3. The
Carrier is NOT A COMMON Carrier and will accept no
liability as such. All articles are carried or
transported and all storage and other services are
performed by the Carrier subject only to these
conditions AND THE Carrier RESERVES THE RIGHT TO REFUSE
THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON OR
ENTITY AND THE CARRIAGE OR TRANSPORT OF ANY CLASS OF
ARTICLES AT ITS DISCRETION. The Carrier shall not be
bound by any agreement purporting to vary these
conditions unless such agreement shall be in writing and
signed on behalf of the Carrier by a Director or the
Secretary of the Carrier.
4. The goods are accepted by the Carrier subject to the
following conditions:-
(a) That they comply with the requirement of any
applicable law relating to the nature, condition and
packing of the goods and the expense and charges of the
Carrier in complying with the provisions of any such law
or with any order or requirement there under or with the
requirement of any harbor, dock, railway, shipping,
customs, warehouse or other authority or company shall
be paid by the consignor.
(b) If any of the goods are subject to the Control of
Customs, all customs duty, excise duty and costs which
the Carrier becomes liable to pay, and shall pay in
respect to customs or excise shall be paid by the
consignor.
(c) That the goods are fully described in writing in the
space provided hereon the name and the nature and the
value of all goods subject to special rates of carriage,
or of a noxious, dangerous, hazardous or inflammable
nature or capable of causing damage or injury to any
other goods, or to any person or animals with which, or
to any store, vessel, vehicle, wagon, van, aircraft or
other conveyance of any kind whatsoever in which they
may be loaded, carried, packed or stored, or which are
liquid or partly liquid, and that additional freight
charges shall be paid on such goods if deemed necessary
by the Carrier
(d) The Carrier shall not be bound by any agreement
purporting to vary these conditions unless such
agreement shall be in writing and signed on behalf of
the Carrier by an officer of the Carrier.
5. (a) The Carrier SHALL NOT BE UNDER ANY LIABILITY for
any loss of or damage to or mis-delivery, delay in
delivery, concealed damage, deterioration evaporation,
non-delivery of goods held in their care, custody or
control or any consequential loss arising there from,
howsoever caused.
(b) In the event of the contract including and handling,
installation, removal, assembly or erection of any kind
whatsoever it is undertaken on the strict basis that the
Carrier accepts no liability for any loss, damage or
injury of any kind whatsoever, however arising caused or
incurred or occurring during any part of the movement.
This disclaimer extends to include any loss consequently
or otherwise arising form any loss, damage or injury
aforesaid.
6. INSURANCE WILL NOT BE ARRANGED BY THE Carrier.
7. The Consignor hereby authorizes the Carrier (if it
should think fit to do so) to arrange with a
sub-contractor for the carriage of any goods the subject
of this contract. Any such arrangement shall be deemed
to be ratified by the consignor upon delivery of the
said goods to such sub-contractor who shall thereupon be
entitled to the full benefit of these terms and
conditions to the same extent as the Carrier. Insofar as
it may be necessary to ensure that such sub-contractor
shall be so entitled the Carrier shall be deemed to
enter into this contract for its own benefit and also as
trustee for the sub-contractor.
8. Goods shall be deemed to be in transit
notwithstanding that the carriage of the goods may have
been interrupted or the Carrier may have diverted from
the usual route for such carriage.
9. The
Carrier is authorized to deliver the goods at the
address given to the Carrier by the consignor for the
purpose and it is expressly agreed that the Carrier
shall be taken to have delivered the goods in accordance
with this contract if at that address he obtains from
any person a receipt or signed delivery docket for the
goods.
10. The Carrier's charges shall be considered earned as
soon as the goods are loaded and despatched.
11. If any person fails to pay charges to the Carrier in
respect of any service rendered by the Carrier on
reasonable demand being made in accordance with this
contract the Carrier may detain and sell all or any of
the goods of the person which are in its possession and
out of monies arising from the sale retain charges so
payable and all charges and expenses of the detention of
sale and shall render the surplus if any of the monies
arising from the sale of and such of the goods as remain
unsold to the person entitled thereto. Any such sale
shall not prejudice or affect charges due or payable in
respect of such service or the said detention and sale.
12. The consignor or his authorized agent shall not
tender for carriage any explosive inflammable or
otherwise dangerous or damaging goods without presenting
a full description of those goods and in default of so
doing shall be liable for all loss and damage caused
thereby.
13. It is agreed that the person delivering any goods to
the Carrier for carriage or forwarding is authorised to
sign this consignment note for the consignor.
14. The consignor expressly warrants with the Carrier
that the consignor is either the owner or the authorised
agent of the owner of any goods or property the subject
matter of this contract of cartage and by entering into
this contract the consignor accepts these conditions of
contract for the consignee as well as for all other
persons on whose behalf the consignor is acting.
15. All charges are due and payable on receipt of the
goods consigning depot.
16. The Carrier shall at all times be subject to any
conditions of warranties implied by the Trade Practices
Act 1974 (as amended) and all the terms contained herein
which purport to exclude restrict or modify or have the
effect of excluding restricting or modifying the
application in relations of the said contract shall be
read as being subject to the said Act.
17. Should the consignee of the goods described hereon
not be in attendance at the address given during normal
trading hours, when delivery is attempted an additional
charge may be made at ruling rates for each call until
delivery is accomplished.
18. (a) PACKING: In regard to goods which the Carrier
has been requested by the consignor to pack and which
are described on the fact hereof, the Carrier shall not
be liable for any damage or loss whatsoever whether in
the course of packing or in transit or otherwise and
howsoever occasioned to the said goods or any of them.
(b) When the Carrier is required to load or unload any
liquids, partly liquids, substances or any commodities
or products into bulk tanks or vessels, drums, or
containers he shall not be liable for any loss, damage
or contamination of product during any such loading or
unloading operation or packing, whilst such product is
in transit by any means of transportation or whilst
goods are held in store or bulk storage tanks for any
reason whatsoever.
19. The Carrier may carry all goods or to have them
carried by any method which the Carrier in its absolute
discretion deems fit and notwithstanding any
instructions verbal or otherwise of the consignor that
the goods are to be carried by another method.
20. These conditions are governed by the laws of South
Australia and any proceedings against Carrier must be
brought in that State only.
21. All rights, immunities and limitation of liability
in the above terms shall continue to have their full
force and effect in all circumstance and notwithstanding
any breach of the contract or any of these terms and
conditions hereof by the Carrier or any other person
entitled to the benefit of such provisions.
22. It is hereby agreed that if any provision or part of
any provision of this contract is unenforceable such
enforceability shall not affect any other part of such
provision or any other provision hereof.
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