Standard Terms & Conditions of Contract/Cartage
1. All goods carried or other services performed by the Carrier (Salrid Pty Ltd t/a Holiday Couriers) are subject to these conditions of cartage, which replace all previous conditions of cartage and override any of the Sender’s terms and conditions of cartage.
2. The Carrier:
a) is entitled to sub-contract on any terms, the whole or any part of the cartage and any reference to the Carrier in these conditions include its servants, agents and sub-contractors.
“Sub-contractor” means and includes any person pursuant to a contract or arrangement (written or verbal) with any person (whether or not the Carrier) performs or agrees to perform the Carriage or any part thereof.
b) is not a common Carrier and will accept no liability as such. It reserves the right to accept or refuse the cartage of any goods at its discretion.
3. The Sender warrants that the person who has signed the transport contract is authorized to do so and to agree to its terms. The Sender also authorizes the Carrier to make any deviation from the usual route or manner of Carriage, which may in absolute discretion of the Carrier be deemed desirable or necessary in the circumstances.
4. The Sender warrants that, unless specified on the transport contract/agreement/ consignment note, the goods contained on the consignment are not dangerous/ illegal.
"Dangerous Goods" means any goods deemed dangerous in terms of International Air Travel Association Regulations ("IATA Regulations") including but not limited to Goods that are or may become dangerous, inflammable, explosive, volatile, illegal or offensive (including radioactive materials) or Goods that are or may become liable to damage or injure any property or person.
Where they are specified as dangerous, the Sender warrants that they are properly described, packed and clearly labeled and can be transported safely according to the Australian Code for the Transport of Dangerous Goods by Road and Rail.
The Sender warrants that there are no Excluded Goods.
"Excluded Goods" means Dangerous Goods and each of the following items: currency; negotiable instruments; jewellery; gemstones; antiques; works of art; securities; drugs; weapons; living animals or plants, cigarettes, tobacco and tobacco products; and any valuable documents.
5. Goods are subject to security inspections, which may include the use of x-ray equipment.
Whether or not you have told us that any goods are dangerous you agree that if we, or if any of the persons referred to in clause 2 (a) consider on reasonable grounds that the goods may cause injury or damage we or any of them can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable to you for any loss or damage you may incur by reason of our actions under this clause. You will bear all risk of loss of or damage to, or arising in connection with, dangerous goods.
The Sender warrants that the Goods have been packed in a manner that is adequate to withstand the ordinary risks of Carriage, having regard to the nature of the Goods.
The Sender authorizes the Carrier to open, inspect and take any action we consider necessary in relation to goods if we need to verify the condition or nature of the goods, their ownership or their destination or if we consider the goods may be unlawful or dangerous.
6. Freight Charges will be determined by the Carrier by reference to the Carrier's current rate schedule and may be subjected to clause 12 & 24 of this contract including any additional charges for other services performed by the Carrier or its authorized agents or sub-contractors.
Freight charges may be determined by the Carrier based on distance, time taken to deliver the goods, weight and/or cubic size, value of goods, urgency of pick up and delivery deadlines.
Insurance will NOT be arranged by the Carrier. It is the responsibility of the Sender to ensure that adequate insurance cover is arranged.
7. The Sender authorizes the Carrier to deliver the goods at the receiver’s address appearing on the transport contract/agreement/consignment note. The Carrier will be deemed to have
delivered the goods in accordance with the contract note if the Carrier obtains a receipt or signed delivery docket from any person present at the receiver’s address. This may include electronic proof of delivery and such proof shall be binding on the Sender or any other persona liable to pay freight charges.
If the delivery address is unattended or if delivery cannot otherwise be effected to any person at the delivery address, the Carrier may at its option deposit the goods at that place (which shall be deemed to be delivery in accordance with this contact) or store the goods and if 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 Carrier stores the goods, the Carrier shall be at liberty to redeliver them to the Sender from the place of storage at the Sender’s expense.
8. We will not in any circumstances deliver goods to a post office box.
9. The Sender will pay the Carrier charges in all circumstances including where the receiver fails to pay any charges. No payment will be refunded other than as required by statute. The Sender agrees that if it does not pay the Carrier after the Carrier has demanded payment, the Carrier may detain and sell all or any goods dispatched by the Sender in its possession and retain its unpaid charges and sale expenses from any money raised from the sale. The Carrier will pay any surplus and will return any unsold goods to the Sender. The Sender warrants that the Sender has the right to sell any such goods.
10. If the Customer fails to pay the Freight Charges to the Carrier within seven (7) days from the date of invoice issued by the Carrier to the Customer, then the Carrier reserves the right to charge penalty interest on the unpaid Freight Charges at the rate of 15% per annum.
11. If any of the Goods are subject to any duties, excises and costs charged by any Governmental, non-Governmental or administrative authority which the Carrier becomes liable to pay in respect of the Goods, then the Customer must reimburse the Carrier upon demand by the Carrier for any such duties, excises and costs paid by the Carrier.
12. The Carrier will charge an additional charge of $5 per 10 minute block to the Customer for the cost of any labor charges incurred by the Carrier as a result of any delay (where such delay has occurred other than from the fault of the Carrier) in excess of ten (10) minutes in loading or unloading the Goods or in the event that the Receiver is not in attendance at the Delivery Address when delivery is attempted.
13. The Carrier shall not be bound by any instructions by the Customer to collect any Freight Charges from any other party (the "Third Party"), notwithstanding that the Carrier may accept the Goods as tendered for Carriage. In the event that the Third Party does not pay the Freight Charges to the Carrier within seven (7) days from the date of invoice issued by the Carrier to the Third Party, then the Customer must pay to the Carrier the Freight Charges as specified in the original invoice issued to the Third Party, within seven (7) days after an invoice has been issued by the Carrier to the Customer.
14. Despite anything else in this contract, the Carrier shall not be liable to the Sender for any loss or damage caused as a result of an act of God, war, riot, insurrection, vandalism, accident, sabotage, strike, lockout, ban or other industrial dispute or disturbance, any law, rule or regulation of any government or governmental agency and executive, administrative order or act of general or particular application, which is unforeseen and beyond the control of the Carrier and occurs without the fault or negligence of the Carrier.
15. All goods are carried, subject to the terms of any bill of loading issued by and/or conditions imposed by any steamship company, railway, port or harbour authority of other Carriers of the goods that are freighted at ordinary rate unless otherwise agreed in writing.
16. The Carrier gives no warranty in relation to the Carriage.
17. The Customer acknowledges that they have not relied upon any representation or warranty made by or on behalf of the Carrier in relation to the Carriage.
18. The Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into this contract for the benefit of the Sender. To the extent permitted by law:
(i) Such conditions and warranties are expressly excluded; and
(ii) The liability of the Carrier, if any, arising from the breach of such conditions and warranties is limited to the re-supply of the Carriage.
19. The Sender or receiver must lodge a written claim for damage to or loss of goods at the Carrier’s Head Office within forty-eight (48) hours after delivery was made. If no written claim is lodged within this period, the goods will be conclusively deemed to have been delivered undamaged and no claim for loss or damage will be allowed other than as required by statute.
20. These conditions shall be governed and construed in accordance with the laws of Victoria. Any proceedings against the Carrier must be brought in the State of Victoria and not elsewhere, within six (6) months from the date of delivery of Goods to the Receiver.
No proceedings can be commenced against the Carrier unless notice of the substance of the claim has previously been lodged in writing with the Carrier within 48 hours after the Goods have been delivered or were due to be delivered to the Delivery Address.
20. To assess credit worthiness for the collection of payments from the Sender, the Sender hereby irrevocably authorizes the Carrier, its servants and agents to make such enquiries as it in its absolute discretion deems necessary, including, but not limited to making enquiries by obtaining reports (as may be allowed by law) from persons nominated by the Sender as trade referees, the Sender's creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies ("Information Sources").
The Sender agrees and consents to:
(a) the Information Sources providing to the Carrier such information as is requested by the Carrier and permitted to be given by law for the aforesaid purposes; and
(b) the Carrier disclosing the contents of any credit report or personal information to a credit reporting agency for the purposes of the credit agency creating or adding to any credit information file in relation to the Sender.
22. The Sender agrees that all rights, immunities and limitations of liability granted to the Carrier by these conditions of cartage will continue to have their full force and effect in all circumstance and not withstanding any breach of the contract or any conditions by the Carrier.
23. The Carrier reserves the right to amend these Terms and Conditions of contract from time to time, without prior notice to the Customer.
24. The Sender expressly agrees that it will not:
(a) hire any of the Carrier's drivers; or
(b) let, solicit, interfere with or endeavour to entice such drivers from the Carrier either whilst the drivers are engaged by the Carrier or within 3 months of the termination of their engagement by the Carrier.
The Sender further agrees with the Carrier that in the event that this clause is breached by the Sender that the sum of $5000 represents fair and reasonable compensation to the Carrier for the Carrier's loss and damage sustained as a result of that breach.
25. The quotation/agreement/rate schedule does not include Tolls, GST, Fuel surcharges or other charges, which may be applied.
We will endeavour to help you in anyway we can. Please contact our Sales Representatives for any additional services/queries you may have on 1300 657 894.
Holiday Couriers respects and acknowledges your privacy.
We will not share your information (unless required by law) nor sell it at any price.
Please contact us on 1300 657 894 to obtain a copy of Holiday Couriers' privacy statement.
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