1.Warners Transport & Distribution Pty Ltd (hereinafter referred to as “the Carrier” which expression shall include unless the context otherwise requires its servants, agents and sub-contractors) IS NOT A COMMON CARRIER and will accept no liability as such. The Carrier reserves the right to refuse the carriage or transport of goods of any person, and the carriage or transport of any class of goods at its discretion.
2. It is agreed that the person delivering the goods to the Carrier for carriage is authorised to sign the consignment note on the Consignor’s behalf.
3. The goods are accepted by the Carrier subject to the following conditions:
(a) that the goods comply with the requirements of any applicable law relating to their nature, condition and packing;
(b) any cost, expense or charge incurred by the Carrier in complying with the any applicable law relating to the nature, condition or packing of the goods or with any order or demand under such law shall be paid by the Consignor;
(c) if any of the goods are subject to customs duty, excise duty or any other cost which the Carrier becomes liable to pay shall be paid by the Consignor;
(d) that the goods are fully described in writing in the space provided on the consignment note and such description shall include, but not be limited to, the name, nature and value of the goods and whether they are subject to special rates of carriage or are noxious, dangerous, hazardous or flammable or otherwise capable of causing damage or injury to person or property or are liquid and in any event the Carrier may, in its discretion, impose additional freight charges on the goods.
(e) 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 duly authorised officer or employee of the Carrier.
4. (a) Notwithstanding any other clause of these terms and conditions, under no circumstances shall the Carrier, be liable or responsible to the Consignor for any injurious act or default of the Carrier and shall not be liable or held responsible for any theft, misdelivery, non-delivery, delay in delivery, concealed damage, deterioration, contamination evaporation, loss, damage or destruction of any goods being carried or stored on behalf of the Consignor or any consequential loss arising therefrom howsoever caused (including by the Carrier’s negligence, breach of statutory duty or breach of contract) and regardless of whether there has been any deviation from any agreed or customary route of carriage or place of storage).
(b) Where the carriage of the goods by the Carrier includes handling, installation, removal, assembly or erection of the goods, the Carrier under no circumstances shall the Carrier be liable or responsible to the Consignor or any other person in respect of claims, demands, actions, expenses and liabilities for any loss or damage to property or death of or injury to any person howsoever caused (including by the Carrier’s negligence, breach of statutory duty or breach of contract).
5. All charges shall be considered earned and become due and payable whether the goods are delivered to the Consignee or not and whether damaged or otherwise and in no circumstances will any charges paid be refunded.
6. Where it is agreed by the Carrier and Consignor that the carriage charges are to be paid by the Consignee, if the Consignee does not pay the said charges within 7 days of the date set for payment, or, if no date is set for payment within 7 days of delivery or attempted delivery of the goods, then the Consignor shall pay the said charges, including any additional charge for each call made in any attempt to effect delivery.
7. The Carrier may charge freight by weight, measurement or value, and may at any time re-weigh, re-measure or re-value the goods or require the goods to be re-weighed, re-measured or re-valued and in the event of any increase being disclosed in the weight, measurement or value of any of the goods then the Carrier may impose an additional charge which is proportional to the increase in the weight, measurement or value of the goods.
8. Should the Consignee of the goods described hereon not be in attendance at the address described on the consignment note when delivery is attempted during normal trading hours, the Carrier may impose an additional charge at applicable rates for each call until delivery of the goods is accomplished.
9. The Carrier will deliver goods at intermediate points on the route of carriage only by special arrangement and on the proviso that delivery facilities are available at all hours.
10. The goods may be on forwarded by any means at the Carrier’s discretion
11. The Carrier may arrange for the carriage of the goods by an independent contractor or sub-contractor of the Carrier
12. The Consignor hereby authorises the Carrier (if the Carrier desires to do so) to act as the Agent of the Consignor and on its behalf when arranging with a sub-contractor for the carriage of any of the goods the subject of this contract. Any such arrangement shall be deemed to have been made on behalf of the Consignor and the sub-contractor who shall, upon the delivery of the goods to it, be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
13. All the rights, immunities and limitations of liability conferred on the Carrier, whether expressly or impliedly in the these terms and conditions of carriage shall survive and continue to be of full force and effect after delivery (including mis-delivery) or attempted delivery of the goods notwithstanding any breach of these terms and conditions by the Carrier.
14. Where the Carrier has been requested by the Consignor (and the Carrier has agreed) to pack the goods described on the face hereof, the Carrier shall not be liable for any loss of or damage to the goods or any other property or for death of or injury to any person caused by or arising out of the packing or carriage of the goods by the Carrier and howsoever occasioned (including by the Carrier’s negligence, breach of statutory duty or breach of contract).
15. When the Carrier is required to load or unload any substance whether wholly or partly liquid, solid or gaseous, or any commodities or products of whatsoever kind into bulk tanks or vessels, drums or containers, it shall not be liable for any loss or contamination of, or damage to, product, from whatsoever cause (including the Carrier’s negligence, breach of statutory duty or breach of contract) whether occurring during any loading, unloading, packing or transportation of the substance or while the substance is or was held in storage.
16. The Consignor shall indemnify and hold harmless the Carrier from any claims, demands, actions, losses, liabilities, costs and expenses in respect of:
(a) loss of or damage to property; or
(b) injury to or death of any person.
arising out of or in respect of or caused by the carriage, transportation, packing, loading, unloading or storage of the goods or anything done in connection thereto by the Carrier with such indemnity to applynotwithstanding that the loss of or damage to property or the injury to or death of the person was caused by the Carrier’s negligence, breach of statutory duty or breach of contract.
17. (a) The Carrier may carry the goods by any method which the Carrier in its absolute discretion deems fit and notwithstanding any instructions whether verbal or otherwise from the Consignor that the goods are to be carried by another method.
(b) The Carrier may charge for the method of carriage indicated on the face hereof regardless of the method used to carry the goods.
18. The goods are accepted subject to a general lien for all charges now due to the Carrier. If the lien is not satisfied and/or the goods are not collected the Carrier may, at its discretion and without any notice to the Consignor or Consignee in the case of perishable goods, forthwith and in any other case upon an expiration of one month either:
(a) remove the goods or any part thereof and store them in such place and manner as the Carrier shall think fit and at the risk and expense of the Consignor or Consignee as the case may be; or
(b) sell the goods or any part thereof upon such terms as it shall think fit and apply the 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.
19. It shall at all times be the Consignor’s responsibility to effect and maintain insurance to cover its risks and the risks of the Consignee and any other person having an interest in the goods in any way arising from, relating to or connected with the consignment note or these terms and conditions.
20. Where the Consignor makes a written request in writing for the Carrier to effect and maintain the insurance referred to in clause 19, the Carrier will use its best endeavours to effect and maintain the insurance (at the Consignor’s cost) but the Carrier shall not be liable or held responsible for (and the Consignor shall indemnify it against) any loss, injury or damage suffered by the Consignor, Consignee or any person having an interest in the goods whether in contract, tort or otherwise arising from any act or omission of the Carrier.
21. 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, weather conditions, industrial action, shortage or unavailability of fuel, congestion on roads, railways, ports or other venues, fires, earthquakes, storms, floods or change in any law or any direction of a government authority.