Terms and Conditions of Carriage
1. Introduction
These Terms and Conditions (“Terms”) govern the services provided by NELTECH SOLUTIONS PTY LTD, trading as Nelway Couriers (“we,” “us,” “our”). By using our services, you (“the customer,” “you,” “your”) agree to these Terms. Please read them carefully as they outline your rights and responsibilities and our obligations.
2. Application of Conditions
2.1 These Terms apply to all services provided by NELTECH SOLUTIONS PTY LTD, trading as Nelway Couriers, including but not limited to the carriage, storage, loading, unloading, packing, and unpacking of goods (“Services”).
2.2 Any terms and conditions provided by the customer, including those on purchase orders or service agreements, are not binding on NELTECH SOLUTIONS PTY LTD unless agreed to in writing by an authorized officer of NELTECH SOLUTIONS PTY LTD.
2.3 These Terms will continue to apply even if there is any breach of contract by NELTECH SOLUTIONS PTY LTD or any party entitled to the benefit of these provisions.
3. Not a Common Carrier
3.1 NELTECH SOLUTIONS PTY LTD is not a common carrier and accepts no liability as such. We reserve the right to refuse the carriage or transport of goods for any person or corporation, and the carriage or transport of any class of goods is at our absolute discretion.
4. Warranties and Undertakings
4.1 The customer warrants that:
- 4.1.1 They have complied with all applicable laws and regulations regarding the nature, condition, packaging, or carriage of the goods, including but not limited to the Australian Code for the Transport of Dangerous Goods by Road and Rail.
- 4.1.2 The goods are accurately described on the consignment note or in NELTECH SOLUTIONS PTY LTD’s electronic gateway.
- 4.1.3 They are either the owner of the goods or the authorized agent of the owner and enter into this contract on their own behalf and/or as an authorized agent.
- 4.1.4 They authorize NELTECH SOLUTIONS PTY LTD to handle the goods on an “Authority to Leave” (ATL) basis unless otherwise agreed in writing.
- 4.1.5 They will notify NELTECH SOLUTIONS PTY LTD of any shipment with a value exceeding AUD $1,000 prior to dispatch. Any shipment valued over AUD $1,000 is not covered by our standard insurance.
4.2 The customer indemnifies NELTECH SOLUTIONS PTY LTD against any expenses, charges, or losses incurred due to a breach of these warranties, including any claims by third parties.
4.3 NELTECH SOLUTIONS PTY LTD reserves the right to refuse to carry non-compliant goods and may impose additional fees for the handling of dangerous or non-compliant goods.
5. Performance of Services
5.1 NELTECH SOLUTIONS PTY LTD reserves the right to determine the method of undertaking the Services and to deviate from the usual route of carriage at its sole discretion.
5.2 The customer authorizes any necessary deviation from the usual route of carriage.
6. Delivery
6.1 NELTECH SOLUTIONS PTY LTD will use reasonable endeavors to deliver the goods as specified by the customer but is not bound to deliver except to the consignee shown on the consignment note or as otherwise authorized in writing by the customer.
6.2 If NELTECH SOLUTIONS PTY LTD is unable to deliver the goods for any reason (including the failure of the receiver to take delivery), we may handle and store the goods at the customer’s risk and charge reasonable fees for such handling and storage.
6.3 All goods are handled on an ATL basis unless otherwise agreed. If a receiver is not available to accept delivery, NELTECH SOLUTIONS PTY LTD is authorized to leave the goods in a safe place or provide instructions for redelivery. NELTECH SOLUTIONS PTY LTD is not liable for any loss or damage to goods left under ATL conditions.
6.4 For any redelivery required due to the receiver not being available to provide a signature when it was explicitly required, additional charges will apply.
7. Responsibility for Charges
7.1 Charges for freight, fuel surcharge, insurance, and other services are earned once the goods are picked up, regardless of delivery status. The customer must pay all charges based on the tax invoice issued by NELTECH SOLUTIONS PTY LTD.
7.2 The customer is responsible for all customs duties, excise duties, fines, or penalties related to the goods and must indemnify NELTECH SOLUTIONS PTY LTD for any related charges.
7.3 It is the customer’s responsibility to ensure that their goods comply with NELTECH SOLUTIONS PTY LTD’s freight profile. Goods outside the profile may be refused, subject to additional charges and potential delays.
7.4 Additional fees apply for incorrect service codes, duplicate labels, inaccurate consignment data, incomplete consignments, returns to sender, and redirection of consignments.
7.5 The customer agrees to pay any administration, handling, and merchant fees associated with the management of their account, including fees for credit or charge card payments.
7.6 If payment is to be collected from a third party and is not received, the customer remains responsible for payment.
7.7 On overdue accounts, NELTECH SOLUTIONS PTY LTD may charge interest at 4% above the base rate of our bank. The customer agrees to cover all costs, expenses, and charges associated with recovering overdue amounts, including legal and agent fees.
8. Carrier’s Liability
8.1 The goods are at the customer’s risk at all times. NELTECH SOLUTIONS PTY LTD is not liable for any loss, damage, failure to deliver, delay, or misdelivery, except as provided in these Terms.
8.2 NELTECH SOLUTIONS PTY LTD is not liable for indirect or consequential losses, including financial loss, loss of market, or loss of business.
8.3 If liability is found to attach to NELTECH SOLUTIONS PTY LTD, it is limited to the lesser of:
- 8.3.1 Supplying the services again;
- 8.3.2 Paying the cost of supplying the services again; or
- 8.3.3 AUD $100.
8.4 NELTECH SOLUTIONS PTY LTD’s liability is strictly limited to the value of the goods or AUD $1,000, whichever is lower.
8.5 NELTECH SOLUTIONS PTY LTD does not exclude or limit the application of any laws, including the Competition and Consumer Act 2010 (Cth), where to do so would contravene those laws.
9. Insurance and Parcel Protection
9.1 The customer is responsible for insuring their goods.
9.2 NELTECH SOLUTIONS PTY LTD offers standard insurance up to AUD $1,000 per shipment. Shipments valued over AUD $1,000 are not covered by this insurance. This coverage is conditional upon compliance with these Terms, including proper packaging and timely notification of claims.
9.3 All claims for loss or damage must be made through the third party if the booking was made via a third-party agency.
10. Notice of Loss and Time Bar
10.1 Any claim for loss or damage must be notified in writing to NELTECH SOLUTIONS PTY LTD within 24 hours of delivery or the date by which the goods should have been delivered, whichever is earlier.
10.2 NELTECH SOLUTIONS PTY LTD is discharged from all liability unless suit is brought within 30 days of the provision of services or delivery of the goods.
11. Lien
11.1 NELTECH SOLUTIONS PTY LTD has a general and particular lien over the goods and any other property of the customer in our possession for unpaid charges. We may sell the goods to recover unpaid charges after giving 21 days’ notice to the customer.
12. Dangerous Goods and Unacceptable Goods
12.1 The customer must not tender for carriage any dangerous or damaging goods without full disclosure. The customer is liable for any loss or damage caused by such goods.
12.2 NELTECH SOLUTIONS PTY LTD may destroy or dispose of dangerous goods without compensation to the customer if they pose a risk.
12.3 NELTECH SOLUTIONS PTY LTD does not carry arms, ammunition, or high-value items unless agreed in writing.
13. Subcontractors
13.1 NELTECH SOLUTIONS PTY LTD may subcontract any part of the Services, and all subcontractors are protected by these Terms.
13.2 The customer agrees not to make any claims against subcontractors and indemnifies NELTECH SOLUTIONS PTY LTD against any consequences of such claims.
