Conditions of Cartage
1.DEFINITIONS AND INTERPRETATION
In these Conditions, unless the context or interpretation otherwise admits, the following expressions shall bear the following meanings:
“Carrier” means McMahon Burnett Transport ABN 30 964 648 346 and includes its successors, assigns, servants, subcontractors and agents;
“Conditions” means these Conditions which form part of the contract;
“Consignor” means the Consignor on the face of this Contract and includes its servants, subcontractors, agents, successors, personal representatives and heirs-at-law;
“Contract” men the Consignment or Cartage Note on the face of these conditions:
“Dangerous Goods” has the meaning given to it by the Explosives and Dangerous Goods Act 1961 as Amended;
“Goods” means the goods requested by the Consignor to be carried by the Carrier described in the Particulars of this Contract and, if applicable, includes Dangerous Goods; Headings in these Conditions do not affect their interpretation.
2. NOT COMMON CARRIES
It is an express condition of these Conditions that the Carrier is not a common carrier and accepts no liability whatsoever as common carriers;
All carriage, transportation, storage of Goods and any other services performed by the Carrier are performed on the basis of the condition contained in clause 2.1 hereof.
3. NO VARIATION OF CONDITIONS
No variation or alteration of the Conditions shall be effective unless made in writing and signed on behalf of the Carrier by a Director, Secretary or Manager of the Carrier.
4. CARRIERS OF GOODS
4.1 Notwithstanding anything contained in these Conditions, the carrier reserves the right to refuse to carry or transport and Goods or any class of Goods at its absolute discretion;
4.2 Goods shall be deemed to be in transit from the time of collection to the time of delivery of the Goods notwithstanding that the carriage of the Goods may have been interrupted or the Carrier may have diverted from the usual route for such carriage;
4.3 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 that address, he obtains from any person a receipt or signed delivery docket for the Goods.
5. DANGEROUS GOODS
If the Goods are Dangerous Good, the Consignor shall so declare it to the Carrier and shall fully describe them in the space provided in the Particulars of the Contract.
6. NO LIABILITY BY CARRIER
Goods are at the risk of the Consignor.
Unless otherwise expressly agreed in writing, no liability whatsoever is accepted by the Carrier, whether in tort or in contract or otherwise, for any loss or damage to or deterioration in or misdelivery or failure or delay in the delivery of the Goods howsoever and whensoever it may occur, including but not limited to chilled, Frozen or perishable Goods, and whether or not such loos, damage, deterioration, misdelivery or failure or delay to deliver occurs in the course of performance of the Contract by or on behalf of the Carrier and whether or not the same-is caused by negligence breach of contract or wilful act or default of the Carrier or of any other person whether or not the Goods are in transit or in storage or otherwise.
7. HANDLING OF GOODS
In the event that the Consignor requires any handling, installation, removal, assembly or erection of any kind of the Goods or any part thereof whatsoever, as specified in the Contract, it is undertaken of the strict basis that the Carrier accepts no liability for any loss, damage or injury of any kind whatsoever, howsoever arising, caused or incurred or occurring during any part of the carriage or handling, including but not limited to , any loss or damage to itemised equipment and any loss or damage in connection with the loss of life, personal injury and damage of or in connection with any one or more of these matters to property or to any person or the property of any person resulting from any act, neglect or default of the Consignee or any defect in the Goods.
8. THIRD PARTY INDEMNITY
The Consigner shall indemnify and keep indemnified the Carrier from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Carrier may suffer or incur in connection with loss of life, personal injury and damage of or in connection with any one or more of these matters or to property or to any person or the property of any person arising from or as a result or consequence of inadequate, inaccurate or misleading information provided by the Consignor to the Carrier in respect of the goods(whether Dangerous Goods or not).
9. PAYMENT
Payment of the consignment fee or cartage fee shall be upon such terms as may be mutually agreed between the Carrier and the Consigner, and failing agreement, shall be made within SEVEN (7) days of the date of the Contract.
10. PROPER LAW AND PROCEEDINGS
These Conditions shall be governed by and construed in accordance with the laws of the State or Territory in which the Consignment or Cartage Note is issued AND any proceedings against the Carrier shall be brought in that State or Territory, and not elsewhere, within TWELVE (12) months from the date of the Contract.
11. TRADE PRACTICES ACT
These Conditions shall be subject to the provisions of the Trade Practices Act 1974 as amended.
