Trading Terms and Conditions
In these Terms and Conditions:
“Consignee” means the person or entity to whom goods are to be delivered by the Carrier as specified by the Customer.
“Carrier” means CTI Freight Management Pty Ltd (ABN 34 009 391 431) trading as Bunbury Freight Services, its servants, agents, and Sub-Contractors.
“Customer” means the person or entity entering into this contract with the Carrier, and includes the Customer’s servants and agents.
“Sub-Contractor” means and includes:
(a) Any person, firm or company with whom the Carrier may arrange for the carriage of any goods the subject of this contract;
(b) Railways operated by the Commonwealth of Australia or any State or Territory thereof or any other person; and
(c) Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) and (b) above.
- CARRIER IS NOT A COMMON CARRIER
2.1 The Carrier is not a common carrier and will accept no liability as such.
2.2 All goods or articles are carried or transported and all storage and other services are performed by the Carrier subject to these conditions.
2.3 The Carrier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.
- RIGHT TO SUB-CONTRACT
3.1 The Customer authorises the Carrier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion.
3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these Terms and Conditions to the same extent as the Carrier. The Carrier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor.
- METHOD OF CARRIAGE
4.1 If the Customer instructs the Carrier to use a particular method of carriage, whether by road, rail, sea or air, the Carrier will give priority to this method, provided that the method can reasonably and conveniently be adopted by the Carrier. Where the Carrier cannot reasonably and conveniently give priority to the method specified, the Carrier may use any other method or methods to transport the goods at its absolute discretion, and the Customer is deemed to authorise such other method or methods.
4.2 The Customer is also deemed to have authorised all further or additional charges which may become payable as a result of the goods being carried by some other method or methods outlined in Clause 4.1.
- DELIVERY OF GOODS
5.1 The Carrier is authorised to deliver the goods at the address given to the Carrier by the Customer for that purpose, and without prejudice to any other method of delivery.
5.2 The Carrier is taken to have delivered the goods specified in the contract in accordance with the Terms and Conditions of the contract if at that address the Carrier obtains from any person a receipt or signed delivery docket for the goods.
5.3 If the specified place of delivery is unattended or if the Carrier is otherwise unable to effect delivery, the Carrier has the option to deposit the goods at that place or to store the goods. If the Carrier decides to store the goods the Customer must pay or indemnify the Carrier for all costs and expenses incurred in or about such storage. Furthermore, the Carrier has the discretion to re-deliver the goods to the Customer from the place of storage at the Customer’s expense.
5.4 If the Carrier decides to deposit the goods in accordance with Clause 5.3, this is deemed to be delivery of the goods under this contract.
5.5 Where a Carrier accepts goods from a Customer for forwarding by road, rail, sea or air to an address in a town or other place where the Carrier has no receiving depot, the goods are deemed to be properly delivered under this contract if they are delivered to the designated agent in that town or other place.
5.6 The Customer agrees to any deviation by the Carrier from the usual route or manner of carriage of the goods, which may be deemed by the Carrier to be reasonable or necessary in the circumstances at its absolute discretion.
- RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MIS- DELIVERY
6.1 Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and the Carrier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or misdelivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
6.2 The Customer agrees to indemnify the Carrier against all loss, damage and expense sustained by any person (including the Carrier) by reason of any such loss, damage, misdelivery, non-delivery or delay in delivery as mentioned in Clause 6.1.
- EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS
7.1 The Customer must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Carrier unless the Customer gives the Carrier a full description of the goods.
7.2 If the Customer fails to comply with Clause 7.1, the Customer is liable for all loss and damage resulting from this breach.
- CUSTOMER’S WARRANTY AS TO OWNERSHIP OR OTHERWISE
8.1 The Customer expressly warrants to the Carrier that the Customer is either the owner of, or authorised agent of the owner, of any goods under this contract.
8.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing.
8.3 The Customer agrees to indemnify the Carrier from any liability whatsoever to any person in respect of the goods the subject of this contract who claims to have, who has, or may have later on, any interest in the goods in whole or in part.
- CUSTOMER’S WARRANTY AS TO PACKAGING OF GOODS
9.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labelling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods.