14. Goods and Services Tax (GST)
14.1 All fees are exclusive of GST, and customers must pay GST on any taxable supplies under this contract.
15. Consumers and Small Business Contracts
15.1 If the customer is a consumer or if these Terms qualify as a Small Business Contract under the Competition and Consumer Act 2010 (Cth):
15.1.1 The customer is not required to indemnify NELTECH SOLUTIONS PTY LTD for losses directly caused by gross negligence, unlawful, or willful misconduct by NELTECH SOLUTIONS PTY LTD or its employees, agents, or subcontractors.
- 15.1.2 NELTECH SOLUTIONS PTY LTD’s liability is not excluded where loss or damage is directly caused by gross negligence, unlawful, or willful misconduct.
- 15.1.3 NELTECH SOLUTIONS PTY LTD will not be liable for consequential or indirect losses unless they had actual knowledge that such loss might be incurred.
- 15.1.4 NELTECH SOLUTIONS PTY LTD’s liability is limited to the lesser of the actual loss suffered by the customer or the value of the goods at the time the goods were received by NELTECH SOLUTIONS PTY LTD.
- 15.1.5 NELTECH SOLUTIONS PTY LTD may only exercise its right of lien and sale over goods after providing 21 days’ notice in writing to the customer.
16. Law and Jurisdiction
16.1 These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
17. Privacy
17.1 NELTECH SOLUTIONS PTY LTD will collect, use, and disclose personal information in accordance with our Privacy Policy, as amended from time to time. The Privacy Policy is available on our website.
18. Severability
18.1 If any provision of these Terms is found to be void, voidable, unenforceable, invalid, or illegal and would not be so if a word or words were omitted, then that word or those words are severed, and the remainder of the Terms will continue in full force and effect.
19. Authority to Leave (ATL)
19.1 All consignments handled by NELTECH SOLUTIONS PTY LTD are considered to have “Authority to Leave” (ATL) unless specifically agreed otherwise in writing.
19.2 If the receiver is not available at the delivery location and a signature is required, additional charges will apply for redelivery.
19.3 NELTECH SOLUTIONS PTY LTD will not be held responsible for any loss or damage to goods left under ATL conditions if the parcel is stolen or damaged after delivery.
20. Same-Day Delivery Delays
20.1 While NELTECH SOLUTIONS PTY LTD strives to ensure same-day delivery where requested, delays may occur due to unforeseen circumstances such as traffic, weather conditions, or other factors beyond our control.
20.2 The customer agrees to accept that such delays do not constitute a breach of these Terms, and NELTECH SOLUTIONS PTY LTD will not be liable for any loss or damage resulting from such delays.
21. Insurance Claim Conditions
21.1 Insurance claims are only valid if the loss or damage occurred while the goods were in the custody and control of NELTECH SOLUTIONS PTY LTD and were not due to any act or omission by the customer, including improper packaging or provision of incorrect information.
21.2 Claims must be submitted within 24 hours of delivery or the expected delivery date. Claims made after this period will not be accepted.
21.3 NELTECH SOLUTIONS PTY LTD’s insurance covers up to AUD $1,000 per shipment. Goods valued over AUD $1,000 are not covered by our insurance policy.
21.4 Claims will not be accepted if the loss or damage is due to third-party theft, such as if a courier vehicle is stolen.
22. Additional Clauses for Specific Services
22.1 Standard Delivery (Melbourne Metro):
- Maximum of 4 items per order.
- Maximum weight is 25kg per order (combined weight of all items).
- Volumetric weight calculation may apply for larger items.
22.2 Dedicated Driver Service (Australia-wide):
- A driver is allocated to a specific customer for a full day at a set rate.
- The daily rate is subject to a minimum charge of AUD $440 including GST.
- If the actual cost exceeds the minimum charge, the minimum charge will not apply.
- The service includes a kilometer limit; additional kilometers will incur extra charges.
- Drivers can only lift items up to 25kg. Items exceeding this weight require mechanical lifting support.
22.3 Point2Point (Australia-wide):
- Charges are calculated based on the weight, size, and distance of the item being transported. Additional factors, such as delivery time, service level, and special handling requirements, may also affect pricing. A minimum charge applies to all shipments.