Please read the following conditions carefully and in their entirety. You will be bound by these conditions if we lift, transport or store goods for you. This means:
For an additional fee, we may be prepared to negotiate changes to the conditions to increase our liability to you. Please contact our office before we lift, transport or store goods for you if you want to negotiate amendments to the conditions.
DEFINITIONS
The meanings of the terms used in these conditions are set out below.
Carriage
The whole of the operations and services undertaken by the Carrier or any Person on behalf of the Carrier in respect of the Goods (whether gratuitously or not), including but without limiting the generality of this definition, loading, unloading, lifting, packing, handling, unpacking and storage of the Goods, the towing of a trailer, and the provision of forklift or crane services and any advice.
Carrier
Redman Transport Pty Ltd ACN 157 933 554 trading under its own name, or under any other business name, and its officers, employees, agents and Subcontractors.
Consequential Loss
Any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of this agreement and whether or not foreseeable at the time of entering into this agreement.
Container
Includes any container, trailer, wagon, transportable tank, pallet, flat rack or any other unit or device used to consolidate Goods.
Customer
The Person who engages the Carrier to provide services of Carriage.
Dangerous Goods
Goods that are or may become noxious, dangerous, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to damage any property whatsoever.
Enforcement Costs
Any fees, costs and expenses, including legal expenses, incurred by the Carrier in connection with any default under or enforcement or attempted enforcement of these conditions on an indemnity basis
Force Majeure Event
An act, event or cause that is beyond the reasonable control of the Carrier or its officers, employees or agents or its Subcontractors, including but not limited to:
Goods
The property from time to time accepted by the Carrier for Carriage and includes any Container or packaging supplied by or on behalf of the consignor or the Customer.
Interest
An amount that is calculated on any Outstanding Amount at the rate of 3% per calendar month, compounded monthly.
Outstanding Amount
Any amount which remains unpaid upon the expiry of the credit terms extended by the Carrier or for which the Customer is otherwise liable, pursuant to these conditions, to the Carrier.
Person
includes a corporation, company, partnership or any other entity.
PPSA
Personal Property Securities Act 2009 (Cth) (as amended from time to time) and the regulations.
Subcontractor
includes any Person who pursuant to a contract or arrangement with any other Person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of it.
Terms used in these conditions have the same meaning as under the PPSA.
NEGATION OF LIABILITY AS A COMMON CARRIER
The Carrier is not a common Carrier and will accept no liability as such. All Goods are carried and all storage and other services are performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse the Carriage of Goods for any Person and the Carriage of any class of goods at its discretion.
CUSTOMER’S WARRANTIES
The Customer warrants that:
Without limiting the above section, the Customer:
(a) acknowledges that the Carrier has no responsibility or liability in relation to:
(b) must ensure that any pallets are transferred from and to any relevant hire accounts and that any necessary documentation is signed and delivered to the applicable pallet hire company; and
(c) releases and indemnifies the Carrier from and against:
The Carrier relies on the details of description, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, but does not admit their accuracy.
The Carrier accepts no responsibility for collection of cash or other payments from any party.
The Customer will indemnify the Carrier:
RIGHT TO SUBCONTRACT
The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.
EXTENSION OF EXEMPTIONS TO SUBCONTRACTORS
The Customer agrees that no claim or allegation may be made against any employee, agent, or Subcontractor of the Carrier that imposes or attempts to impose upon such Person any liability whatsoever arising out of or in any way connected with the Goods or the Carriage of them whether or not arising out of negligence or a wilful act or omission on the part of any of them and if such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences of any such claim or allegation.
Every exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled under these conditions will also be available to and will extend to protect:
For the purposes of the above clauses, the Carrier is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such Persons and each of them and all such Persons and each of them will to this extent be or be deemed to be parties to this agreement.
LIABILITY OF CARRIER
The Customer acknowledges and agrees that neither the Carrier nor any employee or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to these conditions will in any circumstances (except where any statute otherwise requires) be under any liability whatsoever (whether in contract, tort or otherwise) for:
Without limiting the generality of the foregoing, the Carrier will not be liable for any loss of or damage to Goods:
The Carrier will be entitled to the benefit of the exclusion of liability provided for, even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of contract or otherwise will under any circumstances constitute a fundamental breach of contract, or a repudiation of contract such as to have the effect of disentitling the Carrier from obtaining the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of liability of the Carrier contained in these conditions, and all such rights, defences, exemptions, immunities, limitations of liability and like protection will continue to have full force and effect in any event whatsoever.
Notwithstanding any other provision of these conditions, the Carrier will under no circumstances be liable for any claim for Consequential Loss.
Where the above clauses cannot legally operate and to the extent permitted by law, the Carrier’s liability (including for breach of any warranty, guarantee or any term implied by law into these conditions) is limited to:
CRANE/LIFTING SERVICES
Where the Carrier provides crane services at the request of the Customer, the Customer warrants that:
The Carrier can supply a standard selection of slings, lugs and chains for the customer, but accepts no responsibility for loss or delay if any slings, lugs or chains are found to be unsuitable for the purpose required by the Customer.
The Customer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift, measured from the radial point of the crane, will not exceed the limits of the crane.
ROUTE AND DEVIATION
The Customer authorises any deviation from the usual route or manner of Carriage of Goods that may in the absolute discretion of the Carrier be considered desirable or necessary in the circumstances.
If the Customer expressly or impliedly instructs the Carrier to use, or it is expressly or impliedly agreed that the Carrier will use a particular method of lifting, handling or storing the Goods or a particular method of Carriage, the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier, the Customer authorises the Carrier to lift, handle or store or to carry or to have the Goods lifted, handled, stored or carried by another method or methods.
DELIVERY
The Carrier is authorised to deliver the Goods at the address nominated to the Carrier by the Customer for that purpose. The Carrier will be conclusively presumed to have delivered the Goods in accordance with these conditions if at that address it obtains from any Person a receipt or signed delivery docket for the Goods.
If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the Carrier or the consignee otherwise fails to take delivery of the Goods the Carrier may at its option deposit the Goods at that place (which will be conclusively presumed to be due delivery under these conditions) or store the Goods and if the Goods are stored by the Carrier the Customer will 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 will be at liberty to redeliver them to the Customer from the place of storage at the Customer’s expense.
STORAGE
Where Goods are stored by the Carrier at the request of the Customer, the Customer will provide:
The Carrier may remove the Goods from a place of storage to another place of storage at its discretion.
The Customer must give 48 hours’ notice to the Carrier of its intention to remove Goods from storage.
The Carrier will not be obliged to deliver any Goods except to the Customer or to a person authorised in writing by the Customer to receive the Goods without:
The Customer will remove its Goods from storage within seven days of receipt of written notice from the Carrier.
If any identifying document or mark is lost, damaged, destroyed or defaced, the Carrier may open any document, wrapping, package or other Container in which the Goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership.
GENERAL LIEN
The Goods are accepted subject to a general lien for all charges now due or that may become due to the Carrier by the Customer on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which the Carrier provides or has provided services of Carriage.
If charges are not paid when due, or the Goods are not collected when so required or designated, the Carrier may, without notice, and immediately:
The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier for Carriage.
The Customer agrees that the lien arising under these conditions is a security interest.
If the Carrier requests, then the Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Customer to be done under this clause will be done by the Customer at its own expense. The Customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause.
The parties agree that, to the extent permitted by the PPSA:
DELAY IN LOADING OR UNLOADING
The Customer will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in accordance with its schedule of rates in respect of any delay in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period will commence upon the Carrier reporting for loading or unloading.
CARRIER’S CHARGES
Quotations provided by the Carrier are subject to withdrawal or revision by the Carrier without notice.
The Carrier's charges will be deemed fully earned on receipt of the Goods by the Carrier and are non-refundable in any event. The Customer agrees to pay all sums due to the Carrier without any deduction, counterclaim or set-off.
