All and any carriage services undertaken by the Company will be subject to these Conditions of Carriage.
"Australian Consumer Law" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Company” means Computertrans (Aust) Pty Ltd (ABN 75 085 474 111), its employees, servants, agents, subsidiaries and/or associated entities.
"Contract" means the Contract between the Company and the Customer for the Services, incorporating these Conditions of Carriage.
“Customer” means the shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods or the person for whom any of the Services are performed.
“Consignee” means the entity who is financially responsible for the receipt of Goods.
“Consignor” means the person or firm who sends the Goods to a carrier for transporting it to a Consignee.
“Goods” means the chattels, articles or things tendered for carriage or bailment or other services by the Customer and will include the container or containers, unit load devices or other packaging containing the same and any other pallet or pallets delivered with the same to the Company or Subcontractor.
“Services” means the storage/warehousing, carriage, transport, movement, handling, and/or any other service performed or arranged by the Company pursuant to, or ancillary to, this Contract.
“Dangerous goods” means such of the Goods as will be, or become, in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any person or animals or to any thing in which those goods are carried, handled or stored.
“Valuables” means bullion, coins, precious stones, jewellery, antiques, or works of art.
“Perishable goods” means such of the Goods as will be in fact or law liable to deteriorate in quality and/or value and will include, but not be limited to, fruits, vegetables, dairy products, meat, etc.
“means any person who pursuant to a Contract or arrangement (other than a Contract of employment) with any other person (whether or not the Company) performs or agrees to perform the Services or any part thereof.
Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.
The Company is not a common carrier and accepts no liability as such. The Company reserves the right to refuse the carriage of goods for any particular person and for carriage of any goods or classes of goods at its discretion whether before or after the carriage or Service has commenced and further reserves the right to open and inspect all Goods at its discretion and at the Customer’s expense.
The Customer warrants that:
The Customer undertakes that no claim or allegation will be made against any Subcontractor or other party (other than the Company) who may be vicariously liable for the acts or omissions of such Subcontractor in connection with the Goods whether or not arising out of negligence on the part of such party (Claim). If any Claim should nevertheless be made, the Customer agrees to indemnify the Company against all consequences thereof. Without prejudice to the foregoing, every such party will have the benefit of all provisions herein benefiting the Company as if such provisions were expressly for its benefit, and in entering into this Contract, the Company, to the extent of these provisions, does so not only on its own behalf, but also as agent and trustee for such parties.
The Goods may at any time be warehoused or otherwise held at any place or at any time be removed from any place at which they may be warehoused or otherwise held to any other place to be warehoused or otherwise held at the sole discretion of the Company. In every case, whether warehousing is incidental, or the primary Service provided by the Company, it will be provided at the Customer’s risk and expense as a primary charge(s) or a charge(s) incidental to or in connection with the carriage of the Goods or any Service hereunder.
The Company does not accept responsibility for the return or costs associated with Customer provided pallets or shipping materials, including those owned by Chep, Loscam or any other third party.
The Company does not insure the Goods, nor can the Company arrange insurance for the Goods, on behalf the Customer. The Customer is encouraged to insure the Goods against loss or damage including while in the possession of the Company.
No insurance will be effected by the Company on the Customer’s behalf except on express instructions in writing by the Customer and only if the Company is licensed to do so pursuant to applicable Australian regulations. Any such insurance so effected will be subject to the usual exceptions and conditions of policies of the insurance company or underwriters taking the risk, at the Customer’s expense. The Company will not be under any obligation to effect separate insurance on each consignment but may declare it on any general policy. Should such insurers dispute liability for any reason, the Customer as the insured will have no recourse against the Company whatsoever and any recourse by the Customer will be against the insurer.
Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at the Company’s discretion.
If the Company is instructed by the Customer and agrees to use a particular method or mode of transport and/or Service, the Company will give due consideration to the method or mode designated but will at all times have the right to choose or vary such method or mode of transport and/or Service or route and procedure to be followed in respect of the Service performed. The Customer hereby authorises the Company to substitute alternate carriers or other Service providers without notice to the Customer.
The Customer authorises the Company, but with no obligation on the part of the Company, to pay any duties, taxes, imposts, outlays or charges at any port or place in respect of the Goods and the Customer will be liable for the reimbursement of such disbursements and for payment of any fine, expense, loss or damage incurred by the Company in connection therewith.
The Goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Company by the Customer. If the lien is not satisfied, the Company may at its option and without any notice sell the Goods or part thereof upon such terms as it thinks fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for any loss or damage thereby caused.
The Company and its Subcontractors will be entitled at the cost and expense of the Customer, subject to any compliance with any applicable law, to sell or dispose of:
Any dispute arising under this Contract will be governed by the laws of New South Wales and will be determined exclusively by the courts of New South Wales or by the court of the Company’s choice.
By signing the letter of instruction or otherwise accepting these conditions, the Customer agrees that it did not rely on any representation, promise, warranty or condition of the Company or its Subcontractor not expressly made (in writing) part of this Contract.
It is hereby agreed that if any provision or part of any provision of this Contract is unenforceable, such unenforceability will not affect any other part of such provision or any other provision hereof. Further, should the Company elect not to exercise any of its rights under this Contract, under any other contract/agreement or under law, such election will not constitute a waiver of any rights relating to any other or subsequent breach by the Customer.
The use of the Customer’s own form is no derogation to these conditions of Carriage.
Where the Company is unable to carry out any obligation under the Contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”), the Company will be excused from such obligations to the extent of such prevention, restriction or interference so caused.
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