Statutory Disclaimer & Limitation of Liability
Governing the Right Weigh Web Platform (rightweigh.app), API Gateway, and Mobile Client (com.plate.compliance).
1. Advisory & Decision-Support Tool Only
Right Weigh is a mathematical modeling and administrative decision-support tool. It is NOT a certified measuring instrument, trade-approved weighbridge, or physical on-board mass (OBM) scale. All calculated values, axle moment distributions, payload capacities, and fine estimates are theoretical simulations derived from user inputs and standard statutory formulas.
2. Non-Delegable Chain of Responsibility (HVNL s26C) [1]
Under the Australian Heavy Vehicle National Law (HVNL), primary duties of safety are personal, statutory, and non-delegable [1]. Use of this application does not transfer, diminish, or assign any legal responsibility from the driver, registered operator, loader, prime contractor, or consignor to Right Weigh. The driver and transport operator retain the sole legal obligation to ensure the vehicle complies with all applicable General Mass Limits (GML), Concessional Mass Limits (CML), or Higher Mass Limits (HML) before entering public roads.
3. Absolute Exclusion of Fines, Penalties & Groundings
To the maximum extent permitted by law, Right Weigh, its developers, directors, and affiliates shall NOT be liable for any infringement notices, statutory fines, roadside vehicle groundings, demurrage charges, load redistribution costs, court penalties, demerit points, or commercial losses arising out of or related to:
- Calculation variances, algorithmic edge-case rounding, or software defects.
- Inaccurate, stale, or malformed data retrieved from NEVDIS or third-party VIN databases.
- OCR misreads of vehicle compliance plates, tare values, or paper weighbridge dockets.
- Incorrect user inputs regarding pallet weights, cargo positioning, or axle configurations.
- Physical load shifting occurring in transit due to acceleration, braking, or road camber.
4. Physical Weighbridge Supremacy
In any discrepancy between a Right Weigh calculation and an enforcement measurement taken by the National Heavy Vehicle Regulator (NHVR), state police, or road authority weighbridges, the certified physical scale measurement shall supersede all application estimates. If the vehicle or driver suspects mass limits are breached, they must verify the rig on a physical public weighbridge prior to departure.
5. Australian Consumer Law (ACL) Limitations [3]
Nothing in this disclaimer excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) [3] that cannot lawfully be excluded. To the fullest extent permitted by Section 64A of the ACL [3] for services not of a kind ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with a consumer guarantee is expressly limited to:
(b) The payment of the cost of having the services supplied again; or
(c) An aggregate sum capped at the total subscription fees actually paid by you to Right Weigh in the preceding twelve (12) months.