1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context requires otherwise:

• ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Business Customer means a customer acquiring the Services for business, trade, or commercial purposes (B2B).
• Consumer has the meaning given in the ACL and refers to an individual acquiring the Services for personal, domestic, or household use (B2C).
• CoR means Chain of Responsibility obligations under the Heavy Vehicle National Law.
• Goods means any cargo, freight, or property accepted for transport, handling, or storage.
• HVNL means the Heavy Vehicle National Law as applied in each participating State and Territory.
• PPSA means the Personal Property Securities Act 2009 (Cth).
• Services means domestic freight forwarding, transport coordination, pickup, delivery, storage, handling, and related logistics services within Australia.
• Subcontractor means any third-party carrier, driver, warehouse operator, or service provider engaged by us.
• We / Us / Our means Ozcoast Logistics Pty Ltd.
• You / Your means the customer.

1.2 Interpretation

• Headings are for convenience only.
• References to legislation include amendments and replacements.
• Singular includes plural and vice versa.

2. Application of These Terms

2.1 These Terms apply to all Services supplied by us unless expressly agreed otherwise in writing.

2.2 Consumer vs Business Customers
Certain clauses apply only to Business Customers and are clearly identified.
Nothing in these Terms limits, excludes, or modifies any non-excludable consumer guarantees under the ACL.

3. Scope of Domestic Services

3.1 We provide domestic freight forwarding and logistics services within Australia only, including:

• Road, rail, and domestic air freight coordination
• Pickup and delivery
• Use of Subcontractors and third-party carriers
• Storage, handling, and consolidation (where applicable)

3.2 No Delivery Guarantee
Delivery times, routes, and carriers are estimates only and are not guaranteed unless expressly agreed in writing.

3.3 Time Not of the Essence
Time is not of the essence in relation to the Services unless expressly agreed in writing.

4. Capacity – Agent and/or Principal

4.1 Unless otherwise agreed, we act as:

• Agent for arranging carriage and logistics services provided by Subcontractors; and/or
• Principal where we directly provide the Services.

4.2 Where acting as agent, the contract of carriage may be between you and the relevant carrier.

5. Customer Obligations and Warranties

You warrant that:

5.1 All information provided about the Goods is accurate, complete, and correct, including:

• Weight, dimensions, quantity
• Nature, contents, and value
• Special handling requirements

5.2 The Goods are:

• Properly packed, labelled, loaded, and secured
• Fit for lawful transport by road, rail, or air
• Not illegal, prohibited, or restricted without prior written approval

5.3 Packing and Loading Responsibility
Unless expressly agreed in writing, you are responsible for packing, loading, and securing the Goods, including compliance with load restraint requirements.

6. Dangerous, Restricted, and Illegal Goods

6.1 You must not tender dangerous, hazardous, prohibited, or illegal Goods without our prior written consent.

6.2 You must comply with all applicable laws relating to dangerous goods, including packaging, labelling, and documentation.

6.3 Indemnity (Business Customers Only)
You indemnify us against all loss arising from non-disclosure or misdescription of such Goods.

7. Road Transport Compliance – HVNL and CoR

7.1 Shared Safety Obligation
Both parties acknowledge shared obligations under the HVNL and CoR laws.

7.2 Customer Responsibilities
You must ensure:

• Accurate weight, dimension, and load information
• Loads are suitable for lawful transport
• Instructions do not cause breaches of fatigue, speed, mass, or load restraint laws

7.3 Right to Refuse or Stop Transport
We may refuse, delay, stop, or vary transport where reasonably necessary to comply with law or ensure safety.

8. Quotations, Pricing, and Variable Charges

8.1 Quotations are indicative only unless stated otherwise in writing.

8.2 Charges may include:

• Freight charges
• Fuel levies
• Tolls and congestion charges
• Waiting time, re-delivery, and storage
• Regulatory or compliance costs

8.3 Additional charges apply where Goods differ from the description provided.

9. Payment Terms

9.1 Invoices are payable within 7 days unless otherwise agreed.

9.2 Late payments may incur interest at a reasonable commercial rate (Business Customers only).

9.3 We may suspend Services where accounts are overdue.

10. Title, Lien, and Right of Retention (PPSA)

10.1 We have a general lien over the Goods for all amounts owing.

10.2 We may retain, store, or sell Goods to recover unpaid amounts in accordance with law.

10.3 You grant us a security interest in the Goods under the PPSA.

10.4 You consent to registration of that interest on the PPS Register.

10.5 Goods Release Condition
Goods will not be released until all outstanding charges relating to the Goods have been paid in full, subject to applicable law.

11. Insurance

11.1 We do not insure the Goods unless expressly agreed in writing.

11.2 You are responsible for arranging insurance appropriate to the nature and value of the Goods.

12. Loss, Damage, and Delay Claims

12.1 Claims must be:

• Notified in writing within a reasonable time; and
• Supported by reasonable evidence.

12.2 We are not responsible for loss arising from:

• Inherent vice or perishability
• Inadequate packaging or loading
• Acts or omissions of third-party carriers (subject to ACL)

13. Consumer Guarantees (Consumers Only)

13.1 Consumers are entitled to statutory guarantees under the ACL.

13.2 Nothing in these Terms excludes or limits those rights.

14. Limitation of Liability

14.1 Consumers (B2C)

Where permitted by the ACL, our liability is limited to:

• Re-supply of the Services; or
• Payment of the cost of re-supply.

14.2 Business Customers (B2B Only)

To the maximum extent permitted by law, liability is limited to the lesser of:

• The cost of the Services; or
• 1000 AUD per consignment, or the declared value accepted by us in writing.

15. Excluded Losses (Business Customers Only)

We are not liable for:

• Loss of profit, revenue, or business
• Indirect or consequential loss
• Delay-related losses

16. Indemnities (Business Customers Only)

You indemnify us against all loss arising from:

• Incorrect or incomplete information
• Breach of law
• Dangerous or illegal Goods
• HVNL or CoR non-compliance caused by you

17. Storage, Handling, and Warehousing

17.1 Storage is at your risk unless otherwise required by law.

17.2 Reasonable storage fees may apply.

18. Subcontractors and Third-Party Carriers

18.1 We may engage Subcontractors without notice.

18.2 Where acting as agent, carrier terms and conditions may apply.

19. Suspension or Refusal of Services

We may suspend or refuse Services where:

• Payment is overdue
• Safety or compliance risks exist
• Goods are misdescribed or non-compliant

20. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including weather events, industrial action, accidents, system outages, or road closures.

21. Termination

21.1 Either party may terminate these Terms for material breach.

21.2 All outstanding charges remain payable upon termination.

22. Confidentiality, Privacy, and Overseas Operations

22.1 Commercially sensitive information must be kept confidential.

22.2 Personal information is handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

22.3 Overseas Operations
Operational, administrative, IT, or customer support services may be provided from locations outside Australia, including India, while all Services remain governed by Australian law and privacy obligations.

23. Dispute Resolution

23.1 Parties must attempt good-faith negotiation before commencing litigation.

23.2 Nothing prevents a party from seeking urgent injunctive or court relief.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the exclusive jurisdiction of its courts.

25. General

25.1 Severability – Invalid provisions are severed without affecting the remainder.

25.2 Waiver – Failure to enforce a right is not a waiver.

25.3 Entire Agreement – These Terms constitute the entire agreement relating to the Services.