Terms & Conditions

 

Definitions:

1. In these Conditions:

 “Carriage” means the whole of operations and Services set out in the

 Conditions and undertaken by the Contractor in respect of the Goods.

 “Conditions” means these terms and conditions part of which relates to

 Conditions of Cartage and part of which relates to Conditions of Storage.

 “Consignor” means the party named as the consignor on this Contract

 and the Consignor’s servants, employees, agents and subcontractors.

 “Consumer Contract” means a Contract between the Contractor and the

 Consignor for a supply of Services to a Consignor that is an individual

 whose acquisition of the Services is wholly or predominantly for

 personal, domestic or household use or consumption.

 “Container” includes any container trailer transportable tank, flat or pallet

 or any similar article used to consolidate goods.

 “Contract” means the contract for the cartage of Goods or the storage

 of Goods as the case may be between the Contractor and the Consignor,

 including these Conditions.

 “Contractor” means Glen Cameron Nominees Pty Ltd (ACN 005 350

 863), Cameron Interstate Pty Ltd (ACN 094 001 215) or Glen Cameron

 Pty Ltd (ACN 006 953 813) as the case dictates and their respective

 servants, employees, agents and sub-contractors.

 “Freight and Charges” means freight and all expenses and money

 obligations incurred and payable by the Consignor in respect of the

 Goods.

 “Goods” means any goods described in any consignment note or

 quotation accepted by the Contractor from the Consignor for cartage or

 storage (as the case may be) and/or any substituted goods and includes

 any Container not supplied by or on behalf of the Contractor.

 “GST Act” means A New Tax System (Goods and Services Tax) Act 1999

 (Cth) as amended.

 “Laws” means all applicable laws and regulations including, but not

 limited to, the Australian Code for the Transport of Dangerous Goods

 by Road and Rail, the National Transport Commission’s compliance and

 enforcement policies, all applicable Road Transport and Safety

 Legislation, Dangerous Goods Acts and Regulations and all applicable

 Occupational Health and Safety legislation and regulations (whether

 State or Federal) relating to compliance and enforcement, chain

 of responsibility and the like in respect to the safety, nature, packaging,

 classifi cation, description, labelling or carriage of goods

 “Person” includes any individual, fi rm, corporation, government authority

 or any State, Territory or Federal government.

 “PPSA” means the Personal Property Securities Act 2009 (Cth) as amended.

 “Services” means the services set out in the Conditions and includes the

 cartage and storage of Goods.

 “Security Interest” has the same meaning as under the PPSA.

 “Shipping Contract” means:

 (a) a Contract of marine salvage or towage; or

 (b) a charterparty of a ship; or

 (c) a Contract for the carriage of goods by ship, which includes a

 reference to any Contract covered by a sea carriage document within

 the meaning of the amended Hague Rules referred to in section 7(1)

 of the Carriage of Goods by Sea Act 1991 (Cth);

 “Sub-contractor” means:

 (a) any person the Contractor arranges to provide Services for the

 Goods; or

 (b) any Person who is a servant, agent, employee or Sub-contractor of

 the Contractor in paragraph (a) of this defi nition.

 “Labour Cost Orders” means any order or determination of a court or

 tribunal that impacts on the requirement to pay employees and/ or

 contractors higher or different rates of remuneration or to provide higher or

 different conditions of employment or engagement, but

 excludes an order approving an enterprise agreement under the Fair Work

 Act 2009.


Consumer Contract

 2. If the Contract between the Contractor and the Consignor is a

 Consumer Contract and is not a Shipping Contract:

 (a) Condition 25(c) does not apply; and

 (b) the laws in force in the place in which the Contract is made apply.


Conditions of Cartage

 3. The Contractor carries the Goods subject to and liable in every respect

 to any applicable bills of lading and airway bills issued by, and/or

 conditions or terms imposed or required by, any vessel or aircraft

 operators, any railway, port, or harbour authority or any Contractor

 who is otherwise instructed in writing by the Consignor.


