Definitions:
“Carrier” means the company specified on the agreement, meaning Transport Direct Australia Pty Ltd,
(ACN 125 426 646, ABN 43 399 030 902).
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.
2. Contract Basis
The Carrier is NOT A COMMON CARRIER and accepts no liability as such for Transport or storage and may refuse to
Transport goods for any person or to Transport or store any class of goods at its sole discretion. The Customer is also
subject to the Sub-Contractor’s full Terms and Conditions, the Sub-Contractor is also not a common carrier.
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 the class of Dangerous Goods and prepare the goods for
transportation in accordance with the current 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.
12. Charges
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.
The Customer acknowledges and accepts these Terms and Conditions.