Terms And Conditions

Terms And Conditions

Table of Contents

These are the Terms and Conditions applicable to any person, company, entity, or party placing a purchase order, quote, or other request for the supply of services by ALL ROUND TRANSPORT SERVICES– ABN: 33 526 242 258. Unless otherwise as expressly agreed, these Terms And Conditions will apply notwithstanding any provisions to the contrary that appears on any purchase order, delivery docket, or other document issued by ALL ROUND TRANSPORT SERVICES.

DEFINITIONS

Application for Credit means the credit application document provided to the Customer by ALL ROUND TRANSPORT SERVICES.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means Monday to Friday and not Saturday, Sunday or a public holiday in New South Wales.

Cargo mean the items which have been requested to be transported to a Customer as part of the Services.

Consequential Loss means any loss or damage arising from a breach of contract or agreement (including breach of this contract), tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties at the time of entering this contract.

Consumer has the same meaning as in the Australian Consumer Law.

Customer means the Customer (or any person acting on behalf of and with the authority of the customer) as described in the Invoice as provided by ALL ROUND TRANSPORT SERVICES to the Customer.

ALL ROUND TRANSPORT SERVICES means ALL ROUND TRANSPORT SERVICES (ABN: 33 526 242 258), its successors and assigns or any person acting on behalf of and with the authority of ALL ROUND TRANSPORT SERVICES.

Force Majeure means anything beyond the control of a party or in consequence of which prevents a party from performing its obligations and includes but is not limited to strike, lockdowns, government orders, trade disputes, fire, accidents, supply, import and adverse weather conditions.

GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Invoice means any tax invoice provided to the customer by ALL ROUND TRANSPORT SERVICES specifying the sum of monies payable to ALL ROUND TRANSPORT SERVICES for supplying the Services.

Order means the acceptance of the Quotation by the customer.

Purchase Monies Securities Interest or PMSI has the same meaning as given in section 14 of the Personal Property Securities Act 2009 (Cth) as amended from time-to-time.

Quotation means any document issued by ALL ROUND TRANSPORT SERVICES outlining its estimate of the costs to provide the Services.

Price means all monies payable by the Customer to ALL ROUND TRANSPORT SERVICES for the supply of the Services as specified in the Invoice.

Services means all services supplied by ALL ROUND TRANSPORT SERVICES to the Customer including any advice or recommendations and includes but is not limited to the transportation of the Cargo.

Subcontractor means any third party that the Customer requires the Cargo to be delivered to.

1. Acceptance

  • 1.1 A Quotation provided by ALL ROUND TRANSPORT SERVICES to the Customer will be open for acceptance for a period of thirty (30) days from the date of the Quotation unless the quotation has been withdrawn or extended by ALL ROUND TRANSPORT SERVICES in writing to the customer.
  • 1.2 The Quotation is deemed to be accepted by the Customer on the signing of the Quotation by the Customer and an Order is deemed to have been made by the Customer on the acceptance of the quotation.
  • 1.3 The Customer acknowledges and agrees that the Prices specified for the Services in any Quotation may be subject to variations because of the following matters;
    • (a) additional costs incurred by ALL ROUND TRANSPORT SERVICES as a result of difficult site access; or
    • (b) currency fluctuations, taxes, customs duties and other imposts at the time of supply.
  • 1.4 At the discretion of ALL ROUND TRANSPORT SERVICES, the Customer may pay a non-refundable deposit to secure the provision of Services.
  • 1.5 Where more than one (1) Customer is referred to in an Invoice, the Customers will be jointly and severally liable for all payments of the Price.
  • 1.6 The terms and conditions contained in this contract are legally binding and can only be amended with the written consent of ALL ROUND TRANSPORT SERVICES.

2. Price and Payment

  • 2.1 Unless otherwise agreed between ALL ROUND TRANSPORT SERVICES and the Customer, full payment of the Price must be made by the Customer to ALL ROUND TRANSPORT SERVICES on the earlier of:
    • (a) delivery of the Services to the Customer; and
    • (b) the date specified in the Invoice as the due date for payment.
  • 2.2 Payment by the Customer must be made by cash, credit card, electronic funds transfer or by any other method as agreed to between the Customer and ALL ROUND TRANSPORT SERVICES.
  • 2.3 Unless otherwise expressly stated, GST and other taxes and duties that may be applicable will be added to the price.
  • 2.4 The Customer agrees that it must pay for additional charges that may arise in addition to the Price, including:
    • (a) reasonable surcharges as arising and in accordance with ALL ROUND TRANSPORT SERVICES’S written or verbal communication of a requirement to do so to ensure safe, compliant, profitable, carriage of cargo.
    • (b) reasonable charges arising and in accordance with ALL ROUND TRANSPORT SERVICES’S written or verbal communication of a requirement to do so for freight services arising that have not been quoted by ALL ROUND TRANSPORT SERVICES.
    • (c) additional charges where the service requires a specialised vehicle to complete the task, including but not limited to a tilt tray and/or crane to unload.
    • (d) fines arising from non-compliance, misstatements of weight, dimension, or composition of goods, or falsely declared or missing documentation.
    • (e) currency fluctuations, taxes, customs duties and other imposts at the time of supply.
    • (f) excessive waiting times, loading and unloading.
    • (g) delivery vehicle truck cleaning costs.
    • (h) changes to routes or property access/truck access, including weight restricted roads and unforeseen terrain roads.
    • (I) extra attachments / incorrect or missing information provided.

3. Warranty

  • 3.1 To the extent permitted by law, all other warranties and guarantees whether express or implied that are not set out in this contract are excluded.
  • 3.2 ALL ROUND TRANSPORT SERVICES does not provide warranty in the following circumstances:
    • (a) The Customer’s misuse and/or abuse of the Cargo or Services including (but not limited to) improper and unreasonable maintenance, care, treatment and use.
    • (b) Changes or variations made to the Cargo or Services which have not been made or authorised by ALL ROUND TRANSPORT SERVICES.
    • (c) Damage is caused to the Cargo due to acts of God including (but not limited to) natural disaster, storms, floods, etc…
    • (d) Damage is caused to the Cargo from smoke, fire, vandalism, animals, application of chemicals etc…
    • (e) Any acts or omissions of a third party adversely affecting the Services.
  • 3.3 The Customer accepts that any description of Services included in advertising are not exact, accurate or complete and the Customer has the sole responsibility to verify all information prior to payment of the Invoice.
  • 3.4 Subject to the Australian Consumer Law and any other applicable laws, ALL ROUND TRANSPORT SERVICES do not warrant that the Services are fit for the purposes intended by the Customer.
  • 3.5 The Customer is responsible for ensuring that the Cargo complies with their relevant workplace safety legislation in their State or Territory before using the Cargo in their workforce.

