Metro Icon Terms and Conditions
  1. METROPOLITAN EXPRESS TRANSPORT SERVICES PTY LTD (ABN 20 007 380 127) or any other associated entities as per Section 50 of the Corporations Act 2001, ("the Carrier") which expression shall include unless the context otherwise requires its servants, agents, subcontractors, IS NOT A COMMON CARRIER and will accept no liability as such. The Carrier reserves the right to refuse the carriage of or transport of goods for any person, corporation or company and the carriage or transport of goods for any person, corporation or company and the carriage or transport of any class of goods at its discretion.

  2. (a) The Customer warrants that the goods comply with the requirement of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs, warehouse or other authority or Company shall be paid by the Customer.

    (b) If any of the goods are subject to the control of the Customs then the Customer hereby agrees to hold the Carrier harmless and indemnified in respect of all customs duty, excise duty and costs which the Carrier becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to customs or excise.

  3. The Carrier excludes all liability for, and the Customer releases and indemnifies the Carrier, its officer, employees, agents and subcontractors from and in respect of all claims, demands, actions, liability and loss including from any claim by any person in tort, contract, bailment or otherwise for loss or damage to any property, injury to, or death of any person arising out of any acts or omissions of the Carrier in any way arising out of the provision of Services by the Carrier.

  4. Insurance will not be arranged by the carrier except with the express instruction in writing of the customer and then only at his expense and on lodgement of a declaration as to value prior to collection.

  5. Fees shall be considered earned whether the goods are delivered to the Consignee or not (provided non delivery is not due to the fault of Metropolitan Express Transport Services) and, whether damaged or otherwise and under no circumstances will any payment for fees be refunded.

  6. Unless otherwise agreed, the Customer shall pay all monies to Metropolitan Express Transport Services within seven (7) days from receipt of invoice. In the event Metropolitan Express Transport Services Pty Ltd approves a credit account for the customer, the customer shall pay Metropolitan Express Transport Services within thirty (30) days from receipt of invoice. In the event payment is not made in accordance with these terms Metropolitan Express Transport Services shall be at liberty to charge the Customer interest on the outstanding balance on the date of invoice until the date of payment at the rate of 12%.

  7. The rates, which Metropolitan Express Transport Services will charge, may be reviewed by Metropolitan Express Transport Services from time to time to reflect any cost increases in the supply of the services. Metropolitan Express Transport Services, upon advising the Customer in writing of any rate increases, will be entitled to charge at the increased rates.

  8. All rates and amounts expressed or described in this agreement are GST exclusive rates and amounts. Subject to this clause, if any GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time) ("GST") is payable by any party (‘Supplier') in respect of the supply of any goods, services or any other things to another party (‘Recipient'), then the rate or amount expressed or described in this agreement (‘Original Amount') is to be increased so that the Supplier receives an amount (‘Increased Amount') which, after subtracting the GST liability of the Supplier on that Increased Amount, results in the Supplier retaining the Original Amount after payment of that GST liability. The Supplier will do all things reasonably available to it to assist the Recipient to claim on a timely basis any input tax credits (if any) the Recipient may be entitled to claim for any acquisition of goods, services or any other thing from the Supplier. This includes the Supplier maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under this agreement on a timely basis as reasonably requested by the Recipient. The Supplier acknowledges that under the GST Law the Supplier is required, from the date the GST is imposed, to reduce the consideration payable by the Recipient to the extent that the cost to the Supplier of supplying any goods, services or other things under this Agreement is reduced.

  9. It is agreed that the person delivering any goods to the Carrier is authorised to sign the Consignment Note for the Customer.

  10. Should the Consignee of the goods described not be in attendance at the address given during normal trading hours, when delivery is attempted, an additional charge may be made at ruling rates for each call until delivery is accomplished.

  11. Goods may be on-forwarded by any means at the Carrier's discretion.

  12. The Carrier is hereby authorised to arrange for the carriage of the goods by any independent contractor or employee of the Carrier.

  13. It is specially agreed that all the rights, immunities and limitations of liability granted to the Carrier by the provisions set forth in the above conditions of carriage shall continue to have full force and effect in all circumstances notwithstanding any breach of the contract or of any conditions hereof by the Carrier.

  14. The Customer shall specifically declare and fully describe in writing in the space provided herein the name and the nature and the value of all goods subject to special rates of carriage or of a noxious dangerous hazardous or inflammable nature or capable of causing damage or injury to any other goods, or to any persons or animals with which, or to any store, vessel, vehicle wagon, van, aircraft or other conveyance of any kind whatsoever in which they may be loaded, carried, packed or stored, or which are liquid or partly liquid, and additional freight charges shall be paid on such goods if deemed necessary by the Carrier.

  15. PACKING: In regard to goods which the Carrier has been requested by the Customer to pack the Carrier shall not be liable for any damage or loss whatsoever whether in the course of packing or in transit or otherwise and howsoever occasioned to the said goods or any of them.

  16. The Carrier may and is hereby expressly authorised by the Customer to carry all goods or to have them carried by any method which the Carrier in its absolute discretion deems fit notwithstanding any instructions verbal or otherwise of the Customer that the goods be carried by another method.

  17. The Customer agrees that it shall not employ or engage any of Metropolitan Express Transport Services' employees, contractors or agents during the term of this agreement or a period of 12 months after the termination of this agreement.

  18. The Carrier is not bound by any waiver, discharge or release of a condition or any agreement which would vary the conditions unless it is in writing and signed by a director of the Carrier.

  19. If any condition or part thereof is unenforceable, the unenforceability shall not affect any other part of the condition or other conditions.

  20. In consideration of Metropolitan Express Transport Services agreeing to provide the Customer with courier services on credit, the persons described in the Application as the Guarantors ("the Guarantors"):

    (a) Agree that they are jointly and severally obliged to pay all monies due to Metropolitan Express Transport Services pursuant to the above terms and conditions;

    (b) Agree that they will pay such monies on demand by Metropolitan Express Transport Services or its solicitors or agents;

    (c) Agree that their obligations under paragraphs (a) and (b) hereof continue until Metropolitan Express Transport Services releases them in writing and without limiting the generality of the foregoing, such obligations shall not cease or be altered in any way by;

    (i) Metropolitan Express Transport Services granting to the Customer any extension, indulgence or  concession;

    (ii) Metropolitan Express Transport Services ceasing to supply services to the Customer on credit;

    (iii) Metropolitan Express Transport Services or the Customer being placed in any form of external     administration under the Corporations Law; and

    (iv) The balance of the Customer's account being reduced to nil at any given time;

    (d) Hereby indemnify and agree to keep Metropolitan Express Transport Services indemnified against any failure by the Customer in the performance of its obligations pursuant to the above terms and conditions to the same extent as if they were the Customer.

  21. For the purposes of assessing their credit worthiness as guarantors of the Customer from time to time and the collection of payments, they hereby irrevocably authorise Metropolitan Express Transport Services, its servants and agents to make such enquiries as they deem necessary including, but not limited to, making enquiries with and obtaining reports (as may be allowed by law) from persons nominated by them as referees, our creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (hereinafter called "the information sources") and they agree and consent to the information sources providing to Metropolitan Express Transport Services such information as is requested by Metropolitan Express Transport Services and permitted to be given by law for the aforesaid purposes. The Guarantors also consent to Metropolitan Express Transport Services disclosing the contents of any credit report or personal information to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to them.

  22. The Guarantors have been advised by Metropolitan Express Transport Services to obtain legal advice regarding this Guarantee and Indemnity prior to signing it and they have either obtained that advice or elected to proceed without obtaining legal advice.