Terms and Conditions of Cartage
- M & S TRANSPORT SERVICE PTY LTD (hereinafter referred to as “the Carrier” which expression will include its servants agents and sub-contractors) is not a common carrier and will accept no liability as such. All goods carried or other services performed shall be subject only to these conditions of carriage and the Carrier reserves the right to accept or refuse the carriage of any goods at its discretion.
- The Consignor or his authorised agent shall not tender for carriage any explosive inflammable or otherwise dangerous or damaging goods without presenting a full description of these goods and in default of so doing shall be liable for all loss and damage caused thereby.
- The Carrier may arrange with any other person or company to undertake the carriage hereby contracted for or services ancillary thereto and any such person or company its servants agents and employees shall be entitled to the benefit of these conditions to the same extent as the Carrier.
- All goods are carried subject and liable in every respect to the Bills of Lading issued by and / or conditions imposed by any steamship company railway port or harbour authority or other carriers of the goods and are freighted at ordinary rates unless otherwise instructed in writing by the consignor or the authorised agent.
- The Carrier accepts no responsibility for any damage, including injury, delay or loss of any nature, arising out of or incidental to the carriage of any service ancillary thereto or which may occur at any time after the goods have been delivered to the Carrier and before the goods have been delivered to the Consignee whether due or alleged to be due to misconduct or negligence on the part of the Carrier or not.
- It is agreed that the person delivering any goods to the Carrier for the carriage is authorised to sign this consignment note for the Consignor.
- Unless otherwise directed by notice in writing the Carrier is authorised by the Consignor to collect payment of “C.O.D.” goods in legal tender or cheques and to give receipt on behalf of the consignor.
- If on demand any person fails to pay charges due to the Carrier in respect of any services rendered by the Carrier the Carrier may detain and sell all or any of the goods of such person which are in his possession and out of the money arising from the sale, retain the charges so payable and all charges and expenses of the detention and sale and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
- Insurance of goods will not be effected for the benefit of the consignor unless the full value of the consignment and type of insurance required is entered in the space marked “INSURANCE” on the face hereof and the current insurance charges are paid. Any such insurance shall be on the terms of the current printed insurance particulars supplied to the Consignor.
- A charge will be made by the Carrier in respect of any delay in excess of thirty minutes in loading or unloading occurring other than through the default of the Carrier, such permissible delay period commencing upon the Carrier reporting for loading or unloading, labour for which purpose being the responsibility and at the expense of Consignor or Consignee.
- Freight shall be considered earned whether the goods are delivered to the Consignee or not and whether damaged or otherwise. Under no circumstances will any payment for freight be refunded.
- The Carrier’s charges for carriage shall be payable by the Consignor without prejudice to the Carrier’s rights against the Consignee or any other person, provided that when it is stated on the consignment note or docket that charges are payable by the Consignee or the goods are consigned “C.O.D.” or “Freight Collect”. The Consignor shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.
- These conditions shall be governed and construed by the law of Victoria wheresoever the contract was made and any proceedings in respect of any matter or thing against the Carrier shall be instituted or carried on in the State of Victoria only.
