DUNDULLIMAL HOLDINGS PTY LTD (ABN 70 010 481 884) trading as WESTERN PARCEL EXPRESS
TERMS & CONDITIONS OF CONTRACT effective from 1st July 2000
In these Terms and Conditions
“Carrier” shall mean the Company the name of which is printed on the face of any contract incorporating these Terms and Conditions of Contract
“Carriage” shall mean and include the whole of the operation and services undertaken by the Carrier in respect of the Goods.
“Goods” shall mean cargo accepted from the consignor together with container packaging or pallet(s) supplied by or on behalf of the consignor.
“Subcontractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part thereof.
The Carrier is not a common Carrier and will except no liability. The Carrier reserves the right to refuse the Carriage or transport of goods from any person, corporation, or company or the Carriage or transport of any class of goods at its discretion. The Carriage or transport of all goods and the storage and other services performed by the Carrier is done so only subject to these Terms and Conditions of Contract.
The consignor warrants that it has complied with all laws and regulations relating to the nature, condition, packaging, labelling or carriage of the goods and the goods are packed in a manor adequate to withstand the ordinary risks of Carriage having regard to their nature and hereby indemnifies the Carrier for all liability whatsoever as a result of or arising out of the consignor’s failure to comply with each of these warranties.
The consignor shall not tender for carriage any volatile spirits or explosive goods or goods which are or may become dangerous, inflammable or offensive including radioactive materials which are or may become liable to damage or injure any property or person without presenting a full description disclosing the nature of such goods in writing to the Carrier and in any event the consignor shall be liable for all loss, damage or injury caused thereby and if in the opinion of the Carrier the goods are or are the liable to become dangerous, inflammable, explosive, volatile, offensive or of a damaging nature the same may at any time be destroyed disposed of or abandoned or rendered harmless by the Carrier without compensation to the consignor and without prejudicing the Carrier’s right to any charges hereunder.
The person delivering the goods to the Carrier for Carriage or forwarding warrants that he is authorised to sign the consignment note for the consignor and the consignor warrants that in agreeing to the terms hereof he has the authority of the persons owning or having an interest in the goods or any part thereof and the consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the goods to any person (other than the consignor) who claims to have or has or may have hereafter any interest in the goods or any part thereof.
The goods are accepted for Carriage at the risk of the consignor and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or misdelivery, delay in delivery, concealed damage, deterioration, contamination, evaporation or non-delivery of goods held in its care, custody or control or any consequential loss arising therefrom howsoever caused. The provisions of these Terms and Conditions of Contract shall apply to the container or containers or other packaging containing the goods and the 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 shall be liable for any expense incurred by the Carrier arising from any failures so to conform.
In the event of this contract of Carriage including any handling, installation, removal, assembly or erection any any kind whatsoever the same is undertaken on the strict basis that the Carrier accepts no liability for any loss, damage or injury of any kind whatsoever, however arising or incurred or occurring during any part of the Carriage. This disclaimer extends to include not only loss of or damage to itemised equipment itself but loss, damage, injury, to any person, property or thing damaged during the Carriage and to include any loss consequently or otherwise arising from any loss, damage or injury aforesaid.
The Carrier’s charges shall be considered fully earned as soon as the goods are loaded and despatched from the consignor’s premises and shall be payable whether the goods are delivered to the consignee or not and whether damaged or otherwise and shall in all circumstances be absolutely non-refundable.
When goods are tendered by any person with instructions for the Carrier to collect any freight charges from the Receiver, the Carrier shall not be bound by such instructions notwithstanding that the Carrier may accept the goods as tendered and perform other services of Carriage, forwarding or storage in relation to those goods and in the event that the consignee does not pay the said charges within seven (7) days of demand from the Carrier. The Carrier may charge freight by weight, measurement or value and may at any time reweigh, revalue or remeasure or require the goods to be reweighed, devalued or remeasured and charge proportional additional freight accordingly.
These conditions shall be governed and construed in accordance with the laws of New South Wales. Any proceedings against the Carrier shall be brought in that state and not elsewhere within 6 months from the date of contract.
Notice of any claim for damage to or loss of the goods or any part thereof must be lodged in writing at an office of the Carrier within seven (7) days after delivery was effected or would in the ordinary course of business have been effected.
The consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. An additional charge may be made by the Carrier in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than the default of the Carrier in the event that the Consigner of the goods is not in attendance at the address given in normal hours when delivery is attempted. Labour to load or unload goods shall be the responsibility and expense of the consignor or Consignee.
The Carrier will deliver goods at intermediate points only by special arrangement and then provided facilities are available at all hours.
The consignor hereby authorises the Carrier to handle or to store or to carry or to have the goods carried by any means at the Carrier’s absolute discretion.
The consignor herby authorises any deviation from the usual route or manner of Carriage of goods which may in the absolute discretion of the Carrier be deemed desirable or necessary in the circumstances.
The Carrier and any sub-contractor shall be entitled to sub-contract on any terms the whole or any part of the Carriage.
The consignor undertakes that no claim or allegation shall be made whether by the consignor or any person who is or may hereafter be interested in the goods against any person (other than the Carrier) by whom (whether as sub-contractor, principal, employer, servant, agent or otherwise) the Carriage or any part thereof is performed or undertaken which imposes or attempts to impose upon any such person any liability whatsoever in connection with the goods whether or not arising out of negligence on the part of such person and if such claim or allegation should never the less be made to indemnify the Carrier and or the person against whom such claim or allegation is made against the consequences thereof. Without prejudice to the foregoing 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 and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of the Carriage of the goods the Carrier, in addition to acting for himself, is acting as agent of and trustee for each of his servants and also any other person or Company with which the Carrier may arrange for the Carriage of the goods and the servants of such person or 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 exclusions or limitations of liability are concerned and in so for as may be necessary to give effect to this clause the Carrier shall hold the benefit of there conditions for his servants and for any such persons or Company and his or its servants.
All the rights, immunities and limitations of liability in the terms and conditions of contract shall continue to have full force and effect in all circumstances and notwithstanding any breach of contract or of any conditions hereof by the Carrier.
It is hereby agreed that if any provision or part of any provision of the contract is unenforceable such unenforceability shall not affect any other part of such provision or any other provision hereof.
The Carrier shall have a lien on the goods and any documents relating thereto and on any other goods of the consignor in the possession of the Carrier or any documents relating thereto for all sums payable by the consignor to the Carrier and for that purpose shall have the right to sell any such goods by public auction or private treaty without notice to the consignor.
The Carrier is authorised to deliver the goods at the address nominated to the Carrier by the consignor 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 at that address he obtains from any person a receipt or signed delivery document for the goods. If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected by the Carrier the Carrier may its option deposit the goods at the place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and the consignor shall pay or indemnity 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 redeliver them to the consignor from the place of storage at the consignor’s expense.
The consignor authorises the Carrier ( if the Carrier shall think fit so to do) to contract either in the Carrier’s names as principal or as agent for the Carriage of goods or for the leasing or using any container in which the goods may be placed or packed and to give any receipt for the goods or any container whether subject to any terms and conditions or not and any such contract will be made upon the terms and subject to the conditions of any Bill of Landing, or other forms or terms of contract of Carriage whether by sea, rail, road or air or of any lease arrangement and handover agreement, receipt or any other document as the case may be and entirely at the expense of the consignor.
Notwithstanding anything contained in these Terms and Conditions of Contract shall be subject to any implied terms, conditions or warranties imposed by the Trade Practices Act. 1974 or any other Australian or State legislation in so far as such may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty.
The Carrier’s charges do not include a fee for insurance and the Carrier will not arrange insurance unless requested by the consignor by either.
A standing request submitted to the Carrier in writing for automatic insurance cover on all consignments or
A specific request for insurance on an individual consignment by indicating the full value and class of insurance required on the face of the consignment not. Any specific request for insurance cover will totally override any standing automatic insurance arrangements.
When insurance cover has been arranged by the Carrier and the consignor has signed an unqualified receipt, transit damage must be notified within forty – eight (48) hours of delivery or any such claims will not be recognised. All claims for non – delivery must be notified to the Carrier within fourteen (14) days of the consignment note date or any such claims will not be recognised.
When insurance cover has been arranged and the goods are not adequately packed or damage is assessed as being inconsistent with transit damage, no insurance claim will be recognised. Claims will be processed only after payment in full of all relevant freight and insurance charges.
The insured value for any consignment may not exceed the cost price of new goods or the current replacement cost of goods which are not new. Cost price is the price paid by the insured party. Goods and Services Tax levied on the insured party and freight charges relating to the insured consignment may not be included in the insured value. Proof of value must be furnished in the event of a claim and claims are subject to average if goods are under insured.
All prices quoted by the Carrier exclude Goods and Services Tax unless otherwise stated.