Nelway Couriers – Terms and Conditions of Carriage
1. Introduction
These Terms and Conditions (“Terms”) govern the services provided by NELTECH SOLUTIONS PTY LTD, trading as Nelway Couriers (“we,” “us,” “our”). By using our services, you (“the customer,” “you,” “your”) agree to these Terms.
These Terms outline your rights, responsibilities, and our obligations when providing courier, delivery, and related logistics services.
2. Application of Conditions
2.1 These Terms apply to all services provided by NELTECH SOLUTIONS PTY LTD, including but not limited to carriage, transport, storage, loading, unloading, packing, unpacking, and delivery of goods (“Services”).
2.2 Any conditions or terms provided by the customer, including those appearing on purchase orders, invoices, or service agreements, are not binding unless expressly agreed to in writing by an authorised officer of NELTECH SOLUTIONS PTY LTD.
2.3 These Terms apply to all services whether performed by us or by subcontractors engaged by us.
3. Not a Common Carrier
3.1 NELTECH SOLUTIONS PTY LTD is not a common carrier.
3.2 We reserve the right to refuse the carriage or transport of goods for any person, company, or shipment at our discretion.
3.3 Acceptance of goods for carriage does not constitute acceptance of liability beyond the limits set out in these Terms.
4. Customer Warranties
4.1 The customer warrants that:
4.1.1 The goods are properly and sufficiently packaged to withstand normal road transport conditions including vibration, stacking, and multiple handling points.
4.1.2 The goods are accurately described on the consignment note, booking system, or shipping documentation.
4.1.3 The customer is either the owner of the goods or authorised by the owner to arrange transport.
4.1.4 All applicable laws relating to the packaging, labelling, and transport of goods have been complied with, including regulations relating to dangerous goods.
4.1.5 The customer has disclosed the nature and value of the goods where required.
4.2 The customer indemnifies NELTECH SOLUTIONS PTY LTD against any loss, damage, expense, penalty, or claim arising from breach of these warranties.
5. Performance of Services
5.1 NELTECH SOLUTIONS PTY LTD may determine the method, route, and timing of delivery.
5.2 Delivery routes may be altered where necessary.
5.3 Delivery timeframes provided are estimates only unless expressly agreed in writing.
5.4 We are not liable for delays caused by events outside our reasonable control, including but not limited to:
- traffic conditions
- vehicle breakdowns
- road closures
- extreme weather
- industrial action
- government actions
- natural disasters
6. Delivery
6.1 Delivery will be made to the address provided by the customer.
6.2 If delivery cannot be completed, goods may be stored or returned at the customer’s risk and expense.
6.3 Redelivery charges may apply where delivery cannot be completed due to receiver unavailability.
7. Authority to Leave (ATL)
7.1 Deliveries may be completed under Authority to Leave (ATL) where authorised by the customer or where ATL instructions are provided through the booking system.
7.2 Where ATL is used, goods may be left at the delivery address without a signature.
7.3 Once goods are delivered under ATL conditions, NELTECH SOLUTIONS PTY LTD is not responsible for loss, theft, or damage occurring after delivery.
7.4 Proof of delivery may include:
- driver confirmation
- electronic signature
- GPS delivery data
- delivery photographs
- tracking system records
7.5 Delivery Confirmation
Delivery will be considered successfully completed when NELTECH SOLUTIONS PTY LTD records delivery through any of the methods listed in Clause 7.4.
Such records will be considered sufficient evidence that delivery has occurred unless the customer can demonstrate otherwise.
8. Payments and Account Terms
8.1 Services are prepaid unless a credit account has been approved in writing.
8.2 Approved accounts must pay invoices within 7 days of invoice date unless otherwise agreed.
8.3 We accept payment via:
- EFT
- credit card
- other approved methods
Credit card payments may incur merchant processing fees.
8.4 Overdue accounts may incur interest at 4% above the applicable bank base rate, calculated daily.
8.5 The customer is responsible for all costs incurred in recovering unpaid amounts, including debt collection and legal costs.
