TERMS & CONDITIONS
Selective Courier Services (SCS) ABN 75 608 068 242 (hereinafter referred to as the “Selective Courier Services” or “Contractor” which expression shall be deemed to include and their servants, agents, employees and sub-contractors offers to supply the carriage of goods and/or the storage of goods detailed on the reverse side of these conditions or as otherwise agreed or requested (“Services”) for the charges determined hereunder and subject to the conditions hereunder (“Conditions”) and the person, company or firm so named on the reverse side of these conditions (hereinafter referred to as the “Customer” which expression shall be deemed to include its servants, agents, employees and sub-contractors) accepts the provision of the Services by the Contractor subject to the Conditions (“Contract”).
” the Sender ” means the person, firm or company on whose behalf Selective Courier Services provides the Services under these Conditions;
“The Transport Company” Means the company the Sender has chosen to ship with via Selective Courier Services where Selective Courier Services does not provide services;
” charges ” mean´s Selective Courier Services´s quoted or agreed charges for the Services, any additional charges payable pursuant to these Conditions and any tax, including GST, levied directly upon any supply or transaction made pursuant to these Conditions;
“goods” means the goods in respect of which the Sender authorises or requests Selective Courier Services to provide the Services;
“GST” means the definition of that term within the meaning of section 195-1 of A New Tax System (Goods and Services Tax) Act 1999;
“transport” means the carriage by any mode of goods for and on behalf of the Sender including any incidental or necessary storage for and on behalf of the Sender of the Sender’s goods at any premises (whether those of Selective Courier Services or of any other person) in circumstances where the goods must await transport or further transport;
“transport document” means Selective Courier Services’s consignment note, storage document, bill of lading, airway bill or any other document of Selective Courier Services by which the Sender authorises or requests Selective Courier Services to provide carriage or necessary storage for the Sender’s goods;
“the Services” means the transport services provided to the Sender by Selective Courier Services pursuant to these Conditions.
2. NOT A COMMON CARRIER
2.0 The Selective Courier Services is not a Common Carrier and will accept no liability as such.
2.1 All Goods are carried and all storage and other services are performed by the Selective Courier Services subject to these conditions.
2.2 Selective Courier Services reserves the right to refuse the Carriage or storage of Goods at its discretion.
The Customer authorizes the Contractor to sub-contract with any other person, firm or company (“Sub-Contractor”) to perform the Services or part thereof (“Sub-Contract”) on the same conditions (including all conditions as to exclusion of liability of the Sub- Contractor) as apply to the Contractor under these Conditions.
4.0 The Goods are in all things and at all times at the risk of the Applicant and not Selective Courier Services.
4.1 Selective Courier Services shall not be responsible in negligence tort contract or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery of the Goods or failure to store or for incorrect or defective storage of the Goods including, without limiting the foregoing, chilled, frozen, refrigerated or perishable goods.
4.2 This Clause 3 shall apply whether or not such loss, damage, deterioration or injury or mis-delivery or failure to deliver or delay in delivery of the Goods or failure to store or incorrect or defective storage of the Goods occurs by negligent, reckless or wilful acts or default of the Selective Courier Services, or occurs in the course of performance or purported performance by the Selective Courier Services of this contract or whether or not the events or omissions are in the control of the Selective Courier Services and / or the Sender or whether or not such events or omissions are foreseeable by them or either of them.
4.3 The disclaimer extends to include not only loss or damage to or deterioration of the Goods but also loss, damage or injury to any person, property or thing during or resulting from the performance or purported performance of or want of performance or breach of contract howsoever caused including but not limited to any omission, negligence, recklessness or wilfulness of the Selective Courier Services.
4.4 The Sender agrees to free, release, hold harmless, indemnify and keep indemnified the Selective Courier Services from all claims, liabilities, damages, costs and expenses arising out of any matter whatsoever in relation to any aspect of the Goods, of the Carriage or purported Carriage of or storage or purported storage of or failure to carry or store the Goods or in any way arising out of any act or omissions of the Selective Courier Services to perform any of the Contractor’s obligations hereunder, or any breach of or failure by the Sender to comply with any of its obligations hereunder and otherwise howsoever whether such claims, liabilities, damages costs and expenses, direct or indirect, consequential or inconsequential, past, present or future.
