Last updated: May 2026

These Victorian Customer Terms and Conditions of Trade apply to courier, transport, logistics, warehousing and related services supplied by COURIERS EXPRESS SERVICES PTY LTD ABN 33 063 649 730, trading as Couriers Express Services.

Definitions

In these terms:

we, us and our means Couriers Express Services Pty Ltd.

you and your means the customer, account holder, sender, consignor, receiver, applicant or any person who requests, books, pays for or uses our services.

goods means any items, documents, parcels, satchels, cartons, pallets, freight, cargo, containers, packaging or associated paperwork we are asked to collect, transport, handle, store or deliver.

services means courier, transport, taxi-truck, delivery, logistics, warehousing, handling, administration or related services supplied by us or on our behalf.

associated businesses means courier and transport businesses operating through shared systems, central administration, common operational support, shared management arrangements or shared driver resources.

subcontractor means any person or business engaged directly or indirectly to perform all or part of the services, including owner-drivers, contractors, agents, associated businesses and external transport providers.

PPSA means the Personal Property Securities Act 2009 (Cth).

1. Application of These Terms

These terms apply to every service we provide, unless we agree something different in writing.

You accept these terms when you:

ask us for a quote;
book a job with us;
use our website, customer login, booking portal or other booking system;
apply for or use a customer account;
give us, our drivers or our subcontractors goods to transport;
accept any service from us;
pay one of our invoices; or
otherwise deal with us in connection with courier, transport, logistics or warehousing services.

If you’re booking on behalf of someone else, you confirm you’re authorised to accept these terms for them.

These terms apply alongside any quote, rate schedule, service agreement, account application, booking confirmation, invoice or other written terms we give you. If anything is inconsistent, the more specific written agreement applies to the extent of the inconsistency.

2. Supplier of the Services

The legal entity named at the top of these terms supplies the services and is the entity that issues invoices, manages your account and provides the services, unless we agree otherwise in writing.

Where services are arranged through associated businesses, subcontractors, owner-drivers, external transport providers or shared operational systems, the legal entity that supplies and invoices the service stays the same, unless we tell you otherwise.

3. Not a Common Carrier

We’re not a common carrier and don’t accept liability as one.

We may refuse to carry, handle or store any goods, or any class of goods, where we reasonably consider it appropriate.

We may also decline a booking if we reasonably think the goods, your instructions, the timing, the location, access, payment history or any other circumstance would create an unacceptable operational, safety, legal, compliance or commercial risk.

4. Relationship With Associated Businesses and Subcontractors

Our business operates through shared systems, central administration, shared dispatch support, shared management arrangements and a shared pool of drivers.

You acknowledge that:

bookings may be managed through shared systems;
drivers may work across more than one associated business;
operational support may be handled centrally;
customer service, accounts, dispatch and admin may be handled by staff supporting more than one business;
we may pass a booking to an associated business better suited to the job; and
we may use associated businesses, subcontractors, owner-drivers, agents or external transport providers to perform all or part of a service.

You authorise us to arrange the services this way.

This doesn’t change the legal entity that supplies and invoices the service, unless we tell you otherwise.

Each subcontractor is entitled to the benefit of any right, defence, exclusion, limitation or protection available to us under these terms, to the extent permitted by law.

5. Method, Route and Operational Flexibility

We choose the route, method, driver, vehicle, carrier, subcontractor, associated business or transport provider used to perform the service.

If you ask for a particular method, vehicle, route, timing or handling approach, we’ll consider it, but we’re not required to follow it unless we expressly agree in writing.

If your requested method isn’t available, isn’t practical, isn’t safe, isn’t suitable or isn’t commercially reasonable, we may use another reasonable method.

We may also deviate from the usual route or method where we reasonably consider it necessary or desirable — because of traffic, road conditions, weather, safety, access, operational efficiency, driver availability, your instructions, subcontractor requirements or other circumstances.

6. Quotes, Rates and Charges

A quote is an estimate based on the information available to us at the time, unless we say otherwise.

