1. DEFINITIONS
- Customer: means the person or company placing an order with Lift Master Crane Truck Logistics for the hire of Services.
- Approved Customer or Customer: means a hirer having an account in good standing with Lift Master Crane Truck Logistics.
- Conditions: means these Standard Conditions of Sale.
- Force Majeure: means an event beyond the control of either party subject to Clause 14.
- Goods: means all wares, merchandise, materials, plant, machinery, or motor vehicles.
- Services: means services, trucks, plant, and equipment supplied by Lift Master Crane Truck Logistics pursuant to these conditions to the Customer or as the Customer may direct.
2. INTERPRETATION
In this Agreement, unless the context indicates a contrary intention:
a) References to the singular include the plural.
b) If a word or phrase is defined, cognate words and phrases have corresponding definitions.
c) References to a statute, ordinance, code, or other law include regulations and other statutory instruments under it and consolidations, amendments, re-enactments, or replacements of any of them.
d) Headings do not affect the interpretation of this Agreement.
3. TERMS OF SALE
3.1. These conditions shall apply to all orders for Services placed by the Customer with Lift Master Crane Truck Logistics and shall prevail over all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the Customer’s order are inconsistent with these conditions, the delivery of the Services to the Customer or as the Customer directs shall constitute an offer by Lift Master Crane Truck Logistics to hire the Services to the Customer pursuant to these conditions, which offer the Customer shall be deemed to accept by hiring the Services.
4. ORDERS
4.1. The Customer must provide an accurate description of the Goods so Lift Master Crane Truck Logistics can provide an accurate quote for the Services. Failure to provide an accurate description of the Goods may result in additional charges to the Customer.
4.2. The Customer must disclose to Lift Master Crane Truck Logistics if the Goods are or may become dangerous or offensive. Failure to disclose dangerous or offensive Goods may result, at Lift Master Crane Truck Logistics absolute discretion, in Lift Master Crane Truck Logistics rescinding their Services.
4.3. Lift Master Crane Truck Logistics reserves the right to accept or to decline in whole or part any order, and any order or part order not accepted is deemed canceled. Quotations, unless otherwise stated, are given subject to the receipt of the Customer’s order and acceptance thereof by Lift Master Crane Truck Logistics and are subject to supply and price fluctuations without notice.
4.4. Orders by telephone shall be proof-read to the Customer who shall have sole responsibility for the accuracy of the instructions and specifications included in telephone orders. Orders written by Lift Master Crane Truck Logistics telephone operator shall be conclusive evidence of such order and its particulars.
4.5. The date for delivery (if any) is the estimated and tentative date for delivery only, and Lift Master Crane Truck Logistics shall be under no liability for any loss or damage howsoever arising if the Services are not delivered by that date. When delivery is delayed by a cause beyond the control of Lift Master Crane Truck Logistics, then the estimated date for delivery shall be extended until the cessation of the effect of such delaying cause.
4.6. If the Customer has declared the weight of the Goods and Lift Master Crane Truck Logistics had relied upon such declared weight, then the Customer shall be responsible for all extra costs and risk incurred by Lift Master Crane Truck Logistics and shall be liable for any loss or damage either directly or indirectly to Lift Master Crane Truck Logistics by reason of Lift Master Crane Truck Logistics having relied upon such declared weight.
5. QUOTATIONS
5.1. Quotations make no allowance for waiting time, and all extra costs arising from waiting time shall be an additional charge to the Customer.
5.2. Quotations are based upon the prompt availability of the Goods for loading. Failure in the Customer providing prompt availability of the Goods shall result in Lift Master Crane Truck Logistics applying a charge to the Customer in respect of the delay.
5.3. Quotations are subject to Lift Master Crane Truck Logistics having clear access and maneuvering into loading or unloading positions and a stable and firm ground surface. Any site preparation costs required for Lift Master Crane Truck Logistics to complete the Services will be an additional charge to the Customer.
5.4. Should the weights and dimensions exceed those stipulated on this quotation, Lift Master Crane Truck Logistics may at its absolute discretion revoke the quotation and charge the Customer accordingly.
6. DELAYS
6.1. Any delays caused beyond the control of Lift Master Crane Truck Logistics or where the delay is caused by Lift Master Crane Truck Logistics following instructions given by the Customer or the Customer’s representative, the cost of such delay shall be an additional charge to the Customer.
6.2. Where a vehicle is bogged while following instructions from the Customer or the Customer’s representative, the cost of recovering the vehicle shall be an additional charge to the Customer, along with any damage to equipment or plant caused by the recovery shall be an additional charge to the Customer.
