1. In these conditions carrier shall mean the business which is carried on by Janala Pty. Ltd. A.C.N. 003 672 839 A.B.N. 24 003 672 839 trading under the name of Computer Overnight Priority Express and COPE its servants, agents and sub-contractors. Carrier is not a common carrier and will accept no liability as such. All goods or other services rendered shall be subject only to these conditions, and these conditions shall be governed by the law of the State or Territory in which the consignment or storage note is issued. Carrier reserves the right to refuse carriage or storage of any goods.
2. Carrier, its servant, agents and sub-contractors are entitled to the full benefits of these terms and conditions and carrier enters into this contract for its own behalf and also on behalf of its servants, agents and sub-contractors. Consignor agrees that it will bring no claim whatsoever against a servant, agent or sub-contractor of the carrier in respect of any act or omission done in performance or purported performance of this contract whether arising in contract or tort.
3. Consignor hereby authorizes carrier to arrange with a sub-contractor for the carriage of goods the subject of this contract.
4. Where there are any express or implied instructions, an agreement that carrier will use a particular route or method of carriage, handling or storage of goods, carrier shall have regard to that instruction or agreement but in every case the consignor authorizes the carrier to choose any method of carriage, handling or storage of goods on route as may be convenient to the carrier.
5. SUBJECT ALWAYS TO CLAUSE 5(A) HERE OF GOODS ARE AT THE RISK OF CONSIGNOR AND NOT CARRIER, AND CARRIER SHALL NOT BE RESPONSIBLE IN TORT OR CONTRACT OR OTHERWISE, FOR LOSS OF OR DAMAGE TO OR DETERIORATION OF GOODS OR MISDELIVERY OR FAILURE TO DELIVER OR DELAY IN DELIVERY OF GOODS, OR FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITING THE AFOREGOING, THE NEGLIGENCE OR WILFUL ACT OF DEFAULT OF CARRIER OR OTHERS, THIS CLAUSE SHALL APPLY TO ALL LOSS DAMAGE DETERIORATION, OR FAILURE TO DELIVER, OR DELAY WHETHER OR NOT IT OCCURS IN THE COURSE OF PERFORMANCE BY CARRIER OR IN EVENTS WHICH ARE IN THE CONTEMPLATION OF CARRIER AND/OR CONSIGNOR, OR IN EVENTS WHICH ARE FORESEEABLE BY THEM OR EITHER OF THEM, OR IN EVENTS WHICH WOULD CONSTITUTE A FUNDAMENTAL TERM.
5(A) 1. IN RESPECT OF CONTRACTS MADE IN QUEENSLAND, THESE CONDITIONS SHALL BE READ SUBJECT TO THE CARRIAGE OF GOODS BY LAND (CARRIER LIABILITY) ACT OF 1967 OF THAT STATE BUT EXCEPT WHERE REPUGNANT TO THE PROVISIONS OF THAT ACT SHALL CONTINUE TO APPLY.
2. NOTWITHSTANDING THE PROVISIONS HEREOF THEY SHALL BE READ SUBJECT TO ANY IMPLIED TERMS, CONDITIONS OR WARRANTIES IMPOSED BY THE TRADE PRACTICES ACT 1974 (CMTH) OR ANY OTHER COMMONWEALTH OR STATE LEGISLATION INSOFAR AS SUCH MAY BE APPLICABLE AND PREVENTS EITHER EXPRESSLY OR IMPLIEDLY THE EXCLUSION OR MODIFICATION OF SUCH TERM, CONDITION OR WARRANTY.
6. In the event that the consignor is not the full legal and beneficial owner of the goods consigned, then the consignor agrees to indemnify the carrier against any claim made by any person with an interest in the consigned goods.
7. Carrier's charges shall be considered earned as soon as the goods are loaded from consignor's premises or delivered to carrier for despatch.
8. Consignor will be and remain responsible to carrier for all proper charges incurred for any reason. Labour for the purpose of loading and unloading shall be the responsibility and at the expense of the consignor. Notwithstanding any special instructions that charges shall be paid by the receiver if receiver does not pay within the carrier's accepted terms consignor shall pay all charges.
9. A charge may be made by carrier in respect of any delay in excess of 30 minutes in loading or unloading, occurring other than from the default of carrier.
10. (i) Carrier shall have a lien on all goods consigned or stored by the consignor for freight and incidental costs and expenses.
(ii) Consignor hereby charges his right title and interest on goods to carrier of all freight charges, cost and expenses payable by consignor to carrier in respect of the carriage by carrier of goods the subject hereof or of any other goods whether before or after the date hereof and agrees carrier shall be entitled to retain possession of goods until payment of all charges costs and expenses.
(iii) In the event of payment not being made of the amount of any charges, costs or expenses, referred to in 10 (ii) as and when the same shall be and become due and payable carrier shall be entitled to sell goods without notice to consignor, either at public auction or private treaty.
(iv) Charges due and payable in respect of detention and sale may also be deducted from monies arising from sale.
11. Consignor warrants that except as shown in any accompanying consignor's certificate, the consignment does not contain any explosive volatile spirits or other cargo of a dangerous inflammable or offensive nature, or cargo the carriage of which by carrier would be illegal or prohibited by any State, Territory or the Commonwealth, due to its nature, packaging or labelling. Consignor hereby indemnifies carrier its servants, agents and sub-contractors in respect of carriers liability for death, bodily injury, loss and/or damage wholly or partially as the result of or arising out of consignor's failure to comply with this warranty.
12. No purported variation or modification of these conditions shall have any effect unless in writing signed by an executive officer of carrier.
13. Acceptance of goods by the carrier for cartage or storage is subject to the condition that carrier accepts no responsibility for the collection of cash on behalf of consignor or any other person. When goods are tendered by any person with instructions for carrier to collect such payments, carrier shall not be bound by such instructions notwithstanding that carrier its servants or agents or sub-contractors may accept the goods as tendered and perform other services of cartage, forwarding or storage in relation to those goods.
14. Carrier accepts no responsibility to retain the container or other packaging containing goods, or any pallets delivered with the goods to carrier.
15. Consignor warrants that he is not infringing any Act, law, regulation or ordinance of any State, Territory or the Commonwealth in the sending of goods.
16. In Transit Liability Cover: Carrier WILL NOT PROVIDE IN TRANSIT LIABILITY COVER unless requested by the consignor by indicating on the consignment note or by prior arrangement in writing. All In Transit Liability classes and conditions are shown in carriers current rate list. Liability of carrier in respect of any one consignment shall be limited to $10,000.00 unless expressly agreed otherwise in writing.
END OF TERMS AND CONDITIONS