A quote may change if:

pickup or delivery details turn out to be incorrect or incomplete;
the goods don’t match what was described to us;
size, weight, quantity, item count or handling needs differ from the quote;
waiting time applies;
the job needs extra labour, equipment or vehicle capacity;
the pickup or delivery location changes;
access is difficult, delayed or restricted;
tolls, parking, ferry, airport, depot, storage, customs, authority or third-party charges apply;
the job becomes after-hours, urgent, direct, priority or otherwise needs special service;
a futile pickup or delivery attempt occurs;
redelivery is required;
the goods are dangerous, fragile, high-value, oversized, perishable, temperature-sensitive or otherwise non-standard; or
something arises that wasn’t reasonably apparent when we quoted.

Prices are exclusive of GST unless we say otherwise. GST is charged where applicable.

We may update our rates, charges, surcharges and fees from time to time. For account customers, updated rates take effect from the date we notify or publish them, unless we agree otherwise in writing.

We may also increase rates or charges if our existing charges become commercially inadequate due to events outside our reasonable control, including changes to taxes, government charges, fuel costs, insurance costs, labour costs, award rates, regulatory requirements, supplier charges or operating costs.

7. Bookings and Customer Instructions

When you book, please give us accurate and complete details. We need:

the pickup address;
the delivery address;
contact names and phone numbers for both ends;
a description of the goods;
the number of items;
their size and weight;
the service level you need (standard, priority, urgent, direct, taxi-truck, scheduled run or any other service we offer);
any pickup deadline (for example, “must be collected before 2pm”);
any delivery deadline (for example, “must be delivered no later than 5pm”);
delivery instructions;
access requirements;
any special handling needs;
whether the goods are fragile, high-value, dangerous, perishable, temperature-sensitive or otherwise unusual; and
any legal, safety, site or compliance requirements relevant to the booking.

We rely on the information you give us.

We’re not responsible for loss, delay, extra charges or failed delivery caused by incorrect, incomplete or unclear information from you or anyone acting on your behalf, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

If you change your instructions after we’ve accepted the booking, additional fees may apply, and we may not be able to meet the original service expectation.

8. Service Levels and Delivery Times

We offer different service levels, including standard, priority, urgent, direct, taxi-truck, scheduled run, permanent run, warehousing, regional, interstate and other service types.

Delivery times, transit times and service descriptions are estimates only, unless we expressly agree in writing to a guaranteed delivery time.

If you need a hard pickup or delivery deadline (for example, “pick up before 11am” or “deliver no later than 4pm”), please tell us when you book. We’ll only treat that deadline as guaranteed if we confirm it in writing. Otherwise, the time is our best estimate.

We use reasonable care and skill in providing the services. Delivery times can be affected by traffic, weather, road closures, accidents, vehicle breakdowns, customer delays, access restrictions, security procedures, driver availability, third-party delays, public events, industrial action, system outages or other circumstances outside our reasonable control.

Time is not of the essence, unless we expressly agree in writing.

9. Customer Obligations

You must make sure that:

the goods are suitable for transport using the service you’ve requested;
the goods are properly packed, labelled and prepared for transport;
the goods can be safely and lawfully handled, carried and delivered;
pickup and delivery information is accurate;
access arrangements are in place;
any special handling needs are disclosed before booking;
the goods don’t contain prohibited goods unless we’ve agreed in writing;
dangerous goods are disclosed and accepted by us in writing before booking;
the goods comply with all applicable laws, regulations and safety requirements;
the person at pickup is ready to release the goods;
the person at delivery is ready to accept the goods where required;
any equipment needed for loading or unloading is available, where we’re not supplying it;
any site induction, loading dock, security, access or delivery requirements are disclosed before booking; and
all amounts owing to us are paid when due.

You’re responsible for any extra costs, loss, damage, claims or liability arising from your failure to meet these obligations, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

10. Packaging and Labelling

You’re responsible for making sure goods are properly packed and labelled for transport.

Packaging needs to be suitable for the nature, size, weight, fragility and value of the goods, and for ordinary handling during transport, courier, warehousing or logistics work.

We may refuse to collect, transport or store goods if we reasonably believe they’re inadequately packed, unsafe, incorrectly labelled, leaking, damaged, unstable, unsuitable for transport, or likely to cause injury, damage, delay or compliance issues.