4.5 All the rights, immunities, benefits and limitations of liability granted to the Selective Courier Services by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the terms of this contract or any of the conditions hereof by the Selective Courier Services.
4.6 Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Selective Courier Services or to which the Contractor is entitled to hereunder shall also be available and shall extend to protect:
(a) All Subcontractors;
(b) Every servant or agent of the Selective Courier Services or of the Subcontractor;
(c) And for the purposes of this Clause, only the Selective Courier Services shall be deemed to be acting as agent on behalf of all such persons and each of them shall, to this extent, be deemed to be parties to this contract.
4.7 All warranties upon the Selective Courier Services, whether statutory or otherwise imposed or implied by law, are to the fullest extent possible hereby expressly negated.
4.8 In entering into this contract, the Sender warrants that it has conducted its own entries and relies on its own judgment and not on any representation made on or on behalf of the Selective Courier Services and all such representations are hereby excluded.
4.9 Any data imported into the Selective Courier Services’s systems (electronic or otherwise) is not covered by any type of warranty howsoever or whensoever and any warranties are excluded to the full extent of the law. No compensation will be claimable by the Sender or payable by the Selective Courier Services for any errors or omissions that may occur when any such data has been imported unless otherwise agreed to between the parties. The Selective Courier Services is released from any liability howsoever or whensoever for any damage that may be caused or which may result when installing a third party product for use with the Selective Courier Services.
4.10 If Dangerous Goods not previously disclosed by the Customer are discovered by the Contractor in carriage or storage, the Contractor may, at its discretion, remove, sell destroy or otherwise dispose of the same, and shall not be responsible or accountable for the value thereof.
Selective Courier Services may in its sole discretion make insurance cover available for the transport of certain classes of goods and by certain modes of transport and subject always to the restrictions and exclusions and terms and conditions (including limits of indemnity) applicable to any such insurance cover.
Details of insurance the insurance cover can be found at https://www.couriersandfreight.com.au/insurance/.
It is the Sender’s responsibility to take out any insurance cover made available by Selective Courier Services through its insurance provider Freightonline Australia Pty Ltd or where cover is not available or the Sender chooses not to take out any cover made available by Selective Courier Services it is the Sender’s responsibility to arrange appropriate insurance cover for the goods given the basis upon which Selective Courier Services provides the Services pursuant to these Conditions.
Any insurance provide through Selective Courier Services via Freightonline Australia PTY LTD must be purchased directly by the shipper at https://www.couriersandfreight.com.au/insurance/ or via a letter of coverage by Selective Courier Services signed by the managing director Robert Lynch. All insurance must purchase prior to shipping. Every shipment where insurance has been requested by the sender and have agreed to the insurance terms and conditions provided at the time of purchase and accepted by Selective Courier Services and Freightonline Australia a certificate of currency will be issued via Freightonline Australia Pty Ltd as proof of the insurance coverage. If no certificate is provided it is deemed that no insurance cover has been taken out by the sender.
The Sender warrants and acknowledges that:
(a) he is the owner of the goods or has the owner’s authority or permission to send and store the goods on behalf of the Sender upon and subject to these Conditions.
(b) he has complied with the requirements of any applicable law (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and The International Maritime Dangerous Goods Code) relating to the notification, description (on Selective Courier Services’s transport document or otherwise), sending, storing and packaging of the goods and the expenses and charges of Selective Courier Services in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any harbour, dock, railway, shipping, customs, warehouse or other authority or company shall be paid by the Sender. Additional charges shall be paid on such goods if deemed necessary by Selective Courier Services.
(c) if any of the goods are subject to the control of the Customs all customs duty, excise duty and costs which Selective Courier Services becomes liable to pay and pays in respect of such goods pursuant to any customs or excise law shall be paid by the Sender.
(d) the goods are packed in a manner adequate to withstand the ordinary risks of carriage or storage (or both) having regard to their nature and any method of storage or mode of carriage.
(e) the goods are fully and accurately described in the transport document
(f) no requirement or demand (express or implied, directly or indirectly ) has or will be made upon Selective Courier Services by the Sender which would cause Selective Courier Services to be in breach of any applicable law, including but not limited to any law in relation to mass, dimension and load restraint, driver fatigue or speeding.
(g) The goods are not personal, domestic or household goods or marine hulls/boats or personal watercraft for transport within Australia
The Sender indemnifies Selective Courier Services (and shall keep Selective Courier Services indemnified) against all costs, losses, penalties, expenses and liabilities suffered or incurred by Selective Courier Services by reason of any breach by the Sender of any or all of the foregoing warranties or acknowledgments.
7. GENERAL LIEN
The goods (and any documents relating thereto in Selective Courier Services’s possession) are accepted by Selective Courier Services for provision of the Services subject to a general lien for all charges now due or which may hereafter become due to Selective Courier Services by the Sender on any account whether in respect of the goods comprised herein or in respect of any other goods for which Selective Courier Services provides carriage, storage or any other service. If the lien is not satisfied and/or the goods are not collected, Selective Courier Services may at its option and without any notice, in the case of perishable goods forthwith, and in any other case upon the expiration of 1 month either.
(i) remove such goods or part thereof and store them in such place and manner as Selective Courier Services thinks proper and at the Sender’s risk and expense; or
(ii) open any package and sell such goods or part thereof upon such terms as it thinks fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for any loss or damage thereby caused.
Any such sale shall not prejudice the right of Selective Courier Services to recover from the person or persons liable to pay the same any charges due or payable in respect of any carriage, storage or other service or sale. This right of sale is additional to any other rights conferred upon Selective Courier Services by statute or general law.
8.1 No responsibility shall be placed upon Selective Courier Services for the return or dehire of pallets. Pallet control is the responsibility of the Sender and the receiver. Selective Courier Services shall consider all pallets to be on a one way transit.
8.2 These Conditions apply to any container(s), pallet(s) or other packaging containing or delivered with the goods to Selective Courier Services. The Sender is responsible for the conformity of such container(s) packaging and pallet(s) with any requirements of the receiver and for any expenses incurred by Selective Courier Services arising from any failure to conform.
9. MODE OF CARRIAGE/METHOD OF STORAGE
If the Sender expressly or impliedly instructs Selective Courier Services to use a particular method of handling or storing the goods or a particular mode of carriage, Selective Courier Services will give priority to that method or mode but if it cannot conveniently be adopted by Selective Courier Services, the Sender authorises Selective Courier Services to handle or store the goods by another method or methods or carry or have the goods carried by another mode or modes. Selective Courier Services is entitled to open any document, wrapping, package or other container in which the goods are placed or carried, to inspect the goods to determine their nature or condition or for the purpose of determining their ownership or destination where any transport document or other identifying document or mark is lost, damaged, destroyed or defaced.
10. INTERMEDIATE POINTS/DELAYED DELIVERY
10.1 Selective Courier Services will deliver goods at intermediate points only by special arrangement and then only provided suitable facilities are available at all hours.
10.2 A charge may be made by Selective Courier Services in respect of any delay in excess of 30 minutes in loading or unloading occurring other than through Selective Courier Services’s fault and such period commences upon Selective Courier Services reporting for loading or unloading. Labour to load or unload goods is the responsibility and at the expense of the Sender or consignee. Should the receiver not be in attendance during normal trading hours or at the time specified, Selective Courier Services reserves the right to make a further charge for every call made until delivery is effected.
11. SELECTIVE COURIER SERVICES’S CHARGES
Unless otherwise agreed in writing between the Contractor and the Customer, the Contractor will invoice the Customer for the charge for the Services and the Customer must pay the charge within 14 days net from the issuing date on the invoice.In the event that the Customer fails to make any payment when due (“Default”), then,without prejudice to any other rights which the Contractor may have in accordance with these Conditions or otherwise:
11.1 Any and all payments to the Contractor which are not yet due shall immediately become due and payable by the Customer. Selective Courier Services shall be entitled to charge late payment fees for all outstanding invoices. A late payment charge of $15.00 + Gst will be added continuously, each invoice period – calculated from the date payment was due until payment in full is received by the Contractor.
11.1.2 The Customer shall be liable to the Contractor for any costs or damage incurred by the Contractor as a result of the Customer’s default, including any legal and other costs associated with recovering any moneys owed by the Customer to the Contractor.
11.1.3 Sender shall pay Selective Courier Services the Fees without withholding, deduction or offset of any amounts for any purpose.
11.1.4 Placing booking with Selective Courier Services means that Sender read, understood and accepted trading Terms & Conditions.
11.2 Invoices will be rendered weekly and Selective Courier Services reserves the right to charge an invoice fee for each and every invoice generated.
11.2.1 The price quoted at the time of booking is an estimation based on the data provided at the time of the booking.
11.2.2 For Interstate Senders, the freight transaction is deemed to be accepted once payment is confirmed, regardless of payment method (i.e. account), and after acceptance Senders are responsible for having their freight ready at the date and time indicated.
The Transport Company will re-weight and re-check dimensions to calculate the exact chargeable weight. Items are charged based on dead weight or cubic whichever is the greater.
In the event that there is a difference between the declared chargeable weight and the actual chargeable weight you the Sender will be automatically re-billed the difference in accordance with our terms and conditions. As this shipper you the Sender is liable for all additional charges that The Transport Company may from time to time charge as part of their service to deliver the shipment plus any applicable mark up charged by Selective Courier Services.
You the Sender agree to the terms and conditions listed on this site and The Transport Company’s terms and conditions your have shipped with. All additional charges will be added to the Sender’s account for account Senders or debited from the Sender’s credit card used to book the shipment.
In the event of a dispute the amount must be paid in full and a credit request must be made in writing. The credit request must include proof of the incorrect charge. All outstanding amounts will in cure interest at the rate of eth bank overdraft
11.4 If freight is reweighed, and a discrepancy found between the weight indicated to Selective Courier Services, and the actual weight of the freight, any additional charges incurred will be charged back to the Sender plus any applicable mark up. Selective Courier Services reserves the right to charge Administration fee of $10.00 per re charge, Selective Courier Services reserves the right not to send freight until outstanding moneys are paid.
11.5 If freight is re-measured, and a discrepancy found between the dimensions indicated to Selective Courier Services, and the actual dimensions of the freight, any additional charges incurred will be charged back to the Sender, with Selective Courier Services reserving the right not to send freight until outstanding moneys are paid.
11.6 If a transport The Transport Company recharges or penalizes Selective Courier Services for an additional pickup upon a failure for a Sender s to have the freight ready at the time indicated to Selective Courier Services, these fees will be billed to the Sender .
11.7 Selective Courier Services is not liable for lost, stolen, damaged, wet, or wrongly delivered freight.
11.8 All Sender s are responsible for their own packaging, accurate dimensions, accurate weights, the point of origin for the shipment, the point of destination for shipment, whether the shipment will be insured and the amount of coverage, and any other special instructions.
11.9 All Sender s are responsible for the contents of the freight, and may not use the Selective Courier Services system to send any item which is in any violation or conflict of respective origin and destination legislations.
11.10 No Dangerous goods are accepted by Selective Courier Services.
11.11 Account fees will be applied to all account Senders only. The fee for this will be indicated at the time of the contract and charged per invoice.
11.12 Should a transport The Transport Company or Sender file for bankruptcy or foreclosure, Selective Courier Services is not liable for any monies outstanding or issues of non-delivery.
11.13 The use of the Selective Courier Services system is subject to acceptance of Selective Courier Services Terms and Conditions, and the acceptance of further Terms and Conditions that each individual Transport The Transport Company may have.
11.14 Every care is taken to ensure that products supplied to Selective Courier Services are in good and usable condition. No claim to the contrary will be entertained unless in writing by the Sender within seven (3) days of delivery to the Sender .
11.15 Payments may be made by Direct deposit or Credit card. All credit card payments are subject to a 3% surcharge.
11.16 Selective Courier Services may increase the Fees at any time without notice..
11.17 An account rendered by e-mail or otherwise by Selective Courier Services shall be prima facie evidence for a Court of the provision of the items referred to in same to Sender by Selective Courier Services.
11.18 PO Box Deliveries-A fee of $13.00 will be automatically recharged to the card used to make the payment if you have not elected PO Box delivery upfront.
