TERMS & CONDITIONS OF CARRIAGE
IMPORTANT NOTE: THESE CONDITIONS LIMIT YOUR RIGHTS EFFECTIVE FROM 1/7/94
You may think it is desirable you effect insurance over the goods. If so you should advise your insurance company that your goods are being transported and/or stored pursuant to these terms. Your charges have been calculated in part on the basis firstly it is for you to arrange insurance and secondly [subject to Clause 3.8] the risks mentioned below are accepted by you and NOT by the carrier. The carrier also offers upon your written request (in a form prescribed by the carrier) to endeavour to procure for your insurance. Please read this page carefully.
In these conditions "carrier" shall mean the company the name of which is printed on the face of this consignment note and its successors, assigns, servants and agents; and "subcontractor" shall mean any person, firm or company with whom the carrier may arrange the carriage, handling or storage of any goods subject to this contract and any of the subcontractor's successors, assigns, employees, agents and subcontractors; and "carriage" or like words shall in addition to their natural and ordinary meaning also mean any handling or movement of the goods by any means whatsoever.
1. NOT A COMMON CARRIER
1.1 The carrier is not a common carrier and will accept no liability as such.
1.2 All goods are carried and all storage and other services are performed by the carrier subject only to these conditions.
1.3 The carrier reserves the right to refuse the carriage or storage of goods at its discretion.
2 RIGHT TO SUBCONTRACT
2.1 The carrier may arrange with a subcontractor or others for the carriage or storage of any goods subject to this contract.
2.2 The sender undertakes that no claim or allegation shall be made against any subcontractor or person by whom the carriage or storage or any part of it was performed or undertaken, but if a claim or allegation is nonetheless made, the sender absolutely without exception agrees to free, release, hold harmless, indemnify and keep indemnified the carrier against each and every consequence thereof.
3 SUBJECT TO LEGISLATION – NO CARRIER'S LIABILITY & NO WARRANTIES
3.1 The goods are in all things and at all times at the risk of the sender and not the carrier.
3.2 The carrier shall not be responsible in negligence tort contract or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery or failure to deliver or delay in delivery of the goods or failure to store or incorrect or defective storage of the goods including without limiting the foregoing chilled, frozen, refrigerated or perishable goods.
3.3 This clause shall apply whether or not such loss, damage, deterioration or injury, or mis-delivery or mis-handling, or failure to deliver or delay in delivery of the goods or failure to store or incorrect or defective storage of the goods occurs by negligent, reckless or wilful acts or default of the carrier, or whether or not occurs in the course of the performance or purported performance by the carrier of this contract or whether or not the events or omissions are in the contemplation of the carrier and/or the sender or whether or not such events or omissions are forseeable by them or either of them.
3.4 The disclaimer extends to include not only loss for damage to or deterioration of the goods but also loss, damage or injury to any person, property or thing during or resulting from the performance or purported of or want of performance or breach of the contract howsoever caused including but not limited to any negligence, recklessness or wilfulness of the carrier.
3.5 The sender agrees to free, release, hold harmless, indemnify and keep indemnified the carrier from all claims, liabilities, damages, costs and expenses arising out of any matter whatsoever about any aspect of the goods or the carriage or purported carriage of or storage or purported storage of or failure to carry or store the goods or in any way arising out of any act or omission or any breach of or failure by the carrier to comply with any of its obligations hereunder and otherwise howsoever whether such claims, liabilities, damages, costs and expenses be direct or indirect consequential or inconsequential past, present or future.
3.6 All the rights, immunities, benefits and limitations of liability granted to the carrier by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contract or any of the conditions hereof by the carrier.
3.7 Every, exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect (a) all sub-contractors (b) every servant or agent of the carrier or of a sub-contractor (c) every other person by whom the carriage or any part thereof is performed or undertaken (d) all persons who are or might be vicariously liable for the acts or omission of persons falling within (a) to (c) inclusive; and for the purposes of this clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
3.8 All warranties upon the carrier whether they be statutory or otherwise or implied by law are to the fullest extent possible hereby expressly negated. Notwithstanding the carrier shall continue to be subject to any condition or warranty imposed by the Trade Practices Act or similar or equivalent State Acts if and strictly only to the extent that any such Acts are applicable to this agreement and if and strictly to the extent the provisions of such Act prevent the exclusion, restriction or modification of any such condition or warranty.
