TERMS & CONDITIONS
Last Updated: 1 February 2025
1. Introduction
These Terms and Conditions govern the transport, freight, and logistics services provided by Nuriootpa Traders Pty Ltd. ABN 20 622 761 460 ("we," "us," "our") to our customers ("you," "your"). By engaging our services or using our website www.nuritraders.com.au, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.
We reserve the right to update these Terms at any time without prior notice. The latest version will always be available on our website.
2. Definitions
In these Terms:
"Agreement" means the contract between you and Nuriootpa Traders for the provision of services as outlined in these Terms.
"Carriage" refers to the transportation services we provide for your goods.
"Customer" includes the customer's representatives, agents, and employees.
"Consignee" means the person or entity receiving the goods.
"Consignor" means the person or entity sending the goods.
"Dangerous Goods" has the same meaning as in the most recent edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code).
"Force Majeure" means an event beyond our reasonable control that prevents us from fulfilling our obligations under this Agreement.
"Goods" refers to the items consigned for transportation.
"Services" encompasses all activities we undertake on your behalf, including collection, storage, transport, and delivery of goods.
3. Intellectual Property
All content on the Nuriootpa Traders website, including but not limited to text, graphics, logos, images, and software, is the property of Nuriootpa Traders and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any content on this website without prior written consent from Nuriootpa Traders.
4. Services Provided
Nuriootpa Traders offers:
Local and interstate freight transport
Bulk haulage services
Warehousing and distribution
We reserve the right to refuse or discontinue services at our discretion, including where the transport of goods is deemed unsafe, non-compliant, or outside our operational capacity.
5. Use of the Website
You may use the Nuriootpa Traders website for personal and non-commercial purposes in accordance with these Terms and Conditions.
You agree not to use the website for any unlawful or unauthorised purposes.
You must not engage in any activity that may interfere with the proper functioning of the website, including but not limited to introducing viruses, Trojans, or any other malicious code.
You must not attempt to gain unauthorised access to any portion of the website or any systems or networks connected to the website.
6. Booking and Freight Acceptance
Bookings must be made via bookings@nuritraders.com.au or by calling (08) 8562 2323 at least [insert timeframe] before pickup.
We reserve the right to reject bookings due to capacity, scheduling, or incorrect details.
Customers must provide accurate weight, dimensions, and descriptions of goods.
Any misrepresentation may result in additional charges, refusal of service, or liability for damages.
Freight must be securely packaged and labelled, ensuring compliance with safety standards.
7. Dangerous Goods
Customers must declare any Dangerous Goods in accordance with the ADG Code.
We may refuse to transport Dangerous Goods at our discretion.
If undeclared Dangerous Goods are discovered, we may take necessary actions, including disposal, and you may be liable for any resulting damages or costs.
8. Pricing, Payment, and Fees
All quotes are valid for [insert time period] from the date of issue.
Rates are determined by weight, dimensions, distance, and service type.
Payment terms: Invoices must be settled within [insert payment terms, e.g., 14 or 30 days].
Late payments may incur interest at [insert interest rate]% per month.
Additional charges apply for:
Waiting time if unloading exceeds the allocated timeframe.
Redelivery if the consignee is unavailable.
Storage fees for goods held beyond the agreed period.
Nuriootpa Traders reserves the right to suspend services for accounts with overdue balances.
9. Liability and Insurance
While all reasonable care is taken, we are not liable for loss, damage, or delays unless due to our negligence.
Our maximum liability per consignment is limited to [insert liability amount], unless otherwise agreed.
Customers must arrange their own insurance for high-value shipments.
We are not responsible for loss or damage caused by:
Acts of nature, extreme weather, or disasters.
Improper packaging or incorrect labelling by the sender.
Delays caused by road closures, customs inspections, or third parties.
Consignee mishandling the freight upon delivery.
10. Force Majeure
We are not liable for failure or delay in performing our obligations due to:
Natural disasters (fires, floods, storms)
Government restrictions or trade embargoes
Strikes, industrial disputes, or global crises
In such cases, services may be delayed or suspended without penalty.
11. Claims and Disputes
Any claims for loss, damage, or mis delivery must be submitted in writing within [insert timeframe] of delivery.
Claims must include:
Proof of Delivery (POD)
Evidence of damage (photos, supporting documents)
Invoice details and description of the issue
Nuriootpa Traders will investigate and respond within [insert timeframe].
Disputes will be resolved through negotiation or mediation before legal action.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Australia. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in South Australia.
13. Subcontracting
We reserve the right to subcontract all or part of our services.
Subcontractors are bound by the same terms and conditions outlined herein.
We are not liable for any acts or omissions of subcontractors beyond our control.
14. Indemnity
You agree to indemnify and hold harmless Nuriootpa Traders, its employees, agents, and subcontractors from any claims, liabilities, damages, losses, or expenses arising out of or in connection with:
Your breach of these Terms and Conditions.