9.2 The Customer agrees to indemnify the Carrier from and against any loss or damage arising from the Customer’s failure to comply with the warranty in clause 9.1.
- NO INSURANCE OF GOODS BY CARRIER
10.1 The Carrier does not offer insurance to the Customer in relation to the goods and has no responsibility for effecting insurance of the goods itself. Accordingly insurance is the sole responsibility of the Customer and the Carrier is under no liability whatsoever for the adequacy of any insurance cover effected by the Customer or the failure by the Customer to effect insurance of the goods.
- CHARGES BY THE CARRIER
11.1 The Carrier’s charges are deemed to be earned as soon as the goods are loaded and despatched by the Carrier.
11.2 The Customer will be and remains responsible to the Carrier for all proper charges incurred by the Carrier for any reason whatsoever.
11.3 The Carrier is entitled to make a charge for any delay in loading or unloading the goods which results from the Customer’s default. The permissible delay period starts upon the Carrier reporting at the relevant place for loading or unloading.
11.4 The cost of any labour to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods.
- TERMS OF PAYMENT
12.1 The Customer agrees to accept the terms of trading as strictly (30) days net from receipt of the Carrier’s invoice/statement.
12.2 (a) The Carrier retains a general lien over the goods and if the Customer fails to pay the charges due to the Carrier for any service rendered by the Carrier upon reasonable demand being made under this contract, the Carrier has the right to detain and sell all or any other goods of the Customer which are in its possession.
(b) The Carrier may also deduct charges so payable and all reasonable charges and expenses resulting from the detention and sale of goods out of monies arising from the sale.
(c) If there is any surplus arising from the sale of the goods, the Carrier must render the surplus to the Customer.
12.3 Any sale under Clause 12.2 will not prejudice or otherwise affect the Carrier’s right to recover charges due or payable for services rendered or the detention or sales of goods from the Customer.
12.4 The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to the Carrier for carriage of goods.
13.1 The Customer shall not either by itself, or through any related person or corporation, engage one or more of the Carrier’s employees, contractors or Sub-Contractors to perform the same or substantially the same or similar services or a part of those services previously performed for the Customer by or on behalf of the Carrier within a 12 month period prior to the Customer’s engagement of such person or persons.
13.2 If the Customer breaches the provisions of clause 13.1, the Customer will immediately pay to the Carrier liquidated damages in the amount equivalent to the fees charged by the Carrier to the Customer in the 12 month period to the date on which the Carrier’s employee, contractor or Sub-Contractor, as the case may be, was so engaged, or if the Carrier’s services have been provided to the Customer for a period of less than 12 months, then the amount equivalent to 12 times the average monthly fees charged by the Carrier to the Customer.
- GOODS AND SERVICES TAX
14.1 In this clause 14:
“GST” means any tax imposed by authority of any GST law enacted by the Commonwealth Parliament and includes goods and services tax within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as amended).
14.2 The Customer agrees that to the extent that the Carrier is or becomes liable to pay GST pursuant to making a taxable supply under the GST Act to the Customer, the Customer will pay or reimburse the Carrier for that GST liability.
14.3 The Customer must pay the Carrier the GST imposed in respect of the taxable supply made by the Carrier to the Customer at the time when the Customer pays the Carrier the amount owing in respect of that supply.
15.1 The Customer accepts that all rights, immunities and limitations of liability accruing to the Carrier under these Terms and Conditions continue to have full force and effect, not withstanding any breach of contract or any condition by the Carrier.
15.2 Notwithstanding anything in these Terms and Conditions, the Carrier continues to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) or any other Commonwealth or State legislation if and to the extent that the relevant Act applies to the contract and prevents any exclusion, restriction or modification of any such warranty.
15.3 The Carrier is not bound by any agreement which purports to vary these Terms and Conditions unless the agreement is in writing and signed by or on behalf of the Carrier by its duly authorised officer.
15.4 These Terms and Conditions are to be governed and construed by the laws of the State in which the Carrier has its principal place of business wherever the contract is made. Accordingly, any proceedings in respect of any claim, matter or thing against the Carrier must be instituted in that State only.
15.5 The clauses and provisions in these Terms and Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or unenforceability does not prejudice or in any way affect the validity or enforceability of any other clause or provision of these Terms and Conditions.