STANDARD TERMS AND CONDITIONS OF CONTRACT

1) PERFORMANCE AND DELIVERY OF THE SERVICES

Broome Broome Express will provide the Services in accordance with this agreement.

Broome Broome Express will collect the Goods from, and deliver the Goods to, the locations and persons specified in the booking confirmation or, if relevant, the Bill of lading or consignment note. You are responsible for arranging that the collection and delivery locations are accessible at the times agreed for collection and delivery and are reasonably suitable for collection or delivery of Goods. If the delivery location is unattended or not reasonably accessible or delivery of the Goods is refused, Broome Broome Express may choose to deposit the Goods at the delivery location, store the Goods or return the Goods to the sender at Your risk and expense and that action will be deemed to constitute delivery.

If Broome Broome Express becomes aware of any damage to or deterioration of Goods whilst in its possession or under its control, Broome Broome Express will promptly notify You and, to the extent reasonably practicable, will quarantine the affected Goods to allow You to inspect them. You and Broome Broome Express must use reasonable endeavours to agree as to what to do with the quarantined Goods.

Any vehicle used by You or your associate to deliver or collect the Goods is in the fit and proper condition and complies with all applicable laws.

The person delivering the Goods to and the person collecting the Goods from Broome Broome Express is authorised to do so and is authorised to bind you under this agreement.

2) PAYMENT METHODS AND OBLIGATIONS

You must pay Charges to Broome Broome Express for the Services prior to commencement of the Services unless Broome Broome Express agrees otherwise. If you do not pay Charges by the due date for payment, Broome Broome Express may suspend the provision of the Services until Charges have been paid or may, on 7 days notice, terminate this agreement.

Charges must be paid by credit card or by deposit to an account identified by Broome Broome Express in the booking confirmation.

Charges payable for the Services are confidential and You agree not to disclose them to any third party.

Broome Broome Express will charge a cancellation fee if you terminate this agreement. The charges are calculated as follows:

All cancellations will incur a minimum cancellation fee of $150;
For cancellations on the agreed collection day or the business day prior a fee of 80% of the full service charge will apply.

iii. For cancellations once the service has commenced, a 100% cancellation fee will apply.

Broome Broome Express may charge by weight, measurement or value and may at any time re-weigh or re-value, or re-measure or require the Goods to be re-weighed, re-valued or remeasured and charge proportional additional Charges accordingly.

Every special instruction to the effect that Charges shall be paid by a person other than the Customer shall be deemed to include a stipulation that if that person does not pay those Charges within 7 days of the date set for payment, or if no date is set for payment within 7 days

of delivery or attempted delivery of the Goods, then the Customer shall pay those Charges within 7 days of being notified of that persons failure to pay.

3) GOODS AND SERVICES TAX

Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this agreement are inclusive of GST.

If GST is payable, on any supply made under this agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply. The recipient must pay this amount in addition to and at the same time that the consideration for the supply is to be provided under this agreement.

4) APPLICATION

Broome Broome Express is not a common carrier and accepts no liability as such. Broome Broome Express reserves the rights to agree or to refuse contact with the Customer in its absolute discretion.

Broome Broome Express is not, and will not be deemed to be, a consignor as defined by the Road Transport Reform (Dangerous Goods) Regulations 1997 (CTH) and accepts no liability as such. The Customer authorises Broome Broome Express to name the Customer or another person as the consignor in any documentation where applicable.
All Services are provided by Broome Broome Express subject only to these Conditions, the Conditions which are incorporated into any bill of lading, waybill or consignment note issued by Broome Broome Express, the Conditions in the bill of lading, waybill or consignment note shall prevail.

All rights, immunities, indemnities and limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contract or of these Conditions by Broome Broome Express or any other person entitled to the benefit of such provisions.

If any provision or any part of a provision in these Conditions is unenforceable such unenforceability shall not effect any other provision or any other part of a provision.

These Conditions are subject to any warranty implied by the trade practices Act 1974 (Cth) to the extent to which the Act is applicable to these Conditions and prevents the exclusion, restriction and modification.

Broome Broome Express shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement is in writing and signed by an authorised person.

5) CUSTOMERS WARRANTIES

The Customer warrants that:

i) It is either the owner and/or the authorised agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this contract on its own behalf and/or as authorised agent of that person or persons;

ii) It has accurately and fully described the Goods having regard to the nature and packing of the Goods and has provided all necessary instruction and information regarding handling, care and control of the Goods having regard to the nature and packing of the Goods;

iii) It has complied with the requirements of any applicable law (including the Australian Dangerous Goods Code) relating to the nature, condition, packing, handling, labelling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable Broome Broome Express to comply with any of its obligations under such law;

iv) Other than a Claim or allegation by the Customer against Broome Broome Express, no Claim or allegation shall be made by any person (including the Customer) against any other person (including Broome Broome Express) who provides the Services or any part of the Services, which imposes or attempts to impose any liability whatsoever and howsoever arising in connection with the provision of the Services and/or Goods.