8.6 Services may be suspended or terminated if accounts remain unpaid.
9. Optional Transit Cover
9.1 NELTECH SOLUTIONS PTY LTD does not provide automatic or complimentary transit insurance.
9.2 Customers may elect to purchase Optional Transit Cover at the time of booking.
9.3 Where purchased and paid, transit cover applies up to a maximum of AUD $1,000 per consignment, limited to the declared value of the goods.
9.4 The declared value must represent the genuine replacement value of the goods.
9.5 We may request documentation to verify the value of the goods.
9.6 If transit cover is not selected, goods are carried at the customer’s risk to the maximum extent permitted by the Australian Consumer Law.
10. Excluded Goods from Transit Cover
Transit cover is not available for:
- cash or currency
- jewellery
- precious metals
- fragile items not professionally packaged
- perishable goods
- prohibited or illegal items
- goods deemed unsuitable for carriage
11. Carrier’s Liability
11.1 Goods are carried at the customer’s risk unless optional transit cover has been purchased.
11.2 Subject to the Australian Consumer Law and to the maximum extent permitted by law, the liability of NELTECH SOLUTIONS PTY LTD is limited to the lesser of:
- the value of the goods; or
- AUD $100 per consignment.
11.3 We are not liable for indirect or consequential loss including:
- loss of profit
- loss of business
- loss of market
- loss of opportunity.
11.4 Nothing in these Terms excludes or limits rights that cannot be excluded under the Australian Consumer Law.
12. Claims Procedure
12.1 Claims must be submitted in writing within 7 days of delivery or the expected delivery date.
12.2 Claims must include:
- proof of value
- photographs of goods and packaging
- description of damage or loss.
12.3 Failure to provide required evidence may result in the claim being declined.
12.4 We may inspect damaged goods before assessing a claim.
12.5 The customer must retain all packaging and damaged goods for inspection unless otherwise instructed by NELTECH SOLUTIONS PTY LTD.
13. Inspection on Delivery
13.1 The receiver should inspect goods at the time of delivery where reasonably possible.
13.2 Visible damage should be reported immediately.
13.3 Claims for concealed damage must be reported within 24 hours of delivery.
13.4 Claims may be rejected where packaging has been discarded before inspection.
14. Packaging Requirements
14.1 Goods must be packaged to withstand normal transport conditions including stacking and vibration.
14.2 NELTECH SOLUTIONS PTY LTD is not responsible for damage caused by inadequate packaging.
15. Dangerous or Prohibited Goods
15.1 Dangerous or hazardous goods must not be tendered without prior written approval.
15.2 Dangerous goods include but are not limited to:
- flammable materials
- explosives
- toxic substances
- corrosive substances
- infectious materials.
15.3 We may refuse, isolate, return, or dispose of such goods if discovered.
15.4 The customer is responsible for all costs and damages arising from tendering prohibited goods.
16. Lien
16.1 NELTECH SOLUTIONS PTY LTD has a general lien over goods in its possession for unpaid charges.
16.2 Goods may be sold after 21 days written notice to recover outstanding charges and reasonable costs incurred in storage, handling, and sale.
17. Subcontractors
17.1 We may subcontract services to third-party carriers or drivers.
17.2 Such subcontractors are entitled to the benefit of these Terms.
18. GST
18.1 All prices are exclusive of GST unless otherwise stated.
18.2 GST will be charged in accordance with Australian taxation law.
19. Privacy
19.1 Personal information is handled in accordance with our Privacy Policy and applicable privacy legislation.
20. Service Limitations
20.1 Service availability may vary depending on location, access, and operational conditions.
20.2 Certain locations including government facilities, secure sites, or remote areas may incur delays or additional charges.
21. Cybersecurity and Data
21.1 Customers must protect login details used for online services.
21.2 NELTECH SOLUTIONS PTY LTD is not liable for losses arising from unauthorised access, cyberattacks, or system outages beyond our control.
22. Property Damage
22.1 Customers must ensure safe and reasonable access to pickup and delivery locations.
22.2 We are not responsible for damage caused where access conditions are unsafe, restricted, or unsuitable for delivery vehicles.
23. Dispute Resolution
23.1 Parties agree to attempt to resolve disputes through good-faith negotiation.
23.2 If unresolved, disputes may be referred to mediation in Melbourne, Victoria before legal proceedings are commenced unless urgent court action is required.
24. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of Victorian courts.
25. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.