{"id":21263,"date":"2020-05-12T02:04:07","date_gmt":"2020-05-12T02:04:07","guid":{"rendered":"http:\/\/dev.milintransport.com.au\/?page_id=21263"},"modified":"2025-01-24T11:30:49","modified_gmt":"2025-01-24T01:30:49","slug":"terms","status":"publish","type":"page","link":"https:\/\/milintransport.com.au\/?page_id=21263","title":{"rendered":"terms"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]<\/p>\n

Background<\/h3>\n
    \n
  1. These terms and conditions apply to all Services provided by Milin Transport Pty Ltd (\u2018Milin Transport<\/strong>\u2019) to the Client.<\/li>\n
  2. The Client is engaging Milin Transport for transportation Services.<\/li>\n
  3. In the event that the Client signs the Account Application Form and\/or Quotation these terms and conditions will apply to that order.<\/li>\n<\/ol>\n

    [\/vc_column_text][vc_column_text css=””]<\/p>\n

    1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interpretation<\/h4>\n

    1.1.\u00a0\u00a0\u00a0 Definitions<\/strong><\/p>\n

    In these terms and conditions:<\/p>\n

    (a)\u00a0\u00a0 Account Application Form<\/strong> means an account applications in the form provided to the Client by Milin Transport.<\/p>\n

    (b)\u00a0\u00a0 Agreement <\/strong>means these terms and conditions.<\/p>\n

    (c)\u00a0\u00a0 Client <\/strong>means the party signing the Account Application Form and Quotation.<\/p>\n

    (d)\u00a0\u00a0 Confidential Information <\/strong>includes any information marked as confidential and any information received or developed by the Client during the term of this Agreement, which\u00a0is not publicly available and relates to processes, equipment and techniques used by Milin Transport in the course of their business. This includes all information, data, drawings, specifications, documentation, source or object code, designs,\u00a0construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists,\u00a0financial information and business plans.<\/p>\n

    (e)\u00a0\u00a0 Goods <\/strong>means the cargo accepted from the Client.<\/p>\n

    (f)\u00a0\u00a0\u00a0 Hire Equipment<\/strong> means pallets and cages, and any other equipment hired for the purpose of transporting freight.<\/p>\n

    (g)\u00a0\u00a0 Dangerous <\/strong>includes, but is not limited to, volatile, inflammable, radioactive, explosive, noxious and the potential to cause damage to persons or property.<\/p>\n

    (h)\u00a0\u00a0 GST <\/strong>has the same meaning as in A New Tax System (Goods and Services Tax) Act <\/em>1999 (Cth).<\/p>\n

    (i)\u00a0\u00a0\u00a0 Loss <\/strong>means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.<\/p>\n

    (j)\u00a0\u00a0\u00a0 Party <\/strong>means either the Client or Milin Transport as the case requires, Parties <\/strong>means both the Client and Milin Transport.<\/p>\n

    (k)\u00a0\u00a0 Reserve Bank Benchmark Interest Rate<\/strong> means the interest rate defined in Section 109ZD of the Income Tax Assessment Act 1936 (Cth)<\/em>.<\/p>\n

    (l)\u00a0\u00a0\u00a0 Services <\/strong>means carriage and transportation.<\/p>\n

    (m)\u00a0 State <\/strong>means the State specified in the Account Application Form.<\/p>\n

    (n)\u00a0\u00a0 Quotation<\/strong> means the quotation provided by Milin Transport to the Client for Services.<\/p>\n

    2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Entire Agreement<\/h4>\n

    2.1.\u00a0\u00a0\u00a0 These terms and conditions governing the relationship between Milin Transport and the Client, for any Services (of any kind) provided by Milin Transport to the Client are set out in full in this Agreement, the Quotation and the Account Application Form. This Agreement applies to all dealings between Milin Transport and the Client unless varied in writing by Milin Transport.<\/p>\n

    2.2.\u00a0\u00a0\u00a0 No terms sought to be imposed by the Client on Milin Transport apply unless authorised in accordance with Clause 2.1.<\/p>\n

    2.3.\u00a0\u00a0\u00a0 All rights and conditions implied by law as they relate to the Parties are excluded unless contained within this Agreement. This applies unless the rights, terms and conditions cannot be excluded. If this is the case, they are taken to form part of this Agreement.<\/p>\n

    2.4.\u00a0\u00a0\u00a0 This Agreement applies to all present and future dealings with Milin Transport.<\/p>\n

    2.5.\u00a0\u00a0\u00a0 Nothing in this clause limits the ability of Milin Transport to update its rates from time to time which may be reflected in any new Quotation.<\/p>\n

    3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Common Carrier<\/h4>\n

    3.1.\u00a0\u00a0\u00a0 Milin Transport is not a common carrier and reserves the right to refuse the carriage of any Goods, and reserves the right not to issue a Quotation for any particular requested service.<\/p>\n

    3.2.\u00a0\u00a0\u00a0 Milin Transport does not provide mechanical handling (such as crane hire) and insurance is not included.<\/p>\n

    3.3.\u00a0\u00a0\u00a0 The Client is required to supply their own insurance for the Goods.<\/p>\n