6) Broome Broome Express RIGHTS

Broome Broome Express may provide the Services by any method which Broome Broome Express in its absolute discretion deems fit notwithstanding any instructions of the Customer that the Services are to be supplied by another method.

Broome Broome Express may comply with any orders, directions or recommendations made by a Government Agency in relation to the Goods and/or the provision of the Services without recourse by, and at the risk and expense of, the Customer.

If the Customer or the receiver fails to accept delivery of Goods, Broome Broome Express shall be entitled to store the Goods at the risk and expense of the Customer.

Broome Broome Express shall dispose of abandoned Goods at the expense of the Customer in any way it deems fit and without compensation to the Customer. The Customer shall be given 14 days written notice of Broome Broome Express intention to dispose of the Goods.

If, in the opinion of Broome Broome Express, the Goods are liable to become Dangerous Goods, Broome Broome Express in its absolute discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon or render harmless the Goods without compensation to and at the expense of the Customer.

If, in the opinion of Broome Broome Express, the Goods do not meet the requirements of all applicable laws relating to the Goods and Services to be handled by Broome Broome Express using the equipment and operating procedures normally employed by Broome Broome Express in providing the Services, Broome Broome Express in its absolute discretion may:

i) Refuse to Provide the Services in respect of the Goods or any part of them; or

ii) Take whatever measures deemed necessary at the risk and expense of the Customer to cause the Goods to comply with the requirements of all such laws or to make the Goods suitable to be handled by Broome Broome Express.

If, in the opinion of Broome Broome Express it is necessary and reasonable to do so to render the Goods or Services in relation to the Goods safe, Broome Broome Express may open any Container, package, wrapping or documents.

Broome Broome Express may subcontract the Services (in whole or in part) on any terms and Broome Broome Express is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of a subcontractor and/or any person who is or may be vicariously liable for the acts or omissions of Broome Broome Express or a subcontract, each of whom shall to this extent be or be deemed to be parties to this contract.

7) Broome Broome Express LIABLITLIES

Every exemption, limitation, condition, right, defence and immunity available to Broome Broome Express 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 Broome Broome Express, or a subcontractor.

Broome Broome Express 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.

Broome Broome Express shall not be responsible in tort, contract, bailment or otherwise for any, or the consequences of any:

i) Breach by You or your associates of any term of these Conditions and/or any applicable Services Agreement;

ii) Loss or damage to personal effects or other items in any Motor Vehicle;

iii) Tarpaulins attached to any Motor Vehicle;

iv) Motor Vehicle which cannot be moved under its own power, has a ground clearance of less than 15 centimetres, or is in an unroadworthy condition;

v) Damage to any Motor Vehicle caused by animal droppings, hail or airborne objects;

vi) 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;

vii) Loss of or damaged to the Goods, or delay in delivering or failure to deliver the Goods; or

viii) Delay in providing or failure to provide or perform Services.

Broome Broome Express 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.

To the extent permitted by law, where Broome Broome Express accepts liability for damages caused to a Motor Vehicle whilst in its care:

i) That liability shall not exceed AUD$60000.00

ii) Broome Broome Express’s 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);

iii) Broome Broome Express 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;

iv) Broome Broome Express also has the right to specify the use of new, used or non-genuine parts for the repairs;

v) Broome Broome Express may appoint a loss assessor of its own choice.

The liability of Broome Broome Express in respect of an incident is limited to supplying the Services again or to the payment of the cost of having Services supplied again, subject to the loss of or damage to the Goods exceeding AUD $500.00.

Any Claim for loss of or damage to the Goods or relating to performances of the Services must be notified in writing to Broome Broome Express within 7 days of delivery of the Goods or Container or the date by which the Goods should have been delivered.

The Customer or the receiver shall inspect the Motor Vehicle upon delivery and shall immediately notify Broome Broome Express of any alleged damaged to the Motor Vehicle by noting such damage on the consignment note issued by Broome Broome Express.

In any event, Broome Broome Express shall be discharged from all liability whatsoever unless suit is brought within 6 months of the provision of the Services, delivery of the Goods or

Container, when the Services should have been provided, or when the Goods should have been delivered.

In the event that damage is caused to your vehicle whilst in the care of Broome Broome Express the liability of Broome Broome Express is limited to loss or damage exceeding AUD$1000.

