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CONDITIONS OF CARRIAGE                                              To download a PDF version
of our Terms & Conditions


1.          DEFINITIONS

In these conditions:

"Carrier" means Caloundra Livestock Transport ABN 62 448 961 838
and its servants, agents and Subcontractors.

"Carriage" means the whole of the operations and services undertaken by the Carrier or any Person on behalf of the Carrier in respect of the Goods (whether gratuitously or not), including but without limiting the generality hereof, loading, unloading and Storage of the Goods.

"Dangerous Goods" means Goods which are or may become noxious, infectious, dangerous, inflammable or damaging, or which are or may become liable to damage any person, animal or any property whatsoever.

"Goods" means the property (including live animals) from time to time accepted by the Carrier from the Consignor for Carriage and includes any container, pallet or packaging supplied by or on behalf of the Consignor.

"Person" includes a corporation, company, partnership or any other entity.

“Store” and “Storage” includes, but is not limited to pasturing and agistment.

"Subcontractor" includes any person who pursuant to a Contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part thereof.

2.          NEGATION OF LIABILITY OF AS A COMMON CARRIER

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 and the Carrier reserves the right to refuse the Carriage of Goods for any Person, corporation, company or other entity and the Carriage of any class of goods at its discretion.

3.          GOVERNING LAW

3.1     This Agreement is governed by and is to be construed in accordance with the laws of the                State of Queensland.

3.2     Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the               Courts of Queensland and Courts entitled to hear appeals from those Courts.

4.          CONSIGNOR'S WARRANTIES

4.1     The Consignor warrants that –

            (a) The Goods are fit for Carriage and have been suitably packaged for those purposes;

            (b) The Consignor has the authority of all Persons owning or having any interest in the                           Goods to enter into this Contract on their behalf;

            (c) The Person delivering any Goods to the Carrier for Carriage is authorised to sign this                       document for the Consignor and by such signature or by the signature of any other                           Person acting for or on behalf of the Consignor the Consignor accepts these conditions;

            (d) The details of description, items, pallet space, quantity, weight, quality, value and                               measurements supplied by the Consignor are correct;

            (e) The Consignor will supervise the loading of any livestock to be carried by the Carrier,                       and prior to the departure of the Carrier’s vehicle, will satisfy itself that all livestock have                   been safely and correctly loaded into the Carrier’s vehicle.

4.2     Without prejudice to the generality of the foregoing, the Consignor undertakes to indemnify           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 who may hereafter have any interest in           the Goods or part thereof.

5.          RIGHT TO SUBCONTRACT

The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.

6.          EXTENSION OF EXEMPTIONS TO SUBCONTRACTORS

6.1  The Consignor agrees that no claim or allegation shall be made against any servant, agent,             or Subcontractor of the Carrier which imposes or attempts to impose upon such Person any             liability whatsoever arising out of or in any way connected with the Goods and/or the Carriage         thereof whether or not arising out of negligence or a wilful act or omission on the part of any of         them and if such claim or allegation should nevertheless be made to indemnify the Carrier             against all consequences thereof.

6.2  Every exemption, limitation, condition and liberty hereincontained and every right, exemption         from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which         the Carrier is entitled hereunder shall also be available and shall extend to protect -

        (a) All Subcontractors;

        (b) Every servant or agent of the Carrier or of a Subcontractor;

        (c) Every other Person (other than the Carrier) by whom the Carriage or any part thereof is                   undertaken;

        (d) All Persons who are or might be vicariously liable for the acts or omissions of any Person               falling within (a), (b) or (c) hereof;

             and for the purposes of this clause the Carrier is or shall be deemed to be acting as agent              or Trustee on behalf of and for the benefit of all such Persons and each of them and all                      such Persons and each of them shall to this extent be or be deemed to be parties to this                  Contract.

7.          ROUTE AND DEVIATION

7.1  The Consignor authorises any deviation from the usual route or manner of Carriage of Goods         which may in the absolute discretion of the Carrier be considered desirable or necessary in             the circumstances.

7.2  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, the Carrier will give priority to that method but if it cannot             conveniently be adopted by the Carrier the Consignor authorises the Carrier to handle or                 Store or to carry or to have the Goods Stored or carried by another method or methods.



8.          DELIVERY

8.1  The Carrier is authorised to deliver the Goods at the address nominated to the Carrier by the         Consignor for that purpose. The Carrier shall be conclusively presumed to have delivered the         Goods in good order and condition in accordance with this Contract if at that address it                     obtains from any Person a receipt or signed delivery docket for the Goods.

8.2  If the nominated place of delivery should be unattended or if delivery cannot otherwise be                 effected by the Carrier or the Consignee otherwise fails to take delivery of the goods the                 Carrier may at its option deposit the Goods at that place (which shall be conclusively                         presumed to be due delivery hereunder) or Store the Goods and if 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.

9.          LIABILITY OF CARRIER

9.1  The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or         Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods         at any time pursuant to this Contract shall in any circumstances (except where any statute                 otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for         any personal injury or loss of or injury, damage to or death, deterioration, infection,                             evaporation or contamination of the Goods, or misdelivery, delay in delivery or non delivery of         the Goods or any of them whether in the course of Carriage or otherwise or for any                             consequential loss or injury of any kind whatever whether such injury, loss, damage, death,             deterioration, infection, evaporation, contamination or misdelivery, delay in delivery, non                 delivery or consequential damage or injury is caused or alleged to have been caused by the         negligence or wilful act or default of the Carrier or its officers, servants or agents, its                         Subcontractors, or by any cause whatever.