4. Notwithstanding that the Consignor instructs the Contractor to use

 a particular method of cartage whether by road, rail, sea or air if, in the

 sole opinion of the Contractor, such method cannot be conveniently

 adopted by the Contractor then the Contractor may carry or have carried

 some or all of the Goods by any other method or methods of Carriage

 selected by the Contractor.


5. The Contractor undertakes to use such services as are necessary to

 transport the Goods and will ensure that all carriers are authorised by

 competent authorities to engage in transportation in Australia.


6. The Consignor authorises the Contractor to deliver the Goods to the

 address nominated to the Contractor by the Consignor for that purpose.

 The Contractor shall be taken to have delivered the Goods if, at that

 address, the Contractor obtains from any person a receipt or signed

 delivery docket for the Goods. In the event that the Contractor is unable

 to deliver the Goods due to an incorrect address having been provided

 by the Consignor or if there is no party prepared to accept delivery at the

 nominated address or some other factor outside of the control of the

 Contractor which prevents deliver then the Consignor must pay to the

 Contractor full compensation for any additional costs, expense or loss

 that might be incurred by the Contractor.


7. The Consignor is and remains responsible to the Contractor for all

 of the Contractor’s proper charges incurred for any reason. A charge

 may be made by the Contractor in respect of any delay in excess of

 30 minutes in loading or unloading occurring other than from the default

 of the Contractor. Such permissible delay period shall commence upon

 the Contractor reporting for loading or unloading. Labour to load or unload

 the vehicle shall be the responsibility and at the expense of the Consignor

 unless agreed by the Contractor in writing to the contrary.


8. Unless otherwise directed by notice in writing, the Contractor is

 authorised by the Consignor to collect payment of “C.O.D.” Goods in legal

 tender or cheques and to give receipts on behalf of the Consignor in

 respect of any such payments received by the Contractor.


9. Unless otherwise agreed in writing, all future contracts for Carriage of

 Goods to be made between the Consignor and the Contractor shall be

 subject to these Conditions.


Conditions of Storage

 10. The Consignor authorises the Contractor to arrange with any other entity

 (“Agent”) to undertake the carriage or storage of the Goods the subject

 of this Contract and, in any such arrangement, the Agent shall be deemed

 to act as the agent of the Contractor and shall be entitled to the benefi ts of

 these conditions to the same extent as the Contractor.


11. Upon notice in writing being given by or on behalf of the Contractor to the

 Consignor requiring the Consignor to remove any Goods, or any portion

 of them, the Consignor must within one month from the date of giving

 such notice pay any rent or charges to which the notice to the Contractor

 extends and must remove and take away such Goods. Such notice may

 be given by sending the same through the post to or by leaving the same

 for the Consignor at the Consignor’s last notifi ed place of business. If

 upon the expiration of one month from the giving of such notice the

 Consignor has failed to pay such rent or charges, as aforesaid, and to

 remove the Goods referred to in the notice, the Contractor may remove

 the Goods and store them in such place and in such manner as the

 Contractor thinks reasonable and at the risk and expense of the

 Consignor, in all respects.


12. It is agreed that any entity delivering any Goods to the Contractor for

 carriage or storage is authorised to sign this consignment for the Consignor.


13. The Consignor expressly warrants with the Contractor that the Consignor

 is either the owner or the authorised agent of the owner of the Goods,

 has the power to transfer rights in the Goods to the Contractor and agrees

 to fully indemnify and hold harmless the Contractor against any claim by

 any other person or persons in respect of the Goods.


14. The Contractor accepts no responsibility for the insurance of the Goods

 that have been stored and accepts no liability for any destruction or

 damage to the Goods.


General Conditions for both Carriage and Storage

 15. The Consignor grants the Contractor a Security Interest in respect of the

 Goods as security for payment for all charges due to the Contractor in

 respect of any Services tendered by the Contractor and security for any

 rent and charges due or any other charges or amounts due under the

 Contract or any other contract between the Consignor and the Contractor

 or which may hereafter become due to the Contractor on any account.


