All services provided by Tru Transport are provided under these Terms & Conditions, and any formal written contract between the parties. Except as provided to the contrary by any formal written contract, these are the only terms which are binding on Tru Transport with the exception of those otherwise agreed in writing by Tru Transport and You or which are imposed by statute and cannot be excluded.

Neither Tru Transport nor any carrier nominated for the provision of service is a common carrier and no liability will be accepted as such.

Tru Transport reserves the right to refuse to handle transport or store goods for You for any reason whatsoever regardless of whether or not we have the capacity to do so.

Insurance is not included in any Tru Transport fees or carrier rates quoted. You must have in place, and warrant to Tru Transport that you have in place, sufficient insurance against any loss of any kind resulting from any damage, breakage, fire, theft, non-delivery etc. with Your own insurer. You acknowledge and agree that neither any nominated carrier nor Tru Transport offers any insurance cover on any consignments unless cover is requested in writing and approved by Tru Transport prior to dispatch and collection of goods by the relevant carrier. Tru Transport will not be deemed to have obtained, or agreed to obtain, insurance on Your behalf until acknowledged and confirmed in writing by Tru Transport.

Items are dispatched at Your own risk. Tru Transport is not liable for any Loss or damage arising from the supply or failure to supply services for any reason whatsoever, including failure to deliver goods or misdelivery of goods by a carrier, breach of agreement, negligence or breach of duty as bailee, including any consequential economic losses or loss of profits whether such losses are caused by Tru Transport’s or the carrier’s delay or otherwise.

To the maximum extent permitted by law, Tru Transport expressly:

a. disclaims all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to its services, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement; and

b. limits its liability in respect of any and all claims for any losses that You may bring against Tru Transport under these Terms & Conditions or otherwise in respect of its services to the following remedies (the choice of which is to be at Tru Transport’s sole discretion):
i. re-supply of the services;
ii. payment of the costs of supply of the services by a third party; or
iii. the refund of any amount paid by You to Tru Transport in respect of Tru Transport’s services in the six months prior to the first instance giving rise to the first claim raised by You, even if Tru Transport has been advised of the possibility of such losses.

To the maximum extent permitted by law, Tru Transport expressly excludes liability for any Loss, damage and/or delay in the performance of any obligation of Tru Transport under these Terms & Conditions where such Loss, damage or delay is caused by circumstances beyond the reasonable control of Tru Transport.

It is a requirement when completing a consignment note or otherwise instructing Tru Transport that You accurately record all weights, measurements, descriptions, and classifications on the consignment note. You acknowledge and agree that if weights and measurements are not recorded on the consignment note, then the carrier can determine these, and the carrier’s determination shall be considered as final and binding on You. No further negotiation will be entered into, and no claims shall be accepted for any legal correcting. You must ensure that all items consigned are clearly labelled with Your name and address, as well as the consignee’s full name and address. Where freight is to be onforwarded to a third-party carrier, the consignment note must clearly reflect the onforwarding carrier’s full name and address on the consignee section of the consignment note.

Unless provided otherwise in these Terms & Conditions or indicated otherwise by Tru Transport, fees and charges are payable in accordance with the terms of credit Tru Transport grants to You from time to time. Freight charges are in accordance with each carrier’s own rates. Consignment note services will be invoiced weekly. Prepaid services must be paid on delivery to the carrier of goods to be shipped.

You must make any claims against invoices within 14 days of the date of invoice. Tru Transport may refuse any claims made after that date. All claims must be supported with a copy of the consignment note in question, a copy of the applicable invoice, as well as any additional supporting documentation, to verify Your claim. Any claims in respect of a carrier’s rates or charges are always subject to the respective carrier’s approval and Tru Transport will not be liable for such amounts.

All quotations are private and strictly confidential, and will remain the sole property of Tru Transport. Unless noted otherwise, fees and rates quoted are exclusive of GST or any government taxes or carrier surcharges or levies that may be imposed or become payable at some future time. Fuel surcharges may be applicable at varying percentages according to the carrier and will be passed on at the carrier charge.

Tru Transport may adjust its fees from time to time with prospective effect. Fees for orders accepted by Tru Transport cannot be amended under this clause. You acknowledge and agree that carriers may adjust their rates and other charges from time to time and that Tru Transport does not control carriers’ rates and charges.

Goods of a dangerous nature may not be shipped without the prior approval of Tru Transport and the relevant carrier. You hereby agree to inform Tru Transport if any goods to be shipped are dangerous and agree to provide Tru Transport with a full description of the goods on the consignment note. It is your obligation to familiarise yourself with the AUSTRALIAN DANGEROUS GOODS CODE and inform Tru Transport of anything that would constitute dangerous goods pursuant to that code. For the purposes of these Terms & Conditions, ‘Dangerous Goods’ shall include any goods that are considered dangerous goods under the Code, as well as any goods that are radioactive, environmentally hazardous, explosive, poisonous, contagious, flammable, or otherwise volatile or potentially volatile or of a nature which could cause physical harm to any person or property.

All services must be ordered through Tru Transport at least 48 hours in advance. It is preferable that all orders are made in writing through Your account.

You acknowledge and agree that you have obligations under the Chain of Responsibility Law under the Heavy Vehicle National Law and agree to comply with those obligations.

You acknowledge and agree that:

a. Tru Transport and carriers rely on the information that You supply;

b. Tru Transport and carriers are unable to verify information provided by You;

c. a signature, confirmation or receipt by Tru Transport or the relevant carrier is not to be deemed confirmation of any matter other than an acknowledgement of the number of items received;

d. the packaging of goods is Your responsibility; and

e. You must advise Tru Transport if goods to be shipped are perishable.

You separately warrant to each of Tru Transport and any nominated carrier that:

a. You have not breached any law or regulation in connection with the goods and that the goods can be handled lawfully;

b. You are the lawful owner of the goods; and

c. All Goods are appropriately packaged to withstand transport, storage and handling.

You agree to indemnify and otherwise hold Tru Transport harmless from all losses, claims, actions, suits and demands howsoever arising, from any third party in connection with Your goods including but not limited to all legal costs on a solicitor/own client basis, and awards made by any court against Tru Transport for any amount howsoever determined.

You acknowledge and agree that Tru Transport has a lien on any goods and all associated documents which may have come into Tru Transport’s possession for any reason. The lien is a general lien for all monies owing, or alleged by Tru Transport to be owing, by You to Tru Transport.

These Terms & Conditions and any agreement between You and Tru Transport are governed by the laws of Victoria and You agree to submit to the jurisdiction of the courts of Victoria. You agree that any proceedings or other action commenced by you in relation to these Terms & Conditions or any agreement between You and Tru Transport shall only be commenced in a Victoria Court.

If any provision of these Terms & Conditions are found by any court or competent jurisdiction to be unenforceable for any reason whatsoever, that provision shall be severed from these Terms & Conditions and to the fullest extent possible the remaining terms and conditions shall continue to have full force and effect.

Trading terms are in accordance with the terms of credit granted to You by Tru Transport. Administrative fees apply for work on your account and will be included with each invoice.

In these Terms & Conditions, the following definitions apply unless the context requires otherwise:

“Claim” means any actual, contingent, present or future claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse for any Loss, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether in contract, tort (including but not limited to negligence), under statute or otherwise, whether direct or indirect.

“Loss” means any less, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character, whether arising in contract, negligence, tort, equity, statute or otherwise, and that a party pays, suffers or incurs or is liable for, including all:

a. liabilities on account of tax;

b. interest and other amounts payable to third parties;

c. legal and professional fees and expenses on a full indemnity basis and other costs incurred in connection with investigating, defending or settling any Claim; and

d. all amounts paid in settlement of any Claim.

“Tru Transport” means Tru Transport and Logistics Pty Ltd (ABN 96 647 899 929).

”You” means the party described in the relevant Credit Application Form (if any) or the customer using Tru Transport’s services.