Terms & Conditions
The conditions for using our freight and logistics services
These Terms and Conditions govern the supply of freight and logistics services by Ozcoast Logistics Pty Ltd (ABN 92 689 971 695). By requesting or using our services you agree to these Terms. Please read them carefully.
Last updated: June 20261. Definitions and Interpretation
In these Terms, unless the context requires otherwise:
- ACL means the Australian Consumer Law 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.
- Consumer has the meaning given in the ACL and refers to a person acquiring the Services for personal, domestic or household use.
- CoR means the 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.
Headings are for convenience only, references to legislation include amendments and replacements, and the singular includes the plural and vice versa.
2. Application of These Terms
These Terms apply to all Services we supply unless we expressly agree otherwise in writing. Certain clauses apply only to Business Customers and are clearly identified. Nothing in these Terms limits, excludes or modifies any consumer guarantee under the ACL that cannot lawfully be excluded.
3. Scope of Services
We provide domestic freight forwarding and logistics services within Australia, including road freight coordination, pickup and delivery, the use of Subcontractors and third-party carriers, and storage, handling and consolidation where applicable.
Delivery times, routes and carriers are estimates only and are not guaranteed unless we expressly agree in writing. Time is not of the essence in relation to the Services unless expressly agreed in writing.
4. Our Capacity
Unless we agree otherwise, we act as agent for arranging carriage and logistics services provided by Subcontractors, and as principal where we directly provide the Services. Where we act as agent, the contract of carriage may be between you and the relevant carrier.
5. Customer Obligations and Warranties
You warrant that all information you provide about the Goods is accurate, complete and correct, including weight, dimensions, quantity, nature, contents, value and any special handling requirements.
You warrant that the Goods are properly packed, labelled, loaded and secured, are fit for lawful transport by road, and are not illegal, prohibited or restricted without our prior written approval. Unless we expressly agree in writing, you are responsible for packing, loading and securing the Goods, including compliance with load restraint requirements.
6. Dangerous, Restricted and Illegal Goods
You must not tender dangerous, hazardous, prohibited or illegal Goods without our prior written consent, and you must comply with all applicable laws relating to dangerous goods, including packaging, labelling and documentation. Business Customers indemnify us against all loss arising from non-disclosure or misdescription of such Goods.
7. Road Transport Compliance (HVNL and CoR)
Both parties acknowledge their shared obligations under the HVNL and Chain of Responsibility laws. You must ensure that weight, dimension and load information is accurate, that loads are suitable for lawful transport, and that your instructions do not cause breaches of fatigue, speed, mass or load restraint laws. We may refuse, delay, stop or vary transport where reasonably necessary to comply with the law or ensure safety.
8. Quotations, Pricing and Charges
Quotations are indicative only unless stated otherwise in writing. Charges may include freight charges, fuel levies, tolls and congestion charges, waiting time, re-delivery and storage, and regulatory or compliance costs. Additional charges apply where the Goods differ from the description you provided.
9. Payment Terms
Invoices are payable within 7 days unless otherwise agreed. Late payments may incur interest at a reasonable commercial rate for Business Customers. We may suspend the Services where an account is overdue.
10. Lien and Security Interest (PPSA)
We have a general lien over the Goods for all amounts owing, and we may retain, store or sell the Goods to recover unpaid amounts in accordance with the law. You grant us a security interest in the Goods under the PPSA and consent to registration of that interest on the PPS Register. Goods will not be released until all outstanding charges relating to the Goods are paid in full, subject to applicable law.
11. Loss, Damage and Delay Claims
Claims must be notified to us in writing within a reasonable time and supported by reasonable evidence. We are not responsible for loss arising from inherent vice or perishability, inadequate packaging or loading, or the acts or omissions of third-party carriers, subject to the ACL.
12. Consumer Guarantees
Consumers are entitled to statutory guarantees under the ACL, and nothing in these Terms excludes or limits those rights.
13. Limitation of Liability
For Consumers, where permitted by the ACL our liability is limited to the re-supply of the Services or payment of the cost of re-supply. For Business Customers, to the maximum extent permitted by law our liability is limited to the lesser of the cost of the Services or 1,000 AUD per consignment, or the declared value accepted by us in writing.
14. Excluded Losses (Business Customers)
To the maximum extent permitted by law, we are not liable to Business Customers for loss of profit, revenue or business, indirect or consequential loss, or delay-related losses.
15. Indemnities (Business Customers)
Business Customers indemnify us against all loss arising from incorrect or incomplete information, breach of law, dangerous or illegal Goods, and any HVNL or CoR non-compliance caused by you.
16. Storage, Handling and Warehousing
Storage is at your risk unless otherwise required by law, and reasonable storage fees may apply.
17. Subcontractors and Third-Party Carriers
We may engage Subcontractors without notice. Where we act as agent, the carrier's terms and conditions may apply to the carriage of your Goods.
18. Suspension or Refusal of Services
We may suspend or refuse the Services where payment is overdue, where safety or compliance risks exist, or where Goods are misdescribed or non-compliant.
19. 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.
20. Termination
Either party may terminate these Terms for material breach. All outstanding charges remain payable on termination.
21. Confidentiality and Privacy
Commercially sensitive information must be kept confidential by both parties. We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
22. Dispute Resolution
The parties must attempt good-faith negotiation before commencing litigation. Nothing prevents a party from seeking urgent injunctive or court relief.
23. Governing Law and Jurisdiction
These Terms are governed by the laws of Western Australia, Australia. The parties submit to the exclusive jurisdiction of its courts.
24. General
Invalid provisions are severed without affecting the remainder of these Terms. A failure to enforce a right is not a waiver of that right. These Terms constitute the entire agreement relating to the Services.
25. Contact Us
For any questions about these Terms, contact Ozcoast Logistics Pty Ltd at info@ozcoastlogistics.com.au, call 1300 612 916, write to 7 Girona Street, Piara Waters, WA 6112, Australia, or send a message through our contact page.