Terms of Transport
Transport Terms & Conditions
SMB Australia Car Transport Terms & Conditions of Transport are as follows:
Transit times may vary due to peak periods, and are not limited to acts of nature, unforeseen circumstances, backlogs etc.
Survey Report: Obvious Damage Only – Dents, Scratches & Stone Chips will not necessarily be illustrated.
NO Insurance for Second hand vehicles.
NO Insurance for damage to Windscreen or Vehicle Glass.
EXCLUSIONS: Pre-existing Damage, Hidden Defect, Hail/Storm Damage, Mechanical or Electrical damage or Derangement, Loss or damage to personal property or effects from or within the vehicle, Internal vehicle damage/dirt, Damage to the vehicle due to movement of objects within the vehicle, Stone Chips, Damaged Windscreen or Vehicle Glass, Dust/Road Grime, Insect/Bird damage/ droppings, Under-carriage damage and/or a Force Majeure event.
(2) SENDER/RECEIVER: Is responsible for the first $800.00 per vehicle of any repair by SMB Australia Car Transport Pty Ltd.
(3) CLAIMS: To be notified in writing on docket on delivery of vehicle. We are not liable for the EXCLUDING (1) causes.
The carrier accepts no responsibility for damage sustained to the undercarriage as a result of the vehicle being lower than 15cms/ modified or it’s hydraulic/air suspension.
The carrier accepts no responsibility for other contents / items/ and/or accessories not being factory fitted components.
The carrier accepts no responsibility for any loss or damage to second hand vehicles / vehicles older than 20 years.
The carrier accepts no responsibility for any transport delays due to vary due to peak periods, and are not limited to acts of nature/ pandemics, unforeseen circumstances, backlogs etc.
A premium of $800.00 is applicable, per vehicle, to all damages payable by the sender/ receiver.
Non Driveable/ Damaged /Auction vehicles are not covered by our service premium.
1. In these Conditions:- "Carrier" shall mean. SMB Car Transport Pty Ltd, its. servants and agents; "Subcontractor" shall mean and include- (i) all companies which are subsidiaries of the Carrier as defined in section 6 of the Companies Act, 1961 (NSW) (ii)Commonwealth and State railway authorities. (iii) Any other person, firm or company with whom the Carrier may arrange for the carriage of any goods the subject of this contract; And any other person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in (i) (ii) and (iii) above.
2. THE CARRIER IS NOT A COMMON CARRIER AND WILL ACCEPT NO LIABILITY AS SUCH. All articles are carried or transported, and all storage and other services are performed by the Carrier subject only to these conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE ARTICLES AT ITS DISCRETION.
3. The goods are accepted by the Carrier subject to the following conditions: - (a) that they comply with the requirements if any applicable law relating to nature, condition and packaging of goods and that any expenses and charges incurred by the Carrier in complying with the provisions of any such law or with the requirement of any authority or other party shall be paid by the Consignor. (b) That if any of the goods are subject to the control of the Customs, all duty, excise duty and costs which the Carrier becomes liable to pay and does pay shall be paid by the Consignor. (c) That the goods are fully described inwriting in the space provided hereon; (d) That the goods do not include any explosive, inflammable or otherwise dangerous or damaging goods other than as are specifically described as such hereon.
4. The Consignor hereby authorizes the Carrier (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be rectified by the Consignor upon delivery of the said goods to such; sub-contractor.
5. If the Consignor instructs the Carrier to use a particular method of carriage, whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorize him to carry or have the goods carried by another method or methods.
6. The Consignor shall be deemed to authorize any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
7. Freight shall be considered earned as soon as the goods are loaded and dispatched.
8. (a) UNESS OTHERWISE EXPRESSLY AGREED IN WRITING, NO RESPONSIBILITY in tort or contract or otherwise WILL BE ACCEPTED BY THE CARRIER FOR ANY LOSS OR DAMAGE TO OR FAILURE TO DELIVER OR DELAY IN THE DELIVERY OR MISDELIVERY OF GOODS handling or in transit or in storage or whether caused by the negligence, wrongful act or default of the Carrier or by any other cause whatsoever. This disclaimer extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged during the movement, and to include any loss consequently or otherwise arising from any such loss. (b) Non Running / Damaged vehicles are subject to liability of the Consignor and/ Or Consignee and NOT the Carrier. The Carrier reserves the right to recover any loss / amount from the Consignor and / Or Consignee of Non Running / Damaged Vehicles due but not limited to loss in transport.
9. In the event that, whether pursuant to any liability imposed on the Carrier or otherwise, the Carrier makes any payment to the Consignor in respect of loss of or damage to or delay in the delivery of goods (including, consequential loss) the Consignor hereby assigns to the Carrier all rights which the Consignor may have under any policy of insurance to recover such loss and the Consignor hereby irrevocably appoints the Carrier as the Attorney of the Consignor with full power in the Consignors name to claim, demand, sue for and recover any such amount and the Consignor shall execute all such documents and provide all such information as may be necessary to enable the Carrier to obtain the full benefit of the clause.
10. Should the Consignee of the goods described hereon not be in attendance at the address given during normal trading hours when delivery is attempted, an additional charge may be made at ruling rates for each call until the delivery is accomplished.
11. Every special instruction to the affect that charges shall be paid by any person other than the Consignor shall be deemed to include a stipulation that if such other person does not pay the said charges within 7 days of the date set for payment or, if no date is set for payment, within 7 days of delivery or intended delivery of the goods, then the Consignor shall pay the said charges.
12. If any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier on reasonable demand being made in accordance with this contract, the Carrier may detain and sell all or any of the goods of that person which are in its possession and out of any of the moneys arising from the sale retain charges so payable and all charges and expenses of the detention and sale, and shall render the surplus if any of the moneys arising from the sale and such of the goods as may remain unsold to the person entitled there to.
Any such sale shall not prejudice or affect charges due to payable in respect of such service or the said detention and sale.
13. The Consignor expressly warrant with the Carrier that the Consignor is either the owner or the authorize agent of the owner of any goods or property the subject matter of this contract and by entering into this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
14. In respect of any clause or clauses herein which exclude or in any way limit the liability of the Carrier in respect of this carriage of goods, the Carrier, in addition to acting for itself is acting as agent and trustee for each of its servants and also any company so that its servants and such person or company and his or its servants are parties to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for its servants and for any such person or company and his or its servants.
15. (a) The within contract shall be deemed to be made in the State or Territory in which the consignment note is issued and shall be governed and construed in accordance with the laws of that State or Territory as the proper taw of the contract. (b) In the event that notwithstanding this condition this contract shall be held to be subject to the laws of some other State or Territory as the proper law of the contract then, except where repugnant to the provisions of those laws, these conditions shall continue to apply and shall be void only to the extent that they are inconsistent with or repugnant to those laws and no further. (c) Any proceedings against the Carrier shall be brought within 90 days from the date of contract. (d) Any claim for loss of or damage to goods shall be notified in writing to the Carrier on receipt of goods on delivery was effected or, in the case of loss, after delivery would, in the ordinary course of events, have been effected. (e) Any claims are to be notified to support@smbaustralia.com.au (f) By receiving and sending vehicles with the Carrier you accept conditions of transport as is, not all damages will be noted as per front page. By Consignor / Consignee receiving and accepting the vehicle voids liability of the Carrier once received.
16. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorized to sign/ accept this consignment note for the Consignor.
17. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by and Official of the Carrier.
18. NOT WITH STANDING ANY CONDITION HEREIN LIMITING OR EXCLUDING THE LIABILITY OFTHE CARRIER, where the contract involves the transportation of goods otherwise than for the purpose of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported, the contract shall be subject to the warranty or warranties implied by Section 74 of the Trade Practices Act, 1974 and in particular, the warranty by the Carrier that such transportation will be rendered with due care and Skill.
19. In any additional services and/or escorts are required because of circumstances which are beyond our control, those extra costs will be chargeable.
20. We reserve the right to cancel or change special rates quoted without notice and/or recharge for our services as per our schedule rates when unauthorised extended trading terms are taken.