period of 30 (thirty) days from the date of the quotation.

4.2

Acceptance of a quotation is effective only upon signing and receipt by Road Direct of the signed quotation within the said time period, or upon commencement of trade before or after this date.

4.3

Quotations and Road Direct’s Standard Rate Schedule may be varied from time to time, and Road Direct reserves its right to make such variance with written notice to the Customer of not less than seven (7) calendar working days. The varied rates will apply from the date specified by Road Direct

4.4

Charges are from Road Direct unless otherwise quoted.

4.5

Road Direct will advise the customer of the due date for payment of Charges and specify the due date for payment of Charges on the consignment note. The Customer must pay Road Direct the Charges by the due date specified on the consigment note and on the Road Direct tax invoice.

4.6

Road Direct will charge interest on any overdue amount at the maximum rate of 10% per annum or exercise its right to a lien over the Customer’s Goods.

4.7

The Customer is liable for any third party fees incurred by Road Direct if the Customer fails to pay Charges in full by the due date specified on the Invoice. This includes but is not limited to debt collection and legal fees.

4.8

The Road Direct Quotation and any Standard Rate Schedules arising, form part of these terms and conditions, and acceptance of a quotation either in writing, or otherwise enforced through the commencement of trade (with or without the return of a signed quotation), invokes by default these Terms and Conditions in their entirety and with immediate effect.

4.9

Refund of Charges by Road Direct is not applicable under any circumstances.

4.10

Road Direct is NOT a common carrier, and strongly urges all Customers to arrange appropriate insurances prior to engaging Road Direct.

5. TRANSPORT SERVICE CHARGES

5.1 The Customer must:

(i) Pay reasonable surcharges as arising and in accordance with Road Direct’s written or verbal communication of a requirement to do so to ensure safe, compliant, profitable, carriage of Goods. 

(ii) Pay reasonable Charges arising and in accordance with Road Direct’s written or verbal communication of a requirement to do so for freight services arising that have not been quoted by Road Direct.

(iii) Pay additional Charges which are to be agreed by the parties whether verbally or in writing where a specialised service is required to complete the task, such as a pilot, border inspection or other exception where additional costs arise.

(iv) Pay demurrage Charges in accordance with the Customer’s quotation where a vehicle is unduly delayed at collection or delivery.

(v) Pay additional Charges for dangerous goods, container tailgates, AQIS and state/territory requirements and inspections, futile delivery, and any other services as required by the Customer and Charges are agreed.

(vi) Pay statutory fines arising from non-compliance, misstatements of weight, dimension, or composition of goods, or falsely declared or missing documentation.

(vii) Pay fees without notice or prior agreement between Road Direct and the Customer, where charges are reasonably levied by Road Direct for unforseen circumstances, or are incurred to directly mitigate a higher consequential cost to the Customer (perceived or real), or if the Customer cannot be contacted during or after business hours and action is required to avert higher potential cost or losses.

(viii) Pay for Charges arising for the hire, recovery and or replacement of all pallets listed on consignment notes by Road Direct for transportation of the Goods, where the Customer’s, Consignor, and or Consignee’s equipment exchange or transfer procedures fail and consequential costs arise.

(ix) Pay additional Charges for container detention (for late off-hire), Container wharf storage (for late import container collection), Container late lodgement (for late export container delivery), or other related costs for container cleaning, or container repair due to damages, where it is obliged to do so.

7. PAYMENT OF ACCOUNT

7.1 

Unless prior consent is granted in writing by Road Direct to the Customer for an extension of their terms of account, specified on the Consignment Note, then if the Customer makes no or partial payment to Road Direct on its account, Road Direct may place a stop service on the Customer’s account. The Customer agrees and acknowledges that Road Direct is not liable for any resulting loss or damage caused to the Customer and or its Goods as a consequence of the stop service.

7.2

Road Direct will charge interest on any overdue amount at the maximum rate of 10% per annum or exercise its right to a lien over the Customer’s Goods.

7.3

The Customer is liable for any third party fees incurred by Road Direct in enforcing or attempting to enforce its rights to payment under these Terms and Conditions. This includes but is not limited to debt collection and legal fees.

8. RIGHT TO REFUSE CARRIAGE OR STORAGE OF GOODS

Road Direct reserves the right to refuse at its discretion the provision of any service it provides for whatever reasonable cause it may deem necessary to do so, and this shall extend to work in progress services where there are sudden debtor risks arising, or concern for safe work practice, or the environment. The Customer agrees and acknowledges that Road Direct is not liable for any resulting loss or damage caused to the Customer and or its Goods or services as a consequence of such refusal of service.

9. SUB-CONTRACTING

9.1

The Customer hereby authorises Road Direct (if Road Direct in its discretion thinks fit to do so) to arrange with a Sub-Contractor for the carriage, storage, and handling of any Goods. Any such arrangement shall be deemed to be ratified by the Customer upon provision of a consignment note to the Customer and secondly via uplift of the said Goods to such Sub-Contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as benefiting Road Direct as if such provisions were expressly for their benefit. Additionally, and without exception the Customer agrees and undertakes that the specific terms and conditions of cartage of the Sub-contractor apply wholly and equally herein as part of these Terms and Conditions.

9.2

The Customer undertakes that that no claim or allegation shall be made against any person wheresoever by whom the carriage, handling, or storage or part thereof is performed or undertaken and if such claim or allegation is nonetheless made then the Customer agrees to indemnify and to keep Road Direct indemnified against all consequences thereof.

10. METHOD OF CARRIAGE

10.1

If the Customer expressly or impliedly instructs Road Direct to use, or it is expressly or impliedly agreed that Road Direct will use a particular method of handling or storing the Goods or a particular method of carriage, Road Direct will give priority to that method but if that method cannot conveniently be adopted by Road Direct for any reason whatsoever, the Customer hereby authorises Road Direct to handle or store or to carry, or have the Goods carried by any other method, or methods Road Direct in its discretion thinks fit.

10.2

The Customer hereby authorises any deviation from the usual route or manner of carriage and or storage and handling of Goods, which may in the absolute discretion of Road Direct be deemed reasonable or necessary in the circumstances.

10.3

Road Direct relies on the Customer to supply details of description, pallet/space, weight, items, quantity, value and measurement and condition of the Goods as supplied by the Customer however Road Direct cannot verify and does not admit their accuracy.

11. DELIVERY

11.1

Road Direct is authorised to deliver the Goods at the address given to Road Direct by the Customer for that purpose and it is expressly agreed that Road Direct shall be taken to have delivered the Goods in accordance with the Terms and Conditions between Road Direct and the Customer if at that address Road Direct obtains from any person a receipt or a signed docket or a signed Consignment note for delivery of the Goods.

11.2

If the address given to Road Direct for the purposes of delivery is unattended at the time of delivery, or if delivery cannot be effected by Road Direct (other than by reason of the negligence) then Road Direct may deposit the Goods at that address (which shall be deemed to be delivery under the Contract) or store the Goods at a place where Road Direct deems necessary or appropriate to store those Goods, and if the Goods are stored the Customer shall pay Road Direct for all costs and expenses incurred of and incidental to that Storage and redelivery.

11.3

It is agreed that the person signing the consignment note upon pickup of any Goods by Road Direct for carriage or transportation and or Storage is authorised to sign the documentation evidencing this agreement for or on behalf of the Customer.

11.4

It is agreed that the person signing the consignment note upon delivery of any Goods by Road Direct is authorised to sign the documentation evidencing proof of delivery on behalf if the Customer.

12. CUSTOMER WARRANTIES AND INDEMNITIES

The Customer warrants to Road Direct that:

12.1

It has in place whether prior to or at the time of entering into these Terms and Conditions, adequate insurance coverage over the Goods for the carriage and/or handling and Storage of the Goods, and acknowledges and agrees that Road Direct does not take responsibility for such insurance.

12.2

It has fully and adequately described the Goods, their nature, weight and measurements and complied with all applicable laws and regulations (inclusive of the Australian Code for Transport of Dangerous Goods by Road and Rail and Civil Aviation Regulations and the International Maritime Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the Goods and that, given their nature, the Goods are packed in a proper way to withstand the ordinary risks of transport.

12.3

It is either the owner or the authorised agent of the owner of the Goods and has full power and authority to deal with the Goods.

12.4

It is authorised to accept these Terms and Conditions for itself and the receiver as well as any other person for whom the Customer is acting or any other person having an interest in the Goods.

12.5

Neither it nor any other person will make an allegation or claim against Road Direct or any other person about the transport, handling, and the Storage of the Goods, AND the Customer indemnifies Road Direct from any loss, damage, expense, penalty, fine or liability arising from a breach of these warranties, the Customer’s obligations or these terms and conditions; and

12.6

The person requesting the Goods to be carried, handled and stored is authorised to do so for and on behalf of the Customer.

13. DANGEROUS ARTICLES

13.1

Before or at the time of entering into these Terms and Conditions of Service, the Customer shall provide to Road Direct in writing the precise details of the class, volume and packaging type of dangerous or hazardous Goods by way of an appropriate Material Safety Sheet and Emergency Procedure Guide so that Road Direct in its absolute discretion may accept or decline to proceed with the transaction, and should it proceed, accordingly notify all parties as required to ensure compliance in the transport storage and handling of dangerous class goods.

13.2

In the event of discovery by Road Direct of hazardous or dangerous Goods not being disclosed, Road Direct may hold the discovered dangerous Goods at a nominated depot, at the expense of the Customer, for the Customer to then arrange appropriate measures to rectify the non-compliance and allow resumption of transport services.

13.3

In the event that the Customer fails or neglects to notify Road Direct of dangerous goods presented for carriage, handling or Storage, then the Customer will be liable for all and any loss or losses attributable to that non-disclosure to Road Direct.

14. CUSTOMER OBLIGATIONS

The Customer must:

14.1

Not tender for Road Direct any explosive or volatile Goods without prior consent and by arrangement. 

14.2 

Not tender for Road Direct any Goods which are or may become dangerous, inflammable or offensive. 

14.3 

Notify Road Direct immediately of any change in its address or contact details.

15. CARRIERS (ROAD DIRECT) LIEN OVER GOODS IN TRANSPORT AND STORAGE

15.2

The Goods are accepted subject to a general lien for all Charges due, or which may become due to Road Direct. If the lien is not satisfied and/or the Goods are not collected or delivered, then Road Direct may at its discretion and without notice, after one month, either:

i) remove such Goods or part thereof and store them in such a place and manner as Road Direct shall think proper and at the risk and expense of the customer; or

ii) open any package and sell such Goods or part thereof upon such terms as it shall think fit, and apply the proceeds in part or in full to the discharge of the lien and costs of sale without being liable to any person or entity for any loss or damages thereby caused to the Customer.

15.3

In the event that the Customer requests, and Road Direct accepts to store Goods for the Customer for any period of time, and in the event of a customer failing to make payment of account for periods in excess of 28 days, then Road Direct shall be entitled at any time thereafter to sell all or any of the Goods of the Client by public auction, or private treaty, and apply the net proceeds in satisfaction of any amount owing by the Customer to Road Direct, and to hold the balance of sale proceeds, if any, on account of the Customer.

15.4

The Carrier, Road Direct, may deduct or set-off from any moneys due from the Customer all and any debts and moneys due from the Customer under these terms and conditions, or any other related contract or agreement.

16. DEBT SECURITY GUARANTEE BY THE CUSTOMER

16.1

The Customer warrants, without limitation, and being ratified in full and wholly enforceable by the commencement and undertaking of commercial trade with Road Direct (under these Terms and Conditions), and irrespective of any signed contractual documentation, that its debts to Road Direct for services are secured in full, without waiver or discount, by the private Owners and Directors of the Customer, who having engaged Road Direct services in transport at any time, accept full liability for all moneys so due, including any consequential costs for the auction or sale of the customer Goods, that may arise from default by the Customer. The Customer forgoes all rights or privilege to withhold payments due to Road Direct, and in the event of the Customers liquidation (either voluntary or forced), bankruptcy, or cessation of trade, then by whatever means necessary, the owners and Directors shall pay in full, and expedite such payment judiciously and with haste, all amounts owed to Road Direct under its secured debtor relationship under these Terms and Conditions.

16.2

If the Customer sells its business under duress, due to liquidation or other similar disruptive event, or for whatever other reason, then its debts to Road Direct remain enforceable and transfer without limitation, and in full to the new Owner(s) or entity. The selling Customer warrants that sale or transfer of the customer’s business to another party, shall include in its conditions of sale the preservation and transfer of its obligations to pay Road Direct, and no debt to Road Direct shall be extinguished or unenforceable by the Customer during or after the sale or restructuring, in part or in full, of its business.

17. SERVICE OF NOTICES

Any notice given under these Terms and Conditions may be provided to the Customer by post, email or facsimile at the last known address of the Customer as known by Road Direct.

18. SEVERABILITY

If a clause of these terms and conditions is unenforceable, the unenforceability does not affect any other part of the terms and conditions or any other term or condition.

19. VARIATIONS AND WAIVER

19.1

Road Direct is not bound by any waiver, discharge or release of a condition or any agreement which varies these terms and conditions unless it is in writing and signed for Road Direct by an authorised officer.

19.2

If Road Direct waives a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.