CEVA Logistics (Australia) Pty Ltd –
Standard Vehicle Logistics Terms and Conditions
This contract is between you (“you”) or “your”) and CEVA Logistics (Australia) Pty Ltd (“CEVA”, “us”, “we” or “our”). This contract states the terms on which we will supply services to you and is not negotiable. In this contract, you are our customer, ie., the person engaging our services. Usually (but not always) you are the person specified as the sender on the Quotation or Booking Form. Where a booking for our Services is made using our online booking portal, you acknowledge acceptance of and are bound by these Terms and Conditions.
In these CEVA Vehicle Logistics Terms and Conditions (the ‘Conditions’), the below terms have the following meanings:
(a) ‘CEVA Standard Service’ means the CEVA Standard Service specified in Schedule 1 to these terms;
(b) ‘CEVA Express’ means the CEVA Express service specified in Schedule 1 to these terms;
(c) ‘CEVA Premium Enclosed’ means the CEVA Premium Service specified in Schedule 1 to these terms, and includes the covered service, which is for interstate depot to depot moves only. Any vehicle booked on our covered service requiring local pick up and/or delivery will be picked up and/or delivered on a local open car carrier;
(d) ‘Charges’ means our Rates and any other amounts payable under this Contract including the amounts set out in clause 5.4;
(e) ‘Rates’ means the price for the Services as stipulated by CEVA.
(f) ‘Regulated Entity’ has the same meaning as under the
Corporations Act 2001 (Cth);
(g) ‘Representative’ means any director, officer, employee, agent, contractor, subcontractor, advisor, Related Body Corporate or Related Entity (as that term is defined in the Corporations Act 2001 (Cth) of a party;
(h) ‘Services’ means all services supplied to you by us in respect of vehicle transport, distribution and storage, in any capacity including ancillary services, including but not limited to CEVA Standard Service, CEVA Express, and may include CEVA Premium Enclosed if agreed by us as set out in Schedule 1 and services provided as forwarding agent, shipping agent, forwarder, storer, carrier or bailee.
(i) ‘Vehicles’ means any vehicles accepted by us from you or on your behalf, including cars, light commercials, heavy commercials, trailers, motor bikes, boats or caravans. The standard dimension of cars/sedans and light commercials / SUV’s are as follows:
a. Car / Sedan: Length – 5.1m or under
i. Length – 5.1m or under
ii. Width – 2.1m or under
iii. Height – 1.5m or under
b. Light Commercial / 4WD / SUV
i. Length – 5.1m or under
ii. Width – 2.1m or under
iii. Height – 2.1m or under
c. Minimum Ground Clearance for all vehicles on our car transporters is 120mm with the exception of our premium enclosed trucks.
2. Not a Common Carrier
We are not a common carrier and do not accept any liability as a common carrier. We may refuse to handle, transport or store vehicles for you for any reason whatsoever.
(a) We and any subcontractor may subcontract part or all of our obligations on any terms.
(b) You agree that:
a. Our employees, agents and subcontractors and their employees, agents and subcontractors have the benefit of this Contract (in particular, to paragraphs 6.2, 7.4 and 10) as if they were parties to it; and
b. We hold that benefit on trust for them and can, if requested by them, enforce it on their behalf.
4. If you are a Consumer
(a) If you are a consumer as defined in the Australian Consumer Law, these Conditions do not affect any non-excludable rights you may have as a result of the Australian Consumer Law. If your contract with us is a “consumer contract” as defined by the Australian Consumer Law, there will be certain consumer guarantees deemed to apply to this agreement which cannot be excluded.
(b) In accordance with our rights under that legislation, however, any such guarantees are limited:
a. In the case of the supply of goods, to one or more of the following:
i. The replacement of the goods or the supply of equivalent goods;
ii. The repair of the goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
i. The payment of the cost of having the goods repaired; or
b. In the case of Services;
i. The supplying of the Services again; or
ii. The payment of the cost of having the Services supplied again.
5. Our Charges
(a) You must pay us for the Services in accordance with the Rates plus any other amount owing under these Conditions. Our charges are payable as soon as we collect the vehicle from you, or from the address nominated by you.
(b) You must pay the Charges relating to the transport of the vehicle unless the sender (where you are not also the sender) or the receiver pays them. If another person is nominated in the Quotation or Booking Form as paying the charges, you undertake and warrant that person will pay.
(c) You are obliged to pay within agreed payment terms, i.e.:
i. Pre-Paid Customers (payment at time of booking); or
ii. Approved account customers - within 21 days from date of invoice.
