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. Please read them carefully, as they outline your rights, responsibilities, and our obligations.
2. Application of Conditions
2.1 These Terms apply to all services provided by NELTECH SOLUTIONS PTY LTD, including carriage, storage, loading, unloading, packing, and unpacking of goods (“Services”).
2.2 Any terms provided by the customer, including those on purchase orders or service agreements, are not binding unless expressly agreed in writing by an authorised officer of NELTECH SOLUTIONS PTY LTD.
2.3 These Terms continue to apply even in the event of any breach of contract by NELTECH SOLUTIONS PTY LTD or any party entitled to the benefit of these provisions.
3. Not a Common Carrier
3.1 NELTECH SOLUTIONS PTY LTD is not a common carrier and accepts no liability as such. We reserve the right to refuse the carriage or transport of goods for any person or corporation. Carriage of any class of goods is at our absolute discretion.
4. Warranties and Undertakings
4.1 The customer warrants that:
4.1.1 They have complied with all applicable laws regarding the nature, condition, packaging, or carriage of goods, including the Australian Code for the Transport of Dangerous Goods by Road and Rail.
4.1.2 Goods are accurately described on the consignment note or in our electronic gateway.
4.1.3 They are either the owner or authorised agent of the owner of the goods.
4.1.4 They authorise handling of the goods as per agreed Authority to Leave (ATL) instructions, if applicable.
4.1.5 They notify us of any shipment valued over AUD $1,000 prior to dispatch; such shipments are not covered by standard transit cover, and our liability remains capped at AUD $100 unless additional transit cover has been arranged in writing.
4.2 The customer indemnifies NELTECH SOLUTIONS PTY LTD against any expenses, charges, or losses arising from breach of these warranties, including claims by third parties.
4.3 We reserve the right to refuse non-compliant goods and may impose additional fees for handling dangerous or non-compliant goods.
5. Performance of Services
5.1 NELTECH SOLUTIONS PTY LTD determines the method of service delivery and may deviate from the usual route at our discretion.
5.2 The customer authorises necessary deviations from the usual route.
5.3 Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, pandemics, government acts, strikes, vehicle breakdowns, road closures, traffic congestion, or extreme weather.
6. Delivery
6.1 We will use reasonable endeavours to deliver goods as specified, but delivery is only to the consignee named on the consignment note or to a person authorised in writing.
6.2 If delivery is not possible, goods may be stored at the customer’s risk; reasonable storage or redelivery fees may apply.
6.3 All pricing is based on Authority to Leave (ATL) deliveries. If the receiver requires a signature, additional security, or extra care, this must be requested in advance and confirmed in writing (quotation or confirmation letter). Additional charges will apply.
6.4 Where goods are delivered under ATL conditions, our liability ceases once the goods are left at the delivery address. We are not liable for loss, theft, or damage after delivery has taken place.
6.5 Redelivery due to an unavailable receiver will incur additional charges.
6.6 Proof of Delivery (POD) may include electronic tracking, signature capture, photos, or GPS logs. For ATL deliveries, such proof is deemed sufficient evidence of delivery.
7. Payments and Account Terms
7.1 Prepaid Payments: All services are prepaid unless otherwise agreed in writing. Any outstanding amount must be settled within 7 days.
7.2 Payment Methods: EFT, credit card, or direct debit are accepted. Cash only if agreed in writing. Credit card transactions may incur merchant fees.
7.3 Disputed Charges: Disputes must be raised in writing within 7 days; undisputed amounts remain payable.
7.4 Third-Party Payments: If billed to a third party, the customer remains liable for non-payment.
7.5 Incorrect/Non-Compliant Consignments: Additional charges may apply for incorrect service codes, duplicate/inaccurate labels, incomplete data, returns, redelivery, or items exceeding freight profile.
7.6 Late Payments & Interest: Overdue amounts incur interest at 4% above our bank’s base rate, calculated daily.
7.7 Debt Recovery Costs: Customer pays all recovery costs, including legal fees and collection expenses.
7.8 Account Suspension/Termination: Services may be suspended or terminated for overdue accounts or exceeded credit limits; reinstatement requires full payment.
7.9 Credit Limits/Security Deposits: We may set limits or require deposits; exceeding limits or failing to maintain deposits may suspend services.
8. Carrier’s Liability
8.1 Goods are at the customer’s risk at all times. We are not liable for loss, damage, delay, or misdelivery except as provided.
8.2 We are not liable for indirect or consequential losses.
8.3 If liability attaches, it is limited to the lesser of:
- Resupplying the services;
- Paying the cost of resupplying; or
- AUD $100.
8.4 Liability is capped at the value of goods or AUD $100, whichever is lower.
8.5 We do not exclude statutory rights under laws including the Competition and Consumer Act 2010 (Cth).
9. Transit Cover
9.1 The customer is responsible for insuring goods beyond standard cover.
9.2 Standard transit cover applies up to AUD $100 per shipment. Shipments over AUD $100 are not covered.
9.3 Claims through third-party agencies must follow their procedures.
10. Notice of Loss and Time Bar
10.1 Claims must be notified in writing within 7 days of delivery or expected delivery date.
10.2 We are discharged from liability unless legal action is commenced within 6 months of service provision or delivery.
11. Lien
11.1 We have a general and particular lien over goods or property in our possession for unpaid charges. Goods may be sold after 21 days’ notice to recover unpaid charges.
12. Dangerous and Unacceptable Goods
12.1 Customers must not tender dangerous, hazardous, prohibited, or damaging goods without full disclosure and prior approval.
12.2 Dangerous goods include explosives, flammable liquids/gases, toxic substances, infectious substances, and corrosives.
12.3 We may return, isolate, dispose of, or destroy non-compliant goods without notice if hazardous.
12.4 Customers are liable for all losses, damages, fines, or claims from tendering or transporting such goods.
12.5 Arms, ammunition, or high-value items are only accepted if expressly agreed in writing.
13. Subcontractors
13.1 We may subcontract services; subcontractors are protected under these Terms.
13.2 Customers must not claim against subcontractors and indemnify us for any consequences.
14. GST
14.1 All fees are exclusive of GST; customers must pay GST on taxable supplies.
15. Consumers and Small Business Contracts
15.1 For consumers or small businesses under the Competition and Consumer Act 2010 (Cth):
15.1.1 Customers are not required to indemnify for gross negligence, unlawful, or willful misconduct.
15.1.2 Liability is not excluded for gross negligence, unlawful, or willful misconduct.
15.1.3 No liability for indirect losses unless known.
15.1.4 Liability is limited to actual loss or value of goods.
15.1.5 Lien and sale exercised only after 21 days’ notice.
16. Law and Jurisdiction
16.1 Governed by laws of Victoria, Australia; parties submit to non-exclusive jurisdiction of Victorian courts.
17. Privacy
17.1 Personal information is handled per our Privacy Policy, available on our website.
18. Severability
18.1 If any provision is void or unenforceable, the remainder remains in full effect.
19. Authority to Leave (ATL)
19.1 All pricing is based on Authority to Leave (ATL) deliveries by default.
19.2 If the receiver requires a signature, extra care, or additional security, this must be requested in advance and confirmed in writing. Additional charges will apply.
19.3 We are not responsible for loss or damage to goods delivered under ATL conditions once delivery has taken place.
20. Same-Day Delivery Cut-Off and Delays
20.1 For same-day delivery services, consignments must be ready for pickup by 10:00 AM on the requested day. Requests received after this time may be processed for next-day delivery.
20.2 While we use reasonable endeavours to ensure same-day delivery, delays may occur due to traffic, weather, or other factors beyond our control.
20.3 Such delays do not constitute a breach of these Terms, and we are not liable for any loss or damage resulting from such delays.
21. Transit Cover Claims
21.1 Claims valid only if loss/damage occurred while goods were in our custody and not due to customer acts (e.g., improper packaging).
21.2 Claims must be submitted within 7 days.
21.3 Standard cover is AUD $100 per shipment; higher-value goods are not covered unless additional cover has been arranged.
21.4 Claims are excluded for third-party theft (e.g., stolen courier vehicle).
22. Additional Clauses for Specific Services
22.1 Standard Delivery (Melbourne Metro): Max 2 items per order, combined weight 25kg. Volumetric weight may apply.
22.2 Dedicated Driver Service (Australia-wide): Driver allocated full-day at a set rate, with minimum charge. Kilometer limits; extra charges for excess. Max lift 25kg; heavier items require mechanical support.
22.3 Point2Point (Australia-wide): Charges based on weight, size, distance, delivery time, service level, and special handling. Minimum charge applies.
23. Packaging and Pickup Requirements
23.1 Customer must pack goods securely; we are not liable for poor packaging.
23.2 Labels must be clear; missing/incorrect labels may incur delays and fees.
23.3 Goods must be ready at pickup; waiting beyond 5 minutes may incur fees.
23.4 If sender is unavailable, driver may leave without collection; failed pickup fees apply.
24. Service Limitations
24.1 We do not provide international shipping, customs, or import/export services unless agreed in writing.
24.2 Restricted locations (PO Boxes, government buildings, remote areas, secure facilities) may incur delays, refusal, or extra charges.
24.3 Service availability is subject to access, weather, and vehicle capacity; commitments are estimates unless stated in writing.
25. Data and Cybersecurity
25.1 Customers must safeguard login credentials for online services.
25.2 We are not liable for interruptions or breaches from cyberattacks, unauthorised access, or system failures beyond our control.
25.3 Customer data remains their property; we use it only for providing services, resolving disputes, or legal compliance.
26. Dispute Resolution
26.1 Attempt good faith negotiation first.
26.2 If unresolved within 14 days, refer to mediation in Melbourne before legal action, unless urgent relief is required.
26.3 During dispute resolution, both parties continue performing obligations unless agreed otherwise.