1. Definitions

1.1. Any reference made to “we”, “us” or “our” is a reference to Harmon Transportation Pty Ltd (ACN 657 982 146) (Harmon) and to any of Harmon’s employees or representatives or staff.

1.2. Any reference made to “you” and “your” is a reference to the client as specified in our quote and/or work order.

1.3. Any reference to “quote” and “work order” is a reference to any quote and/or work order that we will, or have, provided to you for acceptance prior to us providing our services to you. We refer to a quote and/or work order in these terms and conditions as “Quote”.

1.4. Any reference to “GST” means goods and services tax as defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2. Our agreement with You

2.1. These terms and conditions include, apply to, and form part of, our Quote to you. Our Quote to you will specify:

a) the scope of our delivery services with you;

b) our quotation of costs including GST; and

c) how you can accept the Quote and these terms and conditions.

2.2. Once accepted, we agree to commence providing you with the services as specified in our Quote subject to these terms and conditions.

2.3. The law of Western Australia applies to these terms and conditions and our Quote to you, together referred to as the “Agreement”, and the Courts of Western Australia will have jurisdiction to determine any disputes arising from this Agreement.

3. Invoice for our fees

3.1. We will generally invoice you for the total fees in our Quote once we have completed the services as described in our Quote.

3.2. We will specify the due date for you to pay, and how to pay, our fees in our invoices to you and you agree to pay the same.

3.3. Subject to these terms and conditions, we will apply any deposit paid by you to us against any invoiced fees, including if this Agreement is terminated.

3.4. If you have not paid our invoiced fees by the due date, then interest will apply on outstanding amounts at 15% per annum compounded daily and you agree to pay the same.

3.5. Notwithstanding the above, we may, at our absolute discretion, send you an invoice at any time for our extant fees including if this Agreement has been terminated.

3.6. Where the client is more than 1 person or entity, then the persons or entities that make up the client will be jointly and severally liable for payment of our invoices.

4. Termination

4.1. You or we may terminate this Agreement at any time by providing notice in person, in writing, by email or by post.

4.2. Where the client is more than 1 person or entity, then if any one of those persons or entities terminates this Agreement, the entire Agreement is taken to be terminated.

4.3. If the Agreement is terminated within 24 hours from you accepting our Quote, then we remain entitled to invoice you for 20% of our total fees as specified in our Quote and you agree to pay the same.

4.4. If the Agreement is terminated after 24 hours from you accepting our Quote, then we remain entitled to invoice you for 50% of our total fees as specified in our Quote and any reasonable amounts in addition to that for work we have performed and including any on-going costs, including interest, under these terms and conditions, and you agree to pay the same.

4.5. This Agreement will be automatically terminated if we or you become insolvent by:

a) in the case of an individual becoming bankrupt or entering into a Part IX or Part X agreement under the Bankruptcy Act 1966 (Cth); or

b) in the case of a body corporate, by becoming externally administered or becoming wound up under the provisions of the Corporations Act 2001 (Cth).

4.6. Subject to these terms and conditions, if the Agreement is terminated, then we will refund to your nominated bank account any remaining balance of any deposit paid by you to us.

5. Privacy & Electronic Communication

5.1. You agree that we may contact you or any other third party in performing our services under this Agreement by email or electronically and you agree that we will not be liable for any loss or damage caused by us doing so.

6. Severability

6.1. Each clause of these terms and conditions is separate and severable from the other clauses and if any clause is found to be void, invalid, or unenforceable, it shall, to the extent of such invalidity, be severed from the Agreement and the remainder of the Agreement will remain effective.

7. Notice

7.1. A notice or communication, including the giving of an invoice, will be deemed to have been received by the receiving party:

a) by post, on the day 3 days after the date on which the notice was posted;

b) in the case of the notice being sent by electronic communications (including email) then immediately when it was sent; and

c) if in person, then immediately when that occurs.

8. GST

8.1. We are registered for GST. Our invoices will include any sum for GST, and you agree to pay the same despite any quantum of GST specified to you in our Quote.

9. Warranty Purchase

9.1. If you have requested that we provide you with a warranty for our delivery, then we will include a fee of 25% of the value of the goods in our Quote to you and which will form part of our total fees to you as specified in our Quote.

9.2. Once our Quote is accepted by you, and which includes a warranty purchase by you, then the remainder of this clause 9 will apply.

9.3. If this clause 9 applies, then we will provide you with a warranty up to the value of the goods as specified in our Quote to you for any damage or loss in respect to your items (as specified in our Quote to you) whilst the items are in our possession from pick up and up and until delivery (but not after the items have been delivered).

9.4. If this clause 9 applies and you intend to make a warranty claim to us for your items, then you must comply with clause 12.3 and 12.4, and:

a) provide us with a notice specifying your request to make a warranty claim within 5 days from the date we delivered the items; and

b) provide evidence (documentary or photographs etc) that demonstrate that damage was done to your items whilst the items were in our possession as described in clause 9.3 and which includes your calculation of the quantum of damages.

9.5. If you do not provide us notice in accordance with clause 9.4, then you are deemed to have waived your right to make a warranty claim to us for your items.

