Truck Moves Australia Pty Limited
These Conditions apply to all Services and Special Projects provided by Truck Moves Australia Pty Ltd, unless otherwise clearly agreed in writing signed by us and you.
Please read these Conditions carefully.
Any instructions received by Truck Moves Australia Pty Ltd from you, our customer, for the supply of Services and/or a Special Project shall constitute acknowledgement by you that you have received, and understand and agree to these Conditions and will be bound by them.
Service Conditions
In these standard service conditions ‘we’, ‘us’ and similar expressions, refer to Truck Moves Australia Pty Ltd ABN 74 103 399 891; and ‘you’, ‘your’ and similar expressions, refer to you, our customer being the entity stated in the Quotation and the Order or your nominee(s).
‘Australian Consumer Law’ means the Australian Consumer Law under the CCA.
‘CCA’ means the Competition and Consumer Act 2009.
‘Consumables’ means those items stated in the Quotation additional to the Price and include fuel and oil, fuel and oil filters, transmission fluids, tyres, mechanical repairs and body repairs (in the event of an accident) incurred while performing the Services.
‘Force Majeure Event’ means any event of whatsoever nature outside your or our reasonable control, including but not limited to, flood, fire, theft, storm, tempest, power failure, machinery breakdown, act of God, war, act of terrorism, strike, lock-out and shortage of labour.
‘Order’ means the order placed by you with us for the Services.
‘Price’ means the amount stated in the Quotation which includes taxes, fees, duties or charges but excludes Consumables.
‘Quotation’ means the document provided by us to you which provides an estimate of the cost of the Services.
‘Services’ is defined in clause 3.1.
1. Quotations and orders
1.1 A Quotation is an invitation to you to place an Order with us for the Services. We issue Quotations based on information supplied by you to us. If the information you supply is incorrect, you might order goods and services which are not suitable for your purpose.
1.2 If you place an Order based on a Quotation and we accept the Order, then your Order is subject to these service conditions.
1.3 We are not obliged to accept your Order. The Order becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. Usually we acknowledge acceptance or rejection of the Order.
2. Our conditions prevail
2.1 These service conditions apply and prevail even if they are inconsistent with anything said or implied in any earlier or later document provided to you including the Quotation.
2.2 You agree that you have not relied upon any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these conditions.
3. Services
3.1 We collect, drive and deliver motor vehicles belonging to you. We will provide these services to you if we accept your Order.
3.2 We are not qualified motor mechanics or technicians and do not carry out any mechanical check of the motor vehicles we are engaged to collect, drive and deliver as part of the Services.
4. Price and Additional Fees
4.1 If we agree to provide the Services to you, in addition to the Price you must pay for all Consumables used in the provision of the Services. You must also pay any fees and charges incurred by us in performing the Services such as, but not limited to, tolls, fuel surcharges, credit card charges, and any other charges of whatsoever nature incurred by us in respect of the performance of the Services.
4.2 Unless otherwise expressly stated in the quotation, all prices are in Australian dollars.
5. Payment
5.1 Unless we agree in writing to give you credit, you must pay the Price before we collect the relevant motor vehicle(s) to provide the Services.
5.2 All payments must be by cash, credit card, bank cheque or EFTPOS.
5.3 You authorise us to complete any documents necessary to enable you to make any payments through any credit card system.
6. Credit
6.1 We may decide to give you credit, but we are not obliged to do so even if we have previously given you credit. Credit may be given subject to additional terms and conditions to be agreed at the time an application is made by you.
6.2 Unless otherwise agreed, if we agree to give you credit, you must pay our invoices within 7 days from the date of the invoice.
6.3 We may decline to give you further credit or vary agreed credit terms at any time.
7. Overdue payments
7.1 If any amount you owe us is not paid by the due date then:
(a) all money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions;
(b) we may suspend supply or cancel any outstanding Orders ;
(c) we may claim a lien over any vehicles or items in our possession until we are paid in full;
(d) we may charge you interest on any outstanding amount from the due date until payment, calculated daily, at the rate prescribed from time to time pursuant to Rule 36.7 Uniform Civil Procedure Rules 2005 (NSW);
(e) if we charge interest under this clause, we will credit any part payment first against the interest and second against the amount outstanding;
(f) you agree you are liable for all our costs, losses and expenses relating to recovering overdue payments from you, including mercantile agents’ and lawyers’ fees and expenses on a full indemnity basis.
8. Cancellation Fees
8.1 If you cancel an Order before the date we are due to collect the vehicle, we may charge you a cancellation fee for the Services as follows: