Terms and Conditions of Cartage

THIS AGREEMENT is made on that date specified in Transport Contract Note BETWEEN: DELUXE FREIGHT SYSTEMS (Carrier”) Of the One Part

AND: That party described as the Consignor (Consignor”) of the Other Part

WHEREAS: The Carrier provides Transit Services and the Consignor has at the request of its directors (if any) requested the Carrier to provide these services on the terms and condition contained below:

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

TERM

• This Agreement shall commence on that date (“Commencement Date”) specified in the Consignment Note.

DEFINITIONS

• Any other person, firm or company with whom the carrier may arrange for carriage of any goods and any person who is now hereafter a servant, agent, employee or sub-contractor of any such persons is hereafter referred to as the “Sub-Contractor.”

NOT A COMMON CARRIER

• The Carrier is not a common carrier and does not accept liability as such. All articles are carried or transported and all storage and the other services are provided by the Carrier subject only to these conditions. The Carrier reserves the right to refuse the carriage or transport or storage of articles for any person or corporation at its discretion.

SUB-CONTRACTORS

• The Consignor hereby authorised the Carrier (at the discretion of the Carrier) to 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 of the goods to such sub-contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to extend as the Carrier, and for this purpose the Carrier shall be deemed to enter into this Contract for its own benefit and also as agent for the sub-contractor.

DISCLAIMER

• Unless otherwise agreed in writing, the Carrier shall be under no liability whatsoever, whether in tort, Contract or otherwise, for any loss of (including consequential loss) or damage to or deterioration of goods, or misdelivery or failure to deliver, or delay in delivery of goods either in transit or in storage for any reason whatsoever. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor and the Carrier shall be taken to have delivered the goods in accordance with this Contract if at such an address he obtains from any person a receipt or signed delivery docket for the goods.

• The Carrier shall also not be liable for any loss (including consequential loss), concealed damage or damages caused by the inherent nature of the goods carried or stored and whether caused by the negligence, wrongful act or default of the Carrier or by any other cause whatsoever.

INDEMNIFY

• The Consignor shall save harmless and keep the Carrier indemnified against all claims or demands whatsoever by whomsoever made in excess of the liability of the Carrier under these conditions in respect of any loss, damage or injury however caused, whether or not by the negligence or wilful act or omission of the carrier, his servants, agents or sub-contractors.

INSURANCE

• The goods shall not be insured by the Carrier for the benefit of the Consignor or otherwise except on the prior written instruction of the Consignor and at the Consignor’s sole expense.

• The Carrier may effect that class of insurance which the Carrier in its discretion considers most appropriate to the goods if the Consignor fails to comply the class of any such insurance.

• Any insurance effected shall exclude:

• All claims resulting from wear and tear, moths, vermin, damp, mildew or loss of market;

• All claims resulting from loss, damage or expense (whether caused or not caused by delay);

• Strikes, riots, civil commotions or malicious damage to the goods insured;

• Gradual deterioration, rust or oxidisation unless due to or consequent upon fire, collision, overturning and other accident of the vehicle use; or

• Any other exclusion advised by the Consignor to the Carrier prior to the effecting of such insurance.

CHARGES

• The Carrier shall charge the Consignor in that amount set out in the Transport Contract Note. The Consignor agrees to pay the charge rate within the time limit agreed in writing by the Carrier.

• All amounts charges by the Carrier are deemed to be earned as soon as the goods are loaded and dispatched from the Consignor’s premises, and are not refundable in any event.

• 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 or thirty (30) minutes commencing from the time the Carrier reporting for loading or unloading (unled such delay arises from the default of the Carrier). The Consignee shall be responsible for the provision of suitable labour to load or unload the vehicles of the Carrier.

LIEN

• The Carrier has a lien for monies due to the Carrier for the carriage and/or storage of and other proper charges or expenses upon or in connection with the goods and the general lien for all monies charges due to the Carrier from the Consignor, Consignee or the Owner of the goods for any services rendered or accommodation provided by the Carrier to the Consignor, Consignee or Owner.

• Where a lien is unsatisfied for a period of seven (7) days from the time of notice of such lien given by the Carrier to the Consignor, the goods may at the Carriers discretion be sold by public auction or private treaty and the proceeds of sale applied towards the satisfaction of every such lien and all proper charges and expenses in relation thereto (including the expenses of the sales) and the Carrier shall account to the Consignor, Consignee or the Owner of the goods (as the case may be) for any surplus.

DANGEROUS GOODS

• If the Carrier accepted dangerous goods for carriage or storage (as the case may be) such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with statutory regulations applicable to the carriage of those goods.

• The Consignor shall indemnify the Carrier against all loss ( including consequential loss), damage or injury however caused arising out of the carriage or storage (as the case may be) of any dangerous goods, whether declared a such or not and whether or not the Consignor was aware of the nature of the goods.

• The Consignor undertakes that the goods are packed in a manner adequate to withstand the ordinary risks of carriage or storage ( as the case may be having regard to their nature and in accordance with all laws and regulations which may be applicable.

STORAGE

• At the discretion of the Carrier the goods may be stored at any place at any time and be removed from any place at which they may be stored to any other place they may be stored.

CARRIAGE OF GOODS

• The Consignor shall be deemed to authorise any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

WARRANTY

• The Consignor expressly warrants that the Consignor is either now the owner or the authorised agent of the owner of any goods or property the subject matter herein. By entering into this Contract, the Consignor accepted these conditions for the Consignee as well as for all other persons on whose behalf the Consignor is acting.

DIRECTOR’S GUARANTEE

• In consideration of the Carrier entering into this agreement with the Consignor, the Directors of the Consignor (it is a company) agree to be a party to this Agreement and jointly and severally unconditionally guarantee to the Carrier that the Consignor shall at times punctually discharge all its obligations under this Agreement including but not limited to it obligations to pay monies to the Carrier and will further indemnify the Carrier on demand against in respect of any loss damages, costs or expenses sustained or incurred by the Carrier in consequence of any failure on the part of the Consignor to discharge any obligation contained herein.

FORCE MAJEURE

• It is expressly agreed that all rights, immunities and limitations of liability granted to the Carrier by the provisions set out herein shall continue to have their full force and effect notwithstanding any breach of the terms and conditions hereof by the Carrier.

DAMAGE

• Where by express agreement or operation of law the Carrier becomes responsible for any damage to goods, no claim for such carriage will be allowed unless lodged in writing at the office of the Carrier with 48 hours after Such delivery. It is expressly agreed that the lodgment of such claim in writing with 48 hours after delivery of the goods shall be a condition precedent to any right of the Consignor. Consignee or Other person beneficially entitled to the goods, to claim against the Carrier in respect of any liability to which the Carrier might be subject for the alleged damage.

 

NO REPRESENTATIVES

• This Agreement contains the entire understanding of the parties as to its subject matter. There is no other understanding, agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to these provisions or binding on the parties with respect to the storage and carriage or the matters to which this Agreement relates.

WAIVER

• No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisions.

INTERVENING EVENT

• Notwithstanding any provision of the contrary in this Agreement, the Consignor acknowledges that the Carrier may in some circumstances beyond its control by unable to comply or perform with its obligations under this Agreement. The Consignor agrees to waive its rights under this Agreement and agrees that the Carrier shall not be liable for failure to perform it obligations with respect to Acts of God, Acts of the Queens Enemies, inclement weather, strike, riot, civil commotion, lawful direction by a statutory authority or otherwise which results in the failure of the Carrier to comply or perform its obligations.

TRADE PRACTICES ACT

• Notwithstanding anything herein contained, the Carrier shall continue to be subject to any condition or warranty implied by the Trade Practices Act 1974 (Cth) if and to the extent that the said Act is applicable to this Agreement and prevents exclusion, restriction or modification of any such conditions or warranty.

INCREASES

• All charge rates and prices contained in this Agreement are based upon rates of wages and salaries, price of fuel and oil and road taxes and charges prevailing at the date of this Agreement, and in the vent of any increase, between the date of this Agreement and the date when the contract is commenced in the cost of any of those items so far as such items are incurred by the Carrier, in the performance of the contract or involved herein, then, the charges, rate or prices contained in this Agreement are to be increased by amount equivalent to the full amount of such increases in all such items so far as the same are so incurred or involved.

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