Gaby Cool Transport

TERMS AND CONDITIONS OF CONTRACT FOR GABY COOL TRANSPORT PTY LTD

1. In these conditions: -
“Carrier” shall mean the Company the name of which appears on the face of this document its servants and agents.
“Sub-contractor” shall mean and include: -
* I - All companies which are now subsidiaries of the Carrier within meaning of the expression as defined in Section 6 of the State’s Companies Act 1961.
* II - Railways operated by the Commonwealth of any State.
* III - Any other person, firm or company with whom the Carrier may arrange for the carriage of any goods the subject of this contract, and any persons who now or hereafter a servant, agent employee or sub-contractor of any of the persons referred to in I, II, III above.

2. The Carrier is not a Common Carrier and will accept no liability as such. All goods are carried or transported and all storage and other services are performed by the Carriers subject to these conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION.

3. The Consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any goods of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such sub-contractor or sub-contractors who shall thereupon be entitled to the full benefits of these terms and conditions to the same extent as the Carrier. In so far as it may be necessary to ensure that such sub-contractors shall be so entitled, the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor or sub-contractors.

4. If the consignor expressly or impliedly instructs the Carrier to use or it is expressly agreed that the Carrier will use a particular method of carriage whether by road, rail, sea or air the Carriers will give priority to the method but if it cannot conveniently be adopted by the Carrier, the Consignor hereby authorises the Carrier to handle or store or to carry or have goods carried by another method or methods.

5. The goods are at risk of the consignor and not of the Carrier and unless expressly agreed in writing and subject to clause 21 hereof the Carriers shall not be responsible in sort or contract or otherwise for any loss or damage to or deterioration of goods and mis-delivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated or perishable goods whether in transit or in storage for any reason nor for any consequential loss or injury of any kind whatsoever including without limiting the foregoing the negligence or wilful act or default of the Carrier or others and this clause shall apply to all such loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or delaying delivery of goods nor for any consequential loss or injury of any kind whatsoever as aforesaid whether or not the same occurs in the course of performance by the Carrier of the contract or in the events which are in the contemplation of the Carrier and/or the Consignor or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.

6. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with this contact if at that address he obtains from any person a receipt or signed delivery docket of the goods.

7. It is agreed that the person conveying any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Consignor.

8. The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any goods of property the subject matter of this contract of cartage and by entering into this contract the Consignor accepts these conditions of the contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.

9. Notwithstanding clause 5 above it is expressly agreed that all the rights, immunity exemptions from and limitation of liability granted to the Carrier be the provisions set forth in the above conditions of contract shall have and continue to have their full force and effect in all circumstances, whether or not the same occur in the course of performance by the Carrier of the contract or are in the contemplation of the Carrier and/or the Consignor or are foreseeable by either of them or would constitute a fundamental breach of the contract or a breach of fundamental term thereof.

10. The Consignor hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

11. The Carrier’s charges shall be considered earned as soon as the goods are loaded and despatched from the Consignors premises.

12. The Consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of 30 minutes in loading and unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Consignor or Consignee.

13. If any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier on reasonable demand made in accordance with the contract, the Carrier may detain and sell all or any of the goods of that person which are in its possession and out of money arising from the sale retain charges so payable and all charges and expenses of the detention and sale, and shall render the surplus of any of the monies arising from the sale of and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due and payable in respect of such service of the said detention and sale.

14. The Consignor or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods without presenting a full description disclosing their explosive, inflammable or otherwise dangerous or damaging character of those goods and in default of so doing shall be liable for all loss and damage caused thereby.

15. Where by express agreement the Carrier becomes responsible for damage to or loss of goods, no claim for such loss or damage will be allowed unless lodged in writing to an office of the Carrier in the State in which delivery was affected within seventy-two (72) hours after delivery was given.

16. No purported variation or modification of these conditions shall have any effect unless in writing signed by an executive office of the Carrier.

17. All goods received by the Carrier for cartage, forwarding or storage are accepted subject to the condition that the Carrier will accept no responsibility for the collection of cash on delivery payments on behalf of the Consignor or any other person. When goods are tendered by any person with instructions for the Carrier to collect such payments the Carrier shall not be bound by such instructions notwithstanding that the Carrier and its servants or agent may accept the goods as tendered and perform other services of cartage, forwarding or storage in relation to those goods.

18. Where goods are accepted for forwarding by rail to an address in a town or other person where the Carrier has no receiving depot, the goods will be deemed duly delivered according to the Contract if they are delivered to the nearest rail head.

19. The provision of these conditions of carriage shall apply to the container or containers or other packaging containing the goods and to any pallet or pallets delivered with the goods to the Carrier. The Consignor shall be responsible for the conformity of such containers, packaging and pallets with any requirements of the Consignee and for any expense incurred by the Carrier arising from any failure so to conform.

20. Notwithstanding anything herein contained, the Carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and presents the exclusion or modification of the warranty.

21. The Sender shall comply with all applicable law, customs and other government regulation of any State or Territory or of the Commonwealth of Australia including those relating to the packaging, carriage and delivery of goods and shall furnish information and attach such documents to this consignment note as may be necessary to comply with such laws and regulations. The Carrier shall not be liable to the sender or any other person for loss or expense due to the senders’ failure to comply with this provision.

22. The Sender warrants that except as shown in any accompanying senders certificates that consignment does not contain any explosive volatile spirits or other cargo of a dangerous inflammable or offensive nature or cargo the carriage of which the Carrier would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth due to its nature or labelling. The Sender hereby indemnifies the Carrier in respect of the Carriers liability for death, bodily injury, loss and/or damage occurring wholly or partially as a result of or arising from the senders’ failure to comply with this warranty.

23. Cranage is not included unless otherwise specified.

24. Pallets will be considered to be an integral part of a consignment and assessed at 50kg each if not included in the nominated overall weight. We do not exchange pallets.

25. TERMS. We reserve the right to cancel special rates and recharge for our services where unauthorised extended terms are taken.

26. The current Standard Terms and Conditions of Gaby Cool Transport shall apply to this contract except where those conditions conflict with the conditions set out above. A copy of these Standard Terms and Conditions of Contract will be made available to the customer on request. It should be noted that those Standard Terms and Conditions of Contract are subject to alteration from time to time without notice and customers should ensure that they obtain an up to date copy.