Last updated on: 16th May, 2023
Please ensure that you have read and understood these Terms and Conditions before booking your Service.
Definitions
The Company shall mean Freight Save (ABN 69930394361) carrying out business in its registered trading name, it’s employees, officers, servants, agents, subsidiaries/associated entities and Subcontractors.
The Customer shall mean the sender or person with whom this contract is made for whom the Services are performed.
Subcontractor shall mean any other person, firm or company (other than the Company) with whom the Company may arrange to undertake, arrange or perform Services.
Services shall mean the arranging of carriage, customs clearance, packing, handling, movement, transport, warehousing and storage of Goods including the advice and information provided in connection with Services.
Goods shall mean the articles or things tendered for services by the Customer together with any container, packaging or pallets supplied by the Customer.
Dangerous Goods shall mean any Goods that are or shall become corrosive, dangerous, explosive, hazardous, inflammable, noxious, offensive, radioactive, or in any way capable of causing damage to other Goods, persons, plants or animals or to any other thing including that in which the Goods are transported, handled or stored.
Perishable Goods shall mean Goods that are likely to deteriorate in quality and value which includes but is not limited to meats and dairy products, fruits, vegetables and other high risk food items.
Livestock shall mean any animals or creature kept for domestic purposes or for the production of food, wool, skins or fur or for the purpose of its use in farming or the carrying out of any other agricultural activity.
Valuables shall mean antiques, bullion, coins, fine art, jewellery and precious stones.
1. Not a common carrier
Freight Save is not a common carrier and accepts no liability as such. Services are arranged or performed by Freight Save subject only to these conditions of contract which constitute the entire agreement between Freight Save and the Customer. At its sole discretion, Freight Save reserves the right to refuse the carriage of goods for any Customer or Service whether before, during or after the Service has commenced and also reserves the right to open and inspect all Goods carried at the Customer’s own expense.
2. Subcontracting
In accordance with the terms and conditions in this contract, Freight Save and the Customer agree and the Customer authorises Freight Save as an agent for the Customer to contract either in its own name or in the Customer’s name with any Subcontractor and employs and authorises the Subcontractor to subcontract with any other Subcontractor for the Service either performed, or arranged by Freight Save pursuant to this contract. Freight Save shall be entitled to the full benefits of privileges, rights and immunities available to any Subcontractor under such contract or applicable law in respect to the Services provided. Subcontractor’s terms are available to the Customer from Freight Save on written request.
3. About the Website
(a) Welcome to www.freightsave.com.au. The Website is operated by Freight Save (ABN 69930394361). Access to and use of the Website, or any of its associated Services, is provided by Freight Save. Please read these terms and conditions (the ‘Terms’) carefully.
(b) Freight Save reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Freight Save updates the Terms, it will publish the most recent version on its Website with the date indicated. Any changes to the Terms take immediate effect from the date of their publication.
4. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you.
5. Your obligations as a Customer
(a) It is the Customer’s responsibility for;
(i) placing orders with Freight Save either via the Website or through the member portal;
(ii) providing an accurate and correct description of the Goods;
(iii) allocating the Subcontractor to perform the Service/s;
(iv) providing the correct full street addresses for both pickup and delivery locations and advising of the correct telephone number of the receiver of the Goods at the place of delivery. Full street addresses are required at the time of the booking as Subcontractors are unable to deliver to PO Boxes;
(v) ensuring that all details are correctly completed and displayed on the correct Goods. No claim can be made if the Goods are sent and the details were incorrect or placed on the wrong Goods. It is not the Subcontractor’s responsibility to check if these details are correct so please ensure the sender understands that this is their responsibility to check the information on shipping labels, how they are attached and that they are correct before the Goods are released to the Subcontractor. Freight Save will not be held responsible for any wrong information that may have been entered, any delay this may cause or additional fees incurred;
(vi) ensuring the Goods booked by the Customer are available for collection by the Subcontractor at the booked place and time for collection. In most cases Freight Save does not come into direct contact with the Goods but arranges for their collection through Services provided by Subcontractors. Please ensure the correct Goods are given to the correct agent that you have chosen at the time of booking the Service;
(vii) ensuring the Goods are received by a person at the delivery address. It is the Customer’s responsibility to ensure that there is someone available at the delivery address at the time of delivery. To minimise issues, Freight Save recommends you direct all deliveries to business or occupied addresses. Unless indicated at time of booking, Authority to Leave the Goods is at the Subcontractors’ discretion and redelivery fees may apply;
(vii) tracking of all Services and in the event of Goods being returned to contact Freight Save immediately. If the Goods have been returned it may not be re shipped free of charge as delivery has been attempted and its return completes the agreed contract under the Terms;
(viii) ensuring that shipping labels provided at time of booking are printed clearly and well secured to correct Goods in a manner that is in a clearly externally visible position;
(ix) ensuring that the Goods contain no fragile items, that packaging is safely able to withstand a short drop and the normal rigours of carriage and handling. Detailed Packing Guidelines are available on the Website;
(x) the costs of and/or arranging for the loading and/or unloading of the Goods on and from the transportation vehicle;
(xi) providing suitable and adequate equipment and facilities for the loading and unloading the Goods from the transportation vehicle. It is also the Customer’s responsibility that the Goods are suitable for carriage in the vehicle;
(xii) payment of any expenses incurred by Freight Save in such event that there is a delay in the loading or unloading of the Goods by reason other than the default of Freight Save;
(xiii) all additional fees and charges occurring as a result of the Service, including but not limited to residential address collection/delivery locations, futile collections, redelivery, overweight Goods, driver wait time and remote collection and/or delivery. Additional fees also include Goods returned as a result of the Customer failing to comply with the obligations outlined above;
(xiv) payment of costs incurred by Freight Save as a result of Freight Save cancelling the Service as a result of the Customer’s failure to comply with the Terms of this contract.
(b) The Customer warrants that they are the owner of the Goods or otherwise has authority of the owner to consign the Goods upon and subject to these Terms and that the Goods comply with the requirement of the applicable law relating to the consigning and packaging of the Goods and the fees and charges of the Subcontractor associated with complying with the provisions of the law or with any other requirement of an authority or company be paid for by the Customer.
(c) As a Customer, you agree to comply that following:
(i) you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address where these have been issued to you. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Freight Save of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Freight Save providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Freight Save;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use.
6. Registration to use the Services
(a) Frequent users of Freight Save’s Services are welcome to register with us and become a Freight Save member. Members will be eligible for further discounted freight rates which will be stated in the quote price. Member discounts are calculated individually and are assessed by freight profiles including volumes, locations and frequency.
(b) In order to access the further discounted Services, you must first register for an account by contacting Freight Save.
(c) As part of the registration process, or as part of your use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Name;
(ii) Telephone number;
(iii) Residential, business and/or mailing addresses;
(iv) Email address;
(v) Credit card/debit card details.
(d) You warrant that any information you give to Freight Save in the course of completing the registration process will always be accurate, correct and up to date.
(e) Once you have completed the registration process, you will be a registered member of Freight Save and agree to be bound by the Terms.
(f) You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Freight Save.
(g) All Freight Save new member account application and setup forms are sent to new members in editable PDF format. New members have the option to complete and submit account setup forms using the built in PDF filler option where the new member representative has no access to a printer and/or scanner to manually complete and sign the documents. All account setup forms completed and submitted using the editable PDF name, company details and signature fields entered will be considered legal documents for Agreement purposes. All editable PDF documents completed and submitted electronically must be received from the authorised company representative’s own identifiable email address which identifies the name and company of the authorised company representative submitting forms.
7. Collection and delivery
(a) Freight Save is authorised to arrange collection and delivery of the Goods in accordance with the Customer’s booking.
(b) The Subcontractor may charge Goods by weight, measurement or value and may at any time re-weigh or re-measure or re-value or require the Goods to be re-weighed, re-measured or re-valued and charge proportional freight as necessary. The Subcontractor will then charge the additional fees to Freight Save which will be then charged to the original payee (the Customer) as originally consented any additional fees incurred associated with the Service plus a $25 administration fee.
(c) The Subcontractor is authorised to deliver the Goods at the address given to Freight Save by the Customer for that purpose. It is expressly agreed that the Subcontractor shall be taken to have delivered the Goods in accordance with this contract if at that address it obtains from any person a receipt or signed delivery docket for the Goods or signature on its consignment note from any person at that address.
(d) If the nominated place of delivery should be unattended or if delivery cannot be otherwise carried out by the Subcontractor, the Subcontractor may at its discretion deposit the Goods at that place and this deposit shall be conclusively presumed to be due delivery. If a delivery is not instructed to authorise to leave, the Subcontractor does not exercise its discretion to leave the Goods and there is no one at the premises at the point of delivery, redelivery charges may apply plus a $25 administration fee. Authority to Leave (ATL), whether indicated at time of booking or at the Subcontractor’s discretion is done so at the Customer’s own risk. Freight Save is not liable for Goods once left if ATL is instructed or performed.
(e) Alternatively, the Subcontractor may store the Goods and if the Goods are stored the Customer shall pay or indemnity Freight Save for all costs and expenses incurred in or about such storage plus a $25 administration fee.
(f) Estimated delivery dates specified or any other Service estimates are estimates only and Freight Save shall not be liable for failure to complete carriage or any other Service on such date/s.
(g) Services to and from interstate, remote areas nationally and international Services may be subject to delays. Please check these locations with us prior to booking for advised transit times.
8. Dangerous goods, perishable goods, valuables and livestock.
(a) If in doubt please check with Freight Save prior to booking that any items included in the Service/consignment are not prohibited or restricted. Items that are strictly prohibited are listed as such on Freight Save’s Website and cannot be sent through our services.
(b) Restricted items may be subject to non-collection, delay or return. If a restricted item is collected for shipment and then later returned, no refund will be given and return charges will be applicable plus a $25 administration fee.
(c) Except as agreed in writing, Freight Save will not accept Valuables, Dangerous goods, Perishable goods, Livestock or plants for Services arranged or performed by Freight Save. Should the Customer cause Freight Save to handle or deal with any such Goods otherwise than as agreed in writing, the Customer shall be liable for any loss, damage or cost whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify Freight Save from and against all penalties, taxes, duties, claims, demands, damages, costs and expenses arising in connection and be liable for all costs associated with such event.
(d) Any such Goods may be destroyed in the sole and absolute discretion of Freight Save, Subcontractors or any other person in whose custody they may be at the relevant time. In the event that the Goods are destroyed or otherwise dealt with, Freight Save shall bear no liability and the Customer shall indemnify Freight Save from and against all associated costs and expenses.
(e) The Customer undertakes that any of the Goods referred to above (including their covering, packaging, containers and other carriage devices) shall be distinctly marked having regard to their nature. The Customer further undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of any Service having regard to their nature and in compliance with all laws and regulations which may be applicable with respect to any Service. The Customer shall indemnify Freight Save against all claims, losses, damages or expenses arising in consequence of any breach of this provision.
(f) The Customer’s compliance with the above in no way reduces or limits those rights afforded to Freight Save under these Terms.
(g) Goods sent through Freight Save’s services remain at the risk, at all times of the Customer. Freight Save shall not be responsible for any Goods, nor the consequences of any loss or damage including the deterioration of goods, mis-delivery or failure to deliver or delay in the delivery of goods including perishable, chilled, frozen or refrigerated either in transit or storage for any reason. Perishable goods or any goods that are likely to deteriorate in nature or quality are only to be sent through the Service after written authorisation from Freight Save.
9. Storage
The Goods may at any time be stored, warehoused or otherwise held at any place or at any time be removed from any place at which they may be stored, warehoused or otherwise held to any other place to be stored, warehoused or otherwise held at the sole discretion of Freight Save or its Subcontractors. In either case, whether storage is incidental or the primary Service provided by Freight Save, it will be provided at the Customer’s risk and expense as a primary charge(s) or a charge(s) incidental to or in connection with the carriage of the Goods or any Service under these Terms.
10. Payment, fees and charges
(a) All transactions are processed in AUD (Australian Dollars).
(b) Freight Save can only accept online bookings for Services from Customers that are the credit card or account holder or an authorised representative of the account holder.
(c) All payments for bookings via Freight Save’s Website are due for payment immediately. Booking for the Service will not be processed until payment has been processed.
(d) Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at Freight Save’s discretion.
(e) The Customer shall pay Freight Save for all fees rendered and any charges it incurs for any reason in respect of the Services performed. This includes the payment of fees/charges which Freight Save is advised or agrees will be paid by a third party which then fails to so pay. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the Customer’s premises, otherwise delivered by the Customer to Freight Save or Subcontractor or on receipt of Freight Save’s invoice whichever occurs first and shall be immediately payable and non-refundable.
(f) The Customer agrees that it shall not defer or withhold payment or deduct any amount from the account of Freight Save by reason of any claim it alleges against Freight Save.
(g) Please note that Freight Save’s automated system books and charges for the delivery of the Service only. Freight Save’s pricing includes GST, fuel levy’s and other surcharges applicable to the Service if all specifications and details for the booking are entered correctly. It is important that all details are entered accurately at the time of booking the Service to avoid other fees and surcharges. If the Goods have to be returned or incur additional fees and charges as set out below then a separate charge will be applied and Freight Save holds the rights to debit the credit card or charge the account used for booking the Service for the amount owing for the applicable additional fees and charges.
(h) The Customer agrees to the additional fees, charges and surcharges set out on the Website being charged pursuant to the applicable payment method (via either credit card or credit account) from the time the event which gives rise to the costs referred below occurs. Any fee or surcharge incurred after the Service is booked, will be charged a $25 administration fee plus any additional fee/s imposed. A complete list of additional fees, charges and surcharges is available on the Website under the Support menu. Customers should read through these prior to booking the Service. Customers unable to access this list should contact Freight Save directly for alternate access to this information.
Dangerous Goods and Prohibited items are not accepted by Freight Save. Please note that there are heavy fines and strict penalties for sending Dangerous Goods. Refer to Freight Save’s Packing Guidelines on the Website for more information.
(i) All charges shall be deemed to have been earned when the Subcontractor takes possession of the Goods for carriage and under no circumstances shall any charges be refunded, discounted or abated notwithstanding that the Goods may not be delivered or that they are delivered in a damaged condition.
Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(i) Electronic funds transfer (‘EFT ‘) into Freight Save’s nominated bank account
(ii) Credit/debit Card Payment (‘Credit Card’).
(j) For Freight Save Customers booking Services via the Website, payment is due prior to booking the Service and payment is via credit card. For Freight Save members with a trade account, payments are due within the account terms unless specified otherwise. A late payment administration fee of $25 will be applied for overdue payments and Freight Save reserves the right to suspend accounts until payments are received or to cancel accounts as a result of continued failure to pay. Overdue invoices will be charged the $25 late payment fee plus $25 for each week the invoice remains overdue. Overdue accounts may be referred to a debt recovery agency at the sole discretion of Freight Save and any costs incurred by Freight Save as a result of any debt recovery shall be payable by the customer at the time the debt is recovered for the full amount of the cost of recovering the debt in addition to the sum of all outstanding amounts owing.
(k) All credit card payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
11. Lien
Freight Save shall have a particular and general lien on the Goods of the Customer and any documents relating for all sums payable by the Customer to Freight Save. The Customer agrees that these Terms constitute a security agreement for the purpose of the Personal Properties Security Act (2009)(“PPSA”) and create a security interest in all Goods and documents relating thereto of the Customer to the extent that Freight Save and the Customer agree by way of this contract that Freight Save has the right to:
(i) exercise a general lien over all Goods and documents of the Customer in respect of any moneys owed by the Customer to Freight Save and
(ii) sell the Goods or a portion thereof and direct the proceeds of sale to payment to Freight Save of moneys owed and remit any balance remaining (if such exists) to the Customer provided that Freight Save will notify the Customer and all other relevant persons of its intention to sell the Goods in accordance with the requirements of mandatorily applicable legislation. If no such legislation applies, Freight Save will exercise its right to sell the Goods or a portion thereof after a period of 7 days from the date which Freight Save notifies the Customer that it is exercising its rights of sale.
12. Insurance and warranty
The Customer should seek their own insurance cover. No insurance or warranty cover will be arranged by Freight Save on the Customer’s behalf except on express instructions in writing by the Customer and only if Freight Save is licensed to do so pursuant to applicable Australian regulations and agrees to do so in writing. Any such insurance will be subject to the usual exceptions and conditions of policies of the insurance company or underwriters. Freight Save shall not be under any obligation to effect separate insurance on each consignment. Should any insurers dispute liability for any reason, the Customer as the insured shall have no recourse against Freight Save whatsoever and any recourse by the Customer shall be against the insurer.
