TNQ Transport's Standard Trading Conditions — the master legal terms for every freight booking.
These Standard Trading Conditions (STC) apply to every contract for the Services between TNQ Transport and the Customer. By booking, by tendering Goods, or by signing or accepting a Consignment Note that refers to these Conditions, the Customer accepts these Conditions.
"Carrier", "we", "us" — TNQ Transport (ABN 49 648 601 843), its servants, agents and Subcontractors. "Customer", "you" — the person tendering or receiving Goods or instructing the Services, including the consignor, consignee and owner, and anyone acting with their authority. "Goods" — the items accepted for the Services, including packaging, pallets and unit-load devices. "Services" — carriage, pickup, delivery, loading/unloading assistance, wet hire and handling of Goods. The Carrier does not offer storage or warehousing as a service (clause 13). "Subcontractor" — any third party (other than the Carrier) the Carrier engages to perform or assist with any part of the Services. "Consignment Note" — the per-shipment record (paper or electronic), including the booking confirmation. "Charges" — the price for the Services plus all surcharges, adjustments, taxes and recoverable costs under these Conditions. "Dangerous Goods" — anything classified under the ADG Code edition 7.9 or later, or anything noxious, hazardous, explosive, radioactive, flammable, corrosive or capable of causing harm to people, property, animals or other goods. "Valuables" — bullion, currency, coins, precious metals or stones, jewellery, antiques, works of art, prototypes, original manuscripts, securities, or irreplaceable electronic data. "HVNL" — the Heavy Vehicle National Law (Queensland). "PPSA" — the Personal Property Securities Act 2009 (Cth). "ACL" — the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). "GST" — GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). "STC" / "these Conditions" — these Standard Trading Conditions.
2.1 These Conditions apply to every contract for the Services and supersede any prior terms, and any of the Customer's own terms (clause 28.6).
2.2 The Customer accepts these Conditions by booking, by tendering Goods, or by signing or accepting a Consignment Note that refers to them — where the Customer has had a reasonable opportunity to read these Conditions before booking (for example via the online booking page, or by being given a copy).
2.3 Business use. The Customer warrants that it requests and acquires the Services for the purposes of a business, trade, profession or occupation it carries on, unless it has told the Carrier otherwise in writing before booking. (This reflects the carrier being a business-to-business service.)
2.4 Only a director of the Carrier may vary these Conditions, and only in writing.
3.1 Principal carrier. For Services the Carrier performs with its own vehicles and drivers, the Carrier contracts as principal.
3.2 Agent for overflow. Where the Carrier arranges for a Subcontractor to perform Services (for example at times of peak demand or for a leg outside the Carrier's normal operation), the Carrier does so as agent only in arranging that carriage, and clause 20 (Sub-contracting) applies. Supplying pallets, containers or equipment does not make the Carrier a principal for any leg it has arranged as agent.
The Carrier is not a common carrier. It accepts Goods as bailee for reward only, with liability limited as set out below, and it may refuse any Goods, booking or destination at its discretion.
5.1 The Customer warrants that: (a) it owns the Goods or is authorised by the owner and by any other person with an interest in the Goods; (b) the person who books, releases or signs for the Goods is authorised to accept these Conditions on the Customer's behalf; (c) the Goods are correctly described as to nature, quantity, weight, dimensions and value; (d) the Goods are properly packaged, secured and restrained to NHVR Load Restraint Guide standards; (e) the Goods are not Dangerous Goods or Valuables unless the Carrier has accepted them in writing; and (f) performing the Services as instructed will not breach any law.
5.2 The Customer indemnifies the Carrier against loss, damage, fines, penalties and expenses to the extent directly caused by the Customer's breach of clause 5.1, except to the extent the loss was caused by the Carrier's own negligent or wrongful act or omission.
6.1 The Carrier does not carry Dangerous Goods or Valuables unless it has expressly accepted them in writing before tender (which may attract an additional Charge).
6.2 If the Customer tenders Dangerous Goods or Valuables without that written acceptance, the Carrier may refuse them, return them at the Customer's cost, or — where reasonably necessary to prevent imminent harm to people, property or the environment, with prior notice to the Customer where practicable — destroy or make them safe. The Customer indemnifies the Carrier against loss, fine, penalty, claim or cost (including the cost of safe destruction) to the extent caused by the Customer's breach of this clause 6. See our Prohibited & Restricted Items list.