3.9 In entering into this contract the sender warrants that it has conducted its own enquires and relied on its own judgement and not on any representation made by or on behalf of the carrier and all such representations are hereby excluded.
4 CARRIER'S CHARGES AND LIEN
4.1 The carrier’s charges shall be considered fully earned and due and payable as soon as the goods are loaded and dispatched and they are payable and non-refundable in any event including without limitation thereof loss of or damage to or non delivery of the goods.
4.2 The sender will be and remain responsible to the carrier for all of its charges and all other monies due to the carrier.
4.3 No set-off or abatement or deduction is permitted in respect of any of the charges or other monies due to the carrier hereunder.
4.4 The carrier shall have a right of lien over the goods or any other goods of the sender and any documents relating thereto in respect of all unpaid charges and other monies due to the carrier whether pursuant to the terms hereof or otherwise and whether such goods have at any time left the possession of the carrier.
4.5 For the purposes of the lien hereby given the carrier may detain and sell by public auction or private treaty without notice to the sender all or any of the goods of the sender and out of the proceeds of sale retain the charges or other monies payable and all expenses and charges of the detention and sale.
5 HANDLING OF GOODS AND DELIVERIES
5.1 The sender hereby authorises the carrier to:
5.1.1 Handle, carry or store the goods or cause the same to be handled, carried or stored by any methos, and
5.1.2 Carry or cause to be carried the goods by any route in the absolute discretion of the carrier and the carrier shall be entitled to ignore any instructions in relation thereto
5.2 The carrier is authorised to deliver the goods at the address nominated to the carrier by the sender for that purpose and without prejudice to the foregoing it is expressly agreed that the carrier shall be conclusively presumed to have delivered the goods in accordance with this contract if he obtains from the receiver a signature or a receipt.
5.3 If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the carrier, the carrier may at the carrier's option deposit the goods at that place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the carrier the sender shall pay or indemnify the carrier for all costs and expenses incurred in or about such storage, in the event that the goods are stored by the carrier the carrier shall be at liberty to re-deliver them to the sender from the place of storage at the sender's cost at the then applicable rates of carriage and storage.
6.1 The person delivering any goods to the carrier for carriage or storage is authorised to sign the consignment note for the sender.
6.2 The sender warrants to the carrier that the sender is either the owner or a person having an interest in the goods or their authorised agent and by entering into this contract the sender is doing so for itself as well as for all other persons on whose behalf the sender is acting.
7 SENDERS WARRANTIES
7.1 The sender warrants to the carrier that it has complied with all applicable laws in relation to notification description, carriage and packaging of the goods and without limitation thereof that all applicable duties excises taxes or costs in relation thereto have been fully paid.
7.2 The sender has fully, adequately and accurately described the goods on the consignment note.
7.3 The sender shall be responsible for the conformity of packaging containerisation or palleting to the requirements of the receiver and for any costs or expense incurred by the carrier in relation thereto.
8.1 The carrier will endeavour to arrange for insurance of goods as the sender's agent if the sender requests the carrier to do so in writing (in a form prescribed by the carrier) and notifying the value of the goods for the purposes of such insurance.
8.2 The said insurance shall be at the sender's expense both as to premium and as to the carrier's administration charges and in accordance with the conditions of insurance selected by the carrier with the insurer selected by the carrier.
8.3 The conditions of insurance are obtainable from the offices of the carrier and include inter alia conditions in relation to exemptions and claims and expenses.