If we agree to carry inadequately packed goods, we’re not responsible for loss or damage caused by the inadequate packaging, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

11. Goods We Do Not Usually Carry

Unless we’ve expressly agreed in writing before collection, you must not book or give us the following goods:

illegal goods;
dangerous goods;
hazardous substances;
explosives, firearms, ammunition or weapons;
flammable, corrosive, toxic or radioactive materials;
live animals;
human remains or biological materials;
cash, bullion, negotiable instruments or securities;
jewellery, precious metals, gemstones or high-value collectibles;
antiques, artworks or irreplaceable items;
temperature-controlled goods;
perishable goods;
medical samples, pharmaceuticals or regulated health products;
alcohol, tobacco or restricted substances where special licences or controls apply;
goods needing special permits;
fragile goods that aren’t properly packed and disclosed;
goods with a value above $500 unless declared and accepted by us in writing; or
any goods that aren’t suitable for the service requested.

If you give us these goods without our written agreement, you do so at your own risk and indemnify us for any loss, damage, cost, claim, fine, penalty or liability arising from those goods, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

12. Dangerous, Hazardous or Suspicious Goods

You must not give us dangerous, hazardous, flammable, corrosive, offensive, radioactive, unsafe, suspicious or unlawful goods unless:

you’ve told us about them before booking;
we’ve agreed in writing to carry them;
all legal requirements are met;
all required documentation is provided;
the goods are correctly packed, labelled and declared;
the goods are suitable for the requested vehicle and service; and
the driver and any relevant staff have all the safety information they need.

If we discover that goods are or may be dangerous, hazardous, unlawful, unsafe, suspicious, offensive, damaging or unsuitable for transport, we may refuse to collect them, stop transport, isolate, inspect, open, scan, return, dispose of, render harmless or abandon them, contact authorities, or take any other reasonable action we consider necessary for safety, security, compliance or risk management.

You’re responsible for any costs we reasonably incur in dealing with undeclared, suspicious, dangerous or improperly declared goods, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

13. Right to Inspect or Refuse Goods

We may inspect, open, scan or otherwise examine goods where we reasonably consider it necessary — for safety, security, compliance, verifying consignment details, suspected dangerous, prohibited or unlawful goods, suspected security threats or operational risk.

We may refuse, hold, return, isolate, dispose of or refer goods to authorities where reasonably necessary.

We’re not required to inspect goods, and we don’t accept responsibility for identifying their contents, condition, value, legality, suitability or compliance, unless required by law.

14. Fragile, Valuable or Special Goods

Tell us before booking if your goods are fragile, valuable, unusual, hard to replace, time-sensitive, temperature-sensitive, confidential or otherwise need special handling.

We may decline the booking, ask for additional packaging, require a special service, recommend insurance or apply additional charges.

Unless we expressly agree in writing, we don’t accept responsibility for special value, sentimental value, lost profit, lost opportunity, production delays, business interruption or other indirect consequences arising from loss, delay or damage.

15. Cash on Delivery and Payment Collection

Unless we expressly agree in writing, we don’t collect cash on delivery, purchase money, cheques, payment instruments or any other payment on behalf of a customer, sender, receiver or third party.

If we do agree to collect a payment for you, the arrangement must be recorded in writing and may be subject to additional terms and charges.

16. Authority to Leave and Delivery Instructions

We’re authorised to deliver to the address you’ve given us.

If we deliver to that address and a person there accepts the goods, gives a name, signs for them, takes delivery, confirms it, or otherwise appears authorised to receive them, delivery is complete.

If you ask us to leave goods unattended, at reception, at a loading dock, at a mailroom, with a third party, or in line with delivery instructions, you accept the risk of loss, theft or damage once delivery is complete on those terms.

If the delivery point is unattended, inaccessible, or we can’t otherwise complete delivery, we may, acting reasonably:

leave the goods at that place;
deliver them to a person who appears authorised to receive them;
return them to sender;
store them;
arrange redelivery; or
ask for further instructions.

Additional charges may apply for storage, redelivery, return, waiting time or admin.

We may refuse to leave goods unattended if we reasonably consider it unsafe, unsuitable, unlawful, inconsistent with the requested service, or likely to lead to a dispute.

17. Proof of Delivery

Proof of delivery may include any of:

the recipient’s name;
a signature;
a delivery timestamp;
a GPS or location record;
a delivery photograph;
a driver note;
a scan record;
a system status update;
confirmation from someone at the delivery location;
delivery to reception, mailroom, loading dock or similar; or
any other delivery evidence reasonably available through our systems.

You agree that electronic proof-of-delivery records may be used as evidence of collection, delivery, attempted delivery, job status or service completion.

A signature isn’t always available or required. The absence of a signature doesn’t stop us charging for a service that has been performed or attempted.

18. Waiting Time, Futile Pickup, Redelivery and Storage

We may charge extra if:

the driver is held up at pickup or delivery;
the goods aren’t ready at pickup;
the pickup or delivery point is unattended;
access is restricted;
loading or unloading takes longer than expected;
delivery can’t be completed because of incorrect or incomplete information;
the receiver refuses delivery;
redelivery is needed;
the booking is cancelled after a driver has been allocated or dispatched;
storage is needed;
return to sender is needed; or
a job can’t proceed for reasons outside our control.

We may charge waiting time, cancellation fees, redelivery fees, futile pickup fees, storage fees, return fees, handling fees, admin fees or other reasonable costs arising from the issue.

19. Pallets, Stillages and Reusable Transport Equipment

Unless we expressly agree in writing, we don’t take part in pallet exchange, pallet transfer, pallet hire, stillage exchange, cage exchange or other reusable transport equipment arrangements.

You’re responsible for managing any pallet, stillage, cage, crate, CHEP, Loscam or similar reusable transport equipment account, hire, transfer, exchange, return or reconciliation requirement.

We’re not responsible for pallet hire charges, pallet account transfers, pallet exchange discrepancies, lost or damaged pallets, stillages, cages, crates or other reusable transport equipment unless we expressly agree in writing.

If you need us to manage, transfer, exchange, return or account for any of these, that needs to be agreed in writing before the service is provided, and additional charges may apply.

20. Customs, Duties, Authorities and Regulatory Charges

You’re responsible for all duties, taxes, permits, customs charges, excise duties, authority fees, fines, penalties, storage charges, warehouse charges, port charges, airport charges, depot charges, regulatory costs and third-party costs arising from the goods or the service, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

If we pay any of these on your behalf, you must reimburse us on request.

21. Insurance

Unless we expressly agree in writing, our charges don’t include insurance for the goods.

You’re responsible for arranging your own insurance for goods in transit or storage if you need it.

We may be able to arrange or recommend additional insurance options in some cases, but it has to be agreed before the goods are collected, and may be subject to additional terms, exclusions and charges.

Anything we say about insurance is general only and shouldn’t be treated as financial advice.

You release us from liability arising from any failure of an insurance policy to respond, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

22. Loss, Damage and Delay

If you think goods have been lost, damaged or delayed, please let us know as soon as possible.

We review claims in good faith, and may need supporting information, including:

the booking reference;
invoice or account details;
a description of the goods;
evidence of value;
photographs;
packaging details;
delivery records;
repair or replacement estimates;
a statement from the receiver; and
anything else reasonably needed to assess the claim.

Please don’t dispose of damaged goods or packaging until we’ve had a reasonable chance to inspect them, unless disposal is necessary for safety, hygiene or legal reasons.

23. Claim Timeframes

So that we can investigate properly, please tell us about claims within these timeframes:

visible damage: within 24 hours of delivery;
missing items from a delivery: within 24 hours of delivery;
non-delivery or suspected loss: within 7 days of the expected delivery date; and
any other claim: as soon as reasonably possible.

We may reject a claim if a delay in notifying us has materially prejudiced our ability to investigate, recover the goods, inspect packaging, verify delivery or respond to the issue.

Invoice disputes are dealt with under the Payment Terms clause.

Nothing in this clause limits any rights you have that cannot lawfully be excluded or restricted.

24. Liability

Subject to the Non-Excludable Rights clause, all goods are carried, handled and stored at your risk. The Insurance clause sets out the position on insurance.

To the maximum extent permitted by law, we are not liable for loss of, damage to, deterioration of, misdelivery of, failure to deliver, delay in delivery of, or failure to provide services in relation to goods, whether arising in contract, tort, bailment, negligence, breach of statutory duty or otherwise.

Without limiting the above, and subject to the Non-Excludable Rights clause:

we are not liable for loss, damage, delay or additional cost caused by incorrect, incomplete or misleading information supplied by you or on your behalf;
we are not liable for loss or damage caused by inadequate packaging, incorrect labelling, inherent defect, ordinary wear and tear, leakage, deterioration, perishability or unsuitability of the goods;
we are not liable for loss, damage or delay caused by events outside our reasonable control;
we are not liable for loss, damage or delay arising after goods have been delivered in accordance with your instructions;
we are not liable for indirect, consequential, special, economic or punitive loss, including loss of profit, loss of revenue, loss of opportunity, loss of contract, business interruption, production delay, reputational damage or loss of goodwill;
we are not liable for sentimental value or special value not disclosed and accepted by us in writing before collection; and
we are not liable for pallet exchange, pallet hire, pallet transfer, lost pallets, damaged pallets, stillages, cages or reusable transport equipment unless we expressly agree in writing.

If, despite the above, we are found liable for loss of or damage to goods, our liability is limited to the lesser of:

the reasonable cost of resupplying the services;
the amount paid or payable for the relevant service;
the reasonable cost of repair of the goods;
the reasonable replacement value of the goods;
the declared value of the goods accepted by us in writing before collection; or
$500 per consignment or loss event,

unless a higher amount is required by law.

If the value of the goods exceeds $500, you must notify us before booking. We may refuse the booking, require you to arrange your own insurance, impose additional conditions, apply additional charges, or agree in writing to a higher liability cap or declared-value arrangement.

25. Non-Excludable Rights

Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

If we are permitted to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to:

supplying the services again; or
paying the cost of having the services supplied again.

This clause does not apply where the law does not permit us to limit our liability in this way.

26. Customer Indemnity

You indemnify us, our officers, employees, contractors, drivers, agents and associated businesses against any loss, damage, cost, claim, fine, penalty or liability arising from:

incorrect, incomplete or misleading information supplied by you or on your behalf;
goods that are illegal, dangerous, hazardous, unsafe, prohibited, suspicious or unsuitable for transport;
inadequate packaging or labelling;
your failure to comply with these terms;
your failure to comply with applicable laws or regulations;
injury, damage or delay caused by the nature or condition of the goods;
claims by third parties arising from your goods or instructions;
customs, excise, authority or regulatory issues relating to your goods; or
your breach of any warranty or obligation under these terms.

This indemnity does not apply to the extent the loss, damage, cost, claim, fine, penalty or liability is caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

27. Payment Terms

You must pay all charges by the due date stated on the invoice or as otherwise agreed in writing.

If no due date is stated, payment is due within 7 days of the invoice date.

You must pay all amounts owing without set-off, deduction or withholding, unless required by law or agreed by us in writing.

If you dispute an invoice, please tell us within 14 days of the invoice date with details of the disputed amount and the reasons. You still need to pay any undisputed amount by the due date.

The consignor or account customer remains responsible for our charges unless we agree otherwise in writing, even if someone else is expected to pay or reimburse them.

28. Overdue Accounts

If amounts are overdue, we may:

suspend or cancel services;
place your account on hold;
require payment before accepting further bookings;
withdraw credit terms;
charge interest on overdue amounts at 12% per annum, calculated daily from the due date until paid, or the maximum amount permitted by law, whichever is lower;
recover reasonable debt collection costs; and
refer the debt to a collection agency or legal adviser.

We’ll act reasonably in exercising these rights.

29. Credit Accounts

We may approve, refuse, suspend, reduce or cancel a credit account at our discretion.

You must give us accurate account information and tell us about any changes to your business details, billing address, ownership, contact information or payment arrangements.

We may require a credit application, trade references, director’s guarantee, security deposit, direct debit authority or other credit support before approving or continuing credit terms.

30. Lien and Right to Hold Goods

To the extent permitted by law, we may hold goods in our possession if amounts relating to those goods or your account are overdue.

We may exercise a lien over goods and documents in our possession for unpaid charges, storage charges, transport charges, handling charges, taxes, duties, expenses, interest and reasonable recovery costs.

Before selling or disposing of goods to recover unpaid amounts, we will give notice where required by law.

31. Personal Property Securities Act

You acknowledge that these terms, together with any other agreement between us, create a “security interest” within the meaning of the PPSA over goods in our possession or under our control, securing payment of all amounts you owe to us.

We may register one or more financing statements on the Personal Property Securities Register in respect of that security interest. You agree to do anything reasonably necessary, including providing information and signing documents, to enable us to register, maintain and enforce that security interest.

