By using GoWeigh’s Weighbridge (subject to clause 1), you (and all those claiming through you) accept that a contract is formed between us on the terms and conditions (“Terms”) (and no other) set out below:
- If you do not accept these Terms you and the vehicle in which you entered (“Vehicle”) must immediately leave the Weighbridge.
- You must comply with all rules and directions displayed within the Weighbridge and any directions given to you by our staff or agents. You must not park in a manner on or around the Weighbridge which causes obstruction to another vehicle or an access lane.
- You must use the Weighbridge for the sole purpose of weighing the Vehicle and its load and no other purpose.
- You must ensure that the weighing of the Vehicle and its load and any return weigh is carried out in accordance with NMI (National Measurement Institute) regulations and you must comply with all other laws and regulations applicable thereto. Without limiting the foregoing, you must not carry out or allow or cause to be carried out any fraudulent, unlawful or criminal conduct in association with the use of the Weighbridge.
- You must not cause any nuisance, damage, obstruction, annoyance or inconvenience whilst using the Weighbridge.
- You must not bring onto the Weighbridge or allow remaining there any vehicle incapable of being accommodated within the Weighbridge.
- We warrant that any services provided by us will be rendered with due care and skill. We make no other express warranties in relation to the services we provide. All other warranties, representations and conditions relating to the services (whether express or implied and whether arising in contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded.
- Without limiting paragraph 7 hereof, you agree where a ball weight measure is undertaken, the result is only indicative and the ball weight result may vary depending on the set-up of the jockey wheel. As such, we expressly provide no warranty as to the accuracy of a ball weight measure and expressly exclude all liability arising from a ball weight measure.
- You acknowledge that our liability under any statutory right or any condition or warranty implied by the Competition and Consumer Act 2010 (or similar state legislation) which cannot be excluded is to the extent permitted by law limited, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again. Without limiting the foregoing, we will not be liable for any indirect or consequential loss or damage including (without limitation) loss of production, loss of profits or of contracts, loss of operation time and loss of goodwill which you may suffer or incur or which may arise directly or indirectly in respect of your use of the Weighbridge or other goods or services supplied by us.
- You enter and use the Weighbridge at your own risk. You acknowledge that we are not liable to you (or any passengers in the Vehicle, or any other party) for any loss, damage, injury or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunity, exemplary or punitive damages) whether to person or property (including theft of or damage to the Vehicle) and whether arising from default, negligence, misconduct or otherwise by us, our employees and agents.
- You must pay us all weighing fees as prescribed by us which you may incur in relation to the Vehicle.
- We reserve the right to enter the Vehicle and move it if in our opinion it is necessary to do so, but we have no duty to do so. You agree that we have no liability for any loss or damage caused as a result of entering and moving the Vehicle. You agree that we have no liability to you if we assist you with the Vehicle in any manner (including towing the Vehicle or charging a battery).
- You agree that we may supply weigh evidence and information to any third party having an interest in a weigh of the Vehicle upon request.
- You are liable for any damage caused by you or the Vehicle to the Weighbridge including, but not limited to, any damage caused by oil or other substances which leak from the Vehicle. You must not bring onto the Weighbridge any flammable, dangerous or illegal substance or material (other than fuel in the fuel tank of the Vehicle).
- You indemnify us and agree to keep us indemnified against all losses which we may suffer arising from or in any way relating to:
a) a breach of these Terms by you;
b) the Vehicle;
c) the use of the Weighbridge by you or any other person with your authority;
d) a claim by any person for loss or damage relating to the Vehicle or any contents of the Vehicle.
- Subject to us complying with privacy laws, you agree that we may store your contact details (including telephone numbers and email addresses) and use that information for the purpose of communicating with you for administration, marketing and associated purposes. You will have a right to block communications from us in this respect.
- In these Terms references to “we” or “us” mean GoWeigh Pty Ltd, its employees, contractors and agents and references to “you” mean the owner, driver or other person in charge of the Vehicle or any passenger in the Vehicle.