Standard Terms and Conditions
This contract is between You (“you”) or (“your”) and Emu Car Carriers Pty Ltd (“Emu Car Carriers”), (“us”), (“we”), or (“our”) means Emu Car Carriers Pty Ltd. ACN 648 029 038 and any Related Entity as defined in the Corporations Act 2001 (Cth). This contract states the terms on which We will supply Services by Us to You and is not negotiable. In this contract You are Our customer, i.e., The person engaging Our Services. Usually (but not always) You are the person specified as the sender on the Quotation Form or Services Agreement. Where a booking for Our Services is made using Our website / online booking portal, You acknowledge acceptance of and are bound by these Terms and Conditions.
In these Emu Car Carriers Pty Ltd Terms and Conditions (the ‘Conditions’), the below terms will have the following meaning:
“Abandoned Goods” means vehicles which have not been accepted for delivery and remain in Our possession for thirty (30) days after the date of arrival at the delivery destination, or in the case of Vehicle Storage Services, thirty (30) days after the end of the storage term.
“Chain of Responsibility Laws” means the National Heavy Vehicle Law and regulations or any laws of Australia that relate to road transport, including but not limited to a law or regulation relating to transport of Dangerous Goods, fatigue management, speeding, speed limiting, maintenance, load restraint, mass, or dimension
“Charges” means Our quoted Charges for the Services calculated under Our rates schedule or other agreed rates, taxes, duties, and government Charges levied on the Services and any other amounts under clauses 3.2, 3.4, 8, 9, and 11.7
“Dangerous Goods” has the meaning as set out in clause 3.2.
“Force Majeure Event” has the meaning as set out in clause 13.
“Goods” means any items packed or placed within Your vehicle
“Goods in Car Policy” means Our policy of this name, which is available upon request or from Our website:https://emucarcarriers.com.au
“Hidden Defect” means a defect or fault in a Vehicle that is not visible at the time of inspection for the purposes of issuing Our Vehicle Condition Report, and which is the cause of or contributes to any damage, deterioration, or wastage to a vehicle.
“Modifications” has the meaning as set out in clause 8.6.1.
“Rates” means the price for the Services as stipulated by Emu Car Carriers.
“Related Entity” has the same meaning as under the Corporations Act 2001 (Cth).
“Representative” means any director, officer, employee, agent, contractor, subcontractor, advisor, or Related Entity of a party.
“Services” means the agreed operations and all Services supplied to You by Emu Car Carriers in respect of vehicle transport, distribution, and storage, in any capacity including any ancillary Services, but not limited Emu Car Carriers Standard Service, and Emu Car Carriers Priority Service and may include, if agreed by Emu Car Carriers, Services provided as forwarding agent, shipping agent, forwarder, storer, carrier or bailee
“Services Agreement” means the Agreement (inclusive of any booking confirmation, pricing schedule, schedule of particulars), between Us and You in relation to the provision of Services.
“Service Period” means the period commencing when You sign or are otherwise deemed to have accepted the Vehicle Condition Report and ending in delivery or handover of the Vehicle.
“Terms and Conditions” means these terms and Conditions
“Us”, “We”, “Our” means Emu Car Carriers Pty Ltd. ACN 648 029 038 and its related bodies corporate as defined in the Corporations Act 2001 (Cth).
“Vehicles” means any vehicles accepted by Emu Car Carriers from You or on Your behalf, including car(s), light commercial(s), heavy commercial(s), trailer(s), motor bike(s), boat(s), caravan(s), machinery, or any equipment or item(s).
The standard dimensions of cars/sedans and light commercials/SUV’s are as follows:
- Car / Sedan
- Length =/< 5.2 mtrs. or under;
- Width =/< 2.1 mtrs. or under;
- Height =/< 1.5 mtrs or under.
- Light Commercial / 4WD / SUV
- Length =/< 5.2 mtrs or under;
- Width =/< 2.1 mtrs or under;
- Height =/< 2.0 mtrs or under.
- Minimum Ground Clearance: Minimum Ground Clearance for all vehicles on Our car transporters is 150mm.
- Car / Sedan
“Vehicle Condition Report” has the meaning as set out in clause 2.4.
