Terms and Conditions of Trade
OneXpress Couriers Pty Ltd (herein after “OneXpress”)
- Entire Agreement
The Terms and Conditions contained within this document governing the relationship between OneXpress and the customer are set out in full within this document and apply to all dealings between OneXpress and the customer.
- Common Carrier
OneXpress may reserve the right to refuse the carriage of any goods for any reason it deems fit and is not a common carrier.
- Payment and Charges
(a) Charges for any services rendered on behalf of the customer shall be in accordance with the Schedule provided by OneXpress and shall be payable within seven (7) days by the customer;
(b) OneXpress in its absolute discretion may, in addition to those charges as set out in the Schedule, charge for late fees, costs and expenses associated with delays in loading or unloading or any such expense as in the opinion of OneXpress is fair and reasonable in the circumstances and the customer may not be entitled to withhold payment for any reason whatsoever in such circumstances.
- Delivery
(a) The charges incurred by the customer are payable as soon as goods are loaded and dispatched;
(b) OneXpress shall use its best endeavours to provide proof of delivery on request but the customer agrees that it has no right to demand such proof, nor is OneXpress liable to the customer for failing to provide proof of delivery.
- Liability and No Bailment
(a) OneXpress is not liable for any loss of, or damage to or incorrect delivery of or delay of delivery of any goods whether occasioned by negligence or wrongful act of OneXpress or its servants agents or employees or subcontractors;
(b) Goods shall be properly packaged by the customer but the customer acknowledges that OneXpress is not an insurer of the goods and that it does not effect insurance on behalf of the customer and so shall not have liability for loss of or damage to the goods. Should the customer wish to avail itself of insurance it should arrange for that itself;
(c) Should the customer make any claim in relation to the services performed under this Contract then it must do so within seven (7) days after the date of delivery or in the case of non delivery within fourteen (14) days from the date delivery should have been made and failing that any claim shall be extinguished and will not be enforceable against OneXpress.
- Title and Personal Property Security Act (“the Act”)
(a) The customer hereby grants OneXpress a security interest pursuant to the Act in all goods the subject of the services and held in OneXpress’ possession;
(b) OneXpress shall not seek to register its interest in the goods in the register held pursuant to the Act, but may do so in its absolute discretion in the event of a breach of these terms by the customer.
- Uncollected Goods
(a) Should goods be undeliverable for any reason, OneXpress shall hold same in safe keeping for a period of one (1) month at the cost of the customer;
(b) Should the goods not be collected within this time the customer authorises OneXpress to dispose of same by way of public auction.
- Storage
(a) OneXpress accepts no responsibility in tort or in Contract for loss of or damage to any goods whilst they are under the care and control or being stored by OneXpress for any reason whatsoever;
(b) The customer declares that it is the owner of the goods and expressly authorises OneXpress to deal with them in accordance with this Agreement and further warrants that the goods are free from and are not likely to encourage infestation by vermin or pest.
- Jurisdiction and Disputes
(a) The Terms and Conditions of this Agreement are such that the customer submits to the exclusive jurisdiction of the Queensland Courts and no other;
(b) Should dispute arise as to payment, the customer agrees to pay into a Trust Account of One Xpress as directed all monies claimed outstanding before it shall be entitled pursuant to this Agreement to dispute the debt. The operation of this provision operates as a bar to any proceedings commenced against One Xpress by the customer or any other party until such time as payment is made pursuant to this provision.
- Severability
Should any provision of this Agreement be unenforceable, such provision is severable and its unenforceability will not effect any other part or provision of this Agreement.
- Force Majeure
It is agreed that OneXpress shall not be liability for non delivery of goods as the result of Force Majeure, being any act which is outside the control of OneXpress including industrial action.
- Insolvency
The customer shall be in breach of this Agreement if at any time it becomes the subject of bankruptcy proceedings, voluntarily enters into bankruptcy, goes into liquidation either compulsorily or voluntarily or if a receiver is appointed to it.
- Indemnity
The customer indemnifies One Xpress against any expense, loss or damage incurred or sustained as the result of the goods becoming dangerous including as the result of any spillage, seepage, combustion or contamination or as a result of any disposal, destruction, abandonment, repair or rendering harmless of the goods by the customer.
- Guarantee
14.1) If a responsible person is nominated by the customer, the responsible person guarantees to One Xpress the performance by the customer of all of its obligations under the agreement, and indemnifies the OneXpress from and against all and any costs, claims, damages and expenses whatsoever, and howsoever, arising out of the breach or non performance by the customer of the terms of this agreement.
14.2) This guarantee and indemnity continues during the currency of this agreement between OneXpress and the customer, and the responsible person’s liability shall not be affected by the OneXpress giving time, or any other concession, indulgence or compromise to the customer for the performance of its obligations.
14.3) This guarantee and indemnity may be enforced against the responsible person without OneXpress first taking action against the customer, or pursuing any other available recourse, and may be enforced despite any neglect or omission to enforce any rights against the customer, or if any of the agreements between the customer and OneXpress are wholly, or partially unenforceable, or if the customer goes into liquidation.