Policies

Environmental Policy

Howe Haulage takes the management of our Environmental responsibilities seriously. With our key areas of impact in the transportation of demolition and waste, it is our duty to ensure we care for and protect the environment in which we operate.

We are committed to constantly improving our performance across all of our business activities, and encourage our business partners and members of the wider community to share our commitment.

Our Commitment

  • Adopt the highest environmental standard in all areas of our operation to ensure we meet or exceed all relevant legislative requirements
  • Provide environmental training and education to all employees
  • Encourage employee involvement
  • Reduce environmental, health and safety risks for employees and others in the vicinity of our operations
  • Adopt an environmentally sound transport strategy
  • Include environmental considerations in all investment decisions
  • Continually assess the environmental impact of all our operations
  • Ensure all of our trucks, trailers and equipment are maintained to our highest standards
  • All trucks are maintained on a strict preventative maintenance programme with our onsite mechanic
  • Annually review our performance to constantly meet this Commitment

 

OH&S Policy

Occupational Health Safety & Environmental Management System manual is available upon request.

 

Privacy Policy

HOWE HAULAGE PTY LTD

ABN 14 088 136 323

8 Clunies Ross Crescent, Mulgrave, Victoria 3170.

Telephone: 03 9560 7319 | Fax: 03 9561 8606 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

STATEMENT OF NOTIFIABLE MATTERS

  • Howe Haulage Pty Ltd's (we, us or our) Privacy Policy (Policy), which includes our policy on how we manage credit information, is available on request by email. A copy of the Policy and this Notification Statement can be provided in hard copy upon request. The Policy contains information the customer and guarantor under a credit application with us (you or your) should be aware of before completing that application, but only where you are a natural person.
  • The Policy contains the following information:
    • how you may access the credit eligibility information we hold about you;
    • how you may access and seek the correction of credit information or credit eligibility information that we hold;
    • how you may complain about our failure to comply with Division 2 of Part IIIA of the Privacy Act 1988 (Cth) (Privacy Act) or a registered credit reporting code that binds us and how we will deal with such a complaint;
    • that we may obtain personal information about you from a third party such as a business that provides information about commercial credit worthiness (credit reporting body) and may also disclose personal information to such bodies.
    • we collect, hold, use and disclose personal information for the following purposes:
      • to obtain a consumer or commercial credit report about you;
      • to allow the credit reporting body to create or maintain a credit information file containing information about you; and/or
      • to exchange information with persons named in any credit report for the purpose of determining whether to give credit to you or notifying other credit providers of a default by you (it being understood that the information exchanged can include anything about the credit worthiness, credit standing, credit history or credit capacity of you as is allowed by the Privacy Act).
  • If you do not provide the requested personal information, we may not be able to assess whether to provide you with products or services on credit terms.
  • We may disclose credit information to a credit reporting body in order to obtain information from the credit reporting body to establish your eligibility for credit.
  • We may obtain information from a credit reporting body, such as Veda Advantage, that helps us assess your credit worthiness and a credit reporting agency may give to a guarantor a credit report about a client whose obligations the guarantor guarantees.
  • If you commit a serious credit infringement, we may disclose that to a credit reporting body.
  • You may contact us if you wish to access the information we hold, to seek a correction of any such information or to make a complaint about our failure to comply with our privacy obligations. The Policy explains these matters in greater detail.
  • You may contact a credit reporting body to request they do not use your credit reporting information for the purposes of pre-screening you for direct marketing by a credit provider.

You have the right to request a credit reporting body not to use or disclose credit reporting information about you if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.

 

Terms & Conditions of Trade

HOWE HAULAGE PTY LTD

ABN 14 088 136 323

8 Clunies Ross Crescent, Mulgrave, Victoria 3170.

Telephone: 03 9560 7319 | Fax: 03 9561 8606 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

1.          Definitions

Australian Privacy Principles means the Australian Privacy Principles prescribed by the Privacy Act.

Collateral means all the Customer's present and after-acquired property. It includes anything in respect of which the Customer, in its own capacity or as trustee of a trust, has at any time a sufficient right, interest or power to grant a security interest.

Conditions means these terms and conditions of trade.

Contract means an order by the Customer for the supply of Services by the Supplier to the Customer that is accepted by the Supplier.

Customer means the person or entity described as "the Customer" in a credit application submitted to the Supplier seeking to acquire, or who acquires, Services from the Supplier. If there is more than one, these Conditions bind them jointly and each of them severally.

Goods means any cargo, container, packaging, or pallets moved from one place to another by the Supplier as part of the Services.

Guarantors means those people named as guarantor in the credit application executed by the Customer and Guarantor means any one of them.

Quote means the most recent unexpired quotation issued by the Supplier to the Customer to which the Customer's order relates.

Personal Information includes Personal Information, Credit Information and Credit Eligibility Information, as those terms are defined in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth) and any other laws, codes or principles and any amendments thereto that deal with privacy or the collection, use and disclosure of Personal Information.

Privacy Policy means the privacy policy used by the Supplier as amended from time to time.

Privacy Officer means the person within the Supplier responsible for privacy related matters.

Real Property means all real property owned by the Customer at any time, solely or jointly.

Secured Money means all amounts payable, owing but not payable, or that otherwise remain unpaid, by the Customer to the Supplier in connection with these Conditions on any account at any time and in any way whatever.

Services means all services supplied by the Supplier to the Customer.

Supplier means Howe Haulage Pty Ltd (ABN 14 088 136 323).

2.          Basis of Contract

2.1        These Conditions are binding on the Customer with respect to all Services ordered by it, Services supplied or agreed to be supplied by the Supplier, the provision of credit by the Supplier in relation to such Services and each Contract.

2.2        These Conditions, each Contract and, unless agreed otherwise in writing, any terms in a Quote, apply to the exclusion of all documents conflicting with or purporting to modify them, whether issued before or after the date of these Conditions or any Contract (including the Customer's terms and conditions of trade, invoices and order forms).

2.3        Any Quote provided by the Supplier to the Customer in respect of the proposed supply of Services is deemed to be an invitation only to the Customer to place an order based upon that Quote.

2.4        Orders made by the Customer for the supply of Services are subject to these Conditions and any terms in the Quote related to that order.

2.5        The Supplier may only accept an order by:

(a)     notifying the Purchaser in writing of the acceptance; or

(b)     supplying the Services to the Purchaser.

2.6        If there is any inconsistency between the terms in a Quote and these Conditions, the terms in a Quote will prevail.

3.          Payment and Pricing

3.1        The price for Services under a Contract is the price written on the Quote for that Contract.

3.2        The Customer must pay the price for the Services and any other amounts owing to the Supplier:

(a)     within 30 days after the end of the month in which the invoice for those amounts is dated, or at such other time as agreed in writing by the Supplier;

(b)     by depositing funds into the bank account nominated by the Supplier, or in such other method as is agreed by the Supplier; and

(c)     without set off or deduction.

3.3        The Supplier may vary the price for Services at any time by notice to the Customer to reflect any increase in costs to the Supplier beyond its reasonable control (including fuel costs, taxes, insurance premiums, warehousing costs, hourly rates or loading rates).

3.4        The Supplier may, at any time, set-off amounts owed by the Supplier to the Customer from the amounts owed by the Customer to the Supplier.

3.5        In addition to the price for the Services, the Customer must pay:

(a)     all road tolls charged to the Supplier in the course of performing the Services;

(b)     all costs incurred by the Supplier due to the Supplier's inability to pick up or deliver the Goods in accordance with a Contract, where that inability was caused by the Customer's act or omission;

(c)     all fines or penalties incurred by the Supplier due to the Customer incorrectly loading Goods to the Supplier's vehicle, including because the amount of Goods loaded is heavier than the Supplier's vehicle can safely and legally transport; or

(d)     the charge per kilometre travelled by the Supplier in the course of performing the Services specified in the Quote (if applicable).

