NEDWAY DELIVERY SOLUTIONS - TERMS AND CONDITIONS

All contracts made between Wayne Pickert t/a Nedway Delivery Solutions ABN 61 720 084 477 and the Customer
relating to the Services are subject to the following Terms. The Customer will be taken to have accepted these
Terms if it places an order, accepts or pays for any Services from Nedway.

1. Definitions:
In these Terms, unless the context otherwise requires:
(a) “Acknowledgement” has the meaning given to it at
clause 3(a) ;
(b) “ACL” means the Australian Consumer Law
contained within the Competition and Consumer Act
2010 (C’th);
(c) “Consequential Loss” means loss of revenue, loss of
profit, loss of anticipated savings or business, loss of
opportunity (including opportunity to enter into or
complete arrangements with third parties), loss of
data or goodwill, loss of reputation, or any indirect or
consequential loss, whether arising in contract, tort
(including negligence) or otherwise, in connection
with this these Terms;
(d) “Customer” means the person or entity placing the
Order, or on whose behalf the Order is placed, with
Nedway;
(e) “Goods” means any goods (including artwork) or
other product that is accepted from, or on behalf of,
the Customer, together with containers, packages,
pallets, crates, cases and equipment for use in
connection with their storage, handling and carriage;
(f) “GST” means any tax imposed on the supply of any
goods, services, real or personal property or other
things or similar tax under the GST Law as defined in
section 195-1 of A New Tax System (Goods and
Services Tax) Act 1999, as affected or interpreted by
any other applicable legislation and any public or
private ruling of the Commissioner of Taxation, as at
that time;
(g) “Heavy Vehicle National Law” means the Heavy
Vehicle National Law Act 2012 and the Regulations
made under that Act, associated State and Territory
road transport Acts and Regulations, and includes
subsequent amendments to any of those Acts and
Regulations;
(h) “Order” includes any order, standing appointment,
and/or engagement, for the supply of the Services;
(i) “PPSA” means the Personal Property Securities Act
2009 (C’th);
(j) “Privacy Act” means the Privacy Act 1988 (C'th);
(k) “Services” means all of the services and operations
(including without limitation, cartage, transport,
storage and delivery) that Nedway undertakes in any
capacity (including without limitation, as forwarding
agent, shipping agent, forwarder, carrier or bailee) for
the Customer in respect of the Goods;
(l) “Nedway” means Wayne Pickert trading as Nedway
Delivery Solutions ABN 61 720 084 477; and
(m) “Terms” means these terms and conditions of trade.

2. Nedway is Not a Common Carrier:
The Customer agrees and acknowledges that Nedway is
not a common carrier and accepts no liability as such.
This means Nedway does not insure Goods, and
insurance is the Customer’s responsibility.

3. Orders:
(a) An Order can be made by the Customer in writing,
orally, or e-mail or other electronic transmission and is
accepted when:
(i.) the Customer receives an acknowledgment of the
Order from Nedway; or
(ii.) Nedway collects part or all of the relevant Goods
from the Customer,
whichever first occurs (“Acknowledgment”).
(b) These Terms apply to every Order unless otherwise
agreed in writing by Nedway. Without limitation,
acceptance of Goods by Nedway is conclusive
evidence that these Terms apply and are binding on
the Customer.
(c) The Customer will be taken to have accepted these
Terms if it places an order, accepts or pays for any
Services from Nedway..
(d) Nedway may set specific terms from time to time in
relation to Orders such as, without limitation, a
requirement that the Customer pay a deposit or make
full pre-payment in relation to an Order, even if
Nedway has previously agreed to extend the
Customer credit.

4. Quotations:
The Customer agrees that:
(a) formal quotations will be in writing unless otherwise
agreed by Nedway;
(b) Nedway shall not be bound by any quotation if an
order is placed outside the period of the quotations
validity noted thereon and in the absence of such
period being noted, 14 days from the date of the
quotation;
(c) prior to receipt of any order Nedway may withdraw or
amend a quote;
(d) Nedway shall not be bound by any quote if:
(i.) it forms the view that the subject matter of the
quotation is to form part of a larger transaction or
series of transactions with the Customer and
those circumstances have materially changed; or
(ii.) the Customer is in breach of these Terms; and
(e) a quotation is not be construed as an offer by, or an
obligation on, Nedway to supply Services and
Nedway may refuse to provide Services
notwithstanding the provision of a quotation.

