All services provided are subject to Conditions of Carriage
CONDITIONS OF CARRIAGE
Definitions
- In these Conditions of Carriage.
- ?Contract? means these Conditions of Carriage
- ?we, us, our? means Fleets Flyers Pty Ltd ACN 008 417 016 it?s related and subsidiary companies and its employees, agents and sub-contractors;
- ?you, your? are the persons or entity or the owner of the Goods its subsidiary companies and related businesses to whom we provide the Services.
- ?Goods? means the cargo accepted from you together with any container, packaging or pallets supplied by or on your behalf;
- ?Services? means all of the operations and services that we undertake including but not limited to the collection, carriage, transportation and/or storage of the Goods.
What you need to know:
1. All Services provided by us are subject to this Contract.
2. (i) We are NOT A COMMON CARRIER.? We have absolute discretion whether to accept the Goods and supply the Services.
(ii) We are not an insurer of the Goods and unless requested to arrange insurance by you (as confirmed hereon) you should arrange for any insurance required.
(iii) We may, pack, open and inspect and repack the Good at any time.
(iv) We may use any method whatsoever to perform the Services.
3. The person delivering Goods to us is authorised to sign this Contract on your behalf.
4. (i) We are authorised to deliver the Goods at the address nominated by you and it is expressly agreed that we shall be deemed to have delivered the Goods if we obtain a signed delivery docket or a receipt for the Goods.
(ii) If the nominated place of delivery is unattended or if delivery cannot otherwise be effected, we may deposit the Goods at that place or store the Goods and you agree to pay us for the costs of any storage.? We may, elect to re-deliver the stored Goods at your expense.
(iii) Where the Goods are to be forwarded by rail to an address where we do not have a receiving depot then we may deliver the Goods to the rail station proximate to you.
(iv) Our charges shall be deemed fully earned from commencement of the Services and are non-refundable.? Our charges are payable within 30 days of receipt of invoice.
5. We shall have a lien on any Goods, for any amount payable by you in respect of the Goods.? We shall be entitled to provide 30 days notice of our intention to dispose of the Goods and apply the proceeds of any such sale against any amount payable.
6. We shall not be liable to you or any third party for any loss or damage to the Goods, however caused whether the loss be direct or consequential and whether arising from or in connection with the Services, or otherwise resulting from our negligence or breach of contract, including but not limited to any delay, failure to deliver, wilful act, theft or fraud or any alleged failure to provide the Services.
What you agree to do.
7. You agree to indemnify us in respect of any costs, charges, claims or liabilities, which we become exposed arising from the Services, whether you or someone else makes a claim.
8. You agree not to make any claim against us or any of our employees, sub-contractors or agents and you agree to indemnify us for all and any liabilities or costs (including legal costs) to which we become exposed on breach of this clause and in respect of the services and/or this contract.
9. You undertake not to make any claims whatsoever against any of our agents, employees or sub-contractors and you indemnify us in respect of any costs or liabilities to which we may become exposed if you breach this undertaking.
10. (i) You shall not tender for carriage or storage any volatile or explosive Goods or Goods which are or may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of such Goods, and in any event shall be liable for all loss and damage caused thereby.
(ii) If in our opinion the Goods are likely for any reason whatsoever to cause injury to persons or damage to other Goods or to property then the Goods may at any time be destroyed, disposed of, abandoned or dealt with in any fashion by us without compensation to you or without prejudice to our rights to be indemnified in respect of the costs incurred.
(iii) You warrant that you have complied with all laws and regulations relating to the packaging, labelling, storage or carriage of the Goods and that the Goods are packed in a manner adequate to withstand the risks of carriage and or storage and you indemnify us for any liability whatsoever and for all costs and expenses incurred as a result of or arising out of your failure to comply with any of these warranties.
11. If the Trade Practices Act 1974 Cth (?the Act?) applies the warranties implied by the Act are to the extent required by law implied in this Contract.
12. (i) You shall be responsible for conformity of any containers, packaging or pallets with any requirements of the consignee and for any expense incurred by us arising from any failure to so conform.
(ii) No person can alter or vary or waive this Contract unless the alteration is in writing and signed by us.
(iii) If any provision or part of any provision of this Contract is unenforceable all such remaining clauses shall be given their full force and effect.
13. This Contract shall be governed by the laws of New South Wales, and the courts of New South Wales have non exclusive jurisdiction.