Misrepresentation of the nature, weight, or dimensions of the goods.
Failure to declare Dangerous Goods.
Improper or inadequate packaging of goods.
15. Lien
Nuriootpa Traders retains a lien over all goods in its possession for outstanding charges, including freight costs, storage fees, and other unpaid amounts.
If payment is not received within [insert timeframe], we may sell the goods at auction or by private sale to recover costs.
Any surplus funds after deduction of expenses will be returned to the customer, while any shortfall will remain the customer’s responsibility.
16. Risk and Title
Risk in the goods passes to the customer at the point of collection or when goods are received into our care.
We are not responsible for any loss, theft, or damage to goods once they have been delivered to the consignee.
Title in the goods remains with the consignor until payment for services has been made in full.
17. Delivery and Unloading
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by unforeseen circumstances, including but not limited to traffic, weather conditions, or government regulations.
The consignee must be available to receive goods at the designated delivery location. If no one is available, goods may be returned to our depot, incurring additional storage and redelivery charges.
Where unloading is required, the customer is responsible for providing the necessary equipment and labour to facilitate unloading. If assistance is required from our drivers, additional handling fees may apply.
18. Storage and Warehousing
Nuriootpa Traders offers warehousing and storage solutions.
Storage charges apply for goods held beyond the agreed timeframe.
If goods remain uncollected after [insert timeframe], we may dispose of or sell the goods at our discretion.
We will take reasonable care in storing goods but accept no liability for loss or damage beyond what is covered under our standard insurance policies.
19. Customer Responsibilities
Customers must:
Ensure that goods are correctly and securely packaged for transport.
Provide accurate and complete documentation, including weight, dimensions, and handling instructions.
Ensure that deliveries can be received by the consignee without unreasonable delays.
Adhere to all applicable laws and regulations, including those related to Dangerous Goods transportation.
Accept full responsibility for any penalties, fines, or additional costs resulting from misdeclaration or non-compliance.
20. Limitation of Liability
Nuriootpa Traders will not be liable for any indirect, incidental, special, or consequential damages, including loss of profit, loss of revenue, or reputational damage.
Our liability for lost or damaged goods is limited to the lesser of the following:
The declared value of the goods.
The cost of replacement or repair.
[Insert liability cap] per consignment unless additional insurance has been arranged.
If a claim is made and accepted, compensation will be issued as a credit note against future services.
Nuriootpa Traders is not responsible for any delays in delivery resulting from:
Force majeure events, including natural disasters, government restrictions, or supply chain disruptions.
Delays caused by third parties, such as customs clearance or consignee unavailability.
21. Termination of Agreement
Nuriootpa Traders may terminate the service agreement if:
The customer fails to pay outstanding invoices within the agreed timeframe.
There is a breach of contract, including failure to comply with Dangerous Goods regulations.
The customer is involved in fraudulent or unlawful activities.
Customers may terminate their agreement with us by providing [insert notice period] written notice. Any outstanding payments must be settled before termination.
22. Force Majeure
We are not liable for any failure or delay in performing our obligations due to circumstances beyond our control.
Force majeure events include, but are not limited to:
Acts of God (fires, floods, earthquakes, severe weather).
Government actions, trade restrictions, or regulations.
Industrial actions such as strikes or lockouts.
Supply chain disruptions caused by war, pandemics, or terrorism.
In such cases, services may be postponed or cancelled without liability, and we will make reasonable efforts to notify affected customers.
23. Indemnity
The customer agrees to indemnify and hold harmless Nuriootpa Traders, its directors, employees, and subcontractors against all claims, losses, liabilities, and expenses arising from:
The transportation of goods that do not comply with legal or regulatory requirements.
Damage to property, injury, or death caused by the customer’s negligence.
Fines, penalties, or costs incurred due to misrepresentation or inaccurate documentation.
Any third-party claims arising from the use of our services.
24. Privacy Policy
Our Privacy Policy, available HERE, governs how we collect, store, and use personal information.
By using our website and services, you consent to the processing of your personal information as described in the Privacy Policy.
We do not sell or disclose customer information to third parties except where required by law.
25. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of South Australia.
Any disputes arising from or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of South Australia.
26. Subcontracting and Third-Party Services
We reserve the right to subcontract all or part of our services.
Subcontractors are bound by the same terms and conditions outlined in this Agreement.
We are not liable for the actions, omissions, or delays caused by subcontractors.
27. Amendments and Modifications
Nuriootpa Traders reserves the right to modify or update these Terms and Conditions at any time.
The most recent version will always be published on our website.
Continued use of our services after updates signifies acceptance of the revised terms.
28. Contact Information
For any questions or concerns regarding these Terms and Conditions, you can contact us at:
Nuriootpa Traders
11 Wildlife Rd, Nuriootpa SA 5355
(08) 8562 2323