4. Delivery of Cargo

  • 4.1 Delivery of the Cargo will be deemed to have taken place upon ALL ROUND TRANSPORT SERVICES delivering the Cargo to the prescribed delivery address provided by the Customer.
  • 4.2 ALL ROUND TRANSPORT SERVICES is not required to obtain a signed receipt or acknowledgment from the Customer with respect to the delivery of the Cargo however, if such signed receipt or acknowledgment is obtained by a person whom ALL ROUND TRANSPORT SERVICES reasonably believes to be an authorised person of the Customer, then such signed receipt or acknowledgment will be deemed the Customer’s acceptance of the delivery of the Cargo.
  • 4.3 If the address given to ALL ROUND TRANSPORT SERVICES for the purposes of delivery is unattended at the time of delivery, or if delivery cannot be effected by ALL ROUND TRANSPORT SERVICES (other than by reason of the negligence) then ALL ROUND TRANSPORT SERVICES may deposit the Cargo at that address (which shall be deemed to be delivery) or store the Cargo at a place where ALL ROUND TRANSPORT SERVICES deems necessary or appropriate to store those Cargo, and if the Cargo are stored the Customer shall pay ALL ROUND TRANSPORT SERVICES for all costs and expenses incurred of and incidental to that storage and delivery.
  • 4.4 The Customer accepts without limitation that:
    • (a) The Cargo and Services are provided, carried, handled, and stored solely at the Customer’s risk, and ALL ROUND TRANSPORT SERVICES is under no obligation to arrange insurance to cover the Cargo and Services for the Customer against any form of direct or consequential loss arising, nor shall it arrange such insurance of any kind whatsoever, unless effected in writing by special arrangement.
    • (b) No claim may be made against ALL ROUND TRANSPORT SERVICES for failure to arrange insurance on behalf of a Customer, or for not insuring Cargo in transit, handling, and storage.
  • 4.5 The Customer must make all arrangements necessary to ensure someone is available to take delivery of the Cargo whenever they are tendered for delivery.
  • 4.6 As soon as reasonably practical, the Customer must provide ALL ROUND TRANSPORT SERVICES in writing the precise details of the class, volume and packaging type of dangerous or hazardous Cargo. ALL ROUND TRANSPORT SERVICES in its absolute discretion may accept or decline to proceed with the Services.
  • 4.7 In the event of discovery by ALL ROUND TRANSPORT SERVICES of hazardous or dangerous Cargo then, at the expense of the Customer, ALL ROUND TRANSPORT SERVICES may take any reasonable measures to dispose to rectify the non-compliance and allow resumption of transport services.

5. General Delivery Provisions

  • 5.1 The Customer is responsible for any additional delivery charges in the event that the delivery address is incorrect.
  • 5.2 The failure of ALL ROUND TRANSPORT SERVICES to deliver will not entitle either party to treat these terms as repudiated.
  • 5.3 ALL ROUND TRANSPORT SERVICES will not be liable for any loss damage or compensation whatsoever due to failure by ALL ROUND TRANSPORT SERVICES to deliver the Services promptly.
  • 5.4 Delivery dates and times are an estimate only and ALL ROUND TRANSPORT SERVICES will not be liable to the Customer for any failure to deliver or for delays in the supply of the Cargo or Services occasioned by any cause (including but not limited to Force Majeure events) whatsoever whether or not beyond the control of ALL ROUND TRANSPORT SERVICES . For the avoidance of doubt, time is not of the essence with respect to the supply of the Services.
  • 5.5 Cargo will be delivered to ground floor level, kerbside or loading dock Where a tailgate truck or other specialised equipment is required, the cost of this will be charged to the Customer. The Customer authorises ALL ROUND TRANSPORT SERVICES to deliver the Cargo to the address as nominated by the Customer in writing to ALL ROUND TRANSPORT SERVICES and to leave the Cargo at such place whether any person is present to accept delivery. ALL ROUND TRANSPORT SERVICES will not be liable for any loss or damage suffered by the Customer after delivery to the nominated address.

6. Customer Warranties

  • 6.1 The Customer warrants that:
    • (a) The Customer has adequate insurance coverage over the Cargo for the carriage and/or handling and storage of the Cargo, and acknowledges and agrees that ALL ROUND TRANSPORT SERVICES does not take responsibility for such insurance.
    • (b) They complied with all applicable laws and regulations in relation to the notification, classification, description, labelling, and packaging of the Cargo and that, given their nature, the Cargo are packed in a proper way to withstand the ordinary risks of transport.

7. Risk and Title

  • 7.1 All risk for the Services passes to the Customer on delivery.
  • 7.2 ALL ROUND TRANSPORT SERVICES and the Customer agree that ownership of the Cargo will remain with the Customer.
  • 7.3 Receipt by ALL ROUND TRANSPORT SERVICES of any form of payment will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

8. Security and Charge

  • 8.1 The Customer charges in favour of ALL ROUND TRANSPORT SERVICES all of its estate and interest in any real property that the Customer owns at present and in the future with the amount of its indebtedness hereunder until discharged.
  • 8.2 The Customer appoints as its duly constituted attorney ALL ROUND TRANSPORT SERVICES’s company secretary from time-to-time to execute in the Customer’s name and as the Customer any deed and any real property mortgage, bill of sale or consent to any caveat ALL ROUND TRANSPORT SERVICES may choose to lodge against real property that the Customer may own.
  • 8.3 The Customer acknowledges that the Customer is liable for all costs associated with stamp duty associated with any security or charge.

9. Default and Consequences of Default

  • 9.1 Accounts not paid within thirty (30) days will be charged interest on the outstanding amount at a rate of 12% per annum.
  • 9.2 The Customer agrees to pay all ALL ROUND TRANSPORT SERVICES ’s costs incurred in registering, pursuing, securing and collection of any outstanding monies on the Customer’s Credit Application including (but not limited to) administration charges, mercantile agent’s fees, solicitor’s fees and charges, legal fees, Court costs or duties will be charged to the Customer and added to the Customer’s account. Fees for dishonoured cheques will also be added to the Customer’s account.
  • 9.3 If the Customer:
    • (a) defaults in payment of any Invoice when due;
    • (b) the performance of any obligation imposed on it under these terms; and/or
    • (c) breaches any warranty or representation contained in this contract,
  • 9.4 The Customer must indemnify ALL ROUND TRANSPORT SERVICES  from and against all liability, claims, losses, damages, costs and fines and disbursements incurred by ALL ROUND TRANSPORT SERVICES in connection with that default (including, without limitation, pursuing the debt including legal costs on a solicitor and own client basis and ALL ROUND TRANSPORT SERVICES’S collection agency costs). For the avoidance of doubt, ALL ROUND TRANSPORT SERVICES does not have to incur an expense or cost before claiming the benefit of the indemnity provided under this clause.
  • 9.5 Without prejudice to any other remedies ALL ROUND TRANSPORT SERVICES may have, if at any time the Customer is in breach of any obligation (including those relating to payment) ALL ROUND TRANSPORT SERVICES may:
    • (a) suspend or terminate the supply of Services to the Customer and any of its other obligations under this contract;
    • (b) suspend any credit facilities which may have been extended to the Customer;
    • (c) withdraw any credit facilities which may have been extended to the Customer;
    • (d) cancel all or any part of any order of the Customer which remains unperformed; or
    • (e) recover from the Customer the cost of materials or goods acquired for the purpose of future deliveries.
  • 9.6 ALL ROUND TRANSPORT SERVICES will not be liable to the Customer for any loss or damage that the Customer suffers because ALL ROUND TRANSPORT SERVICES has exercised its rights under this clause.

10. Cancellation Policy

  • 10.1 ALL ROUND TRANSPORT SERVICES may cancel this contract or cancel delivery of the Services at any time before the Services are delivered by giving written notice to the Customer. On giving such notice ALL ROUND TRANSPORT SERVICES may, in its sole discretion, repay to the Customer any sums paid in respect of the Price. ALL ROUND TRANSPORT SERVICES will not be liable for any loss or damage whatsoever arising from such cancellation.
  • 10.2 In the event that the Customer cancels delivery of the Services, the Customer will be liable for any loss incurred by ALL ROUND TRANSPORT SERVICES (including, but not limited to, any loss of profits) up to the time of cancellation.

11. Compliance with Laws

  • 11.1 The Customer and ALL ROUND TRANSPORT SERVICES will comply with the provisions of all statutes, regulations and bylaws of Government, local and other public authorities that may be applicable to the Services.
  • 11.2 ALL ROUND TRANSPORT SERVICES does not guarantee or warrant the registrability, road worthiness or legal compliance of the Cargo to which the Services have been applied and will not be liable for any loss or damage suffered by the Customer in that respect.

12. Privacy Policy

  • 12.1 The Customer agrees to be bound by the Privacy Policy of ALL ROUND TRANSPORT SERVICES and understands that the Privacy Policy forms part of these terms and conditions and invokes the provisions of the Privacy Act 1988 (Cth). A copy of this Privacy Policy is available on request, or visit the Privacy Policy page.
  • 12.2 The Customer authorises ALL ROUND TRANSPORT SERVICES to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer in order to enable ALL ROUND TRANSPORT SERVICES to assess the credit application or to review any existing credit provided by ALL ROUND TRANSPORT SERVICES .
  • 12.3 The Customer authorises ALL ROUND TRANSPORT SERVICES to exchange information about the Customer with those credit providers named in the Application for a credit account or named in a consumer credit report issued by a reporting agency for any of the following purposes:
    • (a) To assess an application by the Customer.
    • (b) To notify other credit providers of a default by the Customer.
    • (c) To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers.
    • (d) To assess the creditworthiness of the Customer.
  • 12.4 The Customer agrees that personal information provided may be used and retained by ALL ROUND TRANSPORT SERVICES for the following purposes and for other purposes as agreed between the Customer and ALL ROUND TRANSPORT SERVICES:
    • (a) Marketing of further goods or products by ALL ROUND TRANSPORT SERVICES, its agents or distributors;
    • (b) Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of the Services;
    • (c) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
    • (d) Enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Services.
  • 12.5 The Seller may give information about the Customer to a credit reporting agency for the following purposes:
    • (a) To obtain a consumer credit report about the Customer.
    • (b) To allow the credit reporting agency to create or maintain a credit information file.
  • 12.6 The Customer acknowledges that ALL ROUND TRANSPORT SERVICES ’s website may be hosted, or some data may be stored overseas. All information derived from Australia will still be treated in accordance with ALL ROUND TRANSPORT SERVICES ’s Privacy Policy while being stored overseas.

13. General Provisions

  • 13.1 The terms of this contract do not affect any rights the Customer has under the Competition and Consumer Act 2010 (Cth).
  • 13.2 If any provision of this contract is held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
  • 13.3 This contract will be governed by the laws of New South Wales and are subject to the jurisdiction of the Courts of New South Wales.
  • 13.4 ALL ROUND TRANSPORT SERVICES will not be under any liability whatsoever to the Customer for any Consequential Loss.
  • 13.5 In the event of any breach of these terms by ALL ROUND TRANSPORT SERVICE, the remedies of the Customer will be limited to damages which under no circumstances must exceed the Price of the Services.
  • 13.6 ALL ROUND TRANSPORT SERVICES will be discharged from all liability whatsoever in connection with the Services unless proceedings are served within three (3) months from delivery of the Services.
  • 13.7 The Customer will not be entitled to set-off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by ALL ROUND TRANSPORT SERVICES nor to withhold payment of any invoice because part of that invoice is in dispute.
  • 13.8 ALL ROUND TRANSPORT SERVICES may license or subcontract all or any part of its rights and obligations without the Customer’s consent. ALL ROUND TRANSPORT SERVICES may assign any or all of ALL ROUND TRANSPORT SERVICES ’s rights and obligation under this contract to a third party without the Customer’s consent.
  • 13.9 The Customer agrees to ALL ROUND TRANSPORT SERVICES providing any personal information to a third party when the provision relates to the Customer’s use of the ALL ROUND TRANSPORT SERVICES website or the provision of the Services.
  • 13.10 The failure by ALL ROUND TRANSPORT SERVICES to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect ALL ROUND TRANSPORT SERVICES ’s right to subsequently enforce that provision.
  • 13.11 No modification, amendments or other variation of this contract will be valid and binding on ALL ROUND TRANSPORT SERVICES unless made in writing and duly executed by and on behalf of ALL ROUND TRANSPORT SERVICES.
  • 13.12 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
  • 13.13 The failure by ALL ROUND TRANSPORT SERVICES to enforce any provision of these Terms And Conditions will not be treated as a waiver of that provision, nor will it affect ALL ROUND TRANSPORT SERVICES’S right to subsequently enforce that provision.

Last Edited: December 2025

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