FLEX Contract Logistics Pty Limited Terms & Conditions

Please read all the following conditions carefully. You will be bound by these conditions if we provide services at your request or on your behalf. Please note that:

  • Our services are priced based on the exclusions and limitations set out in these conditions;
  • The goods at your risk. To the extent permitted by law, we will not be liable for any loss of or damage to goods, unless you prove that the loss or damage was caused by our negligence or wilful misconduct;
  • The conditions provide for various exclusions of liability and limits on our liability for loss of or damage to goods. These exclusions and limits are set out in clause 15;
  • The general effect of these provisions is that, even if you prove we have been negligent, you may not be able to recover the full value of any lost or damaged goods;
  • Because of these considerations, we recommend that any goods are covered by an appropriate insurance policy taken out by you, or by the owner of the goods; and
  • If we store goods for you, you must take out a policy of insurance over those goods (see clause 12).

1. Definitions and Interpretation

In these Terms:

  • Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Clth).

  • Carriage means, in respect of Goods, the whole of the operations and services undertaken by FLEX in relation to those Goods (whether gratuitously or not), including the loading, unloading, handling, collection, carriage, transportation, delivery and/or Storage of the Goods, towing a trailer and the provision of any advice concerning the collection, carriage, transportation, delivery and/or Storage of the Goods;

  • Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state, the Road Traffic (Administration) Act 2008 (WA) and the Road Traffic (Vehicles) Act 2012 (WA) and any other Commonwealth, state or territory law dealing with the obligations of parties involved in the transport of goods by road;

  • Charges means the amounts and charges calculated in accordance with, or as set out in, the Rates Schedule;

  • Confidential Information means all trade secrets and know-how, financial information and other commercially valuable information, that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms;

  • Consequential Loss includes any lost revenues, lost profits, lost business, lost data or data use, lost goodwill or anticipated savings, liquidated damages, incidental damages, indirect damages, consequential damages, special damages, economic damages, punitive damages;

  • Damage means physical damage and includes deterioration, evaporation and contamination;

  • Claims includes all manner of actions, claims, causes of action, arbitrations, debts, dues, costs, interest, demands, verdicts, judgments, fines and penalties, both at law or in equity or arising under the provisions of any statute;

  • Dangerous Goods has the same meaning as in the Australian Code for the Transport of Dangerous Goods by Road and Rail;

  • Delivery Location means the place advised by the Sender to FLEX as the place to which the Goods are to be delivered;

  • FLEX means FLEX Contract Logistics Pty Limited (ACN 655 634 003);

  • FLEX Indemnified Party means each of:

    • (a) FLEX;
    • (b) the Related Bodies Corporate of FLEX;
    • (c) each employee, Subcontractor and agent of FLEX;
    • (d) each employee, Subcontractor and agent of each Related Body Corporate of FLEX.

  • Force Majeure Event means any event beyond the control of FLEX including acts of God, lightning, meteorites, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, strikes, labour disputes, collisions, breakdown of vehicles, or any quarantine or customs restrictions;

  • Fuel Levy Schedule means the schedule of fuel levies charged or imposed by FLEX from time to time;

  • Goods means goods of any type or description whatsoever;

  • GST has the same meaning as in A New Tax System (Goods and Services) Act 1999;

  • Losses includes all Claims, losses, costs (including legal costs), expenses, damages and injury, including Consequential Loss;

  • Order means a request by the Sender to FLEX to transport or store Goods;

  • PPSA means the Personal Property Securities Act 2009 (Cth);

  • Rates Schedule means the schedule of rates and charges for Carriage of Goods agreed between FLEX and the Sender as amended by FLEX from time to time;

  • Receiver means the person to whom the Goods are delivered;

  • Re-delivery Request means a request in writing from the Sender or the Receiver to FLEX to unload the Goods at an address other than the Delivery Location;

  • Re-delivery Location means the location advised by the Sender or the Receiver to FLEX in a Re-delivery Request;

  • Subcontractor includes any person who, pursuant to a contract or arrangement, performs or agrees to perform the Carriage or any part thereof;

  • Terms means these terms and conditions.

2. Acceptance

Any request by the Sender to use the services of FLEX constitutes acceptance of these Terms by the Sender.

3. Negation of liability as a common carrier

FLEX is not a common carrier and does not undertake the obligations or liability of a common carrier. FLEX reserves the right to refuse Carriage or transport of Goods for any person or entity in its absolute discretion.

4. FLEX Obligations

FLEX will:

  • (a) take reasonable care to protect and safeguard the Goods;
  • (b) provide the Carriage exercising the degree of skill, care and efficiency expected from a competent provider of Carriage;
  • (c) hold all licenses as may be required by law in connection with the Carriage;
  • (d) account for all Goods received and use appropriate modes of Storage;
  • (e) use reasonable endeavours to deliver the Goods to the address nominated by the Sender;
  • (f) use reasonable endeavours to comply with the Sender’s lawful directions.

To the extent permitted by law, any conditions, guarantees, terms and warranties which would otherwise be imposed or implied into these Terms are excluded.

5. Sender Obligations

The Sender must:

  • (a) comply with all obligations and best practices in relation to the Chain of Responsibility Law;
  • (b) assist FLEX in complying with their obligations under the Chain of Responsibility Law;
  • (c) comply with all laws relating to the nature, packaging, labelling, Storage and Carriage of the Goods;
  • (d) ensure safe loading without exceeding vehicle limits under the Chain of Responsibility Law;
  • (e) provide written notice to FLEX of any special treatment required;
  • (f) ensure that containers, packaging or pallets conform with FLEX requirements;
  • (g) not tender dangerous Goods without a full description;
  • (h) comply with these Terms.

6. Chain of Responsibility Law

FLEX, the Sender and Receiver must comply with all law, including Chain of Responsibility Law.

The Sender warrants that:

  • (a) the Goods are fully described with respect to nature, weight, and measurements;
  • (b) safe loading/unloading facilities will be available at both the collection and delivery locations;
  • (c) any person delivering Goods to FLEX for Carriage is authorized to do so;
  • (d) the Sender has authority from all parties with an interest in the Goods.

If any person, other than the Sender, makes a Claim or commences proceedings against FLEX, the Sender indemnifies each FLEX Indemnified Party from all Losses.

8. Right to Subcontract

FLEX shall be entitled to subcontract the Carriage on such terms as FLEX thinks fit.

9. Delivery of Goods

FLEX is authorized to deliver the Goods to the Delivery Location or the Re-delivery Location upon request.

If the Delivery/Redelivery Location is unattended or delivery cannot be effected, FLEX may:

  • (a) deposit the Goods and constitute valid delivery;
  • (b) return the Goods and charge for unsuccessful attempts;
  • (c) Store the Goods and charge for Storage.

10. Handling of Goods

If instructed, FLEX may prioritize a particular method of handling or Storage but retains the discretion to adopt another method if necessary.

If any identifying document or mark regarding the Goods is lost, damaged or defaced, FLEX may inspect the Goods.

12. Insurance

FLEX does not arrange insurance for the Goods. Insurance is the Sender's responsibility. The Sender must:

  • (a) maintain an insurance policy covering loss or damage to the Goods;
  • (b) provide a certificate of currency in respect to the policy when requested.

13. Return of Pallets

The Sender is responsible for returning pallets. FLEX may collect and return pallets at Sender's request and cost.

14. Extension of Exemptions to Subcontractors

Every exemption and limitation is extended to protect all Subcontractors and employees of FLEX.

15. Risk and liability

Neither FLEX nor any Subcontractor will be liable for:/

  • (a) loss or damage to Goods;
  • (b) misdelivery, delay in delivery, or nondelivery of the Goods unless the Sender proves negligence.

16. Charges

The Sender must pay all Charges and any amounts payable under these Terms. Charges are exclusive of GST.

17. Invoicing

If the Sender has an account, FLEX will invoice weekly. Payments are due within 14 days.

18. Road Tolls

The Sender agrees to reimburse FLEX for incurred tolls with an additional 10% fee.

19. Lien

FLEX holds a general lien on Goods for amounts owing by the Sender. If charges remain unpaid, FLEX may store, open, or sell the Goods.

20. Nature of Goods

If Goods are deemed dangerous, FLEX may destroy or dispose of them without compensation to the Sender.

21. Claim

All Claims against FLEX must be made in writing within 72 hours of delivery.

22. Driver Tracking

Driver tracking may not be available or accurate; no claims may be made regarding it.

23. Variations to Terms

These Terms may be changed by FLEX providing fourteen days' notice.

24. Cubic conversion

FLEX may use cubic conversion of 1m3 = 333kgs for Goods.

25. Relationship of Parties

Nothing in these Terms creates a partnership or agency relationship.

26. Disputes

In case of disputes, both parties will negotiate with the assistance of an independent expert. Legal proceedings may commence if the dispute cannot be resolved.

27. Confidentiality

Confidential Information must not be disclosed without the other party's consent, except as required by law.

29. Governing Law and Jurisdiction

Each supply of Carriage of Goods is deemed made in accordance with these Terms.

30. Waiver

Terms may only be waived or varied in writing signed by FLEX.

31. Invalidity

If any provision is void or unenforceable, the remaining provisions will still have effect.

32. Assignment

The Sender must not assign rights without FLEX's consent. FLEX may assign any rights under these Terms.

33. No Agency

The Sender is not an agent of FLEX.

34. Force Majeure Event

FLEX must give notice of any Force Majeure Event and obligations will be suspended during its occurrence.