Terms & Conditions

 

DEFINITIONS

“Wheatbelt Tilt Tray & Earthworks” includes its owners, employees, drivers, subcontractors, associates, agents, representatives, contractors, affiliated operators, and any third-party providers engaged on behalf of the business.

“The Customer” means any individual, company, partnership, organisation, entity, or representative requesting, booking, approving, instructing, or accepting services.

“Goods” includes any vehicle, machinery, equipment, freight, agricultural machinery, trailer, container, attachment, implement, contents, personal belongings, or items transported, handled, recovered, loaded, unloaded, stored, or moved.

ACCEPTANCE OF TERMS

Acceptance of any estimate, quote, booking, invoice, work order, SMS confirmation, email approval, online quote approval, verbal instruction, or use of services constitutes acceptance of these Terms & Conditions in full.

The Customer acknowledges they have read, understood, and agreed to all terms, conditions, exclusions, indemnities, limitations of liability, owner’s risk provisions, recovery risk acknowledgements, and payment obligations contained herein.

CUSTOMER AUTHORITY

The Customer warrants they:
• are legally authorised to request the services;
• own the Goods or have authority from the owner;
• authorise towing, transport, loading, unloading, recovery, storage, and movement of the Goods.

The Customer indemnifies Wheatbelt Tilt Tray & Earthworks against any ownership dispute, seizure, legal claim, or loss arising from lack of authority.

QUOTES & ESTIMATES

All estimates and quotes are based on information supplied by the Customer and are estimates only unless expressly confirmed in writing.

Additional charges may apply where actual site conditions, load conditions, dimensions, accessibility, recovery requirements, delays, hazards, or circumstances differ from the information originally supplied.

Additional charges may include but are not limited to:
• waiting time;
• site delays;
• loading or unloading delays;
• weather delays;
• after-hours/public holiday rates;
• oversized loads;
• permits or escorts;
• crane or winching requirements;
• difficult access;
• bogged recoveries;
• failed attendance;
• dangerous conditions;
• traffic management;
• quarantine or biosecurity requirements;
• contamination;
• additional labour or equipment requirements.

FUEL SURCHARGES & PRICE ADJUSTMENTS

Wheatbelt Tilt Tray & Earthworks reserves the right to adjust pricing where significant increases occur in:
• fuel prices;
• tolls;
• permits;
• supplier charges;
• labour costs;
• freight costs;
• operating expenses;
• subcontractor costs.

PAYMENT TERMS

Payment is strictly due on delivery/completion of the job unless otherwise agreed in writing.

Wheatbelt Tilt Tray & Earthworks may require:
• deposits;
• upfront payment;
• progress payments;
• cleared funds prior to service commencement.

Overdue accounts may incur:
• administration fees;
• interest;
• legal costs;
• debt recovery costs;
• collection agency fees;
• storage charges;
• enforcement expenses.

The Customer remains liable for all reasonable costs incurred recovering overdue amounts.

CALLOUTS, DISPATCH & FAILED ATTENDANCE

Callout charges apply once a vehicle, truck, operator, subcontractor, or recovery unit has been dispatched.

Charges remain payable where:
• Goods are unavailable;
• access is blocked;
• incorrect information was supplied;
• the Customer is absent;
• the job cannot proceed safely;
• the vehicle or equipment cannot be moved;
• the site is unsafe;
• weather prevents safe operation;
• permits or approvals are unavailable.

WAITING TIME

Waiting time charges may apply where delays occur due to:
• loading/unloading delays;
• site access delays;
• customer unavailability;
• mechanical issues;
• traffic management;
• permit delays;
• third-party delays;
• weather;
• supplier delays;
• site hold-ups outside reasonable control.

OWNER’S RISK

Except where liability cannot legally be excluded under Australian law, all transport, towing, recovery, loading, unloading, handling, and storage services are carried out entirely at the Customer’s and/or owner’s risk.

DAMAGE TO GOODS & LIMITATION OF RESPONSIBILITY

Except where liability cannot legally be excluded under Australian law, Wheatbelt Tilt Tray & Earthworks is not liable for loss of, theft of, deterioration of, or damage to:
• vehicles;
• machinery;
• freight;
• equipment;
• trailers;
• agricultural machinery;
• attachments;
• accessories;
• tools;
• contents;
• personal belongings;
• or any Goods transported, recovered, handled, loaded, unloaded, stored, or moved.

This includes damage or loss arising from:
• loading or unloading;
• towing or transport;
• recovery operations;
• winching;
• vibration;
• road conditions;
• weather exposure;
• straps, chains, or tie-down systems;
• shifting loads;
• mechanical failure;
• electrical failure;
• hidden defects;
• pre-existing weaknesses;
• unavoidable accidents;
• acts of third parties;
• movement during transit;
• flood, fire, or storm damage;
• circumstances outside reasonable control.

The Customer acknowledges transport and recovery services inherently involve risk, particularly involving:
• accident vehicles;
• damaged vehicles;
• lowered vehicles;
• modified vehicles;
• immobile vehicles;
• oversized machinery;
• seized components;
• bogged vehicles;
• rolled vehicles;
• burnt or flood-damaged equipment.

The Customer is responsible for ensuring adequate insurance cover exists for all Goods.

CUSTOMER RESPONSIBILITIES

The Customer must provide accurate information regarding:
• dimensions;
• weight;
• operational condition;
• modifications;
• hazards;
• dangerous goods;
• contamination;
• access conditions;
• recovery requirements;
• biosecurity risks;
• contents within transported items.

Wheatbelt Tilt Tray & Earthworks may rely entirely upon the information supplied.