9.6. If you provide us notice in accordance with clause 9.4, then we will review and process your warranty claim, and:

a) if we accept the claim, we will make payment to your nominated bank account; or

b) if we are not reasonably satisfied with your claim, we may withhold payment (in full or in part) to you for the warranty amount (the value of the goods) and we will either:

i. provide you with reasons why we reject your claim partly or fully; or

ii. request further information from you in respect to your claim before deciding on your claim.

9.7. Any warranty provided by us to you under this clause 9 only applies to the value of the goods as specified in our Quote to you and does not include any other amounts for any other damages or loss, including consequential loss, or otherwise for you or any other third party with an interest in the delivery.

10. Liability

10.1. If clause 9 applies (warranty purchase), then this clause 10 applies only to the extent of any amounts that exceed the value of the goods covered by clause 9.

10.2. If clause 9 doesn’t apply, then this clause 10 applies wholly.

10.3. Except to the extent of any statue, regulation, order, rule, or other document enforceable under any statue, regulation, or rule, including the Competition and Consumer Act 2010 (Cth), we will not be liable for any damage or loss suffered by you or any other third party with an interest in the delivery as a result of:

a) damage or loss to the items for delivery whilst in our possession (but not including any period of time after the items have been delivered), whether a result of negligence on our behalf or otherwise; and

b) any consequential loss or damage to you or other third parties with an interest in the delivery as a result of any damage or loss to the items for delivery, or in any delay in us delivering the items, whilst in our possession (but not including any period of time after the items have been delivered), whether a result of negligence on our behalf or otherwise; and
you agree to indemnify us for any such damage or loss.

10.4. If this clause 10 applies, then we recommend that you obtain your own independent insurance to cover the cost of the items for delivery as specified in our Quote to you to the extent that the value of the items are not covered by clause 9 (warranty purchase).

11. Mutual Obligations

11.1. Once this Agreement is accepted by you, then we will attempt to pick-up and deliver the items to the destination at the date and time specified in our Quote to you.

11.2. It is your responsibility to ensure that we have free and unobstructed access to pick up the items for delivery at the pickup location and that there is free and unobstructed access for us to deliver the items for delivery at the drop off location at the date and times specified in our Quote to you.

11.3. If we consider that you have failed to comply with clause 11.2, then we may either, at our absolute discretion:

a) organise with you a different method of pick up or delivery and at different dates and times and locations, as we consider appropriate;

b) may issue you with a new Quote to account for any costs that we consider reasonable to effect pick up and delivery of the items as specified in the Quote and if that Quote is rejected terminate the Agreement or if accepted proceed with the new Quote; and/or

c) terminate this Agreement and invoice you for fees as specified in these terms and conditions.

11.4. If we consider that you have failed to comply with clause 11.2 in respect of ensuring that there are adequate measures in place, including personnel, for us to deliver the items at the specified destination as specified in our Quote to you, then:

a) unless we exercise one of those options specified in clause 11.3, we will not store the items and will leave the items at a convenient location to us at, or approximate to, and as close to, the destination;

b) you agree that in doing so we have completed the delivery of the items as specified in our Quote; and

c) you indemnify us for any loss or damage as a result of us leaving the items as specified above at the destination.

11.5. If any new Quote is issued under this clause 11 or otherwise, then for the purposes of these terms and conditions, the original Quote stands as the Quote for the purposes this Agreement until, and if, any new Quote is accepted, after which time that new Quote will become the Quote under the Agreement. If any new Quote is accepted, there is no 24 hours cool-down period for terminating this Agreement in respect to that new Quote and therefore, clause 4.3 will not apply to the new Quote or any Quote thereafter. Clause 4.4 and the remainder of these terms and conditions will apply to the new Quote and any Quote thereafter.

12. Your warranties

12.1. By accepting our Quote and these terms and conditions, i.e., the Agreement, you make the following warranties to us in this clause 12.

12.2. You are authorised to enter into this Agreement with us.

12.3. You will have evidence (documentary or pictures) of the items and their packaging prior to our pickup demonstrating the condition of the items prior the items being in our possession.

12.4. You will properly package, including placing on pallets, any of the items for delivery with us in this Agreement.

12.5. You warrant that none of the items for delivery include any dangerous, hazardous, and damaging goods including tobacco products, alcohol, or any illegal material under any Australian law.

12.6. You agree that we may open and inspect any packaging or otherwise to inspect the items for delivery under this Agreement at any time, including pick-up and whilst the items are in our possession, but not after the items have been delivered, and you indemnify us for doing so and for any loss or damage caused to you or any other third party, including damage to the packaging, as a result of us doing so.

13. Delivery Dates & Times

13.1. You agree that the route and method for us to pick-up, load, and package, and deliver the items from the pickup location and to the destination as specified in our Quote to you will be in our absolute discretion and that the times specified in our Quote are an estimate only.

13.2. If we are unable to pick-up or deliver the items within 3 hours from each of the times as specified in our Quote to you, then we will organise to pick-up and/or deliver the items with you at a mutually appropriate time for you and us at no extra cost to you.

14. Confidentiality

14.1. You and we agree to keep this Agreement confidential, including the nature of the items and specifications for delivery in our Quote to you, aside from disclosing this Agreement for the following purposes:

a) to your or our respective accountants or legal representatives;

b) to enforce any part of this Agreement;

c) to the extent required by you or us to carry out yours or our respective obligations under this Agreement;

d) to any law enforcement agency to report any illegal or potentially illegal actions or items; and

e) otherwise as agreed by you and us.