Terms and Conditions
1. Definitions
1.1 In these Terms and Conditions:
a) “agreement” means these Terms and Conditions, and includes any schedules, annexures or other documents expressed to form part of the agreement.
b) “Carriage Management Services” means our management of the carriage of Goods for you in connection with a Shipment.
c) "Collection Address” means the physical address from which the Goods will be collected, as set out in the Shipment.
d) “Dangerous Goods” means:
(i) any dangerous goods as described under Australian legislation, including the Dangerous Goods Act 1985 (Vic) and similar legislation in other Australian states and territories; and
(ii) without limiting (i) above, any volatile spirits or explosive Goods, or Goods which may become dangerous, inflammable, noxious or offensive (including radioactive materials) or which are or may become liable to damage any property whatsoever.
e) “Delivery Address” means the nominated place for delivery of the Goods as set out in the Shipment.
f) “Fees” means the fees payable by you to us for the Carriage Management Services, as set out in the Pricing Details.
g) “Goods” means your cargo to be transported in accordance with a Shipment, together with any Packaging.
h) "Manifest” means an itemised list of all Goods subject to the Shipment.
i) “Packaging” means any container, stillage or storage cages, pallets or other packaging supplied by you or on your behalf.
j) “Platform” means the platform that we make available online via websites specified by us from time to time for the purpose of providing the Carriage Management Services.
k) “Pricing Details” means our rate card, or fees and charges, as notified to you whether via our Platform or otherwise.
l) “Receiver” means any person or entity that a shipment of Goods is consigned to or from that is not you.
m) "Shipment” means an agreement between you and us to arrange transport of Goods, pursuant to a Shipment Request. An agreed Shipment will detail (without limitation) the Goods, Collection Address, Delivery Address, Fees, type of transport and Transporter.
n) "Shipment Request” means a request for Shipment placed by you in accordance with paragraph 4.1.
o) “Transporter” means the entity that will deliver the Shipment.
p) “us”, “we”, “our” means T.I.G. Freight Management Pty Ltd and our employees, servants and agents.
q) “you”, “your” means the party named in the Shipment Request, and its employees, servants and agents.
2. Application of Consumer Law
2.1 Despite anything else in this agreement, nothing in this agreement seeks to derogate from any consumer guarantees given by us in accordance with the Competition and Consumer Act 2010 (CCA) (as amended). To the extent of any inconsistency between this agreement and the consumer guarantees under the CCA, the latter will prevail.
3. Application of this agreement
3.1 This agreement applies to any Shipment Request made by you to us, any Shipment facilitated by us for you, and the provision of the Carriage Management Services.
3.2 If we have separately agreed a fixed term with you for the provision of Carriage Management Services, then this agreement will apply during such agreed term (unless otherwise agreed in writing between us).
4. Carriage Management Services
4.1 You may request the provision of Carriage Management Services by issuing a Shipment Request to us. The form of the Shipment Request will be as directed by us from time to time and may be the completion of an online application form via our Platform.
4.2 By issuing a Shipment Request, you acknowledge and agree that:
a) any Carriage Management Services provided by us pursuant to that Shipment Request will be done so in accordance with and subject to this agreement;
b) we will facilitate at your election your engagement of one or more Transporter(s) to undertake the delivery of the Goods in accordance with the Transporter(s) carriage terms (which is a separate contract between you and the Transporter); and
c) we are not ourselves a Transporter.
4.3 Upon placement of a Shipment Request, we will provide you with options for Shipment (including as to method of shipment and Transporter(s)) on the basis of the information in the Shipment Request. An option selected by you will form a Shipment for the purposes of this agreement.
4.4 We may in our discretion refuse to facilitate carriage of, and any Transporter may in its discretion refuse carriage of, Goods for any person, corporation or company, or the carriage of any class of Goods. You will not be charged Fees for any Goods that are refused carriage (however, you may be charged applicable Fees relating to the Shipment Request, for example if a Transporter attends the Collection Address but does not collect the Goods).
5. Delivery
5.1 In relation to the performance of the Carriage Management Services and delivery of the Goods:
a) you are responsible for the conformity of any Packaging with any requirements of the Receiver, and for any expense incurred by us arising from any failure to so conform;
b) the person making the Goods available for carriage or forwarding is authorised to sign the Shipping Request and Manifest on your behalf;
c) we will provide you with proof of delivery of Goods (“POD”) if we are provided a POD by the Transporter (however you acknowledge that we will not be able to provide you with a POD if we do not receive one). The POD will be treated as a definitive record of delivery. If we are unable to provide you with a POD or any other valid and reasonable evidence of delivery, and there is an issue with the supply of your Goods, then we will investigate such issue and seek to resolve it as quickly as possible. Pending resolution, you must not withhold or set off payment to us in respect of any delivery (whether under investigation or otherwise), and each party must continue to carry out its obligations under this agreement pending resolution of the dispute;
d) if it is agreed that a particular method of handling or storing the Goods will be used, or a particular method, route or manner of carriage (whether by road, rail, sea or air) will be adopted, we will use all reasonable efforts to give priority to that method. However, if it cannot conveniently be adopted, you authorise us, in our absolute discretion, to direct the Transporter to facilitate the handling, storage or carriage of the Goods in such manner as it considers to be desirable or necessary in the circumstances;
e) we are authorised to arrange for delivery of the Goods to the Delivery Address in the Shipment;
f) if the Delivery Address is unattended or if delivery cannot otherwise be completed by the Transporter, the Transporter may in its discretion:
(i) deposit the Goods at the Delivery Address (which will be deemed to be due delivery under this agreement); or
(ii) store, or arrange for storage of, the Goods. If the Goods are stored by the Transporter, you are responsible for all costs and expenses incurred in relation to such storage, including any costs of redelivery, as may be notified to you as soon as reasonably practicable after we or the Transporter becomes aware that storage may be required; and
g) carriage of the Goods is at all times subject to the terms and conditions of the selected Transporter applicable at the time of the Shipment as notified to you. In no circumstances will we be liable for loss or damage howsoever occasioned while the Goods are in the care, custody or control of such Transporter.
6. Dangerous Goods
6.1 You must identify any Dangerous Goods as part of a Shipment Request. Such identification must include a full description of the Dangerous Goods as well as any applicable storage and delivery requirements.
6.2 We and/or Transporter(s) may refuse to facilitate carriage of, or refuse carriage of, Dangerous Goods or, subject to your prior written consent, we may impose additional fees and conditions upon the carriage of the Dangerous Goods.
6.3 You agree that you are liable for, and indemnify us from and against, all loss and damage whatsoever that may be caused:
a) by the Dangerous Goods to us, the Transporter or to any third parties whatsoever; and
b) as a result of the taking of any action as described in paragraph 6.4 below.
Such indemnity will not apply to the extent that our negligence or wilful misconduct contributed to the relevant loss or expense.
6.4 If in our and/or a Transporter’s opinion the Goods are, or are liable to become, Dangerous Goods or of a dangerous, inflammable, explosive, volatile, offensive or damaging nature (whether or not described as such by you), such Goods may at any time be destroyed, disposed of, abandoned or rendered harmless by us or a Transporter at your cost and without compensation to you.
7. Fees
7.1 You acknowledge that you have reviewed and accepted the Pricing Details at the time of placing a Shipping Request.
7.2 You further acknowledge that, in certain circumstances, there may be no available pricing at the time of you consigning Goods. In this case, we will communicate applicable pricing to you as soon as it becomes available.
7.3 You must pay us all Fees and charges due to us in accordance with this agreement within 14 days of the date of our tax invoice. You must pay the Fees and charges in full and must not withhold or set off any amounts specified in our tax invoice.
7.4 We will invoice the Fees on a weekly basis for services rendered unless otherwise agreed with you.
7.5 If you fail to comply with paragraph 7.3 above, all monies owing by you to us will immediately become due and payable by us providing notice to you, together with a valid tax invoice.
7.6 All outstanding monies that are due to us by you under this agreement will bear interest on daily balances from their due date until paid at the default rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic). In addition, you must also pay us for any costs incurred by us as a result of your default in payment, including legal costs, calculated on a solicitor client basis.
7.7 You are responsible to us for all our proper charges incurred for any reason, as set out in the Pricing Details. Without limiting the previous sentence, a charge may be made by us in accordance with our Pricing Details in respect of any delay experienced by a Transporter in loading or unloading Goods. Such delay period will commence upon the Transporter reporting for loading or unloading. Labour costs relating to the loading or unloading of Goods the subject of such delay will be at your expense.
7.8 For the purposes of paragraphs 7.9 to 7.10, “GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (as amended) (‘GST Act”) and expressions set out in italics bear the same meaning as those expressions in the GST Act.
7.9 Each amount, of whatever description, specified as payable under this agreement is expressed net of GST unless stated otherwise.In addition to the amount payable, the person making the payment must pay on demand the GST payable by the recipient of the payment in respect of that amount.
7.10 A party’s right to payment under paragraph 7.9 is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
8. Insurance
8.1 You are responsible for insuring the Goods to their full replacement value and we will not effect any insurance whatsoever unless otherwise expressly agreed in writing with you.
9. Warranties and indemnities
9.1 You warrant that:
a) you have complied with all laws and regulations relating to the nature, packaging, labelling or carriage of the Goods;
b) the Goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature;
c) you have the authority of the person(s) owning or having any interest in the Goods to accept the terms of this agreement and have the legal power and authority to enter into and perform your obligations under this agreement;
d) you validly exist under the laws of the place of incorporation of your entity (if applicable) and have the power and authority to carry on your business as conducted;
e) your execution and performance of this agreement will not violate any other agreement to which you are a party.
9.2 Except to the extent that the loss is caused or contributed to by us, you indemnify us in respect of any liability or loss suffered or incurred by us as a result of:
a) a breach of applicable law by you;
b) a breach by you of this agreement; and
c) any third party claims made against us arising from an act or omission by you.
10. Liability
10.1 We are not a common carrier and accept no liability as such. All Goods are carried or transported and all storage and other services are performed at your risk and subject only to this agreement and any separate carriage terms entered into by you and the relevant Transporter as contemplated under paragraph 4.2b).
10.2 To the extent permitted by law, we are not responsible, in tort, contract or otherwise, for any:
a) loss of or damage to or deterioration of Goods;
b) delay in delivery of Goods; or
c) except to the extent directly caused by us, failure to deliver Goods,
including chilled, frozen refrigerated or perishable Goods, and either in transit or in storage.
10.3 Despite anything else in this agreement neither of us is liable for any consequential or indirect loss arising in connection with this agreement and the Carriage Management Services, including without limitation any loss not arising naturally (i.e. according to the usual course of things) from the relevant breach, whether or not such loss may reasonably have been in the contemplation of the parties at the time they made this agreement or a Shipment as the probable result of the relevant breach, and includes loss of profits, loss of revenue, loss of goods, loss of business, or loss of opportunity.
10.4 To the maximum extent permitted by law, we accept no responsibility whatsoever for the loss of or damage to your Packaging nor do we accept any responsibility for the return of the Packaging or equivalent numbers of items of Packaging to you unless you book the return of any such Packaging as a separate Shipment.
10.5 Subject to paragraphs 8.1 and 10.1 to 10.4 but despite anything else in this agreement, our maximum aggregate liability under or in connection with this agreement is limited to the lesser of:
a) the supply of the Carriage Management Services again; or
b) the payment of the cost of having the Carriage Management Services supplied again.
You acknowledge that we do not provide you with any goods under this agreement.