7. TITLE
Until payment in full to Lift Master Crane Truck Logistics for the Services:
7.1. Property in the Services remains with Lift Master Crane Truck Logistics, and the Customer agrees to hold the Services as Bailee for Lift Master Crane Truck Logistics.
7.2. Lift Master Crane Truck Logistics may at any time terminate any contract relating to the Services and the bailment without notice to the Customer and may thereupon take possession of the Services.
7.3. The Customer shall not hold itself out as the owner of any of the Services of Lift Master Crane Truck Logistics, and the Customer shall deliver up on demand by Lift Master Crane Truck Logistics Services on its premises or on the premises of a third party as an agent or contracting party for the Customer, and if the Customer fails to do so, the Customer authorizes Lift Master Crane Truck Logistics by its servants or agents to enter any premises owned, leased, or otherwise occupied by the Customer for the purpose of taking possession of the Services and plant and equipment and authorizes Lift Master Crane Truck Logistics by its servants or agents to use all reasonable force to obtain such possession; and the cost of retaking possession of the Services as above shall constitute additional charges payable by the Customer to Lift Master Crane Truck Logistics.
7.4. In the event that Lift Master Crane Truck Logistics elects to retake possession of the Services and they are not situated at the Customer’s premises, the Customer shall so arrange it that Lift Master Crane Truck Logistics is entitled to and may collect the Services wherever they are situated.
8. INVOICES
8.1. The Customer shall notify Lift Master Crane Truck Logistics in writing within three (3) days of the date of issue of the invoice of any objection or discrepancy as to the invoice.
8.2. Failure to notify Lift Master Crane Truck Logistics within three (3) days of any objection or discrepancy under Clause 8.1, the Customer shall deem the Invoice as correct in its entirety, and the amount stipulated on the Invoice shall remain due and payable by the Customer to Lift Master Crane Truck Logistics.
8.3. Lift Master Crane Truck Logistics shall accept no liability for non
-delivery of Services invoiced unless written notification of such non-delivery is received within that period. Lift Master Crane Truck Logistics liability for non-delivery shall be limited to replacement of the Services within a reasonable time or crediting the invoice.
8.4. Statements shall be sent to approved Customers each month comprising all invoices issued during the relevant month and all outstanding invoices as of the date of the statement.
9. TERMS OF PAYMENT
9.1. Payments for Services shall be made to Lift Master Crane Truck Logistics strictly within seven (7) days from the date of the invoice, unless otherwise specifically agreed. Each invoice shall be paid in full notwithstanding any outstanding deliveries.
9.2. For approved Customers, payments for Services shall be made to Lift Master Crane Truck Logistics within seven (7) days from the date of the invoice, unless otherwise specifically agreed. Each invoice shall be paid in full notwithstanding any outstanding deliveries.
9.3. Invoice amounts that have not been paid as aforesaid may attract an interest charge at the rate of 2% per calendar month. The interest shall be calculated from the date when such payment fell due and payable until paid and notwithstanding any agreement for the extension of time of payment.
9.4. All payments Lift Master Crane Truck Logistics receives shall be applied first towards the reduction of any interest owing and then in the reduction of any principal amount.
9.5. Where payments are overdue, Lift Master Crane Truck Logistics may at its option either cancel incomplete contracts or orders forthwith or suspend the delivery of Services yet to be delivered without prejudice to any other remedy.
9.6. In the event that the Customer instructs Lift Master Crane Truck Logistics to debit its account with a paying agent and to send invoices to be paid by a paying agent acting on behalf of the Customer, the same Terms of Trade shall be applicable to the paying agent, unless otherwise agreed in writing by Lift Master Crane Truck Logistics, the Customer, and the paying agent.
9.7. In the event the Customer’s financial condition shall become impaired prior to delivery or full payment to Lift Master Crane Truck Logistics, the Customer shall notify Lift Master Crane Truck Logistics immediately.
9.8. In the event that Lift Master Crane Truck Logistics in its sole and unfettered discretion finds the financial condition of the Customer or its paying agent unsatisfactory (with or without notice from the Customer), Lift Master Crane Truck Logistics may exercise any or all of the following options at any time:
- Demand immediate payment.
- Suspend all further deliveries.
- Terminate any agreement upon two (2) days written notice to the Customer, without limitation of any other rights or remedies a person or company shall have under the law.
9.9. The Customer, in the event of its default hereunder, either directly, indirectly or through an agent, shall be liable for Lift Master Crane Truck Logistics damages to the Services (including expenses, legal costs, and the cost of collection) in addition to other remedies the company shall have under the law.
9.10. Lift Master Crane Truck Logistics shall not be liable for any loss or costs that the Customer may incur as a result of any suspension or termination of Service(s) that Lift Master Crane Truck Logistics may impose onto the Customer at any time under Clause 9.6
10. WARRANTIES
10.1. Lift Master Crane Truck Logistics represents and warrants to its Customer that Lift Master Crane Truck Logistics and any of its employees are fully qualified to provide the Services and hold such trade, professional or other qualifications and have such experience as is necessary to render the Services in a proper, skillful, diligent, and professional manner.
10.2. Unless otherwise agreed Lift Master Crane Truck Logistics liability is limited to the supply of Services in conformity with Lift Master Crane Truck Logistics standard specification therefor.
11. INSURANCE
11.1. Lift Master Crane Truck Logistics neither offers nor arranges insurance for any damage, loss, or delay to any Goods except upon the written instructions of the Customer and then only at the Customer’s expense and upon receipt of a declaration of value a reasonable time prior to pick up.
11.2. The Customer acknowledges and agrees that the price charged for the Services does not offer or arrange insurance of the Goods.
12. INDEMNITY
The Customer shall indemnify Lift Master Crane Truck Logistics against –
12.1. Loss of or damage to property of the Customer, including existing property in or upon which the Services are being carried out.
12.2. Any delay, mis-delivery or failure to deliver the Goods and/or Services.
12.3. Claims by any person against Lift Master Crane Truck Logistics in respect of personal injury or death or loss of or damage to any property, arising out of or as a consequence of the carrying out of the Services under this Agreement.
12.4. Indemnity shall be reduced proportionally to the extent that the act or omission of Lift Master Crane Truck Logistics or employees or agents of Lift Master Crane Truck Logistics may have contributed to the loss, damage, death, or injury.
13. LIMITATION OF LIABILITY AND INDEMNITY
13.1. Subject to Clauses 11 & 12, which are paramount, Lift Master Crane Truck Logistics shall be discharged from all liability whatsoever in respect of the Services, where notice in writing of a claim has not been given to Lift Master Crane Truck Logistics within;
i. Twenty-one (21) days of the date of delivery or where delivery has not been made; or
ii. Twenty-one (21) days of the date when delivery ought to have or would have in the course of business been effected.
13.2. Where legal proceedings are not brought within:
i. Twelve (12) months of the date of delivery; or
ii. Where delivery has not been made, within twelve (12) months of the date when delivery ought to have or would have in the course of business been effected.
14. FORCE MAJEURE
14.1. If, owing to an act of God, war, strikes, lock-outs, industrial disputes, work bans, blockades, picketing, fire, flood, drought, or any other cause beyond the control of either of the parties, the Hire Agreement cannot be carried out, then the Hire Agreement may be terminated by either party upon written notice within 7 days of the date of the event which has given rise to the operation of this force majeure.
14.2. The Customer shall be liable for any costs that the Lift Master Crane Truck Logistics may incur in the event that Lift Master Crane Truck Logistics cannot complete fulfilling the Service(s) due to any picketing, strikes, lock-outs, or any other form of industrial dispute that may occur from time to time.
14.3. These Terms of Trade and this contract between Lift Master Crane Truck Logistics and the Customer shall be governed by the laws of South Australia, and the parties accept the jurisdiction of the Courts of South Australia in respect of any action taken under this Agreement.
15. GST
15.1. All amounts payable under this Agreement are inclusive of GST. Each party agrees that to the extent it makes taxable supplies under this Agreement, it shall issue a tax invoice to the other party.
15.2. In Clause 15.1 “Taxable Supply” and “GST” have the meanings set out in the A
New Tax System (Goods and Services) Act 1999 (Cth).
16. GENERAL TERMS
16.1. These conditions and any contract incorporating the same shall be governed by and construed in accordance with the laws of the State of South Australia, and the parties hereto accept the non-exclusive jurisdiction of courts exercising jurisdiction in that State.
16.2. Lift Master Crane Truck Logistics' failure to insist upon strict performance of any of the terms herein shall not be deemed a waiver of any rights or remedies that Lift Master Crane Truck Logistics may have and shall not be deemed a waiver of any subsequent breach or default or default in their terms, conditions, and covenants herein contained.
16.3. Lift Master Crane Truck Logistics is not a common carrier and shall not accept the obligations or liabilities of a common carrier.
16.4. Lift Master Crane Truck Logistics has the right to vary these Terms of Trade at any time by notice to the Customer, and thereafter, the varied Terms of Trade are binding on the Customer.
16.5. The Customer warrants that the person engaging Lift Master Crane Truck Logistics Services agrees to these Terms of Trade and has the authority of the Customer to do so and is empowered by the Customer to bind the Customer to these Terms of Trade and hereby indemnifies Lift Master Crane Truck Logistics against all losses, costs, and claims incurred by Lift Master Crane Truck Logistics arising out of the person so signing these Terms of Trade not having such power and/or authority.