PRE-EXISTING & HIDDEN DAMAGE

Wheatbelt Tilt Tray & Earthworks is not responsible for:
• pre-existing damage;
• hidden damage;
• rust;
• deterioration;
• mechanical failures;
• wheel lock issues;
• seized brakes;
• lowered vehicle clearance issues;
• air suspension failures;
• tyre failures;
• concealed defects;
• poor maintenance;
• unsecured items;
• shifting contents;
• fluid leaks;
• wear and tear.

HIGH-RISK RECOVERY OPERATIONS

Recovery operations involving:
• bogged vehicles;
• unstable terrain;
• accident scenes;
• rollover recovery;
• flood damage;
• fire damage;
• remote areas;
• off-road conditions;
• unstable machinery;
• heavily damaged equipment;

carry inherent risk.

The Customer acknowledges additional damage may occur despite reasonable care being exercised.

ACCESS & GROUND CONDITIONS

The Customer is responsible for ensuring safe and suitable site access.

Wheatbelt Tilt Tray & Earthworks is not liable for:
• driveway damage;
• paving damage;
• cracked concrete;
• irrigation damage;
• landscaping damage;
• underground service damage;
• rutting;
• soft ground damage;
• access-related property damage;

where reasonable access is attempted under customer instruction or operational necessity.

CHAIN OF RESPONSIBILITY

The Customer acknowledges obligations under applicable transport legislation and Chain of Responsibility laws.

The Customer warrants all information supplied is lawful, accurate, and compliant.

The Customer indemnifies Wheatbelt Tilt Tray & Earthworks against fines, penalties, claims, losses, or prosecutions arising from inaccurate, overloaded, unsafe, or unlawful instructions.

DELIVERY TIMES & DELAYS

Any collection or delivery time provided is an estimate only.

Wheatbelt Tilt Tray & Earthworks does not guarantee specific collection, delivery, or completion times.

Wheatbelt Tilt Tray & Earthworks is not liable for delays caused by:
• traffic;
• weather;
• road closures;
• accidents;
• fatigue compliance;
• mechanical breakdowns;
• supplier delays;
• emergencies;
• government directions;
• natural disasters;
• circumstances outside reasonable control.

BIOSECURITY & CONTAMINATION

The Customer must disclose:
• dangerous goods;
• hazardous materials;
• chemical contamination;
• biosecurity risks;
• quarantine restrictions;
• livestock contamination;
• agricultural contamination risks.

Additional cleaning, quarantine, inspection, disposal, wash-down, delay, decontamination, or compliance costs remain payable by the Customer.

DRIVER SAFETY & BEHAVIOUR

Wheatbelt Tilt Tray & Earthworks may refuse, stop, delay, or withdraw services where:
• conditions are unsafe;
• abusive or aggressive behaviour occurs;
• threats are made;
• drugs or alcohol are involved;
• illegal instructions are given;
• fatigue or safety risks arise;
• loads are unsafe or non-compliant.

Any costs incurred prior to service withdrawal remain payable.

STORAGE & ABANDONED GOODS

Storage fees accrue daily unless otherwise agreed.

Wheatbelt Tilt Tray & Earthworks may retain possession of Goods until all outstanding invoices and charges are paid.

Where Goods remain abandoned, unpaid, or uncollected beyond a reasonable period, Wheatbelt Tilt Tray & Earthworks may exercise lawful rights relating to:
• retention;
• disposal;
• auction;
• sale;
• recovery of unpaid amounts.

SUBCONTRACTORS & THIRD PARTIES

Wheatbelt Tilt Tray & Earthworks may engage subcontractors, freight carriers, pilot vehicles, recovery operators, contractors, or third-party providers as required.

All exclusions, protections, indemnities, and limitations contained within these Terms extend to such parties.

LIMITATION OF LIABILITY

To the maximum extent permitted by law:
• liability is limited to re-supply of services or the cost of re-supply;
• indirect or consequential loss is excluded;
• loss of profits, crops, livestock, contracts, business interruption, accommodation, hire costs, downtime, or income is excluded.

CUSTOMER INDEMNITY

The Customer indemnifies Wheatbelt Tilt Tray & Earthworks against all claims, losses, liabilities, damages, penalties, costs, and expenses arising from:
• inaccurate information;
• unlawful instructions;
• unsafe conditions;
• ownership disputes;
• contamination;
• dangerous goods;
• breaches of legislation;
• negligent acts or omissions of the Customer.

FORCE MAJEURE

Wheatbelt Tilt Tray & Earthworks is not liable for delays or failures caused by:
• floods;
• fires;
• storms;
• natural disasters;
• illness;
• strikes;
• road closures;
• accidents;
• supplier failures;
• mechanical breakdowns;
• government action;
• circumstances outside reasonable control.

CANCELLATIONS

Cancellation fees may apply where bookings are cancelled after scheduling, dispatch, travel commencement, subcontractor engagement, or resource allocation.

ENTIRE AGREEMENT

These Terms apply to all services provided by Wheatbelt Tilt Tray & Earthworks unless expressly overridden in writing.

Any customer terms inconsistent with these Terms are rejected unless accepted in writing by Wheatbelt Tilt Tray & Earthworks.

GOVERNING LAW

These Terms are governed by the laws of Western Australia.

Any disputes are subject to the jurisdiction of the courts of Western Australia.

SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

CUSTOMER ACCEPTANCE

Acceptance of any estimate, booking, quote approval, invoice, online acceptance, SMS approval, email confirmation, verbal instruction, or use of services confirms the Customer has read, understood, and accepted these Terms & Conditions in full.