1 - Definitions
In these conditions the following definitions apply:
Dangerous Goods includes any substance, item, thing, property or cargo that is flammable, infectious, explosive, toxic, corrosive, radioactive, hazardous, likely to cause injury to any person or property, or is declared to be dangerous by any relevant law or regulation.
Goods means the whole or any part of an item, property, cargo, vehicle or equipment, and includes any container, pallet or packaging which the goods are in or on.
GST has the meaning attributed to that term in A New Tax System (Goods and Services Tax) Act 1999.
Services means the whole of the services performed by us or a subcontractor, including storing and carrying the Goods, loading and unloading them, warehousing them, dismantling, detaching, assembling, and installing them; liaising with third parties, arranging any necessary permits or authorizations; and delivering the Goods to a subcontractor.
Subcontractor means any person (including a person operating a railway) we use to perform all or part of the Services instead of us, and any person who is a servant, agent or subcontractor of such a person.
Us or we means Wolf Industries Transport.
You or your means the person with whom we contract, whether a natural person, company, trust, partnership, joint venture, association or other corporate form. Any reference to you includes your employees, agents, contractors, sub-contractors, assignee's or representatives.
2 - Terms & Conditions
2.1 These conditions apply to the Services we perform for you, or a Subcontractor performs for you, in connection with each carriage of your Goods, anywhere within Australia. They also apply to any work we have to do, or reasonably do, in addition to the work we quote for.
2.2 These conditions continue to apply despite any breach by us or a Subcontractor, even if the breach is of a fundamental term.
2.3 We are not a common carrier. We do not accept liability as a common carrier. We may refuse to carry or deal with any Goods.
2.4 You cannot vary or waive these conditions without our prior written consent.
2.5 We intend to perform the Services necessary to deliver the Goods to the place you nominate. We intend to follow any instructions you have given us. However, we are entitled to depart from those instructions (including deviating from the usual route or changing the place of storage) if we think it necessary in the circumstances.
2.6 We deliver the Goods when we leave them at the place you nominate. If no-one is there, we may choose whether to leave the Goods there, store them, or return them to you. If we decide to store them, or to return them to you, you must pay our reasonable charges. If you ask us to onforward Goods, we deliver them when we give them to the onforwarding agent.
2.7 A receipt from a person / driver at the destination is proof of delivery.
2.8 We are entitled to open anything in which the Goods are placed or carried in order to inspect them to find out their nature, condition or destination, or who owns them.
2.9 Our quoted charges and prices are exclusive of GST, unless specifically stated to include GST.
2.10 We are entitled to use a Subcontractor to perform all or part of the Services instead of us. We enter into this contract as agent or trustee for any Subcontractor used. Each of them is a party to each contract we enter into with you. This contract applies as if the Subcontractor were us. We, or a Subcontractor, may agree with a Subcontractor to any terms that that Subcontractor requires. Those terms will be binding on you. However, the Subcontractor may choose whether to rely on the terms of this contract or the terms on which it agrees to perform the Services or part of them.
2.11 If we store Goods, we do not have to make the Goods available for collection or removal from the place of storage unless all charges have been paid and unless you have completed and provided all documents that we reasonably require you to complete or provide.
2.12 You warrant that, when you give us or a Subcontractor Goods for carriage, you are acting as agent for each person who has an interest in the Goods. Each of them is a party to the contract and is bound by these conditions in the same way as you are. You also warrant that, when you give us or a Subcontractor Goods for carriage, the person who signs any document containing these conditions has authority to accept these conditions on your behalf.
2.13 Where you have packed Goods, including any Dangerous Goods, you warrant that those Goods are packed in a manner adequate to withstand carriage, having regard to their nature, and in compliance with all applicable laws or regulations.
2.14 At the end of the carriage, you must make sure that you return to their owner any containers, pallets or packaging which are delivered to us with the Goods.
2.15 You must pay our charges for our Services. You can arrange for someone else to pay those charges. However, you remain liable to us. If you are not told that you must pay when the Goods are received or delivered by us, you must pay within 7 days after that day. You have to pay us whatever happens to the Goods - even if they are lost, damaged or destroyed.
2.16 You must pay us an additional reasonable charge in each of the following cases:
2.16.1 We or a Subcontractor have to perform Services, or reasonably perform Services, in addition to the Services we quote for.
2.16.2 The carriage is delayed for a reason that is not our fault or the fault of the relevant Subcontractor.
2.17 You must also pay us for any amount we have to pay, or a relevant Subcontractor has to pay, in relation to the Goods or their carriage. Of course, this excludes a payment for subcontracting the carriage.
2.18 We have a lien over the Goods and any related documents, and over any other Goods and related documents of yours in our possession, as security for payment of any money you owe us.
2.19 We may charge for storage and/or remove to a warehouse or bond store any Goods subject to a lien, at your risk and expense.
2.20 We may sell the Goods or documents without giving you notice. If we do, we are entitled to offset the amount we receive against the money you owe us. This does not affect any other rights we may have.
Description of goods
2.21 You must give us an accurate description of the Goods, either by telling us or by writing on the consignment note. You must tell us if the Goods are, or may become, dangerous or offensive. If the Goods which you give us or a Subcontractor for carriage are self-propelled, and need to be operated during loading or unloading, then you must make sure the Goods are mechanically sound and in good working order.
2.22 If we think that the Goods are or may become dangerous or offensive, we may do anything we believe appropriate to avoid or minimise any loss, damage or offence. This includes destroying the Goods. This does not affect any other rights we may have.
2.23 You must mark all Dangerous Goods so as to indicate their nature and character, in accordance with any applicable laws, regulations, codes or requirements.
2.24 You must comply with all legal requirements, and any requirements of the person to whom we deliver the Goods, in relation to the Goods, including requirements relating to their weight, shape, packaging, labelling and transportation.
2.25 You must comply any applicable road or transport laws, including any obligations that you have in relation to mass, load and restraint requirements for the carriage of goods.
2.26 You must co-operate and comply with all of our reasonable requests and directions in:
2.26.1 Monitoring and ensuring compliance by you or us with road and transport laws; and
2.26.2 Responding to an investigation or enquiry from any third party regarding compliance with road and transport laws.
2.27 We may, upon request, inspect any of your transport or journey documentation that relates to
2.28 When we perform Services for the purpose of a business, trade, profession or occupation carried on or engaged in by you, we do so entirely at your risk. No matter what the cause may be, we are not liable under any circumstances for delay in delivery of the Goods, misdelivery of them, or a total failure to deliver them; or for loss of the Goods or damage to them. We are not even liable for negligence or wilful misconduct by us or by a Subcontractor we use in relation to the carriage. Nor are we liable for an act or omission that is not contemplated by our contract with you, or for any indirect, economic or consequential loss or damage.
2.29 When we perform Services in any other case, to the extent permitted by law:
2.29.1 our liability is completely excluded; and 2.29.2 as a condition precedent to our liability, any action must be commenced within 12 months after the date the Goods were delivered or should have been delivered.
2.30 In the case of Services that are of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited to the supply of the Services again, or the cost of the supply of the Services again.
2.31 Where we have not packed Goods or supplied the container in which Goods are packed, we are not liable for any loss or damage caused by the manner in which Goods have been packed, the unsuitability of the Goods for carriage in the container supplied; or the unsuitability or defective condition of a container.
2.32 You agree that our employees, agents and subcontractors and their employees, agents and subcontractors:
2.32.1 Have the benefit of these conditions; and
2.32.2 We hold that benefit on trust for them and can, if requested by them, enforce it on their behalf.
2.33 If by order of the authorities at any place, a container has to be opened for the Goods to be inspected, we will not be liable for any loss, damage or delay incurred as a result of any opening unpacking inspection or repackaging. We will be entitled to recover the cost of such opening, unpacking, inspection and repackaging from you.
2.34 If you think you have a claim against us or a Subcontractor, you must make it against us and no-one else. The claim must be in writing. It must reach us within 7 days after the date the Goods were delivered or should have been delivered. You have no claim in any circumstances against any person (including a subcontractor) except us.
Your indemnity to us
2.35 You must continually indemnify us or a Subcontractor against any liability or expense we incur as a result of a breach of this document by you, or of our accepting Goods for carriage that you inform us are, or may become, dangerous or offensive.
2.36 Without limiting clause 2.35, you must continually indemnify us or a Subcontractor against any liability or expense we incur as a result of any failure or suspected failure by you to comply with obligations under applicable road and transport laws, including those obligations set out in clauses 2.24 to 2.35
3 - Miscellaneous
3.1 These conditions have effect, whether or not you have signed an acknowledgment of their application.
3.2 If you commence or continue to engage in any dealings with us, these conditions will be deemed to apply to our dealings, whether or not you have signed an acknowledgment of their application.
3.3 A waiver of any of your obligations is ineffective unless it is in writing and signed by an officer of ours.
3.4 This document is governed by the law of Victoria. You and we submit to the non-exclusive jurisdiction of its courts. You and we will not object to the exercise of jurisdiction by those courts on any basis.
3.5 If a clause or part of a clause of these conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these conditions, but the rest of this agreement is not affected.
3.6 In these conditions, a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision