1. All goods carried or other services performed by Amalgamated and its Agents are subject to these conditions of cartage which replace all previous conditions of cartage and override any of the senders terms and conditions of cartage.
2. Amalgamated and its Agents:
a) is entitled to sub-contract on any terms the whole of any part of the cartage and any reference to Amalgamated and its Agents in these
conditions includes its servants, agents and sub-contractors
b) is not a common carrier and will accept no liability as such
c) reserves the right to accept or refuse the cartage of any goods at its discretion
3. The sender warrants that the person who has signed the transport contract is authorised to do so and to agree to its terms
4. The sender warrants that, unless specified on the transport contract/agreement/consignment note, the goods contained on the consignment are not dangerous. Where they are specified as dangerous, the sender warrants that they are properly described, packed and clearly labelled and can be transported safely according to the Australian Code for the Transport of Dangerous Goods by Road and Rail.
5. The sender agrees that the goods described on the transport contract/agreement/consignment note are carried at its own risk and that Amalgamated and its Agents will not be responsible for any delay, loss or damage of any nature arising out of or incidental to the cartage of the goods due to any act or omission (whether willful or negligent or otherwise) on the part of Amalgamated and its Agents and indemnifies Amalgamated and its Agents in respect of any liability in respect of the goods.
6. The sender authorized Amalgamated and its Agents to deliver the goods at the receivers address appearing on the transport Contract/Agreement/consignment note. Amalgamated and its Agents will be deemed to have delivered the goods in accordance with the contract note if Amalgamated and its Agents obtains a receipt or signed delivery docket for the delivery docket for the delivery of the goods to the receivers address. If Amalgamated and its Agents is unable to deliver the goods to the receivers address, Amalgamated and its Agents will store the goods at the risk of the sender and the sender will pay all costs in relation to the non-delivery.
7. The sender will pay Amalgamated and its Agents charges in all circumstances including where the receiver fails to pay any charges. No payment will be refunded other than as required by statute. The sender agrees that if it does not pay Amalgamated and its Agents after Amalgamated and its Agents has demanded payment, Amalgamated and its Agents may detain and sell all or any goods dispatched by the sender in its possession and retain its unpaid charges and sale expenses from any raised from the sale. Amalgamated and its Agents will pay any balance remaining and will return any unsold goods to the sender. The sender warrants that Amalgamated and its Agents has the right to sell any such goods.
8. All goods are carried subject to the terms of any Bill of loading issued by and/or conditions imposed by any steamship company, railway, port or harbor authority of other carriers of the goods that are freighted at ordinary rate unless otherwise agreed in writing.
9. Amalgamated and its Agents will only insure the goods if the sender requests insurance on the face of the transport contract prior to sending the goods and states the value of the goods. Amalgamated and its Agents will provide insurance at the rate of 4% of the stated value of the goods; an excess of$100 applies. If the stated value of the goods is less than its actual value, then any claims payable against the insurance cover will be at the same proportion of the total claim as the stated value is to the actual value. Any dispute arising as to the actual value of the consignment will be settled by an independent valuer nominated by Amalgamated.
10. The sender or receiver must lodge a written claim for damage to or loss of goods at Amalgamated and its Agents Head Office within seventy two (72) hours after delivery was made. If no written claim is lodged within this period, the goods will be conclusively deemed to have been delivered undamaged and no claim for loss or damage will be allowed other than as required by statute.
11. The sender agrees that all rights, immunities and limitations of liability granted to Amalgamated and its Agents by these conditions of cartage will continue to have their full force and effect in all circumstance and notwithstanding any breach of the contract or any conditions by Amalgamated and its Agents.
12. This quotation/agreement/rate schedule does not include Tolls, GST, Fuel surcharges or other charges which may be applied.
13. Amalgamated will endeavour to supply the most suitable and professional personnel at all times. The Client recognizes that the recruitment of such personnel involves considerable time, effort an expense. The Client agrees not to enter into any contractual arrangement directly with any Amalgamated employee or contractor, nor will they engage such personnel as employees or contractors of the Client whilst they are an employee or contractor of Amalgamated or within twelve months of ceasing to be an employee or contractor of Amalgamated.