Terms of Trade

1. Definitions

1.1      “Azar Transport” means Azar Transport Pty Ltd (ACN 633 625 706) T/A Azar Transport, its successors and assigns or any person acting on behalf of and with the authority of Azar Transport Pty Ltd T/A Azar Transport.

1.2     “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Azar Transport to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:

  • if there is more than one Client, is a reference to each Client jointly and severally; and
  • if the Client is a part of a trust, shall be bound in their capacity as a trustee; and
  • includes the Client’s executors, administrators, successors and permitted assigns.

1.3      “Vehicle” shall mean any vehicle (including, trucks or any road worthy Vehicle), and/or Services supplied by Azar Transport to the Client at the Client’s request from time to time, documents, designs, drawings or goods supplied, consumed, created or deposited incidentally by Azar Transport Power in the course of it conducting, or providing to the Client, any Services (where the context so permits the terms ‘Vehicle’ or ‘Services’ shall be interchangeable for the other). The Vehicle shall be described in this agreement or on any other forms as provided by Azar Transport to the Client, and includes any parts, components, accessories and contents supplied by Azar Transport.

1.4      “Hire” shall mean any or all hire Vehicle supplied by Azar Transport to the Client and includes any advice or recommendations.

1.5      “Wet Hire” means that the Vehicle is supplied by Azar Transport with an operator, who shall at all times remain an employee or representative of Azar Transport.

1.6      “Cargo” shall mean cargo together with any container, packaging, or pallet(s) to be moved from one place to another by way of Azar Transport’s Services.

1.7      “Consignee” shall mean the person to whom the Goods are to be delivered by way of Azar Transport’s Services.

1.8      “Price” means the cost of the hire of the Services (plus any GST where applicable) as agreed between Azar Transport and the Client subject to clause 7 of this contract. 

1.9      “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). 

2. The Commonwealth Competition and Consumer Act 2010 (CCA) and Fair Trading Acts

2.1      Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

2.2      Where the Client purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

2.3      Liability of Azar Transport arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by Azar Transport:

  • rectifying the Services; or
  • providing the Services again; or
  • paying for the Services to be provided again.

2.4      If Azar Transport is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 2.3 or the CCA, but is unable to do so, then Azar Transport may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.

3. Acceptance

3.1      The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts delivery of, the Services.

3.2      These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Client and Azar Transport.

3.3      These terms and conditions may be meant to be read in conjunction with Azar Transport’s quotation, consignment note, agreement, manifests, or any other forms as provided by Azar Transport to the Client. If there are any inconsistencies between these documents then the terms and conditions contained in that document shall prevail.

3.4      Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3.5      In the event of Wet Hire, the Client acknowledges and accepts that the operator operates the Vehicle in accordance with the Client’s instructions. As such Azar Transport shall not be liable for any actions of the operator in following the Client’s instructions.

4. Errors and Omissions

4.1      The Client acknowledges and accepts that Azar Transport shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

  • resulting from an inadvertent mistake made by Azar Transport in the formation and/or administration of this contract; and/or
  • contained in/omitted from any literature (hard copy and/or electronic) supplied by Azar Transport in respect of the Services hire and/or/services.

4.2      In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of Azar Transport; the Client shall not be entitled to treat this contract as repudiated nor render it invalid. 

5. Errors and Omissions

5.1      The Client shall give Azar Transport not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Azar Transport as a result of the Client’s failure to comply with this clause.

6. Freight Forwarding

6.1      Except to the extent that any of the Services shall be actually performed by Azar Transport, Azar Transport shall act as a forwarding agent only.

6.2      Azar Transport shall be entitled, to enter into contracts on behalf of and as agent for the Client and without notice to the Client, for the carriage of the Goods by any route, means and carrier, for the storage, packing, trans-shipment, unloading, loading or handling of Goods by any person at any place and for any length of time, and for such other matters as in the opinion of Azar Transport may be necessary or desirable to the performance of the Services.

6.3      The Client hereby appoints Azar Transport the agent of the Client for the purpose of entering into any contract, upon such terms and conditions, as Azar Transport may in its absolute discretion think fit. The Client shall be bound by the terms of any consignment note, air waybill or other contractual document which Azar Transport may receive for the Goods, or for any package, unit or container in which the Goods may be packed, whether by the Client, Azar Transport, or any other person.

7. Price and Payment

7.1      At Azar Transport’s sole discretion the Price shall be either:

  • as indicated on invoices provided by Azar Transport to the Client in respect of Services supplied on hire; or
  • Azar Transport’s current Price, at the date of delivery of the Services, according to Azar Transport’s current price list which; or
  • Azar Transport’s quoted Price (subject to clause 2) which shall be binding upon Azar Transport provided that

the Client shall accept in writing Azar Transport’s quotation within thirty (30) days. Quotations may be either based on hourly hire rates, a fixed amount or by weight/volume.

7.2      Azar Transport reserves the right to change the Price:

  • if a variation to Azar Transport’s quotation is requested or required (including as to the nature or quantity of the Goods (including size, weight and/or quantity), nature and location of the collection and/or delivery address, distance from the collection address to the delivery address, facilities available for loading or unloading, weather conditions, or a change of Vehicle to be utilised or delays beyond the control of Azar Transport, delivery times or dates, or otherwise, etc.); or
  • to reflect any increases to Azar Transport in the cost of performing the carriage of the Goods, which are beyond the reasonable control of Azar Transport (including, without limitation, increases in the cost of labour, foreign exchange fluctuations, or increases in taxes or customs duties or insurance premiums or warehousing costs, etc.); or
  • for any delay over thirty (30) minutes in either loading and/or unloading (from when Azar Transport arrives at the

collection and/or delivery address), occurring other than from Azar Transport’s default.

7.3      Variations will be charged for on the basis of Azar Transport’s quotation, and will be detailed in writing, and shown as variations on Azar Transport’s invoice. The Client shall be required to respond to any variation submitted by Azar Transport within ten (10) working days. Failure to do so will entitle Azar Transport to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

7.4      Where the Price is calculated by weight, measurement or value, Azar Transport may at any time re-weigh, or re-value or re-measure, or require the Goods to be re-weighed, or re-valued or re-measured, and charge proportional additional freight accordingly.

7.5      Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by Azar Transport, which may be:

(a) on delivery of the Services; or

(b) the date specified on any invoice or other form as being the date for payment; or

(c) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by Azar Transport.

Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and Azar Transport.

7.7      The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Azar Transport nor to withhold payment of any invoice because part of that invoice is in dispute.

7.8      Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Azar Transport an amount equal to any GST Azar Transport must pay for any supply by Azar Transport under this or any other contract for the hire of the Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

7.9      Receipt by Azar Transport of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then Azar Transport’s ownership or rights in respect of the Services, and this contract, shall continue. 

8. Provision of the Services

8.1      Azar Transport retains property in the Services nonetheless all risk for the Services passes to the Client on Delivery.

8.2      Azar Transport is not a “Common Carrier” and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by Azar Transport subject only to these conditions and Azar Transport reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.

9. Access

9.1      The Client shall ensure that Azar Transport has clear and free access to the site at all times to enable them to undertake the Services. Azar Transport shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Azar Transport.

9.2      It is the responsibility of the Client to ensure that access is suitable to accept the weight of laden trucks. The Client agrees to indemnify Azar Transport against all costs incurred by Azar Transport in recovering such Vehicles in the event they become bogged or otherwise immovable.

10. Method of Transport and Route Deviation

10.1    If the Client instructs Azar Transport to use a particular method of carriage, Azar Transport will give priority to the method designated but if that method cannot conveniently be adopted by Azar Transport the Client shall be deemed to authorise Azar Transport to carry or have the Goods carried by another method(s).

