Conditions of Carriage
If you as consignor enter into a contract with us as carrier for the transport of any goods, including animals such as horses, the contract between us will be on the following conditions:
1. Not a Common Carrier
We are not a common carrier and will not accept any liability as such. We reserve the right to refuse to carry any goods for any person at our discretion and without giving any reason.
2. Our Rights
We reserve the following rights in our absolute discretion:
2.1. To carry goods by any route we see fit and either alone or with other goods belonging to any other person.
2.2. To deviate from or alter at any time the route chosen for the carriage of the goods.
2.3. To carry the goods in any manner and by any means or methods we think fit, provided that if you expressly request us to adopt a particular manner or method of carrying the goods we will use our best endeavours to do so.
2.4. To perform the contract with the assistance of sub-contractors chosen by us.
2.5. If the goods are not accepted for delivery when tendered at the delivery address, we may hold the goods as bailee and shall be entitled to storage fees at our normal rates. We shall not be under any liability for any loss of or damage to the goods howsoever caused. Alternatively we may choose to return the goods to you at your own cost and risk.
2.6. If we are unable or unwilling to complete our obligations under the contract, liability to you is limited to either providing the same service again at another time or paying the cost of having the service supplied again, as determined by us.
3. Our Obligations to You
Subject to the provisions hereof, our obligations to you will be to collect the goods from and deliver them to the addresses that you nominate. The evidence to confirm that the contract has been performed will be in the form of either a receipt or delivery order signed by any person at the delivery address or if we deliver to you a certificate signed by our representative to the effect that the goods have been delivered to the address that you have nominated.
4. Your Obligations to Us
You as consignor agree to the following conditions:
4.1. The goods will at all times be at your risk and we will be under no obligation to ensure the goods against any insurable risk whatsoever. You warrant that the goods will be fully insured against all risks which may arise during the carriage of the goods and, unless you notify us otherwise in writing before commencement of the carriage, any animals are in good health and condition. Neither we nor any of our sub-contractors will in any way be liable or responsible for any loss or damage resulting from any act or omission, whether negligent or otherwise. You shall be responsible for ensuring that sufficient provision is made for the feeding and watering of any animals to be transported for the whole time that the animals are in transit. We shall not be responsible for any loss or damage or any illness affecting the animals arising from the lack of or the provision of food and water.
4.2. You release us from any liability in tort or contract arising from any loss of or damage or injury to or deterioration of the goods or misdelivery or failure to deliver or delay in delivery of the goods for any reason whatsoever. This includes negligence, wilful act or default of any person and you indemnify us against any such liability to any other person.
4.3. You indemnify us and our sub-contractors in respect of any loss, damage or injury caused to us or any of our sub-contractors or any other person or any property of ours or of any other person by the goods during the carriage thereof. You indemnify and keep us and our sub-contractors indemnified against all damages, claims, suits and demands made by any person in respect of any such loss damage or injury.
4.4. You warrant that you are either the owner of the goods or an agent of the owner who is authorised to enter into this contract. You indemnify us and our sub-contractors against any claims, suits, actions, demand, losses, costs, damages and expenses incurred by us or our sub-contractors arising from a breach of any of the conditions or warranties contained in this contract.
4.5. It is your responsibility as consignor to give us the correct addresses for pick up and delivery and to arrange for a responsible person to be present at each of those addresses at the correct time of pick up and delivery to enable us to pick up the goods and make effective delivery. We shall not be liable for any delay in onward carriage or delivery or loss or damage resulting from your failure to comply with this condition.
4.6. It is your responsibility as consignor to comply with all the relevant laws customs and regulations of the Commonwealth of Australia and any State or Territory thereof in relation to the preparation or handling of the goods for carriage. You shall furnish all information and provide all notices and documents in connection with the goods as may be necessary to comply with such laws, customs and regulations. We accept no responsibility for any damage, loss or expense incurred due to your failure to comply with such laws, customs and regulations.
4.7. You release us from any liability arising from our failure to comply with any of the terms and conditions of this contract which may be caused by fire, strike, war, insurrection, government restrictions, riots, acts of God, acts of third parties or other causes beyond our control. However we shall use our best endeavours to cure any such default and to comply with the terms and conditions of this contract as soon as it is practicable.
4.8. You shall pay our fees and charges due under the contract within 7 days of receipt of our invoice. If you fail to pay the fees and charges within that time we shall be entitled to charge interest on the outstanding amount at the rate of 12% per annum together with a statement charge of $20. Interest shall be calculated from the date which is 10 days after the date of the invoice until the date payment is received by us.
5. Governing Law
This contract shall be governed in all respects and construed according to the law of New South Wales. The parties agree to submit to the jurisdiction of the courts of that state.
Definitions
6. 'Carriage' means 'the dispatch, pick-up, carriage, transportation, storage, consignment, delivery, agistment, resting, temporary depasturing, livery or any other service performed by the carrier in relation to the goods'.
7. 'Goods' includes all animals and any other incidental items or accessories.
8. 'We' means its servants, agents and sub-contractors.
9. 'You' means the consignor and any person, firm, body, corporation or company which places an order with us for the carriage of goods.