Artransit
Terms & Conditions
1. Definitions and Interpretations
In these Terms and Conditions:
ACL means the Australian Consumer Law as set out in set out in Schedule 2 of the Act.
Act means the Competition and Consumer Act 2010 (Cth).
Customer means the person who requests Artransit to perform the Services and/or
includes any other person who signs the freight consignment note or other document on
which these Terms and Conditions are printed, other than ARTransit.
Artransit means Michael W Baird trading as Artransit (ABN 56 858 252 155) and its
employees and subcontractors.
Goods means the goods accepted from the Customer in respect to which the Services are
to be provided, together with any container, packaging or pallets supplied to or on behalf
of the Customer.
Services means the services undertaken by Artransit in connection with the Goods
including, but not limited to, the packing, handling, transportation and/or storage of the
Goods.
PPSA means the Personal Properties Securities Act 2009 (Cth).
2. Price
The Customer agrees to pay the Price quoted for the Services to Artransit, for the
services of Artransit, together with any GST applicable.
3. Payment
3.1 The Customer agrees to pay for the Services within 14 days following receipt of an invoice
or a request for payment by Artransit and safe delivery of the goods.
3.2 If the Customer instructs Artransit that the Price is to be paid by a third party, and if that
party does not pay the Price within 14 days following receipt or a request for payment
from Artransit, then the Customer will be liable to pay the Price.
4. Default
4.1 Where the Customer fails to pay the Price in accordance with clause 3, the Customer
agrees to:
(a) pay 10% p.a. interest calculated on a monthly basis on the amount due; and
(b) reimburse Artransit for all costs, including collection and legal costs, incurred by
Artransit, as a consequence of the Customer’s non- payment of the Price.4.2 The Customer agrees that payments made in accordance with this clause shall be applied,
firstly, as a reimbursement of all costs incurred by Artransit in accordance with clause
4.1(b), secondly, in payment of any interest charged to the Customer in accordance with
clause 4.1(a) and, thirdly, in satisfaction or part satisfaction of the Price.
5. Not a Common Carrier
Artransit is not a common carrier and provides the Services only in accordance with
these Terms and Conditions, and reserves the right to accept or reject in its absolute
discretion any request received by it for the provision of Services.
6. Customer Authorises Agent
Where the person delivering the Goods to Artransit is not the Customer, the Customer
authorises that person to sign the consignment note on its behalf.
7. Ownership of Goods
The Customer expressly warrants that it is either the owner of the Goods or is authorised
by the owner, to request that the Services be provided in respect of the Goods.
8. Method of Handling Goods
8.1 The Customer must provide written notice to Artransit prior to retaining Artransit to
perform Services if the Goods:
(a) are sensitive to changes in temperature or humidity
(b) are fragile or unstable, particularly if they are not readily apparent as such; or
(c) are subject to any known risk or if precautionary measures whatsoever are required.
If written notice is not provided in accordance with this clause, the Customer hereby
acknowledges that Goods may be placed in general storage without humidity or
temperature control, or without precautions against damage due to temperature, humidity,
fragility or stability.
8.2. Artransit reserves the right to require that Goods to be transported are packed by
the Customer and enclosed in a minimum of one layer of protective material.
Bubblewrap (bubble facing inward) is preferred but Heavy Plastic Wrap or Cardboard
will be accepted.
The Goods should be delivered to Artransit properly marked with details of delivery
including address and contact phone numbers for both Customer and Recipient.
8.3. In circumstances where the Customer elects to exclude packing from the Services to be
performed by Artransit and the Customer declines to or fails to ensure the Goods are
packed, Artransit may, at its discretion, refuse to perform the Services.
8.4. If at any time the packing and wrapping provided by the Customer or such packaging in
which the Goods are provided to Artransit deteriorates or fails, Artransit may, at its
discretion, repack the Goods and charge the Customer for labour and materials.
Artransit takes no responsibility for, and shall not be liable for any damage to the Goods
resulting from inadequate packing and wrapping not applied to the Goods by Artransit.8.5. The Customer must notify Artransit of any and all items in a shipment which exceed a
value of AUD $20,000 at time of booking.
9. Indemnity
9.1. The Customer agrees to indemnify and hold harmless Artransit from any and all
claims, demands, losses, causes of action, damages, lawsuits, judgments, including
reasonable legal fees and costs, arising out of or relating to any negligence or breach by
the Customer in connection with the agreement to provide the Services.