10.2    The Client shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of Azar Transport be deemed reasonable or necessary in the circumstances. 

11. Method of Transport and Route Deviation

11.1    Azar Transport’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and dispatched from the Client’s premises.

11.2    The Client will be and shall remain responsible to Azar Transport for all its proper charges incurred for any reason. A charge may be made by Azar Transport in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of Azar Transport. Such permissible delay period shall commence upon Azar Transport reporting for loading or unloading. Labour to load or unload the Vehicle shall be the responsibility and expense of the Client or Consignee.

12. Dangerous Goods

12.1    Unless otherwise agreed in advance in writing with Azar Transport the Client or his authorised agent shall not tender for carriage or for storage any explosive, inflammable or otherwise Dangerous Goods. The Client shall be liable for and hereby indemnifies Azar Transport for all loss or damage whatsoever caused by any Dangerous Goods.

13. Consignment Note

13.1    It is agreed that the person delivering any Goods to Azar Transport for carriage or forwarding is authorised to sign the consignment note for the Client.

14. Client’s Responsibility

14.1    The Client expressly warrants to Azar Transport that the Client is either the owner or the authorised agent of the owner of any Goods or property that is the subject matter of this contract of cartage and/or storage and by entering into this contract the Client accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Client is acting.

14.2    It is the Client’s sole responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery.

15. Delivery

15.1    Azar Transport is authorised to deliver the Goods at the address given to Azar Transport by the Client for that purpose and it is expressly agreed that Azar Transport shall be taken to have delivered the Goods in accordance with this contract if at that address Azar Transport obtains from any person a receipt or a signed delivery docket for the Goods.

15.2    Azar Transport may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule).

Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract.

15.3    Delivery of the Goods to a third party nominated by the Client is deemed to be delivery for the purposes of this agreement.

15.4    It is the Client’s sole responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery.

15.5    The Client acknowledges and accepts that Azar Transport shall comply with the National Heavy Vehicle Accreditation Scheme and the required standards.

15.6    Any time specified by Azar Transport for the delivery of Goods is an estimate only and Azar Transport will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Azar Transport is unable to deliver the Goods as agreed solely due to any action or inaction of the Client then Azar Transport shall be entitled to charge the Client any additional costs incurred by Azar Transport as a direct consequence of any resultant delay or rescheduling of the delivery.

16. Insurance

16.1    Azar Transport will not, without the Client’s written instruction, insure the Goods, and:

  • the Goods are carried and stored at the Client’s sole risk and not at the risk of Azar Transport;
  • subject to sub-clause (c):
  • Azar Transport is under no obligation to arrange insurance of the Goods and it remains the Client’s responsibility to ensure that the Goods are insured adequately or at all;
  • under no circumstances will Azar Transport be under any liability with respect to the arranging of any such insurance and no claim will be made against Azar Transport for failure to arrange or ensure that the Goods are insured adequately or at all.
  • any such insurance is at the Client’s own expense. Where the Client’s instruction does not specify the class of insurance to be effected, Azar Transport may in its discretion effect that class of insurance which it considers appropriate. Such insurance shall exclude all claims resultant from:
  • wear, tear, moths, vermin, damp, mildew or loss of market;
  • loss, damage or expensed proximately caused by delay;
  • strikes, riots, civil commotions or malicious damage of the insured Goods;

(iv) gradual deterioration, rust or oxidisation unless due to or consequent upon fire, collision, overturning or other accident;

(v) any exclusion common to that class of insurance;

(vi) any other exclusion advised by the Client to Azar Transport, detailed in the special instructions. 

17. Loss or Damage

17.1    Subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods, Azar Transport shall not be under any liability for:

  • any delay or any loss or damage to the Goods occasioned during carriage arising from any Force Majeure or any confiscation, requisition, destruction of or damage by order of any authority, or seizure under legal process;
  • compliance with the directions of any person or lawful authority entitled to give them;
  • deterioration, contamination (including any contamination of any cargo compromising the Goods), evaporation, breakdown, wrongful delivery, misdelivery, delay in delivery or non-delivery of the Goods whenever or howsoever occurring (and whether the Goods are or have been in the possession of Azar Transport or not);
  • any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
  • any act or omission whether wilful, reckless, negligent or otherwise of Azar Transport, or its servants or agents or subcontractors;
  • any latent defect or inherent vice or natural deterioration or wastage of the Goods or packaging;
  • any act, omission or neglect of the Client, including insufficient or improper packaging, labelling or addressing, or failure to take delivery, or any handling, loading, storage or unloading of the Goods.

18. Claims

18.1    Notwithstanding clauses 16 and 17, in the event that the Client believes that they have any claim against Azar Transport then they must lodge any notice of claim for consideration and determination by Azar Transport within seven

  • days of the date of delivery, or for non-delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.

18.2    The failure to notify a claim within the time limits under clause 18.1 is evidence of satisfactory performance by Azar Transport of its obligations.

19. Title

19.1    The Vehicle is, and will at all times remain, the absolute property of Azar Transport, however the Client shall keep Azar Transport indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, or otherwise arising out of the use of the Vehicle during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.

19.2    The Client is not authorised to pledge Azar Transport’s credit for repairs to the Vehicle or to create a lien over the Vehicle in respect of any repairs.

20. Carrier’s Lien

20.1    Azar Transport shall have a right to take a particular and general lien on any Goods the property of the Client or a third party owner which are in the possession or control of Azar Transport (and any documents relating to those Goods) for all sums owed at any time by the Client or a third party owner to Azar Transport (whether those sums are due from the Client on those Goods or documents, or on any other Goods or documents), and Azar Transport shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the Client. Azar Transport shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods or cargo, from the proceeds of sale and shall render any surplus to the entitled person.

20.2    Notwithstanding clause 20.1 nothing shall prejudice Azar Transport’s rights to use any of Azar Transport’s other rights and remedies contained in this agreement to recover any outstanding charges or fees payable in respect of the Goods that were not recovered out the sale of the Goods in accordance with clause 20.1 and no exception shall be taken upon the grounds that the Price realised is less than the full market value of the Goods.

21. Personal Property Securities Act 2009 (“PPSA”)

21.1    In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

21.2    Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Services that has previously been supplied and that will be supplied in the future by Azar Transport to the Client.

21.3    The Client undertakes to:

  • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Azar Transport may reasonably require to:
  • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
  • register any other document required to be registered by the PPSA; or
  • correct a defect in a statement referred to in clause 3(a)(i) or 21.3(a)(ii);
  • indemnify, and upon demand reimburse, Azar Transport for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Services charged thereby;
  • not register a financing change statement in respect of a security interest without the prior written consent of Azar Transport;
  • not register, or permit to be registered, a financing statement or a financing change statement in relation to the

Services in favour of a third party without the prior written consent of Azar Transport.

21.4    Azar Transport and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

21.5    The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

21.6    The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

21.7    Unless otherwise agreed to in writing by Azar Transport, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

21.8    The Client must unconditionally ratify any actions taken by Azar Transport under clauses 21.3 to 21.5.

Subject to any express provisions to the contrary (including those contained in this clause 21), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

22. Security and Charge

22.1    In consideration of Azar Transport agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

22.2    The Client indemnifies Azar Transport from and against all Azar Transport’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Azar Transport’s rights under this clause.

22.3    The Client irrevocably appoints Azar Transport and each director of Azar Transport as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 22 including, but not limited to, signing any document on the Client’s behalf.

23. Cancellation

23.1    Without prejudice to any other remedies Azar Transport may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Azar Transport may suspend or terminate the supply of Services/Vehicle on hire to the Client. Azar Transport will not be liable to the Client for any loss or damage the Client suffers because Azar Transport has exercised its rights under this clause.