In addition to our individual carrier’s insurance policies, Broome Broome Express holds insurance policies for damages incurred and total loss both by accident or theft. The standard excess is $1000 on damage and is $1000 on a total loss or theft.

The following are exceptions to the damage warranty:

i) No claim will be accepted if the damage is not recorded on the delivery condition report;
ii) Broome Broome Express will not accept any responsibility for underside damage to vehicles with a ground clearance of less than 150mm;

iii) Broome Broome Express will not accept responsibility for any mechanical derangement;

iv) Broome Broome Express will not accept responsibility for the loss of any personal items transported within any vehicle;
v) Broome Broome Express will not accept liability for damage to vehicles in poor or damaged condition at pickup;
vi) Broome Broome Express will not accept liability for damage to the underside or concealed areas of the vehicle;

vii) Broome Broome Express warranty does not cover non-drivable vehicles.

8) ADVICE & INFORMATION

Broome Broome Express shall not be responsible in tort, contract or otherwise for any, or the consequences of any, loss or damaged, sots, fines or penalties incurred by the Customer or any other persons resulting from or arising out of or in connection with any quotation, advice, statement, representation or information given or made by or on behalf of Broome Broome Express to the Customer or others as to the classification of or any matter material to the valuation of or the liability for the amount, scale or rate of customs and/or exercise duty or other impost, tax or rate charged in respect of the Goods or cargo.

In giving or making such quotation, advice, statement, representation or information Broome Broome Express relies solely on the particulars provided by the Customer in relation to the Goods or cargo and in relation to the transaction(s) relating to the Goods or cargo.

9) LIEN

Broome Broome Express shall have a lien on the Goods and/or any other cargo or items of the Customer in possession or control of Broome Broome Express and any documents relating to those Goods, cargo or items for all sums payable by the Customer to Broome Broome Express.

Broome Broome Express shall have the right to charge for storage and/or may remove to a warehouse or bond store the Goods, cargo or items subject to a lien at the risk and expense of the Customer.

Broome Broome Express may sell, on 28 days notice, Goods, cargo or items subject to a lien by public auction or private treaty and retain the sums due to it, in addition to the Charges incurred in detention and sake of such Goods, cargo or items from their proceeds and shall pay any surplus to the entitled person.

Broome Broome Express shall be released from its obligations under these Conditions to the extent that performance is delayed, hindered or prevented due to any event or circumstance beyond the control of Broome Broome Express.

10) FORCE MAJEURE

11) 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.

12) MOTOR VEHICLES

This part shall apply only to Services in respect of Motor Vehicles provided by Broome Broome Express.

13) NO INSURANCE

Broome Broome Express 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.

14) DEFINITONS

In these Conditions:

Charges means Broome Broome Express quoted charges for Services calculated under its rates schedule or other agreed rates and the charges and any cost of any Broome Broome Express extra services tax (GST) levied directly on transport or supply under these Conditions.

Claim means a demand claim, action or proceeding made or brought by or against a person, however arising and whether present unascertained immediate, future or contingent.

Conditions mean these Standard Conditions of Contract.

Container means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry cargo.

Customer means the person at whose request or on whose behalf of Broome Broome Express provides the Services.

Dangerous Goods means Dangerous Goods as defined in the Australian Dangerous Goods Code, and any Goods which are dangerous, volatile, explosive, inflammable or offensive, or which may become harmful to any person, property or the environment whatsoever.

Dispute means any controversy, Claim or dispute arising out of or in relation to this agreement.

Goods means the Motor Vehicle or item in relation to which any part of any Services have been or are to be performed.

Government Agency means a government or government department or other body, a governmental semi-governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law.

GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) ACT 1999 (CTH).

Invoice means a tax invoice issued under the GST Law.

Motor Vehicle means a passenger vehicle, light commercial vehicle or truck.

Services means the whole of the operations and Services undertaken by Broome Broome Express in anyway whatsoever connected with or concerning the Goods, together with a license to use related information technology systems/processes and software developed by Broome Broome Express (if applicable) and utilized by Broome Broome Express and/or the Customer in relation to those Services.

Services Agreement means, where applicable, the agreement forming part of this contact which includes specific provisions in relation to the Services.

Subcontractor means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Broome Broome Express) provides or agrees to provide the Services or any part of the Services.

Broome Broome Express means Broome Broome Express with whom this contract is made.

Vehicle means a truck or other Motor Vehicle or train employed by a person other than Broome Broome Express or its subcontractors to deliver the Goods to Broome Broome Express or to collect Goods from Broome Broome Express at a premises.

You and Your means you, the Customer specified in the booking confirmation.