Conditions of carriage
The standard terms on which GSW Transport accepts and carries freight.
Placeholder legal text. This is a generic sample, not legal advice. Have your own conditions of carriage prepared or reviewed by a lawyer before relying on them.
Version 1.0 · Last updated 1 September 2026
1. Application
These conditions apply to all freight carried by GSW Transport Pty Ltd (ABN 45 666 728 016, ACN 666 728 016) of 9 Dearden Road, Byford WA 6122, unless a separate written contract has been signed by both parties.
By tendering goods for carriage, the customer accepts these conditions on their own behalf and on behalf of the consignor, consignee and owner of the goods.
2. Carrier status
Goods are accepted as a carrier and not as a common carrier, bailee or warehouseman, and the Carrier may refuse carriage of any goods.
The Carrier may use subcontractors. These conditions extend to the benefit of any subcontractor engaged by the Carrier.
3. Customer warranties
The customer warrants that goods are correctly described, properly packed and labelled, and fit to withstand the ordinary rigours of road transport.
The customer warrants that declared weight and dimensions are accurate. Additional charges apply where actual weight or dimensions exceed those declared.
Dangerous goods must be declared, classified, packaged, marked and documented under the Australian Dangerous Goods Code before being tendered.
4. Delivery
Delivery and transit times are estimates only and are not guaranteed. The Carrier is not liable for loss arising from delay unless a written guaranteed-delivery agreement is in place.
Where written authority to leave has been given, delivery is complete when the goods are left at the nominated address and the Carrier's liability ends at that point.
Where delivery cannot be completed, goods are returned to the Carrier's yard and storage and redelivery charges may apply.
5. Charges and payment
Charges are calculated on the greater of actual or cubic weight, plus applicable surcharges including fuel levy, timed delivery, temperature control, waiting time and permit costs.
Account customers must pay within 30 days from end of month of invoice unless agreed otherwise in writing. Overdue amounts may attract interest and recovery costs.
The Carrier holds a general lien over goods in its possession for amounts owing.
6. Liability
To the extent permitted by law, liability for loss or damage is limited to the lesser of the cost of repair, the replacement value of the goods, or the limit stated in the Carrier's current carrier's liability policy.
The Carrier is not liable for consequential loss, loss of profit, loss of market or indirect loss of any kind.
Nothing in these conditions excludes any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
7. Insurance
Carrier's liability cover is not transit insurance. Customers are encouraged to arrange their own marine cargo or transit insurance for the full value of the goods.
The Carrier can arrange transit insurance on request, at the customer's cost, where the declared value is advised before carriage begins.
8. Claims
Loss or damage must be noted on the consignment note at delivery and notified in writing within 48 hours.
Claims for non-delivery must be made in writing within 14 days of the expected delivery date. The Carrier is not liable for claims made outside these periods.
9. Chain of Responsibility
All parties in the supply chain have obligations under heavy vehicle law. The customer must not ask, direct or incentivise the Carrier or its drivers to exceed speed limits, breach work and rest hour requirements, or exceed mass, dimension or load restraint limits.
The Carrier will refuse any instruction that would result in a breach and is not liable for delay caused by that refusal.
10. Governing law
These conditions are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.