23.2    Azar Transport may cancel these terms and conditions or cancel delivery of Services at any time before the Services is delivered by giving written notice to the Client. On giving such notice Azar Transport shall repay to the Client any sums paid in respect of the Price. Azar Transport shall not be liable for any loss or damage whatsoever arising from such cancellation.

23.3    In the event that the Client cancels delivery of the Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by Azar Transport as a direct result of the cancellation (including, but not limited to, any loss of profits). 

24. Cancellation

24.1    Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of nine percent (9%) per calendar month (and at Azar Transport’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

24.2    If the Client owes Azar Transport any money the Client shall indemnify Azar Transport from and against all costs and disbursements incurred by Azar Transport in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Azar Transport’s contract default fee, and bank dishonour fees).

24.3    Further to any other rights or remedies Azar Transport may have under this contract, if the Client has made payment to Azar Transport, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Azar Transport under this clause 24 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.

24.4    Without prejudice to Azar Transport’s other remedies at law Azar Transport shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to Azar Transport shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Azar Transport becomes overdue, or in Azar Transport’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client has exceeded any applicable credit limit provided by Azar Transport;

(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

25. Privacy Act 1988

25.1    The Client agrees for Azar Transport to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Azar Transport.

25.2    The Client agrees that Azar Transport may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c)  to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

  • to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

25.3 The Client consents to Azar Transport being given a consumer credit report to collect overdue payment on commercial credit.

25.4 The Client agrees that personal credit information provided may be used and retained by Azar Transport for the following purposes (and for other agreed purposes or required by):

  • the provision of Services; and/or
  • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of

Services; and/or

  • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
  • enabling the collection of amounts outstanding in relation to the Services.

25.5    Azar Transport may give information about the Client to a CRB for the following purposes:

  • to obtain a consumer credit report;
  • allow the CRB to create or maintain a credit information file about the Client including credit history.

25.6    The information given to the CRB may include:

  • personal information as outlined in 1 above;
  • name of the credit provider and that Azar Transport is a current credit provider to the Client;
  • whether the credit provider is a licensee;
  • type of consumer credit;
  • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
  • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Azar Transport has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
  • information that, in the opinion of Azar Transport, the Client has committed a serious credit infringement;
  • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

25.7    The Client shall have the right to request (by e-mail) from Azar Transport:

  • a copy of the information about the Client retained by Azar Transport and the right to request that Azar Transport correct any incorrect information; and
  • that Azar Transport does not disclose any personal information about the Client for the purpose of direct marketing.

25.8   Azar Transport will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.

25.9  The Client can make a privacy complaint by contacting Azar Transport via e-mail. Azar Transport will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

26. Notices

26.1    Any written notice given under this contract shall be delivered by handing the notice to the other party, in person, leaving it at the address of the other party as stated in this contract, or by sending it by registered post to the address of the other party as stated in this contract.

26.2    Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post the notice would have been delivered.

27. Limitation of Liability

27.1    Subject to clause 2, it is a condition of this contract that Azar Transport shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including damages, inconvenience, loss of income/revenue, profit, goodwill or anticipated savings, or any rectification costs), or any third party claims, suffered by the Client in connection with the hire, possession or use of the Vehicle, or arising out of any act, omission, default or delay (whether negligent or not), or any breakdown of the Vehicle (whether caused by fair wear and tear, lack of repair or negligence on the part of Azar Transport, or any other reason whatsoever). Alternatively, Azar Transport’s liability shall be limited to damages which under no circumstances shall exceed the Price.

28. General

28.1        The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which Azar Transport has its principal place of business, and are subject to the jurisdiction of the courts in that state.

28.3    Azar Transport may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.

28.4    The Client cannot assign or licence without the written approval of Azar Transport.

28.5    Azar Transport may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Azar Transport’s sub-contractors without the authority of Azar Transport.

28.6    The Client agrees that Azar Transport may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Azar Transport to provide Services on hire to the Client.

28.7    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

28.8    Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.