In these Terms and Conditions:
- Authority means any legally constituted entity or person acting within lawful powers and jurisdiction, including government, regulatory, port, airport, or municipal bodies.
- Royal Freight means Royal Freight Limited, including its employees, agents, subcontractors, and affiliated entities.
- Container means any container, flexi tank, trailer, transportable tank, pallet, or other article used to carry or consolidate goods, including associated equipment.
- Customer means any person or entity requesting or benefiting from services provided by Royal Freight.
- Dangerous Goods means goods that are hazardous, inflammable, radioactive, contaminating, or otherwise harmful to persons, property, or the environment, including goods that may attract pests.
- Goods means all items tendered for carriage, including merchandise, documents, cargo, packaging, and any container not supplied by Royal Freight.
- Incidental Services means any service performed to facilitate carriage, including packing, warehousing, or consolidation.
- Owner means the owner, shipper, consignee, or any party with an interest in the goods.
- Person means individuals, partnerships, trusts, firms, or corporate entities.
- Services means all freight, courier, and logistics services provided by Royal Freight, including related or ancillary activities.
- Terms and Conditions means this document and any amendments published by Royal Freight.
1.Provision of Services
1.1 All services are provided by Royal Freight as agent unless:
(a) Royal Freight performs carriage, handling, or storage directly and the goods are in its custody.
(b) The Customer requests written details of subcontractors and Royal Freight fails to provide them within 28 days.
(c) Royal Freight expressly agrees in writing to act as principal.
(d) A court determines Royal Freight acted as principal.
1.2 The following do not determine agency or principal status:
(a) Charging a fixed price.
(b) Supplying a container.
(c) Procuring transport documents issued by third parties.
(d) Providing customs or insurance services (always as agent).
2.Mode of Carriage
2.1 Unless otherwise agreed in writing:
(a) Domestic carriage is undertaken on a Limited Carrier’s Risk basis under section 248(1)(d) of the Contract and Commercial Law Act 2017.
(b) International air carriage is subject to Part 9A of the Civil Aviation Act 1990 or applicable conventions.
(c) International sea carriage is subject to Part 16 and Schedule 5 of the Maritime Transport Act 1994 or the Amended Hague Rules.
2.2 If Royal Freight acts as principal and issues a consignment note, bill of lading, or transport document, that document prevails over these Terms in case of conflict.
3.3 If services are governed by separate transaction-specific terms, those terms prevail over these Terms in case of conflict.
3.Price of Services
3.1 The price is the cost of the services as agreed between Royal Freight and the Customer from time to time, including any formal quotation issued by Royal Freight.
3.2 Royal Freight may, at its sole discretion, withdraw or amend any quotation provided, unless it has already been accepted by the Customer.
3.3 Where services are requested on an urgent basis without a formal quotation, Royal Freight may determine the price based on:
(a) The cost of similar services previously provided; and
(b) A discretionary urgency premium of up to 50%.
4.Quotations
4.1 Any quotation issued by Royal Freight:
(a) Is valid for thirty (30) days from the date of issue, unless otherwise stated or withdrawn.
(b) Is exclusive of GST and based on standard business hours (9am–5pm weekdays, excluding public holidays), unless otherwise stated.
4.2 The Customer is responsible for any increased costs resulting from:
(a) Inaccurate or incomplete information.
(b) Requests for additional services.
(c) Alterations to the scope of work.
4.3 Royal Freight may alter or cancel a quotation due to:
(a) Circumstances beyond its control.
(b) Clerical or system error.
(c) Inadequate or inaccurate information provided by the Customer.
5.Payment Terms
5.1 The Customer agrees to pay Royal Freight:
(a) In full on or before the 20th day of the month following the date of invoice, unless otherwise agreed.
(b) Interest on overdue amounts at a rate of 3% per month or part month.
(c) All costs incurred in enforcing payment, including PPSR registration, debt collection fees, and legal costs on a solicitor–client basis.
(d) A storage fee after forty-eight (48) hours of storage, charged at a pallet rate applicable to the nature and volume of the goods.
(e) Any reasonable costs incurred by Royal Freight in relation to the goods.
(f) Without set-off, deduction, or counterclaim.
(g) A deposit or full fee prior to service provision, if required at Royal Freight’s sole discretion.
5.2 Royal Freight may allocate or reallocate any payment received from the Customer toward any outstanding invoice.
5.3 The Customer remains liable for payment even if a third party expected to pay Royal Freight fails to do so.
5.4 Surcharges may apply for fragile, oversized, and/or dangerous goods.
6.Disposal of Goods
6.1 Royal Freight may, at its sole discretion and without liability, dispose of goods by sale, destruction, or other lawful means if:
(a) Perishable goods appear to be deteriorating or likely to become offensive.
(b) Dangerous goods are undeclared, improperly documented, or pose an imminent risk.
(c) Goods are not collected or accepted for delivery within the required timeframe.
6.2 Upon disposal, Royal Freight shall have no further liability and may recover all disposal costs from the Customer.
7.Charges
Quoted prices are based on prevailing freight, handling, customs clearance, insurance, taxes, duties, and third-party contractor rates. Any subsequent increases shall be payable by the Customer.
7.1 Charges may be calculated by:
(a) Weight.
(b) Volume.
(c) Value.
Royal Freight reserves the right to re-weigh, re-measure, or re-value goods and apply proportional adjustments.
7.2 The Customer shall reimburse Royal Freight for:
(a) Duties.
(b) Taxes.
(c) Third-party costs or disbursements incurred in performing the services.
8.Liability
8.1 Except where liability is expressly accepted in writing or cannot be excluded by law, Royal Freight shall not be liable for:
(a) Loss or damage to goods.
(b) Consequential loss (e.g. profit, opportunity, market).
(c) Claims not notified or prosecuted within statutory timeframes.
(d) Claims not notified within 7 days where no statutory timeframe applies
9.Lien and Detention
9.1 Royal Freight shall have a general and particular lien over any goods or documents in its possession for all sums owed by the Customer
9.2 If the payment is not made following notice (or reasonable efforts to notify), Royal Freight may:
(a) Sell the goods by auction or other means.
(b) Apply proceeds to the outstanding debt.
(c) Return any surplus to the Customer.
10.Insurance
10.1 Upon written instruction, Royal Freight may procure insurance on behalf of the Customer, acting solely as agent.
10.2 The insured value shall be as instructed but shall not constitute a declared value for liability purposes.
10.3 Insurance will be placed with reputable underwriters or brokers on standard terms
10.4 Insurance cover excludes:
(a) Wear and tear, pests, damp, mildew, delay, or inherent vice.
(b) Gradual deterioration, rust, or oxidation unless caused by accident.
10.5 Insurance proceeds shall first be applied to settle outstanding amounts owed to Royal Freight.
10.6 Royal Freight shall not be liable for the adequacy or sufficiency of insurance procured.
11.Cash on Delivery (COD)
11.1 Royal Freight does not accept responsibility for:
(a) Collecting payments on behalf of the Customer or any other party.
(b) Acting on COD instructions in any form.
12.General Provisions
12.1 Where the Customer is a business under the Consumer Guarantees Act 1993, services are acquired for business purposes and the Act shall not apply.
12.2 Breach of these Terms by Royal Freight shall not affect its entitlement to rely on:
(a) Exclusions.
(b) Limitations.
(c) Defences.
Declaration
I hereby sign and declare understanding of the above Terms and Conditions.
Signature: Date:
Name: Position Held:
