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Terms and Conditions

This page provides information on our domestic and one-off shipment domestic service terms and conditions.

Version 1.1 (Dated 7th March 2016)

Domestic Service Terms and Conditions

 

These are the entire Terms and Conditions of Carriage (“Conditions”) governing the supply of Services being the whole of the operations undertaken by the Carrier in relation to the goods, including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding, customs clearance, consolidation and deconsolidation (“Services”) by HUBBED PTY LTD (ABN 99 600 398 178) of 145A Beattie Street,BALMAIN NSW 2041, Australia and its subsidiary, parent and related Corporations (within the meaning of section 50 of the Corporations Act 2001), its successors and assigns, its servants, officers, agents and subcontractors and any subcontractors of subcontractors (collectively the “Carrier”) to its Customers, whether a person or an entity or being either the shipper, consignor, the owner of the goods, consignee, receiver or their respective authorised agent (“Customer”). Except as agreed in writing by a duly authorised officer of the Carrier, no other Conditions (including Terms and Conditions that may appear on a purchase order form, service level agreement or other document issued by a Customer) will be binding on the Carrier. The Carrier may at any time amend these Conditions, which will take effect after notification to the Customer and will apply to the provision of all future Services. The Customer acknowledges that notification includes publication by the Carrier of the Conditions on its website www.hubbed.com.au (“Website”) and undertakes to regularly inspect the Conditions on the Website for amendments from time to time.

 

1. Application of Conditions

 

  • These Conditions cover the whole, or any part of, the Services performed by the Carrier for the Customer. All rights, immunities and limitations of liability in these Conditions shall continue to have full force and effect notwithstanding any breach of this contract by the Carrier or any other person entitled to the benefit of such provisions.
  • The Customer will inform the Carrier promptly in writing of any changes to the details provided in any Application for Commercial Credit and hereby indemnifies the Carrier for any loss or damage associated with the failure of the Customer to inform the Carrier of such changes.

 

2. Not a common Carrier

 

  • The Carrier is not a common carrier and accepts no liability as such. The Carrier may refuse the carriage or transport of goods for any person or corporation and the carriage or transport of any class of goods is at the Carrier’s absolute discretion.

 

3. Warranties and Undertakings

 

  • The Customer warrants that:
    • it has complied with all applicable laws and regulations relating to the nature, condition, packaging or carriage of the goods (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the goods and that, given their nature, the goods are packaged in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;
    • the goods are accurately described on the consignment note or in the Carrier’s electronic gateway; and
    • it is either the owner of the goods and/or the authorised agent of the person(s) owning or having any interest in the goods and it enters into this contract on its own behalf and/or as authorised agent of that person or persons.
  • The Customer hereby indemnifies the Carrier against any expenses, charges or losses sustained by the Carrier in complying with the requirements of any law or otherwise incurred as a result of a breach of the warranties in clause 3.1 including but not limited to any claims by any third party.
  • The Carrier shall comply with all statutory obligations that apply to the provision of the Services including but not limited to occupational health and safety laws and any applicable road transport laws.

 

4. Performance of Services

 

  • The method(s) of undertaking the Services shall be at the sole discretion of the Carrier and the Customer hereby authorises the Carrier to adopt any method(s) other than any method which may have been instructed or agreed.
  • The Customer authorises any deviation from the usual route of carriage.

 

5. Delivery

 

  • The Carrier shall use reasonable endeavours to deliver the goods as specified by the Customer. The Carrier shall not be bound to deliver the goods except to the consignee shown on the consignment note or in the Carrier’s electronic gateway or to such other person(s) as may be authorised in writing by the Customer to receive the goods or to effect delivery in such other manner as specified by the Customer including an “authority to leave”.
  • If the Carrier is unable to deliver the goods for any reason (including failure on the part of a receiver to take delivery within a reasonable time) the Carrier shall be entitled to handle and store the goods at the Customer’s risk and in such manner as it may in its discretion determine and shall be entitled to make a reasonable charge in respect of such handling and/or storage and additional charges for each call until the delivery is accomplished.
  • Where the Customer has not provided the Carrier with an “authority to leave” the Carrier shall be deemed to have delivered the goods to the consignee if the Carrier obtains from any person present at the place of delivery confirmation of receipt of the goods (including a signature on the delivery driver’s manifest or scanner) which proof shall be binding on the Customer or any other person liable to the freight charges provided that under no circumstance shall the Carrier be required to provide proof of delivery.
  • The Carrier shall not be liable for any failure or delay in delivering the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of the Carrier including but not limited to war, strikes, lockouts, industrial disputes or arrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of any mechanical equipment including any vehicles, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

