Terms & Conditions
1. Carriage any way related to the Goods and/or the Carriage thereof whether or not arising out of negligence or a wilful act or
1.1 The Consignor hereby delivers the Goods to the Carrier for delivery to the Delivery Address, subject to these Terms omission on the part of any of them; of Carriage. 9.3 Every exemption, limitation, condition and liberty hereincontained and every right, exemption from liability,
1.2 The Consignor acknowledges and agrees that the Carrier. defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder (a) is not a common Carrier and excludes all liability as such; shall also be available and shall extend to protect: (b) reserves the right to refuse Carriage of any Goods or class of Goods for any Person or class of Persons; and (a) all Subcontractors; (c) shall not be bound by any agreement purporting to vary these conditions unless such agreement, shall be in (b) every officer, servant and agent of the Carrier or of a Subcontractor, writing and signed by the Carrier. (c) every other Person (other than the Carrier) by whom the Carriage or any part thereof is undertaken; and (d) all Persons who are or might be vicariously liable for the acts or omissions of any Person in paragraphs 9.2(a),
2. Consignor's Warranties (b) and/or (c).
2.1 The Consignor warrants that (a) the Goods are fit for Carriage and have been suitably packed for those purposes prior to delivery of same to the 10. General Carrier; 10.1If any provision of this Agreement is void, illegal or nenforceable, then the same shall be severed from this (b) it enters into this Agreement on its own behalf and as agent for all Persons having an interest in the Goods, and Agreement and shall not affect any other part of such provision or any other provision hereof; has authority so to enter into this Agreement as agent aforesaid; 10.2This Agreement sets out the entire agreement between the parties in respect of its subject matter. No other (c) it has supplied true and accurate details of description, items, pallet space, quantity, weight, quality, value and agreement, warranty or representation, express or implied, has been given or made by the parties to the other with measurements in respect of the Goods; respect to the Carriage of the Goods; (d) it has complied with all laws and regulations relating to the nature, packing, labeling or cartage of any 10.3This Agreement is governed by and shall be construed in accordance with the laws of the State of Queensland. Each Dangerous Goods and that the said Goods are packed in a manner adequate to withstand the ordinary risks of party hereto hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Carriage having regard to their nature; Queensland and of the Courts entitled to hear appeals from those Courts. (e) there is a suitable practicable road and approach for the Carrier and the Carrier's vehicle to the place from 10.4A notice hereunder may be sent by either party to the other by posting it to that party's address on the reverse of this which the Goods are to be collected and to the place to which the Goods are to be delivered; Agreement
2.2 The Consignor acknowledges and agrees that it is responsible for the loading and unloading of any Goods which 10.5Notwithstanding anything herein contained, the Carrier shall continue to be subject to any implied terms, consist of items of machinery for which a licence to operate is required. conditions or warranties imposed by the Trade Practices Act 1974 (Cth) or any other Commonwealth or State legislation insofar as the same may be applicable and cannot be excluded or modified;
3. Consignor's Indemnities 10.6Subject to sub-clause 10.5:
3.1 The Consignor indemnifies the Carrier in respect of any Loss or Damage the Carrier suffers as a result of any breach (a) if the Carrier is liable for any Loss or Damage sustained by the Consignor, the Consignee or any other Person of the Consignor's warranties or obligations, whether positive or negative, hereunder. Without limiting the with an interest in the Goods, no claim for any such Loss or Damage may be made unless written notice thereof generality of the foregoing, the Consignor indemnifies the Carrier in respect of: is lodged within two (2) days of that date ("the Delivery Date") when the Goods were delivered or should have (a) any liability whatsoever in respect of the Goods to any Person (other than the Consignor) who claims to have, been delivered; and who has, or who may hereafter have any interest in the Goods or part thereof; (b) the Carrier shall in any event be discharged from all liability whatsoever in respect of any Loss or Damage (b) any costs and expenses incurred by the Carrier in relation to the storage of the Goods; aforesaid unless suit is brought within six (6) months of the Delivery Date; (c) the Carrier's Charges for Carriage of the Goods; 10.7If any identifying document or mark is lost, damaged, destroyed or defaced, the Carrier may open any document (d) any Loss or Damage caused or contributed to by the Goods or arising out of the Carriage of any Dangerous accompanying the Goods and/or any wrapping, package or other container in which the Goods are placed or carried Goods whether declared as such or not and whether or not the Consignor was aware of the nature of the Goods. to inspect them either to determine their nature, condition, ownership or destination; 10.8The Carrier shall not be bound by any waiver, discharge, release or variation of this Agreement or of any obligation
