TERMS OF SERVICES
Le Mans 24 Pty Ltd
Effective Date: November 2025
1. Introduction and Acceptance of Terms
1.1 The Agreement
These Terms of Service govern the provision of vehicle transportation services by Le Mans 24 Pty Ltd to you, the Customer. By requesting a quote, confirming a booking, or accepting the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement.
1.2 Not a Common Carrier
We are not a common carrier and do not accept any liability as such. We reserve the right to refuse the carriage of any vehicle or goods at our discretion.
1.3 Governing Law
These Terms are governed by the laws of Queensland and the Commonwealth of Australia, including the Australian Consumer Law (ACL) and the Heavy Vehicle National Law (HVNL).
2. Customer Warranties and Chain of Responsibility (CoR) Obligations
You acknowledge and agree that you are a party in the transport supply chain and have obligations under the Chain of Responsibility (CoR) Laws.
2.1 Customer Warranties
You warrant to us that:
1. Ownership and Authority: You are the legal owner or the authorised agent of the Vehicle's owner and have full authority to enter this Agreement.
2. Accurate Information: All details provided (including Vehicle dimensions, weight, running status, and condition) are complete, true, and accurate.
3. Dangerous Goods Compliance: The Vehicle is free from any items classified as Dangerous Goods (see Clause 3.2).
2.2 CoR Compliance (Mass, Dimension, and Loading)
As the Consignor (sender/dealer) or Consignee (receiver/customer), you must not cause or encourage a breach of the Heavy Vehicle National Law (HVNL).
You warrant that:
1. Load Limits: You will not require us to transport the Vehicle if doing so would cause the total load (including any goods left inside the vehicle) to exceed legal mass or dimension limits.
2. Loading Instructions: If you are responsible for loading, the load will be safely restrained in compliance with the latest Load Restraint Guide and relevant laws.
3. Scheduling/Fatigue: You will not impose delivery or collection schedules, or make demands, that would require or encourage our drivers or agents to exceed speed limits, regulated driving hours, or drive while fatigued.
You indemnify us against any penalties, fines, claims, or losses arising from your breach of the CoR Laws.
3. Vehicle Preparation and Inspection
3.1 Vehicle Preparation
Prior to collection, you must ensure:
1. The fuel tank contains no more than 1/4 full of fuel.
2. The Vehicle is unlocked, keys are provided, and the alarm is disabled.
3. All electronic toll tags are removed.
4. All loose or detachable parts (e.g., roof racks, spoilers, non-retractable aerials) are removed or securely fastened.
3.2 Prohibited Goods and Personal Effects
We accept no liability for personal items or non-factory goods left in the Vehicle.
Removal: You must remove all personal effects, cash, electronics, or valuables from the Vehicle.
Dangerous Goods: Strictly Prohibited. You must not leave any Dangerous Goods in the Vehicle (e.g., firearms, ammunition, flammable liquids, gases, illegal items). If discovered, we may dispose of or destroy them immediately at your risk and expense, and you indemnify us for all resulting costs.
3.3 Vehicle Condition Report
1. Inspection: We will prepare a Vehicle Condition Report at the time of collection, documenting visible pre-existing damage.
2. Acceptance: You or your authorised agent must sign the Condition Report. If the collection is unattended, or if you fail to sign, the Report prepared by our driver will be deemed accurate and accepted.
3. Post-Delivery Inspection: You or the receiver must inspect the Vehicle upon delivery. Any alleged damage incurred during transit must be **noted on the delivery documentation before signing**. Failure to note damage upon delivery may prejudice your claim.
4. Time, Delays, and Delivery
4.1 Transit Times
All collection and delivery dates/times are estimates only and are based on current conditions and typical freight schedules. We do not guarantee delivery or collection times and will not be liable for any loss or damage caused by delays, including those resulting from traffic, breakdowns, road closures, or adverse weather events. We encourage you to not make travel or business plans based on estimated times.
4.2 Delivery Conditions
1. Successful Delivery: Delivery is deemed complete when the Vehicle is physically handed over to you or your agent at the delivery address, and an acknowledgement of delivery is obtained.
2. Unattended Delivery: If the delivery address is unattended or unsuitable, we may, at our sole discretion and your risk and expense:
a. Deposit the Vehicle at a nearby location deemed secure.
b. Return the Vehicle to our nearest depot.
c. You will be liable for any re-delivery or storage charges incurred.
5. Pricing, Payment, and Cancellation
5.1 Charges and Payment
Invoicing: The quoted price is based on the information provided by you. If the Vehicle's actual dimensions, weight, or running status differ, we reserve the right to revise the quote and charge an additional fee.
Payment Terms: Full payment is required before we collect the vehicles unless you hold an active credit account with us.
5.2 Strict No Cancellation Policy
1. Binding Agreement: Once payment is successfully processed, the transport booking is considered firm and binding. Resources (driver, truck, and scheduling slot) are immediately allocated to your job, forming a non-cancellable contract for the delivery of the service.
We operate a strict No Cancellation Policy. You acknowledge that once payment is made, you do not have a right to cancel the Services, as the booking process confirms the mutual agreement and allocation of resources.
6. Limitation of Liability and Insurance
6.1 Application of Australian Consumer Law (ACL)
Our Services come with guarantees under the ACL (e.g., services will be provided with due care and skill, and will be fit for purpose) that cannot be excluded or limited. These Terms do not exclude, restrict, or modify any rights or remedies you may have under the ACL that are not lawfully excluded or limited.
6.2 Exclusion of Liability
To the extent permitted by the ACL, we exclude all liability for:
1. Consequential Loss: Loss of profit, business interruption, loss of market, or any indirect, incidental, or consequential loss arising from the Services.
2. Pre-Existing Damage: Damage not caused by our proven negligence or which was noted on the Vehicle Condition Report.
3. Low Clearance: Damage to the underside, bumpers, or concealed areas of vehicles with ground clearance less than 150mm.
4. Personal Property: Loss or damage to any personal items, keys, or goods left in the Vehicle (see Clause 3.2).
6.3 Limitation of Liability
Subject to the ACL, our liability for any loss or damage to the Vehicle caused by our proven negligence is limited to the lesser of:
1. The cost of repairing the damaged Vehicle part; or
2. The current market value of the Vehicle.
6.4 Customer Insurance
We strongly recommend that you obtain and maintain your own comprehensive insurance coverage for the Vehicle, covering transit-related risks and fully covering the value of the Vehicle.
7. Disputes and Complaints
If you have a query or complaint about the Services, please contact us immediately in writing:
CONTACT DETAILS
Subject: Service Complaints
Email: [Your Complaints Email Address]
Phone: [Your Business Phone Number]
We will acknowledge your complaint within a reasonable timeframe and aim to resolve the issue promptly and fairly in accordance with the ACL.
