Terms & Conditions of Carriage
CLAYTON’S TOWING SERVICE PTY LTD
TERMS AND CONDITIONS OF CARRIAGE AND STORAGE
These are the terms and conditions upon which Clayton’s Towing Service Pty Ltd provides towing, transport and storage services. By requesting, booking or accepting our services, the Customer agrees to be bound by these terms.
1. Definitions
In these terms:
Carriage means all operations and services provided by the Carrier in relation to the Goods, including loading, securing, transport, recovery, unloading, storage and handling.
Consignor means the person requesting or authorising the Carrier to perform Carriage and includes the owner, person in possession of the Goods and any person acting on their behalf.
Customer means the Consignor and any person who requests, accepts, benefits from or is liable to pay for the Carriage or Storage.
Dangerous Goods means any goods classified as dangerous, hazardous, explosive, flammable, toxic, corrosive or environmentally harmful under applicable laws or codes.
Goods means the vehicle(s), machinery, trailers, equipment, cargo, internal loads, personal effects and any other property accepted for Carriage or Storage.
Storage means any period during which the Goods are held by or on behalf of the Carrier.
Sub-contractor includes any party engaged by the Carrier to perform all or part of the Carriage or Storage, and their employees and agents.
2. Carrier Not a Common Carrier
2.1 The Carrier is not a common carrier and accepts no liability as such.
2.2 The Carrier may refuse to provide services to any person or refuse to carry any class of goods.
2.3 All Carriage and Storage is provided solely on these terms.
3. Authority, Warranties and Customer Responsibilities
3.1 The Customer warrants they are the owner of the Goods or authorised by all persons with an interest in the Goods to enter into this agreement.
3.2 Any person who requests the Carrier to perform services, delivers the Goods for Carriage, or signs any consignment note, job sheet, delivery docket or receipt is deemed to be authorised by the Customer, and their signature or acceptance binds the Customer.
3.3 The Customer warrants that the Goods are fit and safe for towing; all internal loads are properly secured; the Goods do not exceed legal or safe limits; any relevant conditions or defects have been disclosed; and all access provided is safe and lawful.
3.4 The Customer indemnifies the Carrier and its Sub-contractors against all loss, damage, penalties, claims and costs arising from breaches of these warranties, inaccurate information or unsafe conditions.
4. Dangerous Goods
4.1 Dangerous Goods must not be tendered without full written disclosure and the Carrier’s express consent.
4.2 All Dangerous Goods must be properly packaged, labelled and accompanied by accurate declarations.
4.3 If Dangerous Goods are undeclared or pose a risk, the Carrier may refuse, remove, isolate, destroy or render them harmless without compensation.
4.4 The Customer indemnifies the Carrier for any loss, damage or liability arising from Dangerous Goods.
5. Route, Access, Site Conditions and Delivery
5.1 The Carrier may determine the route, method of loading, transport and unloading, and may deviate from the usual or anticipated route at its discretion. The Customer agrees that any deviation may result in delay and does not constitute a breach of contract and additional costs may be incurred as a result.
5.2 Attendance at off-road, unsealed, beach, soft sand, steep or hazardous sites is at the Customer’s risk.
5.3 Delivery occurs when the Goods are placed at the Customer’s nominated location. Unattended sites are at the Customer’s sole risk.
5.4 The Carrier is not liable for property damage arising from following the Customer’s directions or accessing the site.
6. Condition of Goods, Internal Loads and Evidence
6.1 The Customer acknowledges that pre-existing damage or mechanical faults may worsen during towing or recovery.
6.2 The Carrier is not responsible for internal loads, loose items or undisclosed contents.
6.3 The Customer is responsible for any loss or damage to the Carrier’s equipment, vehicle, tools, chains, straps, winches or other property caused by the condition, nature or handling of the Goods.
6.4 The Carrier may take photographs or written records which may be relied upon as evidence.
7. Risk, Liability and Limitations
7.1 The Goods are at the Customer’s sole risk at all times.
7.2 To the fullest extent permitted by law, the Carrier is not liable for any loss, damage, deterioration, delay or non-delivery, whether caused by negligence, breach of contract, or otherwise.
7.3 All exclusions and protections apply equally to Sub-contractors, employees and agents.
7.4 All rights, indemnities, exclusions and limitations benefiting the Carrier continue to apply even if the Carrier is alleged to have breached the contract, acted negligently or committed any act or omission that would otherwise amount to a fundamental breach.
7.5 No act, omission, delay, deviation or conduct by the Carrier constitutes repudiation of this agreement.
7.6 Rights that cannot be excluded under the Australian Consumer Law remain; where liability cannot be excluded, it is limited to the extent permitted by law.
8. Storage
8.1 All Storage is entirely at the Customer’s risk.
8.2 The Carrier may move Goods between facilities without notice.
8.3 Storage fees apply until all charges are paid and the Goods are removed.
9. Charges, Payment, Lien and Sale
9.1 The Customer must pay all towing, recovery, labour, storage, call-out and associated charges.
9.2 Private work is payable prior to release unless otherwise agreed.
9.3 Overdue amounts may attract interest, and the Carrier may recover all legal and collection costs.
9.4 The Carrier holds a general lien over the Goods for all amounts owing.
9.5 If payment remains outstanding for 7 days after notice, the Carrier may sell the Goods by auction or private sale and apply proceeds to the debt.
9.6 The Carrier may vary the application of these terms in writing for a particular job or Customer, and any such written variation will override the relevant clause for that job only.
10. Cancellation
If, after the Carrier has accepted a booking or request for services, the Customer cancels the job for any reason, or if attendance occurs but the Carrier is unable to carry out the work due to circumstances attributable to the Customer (including incorrect or incomplete information, lack of access, unsafe conditions, or the Goods being unfit for towing), the Carrier may charge a cancellation fee or wasted attendance fee. Any such fee will be at the discretion of the Carrier but will not exceed the reasonable costs and loss suffered by the Carrier as a result of the cancellation or inability to proceed, including travel time, operator labour, mobilisation and administrative costs.
11. Claims and Time Limits
11.1 Claims for loss or damage must be notified in writing within 7 days of delivery or when delivery should reasonably have occurred.
11.2 Legal proceedings must be commenced within 6 months of delivery or when delivery should reasonably have occurred. After this period, the Carrier is discharged from all liability.
12. Sub-Contracting
12.1 The Carrier may sub-contract all or part of the Carriage or Storage.
12.2 The Customer must not make claims against Sub-contractors or employees and indemnifies the Carrier for any breach of this clause.
13. Force Majeure
The Carrier is not liable for delays or inability to perform caused by events beyond its reasonable control, including natural disasters, severe weather, road closures, breakdowns, industrial action or government directives. The Customer remains liable for charges for services performed and reasonable additional costs.
14. Electronic Communications and Signatures
14.1 The Customer consents to the use of electronic communications for all notices, bookings, confirmations and documentation.
14.2 Electronic signatures and digital approvals are treated as legally binding.
15. Governing Law and Jurisdiction
These terms are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the Queensland courts.
16. Variation, Severability and Entire Agreement
16.1 No variation is valid unless in writing and signed by an authorised officer of the Carrier.
16.2 If any clause is invalid, it is severed and the remainder continues in full force.
16.3 These terms constitute the entire agreement between the parties.