Conditions of Cartage

We need to bring to your attention, our terms and conditions of cartage and storage. It is of the utmost importance that all our clients full understand the prevailing factors involved in H Brightwell & Sons Pty Ltd transporting and storing their goods and the associated insurance risks that can be exposed. Please call us on (02) 9519 8847 for further information.

1. In these Conditions of Cartage, unless the context otherwise requires, the expression- “the Carrier” shall mean H Brightwell & Sons Pty Ltd ACN 000 064 148 ABN 13 000 064 148, its servants, employees, agents and sub-contractors. “Sub-contractor” shall mean and include- (a) any corporation which, pursuant to Section 6 of the Companies Act of 1961 of the State of New South Wales, is deemed for the purpose of the said Act, to be related to the Carrier. (b) any other person, public authority, government authority firm or body (corporate or otherwise) who of which operates railways. (c) any other person, public authority, government authority firm or body (corporate or otherwise) with whom or with which the Carrier may make arrangements to which these conditions may relate. and any other person, public authority, governmental authority firm or body (corporate or otherwise) who or which (as the case may be) is now or hereafter a servant, employee, agent or contractor of any of the persons, authorities or bodies referred to in paragraph (a), (b) or (c) above “person” shall include public authority, governmental authority, partnership or firm or body (corporate or otherwise). “The goods” shall mean and include any goods described in the consignment note or quotation (as the case may be) and or goods substituted. Therefore, any of them which the carrier agrees to carry and/or any additional quotation (as the case may be) or carried pursuant to any request made by, or on behalf of, the Consignor to the Carrier or to any servant or agent of the Carrier. “the Consignor” shall mean and include the consignor, his servant, employees and agents.

2. THE CARRIER IS NOT A COMMON CARRIER and will accept no liability as such. The carrier reserves the right to refuse the cartage, transport, storage or custody of any goods or any class of goods for any person, at its discretion, without giving any reason for so doing. All goods are carried or transported and all storage or custody or other services are performed by the Carrier subject only to these Conditions.

3. The Consignor shall not tender carriage, transport, storage or custody, any explosive, inflammable or otherwise dangerous, damaging, damaged or insufficiently or improperly packed goods without giving to the Carrier a full written description of these goods, their condition or state of their packaging and, in default of so doing the consignor shall be liable for all loss or damage caused thereby.

4. (a) The Consignor authorises the Carrier (if the Carrier should deem it fit to do so) to arrange with any contractor for the cartage, transport, storage or custody of the goods and for any services ancillary thereto. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the goods concerned to the sub-contractor, where upon the sub contractor shall be entitled to the full benefit of these Conditions in the same extent as the Carrier. In so far it may be necessary to ensure that such sub-contractor shall be so entitled, the Carrier shall be deemed to contract with the Consignor for its own benefit and also as trustee for the sub-contractor in respect of all matters mentioned in these Conditions. (b) The Consignor warrants that it has complied with all laws and regulations relating to the nature, packaging, labeling or carriage of the goods and that the goods are packed in a manner adequate to withstand the ordinary risks of the carriage having regard to their nature and hereby indemnifies the carrier for any liability whatsoever as a result of or arising out of the consignor’s failure to comply with each of these warranties.

5. The goods are carried subject and liable in every respect to the Bills of Lading and airway bills issued by and or conditions or terms imposed or required by any vessel or aircraft operators, any railway, port, or harbour authority or any carrier who is otherwise instructed in writing by the consignor.

6. Notwithstanding that the Consignor instructs the Carrier to use a particular method of cartage whether by road, rail, sea or air, if in the opinion, of the Carrier such method cannot be conveniently adopted by the Carrier to carry or have carried some of all of the goods by any other method or methods of carriage selected by the Carrier.

7. (a) The goods are and at all times shall be at the risk of the Consignor and the owner thereof and the carrier shall be under no liability whatsoever in respect of the goods or any part thereof to the Consignor or to the owner or to any other person. (b) Without restricting the generality of subclause (a) the Carrier shall not be liable in tort or in contract or otherwise howsoever for:- (i) any loss or non-delivery or misdelivery of the goods or any part thereof or incorrect description of the goods or any part thereof or (ii) any damage or injury to or any delay in the delivery to the goods or any part thereof, or (iii) any damage directly or indirectly caused by or which may arise out of any such loss non-delivery, misdelivery, incorrect description, damage, injury or delay, or (iv) Any damage including deterioration of chilled frozen, refrigerated or perishable goods. (c) the provision of sub-clause (b) shall apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, mis-delivery, non-delivery, damage or injury or delay may have occurred and notwithstanding that the same may have been due to or occasioned by or may have arisen as a result of or as incidental to any negligence or any wilful act or omission of any misconduct on the part of the Carrier or any of its servants or agents and notwithstanding that the cause of such loss and or any such delay, non-delivery or mis-delivery or incorrect description of the goods of any such delay may not be known to the Carrier. (d) The description of the goods, the quantity and the value thereof shown in the consignment note or quotation relating to the goods (as the case may be) were represented to the Carrier by the Consignor and the Carrier does not admit to the accuracy thereof and shall require in case of any claim, proof thereof. The consignor or other party who may claim against the Carrier, shall remain the relevant evidence thereof.

