Terms and Conditions of Contract

1.     In these terms of conditions   “Carrier” shall mean and include the whole of the operations and services undertaken by the carrier in respect of the goods.  “Goods” shall mean the cargo accepted from the consignor together with any container, packaging or pallets supplied by or on behalf of the consignor.  “Sub contractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not the carrier) performs or agrees to perform the carriage or any part thereof.  

2.     The carrier is not a common carrier and shall accept no legal responsibility as such.  All goods carried or transported and all storage and other services are performed by the carrier subject only to these terms and conditions and the carrier reserves the right to refuse the carriage of transport of good for any person, corporation or company and the carriage or transport of any class of goods as is sole discretion.  

3 (a.) It is agreed that the person delivering the goods to the carrier for carriage or forwarding is authorized to sign the consignment note for the consignor.   (b.) The consignor warrants that in accord to the terms hereof is or has the authority of the person or persons owing or having any interest in the goods or any part thereof.   (c.) Without prejudice to the generality of the previous, the consignor undertakes to indemnify the carrier in deference of any liability whatsoever in respect of the goods to any person (other than the consignor) who claims to have, who has or who may hereafter have any interest in the goods or any part thereof.  

4 (a.) The carrier and any subcontractor shall be entitled to subcontract on any terms the whole or part or any part of the carriage.   (b.) The consignor undertakes that no claim or allegation shall be made, whether by the consignor or any other person who is or may hereafter be interested in the goods against any person (other than the carrier) by whom (whether as subcontractor, principal, employer, servant agent or otherwise) the carriage or any part thereof is performed or undertaken which imposes of attempts to impose upon such person any liability whatsoever in connection with the goods whether or not arising out of negligence on the part of such person and if such claim or allegation should nevertheless be made to indemnity the carrier and the person against whom such claim or allegation is made against the consequences thereof.  Without prejudice to the foregoing and for the purpose of this clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them shall to this extent be or be deemed to the parties of this contract.  

5. Every exception, limitation, condition and liberty herein contained and every right, exception and liability, defense and immunity of whatsoever nature appropriate to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect – (i) all subcontracts (ii) every servant or agent of the carrier or of a subcontractor. (iii) every other persons (other than the carrier) by whom the carriage or any part thereof is performed or undertaken, and: (iiii) all persons who are or might be vicariously liable for the acts or omissions of any person failing with (i) (ii) (iii) hereof and for the purpose of this clause the carrier is or shall be deemed to be acting as representative or trustee on behalf or and for the benefit of all such persons and each of them shall to this extent be or be deemed to the parties to this contract.  

6. (a.) If and only if the carrier has agreed to insure the goods then the carrier is liable to the consignor in respect of the carriage of the goods for physical loss or damage to the limit of such insurance.   (b.) In any event subject only to sub-clause (a.) and to clauses 22 and 23 hereof the goods are at the risk of the consignor and not the carrier and the carrier shall not be responsible in tort or contract or otherwise for any loss of or damage to or wear and tear of goods or misdelivery or failure to deliver or delay in delivery goods including chilled, frozen, refrigerated or perishable goods either in transportation or in storage for any reason whatsoever including without limiting the foregoing the negligence or wear and tear of goods or misdelivery or failure to deliver or hold-up in delivery or goods as aforesaid whether or not the same occurs in the course of performance or on behalf of the carrier of the contract or in events which are in the contemplation of the carrier and/or the consignor or in events which are foreseeable by them or either of them in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.  

7. If the consignor specifically or impliedly instructs the carrier to use or it is specifically or it is impliedly agreed that the carrier shall use a particular method of handing or storing the goods or a particular method of carriage whether by road, rail, sea or air the carrier shall give precedence to that method but in any event the method or methods of handling, storing and/or carriage adopted by the carrier shall remain at the sole discretion of the carrier and the consignor hereby authorizes the carrier to take on any method or methods other than the method instructed or agreed.  

8.  The consignor hereby authorizes any deviation from the usual route or manner of carriage of goods, which may in the total discretion or the carrier be deemed desirable or necessary in the circumstance.  

9. (a.) The carrier is authorized to deliver the goods at the address nominated to the carrier by the consignor for that reason and without prejudice to the foregoing it is specifically agreed that the carrier shall be conclusively resumed to have delivered the goods in agreement with this contract if at the address he obtained from any person a receipt or signed delivery docket for the goods.   (b.) If the nominated place of delivery should be unattended or if delivery cannot otherwise be affected by the carrier, the carrier at its option deposit the goods at the place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the carrier, the consignor shall pay or cover the carrier for all costs or all expenses incurred in or about such storage in the event that the goods are stored by the carrier.  The carrier shall be at liberty to redeliver them to the consignor from the place of storage at the consignor’s cost.  

10. Where the goods are received for forwarding by rail to an address in a town or a place where the carrier has no receiving depot the goods shall be deemed duly delivered according to this contract if they are delivered to the nearest railhead.  

11.  The consignor shall be and remain responsible to the carrier for all of its appropriate charges incurred for any reason.  A charge may be made by the carrier in respect of any hold-up in excess of thirty minutes in loading or unloading.  Labour to load or unloading goods shall be the responsibility and expense of the consignor or consignee.

12.  The carriers charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the consignor’s premises and shall be payable and non-refundable in any event.  

13.  The carrier shall have a lien on the goods and any documents related thereto and on any other goods of consignor in the possession of the carrier or any documents relating thereto for all sums payable by the consignor to the carrier and for that purpose shall have the right to sell such goods by public auction or private treaty without notice to the consignor.  

14. (a.) The consignor shall not tender for carriage any unstable spirits or explosive goods.  Goods which are or may become dangerous, flammable or offensive (including radio active material) or which are or which my become liable to damage any property whatsoever without presenting a full description disclosure the nature of such goods and in any event shall be legally responsible for all losses for damaged caused thereby and if in the opinion of the carrier the goods are liable to become of a dangerous inflammable, explosive, volatile, offensive or damaging nature the same may at an time be destroyed, disposed or discarded or rendered harmless by the carrier without compensation to the consignor and without prejudice to the carrier’s rights to any charges hereunder.   (b.) The consignor warrants that it has complied with all laws and regulations relating to the nature, packing, labeling or carrying of goods and that the goods are packed in a manner sufficient to withstand the ordinary risks of carriage having regards to their nature and hereby indemnities the carrier for any legal responsibility whatsoever as a result of or using out the consignor’s failure to comply with each of the warranties.  

15.  It is agreed that the consignor shall be responsible for the conformity of any containers, packaging or pallets with any requirements of the consignee and for any expense incurred by the carrier arising from any failure to so conform.

16.  It is agreed that no servant or representative of the carrier nor any other person has any power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is signed by the executive officer of the carrier.  

17.  The carrier is liable for damage to or loss of goods or any part thereof no claim in respect of such loss or damage may be made unless notice or the claim is lodged in writing at the office of the carrier in the state in which delivery was or ought to be effected within seven days after delivery was effected or would be in the ordinary course of business have been effected.  

18. Notwithstanding any other provision hereof other than clauses 22 and 23 hereof the carrier shall in any event be discharged from all legal responsibility whatsoever in respect of the goods unless suit is brought within two months from their delivery or from the date on which in the ordinary course of business delivery would have been affected.  

19. All goods received by the carrier for carriage, forwarding or storage are accepted subject to the condition that the carrier shall accept no responsibility for the collection of cash on delivery or any other payments on behalf of the consignor or any other person. When any person tenders goods with instructions for the carrier to collect any such payments the carrier shall not be bound by such instructions notwithstanding that the carrier may accept the goods as tendered and carry out other services of carriage, forwarding or storage in relation to those goods.  

20. All rights, immunities and limitations of legal responsibility in the above terms shall continue to have their full force and effect in all circumstances and not withstanding any breech of the contract or any of these terms and conditions hereof by the carrier or any other person entitled to benefit of such provisions.  

21.  It is hereby agreed that if any provision or part of any provision of the contract is unenforceable such unenforceability shall not effect any other part of such provision or any other provisions hereof.  

22. In respect of contracts made in Queensland and in any other case where the carriage or any part thereof is subject to the Carriage of Goods by Land (Carrier’s Liability) Act 1967 of that State these terms and conditions shall continue at full force and effect except to the degree that they are or any part thereof is void by operation of that act.  

23. Notwithstanding anything herein contained the carrier shall continue to be subject to any implied warranty provided by the Trades Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the execution, restriction, or modification of any such warranty.  

SPECIAL CONDITIONS  

1.     Terms: We reserve the right to withdraw these rates and will be subject to re-negotiation where unauthorized extended trading terms are taken.   Late payment does incur further costs and penalties.  

2.     Craneage & Pallets: (a.) Craneage is not included unless otherwise specified.  Pallets will be considered an integral part of the consignment and assessed at 50 kg each is not included in the overall weight.  We do not exchange pallets.   (b.)

WE ARE NOT COMMON CARRIERS. INSURANCE IS THE CLIENTS RESPONSIBILITY.

THESE TERMS AND CONDITIONS ARE TO BE READ IN CONJUNCTION WITH THE CONSIGNMENT NOTE AND FORMS PART OF THE TERMS AND CONDITIONS CONTACT FOR THE CARRYING OF GOODS.

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