16. If a person fails to pay charges due to the Contractor in respect of any

 Service rendered by the Contractor on demand being made, the

 Contractor may (in addition to any rights it has under the PPSA):

 (a) detain and sell all or any of the Goods of that person which are in its

 possession; and

 (b) out of the monies arising from the sale retain charges payable and all

 charges and expenses of the detention and sale; and

 (c) shall render the surplus if any of the monies arising from the sale of

 and such of the Goods as remain unsold to the person entitled to

 those monies.

 Any such sale shall not prejudice or affect the right of the Contractor to

 recover from the person or persons liable any such charge due or payable

 in respect of such services or the said detention and sale.


17. The Contractor is not a common carrier and accepts no liability as such.

 The Contractor reserves the right to refuse the Carriage, transport, storage

 or custody of any Goods or any class of goods for any Person without

 giving any reason for so doing. All Goods are carried or transported and

 all storage or custody or other services are performed by the Contractor

 subject only to these Conditions.


18. The Consignor will not require the Contractor to transport, store or take

 custody of any explosive, infl ammable or otherwise dangerous, damaging,

 damaged or insuffi ciently or improperly packed Goods without giving to

 the Contractor a full written description of those Goods, their condition and

 the state of their packaging and, in default of so doing, the Consignor

 accepts full liability for all loss or damage caused thereby.


19. The Consignor will be and remains responsible to the Contractor in

 respect of any delay in loading or unloading occurring other than from the

 default of the Contractor. Such delay period shall commence upon the

 Contractor reporting for loading or unloading. Labour to load or unload the

 vehicle shall be the responsibility and expense of the Consignor.


20. If the Consignor instructs the Contractor to use a particular method of

 carriage whether by road, rail, sea or air, the Contractor will give priority to

 the method designated but if that method cannot conveniently be adopted

 by the Contractor the Consignor shall be deemed to authorise him to carry

 or have the Goods carried by another method or methods.


21. Unless otherwise expressly agreed in writing, no responsibility will be

 accepted by the Contractor for any loss of or damaged to or mis-delivery

 or non delivery or delay in the delivery of Goods either in transit or in

 storage for any reason whatsoever and whether or not caused by or

 arising from Act of God, civil commotion, act of terrorism, burglary,

 warehouse breaking, larceny, theft, pillage, strikes, fi re (however caused)

 explosion, water, lightning, rain, tempest, earthquake, fl ooding (whether

 external or internal), damp, heat, sweat, mould, mildew, decay,

 deterioration, vermin, rats, mice, insects, leakage, inherent vice in any

 Goods (whether the Goods or other goods of the same or any other

 person) breakage, insuffi cient or ineffi cient packing.


22. The Contractor does not warrant nor admit the accuracy of the contents,

 weight, measurements, qualities, quantities, gauges, strengths or values of

 any Goods or packages stored by the Consignor or provided to the

 Contractor by the Consignor for cartage.


23. The Consignor authorises the Contractor (at the Contractor’s sole

 discretion) to arrange with any Sub-contractor for the Carriage, transport,

 storage or custody of the Goods and for any services ancillary thereto.

 Any such arrangement shall be deemed as accepted by the Consignor

 upon delivery of the Goods concerned to the Contractor’s nominated Sub-

 contractor. The Consignor agrees that such Sub contractor shall be

 entitled to the full benefi t of these Conditions as if it were the Contractor.

 The Contractor shall be deemed to contract with the Consignor for its

 own benefi t and also as trustee for the Sub-contractor in respect of all

 matters mentioned in these Conditions.


24. The Consignor acknowledges and declares that it is fully conversant with,

 and warrants to the Contractor that it will at all times comply with, all

 Laws. The Consignor further warrants to the Contractor that all of the

 Goods will be packed in a manner adequate to withstand the ordinary

 risks of the carriage having regard to the nature of the Goods. The

 Consignor fully indemnifi es and holds harmless the Contractor for any

 loss, claim or liability whatsoever suffered by the Contractor as a result

 of, or arising out of, the Consignor’s failure to comply with any of the

 warranties provided in this Condition.