4. Dangerous Goods herein unless it is in writing and signed by the Carrier. Any waiver by the Carrier of any breach of this Agreement
4.1 The Consignor must not tender any Goods for Carriage without first supplying a full written description disclosing does not operate as a waiver of another breach of the same or any other term or as a continuing waiver; and the nature thereof. 10.9The Consignee may not assign the benefit of this Agreement without the prior written consent of the Carrier, which
4.2 If in the sole and unfettered opinion of the Carrier, the Goods are or are liable to become Dangerous Goods, the consent may be granted or withheld in the unfettered discretion of the Carrier. Carrier may at any time and at the sole cost of the Consignor destroy, dispose of, abandon or render harmless the Goods without compensation to the Consignor or any other Person and without prejudice to the Carrier's right to any 11. Warranty of Authority Charges for the Carriage of the Goods. 11.1Any individual signing or accepting this Agreement on behalf of the Consignor warrants that he or she has authority to do so on behalf of the Consignor and to give instructions on behalf of the Consignor so named, and hereby agrees
5. Delivery to indemnify the Carrier for any Loss or Damage the Carrier sustains if the Consignor breaches its obligations
5.1 Without limiting any other rights of the Carrier, the Carrier shall be conclusively presumed to have delivered the hereunder. Goods in accordance with this Agreement: (a) Where the Delivery Address is attended at the time of delivery, if the Carrier obtains a receipt or signed delivery 12. Definitions and Interpretation docket for the Goods from any Person at the Delivery Address; or 12.1In this Agreement, unless the context otherwise requires: (b) Where the Delivery Address is unattended at the time of delivery, or delivery cannot otherwise be effected by (a) “Carrier” means Swan Transport Services Pty. Ltd. (A.C.N. 077 287 640) in its own capacity and as trustee for the Carrier or the Consignee otherwise fails to take delivery of the Goods, if the Carrier elects, in its sole and the Swan Transport Trust care of Stanton Mienert, Unit 17A, 107 Miles Platting Road, Eight Mile Plains in the unfettered discretion, to: (i) deposit the Goods at the Delivery Address, (ii) store the Goods, or (iii) return the State of Queensland; Goods to the Consignor. (b) “Carriage” means the whole of the operations and services undertaken by the Carrier or any Person on behalf of
5.2 The Carrier may deviate from the usual or any stipulated route or manner of Carriage of the Goods which may in the the Carrier in transporting the Goods to the Delivery Address (whether gratuitously or not), and includes but is sole and unfettered opinion of the Carrier be desirable or convenient in the circumstances, provided always that the not limited to pickup, loading, unloading, storage and delivery of the Goods but does not include packing the Carrier will give priority to any method of Carriage stipulated by the Consignor where reasonably practicable. Goods; (c) "Charges" means the Carrier's quoted charges for Carriage of the Goods calculated under its rates schedule
6. Delivery Charges from time to time or other agreed rates, and includes: (i) any charge for demurrage at the rate charged to the
6.1 The Consignor must pay the Carrier's Charges in Australian currency within thirty (30) days of receiving an invoice Carrier by any Person; (ii) any expenses and charges payable in order to comply with any law or regulation or from the Carrier in respect of the Carriage, and will be principally liable for the Carrier's Charges notwithstanding any order or requirement made under them or with the requirement of any market, harbour, dock, railway, any special instruction given by the Consignor to the effect that the Carrier's charges will be paid by the Consignee shipping, customs, excise, or warehouse authority or any other Person; (iii) any customs duty, excise duty and or any other Person. costs (including any fine or penalty) which the Carrier becomes liable to pay or pays; (iv) the cost of any labour
6.2 The Carriers charges shall be deemed fully earned on receipt of the Goods by the Carrier and are non-refundable in or machinery or both to load or unload the Goods; (iv) the cost of any pilot vehicle and/or police escort; (v) any any event. fees, charges, fines or penalties payable by the Carrier under any law or regulation relating to the transportation
6.3 The Consignee must pay interest at the rate of ten percent (10%) per annum on any unpaid balance of the Carrier's of Goods specifically or to traffic generally; (vi) any cost, expense or loss to the Carrier of destruction or Charges for so long as the same remains outstanding. disposal, storage, return, opening or inspecting of the Goods; (vii) the cost of any insurance obtained by the Carrier in respect of the Goods (if any); and (viii) any tax or duty not previously mentioned including goods and
7. Lien services tax levied directly on any taxable supply (as that term is defined in the A New Tax System (Goods and
