Terms and Conditions –
Accident Transport & Logistics Pty Ltd trading as “Collision Towing & Recovery
- Parties
- The parties to the agreement are:
- The Owner:
- The Driver on behalf of the Owner, if the Driver is not the Owner;
- The authorising Police Officer on behalf of the Owner, if the Police Officer has to authorise the Towing and Related Services; and Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor.
- If the driver signs the Authority, the Driver:
- Acknowledges that the Driver has the authority to sign on behalf of the Owner;
- Guarantees the obligations of the Owner under these terms and conditions; and
- Indemnifies Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor for what would have been the Owner’s obligations under these terms and conditions should these terms and conditions not be enforceable against the Owner.
- Provision of Services
- Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor agree to provide the Towing and Related Services to the Owner.
- The Supplier will deliver the Vehicle to the Drop Off Address and no other, except by special arrangement, and only if all fees due and payable as a result of the provision of the Towing and Related Services are paid in full on, or before, the delivery.
- Fees and Payment
- Fees payable by the Owner to Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery for the Towing Related Services are specified in Accident Transport & Logistics Pty Ltd current schedule of fees, which is available on request from the Towing Contractor.
- Vehicles stored at holding yards may incur a daily storage fee.
- Towage service fees are calculated according to the time taken to tow the Vehicle from the Collection Address to the Drop Off Address, except to the extent that any delay is caused by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery or the Towing Contractor. If the Vehicle becomes bogged in the course of towing in accordance with the authority of the Owner, the cost of recovering the Vehicle shall be borne by the Owner.
- Fees are determined by the type of service (accident, trade, transfer), kilometres and difficulty. Each circumstance may vary. Cheques can be refused, but if payment is made by cheque, the cheque shall be collateral only and shall not discharge the
- Owner’s obligation to pay under this Contract until the cheque has been cleared by the drawer’s bank.
- Vehicles towed to home address must be C.O.D or will be taken to a holding yard where a daily storage fee will be
- Inter est on the over d ue amounts at the rate of 15% per annum simple interest; and
- An administrative fee of $50.00 for each reminder letter sent by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery seeking payment of an overdue amount
- Direct bank transfers must be cleared funds before the job is completed.
- Only authorised towing contractors authorised by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery are permitted to remove vehicles from the towing depot. Credit Card payments will attract a credit card surcharge to be applied to the total invoiced amount.
- Lien
- The Supplier may exercise a lien over the Owner’s vehicle until all monies due and payable by the Owner to Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery are paid in full.
- The lien shall not be extinguished if the Owner demands possession of the Vehicle or temporarily retakes possession of the Vehicle. The lien also extends to cover all monies owing by the Owner to Accident Transport & Logistics Pty Ltd, not just the money owing in respect to the Towing and Related Services performed by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery or the Towing Contractor since Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery or the Towing Contractor who last obtained possession of the Vehicle.
- Disposal of Uncollected Goods
- The Owner shall arrange collection of the Vehicle within 30 days of towing, failing which Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery may sell the Vehicle and apply the proceeds of the sale in satisfaction of any money owed to Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery by the Owner, without the need to advise the Owner, and the Owner appoints Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery as its attorney for the purpose of effecting such a sale. Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery shall make reasonable efforts to:
- Notify the Owner of the impending sale;
- and Aell the Vehicle for its market value.
- Any monies in excess of the outstanding debt shall be held in trust for the Owner and paid to the Owner within a reasonable time after the sale if the Owner can be contacted.
- Fees, Charges & Enforcement Expenses
- The Owner shall reimburse the Supplier for all reasonable fees and expenses incurred by the Supplier in connection with the recovery of overdue accounts and/or breaches and enforcement of these terms and conditions and/or lost profit and consequential loss and damage, including legal fees on a solicitor and client basis.
- Limitation of Liability
- The Supplier is not a common carrier and does not accept any liability as a common carrier and may refuse to transport the Vehicle for the Owner accept on these terms and conditions.
- Save and except to any rights and warranties not permitted to be excluded by law:
- The Owner acknowledges that no promise, representation or warranty or undertaking has been made or given by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery or the Towing Contractor in relation to the Towing and Related Services;
- The liability of Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor are limited to at the option of the Supplier the re-provision of the Services, or to any lesser liability permitted by the relevant law;
- Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor are not responsible for any delay, inconvenience or loss of any kind whatsoever by reason of any accident, breakdown or defect in any Vehicle or by reason of any similar cause;
- Storage by Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery pending receipt of instructions form the Owner of the Vehicle, Including and personal belongings left in the Vehicle, is entirely at the risk of the Owner: and
- Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor are not be liable for any consequential damage that may result from
- a breach of these terms and conditions by them or loss or damage suffered to the Vehicle during the provision of the Towing and Related Services.
- We accept no liability for any damage caused to the vehicle while towing, storing, as a result of theft or for any other reason whatsoever. Please remove all valuables.
- Due to liability we do not allow any other towing companies or tow truck operators to remove vehicles from our premises. Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery must remove the vehicle from our premises which may incur fee.
- Miscellaneous Provisions
- Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and the Towing Contractor may sub-contract all or part of these terms and conditions.
- The invalidity of enforceability of any one or more of the provisions of these terms and conditions will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
- These terms and conditions are governed by the laws of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.
- These terms and conditions incorporate by reference documents listed in these terms and conditions which the Supplier may amend from time to time.
- No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver, will any single or partial exercise of any right, power or remedy.
- Any notice may be served personally or be left at or sent by letter addressed to the other party at the party’s address specified in the Authority. If posted, the notice shall be deemed to be served 2 business days after posting. Notices sent by email shall be deemed to be duly given within 1 business day of receipt by the sender of a transmission report indicating successful transmission.
- Definitions
- In these terms and conditions:
- “Authority” means the Accident Transport & Logistics Pty Ltd trading as Collision Towing & Recovery and Salvage Authority on the reverse hereof which incorporates these terms and conditions;
- “Location” means collection address specified on the Authority;
- “Driver” means the driver specified on the authority;
- “Drop Off Address” means the drop off address specified on the Authority;
- “Accident Transport & Logistics Pty Ltd” means Accident Transport & Logistics Pty Ltd trading as
- Collision Towing & Recovery Service; “Owner” means the owner specified on the
- Authority;
- “Towing and Related Services” means any salvage, towing, yard handling, wheel changes, use of jinkers and storage in relation to the Vehicle:
- “Towing Contractor ” means the towing contractor reporting to Accident Transport & Logistics Pty Ltd;