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Entity type:

Details of proprietors/partners/directors

Contact details of proprietors/partners/directors

Contact person/s for account

Contact person/s for operations

Trade references

CONDITIONS OF CREDIT (INCORPORATING TRADING CONDITIONS)

The Customer:
(a) certifies that the information provided above in this Trade Credit Application is complete and correct; (b) confirms that the directors or proprietors of the Customer have never been bankrupt, nor have they been involved as a director or manager of a company that has been wound up, entered into an arrangement with creditors or had an administrator, receiver or receiver and manager appointed; and (c) agrees, if this application for credit is approved, to be bound by the following conditions.
1. DEFINITIONS/MISCELLANEOUS

1.1 In these conditions, unless the context indicates otherwise:
‘Carrier’ means TwentyNine Transport Pty Ltd (ACN 666 206 417). ‘Customer’ means the applicant for credit whose particulars are set out in the ‘Trade Credit Application’.
2. GENERAL

2.1 Unless otherwise agreed in writing by the Carrier, any conditions of a Customer’s order inconsistent with these conditions are expressly rejected by the Carrier.
2.2 A quotation provided by the Carrier will not constitute an offer to provide transport services or other goods or services to the Customer. No contract for the provision of services will exist between the Carrier and the Customer until a Customer’s order has been accepted by the Carrier. The Carrier may, in its absolute discretion, accept or refuse any order submitted by the Customer.
2.3 If there is any variation to any of the information supplied by the Customer to the Carrier, or any change to the structure or nature of the Customer’s business (such as the conversion from a partnership to a company) the Customer must immediately notify the Carrier in writing and complete a new application for credit, which will be considered by the Carrier.
2.4 Where the Customer is a trustee, the Customer agrees to produce a copy of the trust deed (together with any amendments) within seven days of any request by the Carrier. The Customer warrants that it has the power and authority to enter into these conditions on behalf of the trust and agrees to be bound by these conditions both personally and as a trustee, regardless of whether or not it discloses to the Carrier that it is a trustee at the time of entering into these conditions.
3. TERMS OF CREDIT

3.1 The Customer must pay for all transport services and other goods or services provided within the number of days nominated below from the date of the invoice rendered by the Carrier:
3.2 If the Customer defaults in making any payment in accordance with these conditions, then all amounts owed to the Carrier will immediately become due and payable. The Carrier will be entitled to charge interest at the rate of 15% per annum on all overdue amounts from the due date for payment until the date of actual payment.
3.3 The Carrier may withdraw or vary the terms of the Customer’s credit facilities at any time without notice to the Customer or any guarantor of the Customer.
4. TRADING CONDITIONS

The Carrier is not a common carrier. All services provided by the Carrier, including but not limited to transport and storage services, are subject to the Carrier’s Trading Conditions as amended from time to time. The Customer acknowledges having received, read and understood the Carrier’s Trading Conditions as in force at the date of signing this Trade Credit Application.
5. CERTIFICATE

5.1 A certificate signed by a director of the Carrier stating money payable by the Customer to the Carrier will be prima facie evidence of the amount payable by the Customer.
5.2 The Customer agrees to accept service of any document required to be served (including any notice under these conditions, the Trading Conditions or any originating process) by prepaid post to any address nominated in this Trade Credit Application or any other address later notified to the Carrier by the Customer.
6. MISCELLANEOUS

6.1 These conditions (and the Carrier’s Trading Conditions, which are incorporated into these conditions) represent the entire agreement of the parties with respect to the provision of services to the Customer and the provision by the Carrier of credit to the Customer and supersede all prior representations, agreements, statements and understandings between the parties.
6.2 The failure by the Carrier to enforce a provision or the granting of any time or indulgence will not be construed as a waiver of the provision nor as a waiver of the Carrier’s right, at a later time, to enforce the provision.
6.3 Where the Customer comprises two or more persons, these conditions bind them jointly and severally.
7. LAW

7.1 This agreement will be construed in accordance with the laws in force in the Australian Capital Territory and the Customer irrevocably and unconditionally submits to the jurisdiction of the courts of the Australian Capital Territory.
Privacy Act 1988 (Cth) — Collection Statement

TwentyNine Transport Pty Ltd t/as Iannelli Bros Transport (ACN 666 206 417) is committed to protecting the privacy of your personal information. You can access our full privacy policy by contacting our office at compliance@iannellibros.au..

Our primary purpose for collecting your personal information is to assess your application for credit and, more generally, to provide you with transport services.

We may also use or disclose the personal information for another purpose such as to keep records of transactions to assist in future enquiries and enhance our relationship with you. Our usual process of collecting your personal information for credit purposes is to collect it directly from you or your trade references.

Your personal information may be disclosed to other entities such as our subcontractors and agents, other providers of freight and transport services, government bodies (e.g. Centrelink), and insurance providers and brokers.

We do not disclose your personal information to overseas recipients.

We do not disclose your credit information to any credit reporting body.

Our detailed privacy policy includes further information on how you can access and seek correction of your personal information and how you can complain about a breach of your privacy. The policy also contains information about how we will deal with a complaint. If you have any concerns about the privacy of your personal information, please contact our office on 02 9062 3112 or by email at compliance@iannellibros.au.

IMPORTANT NOTICE

By signing this Trade Credit Application, you acknowledge that a copy of our Trading Conditions has been made available to you and that you have read, understood and agreed to our Trading Conditions. In particular, you acknowledge that:

  • To the extent permitted by law, we will not be liable for any loss of or damage to goods, unless due to our proven negligence or wilful misconduct;
  • The conditions provide for various exclusions of liability and limits on our liability for loss of or damage to goods;
  • The general effect of these provisions is that, even if we have been negligent, our liability is limited to $5,000 per incident and therefore you may not be able to recover the full value of any lost or damaged goods. If you want to negotiate for us to have a higher limit of liability with respect to your goods, you should contact us;
  • Because of these considerations, we recommend that any goods are covered by an appropriate insurance policy taken out by you, or by the owner of the goods; and
  • If we store goods for you, you must take out a policy of insurance over those goods

I certify that the information I have supplied in this Trade Credit Application is true and correct and that I am authorised by the Customer to make this application for trade credit on its behalf. I have read and understood the Trading Conditions which form part of and are intended to be read in conjunction with this Trade Credit Application and agree to be bound by these conditions.

CUSTOMER

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WITNESS

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DEED POLL OF GUARANTEE IN FAVOUR OF: TwentyNine Transport Pty Ltd (ACN 666 206 417) (Carrier)

The Guarantor/s acknowledge that #11 (Customer) has applied to the Carrier to be supplied services on credit by the Carrier. If the application for credit by the Customer is accepted, in consideration of the Carrier agreeing to supply the Customer with services, the Guarantor/s agree with the Carrier as follows:
  • 1. The Guarantor/s will guarantee and be answerable and responsible to the Carrier for:
    • (a) the due payment by the Customer for all goods and services that the Carrier may supply, from time to time, to the Customer or at the Customer’s request; and
    • (b) the due and punctual observance by the Customer of all its other obligations to the Carrier, including obligations under the Carrier’s Trading Conditions.
  • 2. The Carrier may, in its absolute discretion and without notice to the Guarantor/s, withdraw credit, refuse further credit or refuse to supply goods or services to the Customer.
  • 3. This guarantee constitutes a continuing guarantee to the Carrier for monies owing to the Carrier by the Customer, now or in the future, and is irrevocable until discharged pursuant to its terms.
  • 4. The Carrier may, in all respects, treat the Guarantor/s in all respects as though the Guarantor/s were jointly and severally liable with the Customer to the Carrier, instead of merely being guarantor/s for the Customer.
  • 5. The Carrier is not obliged to proceed against the Customer or to exhaust any remedies against the Customer but is entitled to demand from the Guarantor/s any amount due to the Carrier by the Customer.
  • 6. This guarantee is entered into by the Guarantor/s in their personal capacity, and not in the capacity as trustee of any trust.
  • 7. This guarantee is not affected and will remain enforceable:
    • (a) if the Carrier does not comply with any law, or with any agreement between the Carrier and the Customer;
    • (b) if the Carrier grants any time, release or other concession to the Customer;
    • (c) if one of the Guarantors or any other party does not execute this guarantee; and
    • (d) in the event of the death, legal incapacity or insolvency of the Customer.
  • 8. Any payment made to the Carrier by the Customer or by the Guarantor/s that is or may be avoided by any statutory provision will be deemed not to have discharged their liability to the Carrier.
  • 9. Until the whole of the Customer’s obligations have been paid or satisfied, the Guarantor/s will not directly or indirectly recover or claim to recover any sum paid under this guarantee and will not claim or receive the benefit of any distribution, dividend or payment relating to the winding up or bankruptcy of the Customer.
  • 10. A certificate signed by a director of the Carrier stating money payable by the Customer to the Carrier will be prima facie evidence of the amount payable by the Guarantor/s pursuant to this guarantee.
  • 11. This guarantee will be governed by and construed in accordance with the laws of the Australian Capital Territory. The Guarantor/s irrevocably and unconditionally submit to the jurisdiction of the courts of the Australian Capital Territory.
  • 12. If this guarantee is executed by two or more parties, the Guarantor/s agree that their liability to the Carrier will be joint and several and that the Carrier may elect, at any time, to proceed against any or all of the Guarantor/s in its absolute discretion.

SIGNED AS A DEED POLL:

GUARANTOR 1

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GUARANTOR 2

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