(d) In addition to the Rates we may, in our absolute discretion, charge you for:
a. any additional expenses we incur as a result of any incorrect declaration by you (or someone on your behalf) of the size, quantity, description or modifications to the standard of the vehicles, e.g. roof racks, bull bars, lowered suspensions etc;
b. storage charges, which can be found via the following link, https://cevacarcarrying.com.au/support/table-of-charges, if you are unable to either:
i. pick up the vehicle from our depot within two (2) business days of the vehicle arriving for collection; or
ii. take delivery of the vehicle within two (2) business days of the agreed delivery date;
c. any unsuccessful pick up or delivery fee in metropolitan areas, which can be found via the following link: https://cevacarcarrying.com.au/support/table-of-charges;
d. any unsuccessful pick up or delivery fee in rural or country region areas, which can be found via the following link: https://cevacarcarrying.com.au/support/table-of-charges;
e. our costs to cover the full value of the original booking charge plus any additional costs if you fail to notify us of any alteration of the vehicle collection address or delivery address at least three (3) business days prior to vehicle being in transit;
f. any cleaning charges or costs incurred by us if required for the purpose of any quarantine inspection;
g. a cancellation fee in accordance with paragraph (e) above;
h. interest at the rate under the Penalty Interest Rates Act 1983 (Vic) if any charges are not paid on the due date for payment.
i. any time we spend waiting at the pick up or delivery locations in the event that the delay is the fault of yours (Waiting Charges).
j. an additional handling fee for any vehicle that cannot be self- propelled for loading/unloading (Non-Goer Fee) which can be found via the following link: https://cevacarcarrying.com.au/support/table-of-charges.
(e) Cancellation or refund is only possible if you notify us at least 24 hours prior to the vehicle being in transit and will attract a $100.00 (GST inclusive) processing fee.
(f) We are entitled to retain and be paid all allowances and remuneration paid including those customarily paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees.
(g) You may pay by an approved credit card in the manner stipulated in your Quotation or Booking Form:
a. All transactions will be in Australian currency;
b. Our services are subject to any applicable export restrictions;
c. We will collect and transmit your credit card information in a secure manner consistent with international best practice.
(h) In the event that taxes applicable to these Conditions are increased or decreased, the Rates and any Charges will be adjusted accordingly.
(i) In this clause 5:
a. “GST” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated legislation (the “Act”); and
b. “Supply” means a taxable supply under the Act.
(j) Where any Supply occurs under these Conditions then:
a. We will be entitled to increase the consideration for the Supply identified in the Conditions (‘net consideration’) by the amount of any applicable GST calculated in accordance with the Act;
b. You shall correspondingly pay the increased consideration;
c. We must in the circumstances in clause (g), issue to you at the time of claiming payment, a valid tax invoice (in accordance with Section 29-70 of the Act) for the purpose of obtaining an input tax credit for any GST so paid.
d. All pricing expressed in this agreement is exclusive of GST unless otherwise stipulated.
6. Some of your Promises
(a) Your promises are important because if they are incorrect we may, for example, be fined for unlawfully transporting the vehicle.
(b) You promise us and the persons referred to in paragraph 3(b) that:
a. You have removed all personal effects from the vehicle, with the exception of a child restraint seat (but not a booster seat) which is properly fastened or affixed to the interior of the vehicle in accordance with requirements of the law;
b. Any personal effects in the vehicle have been removed from the vehicle, notwithstanding any other term of these Conditions, you wear all risk of loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the motor vehicle.
c. If the vehicle is traveling into Western Australia (“WA”), the vehicle has been thoroughly cleaned prior to dropping the vehicle at our depot or we collect the vehicle from your nominated address, and is free from mud, plant material and insects. If, in our view, the condition of any vehicle at the time of collection or receipt by us will result in the vehicle failing the quarantine inspection, then you (the owner) will be liable for the additional costs of cleaning by us as set out in paragraph 5(c). In addition, any vehicle that fails the WA AQIS inspection may incur a fine from WA AQIS, which will be payable by you (for further details please see: http://www.agric.wa.gov.au/quarantine);
d. You alone own the vehicle, or if there are other owners you act as their agent and they agree to handling, transport and storage of the vehicle on the terms of these Conditions.
e. You will indemnity us from the time we receive any written notice of claim in connection with these Conditions or the handling, transport or storage of the vehicle from any person other than you (including the sender where you are not also the sender);
f. You, or a person with authority to act on your behalf has completed the Quotation or Booking Form and any declaration regarding Dangerous Goods accurately and you have provided us with accurate information;
g. The vehicle is presented in a safe condition to withstand handling, transport and storage;
h. You have complied with all laws in connection with the vehicle to ensure that it can be lawfully handled, transported or stored;
i. If you have not asked us to handle, transport or store the vehicle in any way that could be unlawful;
j. You will not sue any person referred to in paragraph 3(b) for anything arising in connection with these Conditions or the handling, transport or storage of the vehicle; and
k. You will indemnity us against any claims in respect of death or injury to any person, loss of or damage to any property, and any fines or penalties incurred by us:
a. As a result of your breach of these Conditions; or
b. As a result of, in connection with, or arising out of personal effects left in the vehicle.
7. Dangerous Goods
(a) Dangerous Goods cannot be accepted for transportation.
(b) Goods are dangerous if they are classified by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or if they might injure or damage people, property or the environment. They include goods that are or may become poisonous, corrosive, volatile, explosive, flammable or radioactive but excludes goods that are inherently part of that vehicle, for example, Petrol in the tank or LP Gas connected to the vehicle.
(c) You promise that no dangerous goods have been placed in the vehicle.
(d) Whether or not you have told us that any goods are dangerous, you agree that if we, or if any of the persons referred to in paragraph 3(b), consider on reasonable grounds that the goods may cause injury or damage, we, or any of them can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable to you for any loss or damage you may incur by reason of our actions under this paragraph. You will always bear all risk of loss or damage arising in connection with a breach of this paragraph by you.
(e) You will be liable for any loss or damage caused to our property or other parties’ property as a result of, or in connection with, your breach of this paragraph.
8. What can we do
(a) You give us authority to:
a. use any method for handling, transporting or storing the vehicle. We will give priority to any instructions given by you, but if such instructions cannot be followed, we will use another method;
b. deviate from any usual route of transport or place of storage;
c. claim a general or particular lien over the vehicle, and any documents relating to it, for outstanding payments relating to that vehicle which is to be handled, transported or stored on your behalf;
d. sell any vehicle held by us for outstanding payments by public auction or private sale without any notice to you;
e. deduct or set off from any payment due to you any outstanding amount or payment that you have owing to us;
f. conduct a physical search or inspection of any personal effects in the vehicle. You must comply with all search requirements that may be required by our staff upon dropping off your vehicle;
g. remove or reposition your personal effects or otherwise direct you to do so in such manner as we reasonably see fit;
h. refuse to accept your vehicle if it contains personal effects that are, dangerous goods, are not packed correctly, are not within weight restrictions or dimensions, or otherwise do not comply with the terms of these Conditions; and
i. at the time of your vehicle being picked up or dropped into our depot or agency we will conduct a survey on our electronic vehicle survey device (C-PoD) or a paper-based survey in case the C-PoD is not working or out of mobile coverage area. You agree that any damage marked up on the C-PoD is a guide only and may not accurately record the exact position of the damage on the vehicle and, in particular, stone chips may not be recorded at the
time of pickup.
a. We will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when we receive a signed receipt or delivery docket, unless due to the effects of COVID-19, you are unable to sign a receipt or delivery docket, in which case, delivery is deemed to be effected when we have delivered the vehicle to you or someone with authority to accept the vehicle on your behalf.
b. If that address is unattended, delivery will be deemed to have occurred and we may then at our discretion elect to redeliver at another time, or else we may require you to collect the vehicle from an address notified by us.
c. If the address of delivery is unattended and we elect to re- deliver vehicle to you, we will charge you for the costs of the re-delivery including any storage costs we may incur in accordance with paragraph 5(d).
d. Any alteration of vehicle collection address or delivery address requires 3 business days’ notice prior to the agreed pick-up date. Failure to notify us of any alternations on time will attract additional charges in accordance with paragraph 5(d) unless otherwise agreed between you and us.
e. Delivery dates are an estimate only and are calculated in business days (which do not include weekends or public holidays).
f. For the avoidance of doubt, the primary responsibility for delivery rests with us, and not with any third party credit provider or other third party.
9. Our Warranty
(a) Subject to limitations and exclusions set out in paragraph 10, we warrant that we shall deliver the vehicle to the location identified in the Quotation or Booking Form or any other location agreed between us and you, in the same condition that the vehicle was delivered to us. However, you agree that if we are required to retain possession of the vehicle because you have been unable to accept physical delivery, we will not be liable for the condition of the vehicle if that vehicle has not been collected from us within thirty (30) days of delivery.
(b) Except where liability has been excluded or limited by these Conditions or by statute, we will be liable to you for loss or damage to your vehicle which occurs or arises while your vehicle is in the care, custody, or control of us.
10. Our Liability for loss or damage to your Vehicle
(a) The services are supplied by us at your risk. You:
a. bear all risk of loss or damage to the vehicle, unless we have agreed to accept liability for loss or damage to the vehicle in accordance with this paragraph 10, in which case we are liable to pay you only up to the limits determined in accordance with this paragraph 10; and
b. bear all risk of loss or damage arising in connection with the vehicle.
(b) All vehicles transported by us receive coverage for loss and damage to your vehicle as set out below.
(c) If you have elected additional coverage for loss and damage to your vehicle as referred to in paragraph 10(f), you must arrange at the time of booking and obtain approval before you give us custody of the vehicle. You are required to declare the approved value of the vehicle in the Quotation or Booking Form.
(d) Coverage is only for physical loss or damage to the vehicle while the vehicle is in the care, control, or custody of us (subject to exclusions and limitations set out in these Conditions) and does not include coverage for loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the vehicle, which is entirely at your risk.
(e) Unless you select a higher level of liability in the Quotation or Booking Form, in all cases where liability has not been excluded or limited by these Conditions or by statute, our liability to you will be limited as follows:
a. if the vehicle is stolen and not recovered within a reasonable time or totally written-off, we will be liable for the lesser of:
i. the vehicle’s value which you declared in Quotation or Booking Form;
ii. the vehicle’s market value at the time of your claim; and
i. $60,000 if you have booked CEVA Standard Service or CEVA Express; or
ii. $100,000 if you have booked CEVA Premium Enclosed Service.
If the vehicle has been stolen or deemed to be totally written- off and payment is made to you by us, you agree that we shall have the full salvage rights to that vehicle or if that vehicle is later found we shall have full ownership rights over that vehicle.
b. if the vehicle is damaged, we will be liable for the lesser of:
i. the cost of repairs of the vehicle; and
i. $60,000 if you have booked CEVA Standard Service or CEVA Express; or
ii. $100,000 if you have booked CEVA Premium Enclosed Service.
(f) If you wish to increase the limit of our liability to you for loss or damage to your vehicle pursuant to these Conditions, then you may do so by agreeing to pay an additional charge of $3.00 exclusive of GST for every increase of $1,000 above the maximum limit of our liability in paragraphs 10(e)(a)(iii) and 10(e)(b)(ii).
(g) Our liability in respect of any vehicle excludes the following:
a. Damage to the vehicle that is not noted and signed for electronically or on your delivery documentation at the time of delivery (in accordance with industry standard, damage will be assessed, and must be visible, from a 1m distance);
b. Pre-existing damage, hail damage, insect damage, bird or bat droppings, stone chips, loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the vehicle, loss or damage to the vehicle other than whilst in the care, custody, and control of us, mechanical or electrical derangement, or loss or damage caused in connection with a Force Majeure Event (as defined in clause 14 below); or
c. any indirect, special, or consequential losses including but not limited to loss of profits, loss of business and pecuniary loss howsoever caused or arising.
(h) Unless and to the extent our warranty in paragraph 9 applies and subject to this paragraph 10, we, and the persons referred to in paragraph 3(b) are not liable to you or any other person for any loss or damage arising from the supply of or failure to supply services, and whether in contract, tort including negligence, breach of duty as bailee, breach of statutory duty, or our wilful act or default.
11. Claims for loss or damage to your Vehicle
(a) If you believe we are liable to you for damage caused to a vehicle in the course of delivery, you must:
a. note, or ensure that the driver of the delivery vehicle notes the damage electronically or on your delivery documentation at the time of delivery;
b. notify us immediately;
c. not repair your vehicle unless otherwise authorised by us; and
d. send your written claim request to us within the timeframes set out in paragraph 11(b). If we do not receive a written claim request from you within that time, we will have no liability to you.
(b) You must submit your claim for loss or damage to the vehicle to us in writing, in the case of:
a. Visible damage to the vehicle which was not identified at the time we accepted your vehicle for delivery, prior to taking delivery of the vehicle;
b. Visible damage to the vehicle which was notified in accordance with paragraph 11(a), no later than two (2) days after taking delivery of the vehicle;
c. Non-delivery of the vehicle, no later than thirty (30) days from the date the vehicle is placed with us; and
d. Any other claim, no later than two (2) days after delivery of the vehicle or the date by which the vehicle should have been delivered, and failing receipt of such notice we shall be forever discharged from any, and all liability to any person (including you) in respect of the vehicle and/or the services.