11. Claims
11.1 Any claim relating to damage to or loss of the Goods or any part of the Goods must be notified in writing by you to us as soon as reasonably practicable and in any event within five (5) business days after delivery of the Goods was effected or would, in the ordinary course of business delivery, have been effected.We will promptly investigate such claim and use reasonable endeavours to liaise with the relevant Transporter however you acknowledge and agree that we are not responsible for any damage to or loss of the Goods.
12. Subcontractors
12.1 We may engage a subcontractor to perform the whole or any part of the Carriage Management Services and the Transporter may engage a subcontractor to deliver all or any part of a Shipment. We or the Transporter (as applicable) will remain responsible for the acts or omissions of any subcontractor engaged by us or the Transporter (as applicable), unless such subcontractor has entered into a direct agreement with you.
13. Non solicitation
13.1 Notwithstanding anything contained in this agreement, you, your servants or agents must not for the Relevant Period, without our prior written consent, directly or indirectly engage, employ or carry on business with any Transporter introduced or made available to you by us via the Platform or during the course of this agreement, or any subcontractor, contractor, agent or employee engaged or employed by us in relation to the carriage of Goods for you during the course of this agreement.
13.2 For the purposes of the above, “Relevant Period” means:
a) in relation to a particular Transporter, a period of three months starting on:
(i) the last date on which you engaged or could have engaged that Transporter via the Platform; or
(ii) the date on which you took steps to materially reduce the volume or orders placed by you through the Platform, (whichever is later); and
b) in relation to any subcontractor, contractor, agent or employee engaged or employed by us, a period of three months from the last date of use of the Carriage Management Services by you.
13.3 Paragraph 13.1 does not apply in relation to any of your existing relationships with Transporters.
13.4 You acknowledge that paragraph 13.1 is necessary to protect our legitimate commercial interests and our investment in the development of the Platform and the Carriage Management Services. If you breach paragraph 13.1 then you agree that you must pay to us as damages in an amount calculated as follows: Amount = an amount equal to the total Fees payable by you to us in the 6 months prior to the last date on which you used our Carriage Management Services.
14. Information management and use of Platform
14.1 You agree that you have obtained the Receiver’s consent to disclose the Receiver’s shipment details to us, including but not limited to their address, email and phone details.
14.2 You agree that you have read and understood our privacy policy available at https://tigfreight.com/privacy.
14.3 For the purposes of assessing your creditworthiness from time to time and the collection of payments, you irrevocably authorise us to make such enquiries as we deem appropriate, including but not limited to making enquiries for obtaining reports (as may be allowed by law) from persons nominated by you as trade referees, your creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (the Information Reporters).
14.4 You agree and consent to the Information Reporters providing us with such information, and to us disclosing the contents of any credit report or personal information to a credit reporting agency for the purpose of the credit reporting agency creating or adding to a credit information file in relation to you.
14.5 We may grant you access to our Platform in connection with this agreement.You must comply with the terms of use set out in this paragraph 14 in connection with access to and use of the Platform, and any other instructions of use that we make available to you from time to time relating to use of the Platform (whether notified through the Platform or otherwise).
14.6 Where we issue you with login credentials to access the Platform, you must use your best endeavours to protect such credentials against misuse and notify us of the need to suspend or change such credentials promptly after becoming aware of that need.
14.7 You must not:
a) distribute any part of the Platform for commercial purposes or make any part of the Platform publicly available;
b) modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Platform;
c) create derivative works based on the Platform;
d). transfer, assign, rent, lease, lend, sell or otherwise dispose of all or any part of the Platform and any compilation derived from the Platform;
e) use the Platform to store or transmit libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
f) permit any third party to access the Platform other than in accordance with this agreement;
g) attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Platform; or
h) remove any proprietary notices stored within the Platform.
14.8 You acknowledge that we and/or our third party licensors (as the case may be) own and retain all existing intellectual property in the Platform.