5. General Customer Obligations:
The Customer must:
(a) make sure that the Goods are ready for pickup so
as to ensure that Nedway is not delayed in performing
the Services;
(b) arrange at the Customer’s cost, all necessary
labour and facilities to load and unload the Goods.
The Customer must make sure that such loading and
unloading complies with all relevant laws, workplace
and safety standards, and Nedway’s reasonable
directions; and
(c) not act in a manner which could adversely affect the
reputation of Nedway.

6. Instructions:
The Customer must provide Nedway with prior written
notice and instructions regarding any special handling
requirements for the storage and transport of Goods.

7. Payments:
(a) Payments are to be made to Nedway by the
Customer without deduction or set-off of any kind
either (at Nedway’s election) through electronic
means at the point of delivery (whether with or without
a deposit having been paid by the Customer) or within
7 days of date of Nedway’s invoice (as specified on
the invoice) unless otherwise agreed in writing by
Nedway. If the Customer fails to make payment in
accordance with this subclause, Nedway may without
limitation, exercise a general lien over, and power of
sale of, the Goods in accordance with these Terms.
The Customer may still be required to make payment
notwithstanding that Nedway sells or otherwise
disposes of the Goods.
(b) Nedway may apply a payment received from the
Customer to any amount owing by the Customer
(including part payment of an invoice, administration,
collection and other costs) in any order.
(c) Nedway may require the Customer to pay a credit
card surcharge (in addition to any payment) of up to
2% plus GST of the payment amount where the
Customer pays by credit card.
(d) The Customer must pay Nedway interest on overdue
accounts at a rate of 12% per annum calculated daily.

8. Dangerous Goods and Temperature Controlled
Goods:
(n) For the purpose of this clause “Dangerous Goods”
means:
(i.) Goods classified as such by the IATA Dangerous
Goods Regulations or the Australian Dangerous
Goods Code; or
(ii.) Goods that otherwise might injure or damage
people, property or the environment,
and includes, without limitation, goods that are or may
become poisonous, corrosive, volatile, explosive,
flammable or radioactive.
(a) The Customer must not deliver to Nedway, or cause
Nedway to deal with or handle, Dangerous Goods or
goods requiring temperature controlling.

9. Charges:
(a) Nedway’s charges to not include (unless otherwise
explicitly agreed in writing by Nedway), and the
Customer shall be and remain responsible for
payment to Nedway for, all its proper charges
incurred for any reason, including taxes, GST, duties,
levies, port fees, imposts, deposits or charges
incurred in respect of carriage or storage of the
Goods.
(b) The Customer is responsible for understanding
Nedway’s applicable rates and charges prior to
placing an Order as they are subject to change at any
time.
(c) All sales are made by Nedway at its then current
ruling price unless otherwise agreed in writing by
Nedway.
(d) Any discount offered by Nedway is at its complete
discretion and will only be available provided the
Customer is not in breach of any part of these Terms
or in default in any of its dealings with Nedway.
(e) Rates and charges are stated in, and payment must
be made in, Australian dollars unless otherwise
agreed in writing by Nedway.
(f) Nedway may impose waiting time charges in respect
of loading or unloading delays in excess of 30
minutes. Such delay period shall commence upon
Nedway reporting for loading or unloading.
(g) Notwithstanding any other provision of these Terms,
nothing will prevent Nedway from amending an
invoice at any time where it determines an error or
omission exists.
(h) The Customer must give prior written notice to
Nedway if any of the Goods are liable to port charges
or other supply chain costs and charges. The
Customer must pay such charges or, if agreed in
writing by Nedway, reimburse Nedway if it agrees to
pay those costs and charges on behalf of the
Customer.

