Terms

SHAW’S DARWIN TRANSPORT Pty Ltd hereinafter referred to as "The Carrier" (which expression will include its servants, agents, sub-contractors and including all  railways whether Government or Privately owned or operated), is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage or other services are performed by the Carrier subject only to these conditions. The Carrier reserves the right to refuse the Carriage or Transport of articles for any person, corporation or company and the Carriage or Transport or any class of articles at its discretion.

  1. These conditions together with any special instructions and the agreement between the parties as to price shall contain the entire and only agreement between the parties in respect of this carriage of goods and any representation, promise, condition or warranty in connection therewith not incorporated herein shall not be binding upon either party.

  2. In the event that the Carrier does not himself carry the goods then he is hereby appointed the agent of the Consignor for the purpose of entering into a contract of carriage on behalf of the Consignor with any other Carrier provided that such contract of carriage shall contain the same terms and conditions as this agreement except as to price and that the Carrier shall be responsible for all charges payable to such further Carrier and shall be paid the price agreed upon in respect of this carriage of goods notwithstanding any arrangement pursuant to this clause.

  3. Where forwarding is delayed under instructions from the Consignor or by circumstances beyond the control of the Carrier the goods may be warehoused or stored at the Carrier’s sole discretion and at the Consignor’s expense.

  4. Every special instruction to the effect that charges shall be paid by the Consignee shall be deemed to include a stipulation that if the Consignee does not pay the said charges within seven (7) days of the date set for payment, or if no date is set for payment, within seven (7) days of delivery or tendered delivery of the goods then the Consignor shall pay the said charges.

  5. A charge may be made by the Carrier in respect of any delay in excess of thirty minutes in loading or unloading, labour for which purpose being the responsibility and at the expense of the Consignor or Consignee.

  6. Freight shall be considered earned as soon as the goods are despatched from the premises of the Consignor, whether the goods are delivered to the Consignee or not, and whether damaged or otherwise.

  7. (i) Subject to any special instruction the Consignor shall pay the Carrier all charges, including any further charges pursuant hereto notwithstanding that:

    (i) (a) The Consignee refuses, fails or neglects to take delivery of the goods or

    (i) (b) Delivery of the goods cannot be affected because the Consignee is dead, cannot be found or located either because the address given is insufficient or incorrect or because he is absent from the address given and his whereabouts cannot be immediately ascertained or because the goods are otherwise not identifiable, or

    (i) (c) It becomes necessary to sell or otherwise deal with the goods either according to the instructions of the Consignor or otherwise pursuant thereto.

    (ii) In any case referred to in sub-clause (1) of this Condition:

    (ii) (a) Where the instructions from the Consignor with respect to disposing of perishable goods are not or cannot be obtained within a reasonable time having regard to the nature and condition of the goods then such perishable goods may be sold or otherwise disposed of without notice to the Consignor, Consignee or owner of these goods and payment or tender of the net proceeds of any sale after deduction of all charges an expenses incurred in the sale of the goods or otherwise disposing of the goods and also of charges and expenses which may be due or owing or payable to the Carrier under these terms and conditions shall be equivalent to delivery, and

    (ii) (b) Where instructions from Consignor with respect to disposing of non-perishable goods are not received before the expiration of twenty one days from the date of the sending of the notice in writing by the Carrier to the Consignor at the address given hereon as his address then the Carrier may sell such goods or return then to the Consignor at the Carrier’s option and where goods are sold payments or tender of the net proceeds of any sale after deductions of all charges and expenses which may be due, owing of payable to the Carrier under these terms and conditions shall be equivalent to delivery.

    (ii) (c) A communication in writing from any agent or correspondent of the Carrier that the goods cannot be delivered for any reason shall be the conclusive evidence of that fact for the purpose of this sub-clause.

  8. The Consignor guarantees to the Carrier the accuracy of the particulars which are inserted on the consignment note and he shall indemnify the Carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The Consignor shall fully and adequately describe the goods, their nature, weight and dimensions and comply with all applicable laws and regulations (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation regulations and the International Maritime Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the goods and that, given their nature, the Goods are packed in a proper way to withstand the ordinary risks of the service. Where the Consignor has declared the weight or dimensions of the goods and the Carrier has relied upon such declared weight and dimensions in making its arrangements for transport and where actual weight or dimensions of the goods differs from the declared weight or dimensions then in every such case the Consignor shall be responsible for all extra costs and risks incurred by the Carrier resulting from his reliance as aforesaid upon the declared weight and dimensions.

  9. 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 highway, port, harbour, dock, railway, shipping, airways, or any other Public Authority or Government Department or Officer and any additional expenses or charges arising by reason of such terms and conditions or requirements shall be paid by the Consignor.

  10. Unless otherwise expressed or agreed in writing no responsibility will be accepted by the Carrier for any loss of or damage to or mis-delivery or non-delivery of goods, parcels, packages, freights, cases or containers or the contents thereof either in transit or in storage for any reason whatsoever. Please note that, in any contract for the carriage and storage of goods, damage can occur despite due care being taken. If this happens, we will not be liable to you. We therefore strongly recommend that you obtain insurance before consignment.

  11. The Carrier shall not be under any liability for consequential loss or damage sustained by the Consignor or any other person arising from the late delivery or mis-delivery of the goods however caused.

  12. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods the Carrier in addition to acting for himself is acting as agent of any trustee for each of his servants and also any other person or company with whom the Carrier may arrange for the Carrier of the goods and the servants of such person of company so that his servants and such person or company and his or its servants are parties to this contract so far as the said clause or clauses containing exclusion or limitations of liability are concerned and if insofar as may be necessary to give effect to this clauses the Carrier shall hold the benefit of these conditions for his servants and for any such person or company and his or its servants.

  13. Any concern in relation to deliver, outturn of goods or level (standard) of service should be reported back to the carrier within 24 hours of receipt of goods.

  14. It is specially agreed that all the rights, immunities and limitations of liability granted to the Carrier by the provisions set forth in the above conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contract or of any condition thereof by the Carrier.

  15. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Consignor.

  16. The Carrier may and is hereby authorised by the Consignor to carry all goods or to have them carried by any method which the Carrier in his absolute discretion deems fit and notwithstanding any instructions verbal or otherwise of the Consignor that the goods are to be carried by another method.

  17. The provisions of these conditions of carriage shall apply to the container or containers or other packaging containing the goods and to any pallet or pallets delivered with the goods to the Carrier. The Consignor shall be responsible for the conformity of such containers packaging and pallets with any requirements of the Consignee and for any expense incurred by the Carrier arising from any failure so to conform. All pallets whether hired or owned are regarded as an integral part of the consignment and will not be exchanged or transferred on to any account the Carrier may have with a pallet hirer.

  18. These conditions shall be governed and constructed in accordance with the laws of the State of New South Wales and any proceedings against the Carrier shall be brought in the State and not elsewhere within twelve (12) months from date of contract.

  19. In respect of contracts made in Queensland these conditions shall be read subject to the carriage of goods by Land (Carrier’s liability) Act, 1967 of that State but except where repugnant to the provisions of that Act, shall continue to apply.

  20. Not withstanding anything herein contained the Carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion, restriction or modification of that warranty.

Issued 01/11/2009