    4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Quotation<\/h4>\n

    4.1.\u00a0\u00a0\u00a0 Milin Transport will issue a Quotation to the Client for the Services requested by the Client through purchase orders or other methods of communication including but not limited to:<\/p>\n

    (a)\u00a0\u00a0 telephone;<\/p>\n

    (b)\u00a0\u00a0 email; and<\/p>\n

    (c)\u00a0\u00a0 in person discussion.<\/p>\n

    4.2.\u00a0\u00a0\u00a0 The Client is required to inform Milin Transport of the accurate size and weight of loads prior to receiving a Quotation. Any variant to this will void the Quotation and may result in additional charges.<\/p>\n

    4.3.\u00a0\u00a0\u00a0 The Client is taken to have agreed to the terms and conditions of the Service upon signing or communicating acceptance of the Quotation.<\/p>\n

    4.4.\u00a0\u00a0\u00a0 The Quotation price includes one (1) hour at each end to load and unload each trailer. The Client will be charged demurrage for any time in\u00a0 excess of one (1) hour loading or unloading. The demurrage hourly rate will be dependent on the type of vehicle or trailer utilized for the specific job.<\/p>\n

    4.5.\u00a0\u00a0\u00a0 The Quotation is valid for thirty (30) days, after which it is revoked.<\/p>\n

    4.6.\u00a0\u00a0\u00a0 The rates and charges applicable to the Client are those as notified in writing by way of the Quotation.<\/p>\n

    5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Payment and Charges<\/h4>\n

    5.1.\u00a0\u00a0\u00a0 Milin Transport will charge the Client for the Services in accordance with the Quotation.<\/p>\n

    5.2.\u00a0\u00a0\u00a0 The Client will pay Milin Transport any charges within thirty (30) days of the date of any invoice issued by Milin Transport. An account keeping fee of $20.00 per month will be imposed on overdue amounts.<\/p>\n

    5.3.\u00a0\u00a0\u00a0 In addition to chargers set out in the Quotation, the Client must pay Milin Transport for the additional expenses as incurred by Milin Transport in providing the Service and maintaining this account (Additional Charges<\/strong>). These include:<\/p>\n

    (a)\u00a0\u00a0 fuel surcharges;<\/p>\n

    (b)\u00a0\u00a0 account keeping fees;<\/p>\n

    (c)\u00a0\u00a0 minimum pick-up fees;<\/p>\n

    (d)\u00a0\u00a0 excessive proof of delivery requests;<\/p>\n

    (e)\u00a0\u00a0 late fees;<\/p>\n

    (f)\u00a0\u00a0\u00a0 costs and expenses associated with delays in loading or unloading; and<\/p>\n

    (g)\u00a0\u00a0 labour to load or unload the freight.<\/p>\n

    5.4.\u00a0\u00a0\u00a0 The Additional Charges are as published from time to time as notified in writing to the Client. If no figures are published or notified, then they are charged at cost plus 5%.<\/p>\n

    5.5.\u00a0\u00a0\u00a0 The Client may not withhold payment for:<\/p>\n

    (a)\u00a0\u00a0 the Client making an insurance claim;<\/p>\n

    (b)\u00a0\u00a0 the Client making a warranty claim;<\/p>\n

    (c)\u00a0\u00a0 Milin Transport failing to provide a proof of delivery (POD) (see clause 6.5);<\/p>\n

    (d)\u00a0\u00a0 transportation by other means than requested; or<\/p>\n

    (e)\u00a0\u00a0 a cross claim against Milin Transport.<\/p>\n

    5.6.\u00a0\u00a0\u00a0 Any discounts which have been offered on the Quotation are contingent upon the Client observing and complying strictly with the terms in this Agreement. This includes payment of invoices within\u00a0trading terms. Discounts to all invoices will cease to apply if payments are not made within trading terms.<\/p>\n

    5.7.\u00a0\u00a0\u00a0 Milin Transport accepts pallets only on the condition that all charges pertaining to the pallets will be paid by the Client. Milin Transport accepts no responsibility for\u00a0return of pallets.<\/p>\n

    5.8.\u00a0\u00a0\u00a0 [Optional: Consider additional charge information such as:<\/p>\n

    (a)\u00a0\u00a0 A minimum pick up fee will apply for prepaid, local overnight, road express and overnight express consignments. If the transport value of the entire pick up exceeds minimum pick up fee, then the minimum pick\u00a0up fee does not apply.<\/p>\n

    (b)\u00a0\u00a0 A redelivery charge will apply where an attempt to deliver fails due to receiver being unavailable or unable to sign for delivery.<\/p>\n

    (c)\u00a0\u00a0 Where a specific delivery time is requested for a delivery, a pre-alert charge will apply.<\/p>\n

    (d)\u00a0\u00a0 In some country and regional areas, on-forwarding charges will apply.<\/p>\n

    (e)\u00a0\u00a0 A full listing of all miscellaneous charges accompanies the Client\u2019s quote and is available on request:<\/p>\n

    (f)\u00a0\u00a0\u00a0 a surcharge for Freight Oversized Home Deliveries (FOHD<\/strong>) will apply at the rates as notified in writing to the Client; and<\/p>\n

    (g)\u00a0\u00a0 multiple Item Home Deliveries must be presented to the Milin Transport as a consolidated (matched) consignment and not as individual items on separate pallets.<\/p>\n

    5.9.\u00a0\u00a0\u00a0 In addition, prepaid satchels, stickers or consignment notes:<\/p>\n

    (a)\u00a0\u00a0 are not to be used for Dangerous\/hazardous goods or valuable items;<\/p>\n

    (b)\u00a0\u00a0 do not have insurance available;<\/p>\n

    (c)\u00a0\u00a0 are valid for six (6) months from purchase, and are non-refundable and non-transferable;<\/p>\n

    (d)\u00a0\u00a0 are not to exceed the indicated weight; and<\/p>\n

    (e)\u00a0\u00a0 do not allow multiple prepaid items on the one item or multiple prepaid items to the same destination.]<\/p>\n

    6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Delivery<\/h4>\n

    6.1.\u00a0\u00a0\u00a0 The estimated time of arrival is an estimate only.<\/p>\n

    6.2.\u00a0\u00a0\u00a0 Freight is considered earned as soon as the Goods are loaded and dispatched. Cancellation fees apply.<\/p>\n

    6.3.\u00a0\u00a0\u00a0 In order to provide the Service specified by the Client, Milin Transport reserves the right to use, or may use, any method or methods of carriage at its absolute discretion including, without limitation, road,\u00a0rail, sea or air and the Client is deemed to have authorised such method of methods. It is the responsibility of the Client to comply with all the applicable laws (including, where necessary, the Australian Code for the Transport of Dangerous Goods by\u00a0Road and Rail, Civil Aviation Regulations and International Maritime Dangerous Goods Code) relating to the notification or description on the consignment note or in another written form. Milin Transport may, where necessary, subcontract the Services\u00a0on any terms whatsoever.<\/p>\n

    6.4.\u00a0\u00a0\u00a0 Milin Transport may charge for frustrated delivery to cover Milin Transport\u2019s costs and expenses.<\/p>\n

    6.5.\u00a0\u00a0\u00a0 The Client acknowledges that Milin Transport will use its best endeavours to provide PODs on request (surcharge may apply). Milin Transport accepts that PODs may not be available to the Client for all deliveries.\u00a0The Client agrees that it has no right to demand a POD nor is Milin Transport liable to the Client for failing to provide a POD and that the non-provision of POD is not a reason to withhold Payment. It is agreed that any of the following are evidence of the same even without a POD:<\/p>\n

    (a)\u00a0\u00a0 a statement signed by the delivery driver that delivery was made;<\/p>\n

    (b)\u00a0\u00a0 driver\u2019s run sheet;<\/p>\n

    (c)\u00a0\u00a0 Personal Data Authority confirmation;<\/p>\n

    (d)\u00a0\u00a0 signed acknowledgment of recipient;<\/p>\n

    (e)\u00a0\u00a0 agent\u2019s consignment note;<\/p>\n

    (f)\u00a0\u00a0\u00a0 signed label;<\/p>\n

    (g)\u00a0\u00a0 POD run sheet; or<\/p>\n

    (h)\u00a0\u00a0 driver run book of that delivery.<\/p>\n

    7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Liability and exclusion of bailment<\/h4>\n

    7.1.\u00a0\u00a0\u00a0 To the fullest extent permitted by law, the obligations of a bailor are excluded. Milin Transport will not be responsible for any Loss of, or damage to, or incorrect delivery of, or delay in the delivery of, any\u00a0Goods (including perishable Goods) unless . This applies:<\/p>\n

    (a)\u00a0\u00a0 to any Loss or damage suffered by the Client or any other person, including Loss of profit, indirect or consequential Loss, howsoever caused or arising, whether an authorised or unauthorised act under this Agreement,\u00a0and whether caused by the negligence, recklessness or willful negligence or misconduct of Milin Transport\u2019s servants, agents, employees, subcontractors or otherwise; and<\/p>\n

    (b)\u00a0\u00a0 to any Loss or damage resulting from or attributable to any quotation, statement, representation or information, oral or written, made or given on behalf of Milin Transport or its servants, agents employees or\u00a0subcontractors as to the classification of, liability for, amount, scale or rate of custom duty, excise duty or other impost or tax applicable to any Goods in carriage or subject of any Service.<\/p>\n

    7.2.\u00a0\u00a0\u00a0 The Client expressly agrees that this Agreement contains no clause, condition or warranty express or implied, which would make Milin Transport responsible for any Loss, damage, incorrect delivery, non-delivery\u00a0or delay in the delivery of Goods. This clause must not be construed so as to exclude or limit any liability of Milin Transport to consumers which arises under the Australian Consumer Law. To the extent that it may be permitted by that legislation\u00a0the liability of Milin Transport, if any, shall be limited to the supplying again of any services to be supplied by Milin Transport to the Client or the payment by Milin Transport to the Client of the cost of having such services supplied\u00a0again.<\/p>\n

    7.3.\u00a0\u00a0\u00a0 Nothing in clauses 7.1 or 7.2 limits Milin Transport\u2019s obligations pursuant to the \u201cwarranty on deliveries\u201d where taken out by the Client at the point of order of service.<\/p>\n

    7.4.\u00a0\u00a0\u00a0 The Client undertakes to indemnify Milin Transport in respect of any liability, cost (including legal and recovery costs on a solicitor and client basis) or expense whatsoever and howsoever arising in connection\u00a0with the Goods to any person who is found to have any interest in the Goods. The Client will indemnify Milin Transport for any claim, Loss, damage, payment, fine, expense, duty, tax, impost, or other outlay whatsoever or howsoever caused, whether\u00a0arising directly or indirectly or indirectly from any service arranged or performed by the company in respect of the Goods or in for any such cost incurred as a result of any breach of the terms, conditions or warranties in this Agreement by the Client.<\/p>\n

    7.5.\u00a0\u00a0\u00a0 The Client will not tender for carriage any explosive, inflammable or other Dangerous goods or Restricted Articles within the meaning of The Air Navigation Orders, part 33 of the International Air Transport Association Restricted Articles Regulations\u00a0and will be liable for all Loss and damage of whatever nature (and whether foreseeable or not) occasioned by any person, including Milin Transport.<\/p>\n

    7.6.\u00a0\u00a0\u00a0 It is the responsibility of the Client to package the Goods appropriately for the required conditions where known. Milin Transport is authorised to deliver the Goods at the address given to Milin Transport by the Client and the Services will be deemed performed if at that address the carrier obtains from any person a receipt or signed delivery docket for the Goods. If the nominated place of delivery should be unattended, Milin Transport may at its\u00a0option deposit the Goods at that place or store the Goods. If the latter, the Client must pay or indemnify Milin Transport for all costs associated with such storage. If the Goods are stored, Milin Transport may charge for\u00a0re-delivery.<\/p>\n

    7.7.\u00a0\u00a0\u00a0 The Client acknowledges that it is aware that Milin Transport is not an insurer of Goods (either warehoused or in transit) and that Milin Transport does not affect insurance on behalf of the Client. The\u00a0Client notes that under these conditions of carriage, subject to its obligations pursuant to the \u201cwarranty on deliveries\u201d, it has no liability for Loss of or damage to the Goods and that if the Client wishes to protect itself from exposure\u00a0to potential Loss of this nature, it should arrange its own insurance.<\/p>\n

    7.8.\u00a0\u00a0\u00a0 To the extent permitted by law, notice in writing of any claim intended to be made under this Agreement must be given to Milin Transport within fourteen (14) days after the date of delivery or, in the case of non-delivery\u00a0within thirty (30) days from the date the Services should have been completed, or the Goods should have been delivered, and unless so given and made the claim however so made shall be extinguished and will not be enforceable against Milin Transport.<\/p>\n

    8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Subcontracting<\/h4>\n

    8.1.\u00a0\u00a0\u00a0 The Client acknowledges and agrees that Milin Transport may provide the Services to the Client by causing another person or company to provide the Services and Milin Transport may engage other parties to carry out the Services. Provided that Milin Transport thoroughly vets, trains and inducts the subcontractor to ensure that the Service provided described in this Agreement to the Client.<\/p>\n

    9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Pallets<\/h4>\n

    9.1.\u00a0\u00a0\u00a0 Milin Transport will only accept a pallet type agreed between the parties and if the Client has an account for the pallet type, the Client must provide details of that account to Milin Transport prior to commencement of trading.<\/p>\n

    9.2.\u00a0\u00a0\u00a0 The Client must confirm prior to trading with Milin Transport the type of Hire Equipment that will be used with Milin Transport. Milin Transport will not be liable for any Loss or replacement of Hire\u00a0Equipment lost or misplaced in transit under any circumstances unless the Client has notified Milin Transport in accordance with this clause.<\/p>\n

    9.3.\u00a0\u00a0\u00a0 If freight is delivered to and Milin Transport depot on pallets, the Client may request Milin Transport to exchange pallets at Milin Transport depot provided the Client supplies all required documentation\u00a0(such as exchange movement dockets or similar) in the Client\u2019s format to state that the freight was supplied on a hire pallet.<\/p>\n

    9.4.\u00a0\u00a0\u00a0 Milin Transport will not carry empty pallets to pick up destinations under any circumstances.<\/p>\n

    9.5.\u00a0\u00a0\u00a0 Milin Transport accepts no responsibility for Loss or damage to pallets left at the address of the consignee (whether attended or not).<\/p>\n

    9.6.\u00a0\u00a0\u00a0 It is the Client\u2019s responsibility to manage Hire Equipment that is dispatched with Milin Transport\u2019s driver in accordance with this clause 9. The role of Milin Transport on-site supervisor and driver\u00a0is limited to signing transfers off and other documentation set out in this clause 9 in accordance with pallet counts.<\/p>\n

