Terms & Conditions of Cartage & Storage

Definitions

"Contractor” means Maxwell Transport Group Pty Ltd (ACN 091 391 623 ),  as the case dictates and their respective servants, employees, agents and sub-contractors.
"Carriage" means the whole of operations and Services set out in the Conditions and undertaken by the Contractor in respect of the Goods.
"Conditions" means these terms and conditions part of which relates to Conditions of Cartage and part of which relates to Conditions of Storage.
“Consignor” means the party named as the consignor on this Contract and the Consignor's servant, employees and agents.
"Container" includes any container trailer transportable tank, flat or pallet or any similar article used to consolidate goods.
"Contract" means this contract for the cartage of Goods or the storage of Goods as the case may be.
"Freight and Charges" means freight and all expenses and money obligations incurred and payable by the Consignor in respect of the Goods.
“Goods” means any goods described in any consignment note or quotation accepted by the Contractor from the Consignor for cartage or storage (as the case may be) and/or any substituted goods and includes any Container not supplied by or on behalf of the Contractor.
"Person" includes any individual, firm, corporation, government authority or any State, Territory or Federal government.
"Services" means the services set out in the Conditions and includes the cartage and storage of Goods.
“Sub-contractor” means:
    (a)any person the Contractor arranges to provide Services for the Goods; or
    (b)any Person who is a servant, agent, employee or Sub-contractor of the Contractor in (a).

Conditions of Cartage

1.The Contractor carries the Goods subject to and liable in every respect to any applicable 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 Contractor who is otherwise instructed in writing by the Consignor.
2.Notwithstanding that the Consignor instructs the Contractor to use a particular method of cartage whether by road, rail, sea or air if, in the sole opinion of the Contractor, such method cannot be conveniently adopted by the Contractor then the Contractor may carry or have carried some or all of the Goods by any other method or methods of Carriage selected by the Contractor.
3.The Contractor undertakes to use such services as are necessary to transport the Goods and will ensure that all carriers are authorised by competent authorities to engage in transportation in Australia.
4.The Consignor authorises the Contractor to deliver the Goods to the address nominated to the Contractor by the Consignor for that purpose. The Contractor shall be taken to have delivered the Goods if, at that address, the Contractor obtains from any person a receipt or signed delivery docket for the Goods. In the event that the Contractor is unable to deliver the Goods due to an incorrect address having been provided by the Consignor or if there is no party prepared to accept delivery at the nominated address or some other factor outside of the control of the Contractor which prevents deliver then the Consignor must pay to the Contractor full compensation for any additional costs, expense or loss that might be incurred by the Contractor.
5.The Consignor is and remains responsible to the Contractor for all the Contractor's proper charges incurred for any reason. A charge may be made by the Contractor in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Contractor. Such permissible delay period shall commence upon the Contractor reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and at the expense of the Consignor unless agreed by the Contractor in writing to the contrary.
6.Unless otherwise directed by notice in writing, the Contractor 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 in respect of any such payments received by the Contractor.
7.Unless otherwise agreed in writing, all future contracts for Carriage of Goods to be made between the Consignor and the Contractor shall be subject to these Conditions.