2. The law governing the interpretation of these conditions are for all matters between the parties pursuant to these conditions shall be the law of the State of South Australia. No waiver by the carrier of any breach of any term of any agreement with the sender from time to time shall be deemed to be a waiver of any subsequent breach of any kind. Singular words shall include plural and vice versa. The portion entitled "Important Note" is to be taken as a warning only and the provisions thereof shall not be taken as limiting any other provisions herein, but an expression of the context of this agreement and the exclusions herein. Headings and side headings are inserted for guidance only and do not affect the content of any parts or clauses. If any provision herein is or becomes void or illegal or unenforceable for any reason then such provisions shall be rectified and written down in so far as maybe possible so as to be valid and enforceable and to such extent that it is not valid and enforceable shall be severed and omitted from these conditions which shall otherwise remain in full force and effect. No one provision herein shall limit the generality of any other provisions herein. In the event that the sender uses or attempts to use or issues or attempts to issue at any time any letters writings instructions forms or delivery notes or the like containing any terms or provisions inconsistent with these conditions then they shall not form part of any agreement with the sender and these conditions shall prevail. These conditions bind the sender and its executors administrators successors and assigns as the case may be.
10 EFFECTIVE DATE, VARIATIONS & AMENDMENTS:
10.1 These conditions are effective as from the effective date mentioned above.
10.2 In the event in any manner you have in the past received, or in the future receive, conditions bearing either (a) no date clearly stated to be the "effective" date, or (b) an "effective" date being a date prior to the effective date mentioned above, then REGARDLESS these and only these conditions shall be the conditions applicable to each and every event of carriage or storage between the parties from the effective date mentioned above.
10.3 In the event in the future you in any manner receive conditions with an "effective" date subsequent to the effective date mentioned above, then those and only those conditions shall be applicable to each and every event of carriage or storage between the parties from the effective date mentioned in those conditions.>
10.4 FOR A DATE TO BE "EFFECTIVE" THE DATE MUST BE PREFACED WITH THE WORDS OR LIKE WORDS "EFFECTIVE FROM".
TERMS & CONDITIONS OF WAREHOUSING
IMPORTANT NOTE: THESE CONDITIONS LIMIT YOUR RIGHTS EFFECTIVE FROM 1/1/2010
1. In these conditions “AWDS” shall mean Jolimont Dell Pty Ltd ACN 051 201 499, its employees, servants, agents, divisions, subsidiaries, subcontractors or affiliates. “Principal” means any person referred to in this document. The Principal hereby authorises AWDS (if it should think fit to do so) to sub-contract the whole or any part of the warehousing.
2. All goods are stored at the Principal’s sole risk and unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by AWDS for any loss or damage to or concealed damage deterioration contamination evaporation or mis-delivery of or failure to deliver or delay on the delivery of goods either in store or in transit to or from the store for any reason whatsoever.
3. Insurance for goods stored is the responsibility of the Principal, not AWDS.
4. The Principal warrants: -
(a) That the goods stored are owned by the Principal (or are legally in control of the Principal) who has full right power and authority to store the same with AWDS.
(b) That unless previously notified in writing to AWDS the goods are free of any deleterious or objectionable matter or odour which may affect other goods and are not explosive, inflammable or liable to spontaneous combustion or otherwise dangerous. The Principal agrees to indemnify AWDS against any adverse claim by any other person or persons in respect of the goods.
5. he Principal shall pay all storage and other charges calculated in accordance with the AWDS schedule of charges from time to time current and payable in respect of the goods. All charges shall be payable from time to time on demand and shall stand charged upon the goods and also upon such other goods as shall from time to time be in store in the name of the Principal or belonging to the Principal. AWDS shall have a general lien upon all such goods for all debts now due or which may hereafter become due to AWDS on any account by the Principal.
6. here it is agreed that the charges for storage will be paid by the Principal or a third party the Principal or third party will indemnify AWDS against any loss resulting from the non-payment of the charges by the Principal or third party and without limiting the generality the Principal agrees that if or insofar as any charges are not paid on demand AWDS will demand payment by Principal. All collection and solicitor fees incurred by AWDS in relation to this demand will be charged against the Principal.
7. All goods stored will be subject to a particular and/or general lien for moneys due in respect of such goods or for any particular or general balance or other moneys due by the Principal. If any monies due to AWDS are not paid within one calendar month after notice has been given to the Principal from whom the moneys are due that such goods are detained, they may be sold by auction or otherwise at the sole discretion of AWDS and at the expense of such Principal, and the proceeds applied towards satisfaction of such particular and/or general lien. In this event the Principal shall take no exception upon the ground that any price realised is less than market value or upon any other grounds.