 

6. Responsibility for Charges

 

  • The Carrier’s freight, fuel surcharge, insurance and other charges are earned as soon as the goods are picked up or accepted for storage and the Customer must pay all freight, fuel surcharge, insurance and other charges, irrespective of whether the goods are delivered or not, and whether damaged or not, based on the tax invoice issued by the Carrier and in accordance with the trading terms agreed with the Carrier. The Customer shall pay to the Carrier all sums for the Services immediately when due without deduction or deferment on account of any claim, counterclaim or set-off. The Carrier will not refund any payment for freight, fuel surcharge, insurance and other charges under any circumstances. If the goods are at any time re-weighed or re-measured, the Customer shall pay any proportional additional freight, fuel surcharge, insurance and other charges as determined by the Carrier. The Customer shall pay the higher of dead weight and volumetric weight, based on a cubic allowance of 250kg per cubic metre, and rounded up to the nearest whole kilogram. The Customer shall pay any charge for demurrage at the rate charged to the Carrier directly or indirectly by any railway or shipping authority or other person.
  • The provision of credit by the Carrier to the Customer is at the absolute discretion of the Carrier and may be revoked by notice at any time whereupon all outstanding amounts shall become due and payable. Invoices for Services may be delivered in person, sent by post, facsimile or email at the frequency determined by the Carrier. The Customer agrees that evidence of the dispatch by the Carrier of an email is prima facie evidence of the receipt of the email by the Customer and unless the contrary is proven by the Customer the time of receipt will be deemed to be twenty (20) seconds after the time of the dispatch of the email.
  • The Customer agrees to pay the Carrier administration, handling and merchant fees in respect of any copies of documents required or other processing involved in the conduct of the Customer’s account including but not limited to account administration fees, merchant or bank charges or other fees incurred as a result of payment by credit or charge card.
  • When the Carrier is instructed to collect freight, fuel, insurance and other charges or other expenses from any person other than the Customer, the Customer shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and have not been paid by such other person, the intent being that the Customer shall be primarily liable for all amounts due in respect of the Services provided.
  • On all accounts overdue to the Carrier, the Carrier shall be entitled to charge interest calculated at 4% above the base rate of the Carrier’s bank calculated from the time such accounts became overdue. The Customer acknowledges that such interest charge is not a penalty but is a true measure of damages incurred by the Carrier. The Customer agrees that it will pay all costs, expenses and charges incurred by the Carrier due to any breach of the Conditions and all costs, expenses and charges associated with the recovery of any overdue or other amounts including but not limited to any mercantile agent’s costs, legal costs and disbursements on an indemnity basis.

 

7. Carrier’s Liability

 

  • The goods shall at all times be at the risk of the Customer and the Carrier shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any act or omission of the Carrier that is outside the authorised scope of its activities under this contract, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or misdelivery of the goods whatsoever, howsoever caused.
  • The exclusion of liability in the above Clause extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged arising from the Carrier providing the Services under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from failure to deliver, delay in delivery or misdelivery, howsoever caused including but not limited to loss of income, profits, markets, customers, use, opportunity, reputation or goodwill.
  • Notwithstanding any other provision in these conditions of carriage, but subject always to the above clauses, if any liability whatsoever, howsoever arising, is found to attach to the Carrier or any subcontractor, the Carrier’s liability shall be limited in the case of Services supplied under this contract to the lesser of:
    • supplying the Services again;
    • payment of the cost of supplying the Services again; or
    • the amount of A$100.00.
  • The Customer acknowledges that loss or damage are insurable risks and that obtaining insurance is the responsibility of the Customer and if they fail or choose not to do so it is at their risk. Where insurance is arranged by the Carrier at the request of the Customer it is done so by the Carrier as an authorised representative of licensed brokers and the contract of insurance so arranged will be between an insurer and the Customer, subject to the insurer’s terms and conditions. Customers acknowledge that they have read the Product Disclosure Statement and Financial Services Guide which can be obtained from the Carrier’s website and/or the insurer prior to arranging such insurance. The Customer acknowledges that under the contract of insurance the time for notifying the insurer of a loss may be different from the Carrier’s requirement under Clause 8.

 

8. Notice of Loss and Time Bar

 

  • Any claim for loss or damage to the goods or relating to the provision of the Services under this contract must be notified in writing to the Carrier within seven (7) days of delivery of the goods or the date by which the goods should have been delivered, whichever is the earlier. Should the Carrier not receive any such notice in writing the Carrier shall be forever discharged from any and all liability to any person (including the Customer) in respect of the goods and or the Services. In any event whatsoever, the Carrier shall be discharged from any and all liability whatsoever unless suit is brought within six (6) months of the provision of the Services, delivery of the goods or when the Services should have been provided or when the goods should have been delivered, whichever is the earlier.

 

9. Lien

 

  • If, on demand, the Customer fails to pay charges due to the Carrier in respect of any Services rendered by the Carrier, the Carrier will have a general and a particular lien over the goods and/or any other cargo or items the property of the Customer in the Carrier’s possession, and without notice to the Customer, may sell all or part of the goods and/or any other cargo or items that are the property of the Customer which are in the Carrier’s possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.

 

10. Aviation Security and Dangerous Goods

 

  • The sender acknowledges that freight may be carried by air and will be subject to aviation security and clearing procedures; and the sender declares that the freight does not contain any dangerous or prohibited goods, explosives or incendiary devices. A false declaration is a criminal offence. Please see our website at www.Hubbed.com.au for the list of dangerous and prohibited goods.
  • The Customer or the authorised agent shall not tender for carriage any goods which in the Carrier’s sole opinion are or may be explosive, flammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.
  • The Carrier may at any time cause any dangerous goods or any goods which the Carrier believes in its sole opinion are liable or may be liable to become dangerous goods to be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Customer and without prejudicing the Carrier’s right to any charges payable by the Customer to the Carrier.

 

11. Subcontractors

 

  • The Carrier is hereby authorised to subcontract the whole or any part of the Services and such authorisation extends to any subcontractor.
  • Any clause herein excluding or limiting the liability of the Carrier or providing any right or exemption from liability to the Carrier shall also be available and shall extend to protect all subcontractors and every servant or agent of the Carrier and of any subcontractor. The Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
  • The Customer undertakes that no claim will be made against any servant, subcontractor or agent of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or Services under this contract. If any such claim should nevertheless be made, the Customer shall indemnify the Carrier against the consequences thereof.

 

12. Goods and Services Tax

 

  • Words and expressions used in this Clause which have a defined meaning in the A New Tax System (Goods and Services Tax Act) (“GST Act”) have the same meaning in this clause as in the GST Act. Unless expressly stated otherwise, all consideration to be provided under this contract is expressed as exclusive of GST. If GST is payable by a supplier on any supply made under this contract, the recipient will, upon receiving a tax invoice from the supplier, pay to the supplier an amount equal to the GST payable on the supply.

 

13. Law and Jurisdiction

 

  • The Conditions will be construed according to the laws of the State or Territory as the Carrier in its sole discretion determines. Proceedings may be instituted in such State or Territory as the Carrier may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.

 

14. Privacy

 

  • The Carrier will collect, use and disclose a Customer’s personal or other information in accordance with its Privacy Policy as amended from time to time, details of which can be found on the Carrier’s Website.

 

15. Reweigh

 

  • The customer acknowledges that inaccurate measurement of shipment dimensions and weight at the time of quoting directly impacts the quote charge applied.
  • HUBBED will charge the additional weight as if the quote was resubmitted with accurate dimensions and weight.
  • This additional charge is called the Reweigh Charge and will be applied to all shipments with inaccurate dimensions and weights without exception.
  • The Reweigh Charge is the additional weight charge only, that when added to the original quotation charge completes full payment for the accurate shipment weight.
  • If you are charged a Reweigh Charge an email to the billing contact address will be sent with advice of the automatic Reweigh Charge details and a pdf invoice attached.

 

16. Termination

 

  • The Customer and Hubbed can each terminate this agreement without cause by 30 days notice in writing to the other (and if there is an Initial Fixed Term then may give such notice prior to the expiry of the Initial Fixed Term, provided it does not take effect until after the expiry of the Initial Fixed Term).

 

One-Off Booking Terms and Conditions

 

1. Definitions and application of conditions

 

  • In these conditions “We/Us” means Hubbed Pty Ltd ABN 99 600 398 178 and our servants, officers, agents and subcontractors; “You” means you the customer, being the shipper, consignor/consignee, and/or owner of the goods to be carried.
  • “Service” means the whole of the operations undertaken by Us in relation to your goods, including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding, consolidation and deconsolidation.
  • These conditions cover the whole of any part of the Service performed by Us for You. All rights, immunities, and limitations of liability in these conditions continue to have full force and effect notwithstanding any breach of this contract by Us or any other person entitled to the benefits of its provisions.
  • We are not a common carrier and we accept no liability as such. We may refuse that carriage of goods for any person or corporation, and the carriage of any class of goods (including the manner in which the carriage is performed) is at our discretion.

 

2. Warranties and Undertakings. You warrant that:

 

  • the goods are not Dangerous Goods as classified by the Australian Code for the Transport of Dangerous Goods by Road, Rail and Air;
  • the goods are packed in a manner, having regard to their nature, adequate to withstand the ordinary ricks of carriage;
  • the goods are accurately stated on the web form;
  • You are either the owner of the goods and/or the authorised agent of the person(s) owning or having any interest in the goods;
  • and that You will indemnify Us against any expenses, charges or losses sustained by Us in complying with the requirements of any law or otherwise incurred as breach of these warranties.

 

3. Pickup. You will be liable to pay a Futile Booking Fee it;

 

  • no one is available to despatch the goods on the nominated pickup date and time;
  • our driver refuses to pick up because the Hubbed consignment label is not attached to the goods;
  • our driver refuses pick up because the goods are not packaged correctly to withstand transportation and these is a likelihood of damage occurring to the goods;
  • the sender will not release the goods to our driver on the nominated pick up date and time.

 

4. Delivery

 

  • We are not bound to deliver the goods except to the consignee shown on the web form or to any other person(s) as You may authorise in writing to receive the goods.
  • If We are unable to deliver the goods for any reason (including failure on the part of a receiver to take delivery within a reasonable time) We shall be entitled to handle and store the goods at Your risk and in such a manner as We may in our discretion determine and We shall be entitled to make a reasonable charge in respect of such handling and/or storage and additional charges for each call until delivery is accomplished
  • We shall be deemed to have delivered the goods to the consignee if We obtain from any person present at the place of delivery confirmation of receipt of the goods.

 

5. Responsibility of Charges

 

  • You must prepay the charges relating to the transport of the goods.
  • In addition to the prepaid charges, We may charge you for;
    • futile Booking fees, redelivery charges and any storage charges or other expenses incurred due to a failure on Your part at pick up or delivery;
    • any additional expenses We incur as a result of any incorrect declaration by You of the weight, dimensions, Description or packaging of the goods and/or pick up or destination of the goods.
  • Our charges are based on the greater of the actual weight or volume of the goods. For the purpose of calculating weight we round up to the next whole kilogram.
  • You guarantee to pay any additional charges within seven (7days) days from the date of invoice issued by Us. We will charge interest calculated at 4% above the base rate of our bank applicable during any periods during which amounts are overdue, as well as all legal and other costs incurred by Us in recovering dur amounts.
  • If, on demand, You fail to pay charges due to Us in respect of any Service rendered by Us, we shall have a general lien over the goods and/or any other cargo or items that are Your property, and without notice to You, may sell all or part of the goods and/or any other cargo or items that Your property which are in Our possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any of the moneys arising from the sale and such of the goods are remain unsold to the person entitled thereto.