9.2. The Customer further agrees to indemnify Artransit for any expenses reasonably
incurred by Artransit by reason of Artransit’s compliance with the Customer’s
instructions in the event of a dispute concerning the ownership, custody or disposition of
the Goods and/or any misrepresentation by the Customer as to the ownership or legal
right to possess and control the Goods.
10. Risk
10.1. Subject to clauses 11 and 12 the Goods shall at all times remain at the risk of the
Customer.
11. Exclusion of Liability
11.1. These Terms and Conditions must be read having regard to the provisions of the ACL to
the extent that those provisions are applicable to consumers as defined under section 3 of
the Act. These Terms and Conditions do not have the effect of excluding, restricting or
modifying rights under the ACL which cannot be excluded, restricted or modified by
agreement. All other conditions and warranties, statutory or otherwise, whether express or
implied, are hereby excluded.
11.2. To the extent permitted by statute, the liability, of any of Artransit or its employees,
arising from a breach of the conditions or warranties referred to in clause 11.1 are, at
Artransit’s option, limited (where such limitation is permitted by law) to:
(a) in the case of the provision of Services:
• the supply of the Services, or the payment to a third party to supply the Services.
(b) In the case of the sale of goods pursuant to a lien or otherwise:
• the payment for the cost of replacing the Goods with equivalent goods, or the cost of
having the Goods repaired.
11.3. Except to the extent provided by law, Artransit has no liability (including liability in
negligence) to any person for:
(a) any loss or damage consequential or otherwise suffered or incurred by that person in
relation to the Services (or any materials provided in connection with the Services)
including, without stipulation, loss or damage to, or deterioration of, Goods (in transit or in
storage) or advice, recommendations or information provided in connection with the
Services; and(b) in particular, without limiting the operation of this clause, any loss or damage,
consequential or otherwise, suffered or incurred by that person, caused by or resulting
directly or indirectly from any failure, defect or deficiency of any kind of or in the Services
or in any materials provided in connection with the Services and/or advice,
recommendations or information provided in connection with the Services.
12. Deviation from Usual Route
12.1. The Customer authorises Artransit to make any deviation from the usual route of carriage
or place of storage of the Goods which may, in the opinion of Artransit, be deemed
desirable or necessary to perform the Services.
13. Delivery of Goods
13.1. Artransit is authorised to deliver the Goods to the address set out in the consignment
note (or any such other address as may be agreed in writing between Artransit and the
Customer).
13.2. Artransit has delivered the Goods in accordance with these Terms and Conditions if, at
that address, it obtains from any person a receipt or signed delivery docket for the Goods.
14. Artransit Unable to Deliver
14.1. If the address for delivery is unattended, Artransit will contact the recipient to discuss
suitable options otherwise the delivery will be returned to the place of collection.
14.2. The Customer agrees to pay any additional costs associated with the attempted delivery
of the Goods and any further attempt by Artransit to deliver the Goods.
14.3. Any transport or storage of Goods by Artransit under this clause 14 is subject to the
same provisions of these Terms and Conditions as apply to the provision of Services in the
usual course.
15. Additional Charges
The Customer agrees to be responsible for all additional reasonable charges, incurred for
any reason, including charges in respect to any delay (in excess of 30 minutes) in loading
or unloading of Goods, unless the delay was caused by Artransit’s representative. The
time period commences upon Artransit reporting for loading or unloading, as the case
may be.
16. General Lien
16.1. The Customer hereby grants Artransit a general lien upon, and a right to set-off against,
all Goods (and any documents relating to such Goods) of the Customer now or hereafter in
the possession, or under the control, of Artransit and every such lien and right of set-off
may be exercised without demand upon, or notice to, the Customer, until all sums payable
by the Customer to Artransit have been paid in full.16.2. Artransit may in its absolute discretion (subject to the statutory obligations in respect of
such lien) and on reasonable notice of its intention to do so, sell the Goods subject to the
lien and apply the proceeds of the sale in or towards payment of any amounts owed by
the Customer to Artransit.
17. PPSA
17.1. In this clause ‘Collateral’, ‘PMSI’, ‘PPSR’, ‘Secured Party’, and ‘Security Interest’ have the
meaning given to those terms by the PPSA.
17.2. The Customer acknowledges that the supply of the Services under this agreement gives
rise to a Security Interest in the Goods in favour of Artransit being a PMSI.
17.3. The Customer warrants that all information provided concerning the Goods is complete,
accurate and up-to-date, and if the Customer becomes aware of any change or proposed
change, it shall notify Artransit within ten (10) business days of the change.
17.4. The Customer agrees to indemnify Artransit against any liability or claim, where
information provided by the Customer is later found to be false, misleading, deceptive or
inaccurate.
17.5. The parties acknowledge that the Security Interest provided for by these Terms and
Conditions in the Goods secures the Price for the Services and is a PMSI for that amount
plus any other amounts found to be due and owing by the Customer pursuant to these
Terms and Conditions.
17.6. Artransit may, at the Customer’s expense, register any Security Interest granted under
these Terms and Conditions on the Personal Properties Securities Register.
17.7. The Customer agrees to take such steps as Artransit reasonably requires to perfect and
otherwise ensure the enforceability and first ranking priority of any Security Interest
granted to it under these Terms and Conditions, including but not limited to, obtaining
consents, signing and producing documents, getting documents completed and signed,
supplying information, ensuring that the Security Interest is enforceable, perfected and
otherwise effective, enabling Artransit to exercise its rights in connection with the
Security Interest or providing more effective security over the Goods.
17.8. The parties agree that, for the purposes of section 115 of the PPSA, the following sections
of the PPSA will not apply to any Collateral which is subject to that Security Interest:
Sections 95, 118, 121(4), 125,129(2) and (3), 130, 132(3)(d), 132(4), 135, 138B(4), 142, and
143.
17.9. Artransit is not required to give any notice under the PPSA to the Customer or any other
person and the Customer waives the right to receive any such notice, unless the notice is
required by the PPSA and that obligation cannot be excluded.
17.10. Subject to section 275(7) of the PPSA, the Customer and Artransit each agree not to
disclose any information of the kind described in section 275(1) of the PPSA.17.11. The Customer agrees not to authorise the disclosure of any information contemplated by
section 275(7)(c) of the PPSA, without the consent of Artransit.
18. Compliance with Laws
The Customer warrants that:
(a) it has complied with all laws and regulations relating to the nature, packaging,
labelling, storage and carriage of the Goods, and
(b) the Goods are packed in a manner adequate to withstand the ordinary risks
associated with storage and carriage, having regard to the nature of the Goods.
19. Dangerous Goods
Artransit does not agree to carry dangerous goods and advises potential customers to
obtain dangerous goods transport elsewhere.
20. Artransit Not Responsible for Collecting Payment
20.1. Artransit accepts no responsibility for the collection of cash on delivery or any other
payments on behalf of the Customer or any other person.
20.2. When Goods are tendered by any person with instructions for Artransit to collect any
such payments, Artransit is not bound by such instructions, notwithstanding that
Artransit may agree to perform the Services in relation to the Goods.
21. Variation to be in Writing
No variation of these Terms and Conditions shall be effective, unless evidenced in writing
and signed by the parties.
22. Force Majeure
If a party is prevented from or delayed in complying with an obligation (other than to pay
money) by an event beyond its reasonable control, performance of that obligation shall be
suspended during that time, but only to the extent that compliance is prevented or
delayed.
23. Entire Agreement
These Terms and Conditions:
(a) contain the entire agreement and understanding between Artransit and the
Customer on everything in connection with the provision of the Services; and(b) supersedes any prior agreement or understanding on anything connected with such
provision.
24. Waiver
24.1. Artransit’s failure or delay to exercise a power or right does not operate as a waiver of
that power or right and the exercise of a power or right does not preclude either its
exercise in the future or the exercise of any other power or right.
24.2. A waiver is not effective unless it is in writing and is effective only in respect of the specific
instance to which it relates and for the specific purpose for which it is given.
25. Severability
The parties agree if any provision or part thereof of these Terms and Conditions is invalid
or unenforceable, such provision is severed and shall not affect any other provision or
other part of the Terms and Conditions.
26. Uncollected Goods Legislation
The Customer acknowledges and agrees that, in accordance with the law in force in the
State or Territory in which uncollected Goods reside, Artransit may apply to the relevant
court for an order authorising Artransit to dispose of uncollected Goods.
27. Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the law
for the time being in force in the State of New South Wales and the parties hereby agree to
submit to the jurisdiction of the Courts of New South Wales.