• Subject to The Carriers terms and conditions, the Customer shall take delivery of the goods as soon as The Carrier is ready to deliver.  

  If The Customer fails to take delivery of the goods an alternative solution may be arranged to avoid the charge of a futile trip such as yard storage    and will constitute delivery thereupon any liability whatsoever. Additional costs for route changing from standard can be applied by The Carrier. 

• Notwithstanding any other condition contained in our Conditions of Cartage, where Goods are stored by the carrier due to The Customers   failure to collect or take delivery of the Goods, such storage shall be at the entire risk of The Customer and The Carrier shall have no liability in tort    or contract or otherwise for any loss or damage to the Goods for any reason whatsoever. 

• The Customer warrants that the goods comply with the requirement of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the carrier in complying with the provisions of 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 Customer.  

• If any of the goods are subject to the control of Customs, then The Customer hereby agrees to hold The Carrier harmless and indemnified in respect of all custom duty, excise duty and costs. 

• The Carrier shall not be under any liability in tort or contract otherwise for any loss of or damage to or deterioration of goods or mis delivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated, or perishable goods, either in transit or in storage whether caused by the negligence of the Carrier or by any other cause whatsoever.  

• Without derogating from Clause 3 above the Carrier shall not be liable for any loss of market, loss of use or consequential loss concealed damage or damage caused by inherent vice or nature of the goods or merchandise carried (including chilled, frozen, refrigerated, or perishable goods) either in transit or in storage whether caused by the negligence wrongful act or default of The Carrier or by any other cause whatsoever. 

• Every special instruction to the effect that charges shall be paid by The Customer shall be deemed to include a stipulation that if The Customer 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 the goods, then the Consignor shall pay the said charges.  

• The Carrier may charge freight by weight, measurement, or value, and may at any time re-weigh or re-value or re-measure, or require the goods to be re-weighed, re-valued or re-measured and charge proportional additional freight accordingly. 

• It is agreed that the person delivering any goods to The Consignee is authorised to sign the Consignment Note for The Customer 

• These conditions shall be governed and construed in accordance with the laws of the State in which consignment note is issued and any proceedings against The Carrier shall be brought in that State and not elsewhere.  

• Should the Consignee of the goods described hereon not attend the address given during normal trading hours, when delivery is attempted, an additional charge may be made at ruling rates for each call until the delivery is accomplished. 

• The carrier will deliver the goods at intermediate points only by special arrangement and then provided facilities are available at all hours.  

• The Carrier is hereby authorised to arrange for the carriage of the goods by an independent contractor or sub-contractor of The Carrier.  

• In respect of any clause herein which excludes or in any way limits the liability of The Carrier in respect of this carriage of goods, The Carrier in addition to acting for himself is acting as agent of and trustee for each of his servants and also for any other person or company so that his servants and such person or company and his or its servants and such person or company and his or its servants are parties to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if in so far as may be necessary to give effect to this clause The Carrier shall hold the benefit of these conditions for his servants and for any such person or company and his or its servants.  

• It is specially agreed that all the rights, immunities and limitations of liability granted to the Carrier by the provisions set forth in the above conditions of carriages shall continue to have their full force and effect in circumstances and not withstanding any breach of the contract or of any conditions hereof by The Carrier.  

• The Customer shall specifically declare and fully describe in writing in the space provided herein the name and the nature and the value of all the goods subject to the special rate or carriage, or of a noxious, dangerous, hazardous or inflammable nature or capable of causing any damage or injury to any other goods, or to any persons or animals with which or to any store, vessel, vehicle, wagon, van, aircraft or other conveyance of any kind whatsoever in which they may be loaded, carried, packed or stored, or which are liquid or partly liquid, and additional freight charges shall be paid on such goods if deemed necessary by the Carrier.  

• PACKING: regarding goods which The Carrier has been requested by The Customer to pack and which are described on the face hereof, The Carrier shall not be liable for any damage or loss whatsoever whether during packing or in transit or otherwise and howsoever occasioned to the said goods or any of them.  

• The Carrier may and is hereby expressly authorized by The Customer to carry all goods or to have them carried by any method which The Carrier in his absolute discretion deems fit and notwithstanding any instructions verbal or otherwise of The Customer that the goods are to be carried by another method.  

• These conditions shall be read subject to any implied terms, conditions and warranties imposed by the Trade Practices Act 1974 or any other Commonwealth or State legislation in so far as such may be applicable and prevents either expressively or implied the exclusion or modification of any such term condition or warranty.  

• The Consignor expressly warrants with the Carrier that the Consignor is either Owner, or the authorised Agent of the Owner of any goods or property the subject matter of this contract or cartage and by entering 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. 

• 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 an officer of the Carrier.  

• Any container drop’s locations that are required on the verge of a property will require written permission from the relevant council. Once permission is granted and proof of the permit is sent through to The Carrier, we will arrange delivery. If on arrival the delivery location deemed unsafe to drop a container The Carrier can refuse to deliver. Any futile trip costs will be passed onto the client. 

• The Carrier will accept no liability to damage to crown land or utilities and services located on or in crown land. Container placement provided is deemed to be sufficient for all aspects of unloading. 

• It is assumed that a specified delivery location has sufficient room for safe access for The Carriers assets without risk of damage to The Consignees premises or The Carriers assets. If The Carriers staff deems it unsafe, we can refuse, and futile trip costs will be applied.  The Carrier will not be held liable for damage to The Consignees premises if space is not adequate. 

• Unsealed / Dirt roads must be stated on job request. Additional charges applied if The Carrier is not informed. 

• Any leakage onto The Carriers assets will attract a cleaning charge. 

• A surcharge per consignment shall apply for Dangerous Goods and will be negotiated as per requirements for the cartage of all Dangerous Goods. All consignments of Dangerous Goods must have the appropriate EPG information supplied prior to wharf availability to ensure compliant scheduling. No bookings will be obtained until The Carrier is supplied all appropriate information relating to the goods.  Failure to declare a consignment as dangerous prior to cartage will result in the consignment not to be delivered until required documentation is provided. 

• The Carrier shall not be liable for any failure by it to perform any obligation in these terms and conditions or performing them within a  

particular time frame or any loss or damage to goods, where the carrier is unable to perform that obligation by reason of, or the loss or damage is because of any matter which is beyond its control including but not limited to: any accident or weather conditions, industrial action, congestion on roads, railways, ports or other venues, fires, earthquakes, storms, floods or change in any law or any direction of a government authority. 

• The Customer must ensure all vessel and voyage details provided are correct and updated if there are any changes. The Customer must ensure that goods are cleared for collection and all relevant paperwork is supplied prior to availability of goods so The Carrier isn’t delayed in performing the services. The Customer must give prior written notice of any clearance issues that may impact collection two working days prior to vessel arrival. Failure to do so may result in wharf charges for missed bookings or planned vehicle utilisation and labour.  

• The Customer must ensure all container and seal numbers supplied by the consignee are correct for all document declarations, The Carrier accepts no responsibility for any delays or associated costs due to incorrect information.