Menu
Please read all the following conditions carefully and in their entirety. You will be bound by these conditions if we carry any Bike for you. Please note that:
If you and any consignee both require our transport services in connection with a business you are operating, these Australian Consumer Law guarantees do not apply and additional exclusions of liability apply and a cap on our liability per incident also applies (see clause 9). If you would like to negotiate a higher limit of liability per incident, you should contact us.
-----------------------------------------
1.1 In these conditions:
Accessories means any helmets, fairings or other Bike-related items that are to be supplied with the Bike, prior to the Carriage and any packaging or container associated with those items. ‘Accessories’ does not include the Bike itself.
Authority includes any legal or administrative authority exercising any jurisdiction within an Australian state or territory.
Bike means the motorcycle, moped or motorised scooter accepted by the Carrier from, or at the request of, the Consignor for Carriage.
Carriage means the whole of the operations and services undertaken by the Carrier or any person on behalf of the Carrier in respect of the Bike and any Accessories (whether gratuitously or not), including surveying the condition of the Bike, transporting, loading, unloading, handling, and storage of the Bike or Accessories, towing a trailer and the provision of any advice.
Carrier means Bikes Only Pty Ltd (ACN 686 913 682) trading under its own name or under any other business name.
Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state, the Road Traffic (Administration) Act 2008 (WA) and the Road Traffic (Vehicles) Act 2012 (WA) and any other Commonwealth, state or territory Law dealing with the obligations of parties involved in the transport of any goods by road.
Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; wasted expenditure; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; liquidated damages; punitive or exemplary damages; in each case arising from or in connection with the performance of the Carriage and whether or not foreseeable at the time of entering into any agreement incorporating these conditions.
Consignor means the person whose details are set out in the table that appears at the end of this document.
Dangerous Goods means goods (including any Bike or Accessories) that are or may become noxious, dangerous, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to harm any property whatsoever.
Force Majeure Event means any event beyond the reasonable control of the Carrier including acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, explosions, nuclear accidents, strikes, labour disputes and other industrial disturbances, any road closure or congestion of roads, any quarantine or customs restriction, epidemic or pandemic, cyber warfare, cyberattacks, ransomware attacks, cyber sabotage, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, machinery or equipment.
Interest means an amount calculated on any Outstanding Amount at the rate of 10% per annum, compounded annually.
Law means applicable statutes and any associated regulations, proclamations, rules, bylaws, requirements and approvals.
Outstanding Amount means any amount which remains unpaid upon the expiry of the credit terms extended by the Carrier or for which the Consignor is otherwise liable, pursuant to these conditions, to the Carrier.
PPSA means the Personal Property Securities Act 2009 (Cth).
Subcontractor includes any person who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of it.
1.2 In these conditions:
The Carrier is not a common carrier and will accept no liability as such. All Bikes and Accessories are carried and all Carriage is performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse the Carriage of any Bike for any person and the Carriage of any class of Bike or Accessories at its discretion.
3.1 The Carrier will:
3.2 The Carrier does not conduct any inspection of any mechanical component of any Bike, including fork seals.
3.3 The Carrier does not warrant or guarantee particular collection or delivery times for Bikes or Accessories.
3.4 The Carrier’s website at www.bikesonly.com.au includes policies and procedures that explain how bikes are loaded and unloaded, and the Consignor acknowledges that it has read and accepted these policies.
3.5 To the extent permitted by law, all conditions, guarantees, terms and warranties which would otherwise be imposed or implied into these conditions are excluded. Without limitation, this exclusion applies to any conditions, guarantees, terms or warranties of merchantability or of satisfactory quality applying to the Carriage.
3.6 If the Carrier, acting reasonably, considers that the Consignor has not complied with its obligations under these conditions or that to undertake Carriage may involve the risk of personal injury or damage to property (including to other bikes), the Carrier may:
4.1 The Consignor must:
4.2 The Consignor warrants that:
4.3 The Carrier relies on the details of description, quantity, weight, quality, value and measurements supplied by the Consignor but does not admit their accuracy.
4.4 The Consignor will indemnify the Carrier in respect of all losses, damages, expenses, claims, actions and proceedings or any other liability suffered or incurred by, or made or instituted against the Carrier arising from:
5.1 The Carrier will prepare a Pre-Transport Bike Inspection Report (Initial Report) and a Post-Transport Bike Inspection Report (Final Report) setting out the condition of the Bike and any damage to the Bike based on a visual inspection of the Bike from a distance of one metre.
5.2 When completing the reports in accordance with clause 5.1, the Carrier may take and retain photographs of the Bike but is not obliged to provide copies of these photographs to the Consignor.
5.3 The Consignor agrees to consider the Initial Report and the Final Report and to complete each report by signing or otherwise acknowledging in writing (including via any App used by the Carrier) to indicate that the report is accurate, or otherwise to indicate in what respects the report is inaccurate.
