Definitions and Interpretations
- “Racer Freight Services” (RFS) is the trading name of the freight forwarder business –
ABN 65 155 052 234. The entity is subsidiary of Racer Group Pty Ltd. - “Charges” or “Charge” means the charges payable for the services in freight,
transport, surcharges, administration, and other supply chain services in logistics as
calculated under RFS’s quote schedules or other agreed rates. - “Customer” means the “Client” or “Consignor” or “Consignee” and means any
person, organisation, company, government or statutory body or authority, or any
group or combination of these individuals or entities with whom this contract is
made or on whose behalf this contract is entered into or whom RFS contracts to
provide services. - “Goods” or “Cargo” or “Consignment” shall mean that which is requested to be
transported or stored by the client of RFS or by its subcontractors for the purpose of
carriage to the place or destination of delivery, such place or destination to be as
instructed by the Customer to RFS. It also means the goods accepted from the
Consignor with any container, packaging or pallets supplied by or for the Consignor. - “Storage” means the whole of the storage operations and services undertaken by
RFS for the Goods.
Exclusions and Limitations of Racer Freight Services Liability
- Racer Freight services is not a common carrier and accepts no liability as such. All
Goods are carried, handled, and transported and all Storage and other services are
performed by RFS subject to these terms and conditions. - RFS accepts no liability to the Customer for acts or omissions of the Carrier for loss
of, damage to or deterioration or contamination of the Goods, or any delay, non-
delivery, misdirection of Goods, or other failure to supply the Goods, or supply the
Goods in time, or arising out of the Goods. - RFS accepts no liability for, and the Customer releases and indemnifies RFS against
all loss, damage, costs and expense from any claim by the Customer in tort (including
negligence), contract, bailment other otherwise for loss or damage to any property,
injury to, and death of any person arising out of acts or omissions of RFS, or any or all
the Goods, any delay, non-delivery or other failure to supply the Goods,
deterioration, damage, contamination or loss of Goods or any failure arising or delay
out of the storage of the Goods
Claims & Insurance
- RFS is not liable for damages or loss of the Goods or any part of the Goods.
- The Customer accepts without limitation that:
a. The Goods and Services are provided, carried, handled, and stored solely at
the Customers risk, and RFS is under no obligation to arrange insurance to
cover Goods and Services for the Customer against any form of direct or
consequential loss arising, nor shall or arrange such insurance of any kind whatsoever,
unless effected in writing by special arrangements.
b. No claim may be made against RFS for failure to arrange insurance on behalf of a Customer,
or for not insuring goods in transit, handling, and storage.
c. RFS is NOT a common carrier, and strongly urges all customers to arrange appropriate insurances prior to engaging RFS.
Quotation and Charges
- Any quotation given by RFS to the Customer is subject to change. RFS Standard Rate
Schedule may be varied from time to time, and RFS reserves its right to make such variance. - Acceptance of a quotation/charges is effective only upon signing and receipt by RFS of the
signed or confirmed quotation or upon commencement of freight booking. - Charges are from RFS unless otherwise quoted. Pick ups and delivery charges also apply.
- Unless otherwise specified in writing by RFS, the Customer must pay the total charges within
7 days of the date of the RFS invoice. - Refund of charges once the freight is booked by RFS is not applicable under any
circumstances. - RFS is not responsible for any destination charges or custom duty which is payable upon
collection of the cargo or container, or pallet by the Consignee.
Transport Service Charges
The Customer must:
- Pay reasonable surcharges as arising and in accordance with RFS’s written or verbal
communication of a requirement to do so to ensure safe, compliant, profitable, carriage of
Goods. - Pay reasonable Charges as arising and in accordance with RFS’s written or verbal
communication of a requirement to do so for freight services arising that have not been
quoted by RFS. - Pay additional Charges which are to be agreed by the parties whether verbally or in writing
where the service requires a specialised vehicle to complete the task, such as a tailgate or
tail-lift, hand unload, upper-level delivery, or other exception where additional costs arise. - Pay additional charges for urgent/priority freight cargo pickups.
- Pay statutory fines arising from non-compliance, misstatements of weight, dimensions, or
composition of goods, or falsely declared or missing documentation. - Pay for charges arising for the hire, recovery and or replacement of cargos listed on
consignment notes to RFS for transportation of Goods, where the Customer’s, Consignor,
and or Consignee’s equipment exchange or transfer procedures fail and consequential costs
arise. - Pay additional Charges for container detention, Container wharf storage (for late collection),
Container late lodgement (for late export container delivery), or other related costs for
container cleaning, or container repair due to damages where it is obliged to do so.
Documentation
The Customer must:
- Complete all the documentation and submit to RFS in timely manner.
- Provide or declare all the information correctly and in best of your knowledge.
- All information provided to RFS must be in written either on forms or email. No verbal
communications will be accepted.
Payment
Unless prior consent is granted in writing by RFS to the Customer for an extension of their terms of
payment, being seven (7) days from the date of invoice, then if the Customer makes no or partial
payment, RFS may place a stop service and hold the cargo. Storage fees may apply. The Customer
agrees and acknowledges that RFS is not liable for any resulting loss or damage caused to the
Customer and or its Goods as a consequence of the stop service.
Right to Refuse Carriage or Storage of Goods
RFS reserves the right to refuse at its discretion the provision of any service it provides for
whatever reasonable cause it may deem necessary to do so, and this shall extend to work in
progress services where there are sudden debtor risks arising, or concern for safe work
practice, or the environment. The Customer agrees and acknowledge that RFS is not liable
for any resulting loss or damage caused to the Customer and or its Goods and Services as a
consequence of such refusal of service.