Terms of service.
CONDITIONS OF CONTRACT
1. In these conditions: -
“Carrier” shall mean D & L Mendelson Earthmoving Pty Ltd trading as Independent Equipment Transport, its servants and agents. “Sub-contractor” shall mean and include: -
i Any person, firm or company with whom the Carrier may arrange for the carriage of any goods the subject of this contract.
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 THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON CORPORATION OR COMPANY AND THE CARRIAGE OR TRANSPORT OF ANY CLASS OF ARTICLE AT ITS DISCRETION. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by a director or the Secretary of the Carrier or Proprietor.
The consignor hereby authorises the Carrier (if it should think-fit to-do so) to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such sub-contractor, who shall there upon 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 shall be so entitled the carrier shall be deemed to enter into this contract for its own benefit and also as trustee for the sub-contractor.
If the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail, sea, or air the Carrier will give priority, to the method designated, but if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorise them to carry or have the goods carried by another method or methods.
Unless otherwise expressly agreed in writing, no responsibility in tort or contract or otherwise will be accepted by the Carrier for any loss of or damage to or miss delivery or failure to deliver or delay in the delivery of goods either in transit or in storage for any reason whatsoever. The Carrier is authorised to deliver the goods at the address given to the Carrier by the consignor for that 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 they obtain proof of delivery from any person in the form a receipt or signed delivery docket for the goods.
The Carrier will effect insurance of goods if the Consignor instructs the Carrier so to do. Insurance of goods will not be affected for the benefit of the Consignor except upon their written instructions and then only at their expense and in accordance with the Carrier’s conditions of insurance in force from time to time such conditions being obtainable from any office of the Carrier.
The consignor will be and remains responsible to the carrier for all its proper charges incurred for any reason.
If any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier on reasonable demand being made in accordance with this contract, the Carrier may detain and sell all or any of the goods of that Person which are in its possession and out of moneys arising from the sale retain charges so payable and all charges and expenses of the detention and sale, and shall render the surplus, if any of the moneys arising from the sale or and such of the goods as remain unsold to the person entitled thereto. Any such sales shall not prejudice or affect charges due or payable in respect of such service or the said detention and sale.
The consignor or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.
It is agreed that the person delivering any goods to the carrier for carriage or forwarding is authorised to sign the consignment note for the consignor.
The consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any goods or property, the subject matter of this contract of cartage and by entering into this contract the Consignor accepts these conditions of contract for the consignee as well as for all other persons on whose behalf the consignor is acting.
Without derogating, from Clause 5 above the Carrier shall not be liable for any loss of market loss of use or consequential loss concealed damage or damage caused by inherent vice or nature of the goods or merchandise carried (including chilled, frozen, refrigerated or perishable goods) either in transit or in storage whether caused by the negligence wrongful act or default of the Carrier or by any other cause whatsoever.
It is expressly agreed that all the rights, immunities and limitations of liability granted to the Carrier by the Provisions set forth in the above conditions of carrying shall continue to have their full force and effect in the circumstances and notwithstanding any breach of the contract or of any conditions hereof by the Carrier.
The consignor shall be deemed to authorise any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
Where the Owner or consignor has declared the weight of the goods and the Carrier has relied upon such declared weight then the owner shall be responsible for all extra cost and risk incurred by the Carrier and shall be liable for any loss or damage or fines occasioned directly to the carrier by reason of the Carrier having relied upon such declared weight. Should weights or dimensions exceed those stipulated then any quotation is null, and void and the carrier may increase cartage fees proportionally.
Quoted charges make no allowance for waiting time and all extra costs arising from waiting time shall be an additional charge to the Owner.
On confirmation of booking and if then for any reason a Postponement or Cancellation occurs Carrier requires Min 48hrs notice of such is required, otherwise appropriate and proportional charges will be incurred by the Consignor.”
Unless otherwise stated cranes to load and unload are not included.
Quotations and agreements to carry are subject to permits being issued by the relevant authorities.
Any claimable damage caused to the Carrier’s equipment through loading / unloading processes, leaking fluids whilst stationery or in transit shall be repaired at the Consignor’s expense.
Payment of invoices will be made in accordance with the signed Purchasing Declaration above.