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Terms and Conditions of Cartage

1: De Bruyns Transport Pty Ltd formally known as West Coast Transport Pty Ltd (hereinafter referred to as “ the Carrier “ which expression shall include its servants, employees, agents and sub-contractors and the servants employees and agents of any sub-contractor) is not a common Carrier and will not accept no liability as such. All goods carried or other services performed shall be governed by any subject only to these conditions of contract and the Carrier reserves the right to accept or refuse the carriage of any goods at its discretion.

2: The Carrier may arrange with any other person persons firm or Company to undertake the whole or any part of the carriage of goods hereby contracted for or services ancillary thereto and any such person persons firm or company, their servants agents and employees shall be entitled to the benefit of these conditions to the same extent as the Carrier.

3: The consignor has fully and adequately described the goods on the consignment note. The consignor has compiled with all applicable laws, regulations, orders and codes relating to the notification, description, consigning and packaging or goods and any charges incurred by the Carrier in complying with any such law or requirements or with the requirement of any harbour, dock railway, shipping, airline, customs, or warehouse or other authority shall be paid by the consignor. The Carrier may carry the goods by any method the Carrier deems fit.

4: Goods of noxious, inflammable, hazardous, dangerous or explosive nature shall be accepted or not by the Carrier for carriage in its absolute discretion and only on receipt of a written request by the consignor or his agent containing a full description of the goods. The consignor thereof is responsible under all the circumstances for damage occasioned by such goods and shall indemnify the Carrier in respect of all loss or damage suffered or incurred by the Carrier or any third party and arising out of the carriage of such goods.

5: (a) Packing : In respect of goods which the Carrier has been requested by the Consignor to pack and which are described on the face hereof the Carrier shall not be liable for any damage or loss whatsoever whether in the course of packing or in transit or otherwise and howsoever occasioned to the said goods or any of them. (b) When the Carrier is required to load or unload any liquids, partly liquids substances or any commodities or products into bulk tanks or vessels, drums of containers, he shall not be liable for any loss, damage or contamination or product during such loading or unloading operation or packing whilst such product is in transit by means of transportation or whilst goods are held in store or bulk storage tanks for any reason whatsoever.

6: The Carrier shall be under no liability for or in respect of any damage ( included injury ) delay or loss of any nature arising out of or incidental to the carriage or any matter ancillary thereto or which may occur at any time after the goods have been delivered to the Carrier and before the goods have been delivered to Consignee whether due or alleged to be due to misconduct default, neglect, omission or negligence whether gross or otherwise on the part of the Carrier or not or whether due to, or alleged to be due to any deviation, miss-delivery, late delivery or non-delivery of the goods or for any reason whatsoever.

7: It is agreed that the persons delivering any goods to be Carrier for carriage is authorised to sign this consignment note for and on behalf of the Consignor.

8: The Carrier is authorised to sign on behalf of and as agent for the Consignor any documents relating and incidental to the carriage of all goods for the Consignor.

9: Insurance will not be arranged by the Carrier. It is the responsibility of the consignor to ensure that adequate insurance cover. 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 cheque and to give receipts on behalf of the Consignor.

10: Insurance of goods will not be affected for the benefit of the Consignor unless specially requested in writing by the Consignor and accepted in writing by the Carrier In the event of such written application by the Consignor being so accepted by the Carrier the full value of the Consignment and the type of insurance required shall be stated in writing by the Consignor and the current insurance charges thereon shall be paid by the Consignor.

11: Labour for the purposes of loading and unloading shall at all times be the responsible and at the expense of either the Consignor or Consignee.

12: Freight and carriage payments shall be considered earned whether the goods are delivered to the consignee or not and whether damaged or otherwise. Notice of any claim by the consignor on any ground of liability with respect to the goods against the Carrier must be given in writing, stating the nature, grounds and amount of the claim and details of the goods in respect of which it is made by the consignor to the head office of the Carrier within 7 days of the date on which the goods are delivered by the consignor to the Carrier. Otherwise the consignor will be deemed to have waived and abandoned completely any claim which he may have against the Carrier in respect of the goods, and no such claim shall be allowable or admitted.

13: The goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Carrier by the consignor on any account whether in respect of the goods comprised herein or in respect of any other goods for which the Carrier provides transport or any other service. If on the expiration of 30 days from the date of the Carrier making demand for the payment of charges due to the Carrier in respect of any services by the Carrier, the charges are not paid and/or the goods are not collected, the Carrier may at its option and without any notice: In the case of perishable goods immediately; In any other case upon the expiration of one month; In the case where goods are being stored on behalf of a client, if any charges are not paid and overdue for a period in excess of six months, the Carrier reserves the right to sell these goods to cover the value of the debt. Where the amount of debt exceeds the value received at time of sale of goods, the Carrier shall send a demand for payment within seven days of sale being realised against the debt. Either remove such goods and store them in such place and manner as the Carrier shall think proper and at the risk and expense of the consignor or, open any package and sell such goods or part thereof on such terms as the Carrier shall think fit and apply the proceeds in or towards discharge of the lien and costs of the sale without being liable to any person for any loss of damage thereby caused.

14: The Carrier’s charges for the carriage storage of freight payable to any other persons firm or Company or for any other service shall be paid by the Consignor upon the demand without prejudices to the Carrier’s rights against the Consignee or any other person, provide that when it is stated on the Consignment Note or Docket that charges are payable by the Consignee or the goods are consigned “C.O.D” or “ Freight Collect “ the Consignor shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand had been made by the Carrier for payment thereof, interest at the rate of 10 percent per annum shall be payable on all accounts which are outstanding for a period in excess of fourteen days.

15: In the event that the building or place at which the goods are required to be delivered is not accessible to the vehicle in which the goods are transported then the Carrier shall be required only to deliver the goods to the point nearest to such building or place which is accessible to the said vehicle.

16: (a) In the event of the Consignee refusing to take delivery of the goods or requesting the Carrier to deliver such goods as an alternative place or address the Carrier is authorised to deliver the goods such alternative place or address and the Consignor shall pay all additional charges arising there from and associated therewith. (b) In the event that the Carrier is required (through no fault of the Carrier) to attend at the place of delivery on more than one occasion to effect delivery of the goods or in the event that the Carrier is required to remain (through no fault of the Carrier) at the place of delivery to effect delivery of the goods, the Consignor shall pay all additional charges arising there from and associated herewith.

17: In the event of the Consignee not being available to take delivery of the goods when delivered by the Carrier, the Carrier shall have the options of either returning the goods to its nearest Depot or of depositing them at any other Depot to be held there, at the sole expense and risk of the Consignor, to be collected by the Consignor or Consignee.

18: All measurement and weights written on the front thereof shall be regarded as estimates only shall be subject to checking and amendment by the Carrier.

19: No agent or servant of the Carrier without the written permission of a director of the Carrier has authority to dispense with out modify or vary in any way any of these conditions.

20: These conditions shall be construed and governed by the laws of Tasmania wheresoever the contract was made and any action or proceedings in respect of any matter or thing in respect of or incidental to the said contract or arising there under brought against the Carrier shall be instituted and carried in the State of Tasmania only.

21: All goods are accepted in good faith to be in good order and condition on delivery to the Carrier.

22: (a) If for any reason the time necessarily spent by the Carrier in attempting to effect or in effecting delivery exceeds 30 minutes or requires more than one attempt the Customer agrees to pay the costs of the Carrier thereby incurred. (b) When the Carrier advised the Customer that any goods are ready for delivery or pick-up, and the Customer fails to take delivery or to pick-up within a reasonable time, the goods will be deemed delivered and the Customer accepts all risk and liability therefore and agrees to pay any reasonable storage charge claimed by the Carrier.

Trading Terms and Conditions

1: The Carrier invoices are made up weekly and must be paid in full no later than 30 days from the date of invoice.

2: The account must be kept within any limit stipulated at the time of approval or any time thereafter. If the limit or credit is reached or likely to be reached before the end of the billing cycle specified in (a) above, an account will be rendered and payment must be made forthwith.

3: Accounts must be paid in full as submitted and any errors should be brought to the notice of the Office from which the account was received.

4: Any expenses incurred by the Carrier in recovering outstanding monies, including debt collection agency fees and solicitors’ costs will be paid by the customer.

5: On the change of the name of a firm or company, or the change in the principals of a company (including directors or office holders of a company) a fresh application for a credit account will be necessary.

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