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When & Where Logistics Pty Ltd – Terms and Conditions of Credit and Carriage

1. DEFINITIONS AND INTERPRETATION

  • “Carrier” means When & Where Logistics Pty Ltd (and includes its successors, assigns, agents, and employees).
  • “Customer” means the applicant for credit, the person or entity booking services, or any person acting on behalf of and with the authority of the Customer.
  • “Goods” means all cargo, items, goods, and property of any description whatsoever provided by the Customer to the Carrier for transport or storage services.
  • “PPSA” means the Personal Property Securities Act 2009 (Cth).

2. GENERAL CONDITIONS & ACCEPTANCE

  • 2.1 Non-Common Carrier: The Carrier is not a common carrier and accepts no liability as such. All services are provided solely subject to these Terms and Conditions.
  • 2.2 Rejection of Inconsistent Terms: Any conditions or terms of a Customer’s order or documentation that are inconsistent with these conditions are expressly rejected by the Carrier. No variation to these terms will bind the Carrier unless agreed to in writing by an authorized director of the Carrier.
  • 2.3 Quotations and Orders: A quotation does not constitute an offer. No contract exists until the Carrier explicitly accepts the Customer’s order in writing or via confirmation notice. The Carrier reserves the absolute discretion to accept or refuse any order.
  • 2.4 Confidentiality of Pricing: All rates and pricing are strictly confidential. The Customer must not disclose pricing information to any third party without the Carrier’s prior written consent.
  • 2.5 Business Structure Changes: The Customer must immediately notify the Carrier in writing of any change to its business structure, ownership, control, or management, and submit a new trade credit application.
  • 2.6 Trustee Liability: Where the Customer enters into this agreement as a trustee of a trust, they are bound both personally and in their capacity as trustee. A copy of the trust deed must be provided within seven (7) days of a request by the Carrier.

3. TERMS OF CREDIT, PRICING, AND PAYMENT

  • 3.1 Guarantee Requirement: If the Customer is a company or a trustee company, its directors must execute a Deed of Guarantee and Indemnity upon request.
  • 3.2 Strict Payment Terms: Payment for all transport, logistics, and other services must be made within seven (07) days from the date of the invoice rendered by the Carrier, unless alternative credit terms (maximum 14 days) or COD terms are explicitly authorized in writing by the Carrier.
  • 3.3 Default and Interest: If the Customer defaults on any payment, all amounts due to the Carrier immediately become due and payable. Overdue amounts will incur interest at the rate of 12% per annum from the due date until the date of actual payment.
  • 3.4 Default Costs: The Customer must pay all legal costs (on an indemnity basis), collection agency fees, and dishonored payment fees incurred by the Carrier as a result of any payment default.
  • 3.5 Credit Card Surcharge: Invoices paid by credit card will attract a non-refundable 2% surcharge.
  • 3.6 Variation or Withdrawal of Credit: The Carrier may unilaterally withdraw, suspend, or vary the terms of the Customer’s credit facilities at any time without prior notice.
  • 3.7 Late Fees (Discretionary): In addition to statutory interest, the Carrier reserves the right to charge an additional administrative late fee for delayed payments.

4. BOOKINGS, CANCELLATIONS, AND OPERATIONAL POLICIES

  • 4.1 Booking Accuracy: Customers must provide accurate and complete booking information, including exact pickup/drop-off locations, contact details, and the precise dimensions (Length x Width x Height) and gross weight of each item.
  • 4.2 Cancellation Policy: Bookings must be cancelled with a minimum of 24 hours’ notice prior to the scheduled pickup time. Cancellations made inside this window will incur a cancellation fee.
  • 4.3 No-Show Policy: If the Customer’s goods are not present, ready, or accessible at the agreed time and location for pickup, the Carrier reserves the right to charge a no-show fee.
  • 4.4 Packaging and Prohibited Goods:
    • Customers are strictly responsible for ensuring goods are securely packed in compliance with safety regulations. The Carrier accepts no liability for damage resulting from improper packaging.
    • Transport of prohibited goods (including hazardous materials, illegal substances, and perishable items without prior written handling instructions) is strictly forbidden.

5. GRANT OF SECURITY INTEREST AND PPSA

  • 5.1 Charge and Security Interest: The Customer charges and grants a security interest to the Carrier over all of the Customer’s present and future right, title, and interest in any property whatsoever as security for all monies now or in the future owed to the Carrier.
  • 5.2 Power of Attorney: The Customer irrevocably appoints the Carrier’s company secretary as its attorney to execute any real property mortgage, security agreement, caveat consent, or registration document necessary to protect the Carrier’s security interest.
  • 5.3 PPSA Waivers: To the maximum extent permitted by law, the Customer waives its rights to receive verification statements, notices of disposal, or notices of intention to enforce security interests under the PPSA (including sections 95, 118, 121(4), 125, 130, 132, 135, 137(2), 142, and 143), and agrees not to disclose information under section 275(1) of the PPSA.

6. LIABILITY, FORCE MAJEURE, AND INSURANCE

  • 6.1 Limitation of Liability: The Carrier’s liability for any loss of or damage to goods is strictly limited to the coverage provided by the Carrier’s standard cargo insurance per shipment/load, unless the Customer explicitly declares a higher value and pays additional insurance fees prior to transit.
  • 6.2 Force Majeure: The Carrier is not liable for any delay, failure, or default in service delivery caused by events beyond its reasonable control, including natural disasters, accidents, strikes, civil unrest, government restrictions, pandemics, or mechanical breakdown.
  • 6.3 Customer Insurance: Customers are strongly advised to arrange their own comprehensive transit and cargo insurance for high-value shipments.

7. SERVICE, TERMINATION, AND GOVERNING LAW

  • 7.1 Service of Documents: The Customer agrees to accept service of any legal notice or originating process sent via prepaid post to any address nominated in the credit application or later notified to the Carrier.
  • 7.2 Termination by the Carrier: The Carrier may immediately terminate or suspend services and credit facilities if the Customer fails to pay, breaches these terms, becomes bankrupt, enters administration, or exhibits hostility toward staff.
  • 7.3 Governing Law: This agreement is governed by and construed in accordance with the laws in force in the State of New South Wales, Australia, and the Customer submits to the non-exclusive jurisdiction of the courts of New South Wales.
  • 7.4 Severability: If any provision of these terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

IMPORTANT NOTICE & EXECUTION

I certify that the information supplied in this application is true and correct, and that I am fully authorized by the Customer to bind it to these Terms and Conditions of Credit and Carriage.