CONDITIONS OF CARRIAGE


1. DEFINITIONS

In these conditions:

      • “Carrier”: Refers to custm and its affiliated companies, divisions, subsidiaries, subcontractors, and freight solutions partners.

      • “Client”: Any person, entity, or company engaging custm for transport or freight management services.

      • “Freight Solutions”: where custm engages multiple carriers, partners and third-party transport providers to manage a Client’s freight

      • “Jobs” or “Shifts”: Work assigned to custm‘s direct contractors for transport and logistics operations.

      • “Goods”: Cargo or freight managed or transported under this Agreement

      • “Carriage” includes all services undertaken by custm in respect of goods.

    2. SERVICES

        • custm acts as a Freight Solutions provider and may engage multiple carriers, sub contractors and/or third parties for transportation including storage or special handling.

        • The Client acknowledges custm‘s right to match freight with multiple carriers at its discretion.

        • custm reserves the right to refuse carriage at its discretion and shall not be bound by any agreement, varying these conditions unless in writing and signed by an authorised officer.

        • Freight Solutions services are subject to availability and are priced per custm’s Rate Card.

      3. CARRIAGE & DELIVERY

          • custm may have goods carried, stored, or handled by any subcontractor, agent, or third party.

          • Delivery is deemed complete upon obtaining a receipt, signed delivery docket or proof of delivery at the designated address, unless authority to leave (ATL) has been granted by the Client.

          • If delivery cannot be made, custm may store, redeliver or return goods at the Client’s expense.

        4. LIABILITY & INDEMNITY

            • custm is not a common carriers and accepts no liability as such.

            • To the extent permitted by law, custm shall not be liable for loss, damage, delay or deterioration of Goods.

            • The Client indemnifies custm and its subcontractors from any claims relating to loss or damage during carriage.

            • custm reserves the right to open and inspect goods to determine compliance with regulations.

            • The Client acknowledges that custm does not provide insurance for the Goods unless expressly agreed in writing.

            • custm shall not be liable for any delay or failure to perform services due to events beyond its reasonable control including but not limited to weather events, industrial action, road closures, or government restrictions.

            • Any claim for loss or damage must be notified to custm in writing within 7 days of delivery.

            • The Client acknowledges that any claims must be directed to the respective carrier responsible for transport.

            • A Proof of Delivery (POD) signed by the receiver in good order will be deemed evidence that the Goods were delivered without visible damage and may limit the Client’s ability to make a claim.

          5. RATES & PRICING

              • Freight Solutions Pricing: Charges are based on custm’s multi-carrier agreements and include a management fee.

              • Jobs & Shifts Pricing: As per the custm Rate Card, standard rates apply for specific vehicle types, shifts, and hours of operation.

              • The Client warrants that all information provided regarding the Goods, including weight, dimensions, contents, and delivery details, is accurate. custm reserves the right to adjust charges where incorrect or incomplete information is provided.

              • custm reserves the right to adjust pricing based on fuel, operational costs, and surcharges.

            6. ADDITIONAL CHARGES

                • Fuel surcharge: Variable based on Australian Institute of Petroleum rates.

                • After-hours surcharge: +15% outside 6 AM–6 PM.

                • Weekend & Public Holiday Loadings: +10% (Saturday), +20% (Sunday), +50% (Public Holidays).

                • Pallet & Packaging Fees: The Client is responsible for pallet-related costs.

                • Toll Reimbursements: Subject to reconciliation and a 7% administrative fee.

                • Other surcharges as applicable from the carrier, including but not limited to hand unload, tail gate, length, oversized, residential, manual handling, relabelling, redeliveries, no data, futile, exceeding standard loading and unloading time allowances, return freight, and other miscellaneous charges as required.

                • Shipping containers will incur further surcharges as applicable by the transporting carrier, empty park and terminal locations.

              7. PAYMENT TERMS

                  • Standard payment terms: 7 days from invoice date unless otherwise agreed.

                  • Late payment charge: 4% interest per month on overdue amounts.

                  • Invoice financing costs may apply if custm advances payments to contractors weekly.

                8. STORAGE & LIEN

                    • custm has a lien on goods for unpaid freight or charges.

                    • Goods may be sold if unpaid after one month (immediately for perishables).

                  9. DANGEROUS GOODS & COMPLIANCE

                      • The Client must provide full documentation for hazardous goods and indemnifies custm for any liability arising from non-compliance.

                      • If goods are deemed hazardous, custm may dispose of them without compensation.

                      • The Client is responsible for ensuring compliance with transport laws and packaging standards.

                    10. NON-SOLICITATION

                        • During the term of engagement and for twelve (12) months following termination, the Client must not circumvent custm by directly engaging any carrier, driver or subcontractor introduced or matched by custm, unless otherwise agreed in writing by an authorised officer of custm

                        • The Client agrees that $10,000 per contractor represents a genuine pre-estimate of the loss incurred by custm.

                        • The Client acknowledges this restriction is necessary to protect custm’s relationships and investments

                      11. DEFAULT & DEBT RECOVERY
                      custm reserves the right to report payment defaults and initiate debt recovery.
                      The Client is responsible for all legal and administrative costs related to debt collection.

                      12. NOTICES & COMMUNICATION

                      All notices must be delivered in writing via personal delivery, post, fax, or email to the last known Client contact details. These Conditions of Carriage apply to all services provided by custm and remain in force unless superseded by a written agreement signed by an authorised officer of custm.

                      13. TERMINATION

                      Either party may terminate this Agreement with 30 days’ written notice. Immediate termination applies for material breaches.

                      14. GOVERNING LAW

                      This Agreement shall be governed by the laws of Victoria, Australia, and disputes shall be resolved in Victorian courts.