11.19Futile Pick up-A fee of $30.00 – $40 will be automatically recharged to the card used to make the payment if your goods are not ready when the carries arrives and leaves without them.
11.20 Incorrect Address-A fee of $16.00 plus are redelivery fee will be automatically recharged to the card used to book this shipment for goods with an incorrect address.
11.21Re Delivery-If your goods cannot be delivered, you will be automatically recharged a redelivery fee based on a basic charge and kilo rate..
11.22 Return To Sender- A fee of $15.00 plus the shipping fees to return the goods will be automatically recharged to the card used to make the payment.
11.23 Cancellation -If your goods cannot be delivered, you will be automatically recharged a redelivery fee based on a basic charge and kilo rate.
11.24 Manual Consignments- For Manual consignments a fee of $12.50 is recharged automatically if you do not attach the labels given by Couriers and Freight.
11.25 Filling in a Manual Connote- When filling in a Manual Connote you must put the same weights, dimensions and service that the shipment was booked under else there will be an additional recharge.
12.1 Unless expressly stated to the contrary and to the extent permitted by law:
(a) the Fees are exclusive of all Taxes which may arise in relation to the subject matter of this Agreement;
(b) Sender shall immediately pay any applicable Taxes to Selective Courier Services; and
(c) Sender shall indemnify and keep indemnified Selective Courier Services from payment of the Taxes and any penalties arising from non-payment of same.
13. SUSPENSION and OBLIGATIONS
13.1 If Sender breaches any provision of this Agreement Selective Courier Services may, without further notice to Sender
(a) suspend all its obligations to Sender under this Agreement; and
(b) withdraw any discount which was otherwise applicable to the Fees.
14. RAIL SERVICE
14.1 Selective Courier Services shall not be liable for any death, injury, loss, damage or delay howsoever occurring in connection with the use or operation of any crane, gantry or machinery or any part thereof (“the machinery”) which occurs during the handling or moving of any goods, containers or rail wagons loaded by the Sender or any other party (including loading or unloading rail cars) or arising from any failure breakdown or defects of or in the machinery whether or not caused or contributed to directly or indirectly by any act, fault or negligence of Selective Courier Services.
14.2 The Sender will indemnify and keep indemnified Selective Courier Services against all claims and liabilities of whatsoever nature in connection with any such death, injury, loss, damage or delay as aforesaid.
14.3 The Sender may authorise Selective Courier Services to hire wagon space on his behalf or to arrange the placement at Dynamic Express’s terminal of wagons under permanent hire to the Sender and the Sender shall indemnify and keep indemnified Selective Courier Services in respect of any payments due or liabilities incurred to any rail operator in respect of Selective Courier Services so doing.
15. GOVERNING LAW & DISPUTES
15.1 This contract is governed by the laws of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
15.2 All disputes are to be handled in Melbourne. Selective Courier Services shall be entitled to recover all reasonable legal costs incurred in relation to any dispute.
16. BENEFIT OF THESE CONDITIONS
16.1 Each and every provision of these Conditions and every defence, liberty, right, exemption and immunity of whatsoever nature available or applicable to a Selective Courier Services or to which Selective Courier Services is entitled hereunder is available and extends to all sub-contractors, each officer employee or agent of Selective Courier Services or of any sub-contractor, every other person by whom carriage or storage is provided and all persons who are or may be vicariously liable for the acts or omissions of any persons referred to in this Clause. As far as may be necessary to give effect to this clause, Selective Courier Services is, or shall be deemed to be, acting as agent and trustee for and on behalf of and for the benefit of all such persons and each of them shall to this extent be deemed to be parties to each contract of carriage or storage (or both) effected pursuant to these Conditions.
16.2 The Sender sunder takes that no claim or demand or proceeding shall be made or issued against Selective Courier Services in respect of any loss of or damage to the goods or misdelivery or delayed delivery of the goods and if any claim demand or proceeding shall be made or issued the Sender shall indemnify Selective Courier Services and keep Selective Courier Services from and against any and all liability Selective Courier Services may suffer or incur as a result of any such claim, demand or proceeding should be made by the Sender.