5.4 The contents of the reports prepared pursuant to this clause are prima facie evidence of the condition of the Bike, except in circumstances where the Bike cannot be properly inspected, including where:
5.5 If the Consignor makes a claim that a Bike has been damaged or destroyed while in the custody of the Carrier, the Consignor must, on request, permit the Carrier or any appointed agent or insurer of the Carrier, to inspect the Bike.
6.1 The Carrier will only accept for Carriage a Bike with which Accessories on the basis set out in this clause.
6.2 The Consignor is responsible for:
6.3 Any Accessories transported with a Bike are at the sole risk of the Consignor. The Carrier does not pack those Accessories or carry out any check or inventory of those Accessories or of their condition and therefore accepts no liability whatsoever for any loss of or damage to those Accessories that occurs during the performance of Carriage.
6.4 Accessories must not:
6.5 The exclusion of liability set out in clause 6.3 reflects the inherent risks associated with transporting Accessories and the difficulties associated with establishing the cause of any loss of, or damage to those Accessories. The exclusion of liability in clause 6.3 does not apply to the extent that any loss of or damage to the Accessories is caused by the Carrier engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
7.1 The Carrier, at its discretion, may subcontract on any terms the whole or any part of the Carriage.
7.2 If the Carrier subcontracts any Carriage, to the extent permitted by Law, the Carrier:
7.3 Every exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, defence and immunity applicable to the Carrier or to which the Carrier is entitled under these conditions will also be available to and will extend to protect:
7.4 For the purposes of clause 7.3, the Carrier is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and all such persons will to this extent be, or be deemed to be, parties to any agreement incorporating these conditions.
8.1 This clause applies if:
8.2 Where this clause applies:
9.1 This clause applies if:
9.2 To the extent permitted by Law, the Carrier will not, under any circumstances, be liable (whether in contract, tort, bailment or otherwise), for any:
whether in the course of Carriage or otherwise, unless the loss, damage, misdelivery, delay in delivery or non-delivery was caused by the proven negligence or wilful misconduct of the Carrier.
9.3 Any liability of the Carrier under clause 9.2 will be reduced proportionately to represent the extent to which the Consignor or any other person’s negligent or wrongful acts or omissions caused any loss, damage, misdelivery, delay in delivery or non-delivery of the Bike.
9.4 Notwithstanding any other provision of these conditions, to the extent permitted by Law, the Carrier will not be liable for any loss of or damage to a Bike:
9.5 Notwithstanding any other provision of these conditions, to the extent permitted by Law, the Carrier will not be liable, under any circumstances, for Consequential Loss.
9.6 Notwithstanding any other provision of these conditions, to the extent permitted by Law, the Carrier’s liability arising from any loss of a Bike or damage to a Bike, or mis-delivery, delay in delivery or non-delivery of a Bike, during the provision of Carriage is limited to the sum of $65,000 per incident.
9.7 For the purposes of this clause, ‘incident’ means any event which results in loss of or Damage to a Bike or Bikes or misdelivery, delay in delivery or non-delivery of a Bike or Bikes and all claims that result from the one original cause will be considered to have arisen from the same incident.
9.8 The limitation of liability set out in clause 9.6 does not apply to the extent that any loss of or Damage to a Bike is caused by the Carrier engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
10.1 Certain parts of Bikes, as set out in this clause, are inherently susceptible to suffer damage during the performance of Carriage. To the extent permitted by Law, the Carrier agrees to transport any Bike only on the basis that the Carrier is not liable for damage to those parts of a Bike as detailed in this clause, unless there is evidence of the Carrier’s negligence comprising visible impact damage to the Bike caused in an accident during the Carriage, and where that accident is demonstrated to have occurred as the result of the Carrier’s negligence:
10.2 The exclusion of liability set out in clause 10.1 reflects the inherent risks associated with transporting the listed items, and the difficulties associated with establishing the cause of any loss of, or damage to those items. The exclusion of liability in clause 10.1 does not apply to the extent that any loss of or damage to the items/Bike is caused by the Carrier engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
11.1 The Consignor authorises any deviation from the usual route or manner of Carriage of a Bike that may, in the opinion of the Carrier, acting reasonably, be considered desirable or necessary in the circumstances.
11.2 If the Consignor expressly or impliedly instructs the Carrier to use, or it is expressly or impliedly agreed that the Carrier will use a particular method of handling or storing a Bike, or a particular method of Carriage, the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier, the Consignor authorises the Carrier, acting reasonably, to handle, store or carry or to have the Bike handled, stored or carried by another method or methods.
12.1 The Carrier is authorised to deliver the Bike at the address nominated to the Carrier for that purpose. The Carrier will be deemed to have delivered the Bike if, at that address, it obtains from any person a receipt or signed delivery docket for the Bike.
12.2 If, without advance notice to the Carrier, the nominated place of delivery is unattended or if delivery cannot otherwise be effected by the Carrier or the consignee otherwise fails to take delivery of the Bike, the Carrier must attempt to contact the Consignor to obtain alternative instructions for delivery. The Carrier may make an additional charge for following the alternative instructions.
12.3 If the Carrier is unable to obtain alternative instructions that the Carrier can reasonably and practicably carry out, the Carrier may, at its option:
12.4 If the Bike is stored by the Carrier pursuant to clause 12.3:
If, in the opinion of the Carrier, acting reasonably, the Consignor has consigned any Dangerous Goods, those Dangerous Goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Consignor and without prejudice to the Carrier's right to charge for the Carriage.
Without prejudice to any other remedies the Carrier may have, if at any time the Consignor is in material breach of any obligation under any agreement incorporating these conditions (including those relating to payment), the Carrier may suspend or terminate the supply of Carriage to the Consignor.
15.1 In addition to any other rights of the Carrier under Law, the Bike and any Accessories are accepted subject to a general lien for all charges due or that may become due to the Carrier by the Consignor on any account whatsoever, whether in respect of the Bike or in respect of any other Bike for which the Carrier provides or has provided services of Carriage.
15.2 Without prejudice to any other rights the Carrier may have under Law, if charges remain unpaid for more than fourteen (14) days after they become due, or the Bike is not collected when required or designated, the Carrier may:
15.3 The parties agree that the lien arising under these conditions:
15.4 On request by the Carrier, the Consignor must promptly do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions is enforceable, perfected (including perfection by registration), maintained and is otherwise effective.
15.5 The parties agree that, to the extent permitted by the PPSA:
15.6 Terms used in this clause have the same meaning as under the PPSA.
16.1 The Consignor agrees to pay all sums due to the Carrier without any deduction, counterclaim or set-off.
16.2 The Carrier’s charges are due within the credit terms agreed in writing between the Consignor and the Carrier. If the Carrier has not agreed to any credit terms, the charges are payable on collection of the Bike. If the Consignor defaults in making any payment in accordance with these conditions, then all amounts owed to the Carrier will immediately become due and payable.
16.3 In addition to any other charges contemplated under these conditions, the Consignor is liable to pay:
16.4 The Carrier may charge the Consignor, in accordance with its schedule of rates, in respect of any delay occurring other than from the default of the Carrier. Such permissible delay period will commence upon the Carrier reporting for loading or unloading.
16.5 If the Consignor instructs the Carrier that the Carrier’s charges will be paid by the consignee or any other third party and the consignee or third party does not pay the Carrier’s charges within seven days of the date of delivery or attempted delivery of the Bike, the Consignor must pay such charges.
17.1 The Carrier will not be liable for any failure or delay in performance of the Carriage to the extent that such failure or delay is due to a Force Majeure Event affecting the Carrier.
17.2 If a Force Majeure Event causes the delay or non-performance of the Carrier’s obligations for 30 days or more, either party may, by notice in writing, immediately terminate any agreement incorporating these conditions.
18.1 Notwithstanding any other provision of these conditions (other than clause 19), to the extent permitted by Law, the Carrier will be discharged from all liability whatsoever in respect of any Bike unless written notice of a claim or an intended claim (together with particulars of the circumstances on which the claim is based) is given to the Carrier within 14 days from the delivery of the Bike or from the date on which in the ordinary course of business, delivery would have been effected.
18.2 The Consignor acknowledges that the purpose of clause 18.1 is to allow the Carrier an opportunity to promptly investigate the cause of any loss or damage. Clause 18.1 will not apply if the Consignor has a reasonable excuse for its failure to give written notice as required by that clause (having regard to the extent of any delay in giving that notice).
19.1 Notwithstanding anything contained in these conditions, the Carrier will continue to be subject to any terms, conditions, guarantees or warranties imposed or implied by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth or state legislation but only in so far as such legislation applies and prevents the exclusion or modification of any such term, condition, guarantee or warranty.
19.2 The Carrier, Consignor and consignee must comply with all Law, including Chain of Responsibility Law.
19.3 The Consignor must not impose any requirement on the Carrier that would directly or indirectly encourage or require the Carrier or any person on behalf of the Carrier to speed, drive while fatigued or otherwise perform the Carriage in an unsafe manner or in breach of Law.
20.1 The entire agreement between the parties is contained in these conditions and there are no other understandings, representations or agreements between the parties that are not set out in these conditions.
20.2 The Consignor acknowledges and agrees that these conditions set out the sole basis upon which the Carrier will provide Carriage to the Consignor. The supply or provision by the Consignor of any document setting out other, or alternative, terms will be of no legal effect and will not constitute a variation of these conditions or amount to a new contract or be part of these conditions.
20.3 The Carrier will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an authorised officer of the Carrier.
21.1 This agreement will be construed in accordance with the law in force in Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
21.2 The failure of a party to take action to enforce its rights under any agreement incorporating these conditions or the granting of any time or indulgence will not be construed as a waiver of the provision nor as a waiver of the right of the party at a later time to enforce its rights under any agreement incorporating these conditions.
21.3 Where the Consignor comprises two or more persons, an agreement or obligation to be performed or observed by the Consignor binds those persons jointly and severally.
21.4 If any provision of these conditions is invalid, illegal or unenforceable, that provision will, to the extent that it is invalid, illegal or unenforceable, be treated as severed from this agreement, without affecting the validity and enforceability of the remaining provisions.