Terms and Conditions
1. (a) Barry Walsh Transport Pty Ltd ABN. 35 140 485.070 (hereinafter called the “Transport Operator” which expression shall include unless the context otherwise requires its servants agents and subcontractors) IS NOT A COMMON CARRIER and will not accept any liability whatsoever. The Transport Operator reserves the right to refuse the carriage of or transport of goods for any person, corporation or company and to refuse the carriage or transport of any class of goods at its sole discretion.
(b) In this contract the expression “the goods” shall mean the chattels, articles and things tendered for carriage by the Customer the subject of the contract for carriage and the expression “dangerous goods” shall mean such of the goods as shall be in fact or in law noxious, dangerous, hazardous, explosive, inflammable or capable by their nature of causing damage or injury to other goods or to any person or animal or to anything in which those goods are conveyed.
2. The goods are accepted by the Transport Operator subject to the following conditions.
(a) Dangerous goods – the Customer (hereinafter called “the Customer” which expression shall include the servant or agent of the Customer) shall not tender any dangerous goods for carriage without presenting to the Transport Operator a full description thereof and giving such notice of intention to ship dangerous goods and doing such acts as may be required by any relevant authority. In default of doing so, the Customer shall be liable for all loss and damage caused by or through the carriage or otherwise of such dangerous goods.
(b) The Customer shall comply with all requirements of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the Transport Operator in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, custom warehouse or other authority or company shall be paid by the Customer.
(c) If any of the goods are subject to the control of Customs all customs duty, excise duty, and costs which the Transport Operator becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to customs or excise shall be paid by the Customer.
(d) The Customer shall fully describe the goods in writing in the space provided on the face of this consignment note showing the nature and value of all goods subject to special rates of cartage, all dangerous goods, and all goods which are liquid or partly liquid and shall pay such additional charge on those goods as may be deemed necessary by the Transport Operator.
3. (a) The Transport Operator SHALL NOT BE UNDER ANY LIABILITY WHATSOEVER for any loss or damage to or mis-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation or non-delivery of good or any consequential loss arising therefrom, howsoever caused or for any reason whatsoever, the goods being at all times the sole risk of the Customer whether they are in the actual care, custody or control or dock authorities, warehousemen, storemen, or any other persons handling, carrying or storing the goods.
(b) In the event of the contract including any handling installation, removal, assembly or erection of any kind whatsoever, it is undertaken on the strict basis that the Transport Operator accepts no liability for any loss, damage or injury of any part of the movement. This disclaimer extends to include not only loss of or to itemised equipment itself, but loss, damage or injury to any person, property or thing, damage during the movement and includes any loss, damage or injury aforesaid.
(c) Without prejudice to the other conditions of the Consignment Note, the Transport Operator shall not be liable in any respect whatsoever for any loss or damage occasioned by any breakdown of or failure in refrigeration or cooling facilities or services are not provided in respect to any goods.
4. INSURANCE WILL NOT BE ARRANGE BY THE TRANSPORT OPERATOR EXCEPT WITH THE EXPRESS INSTRUCTIONS IN WRITING OF THE CUSTOMER AND THEN ONLY AT HIS EXPENSE AND ON LODGEMENT OF A WRITTEN DECLARATION AS TO THE VALUE OF THE GOODS TO BE SO INSURED.
5. Freight shall be considered earned whether the goods are delivered to the Customer or not and whether damaged or otherwise. Under no circumstances will any payment for freight be refunded.
6. Every special instruction to the effect that charges shall be paid by the Customer shall be deemed to included a stipulation that the Customer does not pay the said charges within seven (7) days of the date set for payment or, if no date is set for payment within seven (7) days of delivery or tendered delivery of the goods, then the Customer shall pay all the said charges.
7. The Transport Operator may charge freight by weight, measurement or value and may at any time re-weight or re-value or require the goods to be re-weighed or re-valued or re-measured and charge proportional additional freight accordingly.
8. The Transport Operator shall have a general lien over the goods for all amounts payable to it by the owner and / or the Customer including all freight and charges payable under the contract in respect of any other consignment or contract or any other moneys whatsoever (including payable as damages or compensation payable by virtue of the operation or any statue or law or by agreement or otherwise howsoever) and may refuse delivery of goods until all such amounts have been paid in full.
If any such amount has been owing or continues to be unpaid for more than thirty (30) days after first becoming due for payment the Transport Operator or any Transport Operator representative may at its discretion without notice to any Owner, sell the goods by public auction or private treaty, deducting all expenses of detaining and selling the same and apply the net balance of the sale proceeds towards amounts payable to the Transport Operator as aforesaid. Any excess or leftover portion of such sale proceeds and any goods remaining unsold after all such amounts have been paid in full shall be payable to and belong to the owner. Neither the existence of such lien nor any such sale shall prejudice or effect the Transport Operator’s rights at any time to recover any such amount or any part of any such amount which remains at the time unpaid, from any Owner or other person liable therefore.
9. Should the customer described herein not be in attendance at the address for delivery given to the Transport Operator during normal trading hours, when delivery is attempted, an additional charge may be made at ruling rates for each call until delivery is accomplished.
10. The Transport Operator will deliver the goods at intermediate points only by prior special arrangement between the parties and then provided facilities are available at all hours to enable delivery.
11. The Transport Operator may carry all goods or arrange to have all goods carried by any method which the Transport Operator in its absolute discretion deems fit and notwithstanding any instructions verbal or otherwise of the Customer that the goods are to be carried by another method.
12. Where the goods are carried on a vessel the carriage is subject to the terms and conditions of the Bill of Lading in use by the shipowners at the time of the shipment and in no circumstances shall the Transport Operator be liable for loss and damage howsoever occasioned whilst the goods are in the care, custody, or control of such shipowner.
13. These conditions shall be held to be subjected to the laws of the State of Tasmania except where repugnant to the provisions of those laws these conditions shall continue to apply and shall be non-void only to the extent that they are inconsistent with or repugnant to those laws and not further and any proceedings against the Transport Operator shall be brought in the State of Tasmania and not elsewhere and must be brought within twelve (12) months of the date of the contract.
14. (a) In respect of any clause herein which excludes or in any way limits the liability of the Transport Operator in respect of this carriage of goods, the Transport Operator 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 whom the Transport Operator may arrange for the carriage of goods and the servants of such person or company so that his servants and such servants or company and his or its servants are parties to this contract so far as the said clause containing exclusions or limitations of liability are concerned and in so far as maybe as necessary to give effect to this clause the Transport Operator shall hold the benefit of these conditions for his servants and any such person company and his or its servants or agents.
(b) In the event that the Transport Operator does not itself carry the goods then it is hereby appointed as the agent of the Customer for the purpose of entering into a contract of carriage on behalf of the Customer with any other carrier provided that such contract of carriage shall contain similar terms and conditions as this agreement except as to price and that the Transport Operator shall be responsible for all charges payable to such further carrier and shall be paid the price agreed upon in respect to this carriage of goods by the Customer notwithstanding any agreement pursuant to this clause.
15. All the rights, immunities and limitations of liability in these conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contract or of any conditions hereof by the Transport Operator or its agents.
16. (a) PACKING – In Regard to goods which the Transport Operator has been requested by the Customer to pack and which are described on the face hereof the Transport Operator shall not be liable of any damage or loss whatsoever whether in the course of packing or in transit or otherwise an howsoever occasioned to the said goods or any of them.
(b) When the Transport Operator is required to load or unload any liquids, partly liquids, substances any commodities or products into bulk tanks or vessels, drums, or containers he shall not be liable, for any loss, damage, or contamination of product during any such loading or unloading operation or packing or whilst such product is in transit by any means of transportation or whilst goods are held in store or bulk storage tanks for any reason whatsoever.
17. It is agreed that any person delivering any goods to the Transport Operator for carriage is authorised to sign this Consignment Note for and on behalf of the Customer.
18. When insurance cover has been arranged by the Transport Operator and the Customer has signed an unqualified receipt, transit damage must be notified by the Transport Operator with forty eight (48) hours otherwise claims will not be recognised and the Transport Operator will not be liable in any way whatsoever arising from or out of the transit damage.
19. These conditions together with any special instructions and the agreement between the parties as to price, shall contain the entire and sole agreement in respect in this carriage of goods and any representation, promise, condition or warranty in connection therewith not incorporated herein shall not be binding upon the Transport Operator.
20. The Transport Operator reserves the right to adjust rates of carriage or storage or otherwise before or after a quotation to meet any adjustments or new charges outside the control of the Transport Operator.