← Back to Home

Vehicle Transport Terms & Conditions

These Vehicle Services Conditions set out the terms on which Services will be provided by Us to You and form part of the Services Agreement. We will provide the Services in accordance with the Services Agreement for the term specified. You accept these terms and the Services Agreement by formally instructing us to proceed with the Services, or by any other form of acceptance recognised by law.

1. Definitions

  • “Abandoned Goods”: vehicles which have not been accepted for delivery and remain in Our possession for 28 days after the date of arrival at the delivery destination, or in the case of Vehicle storage Services, 28 days after the end of the storage term.
  • “Chain of Responsibility Laws”: the National Heavy Vehicle Law and regulations or any laws of Australia that relate to road transport, including but not limited to laws or regulations relating to transport of Dangerous Goods, fatigue management, speeding, speed limiting, maintenance, load restraint, mass or dimension.
  • “Charges”: Our quoted Charges for the Services calculated under Our rates schedule or other agreed rates, taxes, duties and government Charges levied on the Services and any other amounts under clauses 3.2, 5, 6.3, 6.4 and 6.5.
  • “Dangerous Goods”: any articles or substances which are, or may become a risk to health, safety, property, or the environment as defined in the Australian Dangerous Goods Code current as at the date of the Services Agreement (but not substances located in the fuel tank of a Vehicle, including petrol, diesel, and LP gas).
  • “Fair Wear and Tear”: damage or deterioration resulting from normal use and exposure and includes any pre-existing damage visible from 1 m away at the time of uplift. Fair wear and tear is not as a result of impact damage from transportation and includes:
    • stone chips to any panel;
    • dents ≤ 25 mm in diameter where the paint has not been broken and there is no cracking or flaking;
    • light scratches ≤ 25 mm long and ≤ 1 mm wide with no paint penetration which can be polished out;
    • light scratches/scuffing ≤ 20 mm on wheels, wheel trims and tyres;
    • in the interior cab area: light marks removable by cleaning and day-to-day debris removable by cleaning;
    • scratches/scrapes under the front bumper not visible from 1 m, isolated stone chips on bumpers, or light scuffing/scratches on bumpers without paint penetration and which can be polished out.
  • “Force Majeure Event”: circumstances outside Our reasonable control causing delays or inability, wholly or in part, to perform any obligations under this Agreement; including, without limitation, fire, storm (including hail), flood, earthquake, wildlife impact, explosion, road or rail closures, road works, breakdown of equipment or infrastructure, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, pandemic, quarantine restriction, labour dispute or shortage, or the act/omission of any third party or public authority.
  • “Goods”: any items packed in Your Vehicle.
  • “Goods in Vehicles Policy”: Our policy regulating Goods in Vehicles, including (summary):
    • We accept no liability for any personal items or Goods left in Vehicles, regardless of transport type.
    • We will not be liable for any damage to the internal part of your Vehicle if Goods are left inside.
    • Items such as paperwork (service/log books), spare tyres (in housings), jacks or fixed baby seats are not classed as Goods in Vehicle and are considered part of the Vehicle.
    • Any Goods or items travelling with the Vehicle are not covered under any transit warranty or insurance and travel at Your risk.
    • An additional fee may apply for Goods stored in a Vehicle. Luggage/personal items must be:
      • neatly packed in suitcases, removalist boxes or closed travel bags;
      • stored in the boot, the back section of a wagon, or in a ute with a lockable lid (not permitted in open utes);
      • for wagons, only up to the base of the rear window;
      • total weight of boxes and suitcases must not exceed 80 kg;
      • windows may not be obstructed; no items on any seats; all items must be accessible for inspection.
    • Limitations: not available inbound to WA or Tasmania; no heavy machinery/parts; no perishables or plants; no dangerous goods (including weapons, firearms, ammunition, flammable liquids/gases or illegal items).
    • If items are not appropriately loaded, the Goods and/or the Vehicle will not be transported.
  • “Hidden Defect”: a defect or fault in a Vehicle not visible at inspection for the Vehicle Condition Report, which causes or contributes to any damage, deterioration or wastage to a Vehicle.
  • “Modifications”: has the meaning in clause 6.3(e)(i).
  • “Service Period”: the period commencing when You sign or are otherwise deemed to have accepted the Vehicle Condition Report/Service Agreement and ending on delivery or handover of the Vehicle.
  • “Services”: the agreed Services to be performed by Us.
  • “Services Agreement”: the agreement (inclusive of any booking confirmation, pricing schedule or schedule of particulars) between Us and You for the provision of the Services, including these terms and conditions.
  • “Us”, “We”, “Our”: Jay Cee Ess Global Pty Ltd as trustee for the Jay Cee Ess Global Unit Trust (ABN 67 623 141 005) and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
  • “Vehicle(s)”: the car(s), motorcycle(s), trailer(s), truck(s), bus(es), other vehicles, machinery, equipment or item(s) picked up or accepted from You or on Your behalf.
  • “Vehicle Condition Report”: has the meaning set out in clause 2.4.
  • “Vehicle Services Conditions”: these terms and conditions.
  • “You”, “Your”: the customer (or their nominated representative or authorised agent) contracting with Us under the Services Agreement.

2. Your Obligations and What You Need to Know About Us and Our Services

2.1. We rely on the details and information supplied by You. We do not admit the accuracy or completeness of those details and are not liable if the Vehicle or Goods are not correctly described.

2.2. Our provision of the Services commences when We (or Our agent/sub-contractor) pick up or accept the Vehicle, and You sign or are deemed to have accepted the Vehicle Condition Report.

2.3. Our employees, agents and sub-contractors can rely on the provisions of the Services Agreement (including any exclusions or limitations of liability) to the same extent as Us. We hold such benefit on trust for them.

2.4. When We collect or accept the Vehicle from You, We will examine the Vehicle and may take photographs to prepare a Vehicle Condition Report.

2.5. You acknowledge the condition of the Vehicle by undertaking a joint survey with our representative/driver at uplift/drop off or delivery/collection, noting any damage on the Vehicle Condition Report and accept the Report by:

  • signing the Vehicle Condition Report; or
  • if You do not sign the Report, it is deemed accurate in all material respects.

3. Dangerous Goods

3.1. You must not tender for Services of, and You warrant that the Vehicle does not contain, any Dangerous Goods.

3.2. If You leave any Dangerous Goods in the Vehicle We may, at Your expense, dispose of or destroy them or take such other action as We consider necessary to mitigate any risk.

4. Your Obligations

4.1. You acknowledge, agree and warrant that:

  • You are the owner or authorised agent of the owner of the Vehicle and any Goods and have authority to enter into the Services Agreement;
  • You have fully and accurately described the Vehicle (and its value where required), including handling instructions;
  • All information provided is true and You will provide any further information We reasonably require to provide the Services;
  • Except as permitted under the Goods in Vehicle Policy, other Goods (including non-factory accessories, aerials, personal items and effects) have been removed;
  • All Goods are carried at Your risk at all times and We exclude liability for any loss or damage to them, including arising from Our negligence;
  • The Vehicle: (i) can be safely handled and transported; (ii) can be moved under its own power; (iii) has working brakes, intact windows and no loose panels; and (iv) has a minimum ground clearance of 15 cm (unless otherwise agreed in writing);
  • You will comply with all applicable Chain of Responsibility Laws;
  • You will comply with any directions, procedures or policies notified by Us/Our associates for packing, loading/unloading or site access; and
  • You will ensure any Goods in the Vehicle comply with Our Goods in Vehicle Policy and these Conditions (including clause 3).

4.2. To the maximum extent permitted by law and except to the extent caused or contributed to by Our negligent act or omission, You indemnify and hold harmless Us, Our officers, agents, employees and sub-contractors from and against all claims (including legal costs on a full indemnity basis) resulting from:

  • Your or Your associates’ breach of the Services Agreement;
  • Damage to real/personal property and injury/death of any person caused by Your or Your associates’ negligent act/omission arising out of or in connection with the Services Agreement; or
  • Any other liability suffered or incurred by Us arising out of or in connection with Our provision of the Services, including consequential damages (indirect loss, delay, loss of profit or business opportunity), relating to any amount payable or any actual/alleged breach of any promise, obligation or warranty, or any breach of Law.

5. Our Rights

5.1. We may, at Your risk and expense, refuse to provide some or all Services or provide them differently if required by law or necessary for safety. We will promptly notify You and specify a reasonable collection period.

5.2. If You fail to collect the Vehicle within 2 business days of the agreed collection date or notice of availability, We may charge storage, move the Vehicle to storage, return it to You/Your associate, or treat it (and any Goods) as Abandoned Goods at Your risk and expense.

5.3. We may set-off or deduct from any payment due to You, any Charges You owe to Us.

5.4. We can:

  • deliver the Vehicle at the delivery address You or Your agent supplies. Delivery is taken to have occurred if we obtain an acknowledgement of delivery or delivery occurs under clause 5.4(c);
  • deviate from any usual route or mode of transport to provide the Services; and
  • if the delivery address is unattended during normal hours (or a private address is unattended during the prearranged period), at Your expense, return the Vehicle to Our nearest depot which will constitute delivery; and
  • conduct a physical search/inspection of the Vehicle or any Goods, remove or reposition any Goods and refuse the Vehicle if it or Goods do not comply with the Agreement or Goods in Vehicle Policy or are otherwise dangerous.

6. Our Charges

6.1. You must pay Our Charges in accordance with the Services Agreement or as otherwise agreed in writing.

6.2. Charges are confidential; You agree not to disclose them to any third party.

6.3. You must pay:

  • any cleaning charge/cost if required by a quarantine authority;
  • Our costs if We are unable to pick up a Vehicle during normal business hours (or for private addresses, during the prearranged period);
  • Our costs of returning the Vehicle to Our nearest depot;
  • interest at the rate under the Penalty Interest Rates Act 1983 (Vic) if any Charges are not paid by the due date; and
  • any additional Charges incurred:
    • due to undeclared modifications to the Vehicle (including bull bars, roof racks or special fittings) ("Modifications");
    • because the Vehicle is oversized;
    • because the Vehicle was inaccurately described at booking; or
    • because the Vehicle contained unapproved Goods not included in the quoted Charges; and
    • additional fees incurred by Us as a result, including a flat battery, insufficient fuel, or additional towing fees.

6.4. Unless expressly stated, all Charges are inclusive of GST. We will provide a compliant Tax Invoice.

6.5. Unless expressly stated, all prices exclude a fuel levy. If applicable under the Services Agreement, You must pay the relevant fuel levy amount.

7. Limitations and Exclusions on Our Liability to You

7.1. Subject to this clause, Vehicles and Goods are at Your risk at all times. We exclude all liability for any loss or damage arising from the performance or non-performance of the Services, other than physical loss or damage to the Vehicle caused by Our negligent act or omission. In that case, Our liability is limited (at Our election) to:

  • repair of the Vehicle or the cost of repair; or
  • in the case of Services, re-supply of the Services or the cost of re-supply.

7.2. We will not be liable for any loss or damage to Goods for any reason (including Our negligence) and will not be liable for any loss or damage to the Vehicle arising as a result of Goods being transported with the Vehicle.

7.3. Before assuming liability under clause 7.1, We may appoint an independent loss adjuster to determine quantum and You agree to accept any such determination.

7.4. If clause 7.1(a) applies and the Vehicle’s market value or purchase price is less than the cost of repair (as determined by an independent loss adjuster), We may elect to pay the lesser of market value or purchase price (minus salvage) in full satisfaction of Our liability.

