Terms & Conditions

TERMS & CONDITIONS OF CONTRACT FOR CASUAL ACCOUNTS

  1. In these conditions the term ‘Carrier’ shall mean FIRST CHOICE COURIERS and shall include, unless the context otherwise requires, its servants, agents and sub-contractors.
  2. The Carrier is not a common carrier and will accept no liability as such. The Carrier receives the right to refuse the carriage or transport of goods for any person, corporation, company or unincorporated body of association and the carriage or transport of any class of goods at its discretion.
  3. The Carrier may arrange for the carriage of any or all the goods the subject of the contract by a sub-contractor and the Carrier in making the contract does so for its own benefit and also as agent for the sub-contractor. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the said goods to such sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
  4. The consignor warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the same, that the packaging, container or pallets delivered with the goods comply with the requirements of the consignee, and that all customs duty, excise duty, harbour, dock, railway, shipping, warehouse and transport charges due in respect of the goods upon delivery thereof to the Carrier have been paid. Any expenses incurred by the Carrier in making good any failure by the consignor under this clause shall be paid by the consignor.
  5. The consignor shall not tender for carriage any explosive, inflammable, dangerous or damaging goods, without prior approval in writing of the Carrier.
  6. The goods the subject of the contract shall be at the risk of the owner and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration, contamination or evaporation of, or misdelivery, non-delivery or delay in delivery of any goods the subject of the contract, including frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or wilful act or default of a carrier as that term is defined herein; nor shall the Carrier be responsible for any consequential loss arising from any such loss, damage, deterioration, contamination, evaporation, misdelivery, non-delivery or delay in delivery; and this clause shall apply whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and the consignor or either of them, or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
  7. The Carrier may make any deviation from the usual route or manner of cartage of goods or any interruption thereof which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
  8. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods. If the consignee is not in attendance at the address given during normal trading hours when delivery is attempted, it will become the responsibility of the receiver to collect the freight from the carrier�s nominated site, unless additional charges are paid by the consignor.
  9. The consignor warrants that it is either the owner or the authorised agent of the owner of all goods the subject of the contract and the consignor accepts these conditions of contact for the consignee as well as for all other persons on whose behalf of the consignor is acting.
  10. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an officer of the Carrier.
  11. No claim is maintainable against the Carrier in respect of loss of or injury to goods the subject of the contract unless notice in writing of such loss or injury is given to the carrier within (5) days after the date of delivery of such goods or in the case of non-delivery within (5) days after the person claiming became aware of such loss of injury.
  12. Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as to value prior to collection.
  13. These Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

CONDITIONS OF CONTRACT FOR PRE-PAID COUPONS

  1. In these conditions the term ‘Carrier’ shall mean FIRST CHOICE COURIERS and shall include, unless the context otherwise requires, its servants, agents and sub-contractors.
  2. The Carrier is not a common carrier and will accept no liability as such. The Carrier receives the right to refuse the carriage or transport of goods for any person, corporation, company or unincorporated body of association and the carriage or transport of any class of goods at its discretion.
  3. The Carrier may arrange for the carriage of any or all the goods the subject of the contract by a sub-contractor and the Carrier in making the contract does so for its own benefit and also as agent for the sub-contractor. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the said goods to such sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
  4. The consignor warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the same, that the packaging, container or pallets delivered with the goods comply with the requirements of the consignee, and that all customs duty, excise duty, harbour, dock, railway, shipping, warehouse and transport charges due in respect of the goods upon delivery thereof to the Carrier have been paid. Any expenses incurred by the Carrier in making good any failure by the consignor under this clause shall be paid by the consignor.
  5. The consignor shall not tender for carriage any explosive, inflammable, dangerous or damaging goods, without prior approval in writing of the Carrier.
  6. The goods the subject of the contract shall be at the risk of the owner and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration, contamination or evaporation of, or misdelivery, non-delivery or delay in delivery of any goods the subject of the contract, including frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or wilful act or default of a carrier as that term is defined herein; nor shall the Carrier be responsible for any consequential loss arising from any such loss, damage, deterioration, contamination, evaporation, misdelivery, non-delivery or delay in delivery; and this clause shall apply whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and the consignor or either of them, or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
  7. The Carrier may make any deviation from the usual route or manner of cartage of goods or any interruption thereof which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
  8. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods. If the consignee is not in attendance at the address given during normal trading hours when delivery is attempted, it will become the responsibility of the receiver to collect the freight from the carrier’s nominated site, unless additional charges are paid by the consignor.
  9. The consignor agrees that the person delivering any goods to the Carrier for carriage is authorised to sign the delivery docket on its behalf.
  10. The consignor warrants that it is either the owner or the authorised agent of the owner of all goods the subject of the contract and the consignor accepts these conditions of contact for the consignee as well as for all other persons on whose behalf of the consignor is acting.
  11. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an officer of the Carrier.
  12. No claim is maintainable against the Carrier in respect of loss of or injury to goods the subject of the contract unless notice in writing of such loss or injury is given to the carrier within (5) days after the date of delivery of such goods or in the case of non-delivery within (5) days after the person claiming became aware of such loss of injury.
  13. Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as to value prior to collection.
  14. If the goods are at any time re-weighed or re-measured, the Customer shall pay any proportional additional freight charges as determined by the Carrier. This may be in the way of additional coupons being used to cover such cost as determined by the Carrier. If any additional charges are not made by the Customer, the Carrier reserves the right to delay delivery of the goods until such time that payment is received.
  15. All transactions are processed in Australian Dollars (AUD).
  16. Please choose carefully, as we do not normally give refunds if you simply change your mind or make a wrong decision when making an order. In regards to damage or lost freight, please refer to our insurance options at time of making a booking. If you select to take out insurance and your freight is lost or damaged, you can choose between a refund or credit to your account.
  17. These Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

CREDIT ACCOUNT TERMS AND CONDITIONS

  1. In these conditions the term ‘Carrier’ shall mean FIRST CHOICE COURIERS and shall include, unless the context otherwise requires, its servants, agents and sub-contractors.
  2. The Carrier is not a common carrier and will accept no liability as such. The Carrier receives the right to refuse the carriage or transport of goods for any person, corporation, company or unincorporated body of association and the carriage or transport of any class of goods at its discretion.
  3. The Carrier may arrange for the carriage of any or all the goods the subject of the contract by a sub-contractor and the Carrier in making the contract does so for its own benefit and also as agent for the sub-contractor. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the said goods to such sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
  4. The consignor warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the same, that the packaging, container or pallets delivered with the goods comply with the requirements of the consignee, and that all customs duty, excise duty, harbour, dock, railway, shipping, warehouse and transport charges due in respect of the goods upon delivery thereof to the Carrier have been paid. Any expenses incurred by the Carrier in making good any failure by the consignor under this clause shall be paid by the consignor.
  5. The consignor shall not tender for carriage any explosive, inflammable, dangerous or damaging goods, without prior approval in writing of the Carrier.
  6. The goods the subject of the contract shall be at the risk of the owner and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration, contamination or evaporation of, or misdelivery, non-delivery or delay in delivery of any goods the subject of the contract, including frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or wilful act or default of a carrier as that term is defined herein; nor shall the Carrier be responsible for any consequential loss arising from any such loss, damage, deterioration, contamination, evaporation, misdelivery, non-delivery or delay in delivery; and this clause shall apply whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and the consignor or either of them, or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
  7. The Carrier may make any deviation from the usual route or manner of cartage of goods or any interruption thereof which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
  8. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods. If the consignee is not 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 delivery is accomplished.
  9. The Carrier’s freight charges shall be considered earned whether the goods are delivered to the consignee or not or whether damaged or not and no freight charge shall be refundable under any circumstances.
  10. The consignor agrees that the person delivering any goods to the Carrier for carriage is authorised to sign the delivery docket on its behalf.
  11. The consignor warrants that it is either the owner or the authorised agent of the owner of all goods the subject of the contract and the consignor accepts these conditions of contact for the consignee as well as for all other persons on whose behalf of the consignor is acting.
  12. The Carrier shall be entitled to payment by the consignor of freight charges in accordance with its quoted rates and failing any such quotation in accordance with its prevailing rates charged or chargeable to other customers for like cartage.
  13. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an officer of the Carrier.
  14. No claim is maintainable against the Carrier in respect of loss of or injury to goods the subject of the contract unless notice in writing of such loss or injury is given to the carrier within (5) days after the date of delivery of such goods or in the case of non-delivery within (5) days after the person claiming became aware of such loss of injury.
  15. Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as to value prior to collection.
  16. Any special instruction by the consignor to the carrier and accepted by the carrier to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that if the consignee does not pay the said charges within seven (7) days of the date set forth for payment or, if not date is set for payment within (7) days of delivery or tendered delivery of the goods, then the consignor shall pay the said charges. Please note that all goods presented for transportation must be packed correctly and clearly labeled with all the receivers’ details on each item of freight. Freight not considered safe for transportation will be rejected by the pick-up driver.

CREDIT ACCOUNT PAYMENT TERMS

  1. All freight and charges are earned by First Choice Couriers (“the Carrier”) as soon as the goods are picked up or accepted for storage.
  2. The Consignor agrees to pay 7 days from date of tax invoice issued by the Carrier, pay all freight and charges, irrespective of whether the goods have been delivered or not and whether the goods are damaged or not.
  3. The Consignor must pay all sums by the due date without deduction or deferment on account of any claim, counterclaim or set-off.
  4. On accounts overdue to the Carrier, the Carrier shall be entitled to interest calculated at 4% above the base rate of the Carrier’s bank applicable during the periods that such amounts are overdue.
  5. The Consignor will be liable for all costs and expenses (including legal costs on a solicitor and client basis) incurred by the Carrier in collecting from the Consignor or other party money owed on overdue accounts.
  6. If the goods are at any time re-weighed or re-measured, the Consignor shall pay any proportional additional freight as determined by the Carrier.
  7. The Consignor shall pay any charge for demurrage at the rate charged to the Carrier directly or indirectly by any railway or shipping authority or other person.
  8. When the Carrier is instructed to collect freight, duties, charges or other expenses from any person other than the Consignor, the Consignor shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and not paid by such other person. If, on demand, any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier will have a general lien over the goods and/or any other cargo or items that are the property of the Consignor, and without notice to the Consignor, may sell all or any part of the goods and/or any other cargo or items that are the property of the Consignor which are in its possession and out of the moneys arising from the sale retain the charges so payable together with 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 remain unsold to the person entitled thereto.