7.1 The Customer is responsible for packaging, marking and labelling the Goods adequately for the ordinary risks of carriage and handling, having regard to their nature, and in accordance with all applicable laws and standards. As a minimum, Goods must be packed in their original manufacturer's packaging or equivalent, and to a standard able to withstand ordinary road-freight transit. Goods that are not so packed (particularly liquids, glass and fragile items) are carried at the Customer's risk and any resulting loss or damage is excluded from cover.
7.2 The Customer warrants the accuracy of all markings, descriptions, weights, dimensions, values and other particulars it provides. The Customer indemnifies the Carrier (subject to clause 24) against loss, damage, delay, fine or expense arising from inadequate or unsuitable packaging or from any inaccuracy or omission in the particulars it provides.
7.3 If Goods are tendered unsafe to carry, the Carrier may (with notice where practicable) repackage them and recover the reasonable cost as a surcharge under clause 8.
8.1 Quoted prices are estimates given for immediate acceptance, are valid for 30 days, and are GST-exclusive unless stated. Online quotes are estimates based on the details the Customer enters.
8.2 Reweigh / remeasure. Goods may be re-weighed and re-measured. Where the correct chargeable weight or dimensions exceed those the Customer entered, the Carrier may recharge the Charges for the correct figures, based on the same published rates (volumetric or actual weight, whichever is greater).
8.3 Surcharges. The following may be charged at the Carrier's then-current published rates, where applicable and disclosed at or before booking: fuel levy; after-hours / weekend / public-holiday; same-day urgent; wait time beyond the free allowance at each end; tail-lift; hand load / hand unload; manual handling / oversize / overweight; futile (unsuccessful) pickup; futile delivery; redelivery; redirection or address correction; residential or difficult/restricted access; repackaging; and return to sender. Surcharges that were not disclosed before booking are only chargeable where they result from the Customer's instructions, errors or omissions after booking, or from circumstances within the Customer's control.
8.4 Where the Customer's booked details are found to be incorrect, the Carrier may re-quote on the corrected details.
9.1 The Customer must pay all Charges for the Services, including any additional Charges properly incurred under these Conditions.
9.2 Payment authority (AutoPay). Where the Customer pays by card or authorises automatic payment, the Customer authorises the Carrier to charge the quoted amount plus any adjustments disclosed under clause 8 (reweigh/remeasure and applicable surcharges). The Carrier will not charge undisclosed amounts.
9.3 Casual customers pay before tender. Credit-account customers pay on the terms of their Credit Application & Service Agreement.
9.4 Overdue accounts accrue interest at the RBA cash rate + 5% from the due date, calculated daily and capitalised monthly, plus the Carrier's reasonable costs of recovery (including reasonable debt-collection and legal costs). The Carrier may suspend credit or further Services while amounts are overdue.
9.5 The Customer must pay in full without set-off or deduction, except to the extent it has a right of set-off that cannot lawfully be excluded.
10.1 Customer cancellation. If the Customer cancels before the Carrier dispatches a vehicle, the Carrier will refund the Charges paid, less any reasonable administrative or booking costs already incurred. If the Customer cancels after a vehicle has been dispatched or after collection, the Charges for work already performed are payable — including any futile-collection cost where a vehicle was already sent.
10.2 Carrier cancellation. If the Carrier cancels before performing the Services for a reason within its control, the Customer is entitled to a full refund of Charges paid for the cancelled Services.
10.3 Refunds are made to the original payment method within a reasonable time. Nothing in this clause limits any refund or remedy the Customer is entitled to under the ACL (clause 24).
10.4 Carrier's right to refuse, suspend or cancel. In addition to clause 4, the Carrier may decline a booking, or suspend or cancel the Services (before or after collection), where: (a) the Goods are or appear to be Dangerous Goods, Valuables, or otherwise outside the Carrier's accepted scope of Services; (b) the Customer has misdescribed the Goods or is in breach of clause 5, 6 or 7; (c) performing the Services as instructed would be unsafe, unlawful, or would breach the HVNL or Chain of Responsibility obligations (clause 19); (d) pickup or delivery access is unsafe or materially different from what was booked (clause 11); (e) Charges are overdue, or a payment authority fails or is declined (clause 9); or (f) an event beyond the Carrier's reasonable control prevents safe or lawful performance (clause 23).
