Terms & Conditions
These Terms and Conditions ("Terms") govern all freight and logistics services provided by FreightLine Australia Pty Ltd and constitute a binding agreement between FreightLine and the Client. By accepting a Quote, placing a booking, or otherwise engaging FreightLine to carry freight, the Client agrees to be bound by these Terms in their entirety. These Terms apply to the exclusion of any terms and conditions of the Client except to the extent expressly agreed in writing by an authorised officer of FreightLine.
1. Definitions
In these Terms, the following words have the meanings set out below unless the context otherwise requires:
- "Carrier" means FreightLine Australia Pty Ltd (ABN 47 823 491 056), its employees, agents, subcontractors and any person whose services are used in connection with the carriage of a Consignment.
- "Client" means the person, corporation or other legal entity that engages the Carrier to provide freight and logistics services, including any person who books a Consignment, pays for a Consignment, or accepts these Terms on behalf of a Consignor or Consignee.
- "Consignment" means any goods, freight, cargo or items accepted by the Carrier for transport pursuant to these Terms, whether constituting a single item or multiple items transported under a single booking reference.
- "Consignor" means the person or entity from whose premises or custody a Consignment is collected, whether or not that person is the Client.
- "Consignee" means the person or entity to whom a Consignment is addressed for delivery, whether or not that person is the Client.
- "Quote" means a written or electronic quotation issued by the Carrier to the Client setting out the proposed charges and service terms for the carriage of a specified Consignment.
- "Contract" means the agreement formed between the Carrier and the Client upon the Client's acceptance of a Quote, whether by written confirmation, electronic acceptance, payment of a deposit, or delivery of the Consignment for transport, whichever occurs first.
- "HVNL" means the Heavy Vehicle National Law as applied in each relevant State and Territory of Australia, and includes all regulations made under that Law.
- "Force Majeure Event" has the meaning given in clause 6.
2. Service Scope
FreightLine Australia provides road freight and logistics services within Australia, including general freight transport, express freight, bulk freight, dangerous goods transport (subject to clause 7), warehousing and distribution, and ancillary logistics services such as freight coordination and consignment tracking. Our services are provided from and between our depot network across Sydney, Melbourne, Brisbane, Perth, Adelaide, Darwin and Hobart, with on-forwarding arrangements available to regional and remote locations.
The services to be provided in respect of a particular Consignment are those described in the relevant Quote and, once a Contract is formed, as set out in the confirmed booking record. Unless expressly included in a Quote, our services do not include: customs clearance or customs brokerage; freight insurance or cargo insurance (clients are responsible for arranging their own cargo insurance — see clause 5); packing, crating or palletisation; installation, connection or commissioning of goods; or any services relating to the internal handling of goods within the Consignee's premises beyond the agreed point of delivery.
Service levels — including estimated transit times, collection windows and delivery timeframes — are set out in the relevant Quote and are estimates only. While we take all reasonable steps to meet quoted timeframes, they are not guaranteed unless expressly stated as guaranteed service times in the Quote and confirmed in the booking record. The Carrier shall not be liable for losses arising from delays in transit that are within reasonable commercial tolerances or that result from circumstances beyond our reasonable control.
3. Quotations and Pricing
All Quotes issued by FreightLine Australia are valid for a period of fourteen (14) calendar days from the date of issue unless a shorter validity period is stated in the Quote or the Carrier notifies the Client of an earlier expiry. A Quote may be withdrawn by the Carrier at any time prior to acceptance. After the validity period has expired, a Quote is no longer binding on the Carrier and a fresh Quote must be requested. Prices quoted are in Australian Dollars and are exclusive of GST unless otherwise stated; GST will be added to all taxable supplies at the rate applicable at the time of supply.
Quoted prices are itemised and include the base freight rate, any applicable depot handling charges, and any surcharges known at the time of quoting. A fuel levy is applied to all Consignments and is adjusted fortnightly in accordance with movements in the national average diesel price as published by the Australian Institute of Petroleum. The current fuel levy rate is disclosed on our website and on all Quotes. Where circumstances material to the pricing of a Consignment change after a Quote is issued — including changes to the Consignment weight, dimensions, or pickup or delivery locations — the Carrier reserves the right to issue a revised Quote prior to dispatch.
Additional charges may apply where the Carrier incurs costs not contemplated in the original Quote, including: tail-lift or crane truck requirements not disclosed at the time of quoting; failed delivery attempts due to the Consignee's unavailability; re-delivery or return freight costs; storage charges where a Consignment cannot be delivered within a reasonable period; and any charges imposed by third parties in connection with the carriage of the Consignment. The Carrier will notify the Client of any such additional charges as soon as practicable. Acceptance of a Quote constitutes the Client's agreement to pay all applicable charges, including fuel levy adjustments, in accordance with clause 4.
4. Payment Terms
For clients holding an approved credit account with FreightLine Australia, invoices are due and payable within fourteen (14) days of the invoice date ("Net 14"). Credit account applications are assessed at the Carrier's absolute discretion. The Carrier may require credit references, trade references, and financial information as part of the credit assessment process, and may impose a credit limit on any approved account. The Carrier reserves the right to review or withdraw credit terms at any time, including where a client has a history of late payment or where the Carrier has reasonable grounds to doubt the client's creditworthiness.
New clients without an approved credit account are required to pay in full at the time of booking or prior to dispatch of the Consignment. Payment may be made by electronic funds transfer (EFT), BPAY, or such other methods as the Carrier may accept from time to time. Credit card payments may be subject to a merchant service fee, which will be disclosed at the time of payment. Payment is deemed received only when cleared funds are credited to the Carrier's nominated bank account.
Where an invoice is not paid by its due date, the Carrier may charge interest on the overdue amount at a rate of two percent (2%) per annum above the cash rate target last published by the Reserve Bank of Australia (RBA) prior to the due date, calculated daily from the due date until the date of actual payment. In addition, the Carrier may, at its discretion: suspend the provision of services to the Client until all overdue amounts are paid; place the Client on a payment-on-booking basis; refer the debt to a collection agency; or pursue recovery of the debt through legal proceedings. The Client agrees to pay all reasonable costs of debt recovery, including legal costs on a solicitor-client basis, where the Carrier is required to take action to recover overdue amounts.
The Client may not withhold or set off any payment owing to the Carrier without the Carrier's prior written consent. Disputed invoices must be notified to the Carrier's accounts team within seven (7) days of the invoice date, with written reasons. Undisputed portions of any invoice remain due and payable by the original due date.
5. Liability and Insurance
The Carrier's liability for loss of or damage to a Consignment that is carried by road within Australia is governed by the applicable provisions of the HVNL, including the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, and by the common law of carriers in Australia to the extent not displaced by the HVNL. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any applicable legislation that cannot lawfully be excluded or limited, including any applicable guarantee under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Subject to applicable law, the Carrier's maximum aggregate liability to the Client for any loss of, damage to, or delay in delivery of a Consignment, arising out of or in connection with these Terms or the carriage of any Consignment, is limited to the lesser of: (a) the actual market value of the Consignment at the time and place of collection; or (b) ten thousand Australian dollars (AUD $10,000) per Consignment. This limitation applies regardless of the cause of loss or damage, whether in contract, tort (including negligence), statute or otherwise, and applies even if the Carrier has been advised of the possibility of such loss.
The Carrier's liability shall be nil in respect of loss or damage arising from: the inherent nature or vice of the goods; inadequate or defective packing or labelling by the Consignor; the Client's failure to comply with any lawful requirement or restriction relating to the carriage of the Consignment; the acts or omissions of the Consignor or Consignee; a Force Majeure Event; or the Consignment containing undisclosed dangerous goods (see clause 7). The Carrier is not liable for consequential, indirect, special or economic loss of any kind, including but not limited to loss of profit, loss of contract, loss of revenue or loss of opportunity, arising out of or in connection with the carriage of any Consignment.
Where the Client wishes to obtain coverage above the standard liability limit, the Client may request declared value cover at the time of booking by nominating a declared value for the Consignment. An additional charge will apply, as set out in our rates schedule. Declared value cover is not freight insurance and is not a substitute for the Client obtaining its own cargo insurance policy. We strongly recommend that all clients arrange their own all-risks cargo insurance, as the Carrier's liability limitations and exclusions mean that the Client may suffer uncompensated loss in the event of damage or loss of a Consignment.
6. Force Majeure
A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party, including but not limited to: flood, storm, cyclone, bushfire, earthquake or other natural disaster; epidemic or pandemic declared by a competent public health authority; industrial action, strike or lockout (whether or not involving the Carrier's own workforce); road closure, bridge closure or route restriction imposed by a government authority; shortage of fuel arising from national supply disruption; government embargo, sanction or prohibition; war, terrorism, riot or civil unrest; and any other act of God or extraordinary event that could not reasonably have been anticipated or prevented by the exercise of reasonable diligence.
Where a Force Majeure Event prevents or delays a party from performing any of its obligations under these Terms, the affected party's obligations are suspended for the duration of the Force Majeure Event to the extent that performance is prevented or delayed. The Carrier shall not be liable to the Client for any loss, damage or delay resulting from a Force Majeure Event, provided the Carrier has complied with its notification obligation as set out in this clause. The affected party must take all reasonable steps to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably practicable.
The party seeking to rely on a Force Majeure Event must notify the other party in writing within twenty-four (24) hours of the Force Majeure Event occurring or becoming known to it, describing the nature of the event, the obligations affected, and the expected duration of the interruption. If a Force Majeure Event continues for a period exceeding fourteen (14) consecutive days, either party may terminate the affected booking or Contract by written notice, in which case any prepaid charges for services not yet rendered will be refunded on a pro-rata basis.
7. Dangerous Goods
The Client must, at the time of booking, declare any Consignment that contains or is suspected to contain dangerous goods as classified under the Australian Dangerous Goods Code (ADG Code) or any relevant United Nations classification. The declaration must include: the UN number and proper shipping name; the ADG/UN hazard class and packing group; the quantity and type of packaging; any special transport requirements; and a completed dangerous goods declaration in the form required by applicable law and the Carrier. The Client is responsible for ensuring that dangerous goods are properly classified, packaged, labelled, marked, and documented in accordance with the ADG Code and all other applicable legislation and regulations.
The Carrier reserves the right, at its absolute discretion, to refuse to accept any Consignment that contains dangerous goods, or to impose special conditions on the carriage of such Consignment, including requirements for segregation, special vehicle types, or restricted transit routes. The Carrier may also suspend or terminate carriage of a Consignment mid-transit where it discovers or has reasonable grounds to believe that undisclosed dangerous goods are present, without incurring any liability to the Client for the costs or consequences of that suspension or termination.
The Client indemnifies and holds harmless the Carrier, its employees and agents against all claims, losses, damages, fines, penalties, costs and expenses (including legal costs on a full indemnity basis) arising from or in connection with: the Client's failure to declare dangerous goods at the time of booking; incorrect, incomplete or misleading dangerous goods documentation; improper packaging or labelling of dangerous goods by the Consignor; or any breach by the Client or Consignor of applicable dangerous goods law or regulation. This indemnity survives the termination or completion of any Contract.
8. Cancellation Policy
The Client may cancel a confirmed booking by providing written notice to the Carrier's operations team at [email protected] or by telephone to (02) 9687 4232. Cancellation charges are assessed by reference to the time of notice relative to the scheduled dispatch time, as follows: where written cancellation notice is received by the Carrier more than four (4) hours before the scheduled pickup time, no cancellation charge applies and any prepaid amounts will be refunded in full; where written cancellation notice is received between zero and four (4) hours before the scheduled pickup time, a cancellation charge of twenty-five percent (25%) of the total quoted charge (inclusive of fuel levy and surcharges) will apply; where a booking is cancelled after dispatch has occurred, a cancellation charge of fifty percent (50%) of the total quoted charge will apply.
For the purposes of this clause, "dispatch" means the departure of the Carrier's vehicle from the Carrier's depot or from a prior stop on the scheduled route, whichever occurs earlier, for the purpose of collecting the Client's Consignment. The Carrier will use reasonable efforts to confirm the dispatch time upon the Client's request. Cancellation charges are invoiced to the Client and are due and payable in accordance with the payment terms in clause 4.
The Carrier reserves the right to cancel a booking at any time where: the Client has failed to make payment as required; the Consignment does not conform to the description provided at the time of booking; a Force Majeure Event prevents performance; or the Carrier has reasonable grounds to believe the Consignment contains undisclosed dangerous goods. Where the Carrier cancels a booking for any reason other than the Client's default, any prepaid amounts will be refunded in full within ten (10) business days.
9. Dispute Resolution
The parties agree to use their best endeavours to resolve any dispute arising out of or in connection with these Terms or any Contract through good faith direct negotiation before commencing formal dispute resolution procedures. A party wishing to raise a dispute must provide written notice to the other party's designated contact, setting out the nature of the dispute and the resolution sought. The parties must meet (in person, by telephone or by video conference) within ten (10) business days of the notice to attempt to resolve the dispute. All communications during this direct negotiation phase are without prejudice and may not be disclosed in any subsequent proceedings.
If the parties are unable to resolve the dispute through direct negotiation within twenty (20) business days of the initial dispute notice (or such longer period as they may agree in writing), either party may refer the dispute to mediation conducted by the Australian Commercial Disputes Centre (ACDC) in accordance with the ACDC Mediation Rules in force at the time of the referral. Mediation is a confidential process and the mediator shall not have the power to make binding decisions. The costs of mediation shall be shared equally between the parties unless otherwise agreed. Nothing in this clause prevents a party from seeking urgent injunctive or declaratory relief from a court where necessary to preserve its rights or prevent irreparable harm.
If mediation fails to resolve the dispute within thirty (30) days of the appointment of the mediator, or if either party refuses to participate in mediation, either party may commence legal proceedings in the courts of New South Wales as provided in clause 10. The parties agree that the dispute resolution process set out in this clause is a condition precedent to the commencement of litigation, except in relation to claims for urgent interlocutory relief.
10. Jurisdiction
These Terms and all Contracts formed under them are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia. The laws of New South Wales apply to the exclusion of the laws of any other jurisdiction, including the laws of any country where the Client may be incorporated or resident, and to the exclusion of any choice-of-law rules that would result in the application of the laws of another jurisdiction.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales (including the District Court of New South Wales, the Supreme Court of New South Wales, and the Federal Court of Australia sitting in New South Wales) for the determination of any dispute that cannot be resolved through the dispute resolution procedure in clause 9. Each party waives any objection it may now or in the future have to the courts of New South Wales as an appropriate or convenient forum.
Where the Client is a corporation incorporated outside of New South Wales, the Client agrees to appoint and maintain a registered agent in New South Wales for the service of legal process in connection with any proceedings arising out of or in connection with these Terms or any Contract. Nothing in this clause limits the Carrier's right to seek enforcement of a judgment or order in any jurisdiction in which the Client has assets.