10. Method of carriage:
(i.) The method or methods of handling, storing and/or
carriage of Goods adopted by Nedway will remain
at the sole discretion of Nedway; and
(ii.) the Customer authorises any deviation from the
usual route or carriage or place of storage of the
Goods which may in the absolute discretion of
Nedway, be deemed desirable or necessary in the
circumstances.

11. Provision of Services:
(a) Nedway will in no circumstances be liable for any
delay in delivery out of the Goods or in the delayed
supply of Services. On notification to the Customer,
Nedway reserves the right to extend the date for
delivery out of the Goods and the supply of Services.
(b) Provision of labour to load and unload the Goods
shall be the responsibility and expense of the
Customer unless other arrangements have been
made with Nedway in writing.
(c) The acceptance of Goods by Nedway for storage
pending shipment shall not bind Nedway to ship the
Goods.
(d) To the extent permissible at law, and subject to
repayment of any amount paid in advance, Nedway
may suspend or stop indefinity supplying the Services
at any time.

12. Removal of Goods:
Nedway may at any time by notice to the Customer,
require the Customer to remove the Goods from their
location of storage with the costs of such removal to be at
the Customers expense (whether in the case of non-
shipment or otherwise). If the Customer fails to remove
the Goods within 7 days of such notice, then without
limiting any other right of Nedway under these Terms or
at law, the Customer will be liable to pay Nedway’s
reasonable costs of storage from the date of such notice
until the date of their removal.

