our terms of trade

Terms and Conditions of Carriage and Services

Pro Tilt Transport Pty Ltd
ABN 36 673 793 238

These Terms and Conditions apply to all transport, towing, logistics, and related services provided by Pro Tilt Transport Pty Ltd (“Carrier”, “we”, “us”, “our”).

By requesting services, providing goods for transport, or accepting a quotation, you (“Client”, “Customer”) agree to be bound by these Terms.

  1. Definitions

Carrier means Pro Tilt Transport Pty Ltd ABN 36 673 793 238.

Client means any person or entity requesting or receiving services from the Carrier, including consignors and consignees.

Goods means any cargo, machinery, vehicles, equipment, or items handled or transported.

Services means transport, towing, loading, unloading, storage, or logistics services provided by the Carrier.

Charges means all fees payable including freight, waiting time, storage, levies, and additional services.

  1. Non-Common Carrier

The Carrier is not a common carrier and reserves the right to refuse carriage or handling of any Goods at its absolute discretion.

  1. Acceptance of Terms

These Terms apply to all Services unless otherwise agreed in writing by an authorised representative of the Carrier.

Acceptance occurs when:

  • A booking is made
  • Goods are provided for transport
  • A quote is accepted
  • Services commence

Electronic acceptance is binding.

  1. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights under the Competition and Consumer Act 2010 (Cth) or Australian Consumer Law that cannot lawfully be excluded.

Where liability cannot be excluded, the Carrier’s liability is limited to:

  • Re-supplying the Services; or
  • Paying the cost of re-supplying the Services,

to the maximum extent permitted by law.

  1. Client Responsibilities and Warranties

The Client warrants that:

  • Goods are accurately described
  • Weight and dimensions are correct
  • Goods are properly packaged
  • Loading sites are safe and accessible
  • The Client has authority to deal with the Goods
  • All laws and regulations are complied with

The Client indemnifies the Carrier against any loss or liability arising from inaccurate information or breach of these warranties.

5.1 Load Declaration

The Consignor warrants that all Goods tendered for transport have been fully, accurately, and truthfully described and declared to the Carrier prior to collection.

Without limitation, the Consignor must ensure that:

The nature, weight, dimensions, quantity, and condition of the Goods are correctly stated;

Any special characteristics of the Goods, including but not limited to fragile, hazardous, oversized, or unusual items, are clearly disclosed in writing;

All permits, approvals, and compliance requirements applicable to the Goods have been obtained and satisfied.

The Carrier shall be entitled to rely upon the description and particulars provided by the Consignor without further enquiry or verification.

Where the Consignor fails to adequately declare the Goods, the Consignor shall be liable for:

Any loss or damage arising from such non-disclosure or misrepresentation;

Any additional costs, expenses, delays, penalties, or charges incurred by the Carrier;

Any damage caused to the Goods, the Carrier’s vehicles or equipment, or any third-party property.

The Carrier reserves the right to refuse carriage, cease transport, or take corrective action where the Goods are found to be incorrectly declared, unsafe, or non-compliant.

To the fullest extent permitted by law, the Carrier shall not be liable for any loss or damage whatsoever arising from the Consignor’s failure to comply with this clause.

5.2 Packaging, Loading and Securing of Goods

The Consignor is solely responsible for ensuring that all Goods are properly packaged, secured, stabilised, and prepared for transport in a safe and compliant manner.

Where the Carrier does not undertake packing or loading, the Carrier shall not be responsible for any loss, damage, or delay arising from:

  • Inadequate or improper packaging;
  • Incorrect or unsafe loading practices;
  • Movement, shifting, or settling of the Goods during transit.

The Consignor warrants that all Goods are loaded in compliance with all applicable laws, codes, and safety standards.

5.3 Site Sheds and Containers

The Consignor acknowledges and agrees that site sheds are not designed, constructed, or rated for use as storage units during transport.

The Consignor must ensure that all site sheds presented for transport are completely empty unless otherwise expressly agreed in writing by the Carrier.

The Carrier accepts no liability for:

  • Damage to internal contents;
  • Structural damage resulting from undisclosed contents;
  • Any loss arising from the presence of undeclared items.

In relation to shipping containers, the Consignor warrants that:

  • All contents are properly packed and secured;
  • The container is fit for transport;
  • Doors are secured and compliant.

The Carrier shall not be liable for any internal damage caused by inadequate packing or load restraint within containers.

  1. Chain of Responsibility (Heavy Vehicle National Law)

The Client acknowledges obligations under the Heavy Vehicle National Law (HVNL).

The Client must ensure:

  • Accurate load information is provided
  • Safe loading and restraint requirements are met
  • No instruction is given that would cause a legal breach

The Client indemnifies the Carrier for penalties or losses caused by Client breaches.

  1. Dangerous Goods

Dangerous or hazardous Goods must be declared in accordance with the Australian Dangerous Goods Code (ADG Code).

If not properly declared, the Carrier may:

  • Refuse transport
  • Dispose of the Goods
  • Take safety actions

All costs are payable by the Client.

  1. Subcontracting

The Carrier may subcontract any Services.

Subcontractors receive the benefit of all protections and limitations in these Terms.

  1. Limitation of Liability

To the maximum extent permitted by law, the Carrier is not liable for:

  • Loss or damage to Goods
  • Delay in delivery
  • Consequential or economic loss
  • Loss of profits or contracts
  • Loading or unloading damage
  • Events beyond reasonable control

Unless otherwise agreed, Goods are carried at the Client’s risk.

If liability applies, it is limited to the lesser of:

  • $1,000; or
  • The cost of re-supplying the Services.
  1. Insurance

The Carrier does not insure Goods unless agreed in writing.

Clients are responsible for arranging their own insurance.

  1. Charges and Additional Costs

Charges are earned once Goods are collected or dispatched and are non-refundable.

Additional charges may apply for:

  • Waiting time
  • Site delays
  • Access difficulties
  • Redelivery
  • After-hours work
  • Incorrect information
  • Storage
  1. Payment Terms

Payment terms are strictly COD, Cash on delivery unless otherwise agreed in writing. Services may prevent unloading goods until payment in received.

The Carrier may charge:

  • Interest on overdue amounts (10% per annum)
  • Debt recovery costs
  • Legal costs on an indemnity basis
  1. Lien and Retention of Goods (Important)

The Carrier has a general lien over all Goods in its possession for any amounts owed by the Client.

If payment is not made when due, the Carrier may:

  • Retain possession of Goods
  • Refuse delivery
  • Store Goods at the Client’s cost
  • Sell the Goods after reasonable notice
  • Apply proceeds toward the debt

The Client remains liable for any shortfall.

  1. PPSA Security Interest

The Client grants the Carrier a security interest under the Personal Property Securities Act 2009 (Cth) in:

  • All Goods transported
  • Proceeds of sale

The Carrier may register this interest on the PPSR.

The Client waives notice rights to the extent permitted by law.

  1. Delivery

Delivery occurs when Goods arrive at the nominated location or are made available for collection.

If delivery cannot occur due to Client issues, additional charges apply.

  1. Storage

If Goods are stored for any reason, storage charges apply and Goods remain at the Client’s risk.

  1. Claims

The Consignor and/or Consignee must inspect the Goods immediately upon delivery.

Any claim for loss or damage must be noted in writing at the time of delivery and notified to the Carrier within twenty-four (24) hours to admin@protilttransport.com.au.

Concealed damage must be reported within forty-eight (48) hours.

Failure to comply constitutes conclusive evidence that the Goods were delivered in good condition and extinguishes any claim.

Claims must be supported by evidence, and the Carrier must be given opportunity to inspect prior to repair.

Failure to notify may bar the claim to the extent permitted by law.

  1. Force Majeure

The Carrier is not liable for delays caused by events beyond reasonable control including:

  • Weather
  • Accidents
  • Mechanical failure
  • Road closures
  • Government actions
  • Industrial disputes
  1. Privacy

Personal information is handled in accordance with the Privacy Act 1988 (Cth) for:

  • Service delivery
  • Credit management
  • Legal compliance
  1. Governing Law

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

  1. Severability

If any provision is unenforceable, the remaining provisions remain valid.

  1. Entire Agreement

These Terms represent the entire agreement unless varied in writing by the Carrier.

Contact Information

Pro Tilt Transport Pty Ltd
ABN 36 673 793 238
Email: admin@protilttransport.com.au
Phone: 0422 236 061
Website: www.protilttransport.com.au