Terms of service
The terms on which JS Highway Transport Pty Ltd provides road freight services and operates this website.
1. These terms
These terms of service govern your use of this website and, unless we have signed a separate written agreement with you, the freight transport services supplied by JS Highway Transport Pty Ltd ("we", "us", "our"). By using this website, requesting a quote or booking a consignment, you agree to these terms.
Where we have entered into a separate written carriage or credit agreement with you, that agreement prevails to the extent of any inconsistency with these terms.
2. Quotes, bookings and rates
Quotes are based on the information you give us — including pickup and delivery locations, access conditions, freight description, dimensions, weight and timing. A quote is an invitation to book, not a binding contract, and is valid for 30 days from issue unless stated otherwise.
A booking is accepted only when we confirm it in writing. If the freight presented differs materially from what was quoted — for example in weight, dimensions, quantity, packaging or access requirements — we may re-quote the job, adjust the rate, or decline the consignment.
Unless stated otherwise, quoted amounts exclude GST, tolls, permit fees, waiting time beyond the free period, futile pickup or delivery attempts, and any additional handling equipment required at either end.
3. Your obligations as customer
You must:
- describe the freight accurately and completely, including its weight, dimensions and nature;
- package, palletise and label goods so they can withstand ordinary handling and road transport;
- declare in advance any dangerous goods, and ensure they are classified, packaged, marked and documented as required by law — undeclared dangerous goods will be refused, and you are responsible for any loss arising from a failure to declare them;
- tell us of any access limitation, site induction requirement, permit condition, booking slot or unloading restriction at either end;
- ensure a competent person is available to load or receive the freight at the agreed times, and to sign the consignment note;
- hold all necessary authority to consign the goods and to give the instructions you give us.
You acknowledge that chain-of-responsibility duties for heavy vehicle transport are shared across the supply chain and that, as a consignor, packer, loader or receiver, you must not ask or induce us to carry a load, or meet a schedule, that would require a breach of mass, dimension, load restraint or fatigue requirements.
4. Delivery times
We plan every job to a realistic schedule and will tell you promptly if it changes. However, transit and delivery times are estimates only and are not guaranteed. Road closures, weather, flooding, unsealed road conditions, vehicle breakdown, port or site delays, industrial action and regulatory inspections can all affect timing, and we do not accept liability for consequential loss caused by a delay that is outside our reasonable control.
5. Refusal, cancellation and storage
We may refuse or return a consignment that is unsafe, unlawful, inadequately packaged, incorrectly described, or that we are not equipped to carry. Where we refuse a consignment after attending, a futile-attempt charge may apply.
You may cancel a booking by written notice. Cancellations made after a vehicle has been dispatched, or after a permit has been obtained for the movement, may attract a charge covering the costs we have already incurred.
If freight cannot be delivered because access is unavailable, no authorised person is present, or delivery is refused, we may return the freight or arrange storage at your cost, and reasonable storage and re-delivery charges will apply.
6. Payment
Invoices are payable within the period stated on the invoice or, where no period is stated, within 14 days of the invoice date. We may charge interest on overdue amounts at a reasonable commercial rate and recover reasonable costs of collection. We may suspend further services while an account is overdue.
7. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that applies to you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law where to do so would be unlawful.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law applies to you and our services fail to meet a consumer guarantee, you are entitled to a remedy under that law. For a major failure with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
To the extent permitted by law and where our liability may lawfully be limited, our liability for a failure to comply with a consumer guarantee in relation to services is limited to resupplying the services or paying the cost of having the services resupplied.
8. Limitation of liability
Subject to clause 7 and to any other rights you have that cannot lawfully be excluded:
- we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of contract, loss of production, or loss of opportunity arising out of the carriage of goods or the use of this website;
- our total aggregate liability in connection with a consignment is limited to the freight charges paid for that consignment;
- we are not liable for loss or damage caused by inherent vice in the goods, inadequate packaging, incorrect description, latent defect, or acts or omissions of you or your agents;
- we are not liable for failure or delay caused by an event beyond our reasonable control, including natural disaster, extreme weather, road closure, fire, epidemic, industrial action, or an act of a government or regulator.
Goods are not insured by us in transit unless we have agreed to arrange transit insurance in writing. You should maintain your own goods-in-transit or marine cargo insurance appropriate to the value of the freight.
9. Claims
Any claim for loss of or damage to freight must be noted on the consignment note or proof-of-delivery document at the time of delivery where the loss or damage is apparent, and must be notified to us in writing within seven days of delivery, or within seven days of the expected delivery date where the freight has not arrived. We must be given a reasonable opportunity to inspect the goods and their packaging before they are disposed of or repaired.
10. Website use and intellectual property
All content on this website — including text, layout, design, code, graphics and the JS Highway Transport name and marks — is owned by or licensed to JS Highway Transport Pty Ltd and is protected by Australian and international copyright and trade mark law.
You may view, download and print pages of this website for your own business use in evaluating or engaging our services. You may not reproduce, republish, adapt, distribute or commercially exploit any part of it without our prior written permission, and you may not use the site in a way that damages it, interferes with its availability, or breaches any law.
Information on this website is provided in good faith and for general information. It does not constitute advice, and it may change without notice.
11. Privacy
Personal information collected in connection with our services is handled in accordance with our privacy policy, which forms part of these terms.
12. Termination and suspension
Either party may end an ongoing service arrangement by giving reasonable written notice. We may suspend or terminate services immediately, without liability, if you materially breach these terms, fail to pay an overdue account, present goods that are unlawful or unsafe, or ask us to act in a way that would breach heavy vehicle or dangerous goods law.
Termination does not affect rights or obligations that accrued before it, including your obligation to pay for services already performed. Clauses 7, 8, 9, 10 and 13 survive termination.
13. Governing law
These terms and any contract for the carriage of goods formed under them are governed by the laws of the State of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts competent to hear appeals from them.
14. General
If any provision of these terms is found to be invalid or unenforceable, it is severed and the remaining provisions continue in force. Our failure to enforce a provision is not a waiver of it. We may update these terms from time to time by publishing a revised version on this page; the version in force when your booking is confirmed applies to that booking.
15. Contact
Questions about these terms can be sent to [email protected], addressed to JS Highway Transport Pty Ltd, Perth, WA 6110, Australia.
Need these terms clarified before you book?
Ask before the truck is loaded. We would rather resolve a question at quote stage than at a loading dock.