Transport Conditions Road Carriage Of Vehicles
Transport Conditions
1. Definitions. In these conditions:
“REDSTAR” means ALICE CAR CENTRE PTY LTD (ACN 008 173 114) and its related bodies corporate when
the mean of that expression in Section 9 of the Corporations Act carrying on business as Redstar Car
Carriers and under any business names and
their officers, servants, agents and Sub-Contractors.
“Sub-Contractor” means:
1.1 any Person REDSTAR arranges to Transport your vehicle, and
1.2 any Person who is a servant, agent, employee or sub-contractor of REDSTAR or any person in 1.1.
“Person” includes any person, firm, corporation, governmental authority or state or federal
government.
“Transport” means the whole of the operations and services undertaken by REDSTAR for the transport
of your vehicle.
“Your Vehicle” means your vehicle accepted from the Sender.
“Charges” means REDSTAR’S quoted charges for Transport calculated under the rates schedule or other
agreed rates, the charges in 6 and any tax including a goods and services tax (“GST” levied directly on a
transaction or supply under these conditions.
2. Transport Basis
2.1 REDSTAR IS NOT A COMMON CARRIER and does not accept any liability as a common carrier AND
MAY REFUSE TO TRANSPORT YOUR VEHICLE OR ANY CLASS OF MOTOR VEHICLE FOR ANY PERSON.
2.2 REDSTAR relies on the details supplied to it but REDSTAR cannot verify and does not admit their
accuracy or completeness and a signature by REDSTAR is only an acknowledgement for the item
received.
2.3 REDSTAR will not deliver your vehicle to other than its depot nearest to the Receiver’s address
unless by special arrangement in writing and provided suitable delivery facilities are available at all
hours.
3. Sender’s Obligations - The Sender must:
3.1 not tender for transport any vehicle in an unsafe condition or the carriage of which may result in
damage to Redstar property or other vehicles.
3.2 not to tender for transport any vehicle which is or becomes unable to be driven on or off of
REDSTAR’S transport.
3.3 not tender for transport your vehicle with physical characteristics and dimensions which may result in
or cause damage to your vehicle as a result of the carriage.
4. Sender’s Warranties and Indemnities.
4.1 Your vehicle does not contain the following prohibited items:
4.1.1 knives, weapons and firearms of any type;
4.1.2 items that may become or are dangerous, such as compressed gases, corrosives (such as wet seal
batteries, items containing mercury, bleaches, acids and alkalies), explosives (including fireworks and
flares), flammables (such as paints, thinners, or
petroleum products), oxidising materials (such as hydrogen peroxide), poisons (such as pesticides and
herbicides), or radioactive material;
4.1.3 items prohibited by any applicable law, regulation or order.
4.1.4 animals.
4.2 the person delivering your vehicle to REDSTAR for transport is authorised to do so and to sign the
contract;
4.3 it is either the carrier or the authorised agent of the owner of your vehicle and it accepts these
conditions for itself and the receiver as well as for any other person for whom the sender is acting, and
4.4 neither it nor any other person will make an allegation or claim against REDSTAR or any other person
about the transport.
AND the Sender indemnifies REDSTAR from any loss, damage, expense, penalty, fine or liability arising
from a breach of these warranties, the Sender’s obligations or these conditions.
5. REDSTAR’s Rights.
5.1 If in REDSTAR’s opinion your vehicle is or is liable to become dangerous, inflammable, explosive,
volatile, offensive or damaging in nature, REDSTAR may at any time and at the Sender’s cost destroy,
dispose of, abandon or render it harmless without
compensation to the Sender, Receiver or Third Party and without prejudice to REDSTAR’s right to any
Charges.
5.2 REDSTAR is authorised to deliver the Goods at the address of its depot nearest to the address given
to REDSTAR by the Sender or any other address agreed in writing and REDSTAR will be taken to have
delivered the vehicle if at either address REDSTAR
obtains from any person an acknowledgement of delivery.
5.3 If the Receiver fails to take delivery of your vehicle REDSTAR may:
5.3.1 deposit your vehicle at its depot nearest to the Receiver’s address;
5.3.2 store your vehicle or
5.3.3 return your vehicle to the Sender
and its action under 5.3.1, 5.3.2 or 5.3.3 will constitute delivery.
5.4 If the Receiver’s address is a town or place where REDSTAR does not have a receiving depot,
REDSTAR will be taken to have delivered your vehicle if it is delivered to the agreed place of delivery.
5.5 REDSTAR may arrange for transport of your vehicle by any Sub-Contractor on any terms.
5.6 If REDSTAR believes it is necessary or desirable, REDSTAR may deviate from the usual route or
method of Transport.
6. Charges
6.1 The Sender must or, if a Person other than the Sender is nominated on the front, then that Person
must:
6.1.1 unless otherwise agreed, pay REDSTAR the Charges in Australian dollars on the date of REDSTAR’s
invoice;
6.1.2 pay any charge for demurrage at the rate charged to REDSTAR directly or indirectly;
6.1.3 pay REDSTAR’s expenses and charges to comply with any law or regulation or any order or
requirement made under them;
6.1.4 if REDSTAR requires, pay an additional charge at industry rates if the Receiver is not present during
normal trading hours.