13. Refund Policy
(a) Times and dates specified for collection, delivery and completion in respect of any of the Services are estimates only and Freight Save shall not be liable nor any refunds given for failure to complete any of the Services within or on such times or dates so specified.
(b) Freight Save is only able to deliver to a full street address. Deliveries are unable to be made to a PO Box. If Goods have to be returned for this reason, no refund will be given.
(c) Freight Save provides a tracking service on its Website which discloses information provided by the Subcontractors. Freight Save does not guarantee the performance or accuracy of this service or the information disclosed and shall not be liable for any loss and/or damage whatsoever nor any refunds will be given for any failure/inaccuracy in respect thereof.
(d) If Freight Save cannot provide the Service to The Customer as paid for, Freight Save will provide a full refund. If the Customer requires a cancellation of the Service as paid for prior to collection (or attempted collection) Freight Save will provide a refund of the Services paid for less a $25 administration fee. No refunds will be provided for bookings for Services that have been
allocated for collection by the Subcontractor.
(e) Freight Save will only provide a refund for the Services in the event they are unable to continue to provide the Service/s or if the management of Freight Save make a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
14. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Freight Save are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Freight Save or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Freight Save, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a customer to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Freight Save does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Freight Save.
(c) Freight Save retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Freight Save and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
15. Privacy
Freight Save takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Freight Save’s Privacy Policy, which is available on the Website.
16. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
17. Limitation of liability
(a) Freight Save’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or any amounts owing under an approved warranty claim.
(b) You expressly understand and agree that Freight Save, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability in excess of an approved warranty claim. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible losses.
(c) You expressly understand and agree that Freight Save shall not, in any circumstances be liable for any loss or damages arising from any Service/s in respect of the Goods whilst not in its possession or direct, indirect or consequential loss or damage arising from the Services performed in respect of the Goods excluding approved warranty claims. The rights, immunities, defences and limits provided for in these Terms shall apply in any action against Freight Save for losses or damages whether the action be found in contract, tort or otherwise.
(d) You expressly understand and agree Freight Save shall not be liable for any losses or damages suffered by the Customer or any other person as a result of a failure or inability of Freight Save or Freight Save’s Subcontractor/s to collect or receive payments or Goods from any consignees including their agents whether caused by the negligence of the Company’s servants, agents, employees or Subcontractor/s.
(e) In the event liability is unable to be excluded by this contract because of mandatory applicable statute, convention or law, the liability of Freight Save is limited to the lesser of AUD$100 or the value of the Goods the subject of this contract at the time the Goods were consigned as Services to be provided by Freight Save.
(f) In circumstances that liability cannot be limited due to the breach of any condition or warranty or under any other mandatorily applicable law or otherwise, the liability of Freight Save is limited to either of the following as determined by the Company at its own discretion;
(i) Supplying the Service/s again, or
(ii) Providing payment for the cost of having the Service/s supplied again.
18. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Freight Save as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Freight Save with 7 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the Services which you use, where Freight Save has made this option available to you.
Your notice should be sent, in writing, to Freight Save via the ‘Contact Us’ link on our homepage.
(c) Freight Save may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Freight Save is required to do so by law;
(iii) the provision of the Services to you by Freight Save is, in the opinion of Freight Save, no longer commercially viable.
(d) Subject to local applicable laws, Freight Save reserves the right to discontinue provision of Services to you or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Freight Save’s name or reputation or violates the rights of those of another party.
19. Indemnity
(a) You agree to indemnify Freight Save, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Service.
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
(b) Without limiting the generality of the foregoing, the Customer shall remain responsible to Freight Save for all charges paid by Freight Save to any of its agents, Subcontractors or any other party or authority in relation to the Service.
20. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his/her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in a mutually agreed location.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The team at Freight Save aim to provide the best possible service to our Customers but if you have a complaint please do not hesitate to lodge your complaint on our Website or by calling 1300 696 001.
21. Venue and Jurisdiction
The Services offered by Freight Save is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
22. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. Should Freight Save elect not to exercise any of its rights under this contract, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by the Customer.
(b) Where Freight Save is unable to carry out any obligation under the contract or any loss or damage is caused to the Goods or otherwise due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) or its exercise of reasonable care, Freight Save shall be excused and released from such obligations or liability.