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Terms & Conditions of Contract and/or Storage

1. In these Conditions "Carrier" shall mean MTA McHaffie Transport Australia, the servants, agents, and sub-contractors. "Sub-contractors" shall mean any other person, firm, company, their servants, agents, and sub-contractors or any Government Instrumentally with whom the carrier may make any containers and packaging pursuant to this contract. "Goods" Shall mean whatever is carried or stored including containers and packaging pursuant to this contract. Singular words shall Include the Plural and vice versa. Words importing the masculine gender shall include the feminine and neuter the genders. "Person" shell Include firm, company, or corporation. "Contract" shall mean the contract between the Carrier and the Consignor, including those conditions and when there is more than one Consignor, they shall be bound hereunder jointly and severally. "Consignor" shall mean any person sending or tendering any Goods for carriage and/or stored by the carrier. “consignee" shall mean any person receiving or accepting any Goods carried and/or stored by the Carrier.

2. The Consignor expressly warrants that the consignor his agent has been given the express power, right and authority to enter into agreements with the carrier for the carriage or storage of goods as agent for and on behalf of the Consignee and/or the owner of such Goods and/or any other party having a proprietary or financial interest In such Goods. Similarly the person delivering such Goods to the Carrier warrants that he has been given the express power, right and authority to sign this Contract and to accept the Conditions of Carriage and/or Storage contained therein as agent for the Consignor. Without prejudice to the generality of the foregoing, the Consignor undertakes to indemnity the carrier in respect of any liability whatsoever in respect of the Goods to any person (other than the Consignor) who claims to have, who has or may hereafter have any interest In the Goods or any part thereof.

3. The carrier is not a Common Carrier and will accept no liability as such. All goods are carried and all storage and other services are performed by the Carrier subject only to these Conditions of Cartage and/or Storage and the Carrier reserves the right to accept or refuse the carriage and/or storage of any class or Goods for any person at its discretion.

4. The Goods are at the risk of the Consignor and not the Carrier and the carrier shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of Goods or mis-delivery or failure to deliver or delay in delivery of goods either in transit or storage including any chilled, frozen, refrigerated or perishable goods for any reason whatsoever including without limiting the foregoing the negligence or breach of contract or wilful act or default of the Carrier or others and this condition shall apply to all such loss of or damage to or deterioration of Goods or mis-delivery or failure to delivery or delay on delivery of Goods whether or not, the same occurs in the course of performance by or on behalf of the carrier of the Contract or in events which are in the contemplation of the Carrier and/or Consignor or in 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.

        5. The Consignor warrants that the Goods tendered for carriage and/or storage do not contain any explosive, volatile spirits or other cargo of a dangerous, inflammable or offensive nature or cargo the carriage and/or storage 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 labelling. The consignor thereby indemnities the Carrier in respect of the Carrier’s liability for death, bodily injury, loss and or damage occurring directly or indirectly as a result of or arising out of the Consignor’s failure to comply with this warrant. The Consignor shall not tender for carriage of volatile spirits or explosive Goods or Goods which are or may become dangerous, inflammable or offensive (including radio-active materials) or which are or may become dangerous, inflammable, explosive, offensive or damaging nature the same many at any time be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Consignor and without prejudice in the Carrier’s charges hereunder.

6, 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 an officer of the Carrier.

7. The Carriers charges shall be considered earned as soon as the Goods are delivered to the Carrier for despatch or storage or as soon as they are loaded and dispatched from the Consignor’s premises and under no circumstances will any of the Carrier’s charges for freight or storage be refunded.

8. The Consignor will be and remains responsible to the Carrier for all its proper charges for any reason whether the Goods are delivered to the Consignee or not and whether damaged or otherwise. All charges for storage are due and payable quarterly in advance with a proportionate adjustment for a shorter period of storage all additional charges, (if any) are payable with the next quarterly charges for storage after the same incurred. The Carrier shall charge interest calculated at current bank rates and such amounts shall be payable on all overdue amount. All charges for freight and/or storage are subject to surcharges or discount from time to time without notice.

9. If any of the Goods are subject to the control of the Customs then the Consignor hereby agrees to hold the Carrier harmless and indemnity it in respect of all customs duty, excise duty and costs which the company may become liable to pay in respect of such Goods pursuant to any law relating to customs or excise.

10. Seven (7) days clear notice must be given to the Carrier before removal of Goods from storage can be affected.

11.Upon notice in writing being given by or on behalf of the Carrier to the Consignor requiring the Consignor to remove any stored Goods or any part of them the Consignor must within one month form the date of the giving of such notice pay any charges to which the general lien of the Consignor extends and remove and take away the Goods or part thereof. If upon expiration of one (1) month from the giving of such notice the Consignor has failed to pay such charges as aforesaid and to remove the Goods or part thereof the Carrier may remove such Goods or part thereof and store then in such a place and in such a manner as it thinks proper and at the risk and expense of the Consignor.

12. If the rent or charges in respect of the Goods or part thereof shall be in arrears and unpaid for (3) months the Carrier may give (7) seven days’ notice to the Consignor requiring the Consignor to pay the rent or charges in arrears and unpaid. Such notice may be given by sending the same through the post to or by leaving it at the consignor last known place of business. If upon the expiration of seven (7) days from the giving of such notice the Consignor has failed to pay such rent or charges the Carrier may open any package or container in which the Goods are contained any may sell such Goods or part thereof and the Carrier shall not be liable to any person for any loss or damage thereby caused.