8. The Consignor authorises the Carrier to deliver the goods at the address given to the Carrier by the Consignor for the purpose. The Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or signed delivery docket for the goods.

9. The person delivering the goods to the Carrier shall be deemed to be authorised to sign on behalf of the, Consignor this consignment note or any document incorporating these Conditions. The consignor expressly undertakes with the Carrier that the Consignor is either the owner or has the authority of the owner of the goods to enter into this contract and the Consignor accepts these Conditions of Cartage as trustee for the Consignee as well as for all other persons on whose behalf the company is acting.

10. If on demand any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier may detain and sell all or any part of the goods which are in its possession and out of the moneys arising from the sale, retain the charges to payable and all charges and expenses relating or incidental to the detention and sale and shall render the surplus, if any of all the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due or payable in respect of such service or the said detention of sale.

11. Insurance cover is available; however it will not be arranged by the carrier except with express instructions in writing from the consignor and then only as agent and at the expense of the consignor. Such written instructions must be received prior to the carrier collecting the goods and in a form required by the carrier. The consignor is entitled to arrange insurance with an insurer of the consignor’s choice.

12. The Carrier’s charges for the cartage shall be paid by the Consignor without prejudice to the Carrier’s rights against the Consignee or any other persons provided that which is stated on the consignment note or the quotation or docket that charges are payable by the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.

13. Freight shall be considered earned as soon as the goods are loaded and dispatched and whether the goods are delivered to the Consignee or not and whether damaged or otherwise. Under no circumstances will any payment for freight be refused.

14. The Consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and at the expense of the Consignor or Consignee (as the case may be).

15. Unless otherwise directed by notice in writing, the Carrier is authorised by the Consignor to collect payment of “C.O.D.” goods in legal tender or cheques and to give receipts on behalf of the Consignor.

16. Unless otherwise agreed in writing, all future contracts for carriage of goods to be made between the Consignor and the Carrier shall be subject to these conditions.

17. These conditions and any contract incorporating the same made by the Carrier shall be governed by and constructed in accordance with the law of the State of New South Wales wheresoever the contract it made or is so deemed to be made, and any action or other legal process in respect of any matter or thing against the Carrier be instituted and carried on only in the appropriate Court of the State of New South Wales.

18. The provision of these Conditions of Cartage 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.

19. The Carrier shall not be bound by any Agreement purporting to vary these conditions unless such Agreement is in writing and is signed on behalf of the Carrier by a Director or the Secretary, H Brightwell & Sons Pty Ltd.

20. Notwithstanding the provisions hereof they shall be read subject to any implied Terms, Conditions of Warranties imposed by the Trade Practices Act 1974 (CMTH) or any other Commonwealth or State Legislation insofar as such may be applicable and prevent either expressly or impliedly the exclusion or modification of any such Term Condition or Warranty.

21. To the extent that services performed by the carrier are taxable supply under the GST Act, the carrier’s charges shall be adjusted to fully account for the GST liability arising in respect to those charges.

PALLETS

Pallets will be treated as an integral part of goods tendered for transportation and/or storage. However, when pallets are requested to be exchanged this can be effected only by specific instructions from the Consignor, but should the pallets not be returned or exchanged within 7 days to the Carrier, its agents, and/or servants, then the Carrier has the right to charge the Consignor. A 70c per pallet per week hire charges until pallets are returned or $20-$25.00 per pallet and on receipt of monies only to be effected by specific written instructions from the Senior Management of the Company its agents and/or servants.

QUOTATIONS

Quotations which cover only those services specifically stated on the face thereof remain available for acceptance for 28 days from the date shown thereon.

EXCEPTING

1. The Carrier reserves the right to adjust rates before or after acceptance of the quotation to meet any adjustments in charges imposed by an instrumentality outside the control of the Carrier.

2. Where out of gauge or overweight lifts are involved, the quotation on the face thereof is subject to the issuance of the necessary permit and condition by the relevant authority. The cost of any such permit and of compliance with such conditions shall be additional to the amount quoted unless otherwise specifically stated.