(c) In the event that you make a claim for damage to your vehicle in accordance with this paragraph 11, we will conduct an investigation and at our discretion we will either:
a. Undertake required repairs ourselves through our repairers, with all costs borne by us; or
b. Request you provide two (2) independent repair quotes. we reserves all rights for repair authorisation.
(d) Notwithstanding your claim request, you remain liable to pay our Charges under these Conditions.
(e) We will have no liability to you, even if you give us a written notice within the time set out in paragraph 11(b), if you do not commence legal proceedings against us within six (6) months after the date of delivery.
(f) You as the owner of the vehicle, or as the agent of any other owner(s) of the vehicle, authorise us to settle any claim for loss or damage to the vehicle with the person who has or had sustained the loss or damage to the vehicle.
(g) You absolutely and unconditionally release and discharge us from any and all claims, demands or causes of action of any kind, nature or description, however arising, which you have had, now have or may have in the future, that relate to the settlement of any claim for loss or damage to the vehicle with the person who has or had sustained the loss or damage to the vehicle.
To the extent that one party receives information from the other party which is inherently confidential in nature, the receiving party agrees not to disclose such information to a third party without the authority of the disclosing party, except to the extent permitted by law or otherwise in circumstances where such information had entered the public domain.
14. Force Majeure Event
(a) If a party is wholly or partially precluded from complying with its obligations under these Conditions by Force Majeure Event affecting that party, then that party's obligation to perform in accordance with these Conditions (except where there is an obligation to pay for a service that has been rendered) will be suspended for the duration of the delay arising out of the Force Majeure Event.
(b) As soon as possible after a Force Majeure Event arises, the party affected by it must, if it has not already done so, notify the other party of the Force Majeure Event and the extent to which the notifying party is unable to perform its obligations under these Conditions.
(c) For the purposes of these Conditions a “Force Majeure Event” means anything outside that party's reasonable control, including without limitation, fire, flood, drought, hail, storm, lightning, act of God, peril of sea or air, explosion, sabotage, accident, embargo, pandemic or epidemic, labour dispute or shortage, civil commotion and act of war.
In the event you breach the terms of these Conditions, we may terminate these Conditions immediately by providing written notice.
(a) Assignment. You may only assign your rights under these Conditions with our prior consent.
(b) Novation. You agree that we may assign, novate or transfer the whole or part of these Conditions and/or any related rights and obligations under these Conditions:
a. To any of our Related Party/ies (as that term is defined in theCorporations Act 2001 (Cth); or
b. Without limitation to (a), where there is any sale of any part of our business.
You must promptly do all things necessary, including completing and executing documents required by us, to give effect to any assignment, novation or transfer by us.
(c) Amendment. We may amend these Conditions at any time, by notice in writing to you.
(d) Governing law. These Conditions are governed by the laws in force in the State of Victoria, Australia.
(e) Entire Agreement. These Conditions, including documents incorporated by reference, constitutes the entire agreement between the parties. To the extent of an inconsistency between the component documents of these Conditions, the documents will be interpreted in the following order of precedence:
a. the standard terms and conditions;
c. any other document incorporated by reference.
(f) Disputes. If you dispute your obligation to make a payment, or if you have any other reason for disputing whether we have met our obligations under this contract, you should contact us in accordance with paragraph (h). We will make a reasonable attempt to mediate any complaint but otherwise we do not commit to following a formal alternative dispute resolution process. Notwithstanding the foregoing, we do not seek to exclude the applicability of any statutory dispute resolution scheme.
(g) Variation. We may vary the terms and conditions at any time by providing you not less than 7 days’ prior written notice specifying the variation and the date on which the variation becomes effective.
(h) Contact. Your first point of contact with us in relation to any issue arising out of the transaction should be the person so stipulated in the Quotation or Booking Form or alternatively you can contact us as follows: Customer Care Centre firstname.lastname@example.org : Phone 132277 (13 CARS).
CEVA PREMIUM ENCLOSED
Our Standard service
Delivery times are ETA's only and delays can often occur
Our Express service
Delivery times are ETA's only
Higher priority over CEVA standard service - Minimising any delays that may occur
Metro to Metro deliveries only
Our Premium service
Delivery times are ETA’s only
Covered service from depot to depot only
Residential pick-up and delivery will be on our standard open car carrier
Metro to Metro deliveries only