Terms and Conditions of Carriage

• “We”, “us”, “our”, “Tasman Freight” means TASMAN FREIGHT QLD PTY LTD (ABN 86 670 406 372).
• “You”, “the customer” means the business or person that books a consignment with us or on whose behalf a consignment is booked.
• Consignor means the party that presents the goods for carriage at pickup.
• Consignee means the party to whom the goods are to be delivered.
• Consignment means the goods tendered to us for carriage under a single booking.
• Portal means the Tasman Freight customer and driver portal at tasmanstarfreight.com.au.
• POD means proof of delivery, comprising a delivery photograph and where practicable a signature.
• Business day means any day other than a Saturday, Sunday or public holiday observed in Brisbane, Queensland.

A booking is taken to be accepted by us when we issue a booking confirmation to you, or when a driver collects the goods, whichever happens first. Your submission of a booking through the portal is an offer; acceptance is at our discretion.

Quotations are valid for 14 days unless otherwise stated, and are based on the cargo type, quantity, weight and dimensions you declare. If those details change, the quoted price may change. We may adjust pricing on a booking if declared details do not match the goods presented at pickup.

You agree that:

• you have authority to offer the goods for carriage, and the descriptions, weights, dimensions, cargo types and special-handling notes you provide are accurate;
• the goods are properly packed, labelled, palletised and secured for road freight, and are fit for the journey and storage temperature stated;
• you have complied with all laws applicable to the goods, including food-safety, export, quarantine and biosecurity laws;
• you will ensure a responsible person is available at the pickup and delivery addresses within the notified windows;
• any access, dock, forklift, cold-room or time restrictions at pickup and delivery are declared to us in writing before pickup.

You indemnify us against any loss, damage, fine or third-party claim caused by your failure to comply with this clause, except to the extent it results from our negligence or wilful misconduct.

We do not carry, and you must not tender, goods that are:

• dangerous goods classified under the Australian Dangerous Goods Code, unless we have expressly agreed in writing to carry them and you have complied with every applicable packaging, labelling and documentation requirement;
• illegal, stolen, counterfeit, or the proceeds of crime;
• live animals, human remains, currency, bullion, precious stones, negotiable instruments, or artworks, unless we have separately agreed in writing;
• goods whose carriage would expose our staff or fleet to unreasonable risk.

If goods in this clause are tendered without our written agreement, we may at our discretion refuse carriage, unload, return at your cost, quarantine, or (if required by law) hand the goods to the relevant authority. Any costs we incur because of a breach of this clause are payable by you.

We operate refrigerated linehaul with temperature-set ranges nominally between −20 °C and +4 °C. Where you book a refrigerated service:

• you must present goods already at the required temperature (we are a carrier, not a blast-chiller) and have them loaded promptly;
• you must declare the correct temperature set-point, and any pre-cooling or dunnage requirements, at the time of booking;
• we will set the reefer unit to the declared set-point and record the trailer temperature while the goods are in our possession;
• we do not accept liability for temperature deviation caused by incorrect declaration, inadequate pre-cooling, inadequate packaging, prolonged loading or unloading delays beyond our control, or the consignee’s refusal to accept the goods on arrival.

We will use reasonable efforts to pick up and deliver within any agreed window. Times given are indicative only and are not of the essence, unless we have accepted a written time-critical booking at an agreed premium.

If, on arrival, pickup or delivery cannot proceed because of circumstances outside our control (for example, an absent consignee, closed dock, refused access, or incorrect address), we may return or redeliver the goods at your cost. Reasonable waiting-time and re-delivery charges may apply.

Where the consignee is not on site, we may deliver to a nominated safe location at the address (for example, a cold room, loading dock or reception), subject to the consignee’s prior instructions. A POD photo captured at the nominated location stands as delivery.

On delivery we will capture a timestamped photograph of the goods in place and, where practicable, a signature from the person receiving them. The POD will be made available through the portal and, where configured, emailed to you.

If the consignee believes goods are damaged, short, or otherwise not as expected, they must note this on the POD at the time of delivery where reasonably possible. A clean POD is evidence that the goods were delivered in apparent good order.

Unless we have granted you a written credit account, all charges are payable in advance or on delivery. Where we have granted credit, the payment term is 14 days from the date of our tax invoice, unless otherwise agreed in writing.

All prices are in Australian dollars and, where applicable, are exclusive of GST unless stated otherwise. We may charge:

• fuel, temperature, tolls, re-delivery, waiting-time, dunnage and lift-gate surcharges at cost or at rates advised in advance;
• overdue-payment interest at 2% per month (or part month) on unpaid amounts from the due date;
• reasonable debt-recovery costs, including legal and mercantile-agent fees.

You may not withhold or set off any amount against our invoices on the basis of a disputed claim. Disputed items must be notified in writing in accordance with clause 11 and will be resolved under that clause while undisputed amounts continue to be paid on time.

Subject to the consumer-law callout at the top of this page, our liability for any loss or damage to goods in our possession is limited as follows:

• our maximum liability for loss or damage is the lower of (a) the reasonable repair or replacement cost of the goods and (b) the declared value at the time of booking, in each case capped at [TO CONFIRM with insurer] per consignment;
• we are not liable for consequential, indirect, economic or special loss, including loss of profit, loss of contract, loss of market, or loss of goodwill, however caused;
• we are not liable for inherent vice (defects, decay or characteristics in the goods themselves), for inadequate packaging or labelling by the consignor, or for temperature deviation caused by any of the circumstances described in clause 5;
• we are not liable for any loss or damage caused by your or the consignee’s breach of these terms, or by an event of force majeure under clause 13.

Where a liability cap in this clause would be void under a non-excludable law, that law applies and our liability is limited to the maximum extent permitted by it.

We hold public liability insurance and carrier’s liability insurance in the amounts set out in our current insurance certificates, copies of which are available on request. The policies are held with [TO CONFIRM: insurer name] with cover of [TO CONFIRM: AUD amount] public liability and [TO CONFIRM: AUD amount] carrier’s goods-in-transit liability per event.

Our carrier’s liability insurance is not a substitute for cargo insurance taken out by you as owner of the goods. We strongly recommend you arrange your own transit insurance, particularly for high-value or highly perishable consignments.

To make a claim for loss, short-delivery or damage:

• note any visible issue on the POD at the time of delivery where reasonably possible;
• notify us in writing as soon as reasonably practicable, and in any event within 7 days of delivery (or, for non-delivery, within 21 days of the expected delivery date) — email wholesale@tasmanstarseafood.com with the subject line “Freight claim”;
• retain the goods and packaging for inspection, and provide (within 30 days of our request) supporting documents including the invoice for the goods, photos, the POD, and any third-party inspection reports.

Claims lodged outside these timeframes may be rejected. We will acknowledge your claim within 7 business days and aim to provide a decision within 30 business days of receiving the information in the list above.

We have a general lien over all goods and documents in our possession for all amounts owing by you to us, whether in respect of the current consignment or any other consignment, account balance or service. If amounts remain unpaid for more than 30 days after the due date, we may, after giving you reasonable written notice, sell the goods by public or private sale and apply the proceeds to the unpaid amount, any storage or recovery costs, and the cost of sale, accounting to you for any balance.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, floods, bushfires, storms, pandemics, strikes or industrial action not involving our own workforce, road or port closures, fuel shortages, acts of any government or authority, and cyber incidents affecting critical infrastructure. If a force-majeure event continues for more than 14 days, either party may cancel the affected consignment in writing, without liability other than for charges incurred up to the date of cancellation.

We may subcontract any part of the carriage to another carrier we select. Where we do, these terms continue to apply as between us and you. Our subcontractors, employees and agents have the benefit of the exclusions and limitations in these terms as if they were a party to them (a so-called Himalaya protection).

We handle personal information in accordance with our Privacy Policy. By booking a consignment, you confirm that you are authorised to provide any personal information contained in the booking (including consignee contact details), and that you have told the person it concerns how that information will be handled.

These terms are governed by the laws of the State of Queensland, Australia. You and we submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them for any dispute arising out of or in connection with these terms or a consignment. Nothing in this clause limits either party’s right to seek interlocutory relief in another jurisdiction.

We may update these terms from time to time. The “last updated” date at the top of the page shows the current version. The terms in force at the time you book a consignment apply to that consignment.

Questions about these terms, a booking or a claim: