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I Agree - Terms and Conditions
1/THE CUSTOMER AND THE COMPANY AGREES AS FOLLOWS
The Company" means the Company whose name appears on the face of this document carrying on business in its own name and under any business name and its officers, employees, servants, agents and sub-contractors.
"Sub-contractor" means and includes any other person, company or the railways of the Commonwealth or any State or Territory with whom the Company may arrange for the provision of any services the subject of this contract.
"The Customer" includes the customer, owner, storer, consignor and consignee of any goods and their agents, if any, and any person delivering goods and signing any consignment or storage note for carriage, storage or any other purpose.
"Goods" are any goods, including the packages containing those goods and shipping or other transport containers, which are the subject of the services provided by the Company to the Customer under this or any other agreement.
"Services" are the rights, benefits, privileges or facilities that are to be provided, granted or conferred under a contract for or in relation to the performance by the Company for the Customer and includes handling, storage, carriage and transportation.
"Carriers" includes carriers of goods by sea, air, post, road, rail, courier or person, freight forwarders, cargo consolidators, bonded and free stores, terminals, depots and warehouses.
"Dangerous goods" includes any goods that are noxious, dangerous, hazardous, flammable, explosive, radioactive or likely to cause damage to any property or person.
In the interpretation of this agreement the singular includes the plural and vice versa; words importing one gender mean and include each other gender; words importing Corporation mean and include natural persons and vice versa, and reference to any statute includes reference to that statute as amended.
2/ THE COMPANY IS NOT A COMMON CARRIER
The Company is not a common carrier and will accept no liability as such.
The Company may refuse at its sole and absolute discretion to accept goods of any class or type or any goods of any Customer for handling, storage, carriage, transport or any other purpose without assigning any reason.
3/ LIMITATION OF THE COMPANY'S LIABILITY
If, as a result of the supply by the Company of services, the Customer sustains loss or damage, payment, fine or expense by reason of any of the following circumstances, namely:
(1) The loss, mis-delivery, delay in delivery, contamination, evaporation or non-delivery of or damage to the Goods, or the consequential loss arising therefrom however caused or for any reason whatever;
(2) Loss or depreciation of market attributable to delay in forwarding or in transit of the Goods or failure to carry out the instructions given to it by the Customer;
(3) loss, damage, expense or additional cost arising from or in any way connected with marks or brands, weight, numbers, contents, quality, measurement, quantity, gauges, strengths, conditions, value or description of the Goods;
(4) Loss or damage resulting from fire, water, explosion or theft;
(5) loss, damage or delay of whatever kind and all or any of the abovementioned circumstances arise because of the negligence or willful default of the Company, or by reason of a failure by the Company to exercise due care and skill
THEN THE LIABILITY OF THE COMPANY IS HEREBY LIMITED TO PAYMENT BY THE COMPANY TO THE CUSTOMER OF THE COST OF HAVING THOSE SERVICES SUPPLIED AGAIN
4/CUSTOMER'S GENERAL WARRANTIES
The Customer in entering into a transaction of any kind with the Company expressly warrants that:
(1) it is either the owner or the authorised agent of the owner of any goods or property the subject matter of the transaction and by entering into the transaction it accepts these conditions for itself as well as for all other parties on whose behalf it is acting;
(2) it has complied with all laws and regulations relating to the nature, packaging, labeling, storage or carriage of the Goods and that the goods are packed in a manner adequate to withstand the ordinary risks of the Services provided or to be provided having regard to their nature and hereby indemnifies the Company for any liability whatsoever as a result of or arising out of the failure of the Customer to comply with these warranties;
(3) It has fully and adequately described the Goods on any consignment note or other document presented to the Company, and truly reflects the nature or condition of any dangerous goods. Any default of so doing shall render the Customer liable for all loss, damage, expense and fine caused by these Goods;
(4) the person delivering any Goods to or requiring any services from the Company is authorized to sign the consignment or storage note or other documents related to the services on behalf of the Customer;
(5) it has and will comply with all the requirements of the Commonwealth of Australia and any States or Territories in relation to the loading, handling and unloading of the Goods and shall be responsible for ensuring that proper facilities and safeguards exist for the collection, delivery, loading, handling and unloading of the Goods by the Company; and
(6) The Company is entitled to open any document package or other container in which the Goods are placed or carried to inspect the Goods either to determine their nature or condition or to determine their ownership or destination where any consignment note or other document is lost, damaged, destroyed or defaced.
(7)The Company carries on business as a freight provider and its carriage of goods is merely incidental thereto. The Company is not a common carrier and will accept no liability as such. The Company may refuse at its sole and absolute discretion to accept any goods for carriage without assigning any reason therefore.
(8)Subject to express instructions in writing given by the Customer and accepted by the Company in writing, the Company reserves to itself complete freedom to decide upon the means, route and procedure to be followed in the handling, storage and transportation of the Goods and shall be entitled and authorised to engage independent third parties to perform all or any of the functions required of the Company upon such terms and conditions as the Company in its absolute discretion may deem appropriate.
(9)Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or revision by the Company. If any changes occur in the rates of freight, insurance premiums, and warehousing, statutory fees or any other charges applicable to the Goods, quotations and charges shall be subject to revision accordingly, with or without notice to the Customer.
(10).Where the Goods are non-perishable and cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or because they are not collected or accepted by the consignee, they may be sold or returned at the Company's option at any time after the expiration of 21 days from a notice in writing sent to the address which the Customer gave to the Company on delivery of the Goods. All costs, charges and expenses incurred by the Company and arising in connection with the sale or return of the Goods shall be paid by the Customer. A communication from the Company or its agent to the effect that the Goods cannot be delivered for any reason shall be conclusive evidence of that fact.
(11)No agent or employee of the Company has the authority to alter or vary these trading conditions unless such alteration or variation is approved in writing by the Company.
5/ CUSTOMER’S SPECIFIC WARANTY – DANGEROUS GOODS
The Customer warrants that the Goods are not dangerous goods. In the event of a breach of this warranty the Customer and any person delivering the Goods to the Company or causing the Company to handle or deal with the Goods (except under special arrangements previously made in writing) shall be liable for any loss, damage or expense caused thereby and shall indemnify and keep indemnified the Company against all loss, penalties, claims, costs and expenses incurred by the Company in connection therewith. In the event that the Goods are found to be Dangerous goods they may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be destroyed or otherwise dealt with if they become dangerous to other goods, property or persons.
6/ GOODS AT OWNER'S RISK
The goods are handled, stored, carried and transported entirely at the risk of the Customer and the Company will not be liable to the Customer or any person or persons for any loss of or damage to the goods or part thereof or for the death or injury caused to any person arising out of the provision of Services in relation to the goods whether caused wholly or partly, directly or indirectly by such provision of Services and whether such loss, damage, death or injury arises from the negligence of the Company or otherwise and this indemnity extends to consequential loss arising therefrom. The Customer hereby indemnifies and keeps indemnified the Company from any and all claims and liabilities of whatsoever nature in connection with any loss, damage, death or injury as aforesaid.
The Company will under no circumstance be regarded as an insurer of the Goods and is expressly excluded from liability through loss, damage, delay or non-delivery. The Company shall not effect insurance on the Goods except upon receipt of express instructions in writing given by the Customer, including the Customer's written declaration as to the insured value of the Goods, and accepted by the Company in writing. Any such insurance effected by the Company may be subject to such exceptions and conditions as may be required by the insurance company or underwriter accepting the risk. At the discretion of the Company such insurance may name the Customer or owner as the insured. In the event of any dispute in regard as to liability under any such insurance policy for any reason whatsoever the Customer or other insured shall have recourse against the insurer or underwriter only and the Company shall have no liability or responsibility in relation to any such insurance policy, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by the Customer.
8/ DELIVERY OR DISPOSAL OF PERISHABLE GOODS
Where the Goods are perishable and are not taken up immediately upon arrival or cannot be delivered within a reasonable time having regard to the nature or condition of the Goods or are insufficiently or incorrectly addressed or marked or otherwise not identifiable, they may be sold or otherwise disposed of with or without notice to the Customer and payment or tender of the net proceeds or any sale after deduction of all costs, charges and expenses incurred by the Company in affecting such sale or disposal shall be equivalent to delivery. The Company sells or otherwise disposes of such Goods as principal and not as agent and is not trustee of the power of sale. The only obligation of the Company to the Customer in relation to any such sale or disposal is to use reasonable care and skill.
9/ DELIVERY OR DISPOSAL OF NON-PERISHABLE GOODS
Where the Goods are non-perishable and cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or because they are not collected or accepted by the consignee they may be sold or returned at the Company's option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company on delivery of the Goods. All costs, charges and expenses incurred by the Company and arising in connection with the sale or return of the Goods shall be paid by the Customer. A communication from the Company to the effect the Goods cannot be delivered for any reason shall be conclusive evidence of that fact. The Company sells or otherwise disposes of such Goods as principal and not as agent and is not trustee of the power of sale. The only obligation of the Company to the Customer in relation to such sale or disposal is to use reasonable care and skill
(1) Where the Company has been requested to pack Goods by the Customer the Company shall not be liable for any loss or damage whatsoever whether in course of packing or in transit or otherwise and howsoever to the Goods or any part of them.
(2) When the Company is required to load, unload or handle any liquids, part liquids, substance or any commodities or products into bulk tanks or vessels, drums or containers it shall not be liable for any loss, damage or contamination of the product during such loading, unloading or handling operation or packing, while such product is in transit by any means of transportation or while the Goods are held in store or bulk storage tanks for any reason whatsoever.
11/ EXAMINATION OF DAMAGED OR PILLAGED GOODS
If the Goods are landed or otherwise delivered or offered for delivery from any Carriers or others in an apparently damaged, pillaged or loss condition and an examination might be held or other action taken by the Company in respect thereof no responsibility attaches to the Company for any failure to hold such examination or take such other action unless the Company has been given sufficient notice to enable it to arrange for such examination or for the taking of such other action as the case may be. The Company is under no responsibility or liability to examine any Goods where there is no apparent damage, pillage or loss.
12/ NO OBLIGATION TO DEAL WITH GOODS UNLESS ADVISED BY THE CUSTOMER
The Company shall have no obligation to take any action in respect of any Goods which may be recognisable as belonging to the Customer unless it has received suitable instructions relating to such Goods together with all necessary documents. In particular, the Company shall not be obliged to notify the Customer of the existence or whereabouts of Goods or to examine them or take any other steps for their identification, protection or preservation or for the preservation of any claim by the Customer or any other party against the carrier, insurer or any third party.
13/ NO OBLIGATION TO PAY DISBURSEMENTS OR INCUR DEBTS WITHOUT FUNDING
The Company is under no obligation to pay out any disbursement or incur any debt on behalf of the Customer without first being put in funds as requested by the Company. Any invoice, account or request issued by the Company for such disbursements or debts is payable on demand.
14/The customer, upon signing these terms shall agrees to comply with the standard payment terms for the company.
These standard terms will be payment to be made to the company by the customer 15days from the issue by the company of its Invoice.
WHEN DOCUMENTS, PAYMENT, NOTICES DEEMED RECEIVED BY THE COMPANY Notwithstanding any prior dealings between the Company and the Customer or any rule of law or equity or provision of any statute or regulation to the contrary, contracts, documents and other matter (including cash, cheques, bank drafts and other remittances) sent to the Company through the post shall be deemed not to have been received by the Company unless and until they are actually delivered to the Company at its office address or placed in the Company's post office box, if so addressed.
Without prejudice to the rights of the Company at common law the Goods and all documents relating thereto which come into the possession or under the control of the Company shall be subject to a special and general lien and pledge for monies due to the Company in respect of services and/or disbursements relating to the Goods, and for any other indebtedness to the Company from whatever cause by the Customer in so far as permitted by law.
16/ SUSPEND SERVICES
(1)The Company may at any time and without notice to the Customer stop or suspend the performance of the Services while monies due to the Company from the Customer remain unpaid. This right is additional to any right or rights conferred upon the Company by this Agreement and any statute.
(2)In the event of legal action eventuating, all legal fees incurred by Latin Transport during the process of legal action in recovery of the unpaid amount shall be borne by the client in default.
(3)Legal fees include any costs and commissions payable to any recovery or commercial agent and all other expenses incurred by Latin Transport in the recovery of the amount due.
Without prejudice to any condition herein, any claim by the Customer against the Company shall be made in writing and notified to the Company:
(1) In the case of damage to the Goods within 7 days of delivery;
(2) In the case of delay in delivery or non-delivery within 7 days of the date when the Goods should have been delivered; or
(3) In any other case within 7 days of the event giving rise to the claim.
(4)Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred. No claim of any kind shall be made against any officer, employee, servant, agent or sub-contractor of the Company on any grounds whatsoever. No claim of any kind shall be made against any parent, subsidiary or associated company of the Company or their agents on any grounds whatsoever.
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