Terms & Conditions

Nitschke Chaff and Freight – Terms & Conditions of Carriage 

ABN 47 907 890 216
 

These Terms and Conditions govern the transportation and sale of goods by Nitschke Chaff and Freight (“the Carrier”) and outline the responsibilities, liabilities, and rights of both the Carrier and the Customer.

 

1. Pallet Specifications

1.1 Standard pallet dimensions are 1.2m x 1.2m x 2.4m, with a maximum weight of 1 tonne per pallet. 

1.2 Oversized or overweight pallets may incur additional charges. Pricing available upon request. 

1.3 All pricing is exclusive of fuel levy and GST unless otherwise stated.
 

2. Transport Agreement

2.1 The Carrier agrees to transport standard or custom-sized pallets, with individual pallet heights not exceeding 2.4m, from the point of origin to the agreed destination. 

2.2 All pallets must be securely wrapped, structurally sound, and suitable for transit. Unstable, leaking, or improperly packaged pallets may be refused or incur additional handling fees. 

2.3 The Carrier reserves the right to determine the method, route, and timing of carriage at its discretion.
 

3. Risk and Liability

3.1 The Carrier is not a common carrier and may refuse carriage of goods at its discretion.

3.2 All goods are carried entirely at the Customer’s risk. The Carrier shall not be liable for any loss, damage, deterioration, delay, or mis delivery of goods—including chilled, frozen, refrigerated, or perishable items—whether in transit or storage, and regardless of negligence, breach of contract, or fundamental breach.

3.3 The Carrier shall not be responsible for deterioration of goods, failure to deliver, or delay in delivery under any circumstances, including but not limited to negligence, breach of contract, or willful act or default.

3.4 The Customer is responsible for ensuring that goods do not pose a risk to vehicles, equipment, or personnel.

3.5 Any damage caused to trucks, trailers, or tools due to product leakage, corrosion, instability, or unsafe packaging may be charged back to the Customer.
 

4. Indemnity

4.1 The Customer indemnifies the Carrier against all claims, damages, and expenses arising from the carriage, including but not limited to breach of these terms, unsafe packaging, or mis-declared goods.
 

5. Payment Terms

5.1 Account customers must adhere to the payment terms outlined in their individual agreements. 

5.2 Invoices unpaid beyond 60 days may incur recovery fees and administrative charges. 

5.3 The Carrier reserves the right to suspend services or pursue legal recovery for overdue accounts.
 

6. Ownership of Goods – Chaff Sales

6.1 Title and ownership of any chaff products supplied by Nitschke Chaff and Freight remain with the Carrier until full payment is received. 

6.2 Goods remain the legal property of Nitschke Chaff and Freight until paid in full, regardless of delivery or collection status. 

6.3 In the event of non-payment, the Carrier reserves the right to recover or withhold goods and may pursue legal or recovery action to reclaim outstanding amounts.
 

7. General Provisions

7.1 These terms shall be governed by the laws of South Australia. 

7.2 Any variation to these terms must be agreed to in writing by Nitschke Chaff and Freight. 

7.3 If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
 

8. Insurance

8.1 Insurance will not be arranged by the Carrier unless requested in writing by the Customer.

8.2 Any insurance arranged shall be at the Customer’s expense.