1. Terms and Conditions of Carriage
1.1 “Carrier” shall mean J & K Thompson carrying on Business in its own name and under any business name and its officers, servants, agents or subcontractors and their employees.
1.2 “Consignor” shall include any person who delivers goods to the Carrier for provision of services.
1.3 “Goods” shall mean the cargo accepted from the Consignor together with any container, packaging but not pallet supplied by or on behalf of the Consignor.
1.4 “Services” shall mean and include the whole of the operations and service undertaken by the Carrier in respect of the goods including but not limited to carriage, transport and/or the storage of the goods.
2. All goods are carried and other service are performed subject to these conditions:
2.1 The Consignor has complied with all applicable laws (including where necessary the Australian Code for the Transport of the Dangerous Goods by Road and Rail, Air Navigation Orders Pt 33 and the International Maritime Dangerous Goods Code) relating to the notification, description (on the consignment note or separately) consigning and packaging of the goods and the expenses and charges of the carrier in complying with any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs warehouse or other authority or company shall be paid by the Consignor. Additional freight charges shall be paid on such goods if deemed necessary by the Carrier.
2.2 If any goods are subject to the control of Customs all customs duty, excise duty and costs which with Carrier becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to customs or excise shall be paid by the Consignor.
2.3 The Consignor or their authorised agent shall not tender for carriage any explosive, inflammable or otherwise potentially dangerous or damaging goods without presenting a full description of the goods as provided under the Australian Code for Transport of Dangerous Goods by Road or Rail (ass amended). In default of doing so the Consignor shall be liable for all loss and damage caused thereby.
2.4 That the Consignor has fully and adequately described the goods on the consignment note.
2.5 The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the carrier by an authorised officer of the Carrier.
2.6 The Carrier is entitled to open any document, wrapping, package or other container in which the goods are placed or carried to inspect the goods either to determine their nature or condition or determine their ownership or destination where any consignment note or identifying document or mark is lost, damaged or defaced.
3. 3.1 Subject to dl 18 and 20 hereof the Carrier shall not be under any liability whether in tort or in contract for any loss or damage to or mis-delivery, delay in delivery. Concealed damage, deterioration, contamination, evaporation, nondelivery of goods held in its care, custody or control, or any consequential loss arising therefrom howsoever caused including but not limited to any negligence or breach of contract by the Carrier.
3.2 In the event of the contract of carriage including any handling, installation, removal, assembly or erection of any kind whatsoever it is undertaken on the strict basis that the Carrier accepts no liability whether in tort or in contract for any loss or damage or injury of any kind whatsoever however arising (including but not limited to any negligence or breach of contract by the Carrier) caused or incurred or incurring during any part of the movement. The disclaimer extends to include not only loss of or damage to itemised equipment itself but, loss damage or injury to any person or property or thing damaged during the movement and to include any loss consequently or otherwise arising from any loss damage or injury aforesaid howsoever caused including but not limited to any negligence or breach of contract by the Carrier.
4. These conditions shall apply to the container or containers or other packaging containing the goods but not any pallet pr pallets delivered with the goods to the Carrier. The consignor shall be responsible for the conformity of such containers and packaging with any requirements of the Consignee and for any expenses incurred by the Carrier arising from any failure so to conform.
4.1 The Consignor acknowledges that the responsibility for property packaging, unitising, class labelling, scheduling and identifying to the Carrier goods of a dangerous and hazardous nature is on the client by Federal and State Law. In default of so doing the client shall be liable for all loss and damage caused thereby.
4.2 The Carrier accepts no responsibility for Control of Pallets on which relative goods are loaded unless prior hiring or handling arrangements are made between the Consignor and the Carrier.
5. Freight shall be considered eared and whether the goods are delivered to the Consignee or not, and whether damaged or otherwise. Under no circumstances will any payment for freight be refunded.
6. Every special instruction to the effect that charges shall be paid by the Consignee shall be deemed to include stipulation that if the Consignee does not pay the said charges within seven (7) days of the date set for payment or, if no date is set for payment, within seven (7) days of delivery or tendered delivery of goods, then the Consignor shall pay the said charges.
7. The Carrier may charge freight by weight, measurement or value, and at any time reweight or revalue or remeasure or require the goods to be reweighted, revalued or remeasured and charge proportional additional freight accordingly.
8. The Carrier’s charges for carriage shall be paid by the Consignor without prejudice to the Carrier’s rights against the Consignee or any other person, proved that when it is stated on the consignment note or docket that charges are payable by the Consignee or the goods and consigned “C.O.D.” or “Freight Collect”, the Consignor shall not be required to pay such charges unless to Consignee fails to pay after demand has been made by the Carrier.
9. These conditions shall be governed and construed in accordance with the laws of New South Wales wheresoever the contract was made and any proceedings against the Carrier shall be brough in that state not elsewhere within twelve (12) months from the date of contract.
10. Should the Consignee of the goods herein described not be in attendance normal trading hours or at the time specified, or if the Carrier arrives to effect delivery at the Consignee’s premises and is delayed in effecting prompt delivery at the said premises for any reason whatsoever outside the Carrier’s control, then the Carrier reserves the right to make an additional charge at ruling rates for every call made for the amount of time of any delay until delivery is effected.
11. The Carrier will deliver goods at intermediate points only by special arrangement and then only provided suitable facilities are available at all hours.
12. Where goods are consigned “C.O.D.” then unless otherwise directed in writing the Carrier is authorised to collect payment according to the terms of consignment (in legal tender or cheques) and to give receipts on behalf of the Consignor.
13. The Carrier may carry all goods or have them carried or onforwarded by any method which the Carrier in its absolute discretion deems fit and notwithstanding and instructions verbal or otherwise that the goods are carried by a certain mode. The Carrier reserves he right to charge for demurrage at the rate charged by the Carrier directly or indirectly by any railway or shipping authority or by any person, firm or company.
14. Loading or unloading is the responsibility of the Consignor or Consignee (as the case requires)
15. The Carrier may arrange for the carriage of the goods by any independent contractor or sub-contractor of the carrier.
16. The Carrier and any sub-contractor shall be entitled to sub-contract on any terms the whole or any part of the service.
17. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect to the carriage of goods, the carrier in addition to acting for themself is acting as agent of and trustee for each of his servants and also any other person or company with whom the Carrier may arrange for the carriage of the goods and the servants of such person or company so that their servants and such person or company and their or its servants are parties to this contract so far as the said clauses containing exclusions or limitations of liability are concerned and if in so far may be necessary to give effect to this clause the carrier shall hold the benefit of these conditions for their servants and for any such person or company and their or its servants.
18. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign a consignment note for the Consignor.
19. All the rights, immunities and limitations of liability in the above conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any conditions hereof by the Carrier.
20 20.1 In regard to goods which the Carrier has been requested by the Consignor to pack and which are described on the face hereof, the Carrier shall not be liable for any damage or loss whatsoever whether in the course of the packaging or in transit or otherwise and howsoever occasioned to the said goods or any of them.
20.2 When the carrier is required to load or unload any liquids, part liquids, substance or any commodities or products into bulk tanks or vessels, drums or containers they shall not be liable for any loss, damage or contamination of the product during any such loading or unloading operation or packing, whilst such product is int transit by any means oof transportation or whilst goods are held in store or bulk storage tanks for any reason whatsoever.
21. All transit damage must be notified at time of delivery otherwise the claim will not be recognised.
22. 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 on any account whether in respect of the goods comprised herein or in respect of any other goods for which the Carrier provides transport or any other service. It the lien is not satisfied and/or the goods are not collects, the Carrier may at its option and without any notice, in the case of perishable goods forthwith and in any other case upon the expiration of one month either (i) remove such goods or part thereof and store them in such a place and manner as the Carrier shall think proper and at the risk and expense of the Consignor as the case may be or (ii) open any package and sell such goods or part thereof upon such items as it shall think fit and apply toe proceeds in or towards discharge of the lien and costs of sale without being liable to any person for any loss or damage thereby caused.
23. INSURANCE WILL NOT BE ARRANGED BY THE CARRIER. IT IS THE RESPOSIBILITY OF THE CONSIGNOR TO ENSURE THAT ADEQUATE INSURANCE COVER IS ARRANGED IN VIEW OF THE APPLICATION OF ALL CLAUSES HEREOF UPON WHICH THE CARRIER ACCEPTS GOODS FOR CARRIAGE.
24. In respect of contracts made in Queensland these conditions shall be read subject to the Carriage of Goods by Land (Carrier’s Liability) Act of 1967 of that stat but except where repugnant to the provisions of the Act shall continue to apply.
25. The Consignor authorises the Carrier (if the Carrier should think fit to do so) to contract either in the Carrier’s name as principle or as agent for the carriage of goods, or for leasing or using any container in which the goods may be placed or packed and to give any receipt for the goods or any container whether subject to any terms and conditions or not and any such contract will be made upon the terms and subject to the conditions of any bill of loading or other forms or terms of contract for carriage whether by sea, rail, road or air or of any lease agreement, equipment hand-over agreement, interchange receipt or any other document as the case may be.
26. Notwithstanding the provisions hereof they shall be read to any implied terms, conditions or warranties imposed by the Competition and Consumer Act 2010 or any other Commonwealth or State legislation in so far as such may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty.