1. General

The whole of the Agreement between All Vic Taxi Trucks & Removals & Storage ABN 14 088 285 438 ("All Vic") and the customer referred to on the reverse side of this document (“Customer”) for the carriage of the Customer’s goods are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by law (“Terms”). By signing the reverse side of this document the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All rates of carriage and any other costs, including but not limited to any storage costs, are charged at the price ruling at the date of carriage (and, where applicable, storage), and any GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or other government imposts shall be payable by the Customer in addition.

2. Terms of Payment

2.1 For carriage within the Melbourne metropolitan area, payment is due at the delivery address prior to the time of unloading of the Customer’s goods. For carriage outside this area, including interstate and overseas, payment is due prior to or at the time of pick up. For any storage payment is due four weekly in advance, together with a cleaning deposit, prior to the goods being placed in storage. All Vic may charge interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 if payment is not received by the due date.

2.2 Any payments received from the Customer on overdue accounts will be applied first to satisfy interest which may have accrued, second to reasonable expenses and legal costs referred to in Clause 2.3, and then to principal.

2.2 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by All Vic for enforcement of obligations and recovery of monies due from the Customer to All Vic.

3. Quotations and Pricing

Prices charged for carriage/storage will be according to a current quotation. Otherwise, they will be determined by All Vic by reference to its standard prices in effect at the date of carriage/storage (whether notified to the Customer or not and regardless of any prices contained in the booking). All Vic will use its best endeavours to notify the Customer of price changes but bears no liability in respect of this.

4. Lien and Rights of Sale

Until full payment has been made for all services supplied by All Vic under these Terms and any other sums in any way outstanding from the Customer to All Vic from time to time:-

4.1 Any goods of the Customer in the possession, custody, power or control of All Vic shall be subject to a lien in favour of All Vic to secure payment.

4.2 All Vic may retain and sell or otherwise dispose of any of the Customer’s goods that are in All Vic’s possession, custody, power or control. All Vic may only sell the goods after first giving 28 days written notice by registered or certified mail to the Customer at it’s last known address that an amount has been outstanding for more than 28 days, and that if the amount owing is not paid by the Customer within that period, All Vic may sell all or any of the Customer’s goods by public auction or private treaty, or if the goods are assessed by an independent auctioneer as being of non-commercial value, dispose of the goods as All Vic see fit.

4.3 All Vic may pay itself out of any sale proceeds for the goods any monies owing pursuant to these Terms, plus an amount sufficient to cover the reasonable costs of the giving of notice, transportation to and from storage, storage of goods, and the sale. Any surplus shall be remitted to the Customer by cheque sent to the Customer’s last known address by ordinary pre-paid post and remittance in this manner shall be deemed to have been received by the Customer. Any shortfall shall remain the liability of the Customer.

5. Delivery

Any times quoted for delivery are estimates only and All Vic shall not be liable for any delay in delivery. The Customer shall not be relieved of any obligation to pay for carriage, by reason of any delay in delivery.

6. Cancellations

No cancellations of a booking by the Customer shall be accepted by All Vic unless it has first consented in writing to such cancellation and unless a cancellation charge has been paid which, as determined by All Vic, will indemnify All Vic against all loss, without limitation.

7. Warranties by Customer

The Customer expressly warrants and represents to All Vic that:

7.1 It is either the owner or the authorised agent of the owner of any goods the subject of these Terms;

7.2 If the goods are inherently dangerous or unsafe, it will disclose this to All Vic at the time of booking and advise All Vic on the safe and appropriate methods of carriage and storage; and

7.3 Any goods when received or collected by All Vic will comply with all requirements of any applicable laws.

8. Insurance

All Vic do not insure goods while in carriage or storage, or arrange insurance for the Customer. The Customer is advised to arrange insurance for carriage and/or storage.

9. Exclusion of liability

All Vic is not a common carrier, and the Customer expressly releases and discharges and shall hold All Vic harmless from all liability for loss, damage to, or destructions of goods during carriage or storage or consequential loss that but for this clause would or may arise in tort, contract or other law.

10. Warranties

No warranties except those implied and that by law cannot be excluded are given by All Vic in respect of services supplied under these Terms. Where it is lawful to do so, the liability of All Vic for a breach of a condition or warranty is limited to the supplying of the services again or payment of the cost of having the services supplied again, as determined by All Vic.

11. Force Majeure

All Vic shall be released from its obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the parties renders provision of the services impossible.

12. Failure to Act

All Vic's failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or All Vic's failure to exercise any right or remedy available under these Terms or at law, or All Vic's failure to insist upon timely payment of monies when due or to demand payment of any charges or fees which accrue or any extension of creditor forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver of All Vic's right to demand timely payment of future obligations or strict compliance with the Terms.

13.1 These Terms shall be governed by and interpreted according to the laws of Victoria and All Vic and the Customer consent and submit to the jurisdiction of the Courts of Victoria.

13.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.