1. Incorporation of the CRL Express Rates and Terms
- The rates, charges, surcharges, fees or levies for the Services and any special conditions as set out in the CRL Express Rates and Terms are incorporated into these terms and conditions as if it were set out in full. To the extent that there is any inconsistency in these terms and conditions and the CRL Express Rates and Terms the CRL Express Rates and Terms will prevail to the extent of such inconsistency.
2. Binding Terms and Conditions
- These terms and conditions govern the supply of Services by CRL Express to the Customer and are incorporated into every booking made for the supply of Services by CRL Express to the Customer, unless otherwise agreed in writing. Any bookings placed by the Customer constitute acceptance of these terms and conditions. These terms and conditions take priority over and will prevail to the extent of any inconsistency with any Application, the Customer’s terms and conditions and any terms and conditions set out in any Transport Document.
3. Not a common carrier
- CRL Express is NOT a Common Carrier. CRL Express and will accept not liability as such. CRL Express may refuse the carriage or transport of any class of Goods in its absolute discretion.
4. Request for Services
- All requests to make a booking for the supply of Services by CRL Express must be submitted to CRL Express in writing by email or via CRL Express’s online All requests for bookings must be submitted with sufficient, executable and reasonable instructions CRL Express is required to follow, including, but limited to:
- whether tailgate or hand unload is required;
- the description and particulars of the Goods including how to deal with and/or handle the
- Any information contained in a quotation provided by CRL Express applies to the specific item, weight and volume of the Goods quoted, designated Services and Standard or Services and is only valid for 7 days from the date of the
- CRL Express reserves the right to accept or refuse any requests for bookings for the CRL Express will communicate any non-acceptance.
- CRL Express will supply the Services at the rates and surcharges as set out in the Rates CRL Express Rates and Terms current at the time a request for booking is
- The Customer may only cancel bookings on terms that indemnify CRL Express for all claims and costs, losses, penalties, damages liabilities and expenses which CRL Express incurs in respect of that
- CRL Express will issue an invoice setting out the fees payable in respect of its Services to the Customer which will be calculated in accordance with the CRL Express Rates and Terms (as applicable from time to time), then applying at the time the request for booking is
- The fees payable by the Customer for the Services may include additional fees, charges and surcharges for the supply of Services depending on the nature of the Goods and It may include, but is not limited to, any additional charges in respect of any delay in connection with the Services which is not directly caused by CRL Express, Fuel Levy, late payment fees.
- CRL Express may re-weigh, re-measure or revalue the Goods at any time, and amend its fees payable in respect of the Services at its
- CRL Express is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to shipping and forwarding agents and insurance brokers whether declared or otherwise and no such brokerage, commission or allowance or other remuneration shall be payable or allowable to the
- All fees are exclusive of GST, unless otherwise indicated and GST is payable in The additional amount is payable at the same time and in the same manner as the first part of the consideration for supply to which the addi tional amount relates.
- CRL Express reserves the right to amend the rates, charges, surcharges, fees or levies including the Fuel Levy set out in the CRL Express Rates and Terms by giving the Customer 14 days’ notice of such If the Customer continues to request bookings for the Services after receiving 14 days’ notice of those amendments, such conduct will constitute acceptance by the Customer to be bound by CRL Express Rates and Terms, as amended.
- Credit terms will only be granted following receipt of an acceptable Application, with or without security. CRL Express may accept or reject the Customer’s Application in its reasonable
- If credit terms are granted to the Customer, the Customer must pay for the Services in full within 14 days of receipt of a tax invoice in respect of the Services, unless otherwise agreed or as set out in the The Customer must pay the full invoiced amount without set-off or deduction.
- If the Customer does not pay the full invoiced amount by its due date, then CRL Express may charge interest on any overdue amounts owing to CRL Express at the rate set out in the then current CRL Express Rates and Terms. Interest will accrue from the due date of payment until full payment of any outstanding amounts is made to CRL
- CRL Express may charge the Customer any collection fees and charges incurred by CRL Express in respect of any outstanding amounts owing by the
- Failure to make payment by the due date will also entitle CRL Express, to provide the Customer’s information to relevant credit agencies without further notice in accordance with its credit reporting policy crlexpress.com
- CRL Express may, at any time by notice in writing, suspend or terminate or vary the Customer’s approved credit limit if CRL Express reasonably believes that the Customer’s credit worthiness becomes If CRL Express suspends or terminates the Customer’s approved credit limit, the balance of the approved credit amount and any amounts incurred but not then billed to the Customer are immediately due and payable by the Customer within 30 days from the date of issue of such invoice.
- The risk in the Goods does not pass to CRL Express and will remain with the Customer.
