Terms & Conditions

1. Parties and Agreement

These Terms and Conditions ("Terms") govern the provision of transport and logistics services by Ozwest Transport ("Ozwest", "we", "us", "our"), a business registered in Western Australia, to you ("the Customer"). By requesting, accepting, or using our services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement under the laws of Western Australia and the Commonwealth of Australia.

2. Services

Ozwest Transport provides heavy machinery and equipment transport services across Western Australia, including but not limited to:

• —Beavertail truck transport
• —Flat bed transport for oversized and irregular loads
• —Machinery relocation (excavators, bulldozers, forklifts, EWPs, agricultural equipment)
• —24/7 emergency recovery and towing
• —General freight transport up to 14 tonne capacity

All services are subject to availability, vehicle capacity, and operational feasibility. We reserve the right to decline any job at our discretion, including where loads are deemed unsafe, illegal, or exceed our equipment's rated capacity.

3. Quotes and Pricing

All quotes provided by Ozwest Transport are estimates only and are subject to change based on:

• —Actual weight and dimensions of the equipment upon inspection
• —Site access conditions (e.g. soft ground, restricted access, distance from hardstand)
• —Changes to pickup or delivery locations after the quote is issued
• —Permit and escort requirements for oversize or overmass loads under the Road Traffic (Administration) Act 2008 (WA)
• —Fuel levies, tolls, or third-party fees applicable at the time of transport

A confirmed quote must be accepted in writing (email or SMS) before work commences. GST is applicable to all services and will be included in the final invoice.

4. Customer Obligations

The Customer agrees to:

• —Provide accurate and complete information regarding the equipment to be transported, including weight, dimensions, and any known mechanical issues
• —Ensure safe access to the pickup and delivery locations, including suitable hardstand or road access for our vehicles
• —Ensure equipment is in a condition fit for transport (e.g. fuel tanks not overfilled, buckets/attachments secured)
• —Obtain any necessary site permits or permissions for access
• —Be present or have an authorised representative present at pickup and delivery unless otherwise agreed in writing

Any additional costs incurred due to the Customer's failure to meet these obligations (including waiting time, failed delivery, or site access issues) will be charged to the Customer.

5. Liability and Insurance

Ozwest Transport carries public liability insurance and goods-in-transit insurance appropriate to our operations. Our liability to the Customer is limited as follows:

• —We are not liable for loss, damage, or delay arising from circumstances beyond our reasonable control, including adverse weather, road closures, or mechanical breakdown
• —We are not liable for pre-existing damage to equipment or damage resulting from the Customer's failure to adequately prepare or describe the equipment
• —Our maximum liability for any single claim shall not exceed the value of the transport service fee paid for that job
• —We are not liable for consequential, indirect, or economic losses (including loss of hire or business interruption)

Customers are advised to hold their own transit insurance for high-value equipment. Nothing in these Terms limits liability that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or the Fair Trading Act 2010 (WA).

6. Damage Claims

Any claim for damage to equipment must be notified to Ozwest Transport in writing within 24 hours of delivery. Claims notified after this period may not be accepted. The Customer must preserve all evidence and allow Ozwest to inspect the alleged damage before undertaking any repairs. Ozwest will not be liable for damage that is not documented at the time of delivery on a signed delivery receipt.

7. Payment Terms

Unless otherwise agreed in writing:

• —Payment is due on completion of the transport job (COD) unless a credit account has been established
• —Credit account customers: payment is due within 14 days of invoice date
• —Ozwest reserves the right to charge interest of 2% per month on overdue amounts
• —Ozwest reserves the right to retain possession of equipment until payment is received in full (lien)
• —Recovery of debt, including legal costs on a solicitor-client basis, will be borne by the Customer in the event of default

8. Cancellations

Cancellations must be notified to Ozwest as soon as practicable. Cancellations made less than 4 hours before a confirmed booking may attract a cancellation fee of up to 50% of the agreed transport fee to cover mobilisation costs. Cancellations on the day of transport where our driver is already en route may attract a fee of up to 100% of the agreed price.

9. Compliance with Laws

All transport operations are conducted in compliance with applicable Western Australian and Commonwealth laws, including the Road Traffic (Administration) Act 2008 (WA), Road Traffic (Vehicles) Act 2012 (WA), Heavy Vehicle National Law as applied in Western Australia, and all applicable chain of responsibility (CoR) obligations under the Heavy Vehicle National Law Act 2012. The Customer acknowledges their own CoR obligations and agrees to cooperate with Ozwest to ensure legal compliance.

10. Subcontracting

Ozwest Transport reserves the right to subcontract any part of the services to a qualified third-party transport operator where necessary. We remain responsible for the performance of subcontracted services to the extent set out in these Terms.

11. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation within 14 days of written notice. If the dispute cannot be resolved, it may be referred to mediation before the Small Business Development Corporation (WA) or another agreed mediator. These Terms are governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.

12. Privacy

The collection and handling of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to the collection and use of your personal information as described in that policy.

13. Changes to These Terms

Ozwest Transport reserves the right to update these Terms at any time. The current version will always be available on our website. Continued use of our services after an update constitutes acceptance of the revised Terms.