13. Delivery:
(a) The Customer authorises Nedway to deliver the
Goods at the address nominated to Nedway by the
Customer for that purpose.
(b) Subject to clause 13(c) , Nedway will be deemed to
have delivered the Goods in accordance with these
Terms if at that address it obtains from any person a
receipt or signed delivery docket for the Goods
whether in writing, electronic form, or otherwise.
(c) If the nominated place of delivery is unattended or if
delivery cannot otherwise be effected by Nedway,
then Nedway may, at its option, store the Goods. If
the Goods are deposited, the deposit shall be
deemed to be due delivery. If the Goods are stored
by Nedway, then the Customer must pay and
indemnify Nedway for all costs and expenses incurred
for such storage, and Nedway will be at liberty to re-
deliver the Goods from the place of storage at the
Customer’s expense.
14. Customer’s warranties:
The Customer warrants to Nedway that:
(a) the Goods are not subject to sanctions, illegal, or
contraband;
(b) it is either the owner of the Goods or the authorised
agent of the owner of the Goods with authority to bind
the owner to these Terms or otherwise has authority
to arrange for the carriage and/or storage of the
Goods under these Terms;
(c) the Goods will at all times be free of objectionable
matter or odours that may affect other Goods in
storage, unless such condition has previously been
notified in writing to Nedway and Nedway has
accepted the Goods in that condition;
(d) the Goods are sufficiently packaged to withstand
handling, transport and storage and are properly
labelled, except where Nedway has accepted
instructions to pack and/or label the Goods;
(e) the Customer has not asked Nedway to handle,
transport or store the Goods in any way that could be
unlawful;
(f) the actual handling, transport or storage of the Goods
in the usual course by Nedway will not be unlawful;
(g) a compliant container weight declaration will be
supplied where the Customer is to provide the
consignment documentation;
(h) it has accurately described and clearly marked the
Goods and has provided Nedway all necessary
instructions and information regarding the handling,
care and control of the Goods having regard to the
Goods’ nature and packaging; and
(i) it has complied with the requirements of all
applicable laws relating to the condition, nature,
packaging, handling, labelling, storage, and carriage
of the Goods and that it will provide Nedway (at the
Customer’s cost) with all necessary assistance,
information and documentation to enable Nedway to
comply with any of its obligations under such laws.
15. Heavy Vehicle National Law:
(a) The Customer acknowledges that Nedway will not
comply with any instruction by the Customer that:
(i.) might cause, or contribute to, a breach of the
Heavy Vehicle National Law; or
(ii.) prevents Nedway from taking all steps that it
considers to be reasonably necessary to prevent
any breach of the Heavy Vehicle National Law.
(b) The Customer agrees to meet its obligations (if any)
under the Heavy Vehicle National Law Chain of
Responsibility provisions.
16. Information and advice:
Any quotation, advice, representation or information
provided by Nedway to the Customer is done so solely
on reliance upon the particulars provided by the
Customer concerning the Goods and Nedway will not be
liable in tort, contract, statute or otherwise howsoever if
that quotation, advice, representation or information is
incorrect for any reason whatsoever.
17. Variation and Cancellation:
A variation or cancellation of any Order, Contract,
dealing or arrangement must be on terms agreed in
writing by Nedway and terms which indemnifies
Nedway for any loss as a result of such cancellation.
18. Insurance:
(a) It is the Customer’s responsibility to arrange for,
and maintain, insurance in relation to the Goods for
their full insurable value. Unless Nedway otherwise
expressly agrees in writing, the Goods are not
insured by Nedway and nor will insurance be
arranged by Nedway on behalf of the Customer.
(b) Nedway has no responsibility to ascertain whether
insurance has been effected by the Customer in
relation to the Goods.
19. Entitlement to open and inspect:
Nedway is entitled to open any document, package or
other container in which any of the Goods are placed or
carried to inspect the Goods to:
(a) render them safe;
(b) determine their nature;
(c) to determine their ownership;
(d) determine where any consignment note or
identifying document or mark is lost, damaged,
destroyed or defaced; or
(e) ensure that the Customer has complied with the
Terms.
20. Preservation of Goods:
Nedway may at the Customers cost, expend any amount
it considers necessary or desirable to preserve the
Goods or to secure the safety, storage, carriage, or
shipment of the Goods.
21. Indemnity:
(a) To the extent permissible at law (including under
the ACL), the Customer indemnifies Nedway, and
agrees to keep Nedway indemnified against any claim
or loss arising from or related in any way to any
contract or dealing between Nedway and the
Customer or anything arising there from, or arising as
a result of, or subsequent to, any breach of these
Terms by the Customer.
(b) The Customer indemnifies Nedway from and
against all claims, liabilities, costs (including legal
costs on a full indemnity basis), damage, payments,
fines, expenses, duties, taxes, imposts and other
outlays arising in connection with any person other
than the Customer being found to have any interest in
the Goods.
22. Force Majeure:
(a) Nedway will be released from its obligations under
these Terms to the extent that performance of the
Services is delayed, hindered or prevented due to
any event or circumstance beyond the reasonable
control of Nedway and whether foreseeable or not
including, without limitation, weather, industrial
action, breakdowns and accidents.
(b) Nedway will not be obliged to place the Customer’s
interests before Nedway’s commercial interests.
23. Insolvency:
If the Customer commits or is involved in any act of
insolvency (including, without limitation, bankruptcy,
liquidation, receivership, administration or the like) it will
be deemed in default under these Terms.
24. Privacy disclosure and consent:
The Customer authorises Nedway to:
(a) collect, use and disclose personal information of or
relating to the Customer in accordance with the
Privacy Act; and
(b) obtain credit information about its personal, consumer
and commercial credit worthiness from any bank or
trade referee disclosed in any an application for
commercial credit with Nedway completed by it and
provided to Nedway and from any other credit
provider or credit reporting agency for the purpose of
assessing its application, or in connection with any
guarantee given by the Customer.
25. Lien and Security:
(a) For the purpose of this clause, the terms
“proceeds”, “security interest” and “verification
statement” have the meanings given to them under,
or in the context of, the PPSA.
(b) The Goods are accepted by Nedway subject to a
general and particular lien for all charges due, or
which may become due, to Nedway by the Customer
in respect of the Services.
(c) Nedway will have the right to sell the Goods
(whether by public or private sale, auction or
otherwise) without notice, for any unpaid amounts
owing to Nedway by the Customer on any account. If
Nedway sells or otherwise disposes of Goods
pursuant to this clause 38(a), it does so as principal
and not as an agent or trustee.
(d) Where Nedway exercises its power of sale under
clause 25(c) , Nedway may at its option:
(i.) remove such Goods or part thereof and store
them in such place and manner as Nedway
determines at the risk and cost of the Customer;
(ii.) sell by public auction or private sale such Goods
or part thereof upon such terms as it deems fit
and apply the proceeds in or towards discharge
of the lien without being liable to any person for
any loss thereby caused; and/or
(iii.) dispose of abandoned Goods at the expense of
the Customer in any way Nedway deems fit and
without compensation being payable to the
Customer,
and the Customer must indemnify Nedway for all
costs incurred by Nedway in the exercise of these
rights. The exercise by Nedway of a right under
subclause 25(d)(i.) , (ii.) or (iii.) will not preclude it
from exercising the same or any other rights under
any of those subclauses.
(e) Nedway’s lien:
(i.) extends to include all costs and expenses of
Nedway exercising its lien, including without
limitation, the costs of sale; and
(ii.) together with other rights granted by this clause
25 will survive the delivery of the Goods and
Nedway will be entitled to retain the proceeds of
sale of the Goods in respect of any outstanding
amounts whatsoever owed to it by the Customer.
(f) From the time Nedway receives the Goods into its
custody, the Goods, and all of the Customer’s
present and future rights in relation to the Goods, are
subject to a continuing security interest in favour of
Nedway for the payment of all amounts owing from
time to time by the Customer to Nedway. Such
amounts include but are not limited for all freight,
demurrage, container detention charges, fines,
taxes, duties, penalties, debts, charges, expenses
and all other sums due and owing by the Customer.
In addition, the continuing security interest will cover
all the costs and expenses of exercising the lien,
including the costs of selling or otherwise disposing
of the Goods, legal costs and administration costs.
(g) The Customer agrees that Nedway may, at the
Customer’s cost, register its security interest in the
Goods, and all of the Customer’s present and future
rights in relation to the Goods, on the Personal
Property Securities Register established under
PPSA.
(h) Nedway is not required to give any notice to the
Customer or any other person (including a
verification statement) unless the notice is required
to be given by the PPSA and cannot be excluded.
(i) Without limiting clause 25(h) the Customer:
(i.) and Nedway agree pursuant to section 115 of
the PPSA that Sections 125, 142 and 143 of the
PPSA do not apply to these Terms; and
(ii.) pursuant to section 115 of the PPSA, waives its
right to receive any notice, details or other
document from Nedway under Sections 95,
121(4), 130, 135, 132(3)(d) and 132(4) of the
PSA.
(j) The Customer must not register a security interest
against Nedway without first providing Nedway with 7
days prior written notice.
(k) The parties agree that they will not disclose
information of the kind noted in section 275(1) of the
PPSA, except in circumstances required by sections
275(7) (b) to (e). The Customer agrees that it will only
authorise the disclosure of information under section
275(7)(c), or request information under section
275(7)(d), where Nedway has provided its prior
consent in writing.
(l) Nothing in clause 25 will prevent Nedway making
any disclosure it believes is necessary in order to
comply with its other obligations under the PPSA or
pursuant to law.
26. Limitation of Liability:
(a) Nothing in these Terms excludes, restricts or modifies
any guarantee, right or remedy conferred on the
Customer by the ACL, including without limitation,
provisions relating to unfair contract terms, or any
other applicable law insofar as they cannot be
excluded, restricted or modified by agreement.
(b) All:
(i.) warranties, representations, descriptions,
guarantees or conditions, whether they are
express or implied by law, trade, custom or
otherwise; and
(ii.) specific conditions, even though such conditions
may be known to Nedway,
are to the fullest extent expressly excluded subject
always to clause 26(d) .
(c) Goods will at all times be at the sole risk of the
Customer and, to the maximum extent permitted by
law, Nedway accepts no responsibility, and will not be
liable in tort (including negligence), contract, statute,
or as bailee, for any loss, damage, injury, delay,
incorrect delivery, deterioration, mis-delivery, non-
delivery or loss of any nature in respect of the Goods,
or arising out of or incidental to the provision of the
Services, including any direct, indirect, incidental,
special or Consequential Loss or damage, loss of
profits or anticipated profits, economic loss, or loss of
business opportunity, howsoever caused or arising, or
whether as a result of an authorised or unauthorised
act under the Contract, and whether caused by the
negligence, recklessness or misconduct of Nedway,
employees, agents, contractors or otherwise.
(d) If the exclusions of liability in clauses 26(b) or (c) are
in any way reduced, void or not available, then
Nedway’s liability for any delays, loss, cost, liability,
or expense arising out of these Terms (including
without limitation liability for breach of these Terms,
in negligence, in tort or for any other common law or
statutory action) will, to the extent permissible at law,
at Nedway’s election be limited to:
(i.) the supplying of the Services again;
(ii.) the payment of the cost of having the Services
supplied again; or
(iii.) the value of the Goods the subject of the Services
at the time the Goods were received by Nedway,
whichever is the lower.
27. Time Limitation on Claims:
(a) To the extent permissible by law (including the
ACL), Nedway will not be liable to the Customer for
any claims in relation to the Goods or the Services,
and Nedway shall be considered discharged of all
such liability unless:
(i.) Nedway receives written notice of such claim
within 14 days after the date specified in clause
27(b) (or within a reasonable time after that date
if the Customer proves that it was impossible to
so notify within that period); and
(ii.) legal proceedings are brought in the proper forum
and written notice of the same received by
Nedway within 6 months after the date specified
in clause 27(b) .
(b) For the purposes of clause 27(a) , the applicable
dates are:
(i.) the date of delivery of the Goods (in the case of
loss or damage to Goods);
(ii.) the date that the Goods should have been
delivered (in the case of delay or non-delivery of
the Goods); and
(iii.) the event giving rise to the claim (in any
other case).
28. No other warranties, representations etc.:
Except as expressly set out in these Terms or a Contract,
no other term, condition, agreement, warranty,
representation or understanding whether express or
implied in any way extending to or otherwise relating to or
binding upon Nedway is made or given except where
done so in writing and signed by an authorised officer of
Nedway.
29. No Consequential Loss:
To the extent permissible at law, Nedway will not be
liable to the Customer or any other person for
Consequential Loss howsoever caused.
30. Entire Agreement:
(a) These Terms constitute the entire agreement
between Nedway and the Customer with respect to
the Order. All prior negotiations, proposals, previous
dealings, correspondence, trade custom and/or trade
usage are superseded by and will not affect the
interpretation of these Terms.
(b) Any terms and/or conditions sought to be imposed by
the Customer upon Nedway will not apply unless
expressly agreed in writing by Nedway as overriding
or replacing these Terms.
31. General:
(a) Notices: Any notice under these Terms must be in
writing, and may be delivered, emailed or posted to a
party at their address or email address last notified by
them to the other party. A party may change its
physical address or email address for notices by
notifying the other party.
(b) Waiver: If a party elects not to exercise any rights
arising as a result of breach of these Terms, it will not
constitute a waiver of any rights relating to any
subsequent or other breach.
(c) No Merger: Termination of these Terms will not end
those provisions of these Terms that are capable of
surviving termination.
(d) Severability: If a provision of these Terms would
but for this clause, be unenforceable, that provision
must be read down to that extent necessary to avoid
that result and if that provision cannot be read down
to that extent, it must be severed without altering the
validity and enforceability of the remainder of these
Terms.
(e) Set-Off: Nedway will be entitled to set off against
any money owing to the Customer amounts owed to
Nedway by the Customer on any account
whatsoever. However the Customer may not set off
any amounts owing by Nedway to it against any
amount due by it to Nedway.
(f) Jurisdiction: These terms are governed by the law
in force in the State of Victoria and the parties submit
to the non-exclusive jurisdiction of the appropriate
Courts in or nearest Melbourne in that State.