“You”, “Your” means You, Our customer. i.e. the person engaging Our services.
What You Need To Know About Us And Our Services
We rely on the details and information supplied by You and We do not admit the accuracy or completeness of those details or information and will not be liable if the Vehicle or Goods are not correctly described.
Our provision of the Services, commence when We, or Our agent, pick up or accept the Vehicle, and You sign or are deemed to have accepted the Vehicle Condition Report.
You acknowledge and agree that Our employees, agents and subcontractors can rely on the provisions of the Services Agreement (including any exclusions of limitations of liability We have) to the same extent as Us and We hold such benefit on trust for Our employees, agents and subcontractors.
When We collect or accept the Vehicle from You, We will examine the Vehicle and may take photographs to prepare a vehicle condition report (“Vehicle Condition Report”).
You acknowledge the condition of the Vehicle by undertaking a joint survey with Our Representative at point of uplift/drop off or delivery/collection noting any damage on the Vehicle Condition Report and accept the Vehicle Condition Report by:
- Signing the Vehicle Condition Report; or
- If You do not sign the Vehicle Condition Report, then it is deemed accurate in all material aspects
Dangerous Goods cannot be accepted for transportation.
Goods are dangerous if they are classified by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or if they might injure or damage people, property, or the environment. They include goods that are or may become poisonous, corrosive, volatile, explosive, flammable, or radioactive but excludes goods that are inherently part of the vehicle, for example, Petrol in
You must not tender for Services of, and You warrant that the Vehicle does not contain any Dangerous Goods.
Whether or not You have told Us that any Goods are dangerous, You agree that if We, or any Representative of Ours considers, on reasonable grounds, that the Goods may cause injury or damage, We, or any of them can, at Your cost do anything appropriate, including disposing of or destroying them. We will not be liable to You for any loss or damage You may incur by reason of Our actions under this clause. You will always bear all risk of loss or damage arising in connection with a breach of this clause by You
You will be liable for any loss or damage caused to Our property or other parties’ property as a result of, or in connection with, Your breach of this clause.
Some Of Your Promises
Your promises are important because if they are incorrect, We may, for example, be fined for unlawfully transporting the Vehicle
You promise Us and Our Representatives that:
- You have fully and accurately described the Vehicle (and its value where required) including appropriate handling instructions.
- All information You have provided to Us is accurate and true and that You will provide Us with any further information We reasonably require for the purpose of providing the Services to You.
- The Vehicle:
- Can be safely handled and transported;
- Can be moved under its own power;
- Has working brakes, windows are intact and there are no loose panels; and
- Has a minimum ground clearance of 150mm (unless otherwise agreed by Us in writing);
- You have removed all personal effects from the Vehicle, with the exception of a child restraint seat (but not a booster seat) which is properly secured, fastened or affixed to the interior of the Vehicle in accordance with such legal requirement of any State or Territory law;
- With the exception of any Goods
permitted under Our Goods in Vehicle
policy, any other Goods (including
without limitation accessories (other
than permanently factory fitted
accessories), aerials and any personal
effects in the Vehicle have been
removed from the Vehicle,
notwithstanding any other term of the
Contract, You bear all risk of loss or
damage to personal effects left in the
vehicle and/or damage caused to the
Vehicle by having personal effects in the
- Noting all Goods are carried at Your risk at all times and We exclude all liability for any loss or damage caused to them including any loss or damage arising from Our negligence.
- You alone own the Vehicle, or if there are other owners, You act as their agent and they agree to handling transport and storage of the Vehicle on the terms of this Contract;
- You will indemnify Us from the time We receive any written notice of claim in connection with this Contract or the handling, transport or storage of the Vehicle from any person other than You (including the sender where You are not also the sender);
- You, or a person with authority to act on Your behalf has completed the Services Agreement and any declaration regarding Dangerous Goods accurately and You have provided Us with accurate information;
- The Vehicle is presented in a safe condition to withstand handling, transport and storage;
- You have complied with all laws in connection of the Vehicle to ensure that it can be lawfully handled, transported and stored;
- You have not asked Us to handle, transport or store the vehicle in any way that could be unlawful;
- You will not sue any person referred to in clause 6.2.1 for anything arising in connection with this Contract or the handling, transport or storage of the vehicle; and
- To the maximum extent permitted by law
and except to the extent caused or contributed
by Our negligent act or omission, You are
liable and indemnify Us and hold Us, and
Our Representatives harmless from and
against all claims (including any legal costs
on a full indemn
- A breach by You or Your Associates of any term of the Services Agreement;
- Damage to any real or personal property and any injury to or death of any person, caused by a negligent act or omission of You or Your Associates arising out of or in connection with Our provisions of the Services under the Services Agreement, including any damages for indirect loss, delay, loss of profit or business opportunity, relating to any amount payable under the Services Agreement or arising out of or in any way connected with any actual or alleged breach of any promise, obligation or warranty under the Services Agreement or any breach of Law.
- You will indemnify Us against any claims
in respect of death or injury to any person,
loss or damage to any property, and any fines
incurred by Us:
- As a result of Your breach of this Contract; or
- As a result of, in connection with, or arising out of personal effects left in the vehicle.
Not a Common Carrier
We are not a common carrier and do not accept any liability as a common carrier. We may refuse to handle, transport or store vehicles for You for whatever reason.
- We and any subcontractor may subcontract part or all of Our obligations on any terms
- You agree that:
- Our employees, and Representatives have the benefit of this entire Contract (in particular clause/s 3.4, 4 and 11) as if they were parties to it; and
- We hold that benefit on trust for them and can, if requested by them, enforce it on their behalf.
If You are a Consumer
- If You are a consumer as defined in the Australian Consumer Law, this Contract does not affect any non-excludable rights You may have, as a result of the Australian Consumer Law. If Your contract with Us is a ‘consumer contract’ as defined by the Australian Consumer Law, there will be certain consumer guarantees deemed to apply to this agreement which cannot be excluded.
- In accordance with Our rights under that
legislation, however, any such guarantees are
- in the case of the supply of goods or the
supply of equivalent goods;
- the repair of the goods (subject to limitations on Our liability set out in clause 11.6); or
- the payment of the cost of replacing the goods or of acquiring equivalent goods (subject to limitations on Our liability set out in clause 11.6); or
- the payment of the cost of having the goods repaired(subject to limitations on Our liability set out in clause 11.6).
- In the case of Services;
- the supplying of the Services again; or
- the payment of the cost of having the Services supplied again.
- in the case of the supply of goods or the supply of equivalent goods;
- You must pay Our Charges for the Services, in accordance with the Services Agreement plus any other amount owing under this Contract or otherwise as agreed between the parties in writing.
- Our charges are payable as soon as We collect the Vehicle from You, or from the address nominated by You.
- The Charges are confidential, and You agree not to disclose them to any third party.
- You must pay the Charges relating to the transport of the Vehicle unless the sender (where You are not also the sender) or the receiver pays them. If another person is nominated in the Services Agreement as paying the charges, You undertake and warrant that person will pay.
- You are obliged to pay within agreed payment
- Pre-Paid Customers (payment at time of booking); or
- Approved account customers – within fourteen (14) days from date of invoice.
- n addition to the rates, We may, in Our absolute
discretion, charge You for:
- any additional expense We incur as a result of any incorrect declaration (or undeclared) by You (or someone on Your behalf) of the size, quantity, description, or modifications to the standard of the Vehicles, (including but not limited to roof racks, bull bars, lowered suspensions, special fittings whether or not included on the Vehicle at the time of purchase by You) (“Modifications”).
- because the Vehicle is an oversized Vehicle;
- because the Vehicle has not been accurately described at the time of the booking;
- because the Vehicle contained any Goods that were not approved by Us and included in the quoted Charges.
- If You are unable to either;
- pick up the Vehicle from Our depot within two (2) business days of the Vehicle arriving for collection; or
- take delivery of the vehicle within two (2) business days of the agreed delivery date (Storage Charges).
- any unsuccessful pick up or delivery Charge in metropolitan (capital city) areas (Futile Charge);
- any unsuccessful pick up or delivery Charge in rural or country regional areas (Futile Charge);
- Our costs to cover the full value of the original booking charge plus any additional costs if You fail to notify Us of any alteration to the Vehicle collection address or delivery address at least three (3) business days prior to the Vehicle being in transit;
- Any cleaning charges or costs incurred by Us if required for the purposes of any quarantine inspection;
- A cancellation charge in accordance with clause 8.10 above;
- If any charges are not paid on the due date for payment, interest at the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before the debt became due and owing will be payable
- Any time We spend waiting at the pickup or delivery locations, in the event that the delay is the fault of Yours (Waiting Charges).
- An additional handling charge for any Vehicle that cannot be self-propelled for loading/unloading (NonGoer Charge).
- Cancellation or refund is only possible if You notify Us at least 24 hours prior to the Vehicle being in transit and will attract a $110.00 (GST inclusive) charge (Cancellation Charge)
- We are entitled to retain and be paid all allowances and remuneration paid including those customarily paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees
- You may pay by an approved credit
card stipulated in Your Quotation or Services
- All transactions will be in Australian currency (AUD);
- We will collect and transmit Your credit card information in a secure manner consistent with the Australian Privacy Principles.
- In this Clause 8:
- “GST” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated legislation (the “Act”); and
- “Supply” means a taxable supply under the Act.
- Where the Supply occurs under this Contract then
- We will be entitled to increase the consideration for the Supply identified in the Contract (‘net consideration’) by the amount of any applicable GST calculated in accordance with the Act;
- You shall correspondingly pay the increased consideration:
- We must in the circumstances in clause 8.20 above, issue to You at the time of claiming payment, a valid tax invoice (in accordance with Section 2970 of the Act) for the purpose of obtaining an input tax credit for any GST so paid.
- All pricing expressed in this agreement is exclusive of GST unless otherwise stipulated.
- In the event that taxes applicable to this Contract are increased or decreased, the Rates and any Charges will be adjusted accordingly.
- Unless otherwise expressly stated, all prices are exclusive of a fuel levy. If a fuel levy is applicable and payable under the Services Agreement, You must pay the relevant fuel levy applied to the charge (Fuel Levy).
What We Can Do
- We may at Your risk and expense refuse to provide some or all the Services or provide them in a manner other than previously agreed if We are required to do so by law or consider it necessary in the interest of safety. If this is the case, We will promptly notify You and We will specify a reasonable period of time by which the Vehicle must be collected by You.
- You give Us authority to
- Use any method for handling, transporting, or storing the Vehicle. We will give priority to any instructions given by You, but if such instructions cannot be followed, We will use another method.
- Deviate from any usual route or mode of transport or place of storage to provide the Services;
- Claim a general or particular lien over the Vehicle, and any documents relating to it, for outstanding payments relating to that Vehicle which is to be handled, transported or stored on Your behalf;
- Sell any vehicle held by Us for outstanding payments by public auction or private sale without any notice to You;
- Deduct or set off from any payment due to You any outstanding amount or payment that You have owing to Us;
- Conduct a physical search or inspection of the Vehicle or any Goods, or personal effects and remove or reposition any Goods and refuse to accept Your Vehicle if We consider that the Vehicle or any Goods or personal effects do not comply with the Services Agreement or Our Goods in Car Policy or are otherwise dangerous. You must comply with all search requirements that may be required by Our staff upon dropping off Your Vehicle;
- At the time of Your Vehicle being picked up from You or dropped off to Our depot or agency by You, We will conduct a survey on Our electronic vehicle survey device (EVSD) or a paper based survey in the case the EVSD is not working or out of mobile coverage area. You agree that any damage marked up on the EVSD (or paper based survey) is a guide only and may not be an accurate record of the exact position of the damage on the Vehicle and, in particular stone chips may not be recorded at the time of pick up
- If You fail to collect the Vehicle from Us within two (2) days of the agreed collection date or within two (2) days after We notify You the Vehicle is available for collection, whichever is the later, We are entitled to charge for the storage of the Vehicle and We may remove the Vehicle to a storage facility, return the Vehicle to You or Your associate or treat the Vehicle and any Goods as Abandoned Goods at Your risk and expense.