3.6        If there are any delays in Goods being loaded or unloaded to or from the Supplier's vehicle, including delays due to the Customer not paying any tipping fees, the Customer must pay:

(a)     the current hourly hire charged by the Supplier (plus GST) per hour for the time the Supplier is so delayed; and

(b)     any costs incurred by the Supplier to store, warehouse or unload the Goods (including tipping fees) due to the delay.

3.7        For the purposes of the Building and Construction Industry Security of Payment Act 2002 (Vic), the reference date for a:

(a)     progress payment is the date that is 7 days after the previous reference date, or, in the case of the first reference date, the date occurring 7 days after Services were first supplied under a Contract;

(b)     single or final payment is the date immediately following the day Services were last supplied under a Contract.

3.8        Unless GST is expressly included in the price for the supply of Services, prices exclude GST and any other taxes, duties or imposts imposed on or in relation to the Services in Australia or overseas. Unless otherwise specified, all amounts payable by the Customer to the Supplier in connection with the supply of Services or otherwise under these Conditions (other than an amount for GST payable to the party under this clause 3.8), and all prices quoted by the Supplier, have been calculated without regard to GST. If the whole or any part of any such amount is the consideration for a taxable supply for which the Supplier is liable to pay GST, the Supplier may charge the Customer, and the Customer must pay the Supplier, concurrently with the payment of that amount, an additional amount equal to the GST payable in respect of the taxable supply calculated on the basis that the value of the taxable supply is the amount payable for the taxable supply excluding any GST.

4.          Customer Obligations

4.1        The Customer must:

(a)     not tender for transport any explosive, contaminated, radioactive, corrosive, oxidising, toxic, flammable or otherwise dangerous or illegal goods without prior written approval from the Supplier;

(b)     ensure the Supplier has clear access to the site where Goods are to be loaded to enable it to perform the Services; and

(c)     load and unload Goods from the Supplier's vehicle. The Supplier is not liable for loss of or damage to the Goods caused by the:

(i)      manner in which the Goods were loaded or unloaded;

(ii)     unsuitability of the Goods for transport; or

(iii)     Goods being defective.

5.          Performance of Services

5.1        The Supplier may refuse to perform any Services or cancel an order at its discretion, even after it has accepted that order. The Supplier has no liability to the Customer or any third party for any damages or losses, whether direct or indirect, that result from that refusal or cancellation.

5.2        The Supplier may transport the Goods by any route or manner that it deems reasonable.

5.3        The Supplier may engage sub-contractors or agents to perform Services on its behalf.

6.          Delivery and Risk in Goods

6.1        Goods are transported at the Customer's sole risk and the Customer bears all responsibility to insure the Goods. The Supplier has no obligation to insure the Goods.

6.2        Any period or date stated by the Supplier for the supply of the Services is intended as an estimate only and is not a contractual commitment. The Supplier will use commercially reasonable efforts to meet any estimated dates but is not liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date, even if such loss or damage is caused by the act or omission of the Supplier.

6.3        The Supplier will pick up from and deliver the Goods to the addresses specified in the Quote. The Supplier is taken to have delivered the Goods in accordance with these Conditions if the Supplier obtains from any person at those addresses a signed receipt for the Goods. The Customer must ensure any person signing such a receipt is authorised to do so.

7.          Customer Warranty

7.1        The Customer warrants to the Supplier that:

(a)     it owns or has the right to use the Goods;

(b)     the use by the Supplier of the Goods in connection with the supply of Services will not infringe the rights of a third party;

(c)     the Goods loaded to the Supplier's vehicle were those that were agreed by the Supplier to be loaded;

(d)     all information supplied by the Customer as part of these Conditions and credit application from the Supplier is true and correct in all respects; and

(e)     the Goods are not explosive, contaminated, radioactive, corrosive, oxidising, toxic, flammable or otherwise dangerous or illegal goods, unless authorised in writing by the Supplier.

8.          Default by Customer

8.1        If any of the following occur, it will be an Event of Default:

(a)     the Customer or Guarantor defaults in payment by the due date of any amount payable to the Supplier;

(b)     the Customer or Guarantor breaches these Conditions;

(c)     if the Customer is a company, a receiver or manager or both is appointed over some or all of the assets of the Customer, an application to wind up the Customer is made, the Customer proposes to or enters into a compromise or scheme of arrangement with any of its creditors, or it proposes or effects the appointment of an administrator;

(d)     if the Customer is a natural person, it commits an act of bankruptcy, dies or becomes of unsound mind; or

(e)     any Guarantor withdraws its guarantee or becomes insolvent or bankrupt.

8.2        If an Event of Default occurs, then all money which would become payable by the Customer to the Supplier at a later date on any account, becomes immediately due and payable and the Supplier may, without prejudice to any other remedy available to it:

(a)     charge the Customer interest on any sum due to the Supplier at the rate of 15% per annum for the period from the date payment was due until the date of payment in full;

(b)     engage an agent to commence debt recovery proceedings. The Customer must pay all costs and disbursements incurred by the Supplier in doing so on an indemnity basis; and

(c)     enforce the security interest described in clause 9 and the charge described in clause 10.

9.          PPSA

9.1        The Customer grants a security interest in the Collateral to the Supplier to secure payment of the Secured Money and performance of the Customer's obligations to the Supplier.

9.2        The Customer irrevocably consents to the Supplier registering its security interest on the personal property securities register.

9.3        The Customer must do all things necessary and execute all documents reasonably required by the Supplier to register each security interest granted by the Customer under these Conditions and ensure that the Supplier acquires a perfected security interest in the Collateral under the PPSA.

9.4        Until the Customer has satisfied all obligations and liabilities it owes to the Supplier, the Customer:

(a)     must keep and maintain the Collateral free of any charge, lien or security interest except as created under these Conditions;

(b)     must not otherwise deal with the Collateral in a way that will or may prejudice the rights of the Supplier under these Conditions or the PPSA;

(c)     waives its rights under sections 95, 121(4), 125, 130, 132(3)(d), 132(4), 135, 143, 157(1) and 157(3) of the PPSA, to the extent that it is permitted by law. The Supplier may contract out of any provision of the PPSA, if permitted to do so under the PPSA.

(d)     must not give to the Supplier a written demand, or allow any other person to give to the Supplier a written demand, requiring the Supplier to register a financing change statement under the PPSA in respect of the Customer or the Collateral, or allow any other person to enter into the personal property securities register a financing change statement under the PPSA in respect of the Collateral.

9.5        Seizure of Collateral by the Supplier only satisfies so much of the amounts owing by the Customer to the Supplier as is equivalent to the Supplier's estimation of the market value of the seized Collateral as at the date of seizure. The seizure immediately extinguishes any rights or interest the Customer has in the seized Collateral.

9.6        The Customer must pay any costs incurred by the Supplier in relation to investigating, perfecting or registering the Supplier's security interest in the Collateral.

9.7        Money the Supplier receives from the Customer or on the Customer's account may be applied by the Supplier in any order that the Supplier may determine in its absolute discretion.

10.        Security

10.1      To secure payment of the Secured Money and performance of the Customer's obligations to the Supplier, the Customer charges all of its legal and equitable interest (including as beneficial owner, both present and future) of whatsoever nature held in any and all Real Property in favour of the Supplier.

10.2      The Customer must, on request by the Supplier, execute any documents and do all things reasonably required by the Supplier to register its security over any Real Property. If the Customer fails to deliver the requested documents, the Customer appoints the Supplier to be its lawful attorney for the purpose of executing and registering such documents. The Customer indemnifies the Supplier against all costs and expenses incurred by the Supplier in connection with the preparation and registration of such security.

10.3      The Customer irrevocably and unconditionally consents to the Supplier lodging a caveat noting its interest in any Real Property.

11.        Lien on Goods

11.1      Without prejudice to the Supplier's other rights and remedies, the Supplier may take a particular and general lien on any Goods that are in its possession or control for all amounts owed by the Customer.

11.2      If the Supplier takes a lien on Goods, it may sell those Goods by public auction or private treaty after giving 7 days' notice to the Customer. The Supplier may retain proceeds from the sale to account for amounts due to the Supplier, plus costs incurred by the Supplier in exercising its rights under these Conditions.

12.        Liability

12.1      Nothing in this clause 12 operates to exclude, restrict or modify the application of any provision of the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:

(a)     contravene that statute; or

(b)     cause any term of these Conditions to be void,

(Non-excludable Obligation).

12.2      Any claim by the Customer relating to any defect in Services must be made in writing and received by the Supplier within 7 days after supply of those Services (or, in the case of non-performance of Services, within 7 days after the anticipated date for performance). Unless such claim is received by the Supplier within the specified period, the Customer is deemed to have accepted the Services.

12.3      Subject to any express written warranty given by the Supplier, and except in relation to Non-excludable Obligations, all warranties, conditions and representations, whether express or implied and whether in writing or oral, are expressly negated and do not form part of these Conditions or a Quote.

12.4      The maximum liability of the Supplier to the Customer arising under or in connection with Services or these Conditions, (except in connection with services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which the Supplier's liability is not so limited under these Conditions) in no case exceeds one or more of the following at the election of the Supplier:

(a) suppling the Services again; or

(b) payment of the cost of suppling the Services again.

12.5      Except in relation to Non-excludable Obligations, in no event will the Supplier be liable to the Customer (including in negligence) under or in connection with the Services or these Conditions for any loss of revenue, goodwill or profit or any direct or consequential loss or damage, cost or expense, including loss or damage suffered by the Customer as a result of:

(a)     damage to the site where Goods are loaded or unloaded, including any property at the site;

(b)     damage to any third party including to a third party's property; or

(c)     any liquidated damages imposed on the Customer.

13.        Indemnity

13.1      To the extent permitted by law, the Customer indemnifies the Supplier against, and must pay the Supplier on demand the amount of, all costs (including legal costs on an indemnity basis), losses, damages, claims (including third party claims) arising from or in connection with:

(a)     a breach by the Customer of these Conditions;

(b)     the Customer loading Goods into, or unloading Goods from, the Supplier's vehicle; and

(c)     improper loading of Goods, including loss or damage suffered by third parties caused by Goods falling from the vehicle.

13.2      The Customer is responsible for any damage to the Supplier's vehicle caused by the Customer's breach of clause 13.1(b) or 13.1(c) and must pay to the Supplier on demand the amount required by the Supplier to repair or replace any such damaged vehicle.

14.        Cancellation and Variation

14.1      The Customer must not cancel or vary a Contract after the Contract is accepted by the Supplier without the prior written consent of the Supplier. If the Customer purports to cancel or vary any Contract, such attempt may, at the Supplier's election, be treated as a repudiation of that Contract and the Customer must pay to the Supplier all loss, damage and expense incurred by the Supplier as a result of the repudiation.

14.2      The Supplier may vary these Conditions by giving 14 days' notice to the Customer.

15.        Confidentiality

15.1      For the purposes of clause 15, Information means all information supplied by the Supplier to the Customer or made known to the Customer in the course of trade between the Supplier and the Customer.

15.2      The Customer undertakes to:

(a)     preserve and maintain confidentiality in all Information disclosed to it by the Supplier;

(b)     not disclose the Information to any third party without the prior knowledge and written approval of the Supplier, unless disclosed to its professional advisers or required to do so by law; and

(c)     not discredit or criticise the Supplier, its employees, contractors or directors to any third party.

16.        Privacy

16.1      The Customer and the Guarantors acknowledge that the Supplier requires the Personal Information requested on this Credit Application Form for the following primary purposes:

(a)     of or incidental to providing Services requested by the Customer and Guarantors; and

(b)     of or incidental to enforcing these Conditions with the Customer and Guarantors.

16.2      Without such Personal Information, the Supplier may be unable to supply the Services to the Customer.

16.3      The Supplier may disclose the Personal Information of the Customer and/or Guarantors to the following types of organisations: third parties to whom the Supplier outsources any part of its functions, including but not limited to collection and delivery services, payroll and database management, credit reporting bodies and legal practitioners, but is unlikely to disclose Personal Information overseas.

16.4      The Privacy Policy contains information about how the Customer and Guarantors may obtain access to the Personal Information held by the Supplier about them and how to seek correction of such information if necessary.

16.5      The Privacy Policy also contains information about how to complain about a perceived breach of the Australian Privacy Principles, the Privacy Act or the CR Code and how the Supplier will deal with such a complaint.

16.6      To request a free copy of the Privacy Policy, please contact our Privacy Officer via phone on 03 9560 7319 or email at This email address is being protected from spambots. You need JavaScript enabled to view it..

16.7      Attached to these Conditions is a Statement of Notifiable Matters. The key issues contained in that statement include the Customer's or Guarantor's rights to access and seek correction of credit information the Supplier holds about the Customer and the Guarantor, the credit reporting bodies the Supplier may disclose information to and the consequences for the Customer not providing information to the Supplier.

17.        Management of Credit Information

17.1      Except as required by law, the Supplier will only use or disclose the personal information provided by the Customer or Guarantor in the ways set out in the Supplier's credit information policy, a copy of which is attached to the credit application from the Supplier. The Supplier can provide another copy on request.

17.2      The credit information policy contains information about credit reporting, including the credit reporting bodies to which the Supplier may disclose the Customer's or Guarantor's credit information. The information contained on the attachment includes a Statement of Notifiable Matters and Management of Credit Information Policy.

17.3      The key issues contained in the Statement of Notifiable Matters include the Customer's or Guarantor's rights to access and seek correction of credit information the Supplier holds about the Customer and the Guarantor, the credit reporting bodies the Supplier may disclose information to and the consequences for the Customer not providing information to the Supplier.

18.        Credit Facility

18.1      A credit limit approved by the Supplier and advised to the Customer must not be exceeded. At its discretion, the Supplier may:

(a)     vary, suspend or cancel the Customer's credit limit;

(b)     reject or accept any request by the Customer to increase its credit limit; or

(c)     require payment for Services prior to performance,

without incurring any liability to the Customer for doing so.

18.2      If the Supplier suspends or cancels the Customer's credit account, the Customer must immediately pay the Supplier all amounts owed to the Supplier by the Customer. Such suspension or cancellation does not affect any of the Customer's or Guarantor's obligations to the Supplier.

18.3      The credit limit approved by the Supplier and imposed on the Customer must not be exceeded by the Customer.

19.        General

19.1      Nothing in these Conditions is intended to have the effect of contracting out of the Building and Construction Industry Security of Payment Act 2002 (Vic).

19.2      These Conditions are governed by the laws of Victoria and the parties hereby submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

19.3      The rights and obligations of the parties to this agreement will be binding on, and will be of benefit to, each of the parties’ successors, assigns, heirs and estates.

19.4      The Supplier may novate or assign these Conditions and any unfulfilled Contracts to the nominee of the Supplier without consent from the Customer or the Guarantors. The Customer and the Guarantors must execute all documents required in order to give effect to the novation or assignment.

19.5      The Supplier's failure or delay to exercise, or partially exercise a right or remedy arising from a breach of these Conditions does not result in a waiver of that right or remedy.

19.6      These Conditions, a Quote, a credit application signed by the Customer and accepted by the Supplier and any warranties implied by law that are not capable of being excluded or modified, embody the entire agreement between the parties. All previous negotiations, representations, warranties, specifications, arrangements or statements whether expressed or implied are hereby excluded.

19.7      If any provision of these Conditions is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it. If it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it. If that also fails to save it, the whole provision must be severed. That will not invalidate the remaining provisions of these Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.

19.8      Each indemnity in these Conditions:

(a)     is a continuing obligation and remains in full force and effect until all money owing under it has been paid in full; and

(b)     survives termination of these Conditions or any Contract.

It is not necessary for a party to incur any expense or make payment before enforcing a right of indemnity conferred by these Conditions.