25. (a) The Goods are, and at all times shall be, at the risk of the Consignor

 and the owner of the Goods and the Contractor shall be under no

 liability whatsoever in respect of the Goods or any part thereof to the

 Consignor or to the owner or to any other Person.

 (b) Without restricting the generality of paragraph (a) of this Condition, the

 Contractor shall not be liable in tort or in contract or otherwise

 howsoever for:

 (1) any loss or non-delivery or mis-delivery of the Goods or any part

 thereof or incorrect description of the Goods or any part thereof; or

 (2) any damage or injury to or any delay in the delivery to the Goods or

 any part thereof; or

 (3) any damage directly or indirectly caused by or which may arise out of

 any such loss non-delivery, mis-delivery,

 (4) incorrect description, damage, injury or delay; or0

 (5) any damage including deterioration of chilled frozen, refrigerated

 or perishable Goods.

 (c) The provisions of paragraph (b) of this Condition shall apply

 irrespective of the manner in which or the time at which or the place at

 which, or the reason whereby any such loss, mis-delivery, non-

 delivery, damage or injury or delay may have occurred, and

 notwithstanding that the same may have been due to or occasioned

 by or may have arisen as a result of or as incidental to any negligence

 or any wilful act or omission of any misconduct on the part of the

 Contractor and notwithstanding that the cause of such loss and or any

 such delay, non-delivery or mis-delivery or incorrect description of the

 Goods or any such delay may not be known to the Contractor.

 (d) The description of the Goods, the quantity and the value thereof

 shown in the consignment note or quotation relating to the Goods (as

 the case may be) are represented to the Contractor by the Consignor

 and the Contractor does not admit to the accuracy thereof and shall

 require, in case of any claim, proof thereof. The Consignor or other

 party who may claim against the Contractor, shall retain the relevant

 evidence thereof.


26. The person delivering the Goods to the Contractor shall be deemed to

 be authorised to sign, on behalf of the Consignor, the consignment note

 or any document incorporating these Conditions. The Consignor expressly

 undertakes with the Contractor that the Consignor is either the owner or

 has the authority of the owner of the Goods to enter into this contract and

 the Consignor accepts these Conditions as trustee for the Consignee as

 well as for all other persons on whose behalf the Consignor is acting.


27. The Consignor shall be liable to the Contractor for all freight and charges

 as soon as the Goods are loaded and despatched and whether the Goods

 are delivered to the consignee or not and whether damaged or otherwise.

 Under no circumstances will any payment for freight be refused.


28. If on demand the Consignor fails to pay any charges due to the Contractor

 in respect of any Services rendered by the Contractor, the Contractor

 may detain and sell all or any part of the Goods which are in the

 Contractor’s possession and, out of the moneys arising from the sale,

 retain the charges so payable and all charges and expenses relating or

 incidental to the detention and sale and shall render the surplus, if any,

 of all the moneys arising from the sale and such of the Goods as remain

 unsold to the Consignor. Any such sale shall not prejudice or affect

 charges due or payable in respect of such Services or the said detention

 of sale. For the purposes of this Condition the Contractor has a Security

 Interest in respect of the Goods and any documents relating thereto.


29. The provisions of these Conditions shall apply to the Container or

 Containers or other packaging containing the Goods and to any pallet

 or pallets delivered with the Goods to the Contractor. The Consignor shall

 be responsible for the conformity of such Containers, packaging and

 pallets with any requirements of the Consignee and for any expense

 incurred by the Contractor arising from any failure so to conform.


30. The Contractor does not provide Insurance cover. It is the Consignor’s

 responsibility to insure the Goods.


31. If requested, the Consignor must do all things and execute all

 documents necessary to give full effect to these Conditions and the

 transactions contemplated by these Conditions, including without

 limitation, to enable the Contractor to perfect its Security Interest in the

 Goods and complete any fi nancing statement if the Contract (or a

 transaction in connection with the Contract) is or contains a Security

 Interest under the PPSA.


32. These Conditions, and any contract incorporating the same made by

 the Contractor, shall be governed by of the laws of the State of Victoria

 and any action or other legal process in respect of any matter or thing

 under these Conditions shall be instituted and carried on only in the

 appropriate Court of the State of Victoria.


33. The Contractor shall not be bound by any agreement purporting to vary

 these Conditions unless such agreement is in writing and is signed by a

 Director or the Secretary of the Contractor.


34. If any of these Conditions or part of a Condition is unenforceable, it must

 be severed from and does not affect the rest of the Contract.


35. The Contractor is not bound by any waiver, discharge or release of a

 Condition or any agreement which changes the Contract, unless it is in

 writing and signed by the Contractor.


36. These Conditions do not exclude or limit the application of any laws,

 including Schedule 2 of the Competition and Consumer Act 2010

 (Cth), where to do so would contravene those laws or cause any part of

 these Conditions to be void.


37. All conditions, warranties, terms and consumer guarantees implied by

 laws, general law or custom except any the exclusion of which would

 contravene any laws or cause this Condition to be void (“Non-Excludable

 Condition”) are excluded by these Conditions.


 38. The Contractor’s liability for any breach of a Non-Excludable Condition is

 limited, at the Contractor’s option, to supplying the Services again, or the

 cost of supplying the Services again.


 39. The Contractor will not be liable for any indirect losses, consequential

 losses or loss of profi ts, revenue or business, even in circumstances

 where the losses were foreseeable.


 40. To the extent permitted by law, if the PPSA applies, the Consignor

 irrevocably waives any rights the Consignor may have to receive notices

 under sections 95, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA,

 or to reinstate these Conditions under section 143 of the PPSA. The

 Consignor agrees to irrevocably waive any rights the Consignor may have

 to receive a verifi cation statement (as defi ned in the PPSA).


 41. To the extent that Services performed by the Contractor are taxable supply

 under the GST Act, the Consignor is liable for the payment of GST and the

 Contractor’s charges shall be adjusted to fully account for the GST liability

 arising in respect to those charges.


 42. Pallets will be treated as an integral part of the Goods tendered for

 transportation and/or storage. Should pallets not be returned or

 exchanged within 7 days to the Contractor, then the Contractor has the

 right at its sole discretion to either charge the Consignor an amount per

 pallet per week hire charges until pallets are returned or a fi xed charge

 of an amount per pallet such charges to be at the rate then charged by the

 Contractor for pallet hire or for fixed charge


 43. Quotations from the Contractor which cover only those Services

 specifi cally stated on the face of this document remain available for

 acceptance for 28 days from the date of such quotation.


 44. The Contractor reserves the right to adjust rates before or after

 acceptance of any quotation to meet any adjustments in charges imposed

 by an instrumentality outside the control of the Contractor.


 45. Where out of gauge or overweight lifts are involved, the quotation on

 its face is subject to the issuance of the necessary permit and condition by

 the relevant authority. The cost of any such permit and of compliance

 with such conditions shall be additional to the amount quoted unless

 otherwise specifi cally stated.


 46. The Consignor must pay all Freight and Charges levied by the Contractor

 within 14 days of receipt of the Contractor’s tax invoice. In addition to

 the Contractor’s Freight and Charges, the Contractor may, in its sole

 discretion, require the Consignor to pay a levy to cover rises in

 consumable costs that are outside of the control of the Contractor such

 as, without limitation, fuel, oil, government charges, tolls and the like. The

 Consignor shall pay to the Contractor any such levy within 14 days of

 receipt of the Contractor’s tax invoice.


 47. The Consignor agrees that the Contractor may pass on to the Consignor any

 increase in the costs of providing the Services under these Conditions as a

 result of Labour Cost Orders occurring after the date of these Conditions.