- We will attempt to deliver to the address nominated by You. Delivery is deemed to be effected when We receive a signed receipt of delivery docket, unless due to the effects of COVID-19, You are unable to sign a receipt or delivery docket, in which case, delivery is deemed to have been effected when We deliver the Vehicle to You or someone with authority to accept the Vehicle on Your behalf.
- If that address is unattended, delivery will be deemed to have occurred and We may then at Our discretion elect to redeliver at another time or else We may require You to collect the Vehicle from an address notified by Us.
- If the address of delivery is unattended and We elect to re-deliver the Vehicle to You, We will charge you for the costs of the re-delivery including any storage costs We may incur in accordance with clauses 8.8 and 8.9.
- Any alteration of the Vehicle collection address or delivery address requires three (3) business days’ notice prior to the agreed pick-up date. Failure to notify Us of any alterations on time will attract additional charges in accordance with clause 8.10 unless otherwise agreed between You and Us
- Delivery dates are an estimate only and are calculated in business days (which do not include weekends or public holidays).
- For the avoidance of doubt, the primary responsibility for delivery rests with Us, and not any third-party credit provider or other third party.
- Subject to limitation and exclusions set out in clause 11, Emu Car Carriers warrants that it shall deliver the Vehicle to the location identified in the Quotation or Services Agreement or any other location agreed between Us and You, in the same condition that the Vehicle was delivered to Emu Car Carriers. However, You agree that if Emu Car Carriers is required to retain possession of the Vehicle because You have been unable to accept physical delivery, Emu Car Carriers will not be liable for the condition of the Vehicle if that Vehicle has not been collected from Emu Car Carriers within thirty (30) days of delivery.
- Except where liability has been excluded or limited by this Contract or by statute, We will be liable to You for loss or damage to Your Vehicle which occurs or arises while Your Vehicle is in the care, custody or control of Emu Car Carriers
Our Liability for loss or damage to Your Vehicle
- Subject to this clause 11, Vehicles and any
Goods are at Your risk at all times and We
exclude all liability for any loss or damage
arising from the performance or nonperformance of the Services other than any
physical loss or damage to the Vehicle caused by
Our negligent act or omission, in which case Our
liability will be limited to (at Our election);
- The repair of the Vehicle or the payment of the cost of having the Vehicle repaired, in which case We are liable to pay only up to the limits determined in accordance with this clause 11; or
- In the case of Services, the re-supply of the Services or the cost of having the Services resupplied.
- Before We assume or accept any liability under clause 11, We may appoint an independent loss adjuster to determine the quantum of any loss or liability and You agree to accept any such determination or finding
- All vehicles transported by Us receive coverage for loss and damage to Your Vehicle as set out below.
- If You have elected additional coverage for loss and damage to Your Vehicle as referred to in clause 11.6, You must request this additional coverage at the time of booking and obtain approval for this additional coverage before You give Us custody of the Vehicle. You are required to declare the approved value of the Vehicle in the Quotation or Services Agreement.
- Coverage is only for physical loss or damage to the Vehicle while the Vehicle is in the care, control, or custody of Emu Car Carriers (subject to exclusions and limitations set out in this Contract) and does not include coverage for loss or damage to personal effects left in the vehicle, which is entirely at Your risk.
- Unless You selected a higher level of
liability in the Quotation or Services Agreement, in
all cases where liability has not been excluded or
limited by this Contract or by statute, Our liability
to You will be limited as follows:
- If the Vehicle is stolen and not recovered within
a reasonable time or totally written-off, We will
be liable for the lesser of;
- The Vehicle’s value which You declared in the Quotation or Services Agreement; or
- The Vehicle’s market value at the time of Your claim; or
- If the Vehicle has been stolen or deemed to be totally written-off and payment is made to You by Emu Car Carriers, You agree that Emu Car Carriers shall have full salvage rights to that Vehicle, or if that Vehicle is later found Emu Car Carriers shall have full ownership rights over that Vehicle.
- If the Vehicle is damaged, We will be liable for
the lesser of:
- The cost of the repairs of the Vehicle; or
- If the Vehicle is stolen and not recovered within a reasonable time or totally written-off, We will be liable for the lesser of;
- If You are not an individual whose acquisition of the Services is wholly or predominantly for personal, domestic or household use or consumption, You must at all times during the period when Emu Car Carriers is required to provide the Services have in place third party property insurance and public risk liability insurance to a minimum value of $20,000,000 and such other insurances as are required by law.
- . Emu Car Carriers liability in respect of any
Vehicle excludes the following:
- Any loss or damage that occurs or can be referred to a period outside the Service Period
- Damage to the Vehicle that is not noted and signed for electronically or on Your delivery documentation at the time of delivery (in accordance with industry standard, damage will be assessed, and must be visible from a 1m distance);
- Pre-existing damage, Hidden Defects, hail damage, insect damage, bird or bat droppings, stone chips, industrial fallout, rail dust, environmental damage, rust spots, airborne objects, loss or damage to personal effects left in the Vehicle and/or damage caused to the Vehicle by having personal effects in the Vehicle, loss or damage to the Vehicle other than whilst in the care, custody, and control of Emu Car Carriers, non-standard vehicles including older than 30 years, non-driveable and/or vehicles that have less than 150cm ground clearance, mechanical or electrical derangement, damage to or loss to any Modification that has not been correctly installed, or loss or damage arising from or in connection with a Force Majeure Event (as defined in Clause 13.3 below); or
- Any indirect, special, or consequential losses including but not limited to loss of profits, loss of business and pecuniary loss however so caused or arising, including the request or requirement for a hire vehicle, or other economic loss, even if We know they are possible or otherwise foreseeable.
- For the avoidance of doubt, We will not be liable for any loss or damage to any Goods arising for any reason including Our negligent act or omission and We will not be liable for any loss or damage to the Vehicle arising as a result of Goods being transported with the Vehicle.
- Unless and to the extent Our warranty in clause 10 applies and subject to this clause 11, We, and the persons referred to in clause 6.2.1 are not liable to You or any other person for any loss or damage arising from the supply or Our failure to supply Services, and whether in contract, tort, including negligence, breach of duty as bailee, breach of statutory duty, or Our wilful act or default
- Your right to compensation for any claim for loss
or damage will be extinguished and We shall be
discharged of all liability unless:
- Notice of any claim is received by Us in writing within 14 days after the date specified in clause 11.12, or within a reasonable time after that date if You prove that it was impossible to so notify; and
- Suit is brought in the proper forum and written notice thereof received by Us within six (6) months after the date specified in clause 11.12.
- . For the purposes of clause 11.11, the applicable
- In the case of loss or damage, the date of delivery of the Vehicle(s);
- In the case of delay or non-delivery, the date that the Vehicle(s) should have been delivered and
- In any other case, the event giving rise to the claim.
- To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities, and other terms implied by statute, custom, or the common law are excluded from the Services Agreement. Where any legislation implies in the Services Agreement any condition or warranty and that legislation prohibits provisions in a contract excluding or modifying the application of the condition or warranty, such condition or warranty shall be deemed to be included in the Services Agreement. However, Our liability for any breach of such condition or warranty shall if permitted by that legislation be limited in the manner set out on clause 11.1.
- Subject to this clause 11, Vehicles and any Goods are at Your risk at all times and We exclude all liability for any loss or damage arising from the performance or nonperformance of the Services other than any physical loss or damage to the Vehicle caused by Our negligent act or omission, in which case Our liability will be limited to (at Our election);
Claims for loss or damage to Your Vehicle
- If You believe We are liable to You for damage
caused to a Vehicle in the course of delivery, You
- Note or ensure Our Representative notes the damage electronically or on Your delivery documentation at the time of delivery; and
- Notify Us immediately; and
- Not repair Your vehicle unless otherwise authorised by Us; and
- Send Your written claim request to Us within the timeframes set out in clause 12.2. If We do not receive a written claim request to Us within that time, We will have no liability to You
- You must submit Your claim for loss or damage to
the Vehicle to Us in writing, in the case of:
- Visible damage to the Vehicle which was not identified at the time We accepted Your Vehicle for delivery, prior to taking delivery of the Vehicle;
- Visible damage to the Vehicle which was notified in accordance with clause 12.1.1, no later than fourteen (14) days after taking delivery of the Vehicle;
- Non-delivery of the Vehicle, no later than thirty (30) days from the date the Vehicle is placed with Emu Car Carriers; and
- Any other claim, no later than fourteen (14) days after delivery of the Vehicle or the date by which the Vehicle should have been delivered, and failing receipt of such notice We shall be forever discharged from any, and all liability to any person (including You) in respect of the Vehicle and/or Services.
- In the event that You make a claim for
damage to Your Vehicle in accordance with
this clause 12, We will conduct an
investigation and at Our discretion We will
- Undertake required repairs ourselves through Our repairers, with all costs borne by Us; or
- Request You provide two (2) independent repair quotes.
- Note: Emu Car Carriers reserves all rights for repair authorisation.
- Notwithstanding Your claim request, You remain liable to pay Our Charges under this Contract.
- We will have no liability to You, even if You give Us a written notice within the time set out in clause 12.2, if You do not commence legal proceedings against Us within six (6) months after the date of Delivery.
- You as the owner of the Vehicle, or as the agent of any other owner(s) of the Vehicle, authorise Us to settle any claim for loss or damage to the Vehicle with the person who has or had sustained the loss or damage to the Vehicle.
- You absolutely and unconditionally release and discharge Us from any and all claims, demands, or causes of action of any kind, nature or description, however arising, which You have had, now have, or may have in the future, that relate to the settlement of any claim for loss or damage to the Vehicle with the person who has or had sustained the loss or damage to the Vehicle.
- If You believe We are liable to You for damage caused to a Vehicle in the course of delivery, You must:
Force Majeure event
- If a party is wholly or partially precluded from complying with its obligations under this Contract by a Force Majeure Event effecting that party, then that party’s obligation to perform in accordance with this Contract (except where there is an obligation to pay for Services that have been rendered) will be suspended for the duration of the delay arising out of the Force majeure Event.
- As soon as possible after a Force Majeure Event arises, the party affected by it must, if it has not already done so, notify the other party of the Force Majeure Event and the extent to which the notifying party is unable to perform its obligations under this Contract.
- For the purposes of this Contract a “Force Majeure Event” means anything outside that party’s reasonable control causing delays or inability wholly or in part to perform any obligations under this Contract, including without limitation, fire, flood, drought, hail, storm, lightning, earthquake, wildlife impact, act of God, peril of sea or air, explosion, sabotage, accident, embargo, pandemic or epidemic, accident, road or rail closures, road works, breakdown of equipment or infrastructure, rail derailment, wharf delays, quarantine restriction, labour dispute or labour shortage, terrorism, civil commotion, act of war and act or omission of any third party, person or public authority.
- To the extent that one party receives information from the other party which is inherently confidential in nature, the receiving party agrees not to disclose such information to a third party without the authority of the disclosing party, except to the extent permitted by law or otherwise in circumstances where such information had entered the public domain.
- To the extent that one party collects personal information from the other party, pursuant to this Contract, including credit card information, each party undertakes to handle and process such information strictly in accordance with the Australian Privacy Principles.
- In the event You breach the terms of this Contract, We may terminate this Contract immediately by providing written notice.
- Assignment. You may only assign Your rights under this Contract with Our prior consent
- Amendment. Emu Car Carriers may amend this Contract at any time by notice in writing to you.
- Governing law. This Contract is governed by the laws in force in the State of Victoria, Australia.
Entire Agreement. Contract, including
documents incorporated by reference, constitutes
the entire agreement between the parties. To the
extent of an inconsistency between the component
documents of this Contract, the documents
will be interpreted in the following order of
- the standard terms and conditions;
- any other document incorporated by reference.
- Disputes. If You dispute Your obligation to make a payment, or if You have any other reason for disputing whether We have met Our obligations under this agreement, You should contact Us In accordance with this clause 17.5. We will make a reasonable attempt to mediate any complaint but otherwise We do not commit to following a formal alternative dispute resolution process. Notwithstanding the foregoing, We do not seek to exclude the applicability of any statutory dispute resolution scheme.
- Contact. Your first point of contact with Us in relation to any issue arising out of the transaction should be the person so stipulated in the Quotation or Services Agreement or alternatively You can contact Us as follows:
Emu Car Carriers – Standard Terms and Conditions – Updated: 15 July, 2022 V2.1