To the extent permitted by the PPSA:

you waive your right to receive any notice or document under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA;
the parties contract out of sections 142 and 143 of the PPSA; and
you waive any right to apply to a court for an order under section 167 of the PPSA.

Neither party may disclose information of the kind referred to in section 275(1) of the PPSA, except where required by law (other than under section 275(7) of the PPSA).

32. Storage and Uncollected Goods

If goods can’t be delivered, are refused, aren’t collected, or can’t be returned with reasonable effort, we may store them, return them to sender, arrange redelivery, or take other reasonable steps.

You’re responsible for storage, redelivery, return, handling and admin costs arising from undeliverable or uncollected goods.

If goods stay uncollected for an unreasonable period, we may deal with them in line with applicable laws after giving any notice the law requires.

33. Cancellation

You can cancel a booking by letting us know as soon as possible.

Cancellation fees may apply if:

a driver has been allocated;
a driver has been dispatched;
we’ve incurred costs;
the booking involved special arrangements;
external providers have been engaged; or
the cancellation comes after a cut-off time we’ve notified.

We may cancel or refuse a booking if we reasonably believe the goods are unsafe, unlawful, unsuitable, inadequately packed or incorrectly described, or if providing the service would create an unacceptable operational, legal, safety or commercial risk.

34. Termination of Ongoing Arrangements

If we have an ongoing account, rate agreement, service arrangement or contract with you, either party may terminate it in line with the relevant written agreement.

If there’s no specific written termination process, we may suspend or terminate services by giving you reasonable written notice.

We may suspend or terminate services immediately or on shorter notice if:

you fail to pay amounts when due;
you breach these terms and don’t fix the breach within a reasonable time after notice;
you become insolvent, bankrupt, or enter administration, liquidation, receivership or a scheme of arrangement with creditors;
you give us dangerous, illegal, unsafe or prohibited goods without proper disclosure;
continuing the services would create an unacceptable operational, legal, safety, compliance or commercial risk; or
we are required to do so by law.

Termination doesn’t affect rights or obligations that arose before termination, including payment obligations, indemnities, limitations of liability, and rights relating to goods already handled.

35. Force Majeure

We’re not liable for failure or delay in performing services caused by circumstances outside our reasonable control.

These can include traffic incidents, road closures, weather events, natural disasters, fire, flood, pandemic, public health restrictions, industrial action, vehicle breakdowns, fuel shortages, power outages, telecommunications failures, system outages, cyber incidents, government action, security events, accidents and third-party delays.

We’ll take reasonable steps to manage the effect of these events where practical.

36. Confidentiality

Each party must keep confidential information received from the other party confidential, except where disclosure is required by law, reasonably necessary to provide the services, or authorised by the other party.

We may disclose information to staff, drivers, contractors, associated businesses, professional advisers, insurers, claims managers, regulators, law enforcement, technology providers or others where reasonably necessary for the services or our business operations.

Personal information is handled in accordance with our Privacy Policy.

37. Non-Solicitation of Drivers, Contractors and Staff

During the period we provide services to you and for 12 months after the last service is provided, you must not, without our written consent, directly or indirectly engage, employ, contract with, solicit, approach or attempt to solicit any driver, contractor, employee, agent or representative introduced to you through our services or through our business relationship, for the purpose of performing courier, transport, logistics, warehousing or related work independently of us.

This restriction applies whether the person is engaged by us directly, through an associated business, as an owner-driver, as a subcontractor, as an employee, as an agent or through another arrangement.

If you breach this clause, you must compensate us for our reasonable losses arising from the breach, including recruitment costs, onboarding costs, training costs, administrative costs, loss of margin, loss of customer relationship value and other reasonably foreseeable losses.

We may also seek injunctive, equitable or other relief to prevent or restrain a breach of this clause.

This clause does not prevent you from employing a person who responds to a genuine public recruitment advertisement that is not targeted at our drivers, contractors, employees, agents or representatives.

38. Privacy

We collect, hold, use and disclose personal information in line with our Privacy Policy.

Our Privacy Policy is available at:

Privacy Policy

By using our services, you acknowledge that personal information may be used for transport operations, customer service, proof of delivery, driver allocation, billing, account management, claims handling, compliance, safety, reporting and related business purposes.

39. Website and Booking System Use

If you use our website, booking portal, customer login or other online system, you must:

keep your login details secure;
make sure users on your account are authorised;
give us accurate booking information;
not misuse the system;
not interfere with system security or operation;
not upload malicious code;
tell us promptly about unauthorised access or suspected misuse; and
comply with any system rules or user terms we provide.

We may suspend system access if we reasonably believe there’s misuse, unauthorised access, security risk, non-payment or breach of these terms.

40. Records and Electronic Communications

You agree that we may create, store and rely on electronic records, including bookings, invoices, proof-of-delivery records, signatures, photographs, GPS data, emails, system logs, driver app records and account records.

You also agree that notices, invoices, statements, booking confirmations and other communications can be sent electronically.

Electronic records may be used as evidence of booking details, customer instructions, pickup, delivery, attempted delivery, job status, charges, communications and account activity.

41. CCTV and Premises

If you, your staff, contractors, drivers or representatives come to our premises, you must comply with all reasonable site rules, safety directions, security procedures and access requirements.

CCTV and security systems may operate at our premises for safety, security, asset protection, incident investigation and compliance. Personal information collected through these systems is handled in accordance with our Privacy Policy.

42. Variation of Terms

We may update these terms from time to time. The current version is published on our website or otherwise made available to you.

For account customers, updated terms apply from the date we notify, publish or make them available, unless we specify a later date.

Updated terms don’t apply retrospectively to completed services unless required by law or agreed in writing.

If you keep using our services after updated terms are published or notified, you’ll be taken to have accepted the updated terms for future services.

43. Notices

Any notice or communication under these terms must be in writing, and given to the other party by email or post to the address most recently notified to the sender.

A notice is treated as received:

when delivered, if delivered by hand;
on the third business day after posting, if sent by post within Australia; and
at the time the email leaves the sender’s system, if sent by email — unless the sender receives a delivery failure notification.

If a notice would otherwise be received outside business hours at the recipient’s location, it’s treated as received at 9:00am on the next business day in that location.

This clause does not apply to the service of legal proceedings or other formal court documents, which must be served in accordance with applicable law.

44. Assignment and Subcontracting

You may not assign, novate, transfer or sub-contract any of your rights or obligations under these terms without our prior written consent.

We may assign, novate, transfer or sub-contract any of our rights or obligations under these terms, including to an associated business, related entity, successor entity, or as part of a sale, restructure or transfer of our business, without your consent. We will notify you of any such assignment.

This clause does not limit our right to use subcontractors as set out in the Relationship With Associated Businesses and Subcontractors clause.

45. Dispute Resolution

If a dispute arises about these terms or the services, the parties must first try in good faith to resolve it through negotiation between senior representatives.

If the dispute isn’t resolved within 21 days after written notice of the dispute (or any longer period the parties agree), either party may commence legal proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive, declaratory or interlocutory relief from a court at any time.

46. Entire Agreement

These terms, together with any written quote, rate schedule, service agreement, account application, booking confirmation or other written terms we provide to you, contain the entire agreement between the parties about the services and supersede all prior representations, communications, negotiations, understandings or arrangements (whether oral or written) about the services.

Each party acknowledges that, in entering into this agreement, it has not relied on any representation, warranty, statement or undertaking made by or on behalf of the other party, except as expressly set out in these terms.

Nothing in this clause limits or excludes any liability for misleading or deceptive conduct under the Australian Consumer Law or other applicable law.

47. Severability

If any part of these terms is invalid, unlawful or unenforceable, that part will be read down or severed to the extent necessary, and the remaining terms will continue to apply.

48. No Waiver

If we do not enforce a right under these terms, that does not mean we waive that right. A waiver is only effective if given in writing.

49. Governing Law

These terms are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

50. Contact

For questions about these terms, please contact us:

COURIERS EXPRESS SERVICES PTY LTD

Trading as Couriers Express Services

c/o Leggett Group

PO Box 273, Flemington VIC 3031

Email: terms@leggettgroup.com.au

Phone: 1300 534 438

Schedule 1 — Warehousing Terms

This schedule applies where we provide warehousing, storage, stock handling, pallet handling or related warehouse services.

These Warehousing Terms apply in addition to the Customer Terms and Conditions of Trade. If anything is inconsistent, the more specific warehousing term applies to the extent of the inconsistency.

S1. Warehousing Services

Warehousing services are made available by agreement and may be subject to additional charges, operating procedures, cut-off times, site rules and service conditions.

We may invoice warehousing fees weekly, monthly or at another agreed interval.

Warehousing services may include receiving, storage, handling, stock movement, pallet in, pallet out, dispatch, stocktaking, administration and related services.

S2. Rates and Volume Changes

Warehousing rates may be based on pallets, spaces, items, cartons, storage period, handling requirements, labour, administration, inbound movement, outbound movement or another agreed basis.

We may increase rates or withdraw service if:

actual volumes differ materially from forecast or agreed volumes;
the nature, size, weight, packaging, handling requirements or risk profile of the goods changes;
labour, rent, equipment, supplier, insurance or operating costs increase;
the goods need additional space, labour, equipment, compliance or administration; or
the agreed service is no longer commercially or operationally suitable.

S3. Pallets, Skids and Handling Units

Unless otherwise agreed, pallet rates are normally charged for each full pallet unit and any part of a pallet unit received, stored, handled or dispatched.

A standard Australian pallet is generally treated as approximately 1165 mm x 1165 mm x 150 mm.

Oversized, unstable, non-standard, damaged or poorly packed pallets may attract additional charges or be refused.

S4. Warehouse Orders and Cut-Off Times

Orders for transport, dispatch, picking, stock movement or warehouse handling must be provided in writing or through an approved system.

Same-day processing is only available where:

the order is received before the agreed cut-off time;
the order is complete and accurate;
the goods are available and identifiable;
the request can reasonably be completed that day; and
we have accepted the request.

Additional charges may apply for urgent, late, manual, complex or non-standard orders.

S5. Goods Not Suitable for Warehousing

Unless we have agreed in writing, you must not give us the following goods for warehousing:

dangerous goods;
explosive, flammable, corrosive, toxic, radioactive or hazardous goods;
perishable or spoiling goods;
goods likely to attract vermin or pests;
goods likely to leak, stain, contaminate or damage other goods or premises;
illegal goods;
temperature-controlled goods;
fragile or high-value goods needing special handling; or
goods unsuitable for ordinary warehouse storage.

If such goods are discovered, we may remove, isolate, dispose of, return or otherwise deal with them where reasonably necessary for safety, security, compliance, operational risk or protection of property.

You’re responsible for reasonable costs arising from the storage, handling, removal, disposal, isolation or return of such goods, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

S6. Warehouse Records and Stock Discrepancies

We use reasonable efforts to record goods received into or dispatched from the warehouse based on the information and paperwork provided.

You’re responsible for making sure goods delivered to us match the relevant paperwork, labels, item numbers, quantities and descriptions.

We’re not responsible for discrepancies caused by incorrect, incomplete or unclear customer paperwork, labelling, item descriptions, packaging or instructions, except to the extent caused by our negligence, wilful misconduct or breach of a non-excludable legal obligation.

If we provide stocktake results, inventory records or warehouse reports, please tell us about any alleged discrepancy within 24 hours of receiving the report, or as soon as reasonably possible if that timeframe isn’t practical.

S7. Customer Access to Warehouse

If you or your representatives need access to our warehouse, please arrange it in advance. Access is subject to our approval, business hours, site safety requirements, security procedures and operational availability.

All visitors must report to office staff immediately on arrival and must not enter warehouse, depot, loading, dispatch, storage or operational areas unless authorised by our staff.

You’re responsible for making sure your representatives comply with all site rules, safety directions and access requirements.

S8. Warehouse Insurance

Unless we expressly agree in writing, our warehousing charges don’t include insurance for goods stored with us.

You’re responsible for arranging insurance for stored goods if you need it.

Subject to the Non-Excludable Rights clause in the main terms, we are not liable for loss, damage or deterioration caused by events outside our reasonable control, including burglary, theft, flood, water leakage, fire, heat, smoke, fumes, pest, vermin, damp, mildew, rust, labour disputes, acts of nature, riot, civil commotion, explosion, vandalism, third-party goods, defective packaging, inherent defect, perishability or deterioration.

S9. Warehouse Lien and Uncollected Goods

The lien, payment, overdue account, storage, uncollected goods and PPSA clauses in the main terms apply to goods stored with us.

If warehousing charges or related amounts remain unpaid, we may hold goods and take recovery action to the extent permitted by law.

Before selling or disposing of goods to recover unpaid amounts, we will give notice where required by law.