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Dangerous Goods
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AirRoad Direct will not transport dangerous goods.
As our trucks normally contain several customer shipments, this policy is to protect all customers' goods from potential contamination. It is solely your responsibility to ascertain whether the goods you are sending could be classified as dangerous. AirRoad accepts no liability and may seek full compensation for any damages or associated fines caused by the shipment of Dangerous Goods.
If you are unsure whether the goods you want transported are classed as dangerous goods please call the Australian Environmental Protection Services (EPS) on 02 9995 5000 before proceeding with your booking.
Below are 9 classifications of Dangerous Goods.
Most Dangerous Goods will have a label stating its classification or they may also have one of the images on this page. If this is the case then the goods are not suitable for transportation by AirRoad Direct.
Class 1 - Explosives
Class 2 - Gas
Class 3 - Flammable liquids
Class 4 - Flammable solids
Class 5 - Oxidizing substances and organic peroxides
Class 6 - Poisonous (toxic) and infectious substances
Class 7 - Radioactive materials
Class 8 - Corrosives
Class 9 - Miscellaneous articles and substances;
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Transit Warranty
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(1) Notwithstanding clause 8, of Our Conditions of Carriage and Warehousing, if any of the Goods are lost or damaged, We will indemnify You for the replacement cost of those Goods, as calculated at the time of uplift by Us or $1000 per consignment (whichever is the less), and waive the requirement for You to pay Our freight charges for those Goods provided:
(a) The loss or damage occurred when the Goods were in our possession; and
(b) We cannot establish that the loss or damage did not result from Our fault
(2) For the purpose of this warranty:
(a) "lost" includes "stolen";
(b) Goods will be deemed lost if undelivered 4 business days after the day on which, in the ordinary course of business, they would have been delivered;
(c) Goods will be deemed damaged only if they are not fit for their intended use or for sale or re-sale;
(d) "Our possession" and "Our fault" include the possession and fault of a Subcontractor; and
(e) "fault" means an act or omission which was deliberate, reckless or negligent, or which was a breach of the terms of these conditions of carriage.
(3) Damaged Goods for which payment under this warranty has been made by Us become Our property unless and except to the extent to which the residual value of the Goods exceeds the payments made by Us.
(4) This warranty does not extend to:
(a) Goods for which You did not use Our bar-coded freight-tracking system;
(b) Goods not fully and accurately described to Us to determine the resources required to perform the Services and to reasonably estimate the value of Goods;
(c) Goods comprising gold or other precious metals, jewellery, bank notes, negotiable instruments, works of art, stamp collections, antiques, cigarettes, pottery, porcelain, crockery or glassware;
(d) glass, ceramic, porcelain or earthenware components of any Goods;
(e) damage to any Goods arising from or suffered as a consequence of damage to Goods excluded under (c) or (d) above;
(f) Goods which are used or second-hand;
(g) foodstuffs (including liquids and refrigerated Goods);
(h) livestock;
(i) plants and vegetable matter;
(j) Goods classified as dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road and Rail;
(k) damage to software installed on any Goods;
(l) consequential or economic loss;
(m) loss or damage which is covered by any insurance policy You have;
(n) damage to Goods where the outer package or packaging shows no sign of damage or intereference;
(o) damage to Goods not packed to best industry practice and standards; and
(p) loss of or damage to Goods sustained at any time after We have attended at the delivery address if We have been unable to effect delivery (for example, inadequate or incorrect address provided, delivery refused by the Consignee or premises unattended).
(5) Claims Procedures:
(a) claims must be notified in writing in accordance with clause 16 of Our Conditions of Carriage
(b) only one claim per consignment may be made; and
(c) You must provide documentary evidence of the value of the Goods at the time of uplift.
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Money Back Guarantee
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(1) When you make a booking, we will advise you the number of days it will take from collection to delivery.
(2) We guarantee that, unless prevented by circumstances beyond our control, we will make our first delivery attempt within that period.
(3) This guarantee does not apply to:
(a) regional pick-ups (being pick-ups outside the metropolitan areas of Sydney, Melbourne, Brisbane, Adelaide and Perth.
