carters transport

Terms & Conditions

Not with standing  any condition  herein limiting or excluding liability, if and to the extent to which the carriage  involves  the transportation of goods  otherwise  than for the purposes of or in the course  of a business, trade, profession or occupation carried on or engaged in by the Consignor, the contract shall be subject to any implied warranty provided by the Trade Practices Act 1974 if and  to the extent that the said  Act  is applicable to this  contract and  prevents  the exclusion, restriction or modification of such  warranty.

1. Definitions

For the purpose of this document:“Carriage” shall mean the whole of the operations undertaken by the Carrier in connection with the goods including but not limited to transport, warehousing, packing, loading and unloading and ‘carry’ shall have a corresponding meaning. “Carrier” shall mean the company whose name appears on this document, its service and agents.“Conditions” mean the conditions contained in this contract.“Consignor” shall mean and include the party on whose behalf the Carrier is undertaking the carriage, the party entering into any contract of carriage with the carrier and any party shown as the Sender on any consignment note relating to such contract of carriage.“Goods” shall mean the Goods   accepted from the Consignor together with any container, packaging or pallets received therein. Without limiting the above, Goods include chilled, frozen, refrigerated or perishable Goods either in transit or in storage. “Sub-Contractor” shall mean and include any:

  1. Other person, firm or company with whom the Carrier may arrange for the carriage of any Goods the subject of this contract, and
  2. any person who is now or hereafter a servant, agent, employee, or sub-contractor of any of the persons referred to above.

2. Limitation of conditions

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. These conditions are subject to alteration from time to time without notice.The Carrier continues to be subject to any implied warranty provided by the Trade Practices Act1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion, restriction or modification of that warranty.It is expressly agreed that all the rights, immunity, exemptions from any limitations of liability granted to the Carrier but the provisions set forth in these conditions shall have and continue to have their full force and effect in all circumstances. This applies whether or not they occur in the course of performance by the Carrier of the contract, in events which are in the contemplation of the carrier and/or the Consignor, in events which are foreseeable by one or both of them, or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof. If any provision or part of any provision of these conditions is   unenforceable, such unenforceability shall not affect any other part of such provision or any other provision thereof.

3. Warranties by Consignor

The Consignor warrants that:

3.1   Compliance with laws
The Consignor has complied with all applicable laws and regulations relating to the nature, conditions, packaging or carriage of the Goods.

3.2   Packaging
The Consignor is responsible for, and will ensure:

  • that Goods are packaged in a manner adequate to withstand the ordinary risks of carriage without any special care in handling or movement, and
  • the conformity of containers, packaging and pallets with any requirements of the Consignee

3.3   Description of Goods
The Goods will be accurately described in writing in the space provided on the consignment note which related to the carriage.

3.4   Dangerous Goods
The Consignor is entirely responsible for compliance with regulations governing the transport or dangerous Goods. This includes ensuring that all Goods with a Dangerous Goods classification are declared and that the Australian Code for the Transport of Dangerous Goods by Road or Rail is complied with.

Goods provided to the Carrier will not include any explosive, inflammable or otherwise dangerous Goods, or Goods which may be liable to damage other Goods or property, other than as are specifically and fully described and disclosed as such by the Consignor in writing to the Carrier (including on any consignment note relating to the carriage).

If, in the opinion of the Carrier, the Goods, either by themselves or in conjunction with any other Goods, are liable to become dangerous, inflammable, explosive, volatile, offensive or of a damaging nature, the Goods may be retained, destroyed, disposed of, abandoned or otherwise rendered harmless. Should this occur, the Consignor agrees that compensation does not arise to the Consignor and the action does not prejudice the Carriers right to any charges, including the cost of such action.

3.5   Title to Goods
The Consignor is either the owner, or the authorised agent of the owner of any Goods, or property the subject matter of the contract of cartage. By entering into this contract the Consignor accepts these conditions for the Consignee as well  as  for  all  other  persons on  whose  behalf  the Consignee is acting.

4. Indemnities

The Consignor indemnifies the Carrier against any:

  1. Charges or losses incurred by the Carrier arising from any failure to conform with the above warranties and
  2. liability whatsoever (without limiting the foregoing, whether arising as  a result  of any breach  of this contract, negligence or wilful act or omission or misconduct on behalf of the Carrier) 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.

5. Rights to refuse articles

The Carrier reserves the right at its discretion to refuse the carriage of

  1. articles for any person, corporation or company, or
  2. any class of articles 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.

6. Use of sub-contractors

The Consignor authorises the Carrier 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 or sub-contractor who shall be entitled, the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractors.

7. Method of carriage and storage

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  methods  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 methods. However, if the Carrier cannot conveniently adopt the methods, the Consignor hereby authorises the Carrier to handle, store, carry or have the Goods carried by another methods.

8. Loss, damage, deterioration or mis delivery of Goods

The goods are at risk of the Consignor and not the Carrier. Unless expressly agreed in writing, the Carrier shall not be responsible in tort, contract or otherwise for any loss, damage, deterioration mis delivery failure to deliver or delay in delivery of Goods for any reason whatsoever including negligence, wilful act or default of the Carrier or others.

This exclusion of liability extends to include not only loss of or damage to the Goods themselves but also to loss, damage, or injury to any person, property or thing damaged during the carriage and to any indirect or consequential loss arising from such loss, damage, or injury or from failure to deliver, delay in delivery or mis delivery. If, notwithstanding the other provisions of this contract, the Carrier is liable for damage to, loss of, or delay in the delivery of the Goods, or any part thereof, no claim in respect of property undertake carriage, the claim is to be made within 7 days of the carriage being undertaken. In the event of alleged failure to undertake or property undertake carriage, the claims to made within 7 days of when the carriage would, in the ordinary course of business, have occurred.

These conditions shall be governed and construed in accordance with the laws of the State of Queensland.  Any proceedings against   the Carrier shall   be brought in that State and not elsewhere. Proceedings are to be brought within 12 months of the date of the consignment note, or if there is no consignment note, the date on which the Carrier took delivery of the Goods.

9. Acceptance of Goods

It is agreed that the person delivering any Goods to the Carrier for carriage or forwarding is authorised to sign the consignment note for the consignor.

10. Delivery of Goods

The Carrier is authorised to deliver the Goods at the address given to the Carrier by the Consignor for that purpose. The Carrier shall be taken to have delivered the Goods in accordance with this contract if at the address he obtains from any person a receipt or a signed delivery docket for the Goods.

If, for any reason beyond the reasonable control of the Carrier, the Carrier is unable to deliver the Goods, or on arrival at the premises to which the goods are to be delivered the Carrier is delayed in delivering the Goods, the carrier shall be entitled to handle and store the Goods in such a manner as it may in its discretion determine.

11. Route of Travel

The Consignor authorises any deviation from the usual routes or manner of the Cartage of Goods.

12. Storage

The Consignor of any Goods which are,or are to be warehoused or stored by the Carrier shall notify the Carrier in writing of an address to which the Carrier may forward any notice to the Consignor, and shall promptly notify the Carrier in writing of any changes of such address. Any notice to be given by the Carrier to the Consignor shall be sufficiently given if sent by prepaid ordinary post to that address,and shall be deemed to be delivered the day after the date of postage.

The Consignor shall pay to the Carrier the storage and other charges calculated in accordance with the Carriers schedule of charges. All charges shall be payable in monthly advance. The Consignor shall indemnify the Carrier against any duties, payments, costs or expenses relating to the stored Goods for which the Carrier may become liable or agree to pay.

The Consignor is authorised to store the Goods in any place, store or warehouse and to remove the Goods from one place, store, or warehouse to another without cost to the Consignor. The Goods are stored at the pleasure of the Carrier. They shall be removed, and all storage and other charges be paid, by the Consignor upon the expiration of 21 daysnotice writing to remove the Goods given at any time by the Carrier to the Consignor. If the Consignor does not comply with the notice, the Carrier may (without prejudice to any other rights or obligations which it may have under this contract or otherwise at law) sell all or any of the Goods and apply net proceeds against any amount owing by the Consignor to the Carrier.

13.  Charges

The Carriers ‘charges’ shall   be considered earned as soon as the Goods   are loaded   and despatched from the Consignors premises. The Consignor will be and remain responsible to the Carrier for all its proper charges incurred from any reason.

In addition to any quoted charge; the Consignor will pay any reasonable charge for delays, handling, storage and subsequent delivery caused by the Carriers not being able to collect or deliver Goods for reasons outside the reasonable control of the Carrier, including:

  1. Goods not being ready for collection at the appointed place or time, or
  2. a lack of adequate access or egress for the purposes of pick up or delivery Goods.

The Consignor warrants the accuracy of any information given to the Carrier in whole or in part by weight or measurement as agreed with the Consignor and may from time-to-time re-weigh or re- measure the Goods   and charge proportional additional freight if they prove to be wrongly described.

A measure of 333 kilograms per cubic metre applies to all consignments. Unless otherwise agreed in writing, the charge will therefore be based on either deadweight or the measurement of the consignment, i.e. length x width x weight.

14. Trading terms

Invoices are payable strictly within 30 days following the end of the month in which the Goods were carried.  A debt is not settled until payment is received and funds cleared.

While the Carrier will use its best reasonable endeavours to collect its charges from the Consignor or other person if so  requested, nothing  in these  conditions shall  be construed to release the Consignor from liability for the charges. Accordingly, every special arrangement to the effect, that charges shall be paid by any person other than the Consignor shall be deemed to include a stipulation that if such other person does not pay the said charges by the date set for payment, then the Consignor shall pay the charges.

The Goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Carrier by the Consignor. If the lien is not satisfied, the Carrier may without notice sell all or any of the Goods and apply the net proceeds in satisfaction of the amount due and holds the balance, if any, on account of the Consignor. This action will not prejudice any other rights which the carrier may have under this contract or otherwise at law.

15. Cost of collecting outstanding debts

The Consignor agrees to reimburse the Carrier for any costs associated with recovering debts not settled within trading terms.

16. Miscellaneous

The Carrier is entitled to open any document and/or any container (of whatever description) in which the Goods are placed or carried to inspect the Goods either to determine their nature or condition or to determine their ownership or destination. The Carrier shall not be bound by any agreement purporting to these very conditions unless such agreement is in writing and signed on behalf of the Carrier by an authorised officer.

Any notice may be given to the Consignor personally or by ordinary pre-paid post addressed to the last known address of the Consignor known to the Carrier.

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