TERMS AND CONDITIONS OF TRADE
The Carrier is NOT A COMMON CARRIER and shall accept no liability as such. All Goods are carried, transported and/or stored and all services by the Carrier are subject only to these terms and conditions and the Carrier reserves the right to refuse the carriage, transport and/or storage of the Goods or any class of goods for any person or company at it’s sole discretion. It is agreed that the person delivering the Goods to the Carrier is authorised to sign the documentation evidencing the contract on behalf of the Consignor. The Consignor warrants that in agreeing to these terms, it is or has authority of the person or persons owning or having any interest in the Goods or any part thereof and the Consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the Goods to any person (other than the Consignor) who claims to have, who has or may hereafter have, any interest in the Goods or any pert thereof.
The Carrier and any subcontractor shall be entitled to subcontract on any terms the whole or any part of the services. The Goods are at the risk of the Consignor and not the Carrier shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or misdelivery or failure to deliver or delay in delivery of Goods including chilled frozen, refrigerated or perishable Goods either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or breach of contract or wilful act or default of the Carrier or others and this clause shall apply to all such loss or damage to, or deterioration of Goods or misdelivery or failure to deliver or delay of delivery of Goods whether or not the same occurs in the course of performance by or on behalf of the Carrier of the contract, or in events which are in contemplation of the Carrier or the Consignor or in events which are foreseeable by them, or in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
The Consignor undertakes that no claim or allegation shall be made, whether by the Consignor or any other person who is or may be hereafter be interested in the Goods against any person (other than Charles Hull Contracting Co. Pty Ltd) by whom (whether as subcontractor, principle, employer, servant, agent or otherwise) the services of any part thereof are provided which imposes or attempts to impose upon such a person any facility whatsoever in connection with the Goods, whether or not arising out of negligence on the part of such person and if such claim of allegation should nevertheless be made to indemnify Charles Hull Contracting Co, Pty Ltd and the person against whom such claim or allegation is made against the consequences thereof. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of the carriage of the Goods, the Carrier in addition to acting for himself is acting as agent of and trustee for each of his servants and also any other person or Carrier with whom it may arrange for the carriage of the Goods and the servants of such person or carrier so that his servants and such person or Carrier and his or its servants are parties to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if insofar as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for his servants and of any such person or Carrier and his or its servants.
All the rights, immunities and limitations and exclusions of liability in these conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any conditions hereof either by the Carrier or by any other person entitled to the benefit of such provisions. The Consignor authorises the Carrier to adopt any method or methods of handling, carriage or storage of the Goods as the Carrier in its sole discretion may deem fit. The Consignor hereby authorises any deviation from the usual route of carriage or place of storage of Goods which may be in the absolute discretion of the Carrier be deemed desirable or necessary in the circumstances.
The Consignor warrants that it has compiled with all laws and regulations relating to the nature, packaging, labelling, storage or cartage of the Goods and that the Goods are packed in a manner adequate to withstand ordinary risks of voyage and/or carriage having regards to their nature and hereby indemnifies the Carrier for any liability whatsoever as a result of or arising out of the Consignors failure to comply with each of these warranties.
It is agreed that the Consignor shall be responsible for the conformity of any containers, packaging or pallets with any requirements if the Consignee and for expense incurred by the Carrier arising from any failure to so conform.