Consignment Notes

1 . Customers are responsible for providing own consignments notes and ensuring consignment is clear and accurately described .

Warranties

2.1.  The Customer warrants that:

             2.1.1. it has complied with all applicable laws and regulations relating to the nature,

             condition, packaging or carriage of the goods (including the Australian Code for the

             Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations about the                                       

             notification, classification, description, labelling, transport and packaging of the goods and that,

             given their nature, the goods are packaged in a manner, having regard to their nature, adequate

             to withstand the ordinary risks of carriage;

              2.1.2. the goods are accurately described on the consignment note or in the Carrier’s

              electronic gateway;

              2.1.3. it is either the owner of the goods and/or the authorized agent of the person(s) owning

              or having any interest in the goods and it enters into this contract on its own behalf

              and/or as authorized agent of that person or persons;

              2.1.4. it is authorized by the person(s) owning or having any interest in the goods that those

              goods will be handled on an “authority to leave” basis, unless otherwise agreed by the

              Carrier;

2.2. The Customer hereby indemnifies the Carrier against any expenses, charges or losses

sustained by the Carrier in complying with the requirements of any law or otherwise incurred as

a result of a breach of the warranties in clause 2.1 including but not limited to any claims by any third party.

The Carrier shall comply with all statutory obligations that apply to the provision of

the Services including but not limited to occupational health and safety laws, public health

orders and any applicable road transport laws.

2.3. The Customer acknowledges that in the event of non-compliance with clause 2.1 that the Carrier reserves the right

not to carry any non-compliant goods.

Performance of Services

3.1. The method(s) of undertaking the Services shall be at the sole discretion of the Carrier and the

Customer hereby authorizes the Carrier to adopt any method(s) other than any method which

may have been instructed or agreed.

3.2. The Customer authorizes any deviation from the usual route of carriage.

Delivery

4.1. The Carrier shall use reasonable endeavors to deliver the goods as specified by the

Customer . The Carrier shall not be bound to deliver the goods except to the consignee shown

on the consignment note or in the Carrier’s electronic gateway or to such other person(s) as

may be authorized in writing by the Customer to receive the goods or to effect delivery in such

other manner as specified by the Customer including an “authority to leave”(“ATL”).

4.2. If the Carrier is unable to deliver the goods for any reason (including failure on the part of a

receiver to take delivery within a reasonable time) the Carrier shall be entitled to handle and

store the goods at the Customer’s risk and in such manner as it may in its discretion determine

and shall be entitled to make a reasonable charge in respect of such handling and/or storage

and additional charges for each call until the delivery is accomplished.

4.3. All "ATL" goods will be left in a safe space and picture taken .Signature required goods will

be returned to sender for redelivery if a receiver at nominated address is not home .

Re-delivery will incur another delivery charge.

Responsibility for Charges

5.1. The Carrier’s freight, fuel surcharge, insurance and other charges are earned as soon as the

goods are picked up or accepted for storage and the Customer must pay all freight, fuel

surcharge, insurance and other charges, irrespective of whether the goods are delivered or not,

and whether damaged or not, based on the tax invoice issued by the Carrier and in accordance

with the trading terms agreed with the Carrier. The Customer shall pay to the Carrier all sums

for the Services immediately when due without deduction or deferment on account of any

claim, counterclaim or set-off.

5.2. The Customer agrees to pay the Carrier administration, handling and merchant fees in respect

of any processing involved in the conduct of the Customer’s account including but not limited to

account administration fees, merchant or bank charges or other fees incurred as a result of

payment by credit or charge card.

5.3. When the Carrier is instructed to collect freight, fuel, insurance and other charges or other

expenses from any person other than the Customer, the Customer shall remain responsible for

the amounts and shall pay these amounts to the Carrier on demand where these amounts

have become due and have not been paid by such other person.

5.4. On all accounts overdue to the Carrier, the Carrier shall be entitled to charge interest calculated

at 4% above the base rate of the Carrier’s bank calculated from the time such accounts

became overdue. The Customer agrees that it will pay all costs, expenses and charges

incurred by the Carrier due to any breach of the Conditions and all costs, expenses and

charges associated with the recovery of any overdue or other amounts including but not limited

to any mercantile agent’s costs, legal costs and disbursements on an indemnity basis.

Carrier’s Liability

6.1. The goods shall at all times be at the risk of the Customer and the Carrier shall not be liable in

tort (including negligence), contract (including a fundamental breach of contract) or for any act

or omission of the Carrier that is outside the authorized scope of its activities under this

contract, for breach of duty as bailee, for contravention of any statute or breach of statutory

duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or

mis delivery of the goods whatsoever, howsoever caused.

6.2. The exclusion of liability in Clause 6.1 extends to include not only loss of or damage to the

goods themselves, but loss, damage or injury to any person, property or thing damaged arising

from the Carrier providing the Services under this contract and to any indirect or consequential

loss or damage whatsoever arising from such loss, damage or injury or from failure to deliver,

delay in delivery or mis delivery, howsoever caused including but not limited to losses that are

purely financial or economic losses, loss of opportunity, losses in connection with contracts,

agreements or understandings the Customer has with third parties, loss of market and any

other losses whatsoever that do not arise directly from physical damage to or loss of the Goods

and are consequential in nature.

6.3. Notwithstanding any other provision in these Conditions, but subject always to Clause 6.1

and Clause 6.2, if any liability whatsoever, howsoever arising, is found to attach to the Carrier or

any subcontractor, the Carrier’s liability shall be limited in the case of Services supplied under

this contract to the lesser of:

             6.3.1. supplying the Services again

              6.3.2. payment of the cost of supplying the Services again; or

6.4. The Carrier does not exclude or limit the application of any laws, including Schedule 2 of the

Competition and Consumer Act 2010 (Cth), where to do so would contravene those laws or

cause any part of these conditions to be void.

Insurance and Parcel Protect Cover

7.1. The Customer is responsible for insuring the goods.

7.2. Where the Customer has made a booking via a third party agency, all claims must be made to

that third party and not directly to the Carrier.

Notice of Loss and Time Bar

8.1. Any claim for loss or damage to the goods or relating to the provision of the Services under this

contract must be notified in writing to the Carrier within fourteen (14) days of delivery of the

goods or the date by which the goods should have been delivered, whichever is the earlier.

Should the Carrier not receive any such notice in writing the Carrier shall be forever discharged

from any and all liability to any person (including the Customer) in respect of the goods and or

the Services. In any event, the Carrier shall be discharged from any and all liability whatsoever

unless suit is brought within six (6) months of the provision of the Services, delivery of the

goods or when the Services should have been provided or when the goods should have been

delivered, whichever is the earlier.

Failure to pay invoice

9.1. If, on demand, the Customer fails to pay charges due to the Carrier in respect of any Services

rendered by the Carrier, the Carrier will pass on the debt to debt collectors.

Dangerous Goods and Unacceptable Goods

10.1. The Customer or the authorized agent shall not tender for carriage any goods are or may be

explosive, flammable or otherwise dangerous or damaging goods without presenting a full

description of those goods and in default of so doing shall be liable for all loss and damage

caused thereby.

10.2. The Carrier may at any time cause any dangerous goods or any goods which the Carrier

believes are liable or may be liable to become dangerous goods to be destroyed, disposed of,

abandoned or rendered harmless by the Carrier without compensation to the Customer and

without prejudicing the Carrier’s right to any charges payable by the Customer to the Carrier.

10.3. The Carrier will not carry arms , ammunition or any illegal paraphernalia .

10.4. Carrier will not accept any high value goods such as processed tobacco or tobacco products,

, bullion, coins, precious stones, precious metals, jewelry, valuables, cash, antiques,

mirrors and artwork, personal effects such as clothing, toiletries or electronic devices, vital documents

such as tenders, birth certificates or travel papers, livestock or plants and the Carrier will not accept any

liability whatever for any such goods except under special arrangements previously made in

writing.

Subcontractors

11.1. The Carrier is hereby authorized to subcontract the whole or any part of the Services and such

authorization extends to any subcontractor.

11.2. Any clause herein excluding or limiting the liability of the Carrier or providing any right or

exemption from liability to the Carrier shall also be available and shall extend to protect all

subcontractors and every servant or agent of the Carrier and of any subcontractor. The Carrier

is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such

persons and each of them and all such persons and each of them shall to this extent be or be

deemed to be parties to this contract.

11.3. The Customer undertakes that no claim will be made against any servant, subcontractor or

agent of the Carrier which imposes or attempts to impose upon any of them any liability

whatsoever in connection with the goods or Services under this contract. If any such claim

should nevertheless be made, the Customer shall indemnify the Carrier against the

consequences thereof.

Goods and Services Tax

12.1. All service prices are GST inclusive .

Consumers and Small Business Contracts

13.1. In this clause, ’Consumer’ means an individual who acquires the Services wholly or

predominately for personal, domestic or household use or consumption and ‘Small Business

Contract’ means a standard form small business contract as defined in section 23(3) of

Schedule 2 of the Competition and Consumer Act 2010 (Cth).

13.2. If the Customer is a Consumer, or these Conditions qualify as a Small Business Contract:

               13.2.1. Clause 2 is modified so that the Customer is not required to indemnify the Carrier to

               the extent that the loss or damage was directly caused by, or in connection with, a

              grossly negligent, unlawful, or willful act or omission by the Carrier or its employees,

              agents and subcontractors.

              13.2.2. Clauses 6.1 is modified so that the Carrier's liability is not excluded to the extent that

              the loss or damage was directly caused by or in connection with a grossly negligent,

              unlawful, or willful act or omission by the Carrier or its employees, agents and

              subcontractors.

             13.2.3. Clause 6.2 is modified to the extent that the Carrier will not be liable for any

              consequential or indirect loss or damage, unless the Carrier had actual knowledge

               that such loss might be incurred.

             13.2.4. Clause 6.3 is modified so that the Carrier's liability is limited to the lesser of the actual

              loss suffered by the Customer or the value of the Goods at the time the Goods were by the Carrier.

              13.2.6. Clause 11.3 is modified, so that the Customer:

                             a ) may make a claim against or impose liability upon any subcontractor; and

                              b) is not required to indemnify the Carrier from and against any loss, to the

                               extent that the claim, liability or loss was directly caused by, or in connection with, a grossly

                               negligent, unlawful, or willful act or omission by the subcontractor.

              13.2.7. without limitation to any other clause in these   Conditions, the Carrier will be 

               discharged from liability in relation to any claim:

                                a) where the loss to the Customer results from the act of a subcontractor; and

                                                i. the Carrier's right to make a claim against that subcontractor is subject to

                                                   time limitations; and

                                                 ii. the Customer does not make its claim against the Carrier within a period

                                                  reasonably sufficient to allow the Carrier to make a corresponding claim against the

                                                  subcontractor within any applicable time limitation period, or

                                b) in all other cases, where the Customer does not make its claim within 1 year from the

                                    earlier of the delivery of the Goods, if the Goods are not delivered, the date the Goods

                                    should have been delivered or where the claim does not relate to loss or damage to

                                    Goods, the time of the event giving rise to the claim.

Law and Jurisdiction

14.1. These Conditions shall be governed and construed in accordance with the laws of

Queensland and the parties submit to the non-exclusive jurisdiction of the

Courts of Queensland.

Privacy

15.1. The Carrier will not collect or keep customer information .

Severability

16.1. If any provision of these Conditions is void, voidable by a party, unenforceable, invalid

or illegal and would not be so if a word or words were omitted, then that word or those

words are severed and if this cannot be done, the entire provision is to be severed

from these Conditions without affecting the validity or enforceability of the remaining

provisions of the Terms.