6.1.5 pay the cost, expenses or loss to REDSTAR of destruction or disposal under 5.1.2 storage and
return under 5.3.
6.1.6 pay the cost, expense or loss to REDSTAR of a breach of the Sender’s obligations under 3.2.
6.1.7 compensate REDSTAR for any cost, expense or loss to REDSTAR’s property or any Person caused by
your vehicle;
6.1.8 if any Charges are not paid on the date for payment, pay interest on the unpaid Charges at a rate
of 4% higher than the prevailing rate under the Penalty Interest Rates Act 1983 and pay any charge or
amount owing to REDSTAR under any other contract.
6.2 If a Person other than the Sender is nominated to pay the Charges and doesn’t do so within 2 days of
the date for payment, the Sender must pay the Charges and a transfer charge in the sum required by
REDSTAR in accordance with its rates schedule
immediately upon REDSTAR’s demand.
6.3 REDSTAR’s Charges are earned as soon as your vehicle is delivered and whether it is delivered to the
Receiver or not and whether damaged or not.
6.4 REDSTAR’s quoted charges represent the exclusive value of the supply for GST purposes
7. Owners Risk
7.1 Liability of REDSTAR is excluded by the terms of this agreement and your vehicle is transported at
your risk.
7.2 Because REDSTAR’s liability for your vehicle is excluded, REDSTAR recommends that you obtain
transit insurance to cover:
• damage to your vehicle;
• loss of goods carried in or attached to your vehicle.
8. Lien
8.1 REDSTAR has a general lien on your vehicle and on any goods of the Sender for all Charges due or
which become due on any account whether for Transport of your vehicle or any other goods or any
other REDSTAR service.
8.2 If the Charges are not paid or the Sender or Receiver fails to take delivery on return of your vehicle
REDSTAR may without notice and store your vehicle as REDSTAR thinks fit at the Sender’s risk and
expense.
8.3 REDSTAR may deduct or set-off from any monies due from REDSTAR to the Sender under any
contract, debts and moneys due from the Sender to REDSTAR under these conditions or any contract.
9. Claims
9.1 If REDSTAR is liable for damage to or loss of your vehicle or any part of your vehicle, no claim for the
loss or damage may be made unless notice of the claim is lodged in writing on the date of and at
delivery or, for non-delivery, within 7 days of the anticipated
date of delivery.
9.2 The failure to notify a claim within a time under 9.1 is evidence of satisfactory performance by
REDSTAR of its obligations.
9.3 Despite and other conditions except 11, REDSTAR will be discharged from all liability for loss or
damage or the Transport of your vehicle unless an action is brought within 6 months of delivery or the
anticipated date of delivery.
10. Exclusions and Limitations
10.1 Subject to 11, REDSTAR excludes from these conditions all conditions, warranties and terms implied
by statute, general law or custom.
10.2 Subject to 11, REDSTAR excludes all liability to any Person, including the Sender, for acts or
omissions of REDSTAR in tort (including negligence), contract, bailment or otherwise for loss of, damage
to or deterioration or contamination of your vehicle, or any
delay, non-delivery or other failure to supply the Transport or arising out of your vehicle, the Transport
or these conditions.
10.3 And subject to 11, REDSTAR excludes all iability for, and the Sender and Receiver release and
indemnify REDSTAR against all loss, damage, cost and expense from any claim by any Person in tort
(including negligence), contract, bailment or otherwise for loss
or damage to any property, injury to, or death of any person arising out of any acts or omissions of
REDSTAR or any or all of your vehicle, the Transport any delay, non-delivery or other failure to supply
the Transport of these conditions.
10.4 The exclusions, releases and indemnities in 10.2 and 10.3 extend to loss of profits, business or
anticipated savings or any other indirect or consequential damage and to economic loss and even if
REDSTAR knows they are possible or otherwise foreseeable.
10.5 These conditions apply in all circumstances arising from a fundamental breach of contract or
breach of a fundamental term.
10.6 REDSTAR, in addition to acting for itself, also acts as agent of and trustee for each of its servants,
agents and Sub-contractors so they are entitled to the full benefit of these conditions, including any
exclusions or limitations of liability, to the same extent as REDSTAR.
10.7 Even if REDSTAR breaches any of these conditions, all the rights, immunities and limitations of
liability in these conditions continue to have their full force and effect in all circumstances.
11. Trade Practices Act.
These conditions are subject to any applicable implied warranty in the Trade Practices Act 1974 which
cannot be excluded, restricted or modified.
12. Law
These conditions are governed and must be construed under the laws of the Northern Territory of
Australia and the parties submit to the exclusive jurisdiction of the courts of that Territory.
13. Severability
If a condition or part is unenforceable the unenforceability does not affect any other part of the
condition or any other condition.
14. Variations and Waiver.
14.1 REDSTAR is not bound by any waiver, discharge or release of a condition or any agreement which
varies these conditions unless it is in writing and signed for REDSTAR by an authorised officer.
14.2 If REDSTAR waives a breach of a condition the waiver does not operate as a waiver or another
breach of the same or any other condition or as a continuing waiver