8. Upon notice in writing given by AWDS to the Principal requiring the Principal to remove the Principal’s goods or any part of them the Principal shall within one month from the date of such notice pay any charges to which the AWDS lien extends and remove and take away such goods or part thereof. If the Principal fails to pay the charges as aforesaid and to remove the goods referred to in the notice AWDS may remove the goods and store them in such place and in such manner as AWDS thinks proper and at the risk of the Principal.
9. The Principal must notify AWDS in writing of the Principal’s intention to cease trading with AWDS. The Principal must pay all monies owed to AWDS prior to removal of remaining goods. The Principal acknowledges the rights of AWDS not to release the goods until all monies due are received.
10 Where portion of the AWDS facility is rented to the Principal and the Principal assumes control of and responsibility for the goods in that portion of the facility then:- The rental in respect of that portion of the facility shall be deemed a charge within the meanings of these conditions and, The AWDS lien and right of sale shall extend to and include all goods stored in such portion of the facility all of which goods shall be deemed to be owned by the Principal in whose name that part of the facility is rented.
11 Where the goods are stored in portion of the facility rented to the Principal as in Clause 10 above and in opinion of AWDS all or any of the goods which are therein stored shall be or become deteriorated, objectionable, unwholesome or a source of danger or contamination then AWDS may at any time with or without notice and at the Principal’s expense remove such goods and if thought fit destroy or sell them. Where the goods are sold the same conditions shall apply as where goods are sold for non-payment of charges.
12 Any notice to the Principal required to be given under these conditions may be given in writing and delivered personally, posted to the Principal at the address last known to AWDS, sent by facsimile to the facsimile number last known to AWDS or sent by electronic communication to the last known information system of the Principal. A notice so delivered shall be deemed to have been received by the Principal upon receipt of the written notice delivered personally; at the time when in the ordinary course of postage it should have been delivered; a notice sent by facsimile shall be deemed to have been received by the Principal at the time indicated in the AWDS record of transmittal and a notice sent by electronic communication shall be deemed received by the Principal at the time when the electronic communication enters the Principal’s information system.
13 These conditions shall have effect subject to the provisions of any Act or Regulation relating to the warehousing of goods in the State of South Australia where the AWDS facility is located but so that the general lien of AWDS under these conditions shall be additional to any rights conferred on AWDS by virtue of such Acts or Regulations and so that nothing in the agreement shall be construed to mean that AWDS shall have surrendered any of its rights or immunities or to have increased its responsibilities and liabilities under the said Acts and Regulations or to have lost the benefit of any Statutory exemption, limitation or protection whatsoever.
14 AWDS accepts pallets or any other packaging device or material only on the express condition that all charges pertaining to the pallets packaging device or material be paid by the Principal and in the event of AWDS signing for receipt of any pallets packaging device or material; they do so only on behalf of the Principal who accepts full responsibility for them and for freight charges thereon. AWDS accepts no responsibility for return of pallets.
15 The Client hereby agrees that commencement of trading constitutes an acceptance of the AWDS Standard Terms and Conditions of Warehousing, Conditions of Carriage and the AWDS Standard Service Agreement.
16.1 These conditions are effective as from the effective date mentioned above.
16.2 In the event in any manner you have in the past received, or in the future receive, conditions bearing either (a) no date clearly stated to be the "effective" date, or (b) an "effective" date being a date prior to the effective date mentioned above, then REGARDLESS these and only these conditions shall be the conditions applicable to each and every event of carriage or storage between the parties from the effective date mentioned above.
16.3 In the event in the future you in any manner receive conditions with an "effective" date subsequent to the effective date mentioned above, then those and only those conditions shall be applicable to each and every event of carriage or storage between the parties from the effective date mentioned in those conditions.
16.4 For a date to be “Effective” the date must be prefaced with the words or like words “Effective From”.