- In The Terms and Conditions 'Carrier' shall mean the Company Reach Crane Trucks Pty Limited 'Carriage' 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.
- The Carrier is not a Common Carrier and will accept no liability as such. All goods 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 goods for any person, corporation or company, and the carriage or transport of any class of goods at its discretion.
- (i) It is agreed that the person delivering the goods to the Carrier for carriage or forwarding is authorised to sign the consignment note for the consignor. (ii) The Consignor warrants that in agreeing to the terms hereof he is, or has the authority of the person or persons owning or having any interest in the goods or any part thereof. (iii) Without prejudice to the generality of the foregoing, the consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the goods to any person (other than the consignor) who claims to have, or who may hereafter have any interest in the goods or any part thereof.
- (i) The Carrier and any sub-contractor shall be entitled to sub-contract on any terms the whole or any part of the carriage. (ii) 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 sub- contractor principle employer, servant, agent or otherwise) the carriage or any part thereof is performed or undertaken which imposes or 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 indemnify the Carrier and the person against whom such a Claim or allegation is made against the consequences thereof. Without prejudice to the foregoing and for the purpose or 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 and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
- Every exemption, limitation, condition and liberty herein contained and every right exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect. (a) all sub-contractors (b)) every servant or agent or the Carrier or of a sub-contractor (c) every other person (other than the Carrier) by whom the carriage or, any part thereof is performed or undertaken and (d) all persons who are or might be vicariously liable for the acts or omissions of any person falling within (a), (b) or (c) hereof and for the purpose or 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 and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
- (i) The Carrier is not liable to the consignor in respect of the carriage of the goods for any physical loss or damage unless otherwise agreed in writing between the consigner and the Carrier for the insurance of goods. (ii) In any event subject only to sub-clause (1) and to clause 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 deterioration of goods or misdelivery or failure to deliver or delay in delivery of goods including chilled frozen refrigerated or perishable goods either in transit or in storage for any reason whatsoever including without limiting the foregoing the negligence or breach of contract a willful act or default of the Carrier or others and this clause shall apply to all loss of or damage to or deterioration of goods or misdelivery or failure to deliver or delay in delivery of goods as aforesaid whether or not the same occurs in the course or performance by 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 or in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
- If the consignor expressly or impliedly instructs the Carrier to use or it is expressly or impliedly agreed that the Carrier will use a particular method of handling or storing the goods or a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to that method, but if it cannot be conveniently adopted by the Carrier, the Consignor hereby authorises the Carrier to handle or store or to carry or to have the goods carried by another method or methods.
- The consignor hereby authorises any deviation from the usual route of manner of carriage of goods which may in the absolute discretion of the Carrier be deemed desirable or necessary in the circumstances.
- (i) The Carrier is authorised to deliver the goods at the address nominated to the Carrier by the consignor for that purpose and without prejudice to the foregoing it is expressly agreed that the Carrier shall be conclusively presumed 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.
- (ii) If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the Carrier the Carrier may at its option deposit the goods at that 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 indemnify the Carrier
- for all cost and 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 a place or storage at the Consignor's expense.
- Where goods are accepted for forwarding by rail to an address in a town or other place where the Carrier has no receiving depot the goods will be deemed delivered according to this contract if they are delivered to the nearest rail head. 11. The consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of thirty minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period commence upon the Carrier reporting for loading or unloading. Labour to load and unload goods shall be the responsibility and expense of the consignor or consignee.
- The Carrier’s charges shall be deemed fully earned as soon as the goods are loaded and despatched from the consignor’s premises and shall be payable and non-refundable in any event.
- The Carrier shall have a lien on the goods and any document relating thereto and or any other goods of the 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 any such goods by public auction or private treaty without notice to the consignor.
- (i) The consignor shall not tender for carriage any volatile spirits or explosives goods or goods which are or may become dangerous, inflammable or offensive (including radio-active materials) or which are or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of such goods and in any event Shall be liable for all loss and any damage caused thereby and if in the opinion of the Carrier the goods are or are liable to become of a dangerous, inflammable, explosive, volatile offensive or damaging nature the same may at any time be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the consignor and without prejudice to the Carrier’s right to any charges hereunder. (ii) The consignor warrants that it has compiled with all laws and regulations relating to the nature packaging labelling or carriage of the goods and that the goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature and hereby indemnifies the Carrier for any liability whatsoever as a result of or arising out of the consignor's failure to comply with each of these warranties.
- It is agreed that the consignor shall be responsible for the conformity or any containers packaging or pallets with any requirement of the consignee and for any expense incurred by the Carrier arising from any failure to so conform.
- It is agreed that no servant or agent 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 signed by an executive officer of the Carrier.
- 1f the Carrier is liable for damage to or loss of the goods or any part thereof no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of the Carrier in the State in which delivery was or ought to have been effected within seven (7) days after delivery was effected or would in the ordinary course of business have been effected.
- Notwithstanding any other provision hereof other than clause 22 and 23 hereof the Carrier shall in any event be discharged from all liability whatsoever in respect of the goods unless suit is brought within six months from the delivery or from the date on which in the ordinary course of business would have been effected.
- All goods received by the Carrier for carriage, forwarding or storage are accepted subject to the condition that the Carrier will accept no responsibility for the collection of cash on delivery or any other payment on behalf of the consignor or any other person. When goods are tendered by any person 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 perform other services of carriage forwarding or storage in relation to those goods.
- All the rights, immunities and limitations of liability in the above terms shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contact or any of the conditions hereof by the Carrier or any other person entitled to the benefit of such provision.
- It is hereby agreed that if any provision or part of any provision of this contract is un-enforceable such un-enforceability shall not affect any other part of such provision or any other provision hereof.
- In respect of contract made in Queensland and in any other case where the carriage or any part thereof is subject to the Carriage of Goods by Land (Carriers Liability) Act 1967 of that State, these conditions shall continue in full force and effect except to the extent that they are any part thereof is void by operation of that Act.
- Notwithstanding anything herein contained the Carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion, restriction or modification of any such warranty.
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