Conditions of Storage

1.The Consignor authorises the Contractor to arrange with any other entity ("Agent") to undertake the carriage or storage of the Goods the subject of this Contract and, in any such arrangement, the Agent shall be deemed to act as the agent of the Contractor and shall be entitled to the benefits of these conditions to the same extent as the Contractor.
2.The Goods are accepted for storage and held subject to a general lien by the Contractor for all rent and charges due or which may hereafter become due to the Contractor on any account. If a person fails to pay charges due to the Contractor in respect of any service rendered by the Contractor on reasonable demand being made in accordance with this Contract the Contractor may detain and sell all or any of the Goods of that person which are in its possession and out of the monies arising from the sale retain charges so payable and all charges and expenses of the detention and sale and shall render the surplus if any of the monies arising from the sale of and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect the right of the Contractor to recover from the person or persons liable to pay the same any such charge due or payable in respect (of such services or the said detention and sale).
3.Upon notice in writing being given by or on behalf of the Contractor to the Consignor requiring the Consignor to remove any Goods, or any portion of them, the Consignor must within one month from the date of giving such notice pay any rent or charges to which the notice to the Contractor extends and must remove and take away such Goods. Such notice may be given by sending the same through the post to or by leaving the same for the Consignor at the Consignor's last notified place of business. If upon the expiration of one month from the giving of such notice the Consignor has failed to pay such rent or charges, as aforesaid, and to remove the Goods referred to in the notice, the Contractor may remove the Goods and store them in such place and in such manner as the Contractor thinks reasonable and at the risk and expense of the Consignor, in all respects.
4.It is agreed that any entity delivering any Goods to the Contractor for carriage or storage is authorised to sign this consignment for the Consignor.
5.The Consignor expressly warrants with the Contractor that the Consignor is either the owner or the authorised agent of the owner of the Goods agrees to fully indemnify the Contractor against any adverse claim by any other person or persons in respect of the Goods.
6.The Contractor accepts no responsibility for the insurance of the Goods that have been stored and accepts no liability for any destruction or damage to the Goods.

General Conditions for both Carriage and Storage

1.The Contractor is not a common carrier and accepts no liability as such. The Contractor reserves the right to refuse the Carriage, transport, storage or custody of any Goods or any class of goods for any Person 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 Contractor subject only to these Conditions.
2.The Consignor will not require the Contractor to transport, store or take custody of any explosive, inflammable or otherwise dangerous, damaging, damaged or insufficiently or improperly packed Goods without giving to the Contractor a full written description of those Goods, their condition and the state of their packaging and, in default of so doing, the Consignor accepts full liability for all loss or damage caused thereby.
3.The Consignor will be and remains responsible to the Contractor in respect of any delay in loading or unloading occurring other than from the default of the Contractor. Such delay period shall commence upon the Contractor reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Consignor.
4.If the Consignor instructs the Contractor to use a particular method of carriage whether by road, rail, sea or air, the Contractor will give priority to the method designated but if that method cannot conveniently be adopted by the Contractor the Consignor shall be deemed to authorise him to carry or have the Goods carried by another method or methods.
5.Unless otherwise expressly agreed in writing, no responsibility will be accepted by the Contractor for any loss of or damaged to or mis-delivery or non delivery or delay in the delivery of Goods either in transit or in storage for any reason whatsoever and whether or not caused by or arising from Act of God, civil commotion, act of terrorism, burglary, warehouse breaking, larceny, theft, pillage, strikes, fire (however caused) explosion, water, lightning, rain, tempest, earthquake, flooding (whether external or internal), damp, heat, sweat, mould, mildew, decay, deterioration, vermin, rats, mice, insects, leakage, inherent vice in any Goods (whether the Goods or other goods of the same or any other person) breakage, insufficient or inefficient packing.
6.The Contractor does not warrant nor admit the accuracy of the contents, weight, measurements, qualities, quantities, gauges, strengths or values of any Goods or packages stored by the Consignor or provided to the Contractor by the Consignor for cartage.
7.The Consignor authorises the Contractor (at the Contractor's sole discretion) to arrange with any Sub-contractor for the Carriage, transport, storage or custody of the Goods and for any services ancillary thereto. Any such arrangement shall be deemed as accepted by the Consignor upon delivery of the Goods concerned to the Contractor's nominated Sub-contractor. The Consignor agrees that such Sub contractor shall be entitled to the full benefit of these Conditions as if it were the Contractor. The Contractor 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.
8.The Consignor acknowledges and declares that it is fully conversant with, and warrants to the Contractor that it will at all times comply with, all applicable laws and regulations (including, but not limited to, the Australian Code for the Transport of Dangerous Goods by Road and Rail, the Road Transport Reform (Compliance & Enforcement) Bill 2003 as implemented in each State and Territory, the National Transport Commission's compliance and enforcement policies, all applicable Road Transport and Safety Legislation, Dangerous Goods Acts and Regulations and all applicable Occupational Health and Safety legislation and regulations (whether State or Federal) relating to compliance and enforcement, chain of responsibility and the like in respect to the safety, nature, packaging, classification, description, labelling or carriage of goods. The Consignor further warrants to the Contractor that all of the Consignor's Goods will be packed in a manner adequate to withstand the ordinary risks of the carriage having regard to the nature of the Goods. The Consignor fully indemnifies the Contractor for any loss, claim or liability whatsoever suffered by the Contractor as a result of, or arising out of, the Consignor’s failure to comply with any of the warranties provided in this clause.
9.(a)The Goods are, and at all times shall be, at the risk of the Consignor and the owner thereof and the Contractor 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 sub-clause (a)the Contractor shall not be liable in tort or in contract or otherwise howsoever for:
(1)any loss or non-delivery or mis-delivery of the Goods or any part thereof or incorrect description of the Goods or any part thereof; or
(2)any damage or injury to or any delay in the delivery to the Goods or any part thereof; or
(3)any damage directly or indirectly caused by or which may arise out of any such loss non-delivery, mis-delivery, incorrect description, damage, injury or delay; or
(4)any damage including deterioration of chilled frozen, refrigerated or perishable Goods.
(c)The provisions 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 Contractor and notwithstanding that the cause of such loss and or any such delay, non-delivery or mis-delivery or incorrect description of the Goods or any such delay may not be known to the Contractor.
(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) are represented to the Contractor by the Consignor and the Contractor 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 Contractor, shall retain the relevant evidence thereof.
10.The person delivering the Goods to the Contractor shall be deemed to be authorised to sign, on behalf of the Consignor, the consignment note or any document incorporating these Conditions. The Consignor expressly undertakes with the Contractor 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 as trustee for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
11.Freight and Charges shall be considered earned by the Contractor as soon as the Goods are loaded and despatched 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.
12.If on demand the Consignor fails to pay any charges due to the Contractor in respect of any Services rendered by the Contractor, the Contractor may detain and sell all or any part of the Goods which are in the Contractor's possession and, out of the moneys arising from the sale, retain the charges so 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 Consignor. Any such sale shall not prejudice or affect charges due or payable in respect of such Services or the said detention of sale. For the purposes of this clause the Contractor has a lien on the Goods and any documents relating thereto.
13.The provisions of these Conditions 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 Contractor. 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 Contractor arising from any failure so to conform.
14.The Contractor does not provide Insurance cover. It is the Consignor's responsibility to insure the Goods.
15.These Conditions, and any contract incorporating the same made by the Contractor, shall be governed by of the laws of the State of Victoria and any action or other legal process in respect of any matter or thing under these Conditions shall be instituted and carried on only in the appropriate Court of the State of Victoria.
16.The Contractor shall not be bound by any agreement purporting to vary these Conditions unless such agreement is in writing and is signed by a Director or the Secretary of the Contractor.
17.These Conditions they shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (CTH) 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.
18.To the extent that Services performed by the Contractor are taxable supply under the GST Act, the Contractor’s charges shall be adjusted to fully account for the GST liability arising in respect to those charges.
19.Pallets will be treated as an integral part of the 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. Should pallets not be returned or exchanged within 7 days to the Contractor, then the Contractor has the right at its sole discretion to either charge the Consignor an amount per pallet per week hire charges until pallets are returned or a fixed charge of an amount per pallet such charges to be at the rate then charged by the Contractor for pallet hire or for fixed charge

20.Quotations from the Contractor which cover only those Services specifically stated on the face of this document remain available for acceptance for 28 days from the date of such quotation.
21.The Contractor reserves the right to adjust rates before or after acceptance of any quotation to meet any adjustments in charges imposed by an instrumentality outside the control of the Contractor.
22.Where out of gauge or overweight lifts are involved, the quotation on its face 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.
23.The Consignor must pay all Freight and Charges levied by the Contractor within 14 days of receipt of the Contractor's tax invoice. In addition to the Contractor's Freight and Charges, the Contractor may, in its sole discretion, require the Consignor to pay a levy to cover rises in consumable costs that are outside of the control of the Contractor such as, without limitation, fuel, oil, government charges, tolls and the like.  The Consignor shall pay to the Contractor any such levy within 14 days of receipt of the Contractor's tax invoice.