You may think it is desirable you effect insurance over the goods. If so you should advise your insurance company that your goods are being transported and/or stored pursuant to these terms. Your charges have been calculated in part on the basis firstly it is for you to arrange insurance and secondly [subject to Clause 3.8] the risks mentioned below are accepted by you and NOT by the carrier. The carrier also offers upon your written request (in a form prescribed by the carrier) to endeavour to procure for you insurance. Please read this page carefully.

In these conditions "carrier" shall mean the company the name of which is printed on the face of this consignment note and its successors, assigns, servants and agents; and "subcontractor" shall mean any person, firm or company with whom the carrier may arrange the carriage, handling or storage of any goods subject to this contract and any of the subcontractor's successors, assigns, employees, agents and subcontractors; and "carriage" or like words shall in addition to their natural and ordinary meaning also mean any handling or movement of the goods by any means whatsoever.

1.1 The carrier is not a common carrier and will accept no liability as such.

1.2 All goods are carried and all storage and other services are performed by the carrier subject only to these conditions.

1.3 The carrier reserves the right to refuse the carriage or storage of goods at its discretion.

2.1 The carrier may arrange with a subcontractor or others for the carriage or storage of any goods subject to this contract.

2.2 The sender undertakes that no claim or allegation shall be made against any subcontractor or person by whom the carriage or storage or any part of it was performed or undertaken, but if a claim or allegation is nonetheless made, the sender absolutely without exception agrees to free, release, hold harmless, indemnify and keep indemnified the carrier against each and every consequence thereof.

3.1 The goods are in all things and at all times at the risk of the sender and not the carrier.

3.2 The carrier shall not be responsible in negligence tort contract or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery or failure to deliver or delay in delivery of the goods or failure to store or incorrect or defective storage of the goods including without limiting the foregoing chilled, frozen, refrigerated or perishable goods.

3.3 This clause shall apply whether or not such loss, damage, deterioration or injury, or mis-delivery or mis-handling, or failure to deliver or delay in delivery of the goods or failure to store or incorrect or defective storage of the goods occurs by negligent, reckless or wilful acts or default of the carrier, or whether or not occurs in the course of the performance or purported performance by the carrier of this contract or whether or not the events or omissions are in the contemplation of the carrier and/or the sender or whether or not such events or omissions are forseeable by them or either of them.

3.4 The disclaimer extends to include not only loss for damage to or deterioration of the goods but also loss, damage or injury to any person, property or thing during or resulting from the performance or purported of or want of performance or breach of the contract howsoever caused including but not limited to any negligence, recklessness or wilfulness of the carrier.

3.5 The sender agrees to free, release, hold harmless, indemnify and keep indemnified the carrier from all claims, liabilities, damages, costs and expenses arising out of any matter whatsoever about any aspect of the goods or the carriage or purported carriage of or storage or purported storage of or failure to carry or store the goods or in any way arising out of any act or omission or any breach of or failure by the carrier to comply with any of its obligations hereunder and otherwise howsoever whether such claims, liabilities, damages, costs and expenses be direct or indirect consequential or inconsequential past, present or future.

3.6 All the rights, immunities, benefits and limitations of liability granted to the carrier by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contract or any of the conditions hereof by the carrier.

3.7 Every, exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect (a) all sub-contractors (b) every servant or agent of the carrier or of a sub-contractor (c) every other person by whom the carriage or any part thereof is performed or undertaken (d) all persons who are or might be vicariously liable for the acts or omission of persons falling within (a) to (c) inclusive; and for the purposes of this clause the carrier 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 shall to this extent be or be deemed to be parties to this contract.

3.8 All warranties upon the carrier whether they be statutory or otherwise or implied by law are to the fullest extent possible hereby expressly negated. Notwithstanding the carrier shall continue to be subject to any condition or warranty imposed by the Trade Practices Act or similar or equivalent State Acts if and strictly only to the extent that any such Acts are applicable to this agreement and if and strictly to the extent the provisions of such Act prevent the exclusion, restriction or modification of any such condition or warranty.

3.9 In entering into this contract the sender warrants that it has conducted its own enquires and relied on its own judgement and not on any representation made by or on behalf of the carrier and all such representations are hereby excluded.

4.1 The carrier’s charges shall be considered fully earned and due and payable as soon as the goods are loaded and dispatched and they are payable and non-refundable in any event including without limitation thereof loss of or damage to or non delivery of the goods.

4.2 The sender will be and remain responsible to the carrier for all of its charges and all other monies due to the carrier.

4.3 No set-off or abatement or deduction is permitted in respect of any of the charges or other monies due to the carrier hereunder.

4.4 The carrier shall have a right of lien over the goods or any other goods of the sender and any documents relating thereto in respect of all unpaid charges and other monies due to the carrier whether pursuant to the terms hereof or otherwise and whether such goods have at any time left the possession of the carrier.

4.5 For the purposes of the lien hereby given the carrier may detain and sell by public auction or private treaty without notice to the sender all or any of the goods of the sender and out of the proceeds of sale retain the charges or other monies payable and all expenses and charges of the detention and sale.

5.1 The sender hereby authorises the carrier to:

5.1.1 handle carry or store the goods or cause the same to be handled carried or stored by any method, and

5.1.2 carry or cause to be carried the goods by any route in the absolute discretion of the carrier and the carrier shall be entitled to ignore any instructions in relation thereto.

5.2 The carrier is authorised to deliver the goods at the address nominated to the carrier by the sender for that purpose and without prejudice to the foregoing it is expressly agreed that the carrier shall be conclusively presumed to have delivered the goods in accordance with this contract if he obtains from the receiver a signature or a receipt.

5.3 If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the carrier, the carrier may at the carrier's option deposit the goods at that place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the carrier the sender shall pay or indemnify the carrier for all costs and expenses incurred in or about such storage, in the event that the goods are stored by the carrier the carrier shall be at liberty to re-deliver them to the sender from the place of storage at the sender's cost at the then applicable rates of carriage and storage.

6.1 The person delivering any goods to the carrier for carriage or storage is authorised to sign the consignment note for the sender.

6.2 The sender warrants to the carrier that the sender is either the owner or a person having an interest in the goods or their authorised agent and by entering into this contract the sender is doing so for itself as well as for all other persons on whose behalf the sender is acting.

7.1 The sender warrants to the carrier that it has complied with all applicable laws in relation to notification description, carriage and packaging of the goods and without limitation thereof that all applicable duties excises taxes or costs in relation thereto have been fully paid.

7.2 The sender has fully, adequately and accurately described the goods on the consignment note.

7.3 The sender shall be responsible for the conformity of packaging containerisation or palleting to the requirements of the receiver and for any costs or expense incurred by the carrier in relation thereto.

8.1 The carrier will endeavour to arrange for insurance of goods as the sender's agent if the sender requests the carrier to do so in writing (in a form prescribed by the carrier) and notifying the value of the goods for the purposes of such insurance.

8.2 The said insurance shall be at the sender's expense both as to premium and as to the carrier's administration charges and in accordance with the conditions of insurance selected by the carrier with the insurer selected by the carrier.

8.3 The conditions of insurance are obtainable from the offices of the carrier and include inter alia conditions in relation to exemptions and claims and expenses.

The law governing the interpretation of these conditions are for all matters between the parties pursuant to these conditions shall be the law of the State of South Australia. No waiver by the carrier of any breach of any term of any agreement with the sender from time to time shall be deemed to be a waiver of any subsequent breach of any kind. Singular words shall include plural and vice versa. The portion entitled "Important Note" is to be taken as a warning only and the provisions thereof shall not be taken as limiting any other provisions herein, but an expression of the context of this agreement and the exclusions herein. Headings and side headings are inserted for guidance only and do not affect the content of any parts or clauses. If any provision herein is or becomes void or illegal or unenforceable for any reason then such provisions shall be rectified and written down in so far as maybe possible so as to be valid and enforceable and to such extent that it is not valid and enforceable shall be severed and omitted from these conditions which shall otherwise remain in full force and effect. No one provision herein shall limit the generality of any other provisions herein. In the event that the sender uses or attempts to use or issues or attempts to issue at any time any letters writings instructions forms or delivery notes or the like containing any terms or provisions inconsistent with these conditions then they shall not form part of any agreement with the sender and these conditions shall prevail. These conditions bind the sender and its executors administrators successors and assigns as the case may be.

10.1 These conditions are effective as from the effective date mentioned above.

10.2 In the event in any manner you have in the past received, or in the future receive, conditions bearing either (a) no date clearly stated to be the "effective" date, or (b) an "effective" date being a date prior to the effective date mentioned above, then REGARDLESS these and only these conditions shall be the conditions applicable to each and every event of carriage or storage between the parties from the effective date mentioned above.

10.3 In the event in the future you in any manner receive conditions with an "effective" date subsequent to the effective date mentioned above, then those and only those conditions shall be applicable to each and every event of carriage or storage between the parties from the effective date mentioned in those conditions.>

10.4 FOR A DATE TO BE "EFFECTIVE" THE DATE MUST BE PREFACED WITH THE WORDS OR LIKE WORDS "EFFECTIVE FROM".