7.1 The Carrier has a general lien on the Goods and on any other chattels of the Consignor for all Charges now due or Services) Tax Act 1999 (Cth) hereunder. which may hereafter become due to the Carrier by the Consignor on any account whether for Carriage of the Goods (d) “Consignee” means the person named as such overleaf as the person to whom the Goods are to be delivered; or any other property or for the any other service. (e) “Consignor” means the person named as such overleaf as the person requesting the Carrier to undertake the
7.2 If the Carrier's Charges are not paid when due, or the Goods are not collected when so required or designated, the Carriage of the Goods to the Delivery Address; Carrier may immediately and without notice: (f) “Dangerous Goods” means Goods which are or may become noxious, dangerous, inflammable, explosive, (a) remove all or any of the Goods and store them as the Carrier thinks fit at the Consignors risk and expense; and volatile, offensive or damaging in nature or which may become liable to damage any property and/or to cause (b) open and sell all or any of the Goods (by public auction or by private treaty) as the Carrier thinks fit and apply injury or death to any Person; the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage (g) "Delivery Address" means the address specified overleaf as the address for delivery of the Goods; caused to or sustained by same. (h) "Goods" means the properly from time to time accepted by the Carrier from the Consignor for Carriage
7.3 The Carrier may deduct or set off from any moneys due from the Carrier to the Consignor at any time, debts and hereunder and includes any container or packaging supplied by or on behalf of the Consignor, money due from the Consignor to the Carrier under this or any other Agreement. (i) “Loss or Damage” includes but is not limited to (i) consequential loss or damage, (ii) any expenses (including legal fees and outlays on an indemnity basis), penalties, fines, liabilities, and taxes and duties, and (iii)
8. Exemptions and Limitations of Liability personal injury (including death);
8.1 To the fullest extent permitted by law, the Carrier hereby excludes: (j) “Person” includes an individual, and a corporation, company, partnership, trust government authority or any (a) all conditions, warranties and terms implied by statute, general law, custom or prior dealing; and other entity, whether or not having separate legal personality; (b) any liability whatsoever (statutory or otherwise, and whether in contract, tort, bailment or otherwise) for any (k) “Subcontractor” includes (i) any Person who performs or agrees to perform the Carriage or any part thereof Loss or Damage sustained by any Person or to the Goods caused or alleged to have been caused by the pursuant to any contract or arrangement with any other Person (whether or not the Carrier), and (ii) any Person negligence or willful act or omission of the Carrier or its officers, servants, agents or Subcontractors during the who is an officer or a servant or agent of the Carrier or of any Person mentioned in sub-paragraph (i). course of the Carriage, including but not limited to loss or damage arising from the loss, destruction, 12.2In this Agreement, unless the context otherwise requires: deterioration, evaporation or contamination, misdelivery, delay in delivery, or non-delivery of the Goods (even (a) A reference to the Carrier includes its related bodies corporate within the meaning of that expression in s9 of if it is proved that the Loss or Damage resulted from an act or omission done with intent to cause damage, or the Corporations Act 2001 (Cth) and the officers, servants, agents and Subcontractors of any such bodies recklessly and with knowledge that damage would probably result). corporate or of the Carrier;
8.2 Nothing done or omitted to be done or other conduct by the Carrier in breach of this Agreement or otherwise shall (b) A reference to "this Agreement" means the agreement constituted by these Terms of Carriage and includes any under any circumstances constitute a fundamental breach or repudiation of this Agreement so as to disentitle the information contained on the reverse hereof; Carrier from obtaining the benefit of and/or enforcing any rights, defences, exemptions, immunities and limitations (c) A reference to 'signed by the Carrier' means signed by a Director or Secretary of the Carrier; of liability of the Carrier contained in this Agreement, and all such rights, defences, exemptions, immunities, (d) Words importing the singular shall include the plural and vice versa, and words importing a gender shall limitations of liability and like protection shall continue to have full force and effect in any event whatsoever. include any other gender and the neuter; (e) Where any party to this Agreement comprises two or more Persons, an agreement or obligation to be
9. Subcontractors performed or observed by that party, or any benefit conferred on that party, hereunder binds or benefits them as
9.1 The Carrier may it is sole and unfettered discretion subcontract the whole or any part of the Carriage of the Goods on the case may be jointly and severally; and such terms as it deems fit. (f) A reference to a party includes its successors, executors, administrators, liquidators, trustees and permitted
9.2 The Consignor agrees that no claim or allegation shall be made against any officer, servant, agent or Subcontractor assigns. of the Carrier which imposes or attempts to impose upon such Persons any liability whatsoever arising out of or in