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Terms of Trade

In these conditions Carrier shall mean the company the name of which, appears on the face of this C) documents its servants and agents Sub-contractor shall mean and include All companies which are now subsidiaries of the Carrier within the meaning of that expression as defined In Section 6 of the New South Wales Companies Act 1961 Railways operated by commonwealth or any state Any other person firm or company with whom the carrier may arrange the carriage of any goods the subject of this contract And any person who is now or hereafter a servant agent employee or sub-contractor of any of the persons referred to in (i) (ii) and (iii) above The Carrier is not a Common Carrier and will accept no liability as such All articles are carried or transported and all storage and other services are performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse carriage or transport or articles for any person corporation or company and the carriage or transport of any class of articles at its discretion The Sender hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor or contractors for the carriage of any goods the subject of this contract Any such arrangement shall be deemed to be ratified by the Sender upon delivery of the said goods to such sub-contractor or sub-contractors who shall thereupon be entitled to the full benefit 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-contractor or 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 If the sender expressly or impliedly instructs the Carrier to use or it is expressly or impliedly agreed that the Carrier will use a particular method of handling or storing the goods or a particular method of carriage whether by road rail sea or air the Carrier will give priority to that method but if it can not be conveniently adopted by the Carrier the Sender hereby authorises the Carrier to handle or store or to carry or have the goods carried by another method or methods The goods are at the risk of the Sender and not the Carrier and unless expressly agreed in writing and subject to clause 16 hereof the Carrier shall not be responsible in tort or contract or otherwise for any loss of or danger to 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 willful 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 miss-delivery or failure to deliver or delay in delivery of goods as a foresaid whether or not the same occurs in the course of performance by the Carrier of the Carrier of the contract or in events which are in the contemplation of the Carrier and/or or the Sender or in the 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 The Carrier is authorised to deliver the goods at the address given to the Carrier by the Sender for the purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Sender The Sender expressly warrants with the Carrier that the Senders either the owner or the authorised agent of the owner of any goods or property the subject matter of the contract of cartage and by entering into this contract the Sender accepts these conditions of contract for the Receiver as well as for all other persons on whose behalf the Sender is acting Without derogating from clause 5 above it is expressly agreed that all the rights, immunity exemptions from and limitations of liability granted to the Carrier by 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 Sender or are foreseeable by them or either of them or would constitute a fundamental breach of the contract or a breech of a fundamental term thereof The Sender hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute descretion of the Carrier be deemed reasonable or necessary in the circumstances I respect of contracts made in Queensland these conditions shall be read subject to the carriage of goods by land (Carrier’s Liability) Act 1976 of that state but except where repugnant to the provisions of that Act shall continue to apply The Carriers charges shall be considered earned as soon as the goods are loaded and dispatched from the Sender’s premises The Sender will be and remain responsible to the Carrier for all its proper charges incurred for any reason The Sender shall comply with all applicable laws customs and other government regulations 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 and/or expense due to Senders failure to comply with this provision The Sender warrants that except as shown in any accompanying senders certification the consignment does not contain any explosive volatile spirits or other cargo of a dangerous inflammable or offensive nature or cargo the carriage of which by the Carrier would be illegal or prohibited by any law or regulation of any State Territory or the Commonwealth due to its nature packaging or labeling The Sender hereby indemnities 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 of the Senders failure to comply with this warranty The provisions 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 Sender shall be responsible for the conformity of such containers packaging and pellets with any requirements of the receiver and for expense incurred by the Carrier arising from any failure so to conform 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 prevents the exclusion restriction or modifications of that warranty The current standard Terms and Conditions of Contract of 52AS Pty Limited 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 these 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

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