9.2  The Carrier shall be entitled to the benefit of the exclusion of liability provided for herein even         if it is proved that the loss or damage resulted from an act or omission done with intent to                 cause damage, or recklessly and with knowledge that damage would probably result.

9.3  Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of             the Contract or otherwise shall under any circumstances constitute a fundamental breach of             the Contract, or a repudiation of the Contract such as to have the effect of disentitling the                 Carrier from obtaining the benefit of and enforcing all rights, defences, exemptions,                         immunities and limitations of liability of the Carrier contained in these conditions, and all such         rights, defences, exemptions, immunities, limitations of liability and like protection shall                     continue to have full force and effect in any event whatsoever.

10.        GENERAL LIEN

10.1  The Goods are accepted subject to a general lien for all charges now due or which may                   hereafter become due to the Carrier by the Consignor on any account whatsoever, whether           in respect of the Goods comprised herein, or in respect of any other goods for which the                   Carrier provides or has provided services of Carriage.

10.2  If charges are not paid when due, or the Goods are not collected when so required or                       designated, the Carrier may, without notice, and immediately:-

          (a) remove all or any of the Goods and Store them as the Carrier thinks fit at the Consignor’s                 risk and expense;

          (b) open and sell all or any of the Goods (by public auction or by private treaty) as the Carrier                 thinks fit and apply the proceeds to discharge the lien and costs of sale without being                         liable to any Person for any loss or damage caused.

11.        CARRIER'S CHARGES

11.1  The Carrier's charges shall be deemed fully earned on receipt of the Goods by the Carrier               and are non refundable in any event.

11.2  Any special instruction given by the Consignor to the effect that charges shall be paid by the           Consignee or any other third party shall be deemed to include a stipulation that if the                       Consignee or third party does not pay the charges within seven days of the date of delivery           or attempted delivery of the Goods the Consignor shall pay such charges.

11.3  The Carrier may make an additional charge in respect of any delay in excess of twenty (20)           minutes in loading or unloading occurring other than by the default of the Carrier. The                       Carrier may also charge to the Consignor any expenses or other charges incurred by the               Carrier in relation to or in any way connected to the Carriage of the Goods including but not           limited to charges to hire specialist equipment, feed charges, charges required to comply               with government regulations and veterinary charges.

11.4  The cost of labour to load and unload the Goods is and shall remain the responsibility of the           Consignor.

11.5  Any overdue payments shall attract interest at a rate of 15% per annum on daily rests,                       compounded monthly.


12.        DANGEROUS GOODS

12.1  The Consignor warrants that, except as may be notified in writing prior to acceptance of the           Goods for Carriage, the Goods are not Dangerous Goods.

12.2  If the Carrier agrees to accept Dangerous Goods for Carriage, such Goods must be                           accompanied by a full written declaration disclosing the nature of such Goods.

12.3  The Consignor shall indemnify the Carrier against all loss (including consequential loss)               damage or injury howsoever caused arising out of the carriage of any Dangerous Goods               whether declared as such or not and whether or not the Consignor was aware of the nature           of the Goods.

12.4  If in the opinion of the Carrier, the Goods are or are liable to become of a dangerous and/or           flammable and/or damaging and/or infectious nature, the Goods may at any time be                           destroyed, disposed of, abandoned or rendered harmless without compensation to the                   Consignor and without prejudice to the Carrier's right to charge for the Carriage of the                       goods.

12.5  The Consignor warrants that it has complied with all laws and regulations relating to the                   nature, packaging, labelling or cartage of any Dangerous Goods and that the said Goods               are packed in a manner adequate to withstand the ordinary risks of Carriage having regard           to their nature and agrees to indemnify the Carrier for any liability whatsoever as a result of           or arising out of the Consignor's failure to comply with each of these warranties.

13.        NOTIFICATION OF CLAIM

13.1  Notwithstanding any other provision hereof (other than Clause 15), the Carrier shall in any               event be discharged from all liability whatsoever in respect of the Goods unless written                   notice of a claim or an intended claim (together with particulars of the circumstances on                   which the claim is based) is given to the Carrier within seven (7) days from the delivery of the           Goods or from the date on which in the ordinary course of business, delivery would have               been effected.

13.2  The Carrier shall in any event be discharged from all liability whatsoever in respect of the               Goods unless suit is brought within six months of their delivery or of the date when they                   should have been delivered.

14.        PROVISIONS SEVERABLE

The parties acknowledge and agree that if any provision or part of any provision of this Contract is unenforceable, such unenforcability shall not affect any other part of such provision or any other provision hereof.

15.        TRADE PRACTICES ACT/OTHER LEGISLATION

Notwithstanding anything herein contained the Carrier shall continue to be subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (Cth) or any other Commonwealth or State legislation in so far as such may be applicable and prevents the exclusion or modification of any such term, condition or warranty.

16.        ENTIRE AGREEMENT

16.1  This Agreement set out the entire agreement of the parties with respect to its subject matter.           No other Agreement, warranty or representation, express or implied has been given or made           by the parties with respect to the Carriage of Goods.

16.2  The Carrier shall not be bound by any agreement purporting to vary these terms and                       conditions unless such agreement is in writing and signed on behalf of the Carrier by an                   authorised officer of the Carrier.

17.        INTERPRETATION

17.1  Headings are inserted for ease of reference only and shall be disregarded in the                               interpretation of this Contract.

17.2  Words importing the singular include the plural and vice versa and words importing a                       gender include other genders.

17.3  Where the Consignor or Consignee comprise two or more Persons an agreement or                       obligation to be performed or observed by the Consignor or Consignee binds those Persons           jointly and severally.


 
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