Common Carrier

1. The Company is not a common carrier, and reserves the right to refuse to store or to transport any goods.

Application of terms

2. The Company will provide the Services subject to these terms and conditions. A Consignee accepts these terms and conditions by making a booking with the Company. No variation of these terms and conditions are binding unless approved in writing by the Company’s general manager.

Provision of Services

3. The Company may determine how to provide the Services in its absolute discretion, including but not limited to:
   1. engagement of subcontractors, independent carriers and storage agents;
   2. determining how to transport the goods, such as by road, rail, sea or air transport; and,
   3. determining the route via which goods are transported.

4. In the event that actual or potential damages occurs or appears likely to occur to the goods, the Company, its servants or agents may take such steps as they consider reasonable in order to preserve, safeguard or salvage the goods. The Consignor hereby indemnifies the Company for all costs or expenses which are incurred as a result of any such work.

Consignor’s Obligations

5. When goods pass into the Company’s possession, custody and control, the Consignor warrants that:
   1. the goods are insured for their full value and against all risks and perils that may result in the goods being lost and damaged from the time they are delivered into the possession, power or custody of the Company until the time when the goods are delivered by or on behalf of the Company to the consignee;
   2. any Dangerous Goods are stored in suitable containers, and that full details of the Dangerous Goods are supplied in the consignment note;
   3. if the Consignor is not the owner of the goods, the Consignor is authorised to act as the owner’s agent and accepts these terms and conditions own the owner’s behalf; and,

the Consignor must indemnify and keep the Company indemnified against Claim the Company may suffer as a result of any breach of this warranty.

6. The Consignor must ensure that all import containers have a minimum of ten (10) free days from the first published date of availability. The Consignor releases and indemnifies the Company from any Claim arising as a result of the Consignor’s failure to comply with this requirement.

7. The Consignor indemnifies and must keep the Company indemnified against any Claim that may arise as a result of the transport or storage of any goods of a dangerous nature, including but not limited to goods which are inflammable, volatile, explosive, corrosive, caustic, noxious, toxic or poisonous.

Limitation of Liability & Indemnity

8. To the maximum extent permitted by law, the Company expressly disclaims any warranty or guarantee regarding the Services.

9. To the maximum extent permitted by law, the Consignor releases the Company from any Claim and indemnifies the Company against any Claim that may arise from or incidental to the Services. For the avoidance of doubt and without limiting the generality of this provision, this release and indemnity includes any Claim arising from or associated with:
   1. any delay in delivery of the goods or failure to deliver the goods by a particular time or date;
   2. damage, destruction and/or loss of the goods;
   3. the nature of the goods;
   4. the goods’ overheating, cooling, freezing, melting or perishing;
   5. water, damp or moisture; or,
   6. physical interference with the goods.

10. The releases, warranties and indemnities in clauses 5, 6, 7 and 9 enure for the benefit of the Company, its officers, employees, contractors, agents and any subcontractors, independent carriers and storage agents engaged by the Company.

11. If any law provides that there is a guarantee regarding the Services and the Company’s liability for failing to comply with that guarantee may not be excluded, then clause 8 and 9 will not apply and the Company’s liability will be limited to the following (to be determined at the Company’s discretion):
    1. the cost of supplying the Services again; or,
    2. payment for the cost of having the Services supplied again.

Payment Terms

12. Unless authorised by the Company, payment for the Services is due within 14 days of the date of invoice. Interest will accrue on overdue invoices from the date payment becomes due until the date of payment at the rate of 10% per annum calculated daily. The Consignee must not set off any payments due the Company against any amounts that may owed by the Company.

13. The Consignor acknowledges that any invoices may be served by post and/or by e-mail to the address advised to the Company from time to time, and are deemed to be received on the date of their being sent.

14. The Consignor grants the Company a lien over any of the Consignor’s goods which are in the Company’s possession, said lien securing all monies owed by the Consignee:
    1. in respect of the said goods;
    2. in respect of any other Services rendered to the Consignor and/or owner of said goods; and,
    3. any other monies that may be owed by the Consignor and/or the owner of said goods.

General

15. If any provision of these terms and conditions is invalid, void or illegal or unenforceable, that provision may be severed or read down and the enforceability of the remaining provisions will not be effected. The fact that this document or a clause of it was drafted by one party does not mean that it must be interpreted against that party’s interests.

16. Dealings between the Company and Consignee are governed and construed in accordance with the laws of the State of Victoria. The Consignee irrevocably submits to the exclusive jurisdiction of the courts of that State, and any Courts which may hear appeals from them.

Variation of terms

17. The Company reserves the right to vary these terms from time to time. The Company will post the varied terms at www.cahilltransport.com.au/terms.pdf and the variation will take effect 14 days after being posted to that website.

Definitions

18. In interpretation of these terms:
    1. Company means Cahill Transport Australia Pty Ltd ACN 151 192 504;
    2. Claim means any costs, loss (including Consequential Loss), damage, claim, action or expense (including, without limitation, legal costs on an indemnity basis);
    3. Consequential Loss means any special, indirect or consequential loss including but not limited to any loss of profits, loss of revenue, loss of goodwill and loss of business or reputation;
    4. Services means the storage and/or transport of goods.