The following conditions apply to all contracts for carriage of goods or livestock in which DARLING DOWNS HORSE TRANSPORT (ABN 97 003 038 462) acts as Carrier. If a consignor places goods or livestock with the carrier that shall constitute assent .by the consignor to be bound to the conditions herein.
"Goods" shall mean the goods which are subject of this Contract and shall include Livestock of every description and any other incidental items or accessories with them any person travelling with or attending upon same.
"Carriage" shall mean where the context permits, the despatch, pick up, carriage, transportation, storage, consignment, delivery, agistment, resting, temporary depasturing, livery or any other service performed by the Carrier in relation to Goods. The same meaning shall be attributed to the words "carry" and "carried" when used in this contract.
"In Writing", for the purposes of this Contract shall mean by way of letter, fax or telegram sent to the last known business address of the receiving party.
The "Carrier" shall mean Darling Downs Horse Transport and include only its servants authorised agents and assigns.
The "Sub-Contractor" shall include any other person, firm or company with whom the Carrier may arrange for the carriage of goods the subjects of this contract or any servant, agent or sub-contractor thereof. It shall also include any person, firm or company with whom the Carrier may arrange agistment, livery or storage including the respective railways of any State of the Commonwealth of Australia.
The "Consignor" shall mean the person, firm, body or corporation who places an order with the Carrier for the carriage of the goods or livestock with the carrier for transportation.
Words importing the singular number or plural number when used in this Contract shall include the plural number and singular number respectively and words importing the masculine gender shall include the feminine or neuter gender.
2. RISK OF CARRIAGE
The Carrier is deemed not to be a common carrier for purposes of this contract and shall not accept liability as such. All goods are carried, transported, stored, or agisted at the risk of the Consignor and under no account at the risk of the Carrier. The Carrier accepts no responsibility at law in tort, contract or otherwise for any damage or expense incurred in the course of the loading, carriage, delivery, storage, livery, or agistment and/or in arising from misdelivery or the failure to deliver. The Consignor further acknowledges that the Carrier shall not be liable for the actions or otherwise of a Sub-Contractor employed, appointed or obtained by the Carrier.
The Consignor acknowledges that the Carrier shall not be obliged to insure against loss or damage in respect of any specific goods carried by him whether through a Sub-Contractor or not. Further the Carrier accepts no responsibility in respect of loss or damage caused or incurred by a Sub-Contractor of the said Carrier.
4. RIGHT TO REFUSE CARRIAGE
The Carrier reserves the right to refuse the Carriage of Goods for any person, firm, body, corporation or company and the carriage of any class of Goods at its discretion.
5. MODE OF CARRIAGE
The Consignor hereby agrees that if the Consignor, his servants, agents or assigns instruct the Carrier to use a particular mode of carriage whether by road, rail, sea or air, the Carrier will give priority to the method or means designated, but if that method or means cannot conveniently be adopted by the Carrier then at the absolute discretion of the Carrier, the Consignor shall be deemed to authorise it to carry or have the goods carried by any other method or means.
6. CARRIAGE OF GOODS WITH OTHER GOODS/ALTERNATE ROUTE
The Carrier reserves the right at its absolute discretion to carry Goods by any route it thinks fit and either alone or with Goods belonging to any other person, firm, body, corporation or company. The Carrier at its absolute discretion and without assigning any reason therefor, may deviate from or alter, at any time the route chosen by it for the carriage of the Goods. The Consignor hereby authorises any deviation(s) or alteration(s) which shall be deemed necessary and reasonable in the circumstances.
7. CORRECT ADDRESS
It is the responsibility of the Consignor to give the Carrier the correct address for pick up and for delivery and to arrange for a responsible person to be present at those addresses at the time of pick up and delivery to enable the Carrier to pick up the Goods and make effective delivery of the Goods and the Carrier shall not be liable for any delay in onward carriage or delivery or loss or damage resulting from the Consignor's failure to comply with this condition.
8. AMENDED ADDRESS
In the event that the Consignor or a representative of the Consignor, subsequent to despatch of the Goods, directs the Carrier to deliver the Goods to an address ("the amended address") which is not the address for delivery originally given to the Carrier by the Consignor ("the original address"), the Carrier will use its best endeavours to have the Goods redirected to the amended address HOWEVER the Carrier does not promise that it will be able to redirect the Goods and is not responsible for any delay that may be caused by such redirection. If the Goods cannot be redirected and are delivered to the original address, the Carrier accepts not responsibility for arranging the Carriage of the Goods from the original address to the amended address.
9. USE OF SUB-CONTRACTOR(S)
The Consignor hereby authorises the Carrier if it should think fit to do so to arrange with a Subcontractor(s) for the carriage of the Goods. Any such arrangement shall be deemed to be authorised by the Consignor upon delivery of the goods to such Subcontractor(s) whether by the Consignor, the Carrier or a Subcontractor, and the Subcontractor who accepts delivery shall hereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier. The Consignor hereby expressly agrees and acknowledges that, in so far as it may be necessary to ensure that such Subcontractor(s) shall so be entitled, the Carrier shall be deemed to enter into this Contract for its own benefit and also as agent for the Subcontractor(s).
10. AUTHORITY TO SIGN CONSIGNMENT NOTE
It is agreed that the person delivering any goods to the Carrier is authorised to sign the Consignment Note for the Consignor.
11. GOODS NOT ACCEPTED FOR DELIVERY
if the Goods are not accepted for delivery when tendered, the Carrier may hold the Goods as bailee and shall be entitled to storage fees at normal rates charged by the Carrier AND as bailee shall not be under any liability for loss or damage of the Goods howsoever caused, OR at its discretion, the Carrier may return the Goods to the Consignor at the cost and risk of the Consignor.
The Consignor (not withstanding that it may not be the owner of the Goods) will be and remains responsible to the Carrier for its proper charges incurred for any reason whatsoever in relation to the Carriage of the Goods unless otherwise stipulated by the Carrier, payment in full of charges due to the Carrier shall be made within seven (7) days of the Consignor's receipt of the Carrier's invoice.
If the Consignor fails to pay the charges due under the Contract on the due date or on reasonable demand being made in accordance with this Contract, the Carrier may without formal notice to the Consignor or the person, firm, body, corporation or company to whom the Goods are being delivered pursuant to this Contract, "the Consignee", detail and exercise a lien over or sell any or all Goods which have been consigned by the Consignor or are owned by the Consignor and are in the possession of the Carrier or a Subcontractor and out of the proceeds of such sale retain all charges and expenses so payable and arising from the detention and sale and shall render the surplus, if any of such proceeds and such of the Goods as remain unsold to the Consignor or Consignee. as the Carrier sees fit. Any such sale shall be without prejudice to the right of the Carrier to recover from the person, firm, body, corporation or company liable to pay the same such charges due or payable in respect of such service or the set detention or sale and without prejudice to the Carrier's right of lien over any remaining Goods.
14. FORCE MAJEURE
The Carrier shall not be held liable for its failure to comply with any of the terms and conditions of this Contract caused solely by fire, strike, war, insurrection, government restrictions, riots, acts of Gods, acts of third parties or other causes beyond its control and without its fault HOWEVER it shall use its best endeavours to cure such default and to comply with the terms and conditions of this Contract as quickly as possible.
The Consignor hereby agrees to indemnify the Carrier in respect of any loss, damage or injury caused to the Carrier or any other person or any property of the Carrier or any other person by the Goods during Carriage thereof and further agrees to indemnify any keep the the Carrier indemnified against all damages, actions, claims, suits and demands made by any person in respect of such loss, damage or injury arising from the breach of one or both of the warranties contained in clauses concerning ownership or deemed ownership of this Contract.
16. WARRANTIES BY CONSIGNOR
The Consignor expressly warrants with the Carrier that the Consignor is either the owner or agent of the owner or the legal representative of the owner of all goods the subject matter of carriage. He further agrees that the delivery charges payable to the Carrier are incurred and considered payable at the uplifting of the goods concerned and that he is deemed to accept these conditions or carriage at the commencement of any contract under consideration.
17. IMPLIED WARRANTIES
Notwithstanding anything herein contained, the Carrier shall be bound by any implied warranty under the Trade Practices Act (Commonwealth) 1974 or the Fair Trading Act (Qld) 1989 and similar relevant legislation but only to the extent that such Act is applicable to this Contract and prevents exclusion, restriction, or modification of that warranty and, subject to the exceptions contained under that Act, in such case the liability of the Carriage is limited to the supplying of the services again for the payment of the cost of having their service supplied again, as determined by the Carrier.
18. AMENDMENTS BE IN WRITING
The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed by the Carrier.
19. LAW OF THE CONTRACT
The Carrier, Consignor, Sub-Contractor, or any person, firm or company connected to the carriage hereby acknowledges and is deemed to be aware of the conditions irrespective of signing same. The law applicable to any contract of carriage or services shall be that of Queensland.
20. PAYMENT OF COSTS
The Consignor agrees to pay upon demand all costs, fees, charges, and disbursements (including Collection Agency commissions and Solicitors/clients costs) incurred by the Carrier in recovering any monies due.
The following conditions apply to all contracts for carriage of goods or livestock in which DARLING DOWNS HORSE TRANSPORT (ABN 97 003 038 462) acts as Carrier. If a consignor places goods or livestock with the carrier that shall constitute assent by the consignor to be bound to the conditions herein.