    9.7.\u00a0\u00a0\u00a0 The Client accepts responsibility to recover pallets from consignees in circumstances where Milin Transport\u2019s drivers are unable to carry out pallet exchanges on delivery. Milin Transport\u2019s drivers\u00a0will accept exchanges from consignees and return to Clients within 48 hours at the Client\u2019s cost. Return rates will be charged.<\/p>\n

    9.8.\u00a0\u00a0\u00a0 All claims relating to pallets or Hire Equipment must be made within 180 days from the date of dispatch. Claims made after this period will be rejected. Claims include rejections and corrections to previously raised\u00a0pallet transfers.<\/p>\n

    9.9.\u00a0\u00a0\u00a0 All pallet discrepancies older than three (3) months will require one (1) month for Milin Transport to reconcile. Pallets will only be honoured once all completed documentation (as requested by Milin Transport) is provided\u00a0by the Client to enable reconciliation.<\/p>\n

    9.10.\u00a0 If the Client gives Milin Transport plain pallets, the Client must obtain a signature from Milin Transport\u2019s representative by way of receipt of those pallets. Claims for plain pallets will be rejected\u00a0without signed receipts. Milin Transport is not required to return plain pallets the same age or quality and functional plain pallets shall be regarded as identical to those supplied regardless of age or condition.<\/p>\n

    9.11.\u00a0 The Client releases Milin Transport from all liability, claims and demands relating to pallets except as made in accordance with this clause\u00a09.<\/p>\n

    10.\u00a0\u00a0\u00a0\u00a0 Title and Personal Property Security Act (the Act)<\/h4>\n

    10.1.\u00a0 The Client grants Milin Transport a security interest pursuant to the Act in all Goods the subject of the Services and held in Milin Transport\u2019s possession.<\/p>\n

    10.2.\u00a0 While the Client complies with this Agreement Milin Transport will not seek to register its interest in the Goods but will do so if the Client breaches any of the terms of this Agreement, including payment outside\u00a0of the trading terms (in relation to any service, unrelated to the Goods or otherwise).<\/p>\n

    10.3.\u00a0 The Client will, upon request, execute any documents, provide all necessary information and do anything else required by Milin Transport to ensure that the security interest constitutes a \u201cperfected security\u00a0interest\u201d as defined in the Act, in order for the interest to have priority over all other security interests in the Goods not already registered.<\/p>\n

    10.4.\u00a0 If the Client is in breach of these terms and Milin Transport takes steps to register its interest, the Client agrees to pay upon demand all of Milin Transport\u2019s expenses and legal costs (on a solicitor\u00a0and client basis) in or in connection with the registration of a financing statement or financing change statement relating to the security interest created by this Agreement.<\/p>\n

    11.\u00a0\u00a0\u00a0\u00a0 Charge and Security<\/h4>\n

    11.1.\u00a0 In this clause, Property means real property while the Act is in force, and both real and personal property if the Act is repealed or no longer applies to personal property.<\/p>\n

    11.2.\u00a0 The Client charges in Milin Transport\u2019s favour all of its estate and interest in any Property that it owns now or in the future with due Payment to Milin Transport of all monies owing or may become\u00a0payable in accordance with this Agreement.<\/p>\n

    11.3.\u00a0 Milin Transport has a lien on the Goods and all associated documents and on any Goods in which the Client may have an interest, and which may have come into Milin Transport\u2019s possession for any reason.\u00a0The lien is a general lien for all monies owing, or alleged by Milin Transport to be owing, by the Client to Milin Transport.<\/p>\n

    12.\u00a0\u00a0\u00a0\u00a0 Uncollected Goods<\/h4>\n

    12.1.\u00a0 If Goods are undeliverable for whatever reason Milin Transport will hold them in safe keeping for three months (unless otherwise agreed between the Parties). The cost of the storage will be paid by the Client. Milin Transport will be entitled to retain the Goods until Payment of the storage fees have been paid.<\/p>\n

    12.2.\u00a0 If after the period of storage noted in clause 12.1, the Goods are not collected (and regardless of whether the Service has been paid for and regardless of any notice being provided to the Client that the Goods are\u00a0being held), the Client authorises Milin Transport to dispose of those Goods by way of public auction. Milin Transport may apply the proceeds firstly in payment of the storage and attempted delivery (if any) fees, secondly against any auction\u00a0costs and any incidental costs of Milin Transport (including the costs of its employees or agents or solicitors in arranging the sale or disposal of the Goods). The balance will be paid to the Treasury under the applicable legislation of the State\u00a0where the Goods are stored.<\/p>\n

    12.3.\u00a0 If, in the opinion of Milin Transport, the costs associated with the sale will exceed the proceeds to be obtained, Milin Transport may dispose of the Goods by any means after the period of three months unless otherwise agreed between the parties, be that by donation to charity or otherwise.<\/p>\n

    13.\u00a0\u00a0\u00a0\u00a0 Storage<\/h4>\n

    13.1.\u00a0 Goods are stored at the Client\u2019s sole risk. Milin Transport accepts no responsibility in tort or in contract for the Loss of or damage to any Goods howsoever arising. This applies whether or not such Loss\u00a0or damage was occasioned wholly or in part by the negligence or alleged negligence of Milin Transport or its servants agents or sub-contractors or any act omission default neglect, breach of duty or breach of contract by Milin Transport, its\u00a0servants agents or sub-contractors. This exemption extends not only to loss or damage to the Goods themselves, but to any Loss consequently arising from such Loss or damage. The provisions of this clause apply irrespective of the manner in which, or\u00a0the time at which, or the reason by which any such Loss or damage may occur and despite that such Loss or damage may be the fault of Milin Transport.<\/p>\n

    13.2.\u00a0 Milin Transport may store, warehouse and land the Goods in any place, store or warehouse whatsoever and every such dealing with the Goods shall be deemed to be within the scope of these conditions.<\/p>\n

    13.3.\u00a0 The Client warrants that the Client is the owner of the Goods or has authority to deal with them and has full right power and authority to store the Goods and to enter into this Agreement, warrants that except where\u00a0the receipt for the Goods are endorsed with the word \u201chazardous\u201d, the Goods are non-hazardous as defined from time to time by the Insurance Council of Australia Limited and warrants that the Goods are free from, and are not likely to encourage\u00a0infestation by vermin or pest.<\/p>\n

    13.4.\u00a0 All charges for storage and other services will be calculated in accordance with Milin Transport\u2019s schedule of charges provided by Milin Transport through written notice.<\/p>\n

    13.5.\u00a0 All charges for storage will accrue from day to day and will be payable from time to time on demand. No accounting reconciliation (or like) conducted by Milin Transport will waive Milin Transport\u2019s\u00a0rights to demand payment under this clause.<\/p>\n

    13.6.\u00a0 Charges for storage and other services do not include insurance which, if required, must be taken out by the Client.<\/p>\n

    13.7.\u00a0 The Client will indemnify Milin Transport against any duties or other moneys which Milin Transport is called upon or obliged to pay in respect of the Goods to any person or body and howsoever arising. Without\u00a0in any way limiting the generality of this Indemnity, it is to include liability on the part of the Client to indemnify Milin Transport in respect of any payment it may be called upon or obliged to pay to the Crown, the Collector of Customs or\u00a0any other statutory body or authority whether representing the Crown or not, as well as any private body company or person and whether the obligation to pay the said duties or moneys arises by reason of any statute proclamation, declaration, rule, by-law\u00a0or other legislative or quasi-legislative act or by reason of liability arising in contract in tort or by reason of the existence of any lien charge bill or sale mortgage or other hypothecation of the Goods or under any hire purchase agreement or by\u00a0reason of the law relating to companies, bankruptcy, insolvency or execution or otherwise. The indemnity conferred upon Milin Transport shall continue in full force and effect whether or not the Goods are or have been pillaged, stolen, lost,\u00a0damaged or destroyed and shall not be affected in any way if such pillaging, stealing, Loss, damage or destruction has occurred or been brought about wholly or in part by the negligence or the alleged negligence or any default omission, neglect or default\u00a0of any such breach of duty or obligation of Milin Transport, its servants or agents.<\/p>\n

    13.8.\u00a0 Milin Transport may at any time and in its absolute discretion give 28 days\u2019 notice to the Client to remove its Goods from the warehouse within such further time as is specified in the notice. If the Client\u00a0does not remove the Goods, Milin Transport may sell the Goods according to the provisions of the relevant state legislation and the regulations relating to warehousemen\u2019s liens.<\/p>\n

    13.9.\u00a0 Milin Transport may without notice and at the Client\u2019s expense remove and if thought fit dispose of or destroy all or any of the Goods which in the opinion of Milin Transport shall be or become deteriorated\u00a0objectionable or unwholesome, a source of danger or contamination or hazardous, as defined from time to time by the Insurance Council of Australia Ltd of the state or territory in which this Agreement is made.<\/p>\n

    13.10.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In the sale of any Goods under these conditions, Milin Transport must comply with the provisions of any legislation or regulations relating to warehousemen\u2019s liens, as regulate the sale of Goods by a warehouseman.<\/p>\n

    13.11.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Milin Transport is entitled to subcontract any part of the warehousing in its absolute discretion and is entitled to move the Goods between warehouses under its control from time to time. Any requests by the Client\u00a0for the Goods to be transported or moved shall, if accepted by Milin Transport, be transported on Milin Transport\u2019s standard terms and conditions prevailing at the time of the request.<\/p>\n

    14.\u00a0\u00a0\u00a0\u00a0 Default in payment<\/h4>\n

    14.1.\u00a0 In the event where Milin Transport refers an overdue amount to a lawyer, the Client shall also pay as a liquidated debt the chargers reasonably made or claimed by the lawyer on the indemnity basis.<\/p>\n

    14.2.\u00a0 Where more than one (1) party is liable for payment on the account, they will be liable jointly and severally.<\/p>\n

    14.3.\u00a0 The Client covenants that the information provided in the Accounts Application Form is true and correct.<\/p>\n

    14.4.\u00a0 Property in the Goods will not pass until payment of those Goods are made in full in accordance with clause 10. The Client shall keep such Goods separate and shall allow access to Milin Transport to repossess the Goods where the account if more than thirty (30) days overdue or where the Client goes into receivership, liquidation or administration.<\/p>\n