 

6. Our Liability

 

  • The goods are at all the time at Your risk and We shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any act or omission, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or misdelivery of the goods whatsoever, howsoever caused.
  • The exclusion of liability in (a) above extends to include not only loss or damage to the goods themselves by loss, damage or injury to any person, property or thing damaged arising from Us providing the Service under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from failure to delivery, delay in delivery or misdelivery, howsoever caused.
  • Notwithstanding any other provision in these conditions of carriage but subject always to clauses (a) and (a) above, if any liability whatsoever, howsoever arising, is found to attach to Us or any of our subcontractors, Our liability shall be limited to the lesser of;
    • In the case of services supplied under this contract;
      • The supplying of the service again;
      • The payment of the cost of supplying the services again; or
      • The amount of A$1,000.00 (less excess)
    • In the case of goods;
      • The replacement of the goods or the supply of equivalent goods;
      • The repair of goods;
      • The payment of the cost of replacing the goods or acquiring equivalent goods;
      • The payment of the cost of repairing the goods; or
      • In any event, an amount no higher than a $1,000.00 (less excess)
  • You acknowledge that loss or damage are insurable risks and that obtaining adequate insurance is Your responsibility and if You fail or choose not to do so it is at Your risk, notwithstanding the automatic insurance offered by Us. If you require additional insurance, please telephone 1300 525 625. All insurance is arranged by us as an authorised representative of licensed brokers and the contract of insurance so arranged will be between an insurer and You, subject to the insurer’s terms and conditions. You should read this Product Disclosure Statement. You acknowledge that under the contract of insurance the time for notifying the insurer of a loss may be different from Our requirement under clause 7 below.

 

7. Notice of Loss and Time Bar

 

  • Any claim for loss or damage to the goods or relating to the provision of the Service under this contract must be notified to Us within seven (7) days of delivery of the goods or the date by which the goods should have been delivered, failing receipt of which notice We shall be forever discharged from any and all liability to any person (including You) in respect of the goods and/or Services. In any event, We shall be discharged from any and all liability whatsoever unless suit is brought within nine (9) months of the provision of the Services, delivery of goods or when the Services should have been provided or when the goods should have been delivered.

 

8. Dangerous Goods

 

  • Hubbed does not carry dangerous goods, the shipper is responsible to read the dangerous goods information provided on this website to understand the classification of their shipment contents.
  • You shall not tender for carriage any explosive, flammable or otherwise dangerous or damaging goods.
  • We may at any time cause any dangerous goods or goods that we believe are liable to become dangerous goods to be destroyed, disposed of, abandoned, or rendered harmless by Us without compensation to You and without prejudicing Our right to any changes payable by You to Us.

 

9. Subcontractors

 

  • We are authorised to subcontract the whole or any part of the Service and such authorisation extends to any subcontractor.
  • Any clause in these terms and conditions excluding or limiting Our liability or providing any right exempting from liability to Us shall also be available and shall extend to protect all subcontractors and every of Our servants and agents and subcontractors. We are or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons shall to this extend be or be deemed to be parties to this contract.
  • You undertake that no claim will be made against any of Our servants, agents or subcontractors which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or services under this contract. If any such claim should nevertheless be made, You shall indemnify Us against the consequences thereof.

 

10. GST

 

  • Words and expressions used in this clause 10 which have a defined meaning in the A New Tax System (Goods and Services Tax) Act (GST Act) have the same meaning in this clause as in the GST Act. Unless expressly state otherwise, all consideration to be provided under this document is expressed as excusive of GST. If GST is payable by supplier on any supply made under this document, the recipient will, upon receiving a tax invoice from the supplier, pay to the supplier an amount equal to the GST payable on supply.

 

11. Law and Jurisdiction

 

  • These conditions shall be governed by and constructed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.