Conditions of Contract
1. In these conditions -
“Carrier” shall mean General Carrying Pty Ltd, its servants and agents.
“Sub-Contractor” shall mean and include -
(i) Railways operated by the Commonwealth or any State.
(ii) Any other person, firm or company with whom the Carrier may arrange for the carriage of any goods the subject of this contract, and any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in (i) and (ii) above.
2. 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 or any person, corporation or company and the carriage OF transport of any class of articles at its discretion.
3. The Consignor hereby authorises 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 arrangements 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, in so far as it may be necessary to ensure that such sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contractor for its own benefit and also as trustee for the sub-contractor.
4. If the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorise him to carry or have the goods carried by another method or methods and all further or additional charges which may become payable by reason of the goods being carried by such other method or methods shall be payable by the Consignor.
5. Unless otherwise expressly agreed in writing, no responsibility in tort or contract or otherwise will be accepted by the Carrier for any loss or destruction of or damaged to or mis-delivery or failure to deliver or delay in delivery of goods either in transit or in storage for any reason whatsoever. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that 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 signed delivery docket for the goods.
6. The Carrier will effect insurance of goods as the Consignor’s agents if the Consignor instructs the Carrier to do so. Insurance of goods will not be effected for the benefit of the Consignor except upon his written instructions and then only at his expense.
7. The Carrier’s charges shall be considered earned as soon as the goods are loaded and despatched.
8. 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 30 minutes in loading on or unloading occurring other than from the default of the Carrier. Such permissable delay period shall commerce upon the Carrier reporting for loading or unloading. Labour to load or
unload the vehicle shall be the responsibility and expense of the Consignor or Consignee.
9. If any person fails to pay charges due 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 that person which are in its possession and out of moneys arising from the sale retain charges so payable and all-charges and expenses of the detention and sale and shall render the surplus if any of the moneys 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 the Carrier’s right to recover from the person liable to pay the same any charges due or payable in respect of such service or the said detention and sale.
10. The Consignor or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods without presenting a full description of those goods in default of so doing shall be liable for all loss and damage caused thereby.
11. If is agreed that the person delivering any goods to the Carrier for the carriage or forwarding is authorised to sign this consignment note for the Consignor.
12. The Consignor expressly warrants with the Carrier that the Consignor is either the owner of the authorised agent of the owner of any goods or properly 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.
13. Pallets: CHEP pallets may only be transferred to General Carrying Pty Ltd by prior agreement with General Carrying Pty Ltd. Exchange &/or return of pallets is only at the discretion and times convenient to General Carrying Pty Ltd. At all times the responsibility for pallets will remain as that of the Consignor. General Carrying Pty Ltd will not accept any responsibility for loss of pallets or any associated costs.