Conditions of Carraige

  1. DEFINITIONS
    In these Conditions:
    • “Carrier” means Crossby Pty Ltd trading as Max Action Vehicles/Max Prestige Enclosed Car Transport ABN: 40 062 691 963, and its servants, agents and Subcontractors.
    • “Carriage” means the whole of the operations and services undertaken by the Carrier or any persons on behalf of the Carrier in respect of the Goods (whether gratuitously or not), including but without limiting the generality hereof driving, loading, unloading and storage of the Goods.
    • “Customer” includes the Consignor, Consignee, receiver of the goods, any person owning or entitled to the possession of the goods, and anyone acting on behalf of such persons.
    • “Goods” means the property from the time to time accepted by the Carrier from the Consignor for Carriage and includes any container or packaging supplied by or on behalf of the Consignor
    • “Person” including a corporation, company, partnership or any other entity.
    • “Subcontractor” includes any person who pursuant to a Contract or arrangement with any other (whether or not the Carrier) performs or agrees to perform the Carriage or any part thereof.
  2. NEGATION OF LIABILITY OF A COMMON CARRIER
    1. The carrier is not a common Carrier and will accept no liability as such.  All Goods are carried and all storage and other services are performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse the carriage of goods for any person, corporation, company or other entity and the carriage of any class of goods at its discretion.
  3. PERFORMANCE AND DELIVERY OF THE SERVICE
    1. The Carrier will provide the Services in accordance with this agreement.
    2. The Carrier will collect the Goods from, and deliver the Goods to, the locations and persons specified in the booking confirmation.  The Customer is responsible for arranging that the collection and delivery locations are accessible at the times of pickup/delivery.
    3.  If the Carrier becomes aware of any damage to or deterioration of Goods whilst in its possession or under its control, the Carrier will promptly notify the customer.
    4. The person delivering the Goods to and the person collecting the Goods from the Carrier is authorised to do so under this agreement.
  4. PAYMENT METHODS AND OBLIGATIONS
    1. The Customer must pay in full to the Carrier for the Services prior to commencement of the Services unless the Carrier agrees otherwise. If the customer does not pay by the due date, the Carrier may suspend the provision of the Services until Charges have been paid.
    2. Payment must be paid by credit card or by deposit to an account identified by the Carrier in the booking confirmation.
    3. All pricing charged for the Services are confidential and the Customer agrees not to disclose them to any third party.
  5. CUSTOMERS WARRANTIES
    The Customer warrants that:
    1. The goods are fit for Carriage and have been suitably packaged and their make, model and condition is accurately represented on any consignment note;
    2. The customer has the authority of all persons owning or having any interest in the Goods to enter into this Contract on their behalf;
    3. The person delivering or receiving the goods to/from the Carrier is authorised to sign this document for the Customer and by such signature or by the signature of any other person acting for or on behalf of the Customer accepts these terms and conditions;
  6. RIGHT TO SUBCONTRACT
    6.1.  The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.
  7. EXTENSION OF EXEMPTION TO SUBCONTRACTORS
    1. The Customer agrees that no claim or allegation shall be made against any servant, agent, or Subcontractor of the Carrier which imposes or attempts to impose upon such person any liability whatsoever arising out of or in any way connected with the Goods and/or the Carriage thereof whether or not arising out of negligence or a wilful act or omission on the part of any of them and such claim or allegation should nevertheless be made to indemnify the Carrier against all consequences thereof.
    2. Every exemption limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled here under shall also be available and shall extend to protect –
      1. All Subcontractors;
      2. Every servant or agent of the Carrier or of a Subcontractor;
      3. Every other person (other than the Carrier) by whom the Carriage or any part thereof is undertaken;
      4. All persons who are or might be vicariously liable for the acts or omissions of any person falling within (a), (b) or (c) hereof, and for the purpose of  this clause the Carrier is or shall be deemed to be acting as agent or Trustee on behalf of and for the benefit of all such persons and each and all such persons and each of them shall to this extent be or be deemed to be parties to this Contract.
  8. LIABILITY OF CARRIER
    1. Every exemption, limitation, condition, right, defence and immunity available to the Carrier shall be available and shall extend to protect a subcontractor or any person who is or may be vicariously liable for the acts or omissions of the Carrier, or a subcontractor.
    2. The Carrier accepts no responsibility for the accuracy of any part of any description of, or any declaration in the relation to, the Goods on any document to which the Services relate.
    3. The Carrier shall not be responsible in tort, contract, bailment or otherwise for any, or the consequences of any:
      1. Breach by You or your associates of any term of these Conditions and/or any applicable Services Agreement;
      2. Loss or damage to personal effects or other items in any Motor Vehicle;
      3. Tarpaulins attached to any Motor Vehicle;
      4. Motor Vehicle which cannot be moved under its own power, has a ground clearance of less than 150 millimetres, or is in an unroadworthy condition;
      5. Damage to any Motor Vehicle caused by animal droppings, hail or airborne objects;
      6. Damage to any real and personal property and any injury to or death of any person, caused by any negligent act or omission of You or your associates arising out of or in connection with this agreement;
      7. Loss of or damaged to the Goods, or delay in delivering or failure to deliver the Goods; or
      8. Delay in providing or failure to provide or perform Services.
    4. The Carrier shall not be responsible in tort, contract, and bailment or otherwise for any, loss or damage, costs or expenses incurred by the Customer or any other person arising out of or in connection with the provision of the Services.
    5. To the extent permitted by law, where the Carrier accepts liability for damages caused to a Motor Vehicle whilst in its care:
      1. That liability shall not exceed $250,000.
      2. The Carrier liability is limited to the cost of repairing the vehicle, or by payment of the current market value of the vehicle (whichever is the lesser amount);
      3. The Carrier shall be entitled to choose whether it will repair the vehicle at a repairer of its choice or pay the cost of current market value;
      4. The Carrier also has the right to specify the use of new, used or non-genuine parts for the repairs;
      5. The Carrier may appoint a loss assessor of its own choice.
    6. The Customer or the receiver shall inspect the Motor Vehicle upon delivery and by noting such damage on the consignment note issued by The Carrier.
    7. The following are exceptions to the damage warranty:
      1. No claim will be accepted if the damage is not recorded on the delivery condition report;
      2. The Carrier will not accept any responsibility for underside damage to vehicles with a ground clearance of less than 150 millimetres;
      3. The Carrier will not accept responsibility for any mechanical derangement;
      4. The Carrier will not accept responsibility for the loss of any personal items transported within any vehicle;
      5. The Carrier will not accept liability for damage to vehicles in poor or damaged condition at pickup;
      6. The Carrier will not accept liability for damage to the underside or concealed areas of the vehicle;
      7. The Carrier warranty does not cover non-drivable vehicles.
  9. JURISDICTION
    These Conditions shall be governed and constructed in accordance with the laws of the State or Territory in which this contract was made and the parties submit to the exclusive jurisdiction of the courts of that State or Territory.
  10. NO INSURANCE
    Max Action Vehicles/Max Prestige does not hold an Australian Financial Services License and, in accordance with the Corporations Act 2001 (Cth), shall not arrange or provide insurance for the Customer. The Customer must obtain its own insurance in respect of the Goods and/or the Services.