10.5 Where the Carrier cancels for a reason within its control, clause 10.2 (full refund) applies. Where the Carrier refuses, suspends or cancels for a reason within the Customer's control (including a breach of clauses 5–7, overdue Charges, or an access failure), the Charges for any work already performed and any reasonable futile-collection, redelivery or return-to-sender costs (clauses 8 and 12) remain payable. The Carrier will give the Customer notice of a suspension or cancellation where practicable. Nothing in this clause limits the Customer's non-excludable rights under the ACL (clause 24).
11.1 Unless the Carrier agrees otherwise, the Customer is responsible for arranging and providing safe, suitable access, facilities and equipment for loading at pickup and unloading at delivery, and for procuring the consignee to do the same.
11.2 The Customer may inspect the vehicle before loading. If it does not inspect, or loads without complaint, the vehicle is taken to be suitable, and the Carrier is not liable for the vehicle's suitability after that point (other than for the Carrier's own negligence).
11.3 If loading or unloading is delayed for a reason other than the Carrier's or its Subcontractor's default, the Customer is liable for the Carrier's reasonable resulting costs, including wait-time and demurrage at published rates.
12.1 Delivery is complete when the Carrier delivers to the consignee's nominated address against the signature, or a contemporaneous record (including photo proof), of any person there who is apparently authorised to receive the Goods.
12.2 If no one is available, or delivery cannot safely be made, the Carrier may (at its discretion) leave the Goods if safe to do so, attempt redelivery, or return the Goods to sender — in each case at the Customer's cost. Each of these is treated as delivery under the contract.
12.3 Inspection at delivery. The receiver must inspect at delivery and note any visible damage, shortage or exception on the proof of delivery at that time — or, where the Goods are sealed and visible damage could not reasonably be observed at delivery, as soon as reasonably possible after unpacking and in any event within 14 days.
12.4 Futile pickup, futile delivery, redelivery, redirection, address correction and return-to-sender may be charged under clause 8.
12.5 Authority to Leave (ATL). Where the Customer elects an Authority to Leave, the Carrier may leave the Goods unattended at the nominated address without obtaining a signature. Subject to clause 24, once the Goods have been left under a Customer-authorised ATL, the Carrier is not liable for any subsequent loss of or damage to them.
13.1 The Carrier does not offer storage or warehousing as a service. The Customer must arrange the Goods so they can be collected and delivered without any need for storage.
13.2 If the Goods cannot be delivered (clause 12.2), the Carrier will attempt redelivery or return the Goods to sender, in each case at the Customer's cost. Where the Carrier must unavoidably hold undeliverable Goods for a short period pending redelivery or return, it does so at the Customer's risk, may recover its reasonable holding and handling costs, and clause 22 (lien and right of sale) applies.
The Carrier chooses the route and means of carriage and may vary them, and may substitute a Subcontractor under clause 20. All pickup and delivery times are estimates only and are not guaranteed. Time is not of the essence, and the Carrier is not liable for delay (subject to clause 24).
15.1 Subject to clause 24 (ACL), the Carrier's liability for loss of or damage to Goods, however caused (including the Carrier's own negligence), is limited to the lesser of:
(a) the value of the Goods, assessed under clause 15.4; and
(b) the cover applicable to the consignment — being AU$3,000 (included free on every consignment) or, where the Customer declared a higher value before tender and paid the uplift under clause 15.3, that declared value.
15.2 Aggregate liability for any one incident is capped at the Carrier's Goods in Transit / Carriers Liability cover in force at the time of the incident.
15.3 Declared value. The Customer may declare a higher value before tender and pay the Carrier's uplift (currently 1.5% of the value above AU$3,000; declared values above AU$20,000 require prior arrangement). Declarations made after tender do not bind the Carrier.