14.9 The Platform is provided on an “as is” and “as available basis”.While we will use reasonable endeavours to provide the Platform to you, you acknowledge that:
a) it may not be continuous or fault free and may not be available at times;
b) events which are outside our reasonable control may affect performance or availability of the Platform; and
c) it may contain errors or inaccuracies that could cause failures or loss of data and/or information (including from any device of yours).
15. Disputes
15.1 If a dispute arises under or in connection with this agreement, except as described in paragraph 15.7, a party may not commence any court, tribunal or other similar proceedings relating to the dispute unless it has first complied with paragraphs 15.2 to 15.6.
15.2 If either party believes that a dispute has arisen, it must provide written notice to the other party setting out details of the dispute (Dispute Notice).
15.3 There will be a period of 20 Business Days from the service of a Dispute Notice during which representatives of each party must participate in good faith negotiations to attempt to reach a written resolution regarding the dispute in the Dispute Notice.
15.4 Nothing in this paragraph is to be taken as preventing any party from seeking interlocutory relief in respect of such a Dispute.
15.5 Unless otherwise agreed between the parties, each party will bear its own costs of dispute resolution.
16. Force Majeure
16.1 If a Force Majeure Event occurs, the party affected (Affected Party) must notify the other party and provide full particulars of the circumstances giving rise to the Force Majeure Event.
16.2 For the purposes of this paragraph a Force Majeure Event is any event beyond the reasonable control of a party, and includes:
a) fire, flood, earthquake, cyclone or acts of God; and
b) strikes, industrial disputes, acts of war, terrorism, riots, civil disorders, rebellions or revolution, epidemic, pandemics, quarantines, embargos and other similar governmental action
16.3 For so long as the Force Majeure Event subsists, the Affected Party is not liable to the other party for any failure or delay in performing its obligations under this agreement (other than a payment obligation) to the extent it is affected by the Force Majeure Event, for the duration of the Force Majeure Event.
16.4 The Affected Party must:
a) use its reasonable endeavours to remove, overcome or mitigate the effects of that Force Majeure Event; and
b) keep the other party regularly informed as to the steps or actions being taken to achieve this.
16.5 If a Force Majeure event continues for more than 60 days, either party may suspend or terminate this agreement immediately by given written notice to the other party.
17. Miscellaneous
17.1 This agreement and any documents referred to in this agreement constitute the entire agreement between you and us and no understanding, arrangement or provision not expressly set out in this agreement (including any purchase order terms or similar provided by you) will be binding on either party in relation to the subject matter of this agreement.
17.2 This agreement does not create a relationship of employment, trust, agency or partnership between the parties.
17.3 No variation, modification or alteration of this agreement will be effective unless evidenced in writing and executed by both parties. In our case, the variation, modification or alteration of this agreement must be executed by our executive officer(s).
17.4 The failure of either party at any time to enforce this agreement or to exercise any right under this agreement does not constitute a waiver of such right or affect that party’s subsequent right to enforce such right.
17.5 If any provision or part of a provision of this agreement is held to be unenforceable or in conflict with the law of any relevant jurisdiction, such provision (or part provision) will be read down to the minimum extent necessary to render it enforceable and valid. If it cannot be read down, such provision (or part provision) will be severed from the remainder of the agreement which will otherwise not be affected by such severance.
17.6 This agreement is governed by and construed in accordance with the laws in force in Victoria and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria in respect of any proceedings in connection with this agreement.
17.7 Each of you and us consents to signatories and parties executing this agreement by electronic means. Where this agreement is electronically signed by or on behalf of a party, the party warrants and agrees that the electronic signature has been used to identify the person signing and to indicate that the party intends to be bound by this agreement.
17.8 This agreement may be executed by counterparts, all of which together constitute one instrument as if the signatures were on a single physical copy of this agreement in paper form. Each of you and us consents to the exchange of counterparts by email or other electronic means.
17.9 You may not assign, novate or otherwise transfer your rights and remedies under this agreement without our prior written consent.We may assign, transfer of novate this agreement by prior written notice to you and, if required, you will do all things reasonably required to give effect to such notice.
Last updated: March 2025