In these Terms and Conditions:
1."Business" shall mean Triple H Transport Ply Ltd.
"Consignor" shall include any person who delivers goods to the business for the provision of services.
"Goods" shall mean the cargo accepted from the consignor,
"Services" shall mean and include the whole of the operations and services undertaken by the business in respect of the goods including but not limited to the carriage or any part thereof.
"Subcontractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not the business) performs the carriage or any part thereof.
2. The business is not a common carrier and shall accept no liability as such. All goods are carried, transported and/or stored and all services by the business subject only to these terms and conditions and the business reserves the right to refuse the carriage, transport and/or storage of goods for any person, corporation or business and the carriage, transport and/or storage of any class of goods at its sole discretion.
3. (i) It is agreed that the person delivering the goods to the business is authorised to sign the documentation evidencing this contract for the consignor.
(ii) The consignor warrants that in agreeing to the terms hereof it is or has authority of the person or persons owning or having any interest in the goods or any part thereof.
(iii) Without prejudice to the generality of the foregoing, the consignor undertakes to indemnity the business 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.
4. (i) The business and any subcontractor shall be entitled to subcontract on any terms the whole or any part of the services.
(ii) The consignor undertakes that no claim or allegation 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 business) by whom (whether as subcontractor, principal, employers servant, agent or otherwise) the services or any part thereof are provided 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 indemnity the business and the person against whom such claim or allegation is made against the consequences thereof. Without prejudice to the foregoing and for the purpose of this clause the business 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
5. Every exemption, limitation, condition and liberty here in contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the business or to which the business is entitled hereunder shall also be available and shall extend to protect (a) all subcontractors; (b) every servant or agent of the business or of a subcontractor; (c) every other person (other than the business) by whom the services or any part thereof are provided; and (d) all persons who are or may be vicariously liable for the acts or omissions of any person falling within (a), (b) or (c) hereof and for the purpose of this clause the business is or shall be deemed as 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
6. (i) if and only if the business has agreed to insure the goods then the business is liable to the consignor, in relation to the provision of services, for physical loss of or damage to the goods up to the limit of such insurance.
(ii) In any event subject only to sub-clause (i) and to clause 23 hereof the goods are at the risk of the consignor and not the business and the business shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or miss delivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason whatsoever including without limiting the foregoing the negligence or breach of contract or willful act of default of the business or others and this clause shall apply to all such loss of or damage of or deterioration of goods or miss delivery or failure to deliver or delay in delivery of goods as a foresaid whether or not the same occurs in the course of performance by or on behalf of the business or the contract or in events which are in the contemplation of the business and/or the consignor or in events which are foreseeable by them or in events which could constitute a fundamental breach of the contractor a breach of a fundamental them thereof
7, If the consignor expressly or impliedly instructs the business to use or it is expressly or impliedly agreed that the business shall use a particular method of handling or storing the goods or a particular method of carriage whether by road, rail, sea or air the business shall give priority to that method but in any event the method or methods of handling, storing and/or carriage adapted by the business shall remain at the sole discretion of the business and the consignor hereby authorises the business to adopt any method or methods other than the method instructed or agreed.
8. The consignor hereby authorises any deviation from the usual route of carriage or place of storage of goods which may in the absolute discretion of the business be deemed desirable or necessary in the circumstances,
9. (i) The business is authorised to deliver the goods at the address nominated to the business by the consignor for that purpose and without prejudice to the foregoing it is expressly agreed that the business shall be conclusively presumed to have delivered the goods in accordance with this contract if at that address he/she obtains from any person a receipt or signed delivery docket for the goods.
(ii) If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the business the business may at its option deposit the goods at the place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the business the consignor shall pay or indemnify the business for all costs and expenses incurred in or about such storage. In the event that the goods are stored by the business the business shall be at liberty to redeliver them to the consignor from the place of storage at the consignor’s expense.
10. Where the goods are accepted for forwarding by rail to an address in a town or to the place where the business has no receiving depot the goods shall be deemed duly delivered according to this contract if they are delivered to the nearest railroad.
11. The consignor shall be and remain responsible to the business for all its proper charges incurred for any reason. A charge may be made by the business in respect of any delay in excess of thirty minutes in loading or unloading occurring other than from the default of the business. Such permissible delay period shall commence upon the business reporting for loading or unloading. Labor to load goods shall be the responsibility and expense of the consignor or consignee,
12. The business's charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the consignor's premises or accepted for storage and shall be payable and not refundable in any event.
13. The business shall have a lien on the goods and any documents relating thereto and on any other goods of the consignor in the possession of the business or any documents relating thereto for all Burns payable by the consignor to the business and for that purpose shall have the right to sell such goods by public auction or private treaty without notice to the consignor,
14. (i) The consignor shall not tender for carriage or storage any volatile spirits. explosive goods or goods which are or may become dangerous, inflammable or offensive (including radio-active materials)or which are or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of such goods and in any event shall be liable for all loss and damage caused thereby and if in the opinion of the business the goods are or are liable to become of a dangerous, inflammable, explosive, volatile, offensive or damaging nature the same may at any time be destroyed, disposed of, abandoned or rendered harmless by the business without compensation to the consignor and without prejudice to the business's right to any charges hereunder.
(ii) The consignor warrants that it has compiled with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the goods and that the goods are packed in a manner adequate to withstand the consignor's failure to comply with each of these warranties.
15. It is agreed that the consignor shall be responsible for the conformity of any containers, packaging or pallets with any requirements of the consignee and for any expense incurred by the business arising from any failure to so conform.
16. It is agreed that no servant or agent of the business nor any other person has any power to waiver or vary any of the terms hereof unless such waiver or variation is in writing and signed by an executive officer of the business.
17. If the business 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 business in the State in which delivery was or ought to have been effected within seven (7) days after delivery was effected or would in the ordinary course of business have been effected,
18. Notwithstanding any other provision hereof other than clause 23 hereof the business shall in the event be discharged from all liability whatsoever in respect of the goods unless suit is brought within six (6) months from their delivery or from the date on which in the ordinary course of business delivery would have been effected.
19. All goods received by the business for carriage, forwarding or storage are accepted subject to the condition that the business shall accept no responsibility for the collection of cash on delivery or any other payments on behalf of the consignor or any other person. When the goods are tendered by any person with instructions for the business to collect any such payments the business shall not be bound by such instructions notwithstanding that the business may accept the goods as tendered and perform other services of carriage, forwarding or storage in relation to those goods.
20. All the rights, immunities and limitations of liability in the above terms shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contract or any of these terms and conditions hereof by the business or any other person entitled to the benefit of such provisions.
21. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable such unenforceability shall not effect any other part of such provision hereof.
22. The consignor acknowledges that it is aware of and understands any applicable legislation relating to the disposal of uncollected goods and confirms that it’s place of abode for the purpose of that legislation is that set out on the documentation evidencing this contract.
23. Notwithstanding anything herein contained the business shall continue to be subject to any implied 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 such warranty.