    15.\u00a0\u00a0\u00a0\u00a0 Recovery, interest and suspension of account<\/h4>\n

    15.1.\u00a0 \u00a0Milin Transport may at its discretion charge interest on overdue accounts at the rate of 3% higher than the Reserve Bank Benchmark Interest Rate.<\/p>\n

    15.2.\u00a0 The Client will pay to Milin Transport all costs and expenses incurred in the recovery, or attempted recovery, of overdue accounts including but not limited to all costs and expenses payable to mercantile agents,\u00a0solicitors (on a solicitor and client basis) and third parties in securing any account balance, outstanding or otherwise. These costs shall extend to the costs in defending actions, or advice incidental to the account, while overdue, despite\u00a0that same is not categorised as debt recovery.<\/p>\n

    15.3.\u00a0 If at any time the Client is outside of the payment trading terms contained in this Agreement, cancels a pickup or order, seeks or obtains an alternate service provider or is in breach of any other term of this Agreement\u00a0then Milin Transport may suspend the credit account or cease Services as at that date, including where Goods are in transit or warehoused awaiting delivery. If the account is cancelled or suspended, Milin Transport will be at liberty to take\u00a0steps to immediately recover all monies owing for Services provided or contracted without regard to credit terms.<\/p>\n

    15.4.\u00a0 If the Client fails on reasonable demand being made to pay charges due to Milin Transport in respect of any services rendered by Milin Transport then Milin Transport may detain or sell any of the Goods\u00a0of the Client which are in its possession at any time. This applies whether the charges relate to that contract of carriage or previous contracts and, out of the monies arising from such sale, retain any monies due to Milin Transport together with\u00a0all charges and expenses of the detention or sale and will render the surplus (if any) of the monies arising from any sale, and such of the Goods as remain unsold, to the party entitled to that sale. Any such sale will not prejudice or affect the right of\u00a0Milin Transport to recover from the Client the balance of any such charges due or payable in respect of such service, or the detention or sale.<\/p>\n

    16.\u00a0\u00a0\u00a0\u00a0 Deed of Guarantee and indemnity<\/h4>\n

    16.1.\u00a0 A person or party (Guarantor<\/strong>) other than the Client must enter into a Deed of Guarantee and Indemnity upon entering into this Agreement whereby the Guarantor signing the Deed of Guarantee and Indemnity agrees to ensure the Client makes their payments.<\/p>\n

    16.2.\u00a0 In the event the Client does not make their payments, the Guarantor will be responsible for the payments and any incidental costs associated with the Client breaching their obligations under this Agreement.<\/p>\n

    17.\u00a0\u00a0\u00a0\u00a0 Credit limit<\/h4>\n

    17.1.\u00a0 Milin Transport may increase or decrease the Client\u2019s credit limit at its sole discretion and without notice to the Client.<\/p>\n

    18.\u00a0\u00a0\u00a0\u00a0 Change in ownership<\/h4>\n

    18.1.\u00a0 The Client must advise Milin Transport in writing within one (1) day of any change in ownership of the partnership, business or company,\u00a0including a change in shareholding of more than 50% (aggregated), together with any change in the directors, whether or not guarantors to this Agreement.<\/p>\n

    19.\u00a0\u00a0\u00a0\u00a0 Confidential information<\/h4>\n

    19.1.\u00a0 A party must not disclose:<\/p>\n

    (a)\u00a0\u00a0 the Quotation; and<\/p>\n

    (b)\u00a0\u00a0 any information supplied by the other Party regarding this Agreement which is specifically indicated to be confidential.<\/p>\n

    20.\u00a0\u00a0\u00a0\u00a0 Jurisdiction and disputes<\/h4>\n

    20.1.\u00a0 This Agreement is governed and construed\u00a0by the non-exclusive jurisdiction of the courts of Queensland.<\/p>\n

    20.2.\u00a0 The Parties submit to the jurisdiction of the appropriate Court in the jurisdiction referred to in clause 20.1 if there is a dispute.<\/p>\n

    20.3.\u00a0 Where a dispute arises as to the payment of the Client\u2019s account, the Client will pay into an interest-bearing trust account of Milin Transport or its solicitors all monies claimed outstanding by Milin Transport before being entitled to dispute the debt. The Client acknowledges that this clause will operate as a bar commenced against Milin Transport and as a bar to any defence in proceedings commenced by Milin Transport until such time as\u00a0payment required by this clause is made.<\/p>\n

    21.\u00a0\u00a0\u00a0\u00a0 Severability<\/h4>\n

    21.1.\u00a0 If any provision of this Agreement is unenforceable, that provision is severable and its unenforceability will not affect any other part or provision of this Agreement.<\/p>\n

    22.\u00a0\u00a0\u00a0\u00a0 Force Majeure<\/h4>\n

    22.1.\u00a0 Milin Transport will not be liable and shall not be taken to have failed to perform its obligations to deliver the Goods as a result of a Force Majeure Event.<\/p>\n

    23.\u00a0\u00a0\u00a0\u00a0 Credit information and privacy<\/h4>\n

    23.1.\u00a0 The Client authorises Milin Transport to share credit information regarding this Agreement with third parties and to conduct due diligence by contacting third parties to verify the information contained in this\u00a0application, or any other document, and investigate or make enquiries from time to time with those third parties as Milin Transport sees fit so to assess the credit worthiness at any point in time.<\/p>\n

    23.2.\u00a0 The authority given in clause 23.1 is an irrevocable authority and this Agreement may be used as evidence of the Client\u2019s consent when contacting third parties.<\/p>\n

    24.\u00a0\u00a0\u00a0\u00a0 Termination<\/h4>\n

    24.1.\u00a0 Immediate termination<\/p>\n

    (a)\u00a0\u00a0 The Client may immediately terminate this Agreement by notice in writing to Milin Transport if:<\/p>\n

    i.\u00a0\u00a0\u00a0\u00a0 Milin Transport has committed a material breach not capable of remedy;<\/p>\n

    ii.\u00a0\u00a0\u00a0 Milin Transport has committed a material breach capable of remedy and has failed to remedy that breach within fourteen (14) days after the service of written notice specifying the breach and requiring it to be remedied;<\/p>\n

    iii.\u00a0\u00a0\u00a0 there is a change in more than fifty percent (50%) of the direct or indirect beneficial ownership or control of Milin Transport or the Client.<\/p>\n

    (b)\u00a0\u00a0 Milin Transport may immediately terminate this Agreement by notice to the Client if:<\/p>\n

    i.\u00a0\u00a0\u00a0\u00a0 the Client has committed a material breach not capable of remedy; or<\/p>\n

    ii.\u00a0\u00a0\u00a0 the Client has committed a material breach capable of remedy and has failed to remedy that breach within fourteen (14) days after the service of written notice specifying the breach and requiring it to be remedied.<\/p>\n

    24.2.\u00a0 Consequences of termination<\/p>\n

    (a)\u00a0\u00a0 Termination of this Agreement is without prejudice to any right or cause of action already accrued to Client in respect of any breach of this Agreement by the Client.<\/p>\n

    (b)\u00a0\u00a0 Upon termination of this Agreement, the Client is liable to pay Milin Transport its reasonable costs associated with removing the Goods from Milin Transport\u2019s site, including Milin Transport\u2019s fees associated with undertaking those activities.<\/p>\n

    (c)\u00a0\u00a0 The Client agrees that notwithstanding termination of this Agreement, the rates payable by the Client regarding the storage and handling of the Goods (including minimum weekly charges and pallet hire) continue to be payable by the Client until the Client collects the Goods.<\/p>\n

    25.\u00a0\u00a0\u00a0\u00a0 Notices<\/h4>\n

    25.1.\u00a0 Any notice to be given by Milin Transport to the Client are sufficiently given if sent by prepaid ordinary mail enclosed in an envelope addressed to the Client at the address nominated by the Client.\u00a0Any notice will be deemed to be delivered three (3) business days after the date of postage. The deemed service provisions of this clause apply despite any evidence of the Client in relation to actual notice or lack of evidence<\/p>\n

    26.\u00a0\u00a0\u00a0\u00a0 Assignment<\/h4>\n

    26.1.\u00a0 The Client cannot assign their rights and obligations under this Agreement without prior written consent of Milin Transport.<\/p>\n

    27.\u00a0\u00a0\u00a0\u00a0 Variations<\/h4>\n

    27.1.\u00a0 Variations of this Agreement are to be agreed between the Parties.<\/p>\n

    28.\u00a0\u00a0\u00a0\u00a0 Joint and several<\/h4>\n

    28.1.\u00a0 If this Agreement is completed in the name of a partnership, the partners of that business at any one time are jointly and severally liable to Milin Transport for any outstanding account. This will\u00a0be so despite any agreement, compromise or arrangement with one or more of the partners.<\/p>\n

    29.\u00a0\u00a0\u00a0\u00a0 Insolvency<\/h4>\n

    29.1.\u00a0 The Client will 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,\u00a0if a receiver is appointed in respect of the whole or any part of its assets, if it makes an assignment for the benefit of or composition with its creditors generally or threatens to do any of these things, or any judgment is made against the Client\u00a0or any similar occurrence under any jurisdiction affects the Client.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

    [vc_row][vc_column][vc_column_text] Background These terms and conditions apply to all Services provided by Milin Transport Pty Ltd (\u2018Milin Transport\u2019) to the Client. The Client is engaging Milin Transport for transportation Services. In the event that the Client signs the Account Application Form and\/or Quotation these terms and conditions will apply to that order. [\/vc_column_text][vc_column_text css=””] 1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-21263","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/milintransport.com.au\/index.php?rest_route=\/wp\/v2\/pages\/21263","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milintransport.com.au\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/milintransport.com.au\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/milintransport.com.au\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/milintransport.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21263"}],"version-history":[{"count":0,"href":"https:\/\/milintransport.com.au\/index.php?rest_route=\/wp\/v2\/pages\/21263\/revisions"}],"wp:attachment":[{"href":"https:\/\/milintransport.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}