Terms and Conditions

1. INTRODUCTION
(a) These terms and conditions apply to any services provided by Marris Transport Pty Ltd (ACN 142 564010) trading as LA Car Carriers (“us”, “we”, “our”) to any person who engages us (“you or your”).
(b) Other defined terms are set out in clause 19.
(c) By engaging us to provide services to you, you agree to be bound by these terms and conditions.

2. NOT A COMMON CARRIER
(a) We are not a common carrier.
(b) We reserve the right to refuse to provide the Services to you at any time without providing any reason for such refusal.

3. PAYMENT
(a) We will charge you the Fees and Charges set out in a quote.
(b) You must pay our Fees and Charges:
(i) If you do not currently have a credit agreement with us, then prior to the Services being provided; or
(ii) If you have a current credit agreement with us, then within 14 days of the date of any invoice issued by us, unless otherwise agreed.
(c) In addition to the Fees and Charges, you must reimburse us for any Costs that we incur associated with providing the Services within 14 days of us providing notice to you of those Costs.
(d) If you do not pay our Fees and Charges in accordance with clause 4(b) or our Costs in accordance with clause 4(c), you will be charged interest on any outstanding amounts at the rate of 8% per annum.

4. SUBCONTRACTORS
We may engage subcontractors to perform the Services.

5. CONSIGNMENT NOTE
(a) We may record the condition of the Vehicle upon receipt or collection of the Vehicle from you, or upon completion of the Services, in a consignment note.
(b) You accept the consignment note as prima facie evidence of the condition of the Vehicle prior to performance of, and after completion of, the Services.

6. WARRANTIES AND INDEMNITY
(a) You agree and warrant that:

1. Any information that you have provided or will provide is true, accurate and complete;
2. The Vehicle:
   1. can be driven and transported safely;
   2. has working brakes;
   3. has no loose windows or panels;
   4. has at least one quarter of a tank of the appropriate fuel for that Vehicle; and
   5. has a minimum ground clearance of 15 cm.
3. You are the legal owner, or an authorised agent of the legal owner, of the Vehicle, and you accept these terms and conditions on behalf of yourself and for any other person having any interest in the Vehicle.
4. You have removed all personal items from the Vehicle, with the exception of a child restraint seat (but not a booster seat) which is properly affixed to the interior of the Vehicle in accordance with any applicable legislation, regulation or standards.
5. The Vehicle does not contain any volatile or explosive goods, or any goods that are or may become dangerous, flammable or offensive or which may cause harm or damage to any person or property (other than the appropriate fuel in the fuel tank of the Vehicle).
6. The Vehicle does not contain any illegal items or materials or any items or materials the possession of which might be a breach of any law or regulation in any jurisdiction through which the Vehicle is to be transported.

7. DELIVERY

1. We may leave the Vehicle at the Delivery Address if we consider it safe to do so, and such delivery will be due and proper delivery of the Vehicle and proper performance of our obligations under these terms and conditions and at law.
2. If, for whatever reason, we do not consider it safe to leave the Vehicle at the Delivery Address, or the Delivery Address does not exist or does not appear on a map used by us to locate the Delivery Address, we may, at our sole discretion, ether:
   1. make one or more further attempts to deliver the vehicle to the Delivery Address, in which case we will charge you an additional 50% of the Fees and Charges for each delivery attempt; or
   2. take the Vehicle to a storage facility and deal with the Vehicle in accordance with clause 14.
3. Whilst performing the Services, we may take any route or use any mode of transport to deliver the Vehicle.

8. CANCELLATION
(a) We will notify you in writing of the Commencement Date.
(b) In the event that you cancel the Services on or after the Commencement Date, you must pay our Fees and Charges and any Costs that we may incur.
(c) In the event that you cancel the Services prior to the Commencement Date, you must pay 25% of the Fees and Charges.

9. JURISDICTION

1. The law of Western Australia applies to this agreement, notwithstanding the jurisdiction:
   1. in which the Vehicle is collected or received by us;
   2. through which the Vehicle is transported; or
   3. in which the Vehicle is delivered.
2. You agree to submit to the jurisdiction of the Courts of Western Australia and any Courts that may hear appears from the Courts of Western Australia.

10. INSURANCE
(a) We do not and will not insure your Vehicle on your behalf.
(b) You must insure your Vehicle for its full value with a reputable insurer and you must provide a certificate of currency for such insurance upon request.

11. CLAIMS

1. No Claim may be made against us:
   1. Unless notice of the Claim is provided to us within 7 days of you becoming aware of the loss, or Delivery, whichever is the earlier; and
   2. If you have attempted repair on any damage to the Vehicle.
2. Subject to clause 12(a)(iv), in the event that we are directly and solely liable for loss of, or damage to, the Vehicle, we will, at our sole discretion, either:
   1. Repair the damage to the Vehicle; or
   2. Pay you what we consider to be fair compensation for the loss of, or damage to, the Vehicle.

12. LIMITATION OF LIABILITY
(a) Subject to clause 11, to the extent permitted by law:

1. The Services are provided at your risk;
2. We accept no liability for the Vehicle;
3. We accept no liability for any Loss or Damage that you may suffer as a result of our provision of the Services; and
4. Without limiting the generality of this clause 12(a) or clause 11, we will not be liable for the following:
   1. Pre-existing damage (whether or not noted on the consignment note);
   2. Damage to windscreens;
   3. Isolated stone chips;
   4. Loss or Damage to any personal effects in the Vehicle;
   5. Damage caused by storm, hail or other meteorological event;
   6. Damage caused by insects, or by bird or other animal faeces;
   7. Mechanical or electrical derangement; or
   8. Any loss of or damage to a Vehicle that is 25 years old or older.

(b) To the extent permitted by law, all warranties, terms, conditions or undertakings are expressly excluded from these terms and conditions.

13. CHARGE AND LIEN
(a) You charge in our favour all of your estate and interest in any real property that you now own or in the future acquire with due payment of all monies owing, or that may become payable, in accordance with these terms and conditions.
(b) We have a lien on the Vehicle and any other goods in which you have an interest and which may have come into our possession for any reason. The lien is a general lien for all monies owing by you to us.

14. STORAGE AND DISPOSAL OF VEHICLE
(a) If the Vehicle is undeliverable for whatever reason, we will store it for 28 days. The cost of storage will be paid by you. We will be entitled to retain the Vehicle until you have paid all storage costs (in addition to any other monies owing under these terms and conditions).
(b) Storage of the Vehicle pursuant to clause 14(a) will be entirely at your risk.
(c) If, after the period set out in clause 14(a), the Vehicle has not been collected by you, you authorise us to dispose of the Vehicle in accordance with any applicable legislation or if no such legislation, then as set out in clauses 14(d) and 14(e) below.
(d) We will dispose of the Vehicle by way of public auction. We may apply any proceeds from the sale of the Vehicle firstly in payment of the storage and attempted delivery costs, secondly against any auction costs and any incidental costs that we might incur (including any costs of us or our employees, agents, or lawyers in arranging the sale or disposal of the Vehicle)., and thirdly against any monies owed by you to us under these terms and conditions or otherwise. The balance of the proceeds of sale will be paid to you.
(e) Notwithstanding clause 14(d), if, in our opinion, the costs associated with the sale of the Vehicle will exceed the proceeds that are likely to be obtained, we may dispose of the Vehicle by any means after the period set out in clause 14(a), be that by donation or otherwise.

15. FORCE MAJEURE
We will not be liable and will not be taken to have failed to perform our obligations under these terms and conditions as a result of force majeure, being any act that is outside our control, including industrial action.

16. VARIATIONS
(a) No variation to these terms and conditions or to the Delivery Address will be valid unless we have agreed in writing to the variation.
(b) Any variation to the Delivery Address must be provided 3 working days prior to the Commencement Date.

17. SEVERANCE
If any provision in these terms and conditions is unenforceable, that provision is severable, and its unenforceability will not affect any other part or provision of these terms and conditions.

18. WAIVER
If we waive a breach by you of these terms and conditions, that waiver will not operate as a waiver of any other breach of the same or any other of these terms and conditions.

19. DEFINITIONS
In these terms and conditions:

1. Commencement Date means the date on which the Vehicle will be delivered to us by you, or collected by us, as agreed, so that we may perform the Services.
2. Claim means a claim made or brought by you against us in any jurisdiction for loss, of or damage to, the Vehicle
3. Costs means the following costs or expenses that we may incur while performing, or as a result of performing, the Services:
   1. road tolls;
   2. cleaning costs incurred by us where the Vehicle is required to be cleaned by a quarantine authority;
   3. storage fees incurred by us where the Vehicle cannot be delivered for whatever reason;
   4. insurance excess that we may need to pay in relation to an insurance claim made by us relating to the Vehicle;
   5. additional expenses incurred as a result of incorrect information provided by you regarding the existence of or the size, quantity or description of any modifications to the standard of the Vehicle (including but not limited to roof racks, bull bars, lowered suspension); and
   6. legal costs on a solicitor-client basis.
4. Delivery Address means the address provided by you in writing for the delivery of the Vehicle.
5. Fees and Charges means the fees and charges for the Services set out in a quote provided by us to you.
6. Loss or Damage means any actual or contingent loss (including consequential loss), cost, expense, damage to person or property, death, injury, illness, or any other loss or damage, arising from or in connection with the Services, whether directly or indirectly, including as a result of any actual or alleged negligence.
7. Services means the transportation services that we agree to provide to you.
8. Subcontractor means any person (including a company, partnership or any other entity) who we engage to perform some or all of the Services.
9. Vehicle means any motor vehicle, caravan, motorcycle, light commercial vehicle, heavy commercial vehicle, boat, trailer, or any other vehicle or item that we agree to transport for you.