(b) time specific pick-ups (that is, where you have nominated a particular time or period on the collection date at or within which the goods are to be picked up – our standard arrangement is that we will pick up the goods at some time between 8.30am and 5.30pm).
(c) deliveries in transit during one or more days which is or are public holidays within the delivery route.
(4) For the purpose of clause (2) above, circumstances beyond our control include (but are not necessarily limited to):
(a) futile pick up (eg incorrect collection address advised to us, no person present at the premises, goods not properly packed for transit) or delivery (incorrect delivery address advised to us, no person present at the premises);
(b) a breach by you of our conditions of carriage:
(c) accidents which are not our (including our employees, agents or sub-contractors) fault;
(d) industrial action including strikes, lockouts and road blockades;
(e) Acts of God; and
(f) Bushfires.
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Terms & Conditions
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1. Definitions
In these conditions:
(1) "We" means AirRoad Distribution Pty Limited and its related bodies corporate (as defined under the Corporations Act 2001) including AirRoad Logistics Pty Limited ABN 87 071 577 485 and AirRoad Direct Pty Limited ABN 46 090 829 333, Linehaul 21 Pty Ltd ABN 99 089 681 498 and Excellent Delivery Company Pty Ltd ABN 32 060 743 866, and Us and Our have corresponding meanings;
(2) "You" means the party entering into the contract for carriage and/or storage with Us, and includes the party shown as the consignor on any consignment note relating to that contract;
(3) "Goods" means the cargo to be carried and/or stored by Us for You including any accompanying container, packaging, pallets or handling equipment;
(4) "Services" means the whole of the work undertaken by Us in connection with the Goods including (but not necessarily limited to) carriage and/or storage;
(5) "Subcontractor" means any person other than one of Our employees who, under any contract or arrangement with Us (whether directly or indirectly)performs or agrees to perform the whole or any part of Services.
Words in the singular include the plural, and words in one or more genders include all genders.
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2. Application of Conditions
These conditions apply to all Services provided by Us to You.
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3. Not a Common Carrier
WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse the carriage of goods for any particular person and the carriage of any goods or classes of goods at Our discretion.
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4. Your Obligations and Warranties
You agree and warrant that:
(1) You have complied with all laws and regulations relating the nature, condition, packaging, carriage orstorage of the Goods and that they are packed in a manner which, having regard to their nature, is adequate for them to withstand the ordinary risks of carriage and/or storage;
(2) the Goods have been fully and accurately described in writing in the space provided on the consignment note
(3) the Goods do not include any dangerous goods or goods which might cause damage to other goods or property in the course of carriage or storage other than which are specifically and fully described and shown as such on the consignment note and that You have complied, and will comply, with the Australian Code for the Transport of Dangerous Goods by Road and Rail; and
(4) the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged.
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5. Authority and Agency
(1) You agree that any person who delivers any of the Goods to Us is authorised to sign Our consignment note for You.
(2) You warrant that in entering into this contract of carriage and/or storage and agreeing to these conditions You are either the owner of the Goods, or the authorised agent of the owner. You agree to indemnify Us against any liability which We may incur to any third party who may have or claim to have any interest in the Goods.
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6. Method of Carriage and Deviation
(1) You agree that the method or methods in which We carry out the Services is or are able to be at Our sole discretion. Even if You instruct Us to carry out the Services by any particular method, We may still at Our discretion adopt some other method.
(2) You also authorise Us to use any route, and We will not incur any liability by reason of using any route which may involve a deviation from the usual route of carriage.
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7. Delivery
(1) You authorise Us to deliver the goods at any address given by You to Us for that purpose.
(2) If any such address is unattended when We attempt to deliver the Goods, or if for any other reason We are unable to effect delivery or are delayed in doing so, You agree that We may handle and store the Goods in such manner as We may in Our discretion determine, and that We may make a reasonable charge for so doing and for subsequent delivery of the goods.
(3) If, without our fault, We are delayed in loading or unloading, You agree that We may make a reasonable charge for that delay.
