ABC Transport - Conditions of Contract
1. In these conditions:-
“Carrier” shall mean ABC Transport its servants and agents.
“Sub-contractor” shall mean and include:-
- Railways operated by the Commonwealth or any State.
- All Companies which are members of the Forwarders Division of the Australian Road Transport Federation and its affiliated Associations.
- Any other person, firm, company or statutory body or other organisation 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 person referred to in (i), (ii) and (iii) 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 those conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OF ARTICLES FOR ANY PERSON, CORPORATION OR COMPANY AND THE CARRIAGE OR REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON, CORPORATION OR COMPANY AND THE CARRIAGE MADE BY THE Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the OR TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by a Director or the Secretary of the Carrier.
3. The Consignor hereby authorises the Carrier (if it should think fit to do so) or arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery for 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 contract for its own benefit and also as trustee of 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 the goods carried by another method or methods.
5. (a) Unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by the Carrier for any loss or damage to or misdelivery or failure to delivery or delay in delivery of goods either in transit or in storage for any reason whatsoever.
(b) Goods shall be deemed to be in transit notwithstanding that the carriage of the goods may have been interrupted or the Carrier may have diverted from the usual route for such carriage.
6. 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 that contract if at that address he obtains from any person a receipt or signed delivery docket for the goods.
7. The Carrier will effect insurance of the goods as the Consignor’s agent 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.
8. The Carrier’s charges shall be considered earned as soon as the goods are loaded and dispatched.
9. 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 or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading. Labour to load or unload vehicle shall be the responsibility and expense of the Consignor or Consignee.
10. 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 an such of the goods as remained unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due or payable in respect of such service of the said detention and sale.
11. 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 and in default of so doing shall be liable for all loss and damage caused thereby.
12. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Consignor.
13. The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract of cartage and by entering into this contract the Consignor accepted these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
14. Notice in writing of any claim intended to be made under this contract must be given to the Carrier within five days after the date of delivery or in the case of non-delivery within five days after the party claiming became aware of the loss or injury AND unless so given and made the claim shall not be enforceable against the Carrier.
15. When this contract is made in Queensland these conditions shall be read subject to The Carriage of Goods by Land (Carrier’s Liabilities) Act of 1967 as in force in that State and except where repugnant to the provisions of that Act these conditions shall apply.