Terms & Conditions

Navarone Transport Pty Ltd ABN: 67 537 712 783

Email: info@navaronetransport.com.au

Website: www.navaronetransport.com.au

Phone: 1300 664 996

If you proceed with a Navarone Transport quotation you acknowledge and agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• “Carrier” means Navarone Transport Pty Ltd and its employees, servants, and agents.

• “Sub-Contractor” includes:

  1. Any company that is at any time a subsidiary or related entity of the Carrier.

  2. A railway, shipping, or freight operator.

  3. Any person, firm, or company with whom the Carrier arranges carriage of goods.

  4. Any employee, agent, or sub-contractor of the above entities.

• “Carriage” means carrying, lifting, handling, transporting, or storing goods as contemplated by the quotation or contract.

• “Goods” means all items, materials, machinery, equipment, and merchandise of any description, including crates, cases, and packaging.

• “Owner” means the person, business, or entity described in the quotation or consignment note as the customer or consignor, and includes their agents, consignees, and representatives.

• “Services” means, but is not limited to, the services detailed in the ‘Scope of Works’ section of the Quotation.

• “Quotation” means the Carrier’s offer to perform the Services.

• “Contract” means the agreement arising from the acceptance of the Quotation or the issue of a consignment note.

2. General Conditions

1. The Carrier is not a common carrier and accepts goods only under these Terms and Conditions.

2. The Carrier may refuse carriage for any person or class of goods at its absolute discretion.

3. All goods are carried entirely at the Owner’s risk.

3. Liability

1. The Carrier shall not be liable in contract, tort, or otherwise for any loss, damage, deterioration, delay, or non-delivery of goods, however caused (including negligence).

2. The Owner acknowledges that all goods are transported solely at the Owner’s risk.

4. Sub-Contracting

The Carrier may engage Sub-Contractors to perform all or part of the carriage. Each Sub-Contractor shall be entitled to the benefit of these Terms and Conditions as if they were the Carrier.

5. Method and Route of Carriage

If a specific method of transport is requested, the Carrier will give it priority but may adopt another method at its discretion. Any reasonable deviation from the usual route is deemed authorised by the Owner.

6. Delivery

Delivery is complete when the goods are received at the address shown on the Quotation or consignment note. A signed receipt at that address is conclusive evidence of delivery.

7. Dangerous Goods

1. The Owner must disclose if the goods are hazardous, volatile, flammable, or otherwise dangerous.

2. Such goods will only be carried by special written agreement.

3. The Owner indemnifies the Carrier for all loss, damage, injury, or expense arising from failure to comply with this clause.

8. Insurance

The Carrier does not insure goods unless specifically instructed in writing by the Owner and paid for prior to loading.

9. Payment Terms

1. Charges are payable upon loading and dispatch unless otherwise agreed.

2. Payment terms are strictly 30 days from invoice date.

3. Overdue amounts accrue interest at the Carrier’s bank overdraft rate plus 4%.

4. The Carrier may recover all collection and legal costs on a full indemnity basis.

5. In the event of non-payment, the Carrier may retain and sell goods in its possession to recover amounts owed.

10. Damage or Loss Claims

No claim for damage, loss, or deterioration will be accepted unless made in writing within 72 hours of delivery.

11. Owner Responsibilities

The Owner acknowledges and agrees that:

• Waiting time is not included in the quoted charges; additional costs will apply.

• Loading/unloading delays beyond one hour are chargeable.

• Sites must allow clear access for trucks and equipment; any site preparation costs are the Owner’s responsibility.

• The Owner must provide accurate weights and dimensions. Any discrepancies may result in extra charges or liability.

• If a vehicle is delayed, bogged, or damaged due to Owner’s instructions or site conditions, all recovery and repair costs are payable by the Owner.

• The Owner must comply with all relevant laws, permits, and regulations relating to transport, including packaging, permits, and weight compliance.

12. Permits and Approvals

The quotation and contract are subject to all necessary transport and oversize load permits being obtained. The Owner must provide any required information to support permit applications.

13. Warranties and Indemnity

The Owner warrants that they are the lawful owner or authorised agent of the goods and indemnifies the Carrier against all claims, damages, and expenses arising from the carriage.

14. Governing Law and Jurisdiction

1. These Terms and Conditions are governed by the laws of New South Wales (NSW).

2. The Owner submits to the exclusive jurisdiction of the courts of New South Wales.

3. The Carrier is entitled to recover all reasonable legal and enforcement costs in any proceeding to enforce these Terms.

15. Goods and Services Tax (GST)

All charges are exclusive of GST. GST will be added to invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

16. Waiver

Any failure by the Carrier to enforce strict performance of these Terms does not constitute a waiver of its rights.

17. Guarantee and Indemnity

Where the Carrier extends credit to a customer (the “Hirer”), any person signing as Guarantor:

1. Guarantees payment of all amounts owing by the Hirer to the Carrier.

2. Indemnifies the Carrier against any costs, losses, or damages arising from non-payment.

3. Agrees that this Guarantee is continuing and irrevocable until all obligations are fulfilled.

4. Acknowledges the Carrier may obtain and disclose credit information for assessment purposes.

5. Confirms having been advised to seek independent legal advice before execution.