CONDITIONS OF CARTAGE

1. “THE Carrier” shall mean the entity described as the carrier on the face hereof.

2. All goods carried or other services performed by the Carrier are subject to these conditions of cartage, which replace all previous conditions of cartage and override any of the Sender’s terms & conditions of cartage.

(a) is entitled to sub-contract on any terms the whole or any part of the cartage and any reference to the Carrier in these conditions includes its servants, agents and sub-contractors;

(b) is not a common carrier and will accept no liability as such;

(c) reserves the right to accept or refuse the cartage of any goods at its discretion.

3. The Sender warrants that the person who has signed this transport contract is authorised to do so and agree to its terms.

4. The Sender warrants that, unless specified on this transport contract, the goods contained in this consignment are not dangerous. Where they are specified as dangerous, the Sender warrants that they are properly described, packaged and clearly labelled and can be transported safely according to the Australian Code for the Transport of Dangerous Goods by Road and Rail.

5. The Sender agrees that the goods described on this transport contract are carried at its own risk and that the Carrier will not be responsible for any delay, loss or damage of any nature arising out of or incidental to the cartage of the goods due to any act or omission (whether wilful or negligent or otherwise) on the part of the Carrier and indemnifies the Carrier in respect of any liability in respect of the goods.

6. The Sender authorises the Carrier to deliver goods at the receiver’s address appearing on this transport contract. The Carrier will be deemed to have delivered the goods in accordance with this contract note if the Carrier obtains a receipt or signed delivery docket for the delivery of the goods to the receiver’s address or, if such a receipt or delivery docket is not signed, if it leaves the goods at the receiver’s address. If the Carrier is unable to deliver the goods at the receiver’s address, the Carrier will store the goods at the risk of the Sender and the Sender will pay all costs in relation to the non-delivery.

7. The Sender will pay the Carriers charges in all circumstances, including where the receiver fails to pay any charges. No payment will be refunded other than as required by the statute. The Sender agrees that if it does not Pay the Carrier charges after the Carrier has demanded payment, the Carrier may detain and sell all or any goods dispatched by the Sender in its possession and retain its unpaid charges and sale expenses from any money raised from the sale. The Carrier will pay any balance remaining and will return any unsold goods to the Sender. The Sender warrants that the Carrier has the right to sell any such goods.

8. All goods are carried subject to the terms of any Bills of Lading issued by and / or conditions imposed by any steamship company, railway, port or harbour authority or other carries of the goods that are freighted at ordinary rates unless otherwise agreed in writing.

9. The Carrier will only insure the goods if the Sender requests insurance prior to sending and stated the value of the goods.

10. If special arrangement for insurance (re.9) were made then the Sender or receiver must lodge a written claim for damage to or loss of goods at the Carriers’ office within seventy two (72) hours after delivery was made. If no written claim is lodged within this period, the goods will be conclusively deemed to have been delivered undamaged and no claim for loss or damage will be allowed other than as required by statute.

11. The Sender agrees that all rights, immunities and limitations of the liability granted to the Carrier by these conditions of cartage will continue to have there full force and effect in all circumstances and notwithstanding any breach of the contract or any conditions by the Carrier.

12. GST: From 1 July 2000, the customer agrees to pay prices and / or consideration, adjusted in accordance with ACCC Guidelines, to take into account GST.