8. Performance of the Services
- The Customer authorises CRL Express to determine the means, route and procedure to be followed in the handling, storage, distribution and/or transportation of the Goods
- The Customer authorises CRL Express to open any package containing Goods, and do any other thing in order to inspect or weigh the
- The delivery of the Goods is satisfied if CRL Express delivers the Goods to the delivery address as instructed by the Customer and a person at that address provides proof of receipt of such Goods or a delivery docket, except where the Customer instructs that such Goods can be delivered without obtaining a receipt of delivery
- If a person at the delivery address does not accept the delivery of Goods or the Goods cannot be delivered for any other reasons, the Customer authorises CRL Express to deal with the Goods at CRL Express’s reasonable discretion, including storing, disposing or returning the Goods at the expense of the
- CRL Express may, acting reasonably, deem that certain Goods are Dangerous Goods. CRL Express may, acting reasonably, destroy or otherwise deal with any Goods that CRL Express reasonably considers are Dangerous Goods without notice or compensation to the
- CRL Express will not be responsible for any damages, costs or loss incurred in connection with any delay in performing the Services or to carry out the instructions
- CRL Express may arrange and subcontract out all or any part of the Services provided to the
- All exclusions of liability under clause 14, extend to all sub- contractors, agents, employees and any other persons engaged by CRL Express to provide all or part of the
- The Customer undertakes that it will not make any claim against or impose any liability upon any subcontractor, agent, employee and any other persons engaged by CRL Express in connection with the provision of the Services or the Goods and will indemnify any subcontractor, agent, employee and any other persons engaged by CRL Express from and against any loss incurred by the such person, except to the extent that such loss was caused by the negligent act or omission of CRL
- Upon receipt of the Goods by CRL Express, CRL Express (and its contractors, servants or agents) will have:
- a special and general lien on the Goods; and
- a right to sell the Goods whether by public or private sale or auction without notice,
for all and any unpaid amounts owing by the Customer in respect of the Services whatsoever including any and all debts, charges and expenses or other sums due or which become due at any time by the Customer.
- CRL Express will retain constructive possession of the Goods and the lien and rights granted by this clause 10 will survive delivery of the CRL express is entitled to retain the proceeds of sale of the Goods in respect of all sums due and owing from the Customer.
- In this clause, capitalised words and phr ases have the same meaning as in the Personal Property Securities Act 2009 (Cth) ( PPSA).
- CRL Express will be deemed to have custody and possession of the Goods whether the Goods are in the actual physical custody and possession of CRL Express or any CRL Ex press’s subcontractors, servants or The Customer and CRL Express agree that CRL Express has possession of the Goods within the meaning of section 24 of the PPSA, even if the Goods are in the possession of the subcontractors, servants or agents of CRL Express.
- The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and CRL Express may, at the Customer’s cost, register a Security Interest in the Goods, and all the Customer’s present and future rights in relation to the Goods to secure payment of all amounts due and owing by the Customer under these terms and
- CRL Express must not without our prior written consent, create or attempt to create a Security Interest in re lation to the Goods, other than as set out in this these terms and conditions, provided this does not prevent the Customer from entering into a general security agreement with any financier in respect of any financial accommodation given to the
- Nothing in these terms and conditions is intended as an agreement that the Security Interest under these terms and conditions, attaches at a later time than the time specified in section 19(2 ) of the PPSA;
- For the purpose of section 115 of the PPSA, the f ollowing sections of the PPSA do not apply to these terms and conditions: sections 95, 118, 121 (4), 125, 130, 132 (3)(d), 132(4) and 135; and
- Nothing in these terms and conditions are intended as an agreement to subordinate any Security Interest that the Customer has in any Collateral in favour of any other
- The Customer irrevocably authorises CRL Express and its agents to:
- apply for any registration or give any notification, in connection with any Security Interest in relation to the Goods and/or the Services created under these terms and conditions;
- complete any blanks in any other document associated with these terms and conditions, including any Financing Statement or Financing Change Statement; and
- do anything else required to obtain registration of the Security Interest created under these terms and conditions, including any requisitions concerning lodgement.
- The Customer waives its right to receive a copy of the verification statement confirming registration of a financing statement or f inancing change statement relating to the security interest granted under these terms and
- The Customer is responsible for insuring the Goods and must, upon the request of CRL Express, provide evidence of the existence of such
- On request by the Customer, CRL Express may, in its absolute discretion, arrange insurance in respect of the
- Without limiting clause 12 (b), CRL Express will not arrange insurance of the subject Goods unless the Customer provides instructions in writing and a written declaration of the value of the Goods before the Goods are delivered to or otherwise collected by CRL
- Any insurances arranged by CRL Express is at the expense of the Customer and CRL Express may charge an administration fee for arranging the
- CRL Express is not liable for and the Customer releases CRL Express from any liability in respect to any insurance arranged for the
13. Customer Warranties
The Customer warrants that:
- it is the owner of the Goods, or is the authorised agent of the Goods;
- it is authorised to complete and sign any documents in respect of the Goods and enter into these terms and conditions on its own behalf or in its capacity as agent of the owner of the Goods;
- it has in place adequate insurance coverage in respect of the Goods;
- all information and documentation provided by the Customer to CRL Express contains all requested or material information, is accurate and complete;
- it has complied with all laws relating to the Goods, including the nature, condition, packaging, handling, storage and carriage of the Goods;
- it will observe and comply with all applicable laws and requirements of Authorities;
- it will not procure CRL Express to perform any act in breach of any laws or regulations;
- the Goods are packed in a proper way to withstand the ordinary risks of importation, exportation, handling, transport, and storage having regard to the nature of the Goods;
- the Goods are not Dangerous Goods, unless CRL Express has agreed in writing to provide the Services in respect of those Dangerous Goods, in which case, the Customer warrants that it has made full disclosure in respect to the Dangerous
14. Limitations of Liability
- Subject to those consumer guarantees and rights that cannot be excluded by law ( non-excludable rights), to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our Services are excluded, except as expressly set out in these terms and
- To the extent permitted by law, (including the provisions of the ACL in relation to “ major failures ”), our liability for breach of any consumer guarantees and non-excludable rights is limited at our option to any one or more of the following:
- in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
- in the case of services – supplying the services again or by paying the cost of supplying the services
- The Customer agrees that CRL Express is not liable for, and to the fullest extent permitted by law, releases and indemnifies and will keep indemnified CRL Express from all claims, loss or damage (including legal costs and expenses) that the Customer may suffer whether arising from and in connection with the Goods and the provisions of the Services or a breach of these terms and conditions except to the extent that it was directly caused by the negligence or wilful act or omission of CRL
- Subject to clauses 14(a) –(c) inclusive, the total cumulative liability of CRL Express under or in any way connected with any individual contract for the supply of Services to which these terms and conditions is limited to the value of the Goods at the time the Goods were received by CRL
- If the Customer:
- fails to pay for the Services in full by the due date,
- becomes unable to pay its debts as and when they fall due,
- has a receiver, manager, administrator, liquidator or trustee in bankruptcy appointed over the whole or any part of your business or assets,
- receives a summons to wind up your company or your resolve to wind up your business, or
- breaches these terms and conditions and does not remedy that breach within 14 days’ notice (“ Event of Default ”)
- the date for payment of all moneys owing and outstanding to CRL Express, irrespective of whether the due date as per the invoice has passed, will accelerate and become immediately due and payable;
- CRL Express may invoice the Customer for the value of any Service supplied and other out of pocket expenses incurred, but not yet invoiced, which such amounts will be immediately due and payable upon issue of our tax invoice;
- CRL Express may cancel or suspend any unfilled requests or suspend the supply of further Services to the Customer;
- CRL Express may cancel the Customer’s credit account with immediate effect upon giving written notice to
- Any failure or delay by CRL Express in exercising a right, power or privilege available to it under these terms and conditions will not operate as a waiver or variation of such right, power or privilege nor will the exercise by CRL Express of any other right, power or privilege prevent us from exercising any other rights, powers or privileges available to
- If any part of these terms and conditions is held to be void and unlawful, these terms and conditions will be read and enforced as if the void or unlawful terms have been
- If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time but only to the extent that compliance is prevented or
- These terms and conditions can be varied by agreement between the Customer and CRL CRL Express may vary these terms and conditions by giving 14 days’ notice to the Customer. If the Customer continues to place bookings for the Services of CRL Express after receiving 14 days’ notice to amend these terms and conditions, such conduct will constitute acceptance by the Customer to be bound by these terms and conditions as amended.
- The Customer may only assign or novate its rights and obligations under these terms and conditions with the prior written consent of CRL
- Any notice given under these terms and conditions must be in
- These terms and conditions are governed and construed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of New South
- “Application” means the Credit Application for a Business Account Form which has been completed by the Customer and submitted to CRL
- “Carrier” means CRL Express Pty Ltd ABN 84 624 958
- “Customer ” means the person(s) or entity named in the Application and to whom the Services are provided.
- “CRL Express Rates and Terms ” means the proposal document published by CRL Express and provided to the Customer which sets out the rates, charges, surcharges, fees or levies which are chargeable to the Customer in respect Services, as amended from time to
- “Dangerous Goods ” means any Goods are or may by law be illegal, dangerous, hazardous, explosive, volatile, explosive, flammable, radioactive, likely to harbor or encourage vermin or pests or capable by their nature of posing a risk or causing damage or injury to other Goods, property or
- “Fuel Levy” means the fuel levy charged in addition to the Fees for the Services as set out in the CRL Express Rates and Terms, as amended from time to
- “Goods” means the goods, including any containers, packaging or pallets or any related Transport Documents, the subject of the Services provided to the
- “Services” means the work performed by CRL Express for the Customer in relation to the Goods, including facilitating the import, export, transport, storage, or distribution of the Goods and all other ancillary acts in relation to the Goods as described in any Invoice, quotation, purchase order, proposed or any other form provided by CRL Express to the
- “Transport Documents ” includes a bill of lading, way bill, consignment note or any other carriage document