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8. Loss or Damage
(1) Unless We otherwise expressly agreed in writing, but subject to clause 15, THE GOODS WILL AT ALL TIMES BE YOUR RISK. You agree that WE WILL NOT BE LIABLE in tort or contract or otherwise FOR ANY LOSS OR DAMAGE OR FAILURE TO DELIVER OR DELAY IN DELIVERY OR MISDELIVERY OF THE GOODS no matter how or in what circumstances such loss, damage, failure to deliver, delay in delivery or misdelivery may have occurred and even though this may have been caused by a breach of contract or negligence or wilful act or omission or misconduct by US or one of our employees or agents.
(2) Apart from loss of damage to the Goods themselves, You agree that We will also not be liable for any loss, damage or injury which may be caused to any person or property in the course of carrying out the Services, nor for any indirect or consequential loss.
(3) You agree that even if we commit a breach of this contract, We will still be entitled to rely upon this clause.
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9. Insurance
Because the Goods are at Your risk, We believe it is in Your interest to have them covered by insurance during transit and/or storage. We do not insure the Goods, nor can we arrange insurance of the Goods on your behalf.
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10. Subcontracts and Subcontractors
(1) You agree that We may subcontract the whole or any part of the Services.
(2) The provisions in these conditions which limit our liability (such as clause 8) also apply to Our Subcontractors and to Our employees and the employees of Our Subcontractors.
(3) No claim relating to the Goods or the Services may be brought by You or any other person claiming to have any interest in the Goods against any Subcontractor or any of Our employees of any Subcontractor. If any such claim is made, You agree to indemnify Us and the parties against whom the claim is made against the consequences of the claim.
(4) For purposes of (2) and (3) above, We are deemed to be, acting as agent or trustee on behalf of each of the Subcontractors and employees referred to, and each of them shall to the extent be deemed to be parties to this contract.
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11. Charges, Payments and Liens
(1) Where Our freight or storage charge is based or partly on weight or measurement, You agree that We may at any time weigh or measure the Goods, and charge a proportional additional amount if any original or stated weight or measurement is thereby found to be incorrect.
(2) If Our charge is based on weight, Goods weighing less than 250 kgs per cubic metre or part thereof will be charged at the rate of 250kgs per cubic metre.
(3) Our freight charges shall be deemed fully earned as soon as the Goods are loaded and despatched.
(4) If You arrange with Us or instruct Us that Our charges are to be paid by a third party, and if that party does not pay the charges within 7 days of the date set for payment or, if no date is set for payment, within 7 days of the date of Invoice, You agree to thereupon pay the charges.
(5) All Goods are accepted by Us only on the basis that they are subject to a general lien for all charges due by You to Us. If the lien is not satisfied, We may at Our option, and without any notice, sell all or any of the Goods upon such terms as We think fit and apply the proceeds in or towards discharge of the lien and costs of sale and We will not be liable to any person for any loss or damage as a result.
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12. Inspection of the Goods
You agree that We are entitled to open any document or any container (of whatever description) in which the Goods are placed or carried for the purposes of determining their nature or condition of the Goods or their ownership or destination.
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13. Amendments and Variations
You and We will not be bound by any agreement or waiver which might vary these conditions unless it is in writing and signed on behalf of each of You and Us by an executive officer.
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14. Provisions Severable
If any provision or part of any provision of these conditions is unenforceable, illegal or void then it is severed to the intent that the rest of these conditions remain in force.
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15. Trade Practices Act Applicable
If, despite Your warranty in clause 4(4), the Services are not required by You for the purposes of a business, trade, profession or occupation in which You are engaged, the contract will be subject to the warranties implied by section 74 of the Trade Practices Act 1974.
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16. Claims Against the Company
If, notwithstanding clause 8, We are liable for loss or damage or delay, no claim may be made by You unless notice of the claim is lodged in writing addressed to Our Managing Director within 2 business days after delivery was effected or would in the ordinary course of business have been effected.
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17. Governing Law and Jurisdiction
These conditions shall be governed and constructed in accordance with the laws of the State or Territory in which the contract for carriage or storage is made, and any proceedings against the Company shall be brought in that State or Territory and not elsewhere within 12 months from the date of contract.
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