Terms & Conditions

1. Definitions

• Client: The individual or entity requesting our transportation services, including consignors and consignees.
• Company: AusCold Transport Pty Ltd, encompassing all associated businesses, employees, and agents.
• Cargo: Items entrusted to us for transportation, inclusive of packaging, containers, or pallets.
• Services: Comprehensive activities related to the handling of cargo, such as loading, transportation, unloading, and storage.
• Third-Party Contractor: Any external party engaged by us to perform transportation or storage services, along with their personnel and subcontractors.

2. Service Provision

We commit to collecting, transporting, and delivering cargo as specified in the consignment documentation or as mutually agreed upon in writing, adhering to these terms.

3. Engagement of Third-Party Contractors

We reserve the right to delegate services to third-party contractors. Such contractors are afforded the same protections and limitations of liability as outlined in these terms. In these instances, we act as the agent and trustee for the contractor.

4. Method of Transportation

While we strive to adhere to your preferred transportation methods, we maintain discretion to select alternative methods when deemed necessary.

5. Client Responsibilities and Warranties

• You possess ownership or authorized control over the cargo and are entering into this agreement on behalf of all relevant parties.
• Accurate details regarding the nature, dimensions, weight, quantity, and labeling of the cargo have been provided.
• You will not tender hazardous materials (as defined by the Australian Dangerous Goods Code) without full disclosure of their nature.
• You permit reasonable deviations from customary routes or methods as we determine necessary.

6. Limitation of Liability

As a private carrier, we do not assume liability as a common carrier. This includes, but is not limited to, service failures, temperature deviations affecting products, damages incurred during transit, or goods becoming non-compliant with codes.

7. Extended Warranty Protection

Unless an Extended Warranty Protection has been expressly agreed upon and the associated fee paid, we are not liable for any loss or damage to the cargo, including but not limited to, loss of market value, usage, consequential damages, deterioration, misdelivery, or delays during transit or storage, regardless of the cause, including negligence.

8. Scope of Liability under Extended Warranty Protection

• Limited to the manufacturing cost of the lost or damaged goods.
• Applicable only to losses or damages proven to have occurred during our provision of transportation services.
• Confined to accidental loss or damage, excluding those resulting from temperature variations, except under specific conditions outlined below.
• Pertinent to temperature-related losses or damages only if caused by:
  • Mechanical failure of refrigeration equipment leading to its stoppage.
  • Fire or explosion.
  • Overturning or derailment of the transport vehicle.
  • Collision with external objects, excluding water.

9. Claims Procedure

Any incident that may give rise to a claim must be reported to us within 2 hours, with a formal written claim submitted within 24 hours of the cargo's delivery at its destination.

10. Legal Proceedings

Legal actions against us must commence within 3 months from the completion date of the transportation services or the date they should have been completed. Failure to do so releases us from any liability.

11. Statutory Rights

In accordance with applicable State, Territory, or Commonwealth laws, including the Trade Practices Act 1974, certain conditions and warranties may be implied into this agreement. To the extent permitted by law, our liability for any breach of such conditions or warranties is limited to either re-supplying the transportation services or covering the cost of having the services supplied again.