15.4 How value is assessed. The value of the Goods is the cost price (supplier's invoice or evidence of actual manufacturing cost). Where no invoice exists, 65% of the retail/sales value is used. For used or second-hand Goods, the current depreciated market value is used. GST and freight charges are excluded from any amount payable.
15.5 Salvage. Where the Carrier has paid a claim in full for damaged Goods, it may take possession of those Goods as salvage, or dispose of them, as it reasonably sees fit.
Subject to clause 24, the Carrier is not liable for:
(a) indirect, consequential or special loss (including loss of profit, contract, market, revenue or business interruption);
(b) loss caused by act of God, fire, flood, storm, cyclone, earthquake, war, terrorism, riot, strike, inherent vice or defect of the Goods, insufficient packaging or misdeclaration by the Customer, or seizure by any authority — or by a force-majeure event under clause 23;
(c) concealed damage not notified within 14 days of delivery;
(d) delay;
(e) loss of Valuables or unusually high-value Goods carried without a written declared-value uplift;
(f) any failure to collect a cash-on-delivery or third-party payment.
| Trigger | Required action | Deadline |
|---|---|---|
| Visible damage / shortage | Note on the proof of delivery | At delivery (or, where Goods are sealed, as soon as reasonably possible after unpacking and within 14 days) |
| Concealed damage | Written notice to the Carrier | Within 14 days of delivery |
| Non-delivery | Written notice to the Carrier | Within 30 days of the scheduled delivery date |
| Particulars of claim | Written particulars (photos, repair quote or replacement invoice, purchase documentation) | Within 60 days of delivery |
| Legal proceedings | Issue the claim | Within 12 months of when the loss was, or ought reasonably to have been, discovered |
After these deadlines, claims are barred to the extent permitted by law. The Carrier may extend any deadline in writing and will not unreasonably refuse a reasonable request for a short extension. Nothing in this clause bars a right under the ACL that cannot lawfully be time-limited (clause 24).
Who may claim. Only the party who booked and paid for the consignment may lodge a claim. A receiver who is not the booking party must ask the sender to lodge the claim on their behalf. The claimant must support the claim with photographs and documentary proof of value acceptable to the Carrier.
18.1 The Carrier maintains: Comprehensive Motor cover (own damage + Third Party Property Damage); Public Liability cover; Goods in Transit / Carriers Liability cover from time to time (current limits available on request); and Workers Compensation via QLD WorkCover.
18.2 The Carrier's cargo cover applies to the Carrier's own liability under clauses 15–17 and does not extend to value above the cap unless the Customer has bought a written declared-value uplift.
18.3 Customer insurance & subrogation. The Customer is responsible for arranging its own insurance for value above the cap. If the Customer insures the Goods, it will ensure, to the extent it lawfully can, that its insurer waives any right of subrogation against the Carrier and the persons protected under clause 20.
19.1 The Customer warrants that, in tendering Goods, it has: (a) accurately declared mass and dimensions; (b) properly packaged, secured and restrained the Goods; (c) made no demand on the Carrier that would cause a breach of the HVNL (mass, dimension, fatigue, speed); (d) provided safe vehicle access at pickup; and (e) procured the consignee to provide safe access at delivery.
19.2 The Customer indemnifies the Carrier against any HVNL fine, prosecution or penalty arising wholly or substantially from the Customer's breach of clause 19.1.
20.1 The Carrier may sub-contract any part of the Services on any terms, and a Subcontractor may sub-contract further.
20.2 Every person engaged in connection with the Services (including the Carrier's servants, agents, Subcontractors, and the employees and agents of each of them, and any person vicariously liable for them) is entitled to the same defences, limits and exclusions as the Carrier. To this extent the Carrier contracts on its own behalf and as agent and trustee for those persons.
20.3 The Customer will not bring a claim against any person referred to in clause 20.2 that would be inconsistent with these Conditions, and indemnifies the Carrier against the consequences of any such claim — except where, and to the extent, clause 24 disapplies this clause.
21.1 Subject to clause 24, the Customer indemnifies the Carrier against any claim, loss, damage, fine, penalty, duty, tax, cost or liability arising from: (a) any breach by the Customer of these Conditions or its warranties; (b) any inaccuracy or omission in the particulars the Customer provides; (c) any inherent defect, quality or vice of the Goods; or (d) charges the Carrier properly pays to a Subcontractor, agent or authority on the Customer's behalf.
21.2 This indemnity does not apply to the extent the relevant claim, loss or damage was caused by the negligence, recklessness or wilful act of the Carrier or its servants or agents.
22.1 The Carrier has a particular and general lien over all Goods and related documents in its possession for all sums the Customer owes (on any account).
22.2 The Customer grants the Carrier a security interest in the Goods (and their proceeds) to secure those sums. These Conditions are a security agreement for the PPSA. The Customer will sign documents and provide information the Carrier reasonably requires to register and maintain the security interest on the PPSR, and will not register, or permit a third party to register, a financing change statement without the Carrier's prior written consent.
22.3 After 30 days unpaid plus 14 days' written notice (sent to the Customer's address or email on file, with evidence of dispatch), the Carrier may sell the Goods by auction or private sale, apply the proceeds to the debt and the costs of sale, and remit any surplus to the Customer. The Customer remains liable for any shortfall.
22.4 PPSA contracting-out. To the extent the law allows, the Customer waives its rights, and the Carrier need not comply with its obligations, under PPSA sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143, and the Customer waives its right to receive any notice or statement the Carrier may otherwise have to give under the PPSA.
Neither party is liable for failure or delay caused by an act of God, war, terrorism, riot, strike, fire, flood, cyclone, earthquake, pandemic, public-health order, government action, embargo, or any other event beyond that party's reasonable control.
24.1 Nothing in these Conditions excludes, restricts or modifies any guarantee, right or remedy under the ACL that cannot lawfully be excluded. This clause overrides every other clause.
24.2 Consumer guarantees. Where the Customer is a "consumer" under the ACL and a consumer guarantee applies, and the Carrier is entitled to limit its liability under s64A, the Carrier's liability for failure to comply with that guarantee (other than a guarantee under ss51–53 of the ACL) is limited, at the Carrier's option, to re-supplying the Services or paying the cost of having them re-supplied. (Note: under ACL s63, the services guarantees do not apply to the transport or storage of Goods for the purposes of a Customer's business.)
24.3 Small business / unfair contract terms. Where these Conditions are a standard-form small-business or consumer contract under the ACL, any term that would otherwise be void as an "unfair contract term" is to be read down, or does not apply, only to the extent necessary to prevent it being unfair — and the rest of these Conditions continue to operate.
24.4 Carve-outs for consumers and small businesses. Where the Customer is a consumer or small business under the ACL: (a) clause 20.3 (no claim against protected persons) does not apply to that Customer; and (b) clause 21 (Customer indemnity) does not apply to the extent the claim, loss or damage resulted from the negligence, recklessness or wilful act of the Carrier or its servants or agents.
24.5 The Carrier will not make any false or misleading representation about the Services (ACL s18 and ss29–34).
25.1 The Carrier may vary these Conditions by publishing a new version on its website with 14 days' notice. Variations apply prospectively only — contracts formed before the change remain governed by the version in force at the time.
25.2 Where a variation is material, the Customer may terminate any standing arrangement on 14 days' notice from the publication date without penalty.
The Carrier handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and its Privacy Policy (which covers GPS/location data captured during delivery).
These Conditions are governed by the law of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
28.1 Severance — an invalid or unenforceable clause is read down or severed without affecting the rest.
28.2 Waiver — a failure or delay in enforcing a right is not a waiver of it.
28.3 Entire agreement — these Conditions, the quote, the booking confirmation and the Consignment Note are the entire agreement.
28.4 No reliance — the Customer agrees it has not relied on any representation, promise or warranty not expressly set out in writing as part of the contract.
28.5 Assignment — the Customer may not assign without the Carrier's consent; the Carrier may assign to a successor in business or a related entity, with notice to the Customer.
28.6 Priority — to the extent of any inconsistency, these Conditions prevail over any other terms issued by the Carrier and over the Customer's own terms; the Customer's own form is no derogation from these Conditions.
28.7 Notices — notices may be given in writing, including by email to the address each party has on file.