Privacy Policy

  • First Choice Freight Services Pty Ltd, trading as First Choice Couriers, and all its related companies, respect your private information. Our Privacy Policy is about your personal information and explains how we collect such information, what we do with it and how it is protected.
  • From time to time, in order to better service you, we may disclose sensitive and commercial information belonging to you and we require that such information as we disclose to you remains entirely confidential and you are not permitted to disclose same to any third party.
  • The purpose of the policy is to outline First Choice Couriers open and transparent way of handling personal information. We are continually committed to complying with privacy legislation and protecting your private information.
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  • Your acknowledgement
  • By entering into a Contract with First Choice Couriers or related companies, as well as your use of this website, represents an acknowledgement that you are aware of our Privacy Principles.
  • This policy does not create or confer on any parties any rights or impose upon First Choice Couriers any rights or obligations outside of, or in addition to, those rights or obligations obliged under the relevant legislation.
  • If any inconsistency arises between this policy or the relevant legislation, this policy shall be interpreted, to give effect to, and comply with the relevant legislation.
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  • What information do we collect
  • First Choice Couriers collects personal information such as names, contact telephone numbers, contact details, email addresses, payment details, commercial credit worthiness and/or credit card details.
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  • Purpose
  • First Choice Couriers collects personal information when it is reasonably required for business purposes.
  • Other reasons we collect personal information include:
  • –       For internal use.
  • –       Assessing credit worthiness or credit applications.
  • –       For insurance purposes (if required).
  • –       For debt collection purposes.
  • Information that you provide to us will only be used for the intended purpose for which it was collected or for a purpose related to the intended purpose, within our operation and service parameters and we shall not sell, trade or deal with such information to any third party.
  • Further, we may use or disclose personal information in the following circumstances:
  • –       Where you have consented to the use or disclosure;
  • –       Where First Choice Couriers reasonably believes that the use or disclosure will prevent a serious, immediate threat to the public’s health or safety;
  • –       Where First Choice Couriers reasonably suspects unlawful activity has been, is being or may be engaged in; and
  • –       Where required by the law.
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  • How information is collected and how it is held
  • Information can be collected as follows:
  • –       Directly from you; or
  • –       Through contact with the credit references provided by you at any time whether now or in the future.
  • You warrant that the personal information you provide is accurate, up to date and complete.
  • Information is held in both paper and electronic form by way of a database in a secured room.
  • If First Choice Couriers receives unsolicited information that is irrelevant and/or would not have access to if solicited, and is not public information, we will, as soon as is reasonably practicable, destroy or de-identify the information.
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  • How you may access personal information
  • Your personal information may be shared internally or with third parties. First Choice Couriers may disclose any or all of your personal information to:
  • –       Third party insurers
  • –       To a debt collection agency.
  • –       Credit providers.
  • –       Accountants.
  • –       Solicitors.
  • –       Any other third parties required for legal obligations and other privacy exceptions.
  • If First Choice Couriers is required to provide your personal information to any other third parties not mentioned above, overseas parties or in a way that is unrelated to the scope of First Choice Couriers conducting its business, First Choice Couriers will obtain express consent from you before disclosing or using personal information in such a way.
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  • Indemnity
  • Subject to law, you hereby indemnify us from any breach of any privacy legislation with respect to our dealings with you.
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  • Accuracy of Personal Information
  • First Choice Couriers endeavours to maintain a high standard of records, including the accuracy and completeness of client’s information. To ensure this, First Choice Couriers may contact its clients to ensure that their records are up to date. If you are aware that your details are not up to date, you must notify First Choice Couriers.
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  • Access to Personal Information
  • To access or update your information, or if you have any queries about this Privacy Policy, please contact First Choice Couriers directly.
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  • Security
  • First Choice Couriers takes all reasonable steps to protect the security of your personal information.
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  • Privacy Policy Changes
  • While these terms and conditions are current at the time of production, management reserves the right, without notice, to vary, change, amend or delete any part thereof at any time for any reason.  Prior to acting on reliance of these terms our valued customers are encouraged to confirm that this as they appear are current and in force.  Use of the products and services provided by First Choice Couriers constitutes acceptance of this Privacy Policy.   E&EO information correct as at 31 March 2014.
  • If you believe a breach of the Australian Privacy Principles has occurred, please alert First Choice Couriers immediately so the matter may be resolved as soon as is practicable. Otherwise, a complaint may be lodged with the Office of the Australian Information Commissioner.