13. The Carrier herby authorises the Carrier to arrange with Sub-contractors for the carriage and/or storage of Goods the subject of the Contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of such Goods to such Sub-Contractor who shall thereupon be entitled to the full benefit of these terms and conditions of the same extent as the Carrier insofar as it may be necessary to ensure that such Sub-contractors shall be entitled the carrier shall be deemed to enter into this Contract for its own benefit and also the agent for the Sub-contractor.

14. The Carrier and any Sub-contractor shall be entitled to sub-contract on the whole or any apart of the carriage. The Consignor undertakes that no claim shall be made, whether by the Consignor or any other person who is or may hereafter be interested in the Goods against any person, (other than the Carrier) by who )whether as the sub-contractor, principal, employee, servant, agent or otherwise) the carriage of any part thereof is performed or undertaken which imposes or attempts to impose upon such person any liability whatsoever in connection with the Goods whether or not arising out of negligence on the part of such person and if such claim or allegation should nevertheless be made to indemnify the Carrier and the person against whom such claim or allegation is made against the consequences thereof.

15. The Carrier shall have a lien on the Goods and any documents relating thereto and any other Goods of the Consignor in the possession of the Carrier or any documents relating thereto for all sums payable by the Consignor to the Carrier and for that purpose shall have the right to sell any such Goods by public auction or private treaty without notice to the Consignor.

16. Notwithstanding anything herein contained purporting to limit or exclude the liability of the Carrier, the Carrier shall continue to be subject to all statutory warranties (implied or otherwise) it and the to the extent that they are applicable to this Contract in respect of contracts made in Queensland and in any other case where the carriage or any part thereof is subject to the Carriage of Goods by Land (Carriers’ Liability) Act 1967 of that state, these Conditions shall continue in full force and effect to extend that they are or any part thereof is void by operation of the Act. Notwithstanding anything herein contained the Carrier shall continue to be subject to any 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 modification of any such warranty.

17. It is hereby agreed that if any provision or part of any provision of this Contract is unenforceable such enforceability shall not affect any other part of such provision of any other provision hereof.

18. If the Carrier is liable for damage to or loss of the Goods or any part thereof, no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of the Carrier in the State in which delivery was or was to have been effected with seven (7) days after delivery was effected or would in the ordinary course of business have been affected. Notwithstanding any other provision hereof other than Clause 16 hereof the Carrier shall in any event be discharged from all liability whatsoever in respect of the Goods unless suit is brought within six (6) months from there delivery or from the date on which in the ordinary course of business delivery would have been affected.

19. The Consignor hereby authorises 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. If the Consignor 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 cannot conveniently be adopted by the Carrier, the Consignor hereby authorises the Carrier to handle or store or carry or have the Goods carried by another method.

20. The Carrier is authorised to deliver the Goods at the address given to the Carrier by the Consignor 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 the address hr obtains from any person a receipt or a signed delivery docket for the goods. If the nominated place of delivery should be unattended or if delivery cannot otherwise be affected by the Carrier, the Carrier may at its option deposit the Goods at that place (which shall be conclusively presumed to be due delivery hereunder) or attempt to redeliver the Goods and to make an additional charge for every call made or the amount of time of any delay unit the delivery is effected or store the Goods and it the Goods are stored by the Carrier the Consignor shall pay or indemnify the Carrier for all costs and expenses incurred in or about such storage in the event that the goods are stored by the Carrier. The Carrier shall be a liberty to redeliver them to the consignor from the place of storage at the Consignors’ expense.

21. Notwithstanding the freight rates charged or the designation given to the Goods neither the Carrier nor the other parties described in Condition 13 shall be liable for any damage, injury, delay or loss of any nature sustained by the Consignor or Consignee (Receiver) howsoever arising out of or incidental to the carriage of Goods or other service provided pursuant to this Contract or a variation thereof of a subsequent contract between the Carrier and the Consignor affecting the Goods by the Carrier or any other party and whether or not the same shall be due or alleged to be due to misconduct or negligence and whether or not the same was caused by an act or omission which was authorised or permitted or was within the scope of this contract including deviation, failure to deliver, mis-delivery or delivery to an unauthorised person.

22. The provisions of these Conditions of Carriage and/or Storage shall apply to the container or containers or other packaging containing the Goods and to any pallet or pallets delivered with the Goods delivered to the Carrier. The Consignor shall be responsible for the conformity of such containers, packaging, and pallets with any requirements of the consignee for the expense incurred by the carrier arising from any failure so to conform.

23. Every special instruction to the effect that the charges shall be paid by the Consignee shall be deemed to include a stipulation that if the Consignee does not pay the said charges within seven (7) days of the date set for payment, or if no date is set for payment within seven (7) days of delivery or tendered delivery of the Goods, then the Consignor shall pay the said charges within seven (7) days of being notified of the Consignee’s failure to pay as aforesaid.

24. The Carrier may charge freight by weight, measurement of value, and may at any time reweigh, remeasure, revalue, or require the Goods to be Reweighed, remeasured, or revalued and charge proportional additional freight accordingly.

25. These conditions shall be governed and construed in accordance with the laws of the State in which the Consignment note is issued and any proceedings against the Carrier shall be brought in that State and not elsewhere within twelve (12) months from the date of the Contract MATERIAL HANDLING EQUIPMENT Material handling equipment such as pallets, gluts, strapping etc. will be received only as part of a consignment and as such MTA McHaffie Transport Australia accepts no liability for the control or return of or replacement of such items.

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