1.1. In these Terms and Conditions of Carriage, unless the context otherwise requires:
a) “Act” means the Carriage of Goods
b) “Contract” has the meaning set out in clause 2.1.
c) “Carrier” OTS and includes any subsidiary or related company.
d) “Customer” means the person purchasing the Services
from the Carrier.
e) “Person” includes a corporation, association, firm,
company, partnership or individual.
f) “Price” means the price of the Services as agreed
between the Carrier and the Customer relating to a
g) “Services” means the transportation of Vehicles by the
h) Carrier for the Customer.
i) “Vehicle(s)” means any motor vehicle (whether operational or not) and/or related machinery and equipment being transported by the Carrier for a customer.
1.2. References to one gender include the other genders and references to the plural including the singular and vice versa.
1.3. A reference to “these terms” is a reference to these Terms and Conditions of Carriage.
2.1. These Terms together with the Carrier ‘s confirmation of order (if any) and the provisions of a quotation (if any) shall constitute the Contract between the Carrier and the Customer for the sale and purchase of services.
2.2. No agent or representative of the Carrier is authorised to make any representations, warranties, conditions, or agreements not expressly confirmed by the Carrier in writing and the Carrier is not in any way bound by any such unauthorised statements nor can any such statements be taken to form part of the Contract or part of a contract with the Carrier collateral to the Contract.
3. PRICE – Right to Weigh Vehicles
3.1. The Carrier reserves the right to check the weight of any Vehicles being transported by the Carrier for a Customer. If on weighing it is found the actual weight of Vehicles is greater than the weight estimated by the parties when agreeing the Price applicable to a contract, the price shall be increased appropriately to reflect correct weight of the Vehicle(s).
3.2. If the Customer requests any changes or variations to a Contract for the supply of Services, the Carrier is entitled to adjust and, if necessary, increase the Price to reflect the cost of the variation(s).
3.3. All prices included in any price list or catalogue for standard Services provided by the Carrier, are subject to change from time to time and should be checked prior to placing an order.
4.1. Unless expressly included in any quotation given by the Carrier, GST and any other taxes and duties relating to the supply of the Services to a Customer, are not included in the Price and shall be payable by the Customer in addition to the Price of the Services at the rate(s) prevailing at the date of performance of the Services.
5.1. Where Services are supplied on credit, invoices are payable strictly on the 20th of the month following the date of an invoice.
5.2. Failure to pay an invoice by due date shall be a breach of the Customer’s obligations under these Terms and the Carrier may in respect of such invoice, without prejudice to any other rights or remedies it may have, charge as liquidated damages interest plus GST (if GST is applicable) at a rate equal to 2% above the overdraft rate charged to the Carrier by its bankers from time to time, such interest to accrue and be chargeable on a daily basis from the date payment was due until payment is made in full.
5.3. The Customer is not entitled to withhold payment or to make any deduction from or set off any amount against any sum payable to the Carrier, without the prior written consent of the Carrier.
5.4. Receipt by the Carrier of any cheque or other form of payment shall not be deemed to be payment or conditional payment until the same has been honoured and cleared, and until such time shall not prejudice or affect the Carrier’s rights, powers or remedies against the Customer or the Vehicles.
6.1. Delivery of Vehicles shall be made by the Carrier to the address indicated in the Contract.
6.2. Where it is not possible for the Carrier to enter onto the Customer’s property to unload Vehicles (by reason, for example, of the width of the driveway or lack of space in which to turn) delivery is deemed complete if the Vehicles are unloaded and left at the entrance to the address shown in the Contract. Where it is possible for the Carrier to enter onto the Customer’s property, delivery is deemed complete when the Vehicles are unloaded onto the Customer’s property.