We are starting to experience COVID impacts within our teams due to either positive cases or close contacts. As a result, we have experienced some capacity reductions within all areas of our business (both admin and operational).
CEVA has deployed (as per all previous COVID outbreaks) our COVID Safe Plan and is following all Government mandates around operating within the workplace. We also have many staff working from home in a safe environment to ensure their on-going ability to function and remain safe. Due to some capacity reductions across the team, we are seeing some service impacts in relation to customer communications (contacting clients for collections / drop-offs) and on-time delivery performance.
To that end, we are seeing some delays (3-5 days) on both the intrastate and interstate. CEVA is doing all in its power to ensure smooth operations and strong customer service throughout this once again challenging time. To expedite interstate vehicle movements at this time we would recommend booking depot to depot services.
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.
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 or Related Entity of a party;
(h) ‘Services’ means all services supplied to you by CEVA 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 CEVA 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 CEVA 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:
i. Length – 5.1m or under
ii. Width – 2.1m or under
iii. Height – 1.5m or under
i. Length – 5.1m or under
ii. Width – 2.1m or under
iii. Height – 2.1m or under
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) If you are a consumer as defined in the Australian Consumer Law, this Contract does 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:
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
i. The supplying of the Services again; or
ii. The payment of the cost of having the Services supplied again.
(a) You must pay us for the Services in accordance with the Rates plus any other amount owing under this Contract. 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 7 days from date of invoice.
(d) In addition to the Rates we may, in our absolute discretion, charge you for:
(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:
(h) In the event that taxes applicable to this Contract are increased or decreased, the Rates and any Charges will be adjusted accordingly.
(i) In this clause 5:
(j) Where any Supply occurs under this Contract then:
(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) 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 3.2, 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.
(a) You give us authority to:
time of pickup.
alternations on time will attract additional charges in accordance with paragraph 5(d) unless otherwise agreed between you and us.
(a) Subject to limitations and exclusions set out in paragraph 10, CEVA warrants that it 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 CEVA. However, you agree that if CEVA is required to retain possession of the vehicle because you have been unable to accept physical delivery, CEVA will not be liable for the condition of the vehicle if that vehicle has not been collected from CEVA within thirty (30) days of delivery.
(b) Expect where liability has been excluded or limited by this Contract 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 CEVA.
(a) The services are supplied by CEVA at your risk. You:
(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 CEVA (subject to exclusions and limitations set out in this Contract) 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 this Contract or by statute, our liability to you will be limited as follows:
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 CEVA, you agree that CEVA shall have the full salvage rights to that vehicle or if that vehicle is later found CEVA 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 this Contract, 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) CEVA’s liability in respect of any vehicle excludes the following:
(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.
(a) If you believe we are liable to you for damage caused to a vehicle in the course of delivery, you must:
(b) You must submit your claim for loss or damage to the vehicle to us in writing, in the case of:
(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:
(d) Notwithstanding your claim request, you remain liable to pay our Charges under this Contract.
(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.
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.
https://www.cevalogistics.com/en/privacy-policy, and the terms are deemed to be incorporated into this agreement. To the extent that you collect personal information from us pursuant to this Contract, you undertake to handle and process such information strictly in accordance with the Australian Privacy Principles.
(a) If a party is wholly or partially precluded from complying with its obligations under this Contract by Force Majeure Event affecting that party, then that party's obligation to perform in accordance with this Contract (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 this Contract.
(c) For the purposes of this Contract 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 this Contract, we may terminate this Contract immediately by providing written notice.
(a) Assignment. You may only assign your rights under this Contract with our prior consent.
(b) Amendment. CEVA may amend this Contract at any time, by notice in writing to you.
(c) Governing law. This Contract is governed by the laws in force in the State of Victoria, Australia.
(d) Entire Agreement. This Contract, including documents incorporated by reference, constitutes the entire agreement between the parties. To the extent of an inconsistency between the component documents of this Contract, the documents will be interpreted in the following order of precedence:
(e) 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 agreement, you should contact us in accordance with paragraph 16.5. 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.
(f) 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