Terms and Conditions of Cartage
“Carrier” means the company specified on the agreement, meaning Transport Direct Australia Pty Ltd, (ACN 125 426 646, ABN 88 125 426 646).
“Charges” means the charges payable for the transport or storage of the goods.
“Transport” means the whole service undertaken by the Carrier for the goods including storage.
“Goods” means the goods received from the Customer including any containers, packaged material or pallets. “Customer” the person, organisation or company contracting with the Carrier for the transport or storage of the goods. “Sub-Contractor” means and includes:
• Any person, organisation or organisations, company or companies, with whom the Carrier may arrange for the Transport or storage of any goods the subject of this contract and each of their respective agents.
“Australian Consumer Law” means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
2. Contract Basis
The Customer is also subject to the Sub-Contractor’s full Terms and Conditions.
Customer acknowledges and agrees that it is solely responsible for insuring the Goods during Transport and storage (Insurance). Customer may purchase such Insurance from Carrier, or from a third party provider, or by emailing an insurance request to firstname.lastname@example.org or by purchasing insurance directly through the Carrier website. Carrier is not liable for any loss or damage Customer suffers in connection with Customer’s failure to acquire and/or maintain relevant Insurances.
By choosing to select insurance or freight warranty through Carrier, the Customer acknowledges and agrees there may be terms and conditions associated with the additional coverage.
To the maximum extent permitted under Australian Consumer Law, Customer releases and holds Carrier harmless for any loss or damage Customer suffers in connection with the Transport or storage of the Goods and the Carrier’s maximum aggregate liability is limited to the cost of supplying the relevant services again or repaying Customer the cost of having the services supplied again.
3. Customer’s Warranties The Customer warrants:
It has fully and adequately described the goods, their nature, weight and measurement and applied with all laws and regulations (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, the Civil Aviation Regulations and the International Maritime Dangerous Goods Code) relating to the notification, classification, description, labeling, transport, nature, condition, or packaging of the goods and given their nature the goods are packed in a proper way to withstand the ordinary risks of Transport.
4. The Customer will fully disclose to the Carrier the exact details of any Dangerous Goods transported and prepare the goods for transportation in accordance with the latest version of the ADG Code.
5. The Customer hereby authorises the Carrier to arrange with any Sub-Contractor and the Sub-Contractor with any Sub-Contractor for the Transport of any goods the subject of this contract and the Sub-Contractor/s shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
6. If the Customer instructs the Carrier to use a particular mode of Transport or use a particular Sub-Contractor, whether by road, rail, sea or air, the Carrier will give priority to that method designated but if the Carrier cannot conveniently adopt it, the Carrier may in its absolute discretion Transport the goods by another method.
7. Where a particular method of Transport is delayed under instructions of the Customer or by circumstances beyond the control of the Carrier or Sub-Contractor, the goods will be warehoused or stored at the Carriers discretion and at the Customer’s expense. The Carrier or Sub-Contractor accepts no liability for any Goods stored.
8. All goods to be forwarded shall be subject and liable in every respect to all terms, conditions and requirements which may be imposed by a Sub-Contractor, a Sub-Contractor’s Sub-Contractor, highway, port, harbor, dock, railway, shipping, airway or any other Public Authority or Government Department or Office and any additional expense or charges arising by reason of such terms and conditions shall be paid be the Customer.
9. The Customer acknowledges that the goods are provided by the Customer to the Carrier or Sub-Contractor for the purpose of this contract solely at the risk of the Customer and no responsibility in tort, contract or otherwise (including negligence), will be accepted by the Carrier or Sub-Contractor for any loss of, damage to or deterioration of goods, misdelivery, failure to deliver or delay in the delivery of goods, damage to any property, injury to, or death of any person, either in transit or in storage or otherwise for any reason whatsoever.
10. The Customer agrees that a notice of claim must be lodged within (7) days of the incident or non-delivery, for the claim to be considered.
11. The Goods are accepted subject to carrier’s lien for all charges which may become due to the Carrier on any account.
The Customer, Receiver, or third party as nominated must:
a. Within 7 days of date of invoice pay the Carrier the agreed charges, unless agree otherwise by the Carrier. b. Pay any charges for demurrage at the rate charged to the Carrier by any Sub-Contractor.
c. Pay the Carrier’s expenses and charges necessary to comply with any law or regulation or with the requirement of any harbor, dock, railway, shipping, airport, customs, excise or warehouse authority or any other person.
13. The Customer acknowledges:
a. The Carrier’s Charges are earned as soon as the Goods are picked up or placed in storage and whether they are delivered to the receiver or not and whether they are damaged or not, under no circumstances will freight charges be reimbursed.
b. All Charges payable to the Carrier are exclusive of Goods and Services Tax which will be to the Customer’s account and additional to the charge.
c. All Charges payable to the Carrier are exclusive of a Fuel Levy which will be added to the Customer’s account and additional to the charge. The Fuel Levy will be monitored and adjusted periodically at the Carrier’s discretion.
d. The Customer agrees to pay any expenses or costs incurred by the Carrier in recovering any outstanding monies including debt collection, commission, charges, legal fees, along with all solicitors’ costs incurred by the Carrier shall be paid by the customer.
e. The Customer acknowledges and agrees that it cannot freely assign or transfer the whole or any part of its rights or obligations under this agreement, but that the Carrier may assign or transfer the whole or any part of its rights or obligations under this agreement as part of a merger, sale or acquisition of its business.
The Customer acknowledges and accepts these Terms and Conditions.