Terms & Conditions of Use

These Terms and Conditions govern the use of AvailableTrucks.com.au ("Platform").

By using this Platform, all Clients, Freight Owners, Operators and Visitors agree to be legally bound by these Terms.

Platform means AvailableTrucks.com.au.

Operator means the transport company, owner-driver or carrier offering transport services.

Client means any person or business seeking transport services.

Transport Agreement means the agreement entered into directly between the Client and the Operator.

Available Trucks acts solely as an online marketplace connecting Clients with independent transport operators.

Available Trucks:

• does not own or operate transport vehicles;
• is not the carrier;
• is not a freight broker;
• is not a freight forwarder;
• does not employ Operators;
• is not responsible for the performance of transport services.

The transport contract exists solely between the Client and the Operator.

Upon accepting a quotation or booking with an Operator, the Client agrees that payment for all transport services is owed directly to the Operator. The Client must pay the Operator in accordance with the Operator's: Trading Terms; Credit Agreement; Tax Invoice; Payment Terms.

Available Trucks has no obligation to collect payment on behalf of any Operator unless expressly agreed in writing.

Unless otherwise agreed in writing, payment becomes due immediately upon completion of delivery or in accordance with the Operator's stated credit terms. Failure to pay an Operator constitutes a breach of the transport agreement.

Where payment is not made by the due date, the Operator reserves the right to:

• charge interest on overdue amounts where permitted by law;
• suspend future transport services;
• engage debt collection agencies;
• commence legal proceedings;
• recover reasonable legal costs where permitted.

Available Trucks accepts no responsibility whatsoever for unpaid invoices.

Available Trucks shall not be liable for:

• unpaid freight invoices;
• credit losses;
• insolvency of Clients;
• disputes regarding freight charges;
• collection of outstanding debts.

Recovery of unpaid invoices remains solely between the Client and the Operator.

Quotes displayed through the Platform are provided by individual Operators.

Available Trucks does not warrant:

• pricing;
• availability;
• transit times;
• delivery dates.

All pricing remains subject to confirmation by the Operator.

Once a Client accepts an Operator's quotation, the Client enters into a direct commercial agreement with that Operator.

Available Trucks is not a party to that agreement.

Transport services are deemed completed when freight has been delivered to the agreed delivery location and proof of delivery has been obtained where applicable.

Completion of delivery triggers the Client's payment obligations under the Operator's trading terms.

Any dispute concerning freight charges, delivery, damage, delays, invoices, or payment must be resolved directly between the Client and the Operator.

Available Trucks may assist in facilitating communication but has no obligation to mediate or resolve disputes.

All parties acknowledge their obligations under Australian Chain of Responsibility legislation.

Clients warrant that they will not request or require Operators to breach any applicable law, including but not limited to:

• Heavy Vehicle National Law;
• fatigue management requirements;
• mass limits;
• loading requirements;
• speed compliance.

Clients should ensure that appropriate transit insurance is arranged where required.

Available Trucks does not insure freight.

Operators remain responsible only to the extent required under their own insurance policies and applicable law.

To the maximum extent permitted by Australian law, Available Trucks excludes all liability arising from:

• loss of freight;
• damaged freight;
• delayed delivery;
• business interruption;
• consequential loss;
• payment disputes;
• contractual disputes between Clients and Operators.

Clients and Operators warrant that all information submitted to the Platform is accurate, complete and current.

Available Trucks reserves the right to suspend accounts containing false or misleading information.

Available Trucks reserves the right to suspend or terminate access to the Platform where a user:

• breaches these Terms;
• engages in unlawful conduct;
• repeatedly fails to pay Operators;
• provides misleading information;
• misuses the Platform.

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the exclusive jurisdiction of the courts of Queensland.

Available Trucks may amend these Terms at any time.

Continued use of the Platform constitutes acceptance of any amended Terms.

For enquiries regarding these Terms:

Available Trucks Australia Pty Ltd

Website: www.availabletrucks.com.au

Email: admin@availabletrucks.com.au