Powerform Holdings Pty Ltd and Thunderbolt Holdings Pty Ltd, trading as Varley Transport

Terms and Conditions of Road Freight Cartage Services

1. Definitions

In these Terms and Conditions:

All services are subject to availability and may be modified or discontinued at any time.

2. Application of Terms

These Terms apply to all freight services supplied by the Carrier, and that are not covered by a separate agreement. By engaging the Carrier, the Consignor agrees to these Terms to the exclusion of any other terms proposed by the Consignor.

3. Carrier Not a Common Carrier

The Carrier is not a common carrier and accepts no liability as such. The Carrier may refuse to carry goods for any person at its discretion and without providing a reason.

4. Consignor’s Warranties

The Consignor warrants that:

  1. It has lawful authority to transport the Goods;
  2. The Goods are properly packed and labelled;
  3. The Goods are not dangerous (unless separately disclosed as such), prohibited, or illegal under any applicable law;
  4. The Consignor has disclosed all relevant information regarding the Goods, including weight, dimensions, and handling requirements.

5. Delivery and Risk

  1. Risk in the Goods passes to the Carrier upon collection and to the Consignor or consignee upon delivery.
  2. The Carrier is not liable for delay, loss, or damage caused by any cause beyond its control.

6. Subcontracting

The Carrier may subcontract all or any part of the Services. Any subcontractor has the benefit of these Terms to the same extent as the Carrier.

7. Charges and Payment

  1. Charges are as quoted or agreed in writing and are exclusive of GST unless stated otherwise.
  2. All quotations provided are valid for 30 days from the date of issue, unless otherwise specified.
  3. Charges may vary depending on factors including but not limited to fuel costs, distance, goods being transported, and special handling requirements.
  4. Additional charges may apply for services not included in the original quotation, including but not limited to waiting time, re-delivery, storage, and special handling.
  5. The Consignor must pay all charges within 14 days of invoice date unless otherwise agreed.
  6. The Carrier may charge reasonable fees for waiting time, redelivery, or changes requested by the Consignor.

8. Bookings and Cancellations

  1. Service bookings must be made with reasonable notice as determined by the nature of the transport required.
  2. Carrier reserves the right to refuse any booking at its discretion.
  3. Cancellation fees may apply as follows:
    • Cancellations made more than 48 hours before the scheduled service: No fee
    • Cancellations made between 24-48 hours before the scheduled service: 50% of the quoted charges
    • Cancellations made less than 24 hours before the scheduled service: 100% of the quoted charges

9. Consignor Responsibilities

  1. Consignors are responsible for ensuring all goods for transport are properly prepared, packaged, and labelled according to relevant regulations, particularly for dangerous goods such as fuel.
  2. Consignors must provide accurate information regarding the nature, weight, dimensions, and special requirements of all goods to be transported.
  3. Consignors are responsible for obtaining any necessary permits, licenses, or authorisations required for the transportation of their goods.
  4. For refrigerated goods, Consignors must specify required temperature ranges and any special handling instructions.

10. Carrier Responsibilities

  1. Carrier will handle all goods with reasonable care and skill.
  2. Carrier will comply with all applicable laws and regulations relating to the transportation of goods, including those specific to dangerous goods, refrigerated goods, and waste/recycling materials.
  3. Carrier will maintain appropriate insurance coverage for our operations.
  4. Carrier will endeavour to meet all agreed delivery timeframes but cannot guarantee exact delivery times due to factors beyond our control.

11. Liability and Insurance

  1. Carrier’s liability is limited to the lesser of:
    • The cost of replacing the goods or repairing the damage to the goods
    • The actual value of the goods lost or damaged
    • The amount specified in any applicable legislation
    • Claims for loss or damage must be made in writing within 7 days of delivery or expected delivery date.
  2. Carrier is not liable for:
    • Indirect or consequential losses
    • Loss or damage resulting from inadequate packaging or labelling
    • Loss or damage resulting from inaccurate information provided by the Consignor
    • Delays caused by circumstances beyond our reasonable control
  3. Consignors are advised to arrange their own insurance for goods of high value.
  4. If the Consignor fails to obtain, maintain, or evidence the Insurance Policies required under this Agreement to the satisfaction of the Carrier, then, without limiting any other rights, the Carrier may:
    • suspend the Services with immediate effect until such insurance is reinstated or evidenced; or
    • terminate this Agreement with immediate effect by written notice to the Consignor.
    • Any costs, losses or damages incurred by the Carrier as a result of such suspension or termination shall be recoverable from the Consignor as a debt due and payable.

12. Dangerous Goods and Special Requirements

  1. Transportation of dangerous goods, including fuel, is subject to specific regulations and requirements.
  2. Consignors must declare all dangerous goods and provide appropriate documentation.
  3. Carrier reserves the right to refuse transport of goods that do not comply with relevant safety regulations or that pose unacceptable risks.
  4. For refrigerated transport, Carrier will maintain appropriate temperature controls as specified by the Consignor but is not responsible for pre-existing condition issues of the goods.

13. Indemnity

The Consignor indemnifies the Carrier against all claims, costs, and losses arising from:

  1. a breach of these Terms by the Consignor;
  2. any loss, damage, or injury caused by the Goods;
  3. the Carrier’s reliance on incorrect information provided by the Consignor.

14. Lien and Disposal Rights

  1. The Carrier has a lien over Goods for any unpaid charges.
  2. If charges remain unpaid for more than 30 days beyond due date, the Carrier may sell or dispose of the Goods and apply the proceeds to the outstanding charges.

15. PPSA

The Consignor agrees that the Carrier may register a security interest over the Goods and related documents under the PPSA. The Consignor waives the right to receive any notices under the PPSA.

16. Governing Law

These Terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.

17. Variation

The Carrier may vary these Terms by written notice. Continued use of the Services after notice of variation constitutes acceptance of the revised Terms.

18. No Set-Off

The Consignor is not entitled to withhold payment or set off any amount due to the Carrier against any claim or alleged liability, whether arising under this agreement or otherwise. All payments must be made in full without any deduction, withholding, or set-off for any reason.

19. Suspension of Services

The Carrier may suspend the provision of Services at its sole discretion if:

  1. the Consignor fails to make any payment when due;
  2. the Consignor breaches any term of this agreement;
  3. the Carrier reasonably believes the Goods present a safety risk, are illegal, or may cause loss or damage;
  4. circumstances beyond the Carrier’s control prevent safe or effective performance of the Services; 
  5. the Consignor experiences an Insolvency Event; or
  6. an Event of Force Majeure arises affecting the Carrier.
    Suspension of Services does not relieve the Consignor of its obligation to pay any amounts due.

20. Termination for Convenience

Either party may terminate this agreement at any time by giving 14 days’ written notice to the other party.
Termination under this clause does not affect any accrued rights or liabilities and the Consignor must pay the Carrier for all Services rendered up to the date of termination.

21. Interest on Late Payment

If the Consignor fails to pay any amount due under these Terms by the due date, the Carrier may charge interest on the overdue amount at a rate equal to 5% per annum above the Bank Bill Swap Bid Rate (30 day BBSY) published by the Australian Financial Markets Association, calculated daily and compounding monthly, from the due date until the date of full payment.

22. Recovery of Costs

The Consignor agrees to indemnify the Carrier for all reasonable costs and expenses (including legal costs on a full indemnity basis) incurred by the Carrier in recovering any overdue amounts or in enforcing its rights under these Terms.

23. Privacy Policy

  1. Carrier collects and processes personal information in accordance with our Privacy Policy and applicable Australian privacy laws.
  2. Consignor information is used solely for the purpose of providing our services and will not be shared with third parties except as required by law or as necessary to fulfill our service obligations.

24. Intellectual Property

  1. All content on the Carrier website, including but not limited to text, graphics, logos, and images, is the property of the Carrier and is protected by Australian and international copyright laws.
  2. Reproduction, distribution, or use of any content from our website without prior written permission is prohibited.

25. Force Majeure

Carrier shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events, industrial disputes, acts of terrorism, government actions, or major road incidents.