7.5. Without limiting the foregoing, We have no liability for:

  • loss or damage outside the Service Period;
  • damage not noted and signed for on the delivery copy of the Vehicle Condition Report;
  • pre-existing damage or defects;
  • minor damage/markings not visible from 1 metre;
  • hidden defects/faults not visible at inspection for the Vehicle Condition Report which cause or contribute to damage or deterioration;
  • fair wear and tear;
  • mechanical/electrical damage caused by failure of a component due to age or inherent fault (including electric or plug-in hybrid vehicles);
  • movement of objects within the Vehicle;
  • loss/damage to non-standard accessories not permanently affixed to the Vehicle;
  • insect/bug marks, bird/animal droppings, rail dust, stone chips, environmental damage, industrial fallout, rust, airborne objects or hail;
  • loss/damage to Modifications not correctly installed;
  • sabotage or vandalism;
  • loss or damage to personal property/effects within the Vehicle;
  • loss/damage arising from a breach by You of Chain of Responsibility Laws;
  • any indirect, special or consequential loss or damage (including hire vehicle);
  • loss of profits, business or anticipated savings or other economic loss (even if foreseeable); or
  • loss/damage arising from or connected to a Force Majeure Event.

7.6. Your right to compensation is extinguished and We are discharged of all liability unless:

  • notice of any claim is received by Us in writing within 24 hours after the applicable date in clause 7.7 (or within a reasonable time after that date if impossible to notify sooner); and
  • suit is brought in the proper forum and written notice thereof is received by Us within 9 months after the applicable date in clause 7.7.

7.7. For clause 7.6 the applicable dates are:

  • in the case of loss or damage, the date of delivery of the Vehicle(s);
  • in the case of delay or non-delivery, the date the Vehicle(s) should have been delivered; and
  • in any other case, the event giving rise to the claim.

7.8. To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or common law are excluded. Where any legislation implies any non-excludable condition or warranty, Our liability is limited as set out in clause 7.1.

8. Insurance

8.1. We do not provide insurance in respect of the Vehicle. You are responsible for obtaining any insurance You require.

8.2. If You are not an individual seeking Our Services wholly or predominantly for personal, domestic or household use, You must, during the Service Period, maintain third party property insurance and public risk liability insurance to a minimum value of $20,000,000 and any insurances required by law.

9. Force Majeure

If We cannot carry out an obligation under the Services Agreement in whole or in part because of a Force Majeure Event, Our obligation will be suspended for the duration of the Force Majeure Event or waived to the extent applicable.

10. Other Matters Which Affect the Contract

  • Victorian law applies and You submit to the exclusive jurisdiction of the courts of Victoria.
  • These Vehicle Services Conditions prevail over any other agreement, arrangement or understanding applicable to the Services.
  • The Services Agreement can only be amended, supplemented or replaced by a document signed by both parties.
  • Nothing in the Services Agreement creates a relationship of employer/employee, principal/agent or partnership.
  • We are not a common carrier and do not accept any liability as a common carrier.
  • The Services Agreement may be executed in counterparts.
  • If any provision (or part) is unenforceable, it is severed and the remainder continues in effect.
  • We are not bound by any waiver, discharge or release unless in writing and signed by or for Us.
  • You consent to Us registering any security interest arising under/connected with the Services Agreement on the Personal Property Securities Register, and agree to provide all assistance and sign all documents reasonably required.

11. Termination

Either party may immediately suspend or terminate the Services Agreement by written notice if the other party:

  • fails to pay any amount owing or otherwise breaches a material provision and fails to remedy within 7 days of notice; or
  • becomes insolvent or bankrupt, or has an administrator, receiver, liquidator, manager, trustee in bankruptcy or other like officer or entity appointed to administer its affairs.

For further operational details, service expectations, claim procedures, and transport-specific instructions, please refer to our Move Manual. This document supplements these Terms and Conditions and provides practical guidance for customers and staff.

Return to Home