PrimeLogix Terms and Conditions of Transport / Cartage
ACN 688 650 795
(Herein referred to as "PrimeLogix")
Company refers to PrimeLogix Pty Ltd (ACN 688 650 795), its employees, servants, agents, subsidiaries, and associated entities.
Customer refers to the shipper (consignor), receiver (consignee), owner, bailor of the Goods, or any person for whom the Services are performed.
Goods means the chattels, articles or things tendered for carriage, storage, or services, including packaging, pallets, containers, and unit load devices.
Services means any transport, freight, warehousing, carriage, logistics, handling, or related services performed or arranged by the Company.
Dangerous Goods means any Goods classified as dangerous, hazardous, explosive, flammable, radioactive, or harmful under law or in fact.
Valuables include bullion, currency, jewellery, antiques, works of art, or other items of extraordinary value.
Perishable Goods include items subject to degradation over time, such as produce, meat, dairy, and similar.
Prohibited Goods are items designated by the Company as prohibited, as published on its website.
Subcontractor includes:
Words importing the singular include the plural and vice versa. Words referring to a person include companies and partnerships.
The Company is not a common carrier and accepts no liability as such. It may refuse to carry or handle Goods at its discretion, and reserves the right to open and inspect any Goods at the Customer's expense.
The Customer authorises the Company to act as agent and to contract with any third party for Services. Any such contract may include terms that limit or exclude liability.
Warehousing or holding of Goods may occur at any location at the Company's discretion, at the Customer's sole risk and cost, whether primary or incidental to carriage.
The Customer warrants:
(a) they are the owner or authorised agent of the Goods;
(b) the person handing over the Goods is authorised to do so;
(c) all descriptions and declarations are complete and accurate;
(d) no laws are being breached by the performance of Services;
(e) all Goods are properly packed and labelled, and suitable for transport;
(f) all Chain of Responsibility (CoR) obligations under Australian law are met.
(a) The Company is not liable for loss, damage, delay or misdelivery however caused, including negligence or misrepresentation.
(b) Goods are carried at the Customer's risk unless agreed in writing.
(c) Liability (where not excluded) is limited to the lesser of AUD $100 or the value of the Goods when received.
(d) If consumer guarantees apply, the Company may choose to re-perform services or reimburse costs.
(e) No compensation is payable for indirect, special, or consequential loss.
(f) The Company is not liable for failure to collect payment (e.g. C.O.D.)
(g) Claims must be lodged:
• Within 7 days for damage,
• Within 60 days for loss/non-delivery,
• Legal action must be initiated within 6 months in the state of NSW.
All amounts are in Australian Dollars (AUD).
(a) By entering into this agreement, the Customer authorises PrimeLogix Pty Ltd to debit the Customer's nominated bank account or credit card on a weekly basis for Services rendered.
(b) The Customer will be provided with a Direct Debit Request (DDR) form, in accordance with the Bulk Electronic Clearing System (BECS) regulations, prior to commencement of debits.
(c) PrimeLogix will notify the Customer at least 14 days in advance of any changes to debit frequency, amount, or terms.
(d) The Customer may cancel or amend the direct debit arrangement at any time by providing 7 days' written notice.
(e) Failed or dishonoured payments may incur a fee and may result in service suspension until the account is rectified.
(f) PrimeLogix uses secure third-party payment processors and complies with the Payment Card Industry Data Security Standards (PCI DSS).
Unless the Customer expressly requests and pays for insurance cover in writing, the Goods are not insured. The Company is not responsible for arranging insurance unless confirmed in writing.
The Customer acknowledges and agrees to comply with all obligations under the Heavy Vehicle National Law (HVNL) and Chain of Responsibility laws, including:
• Accurate weight declarations,
• Safe load restraint and packaging,
• Timely delivery windows that avoid fatigue breaches or unsafe schedules.
PrimeLogix may refuse to carry any Goods if compliance is at risk.
The Company shall not be liable for any failure or delay in performing its obligations under this agreement where such failure or delay results from events beyond its reasonable control, including but not limited to:
• Acts of God, fire, flood, storm, cyclone, earthquake;
• Epidemics or pandemics;
• War, terrorism, riots or civil unrest;
• Strikes, industrial disputes, lockouts;
• Government restrictions, legislative changes or emergency declarations;
• Failure of utilities, communication networks, subcontractors or carriers.
If the event continues beyond 30 days, either party may terminate the agreement in writing. Obligations affected by the Force Majeure event are suspended for the duration of the event.
To the maximum extent permitted by law:
(a) The Company shall not be liable for any indirect, incidental, punitive or consequential damages, including but not limited to loss of profit, loss of opportunity, or damage to reputation.
(b) Where liability cannot be excluded, the total aggregate liability of the Company arising under or in connection with this agreement shall not exceed the total amount paid by the Customer for the Services relating to the event giving rise to the claim.
For questions regarding these Terms & Conditions, please contact us at connect@primelogix.co