Terms & Conditions

EMC OPERATIONS: TERMS & CONDITIONS

1. Non-Common Carrier

EMC Operations (hereinafter referred to as "the Carrier") is NOT A COMMON CARRIER and accepts no liability as such. The Carrier reserves the right to refuse carriage or transport of goods for any person, corporation, or company and to determine at its discretion the carriage or transport of any class of goods.

2. Compliance with Laws(a) The Consignor warrants that all goods comply with applicable laws regarding their nature, condition, and packaging. Any costs incurred by the Carrier in complying with these laws or regulations (including those set by any authority) shall be borne by the Consignor.(b) If any goods are subject to customs control, the Consignor agrees to indemnify the Carrier against all customs duties, excise duties, and related costs.

3. Limitation of Liability

The Carrier shall not be liable for any loss, damage, deterioration, misdelivery, or delay in delivery of goods, including perishable goods, either in transit or storage, whether due to negligence or any other cause.

4. Consequential Loss

The Carrier is not liable for any loss of market, loss of use, consequential loss, concealed damage, or damage caused by the inherent nature of the goods.

5. Insurance

The Consignor must arrange their own insurance cover. EMC Operations will not arrange insurance and accepts no liability for uninsured consignments.

6. Freight Charges

Freight charges are deemed earned once heavy haulage or mobile equipment is loaded and dispatched, regardless of whether the goods reach their final destination.

7. Payment Terms

(a) The Customer must pay the Carrier’s charges for its Services, which are earned as soon as the Goods are received by the Carrier for carriage and/or storage. No refunds will be provided except in accordance with clause 27.

(b) The Customer may arrange for a third party to pay the Carrier’s charges; however, the Customer remains liable for payment. If the Customer is not informed that payment is required upon receipt of the Goods by the Carrier, payment must be made within seven (7) days. Payment remains due regardless of loss, damage, or destruction of Goods.

(d) Additional freight charges may apply for Goods as outlined in clauses 10.2 or 10.4.

(e) The Carrier may charge based on weight, measurement, or value and reserves the right to reweigh, remeasure, or revalue the Goods at any time. If any increase in these factors is identified, the Carrier may adjust the charges proportionally and claim additional costs incurred due to incorrect weight, measurement, or value.

(f) Additional reasonable charges may be applied if:

The Carrier or Subcontractor performs Services beyond those originally quoted.
Delivery is delayed due to reasons outside the Carrier’s control.

(g) The Customer is responsible for reimbursing any costs incurred by the Carrier or its Subcontractors related to the Goods or their carriage, excluding payments for subcontracting the carriage.

(h) Claims for overcharges, except for mathematical errors, must be made in writing within 21 days of the invoice date.

8. Weight & Measurement Charges

Freight charges are based on the weight, dimensions, or declared value of heavy haulage and mobile equipment. The Carrier reserves the right to re-weigh, re-measure, or re-value the goods at any time and adjust charges accordingly.

9. Consignment Authorization

The person delivering goods to the Carrier is deemed authorized to sign on behalf of the Consignor.

10. Jurisdiction

These terms are governed by the laws of Western Australia, and any legal proceedings shall be conducted in that jurisdiction.

11. Delivery Conditions

If goods are unavailable for delivery during normal trading hours, additional charges may apply.

12. Intermediate Deliveries

The Carrier will only deliver at intermediate points by special arrangement.

13. Subcontracting

The Carrier is authorized to arrange carriage via subcontractors and is not liable for their actions.

14. Third-Party Liability

Any exclusion or limitation of liability benefits the Carrier’s employees, subcontractors, and affiliates.

15. Exemptions from Liability

All liability limitations apply, regardless of breach of contract by the Carrier.

16. Declaration of Hazardous Goods

The Consignor must declare and fully describe hazardous goods in writing. Additional charges may apply.

17. Packing Responsibility

The Carrier is not liable for damage to goods resulting from inadequate packing, whether packed by the Carrier or Consignor.

18. Method of Carriage

The Carrier reserves the right to determine the method of transport, despite any instructions from the Consignor.

19. Consignor’s Warranty

The Consignor warrants they are the owner or authorized agent of the goods and accepts these terms on behalf of all relevant parties.

20. Variation of Terms

Any variations to these terms must be in writing and signed by an authorized representative of the Carrier.

21. Consumer Protection Laws

Any contract for transporting goods for non-business purposes is subject to consumer protections under applicable Australian laws.

22. Warranty Cover (Optional)

EMC Operations may offer warranty cover for loss or damage, up to $500, for an additional charge. Warranty claims are subject to adequate packaging and must be made within 24 hours of delivery.

23. Claims & Disputes

If EMC Operations is responsible for loss or damage (per written agreement), claims must be lodged in writing within 24 hours of delivery.