Any special instruction given by the Customer to the effect that charges will be paid by the consignee or any other third party will be deemed to include a stipulation that, if the consignee or third party does not pay the charges within seven (7) days of the date of delivery or attempted delivery of the Goods, the Customer will pay such charges.
If the Customer has a credit account with the Carrier, the Customer must pay any Carrier’s tax invoice within 14 days of the date of the Carrier’s tax invoice.
The Customer acknowledges and agrees that:
The Customer must pay the Enforcement Costs and Interest in respect of any Outstanding Amount.
Where the Carrier stores Goods for the Customer, the Customer must:
The Customer authorises the Carrier, but the Carrier will not be obliged, to pay any duties, taxes, imposts, outlays or charges at any port or place in respect of the Goods and the Customer will be liable to reimburse the amount of such disbursement (at cost + 10%) to the Carrier.
The Customer authorises the Carrier to provide to and obtain from other credit providers relevant information for the purpose of assessing the Customer’s credit worthiness. This information may include information whether by way of report record or otherwise about the credit worthiness, credit standing, credit history or credit capacity of the Customer.
If there is any variation to any of the information supplied by the Customer to the Carrier, or any change to the structure or nature of the Customer’s business (such as the conversion from a partnership to a company), the Customer will immediately notify the Carrier in writing and complete a new application for credit which will be considered by the Carrier.
If the Customer breaches any of these conditions, the Carrier may cancel the Customer’s credit facilities or refuse to provide further Carriage to the Customer. If the Customer defaults in making any payment in accordance with these conditions, then all money due to the Carrier will immediately become due and payable.
DANGEROUS GOODS
If the Carrier accepts Dangerous Goods for Carriage:
The Customer will indemnify the Carrier against all loss, damage or injury howsoever caused arising out of the Carriage of any Dangerous Goods whether declared as such or not and whether or not the Customer was aware of the nature of the Goods.
The indemnity stated above extends to Consequential Loss.
If, in the opinion of the Carrier, the Goods are or are liable to become of a dangerous or flammable or damaging nature, the Goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Customer and without prejudice to the Carrier's right to charge for the Carriage of the Goods.
CHAIN OF RESPONSIBILITY
As you may or may not be aware, changes were made to the Chain of Responsibility law on the 1st October 2018, where the HVNL law was amended to provide that every party in the heavy vehicle transport supply chain has a duty to ensure the safety of their transport activities.
Parties in the supply chain under the Heavy Vehicle National Law (HVNL) have an obligation to ensure breaches of road transport laws do not occur. Duty holders need to make sure that their action or inaction does not contribute to or encourage breaches of the HVNL. If a party’s actions, inactions or demands cause or contribute to an offence, they can be held legally accountable.
To explain simply: influence = responsibility = legal liability.
FORCE MAJEURE
The Carrier will not be liable for any failure or delay in performance of the Carriage if such failure or delay is due, in whole or in part, to a Force Majeure Event.
NOTIFICATION OF CLAIM
Notwithstanding any other provision of these conditions, the Carrier will, in any event, be discharged from all liability whatsoever in respect of the Goods unless written notice of a claim or an intended claim (together with particulars of the circumstances on which the claim is based) is given to the Carrier:
The Carrier will, in any event, be discharged from all liability whatsoever in respect of the Goods unless suit is brought:
APPLICABLE LEGISLATION
Notwithstanding anything contained in these conditions, the Carrier will continue to be subject to any implied terms, conditions, guarantees or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth or state legislation in so far as such may be applicable and prevents the exclusion or modification of any such term, condition, guarantee or warranty.
ENTIRE AGREEMENT
This agreement sets out the entire agreement of the parties with respect to its subject matter. No other agreement, warranty or representation, express or implied has been given or made by the parties with respect to the Carriage of Goods.
The Carrier will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an authorised officer of the Carrier.
GENERAL
These conditions will be construed in accordance with the laws in force in Queensland and the parties submit to the jurisdiction of the courts of Queensland.
Headings are included for convenience only and do not affect interpretation of these conditions.
Words importing the singular include the plural and vice versa and words importing a gender include other genders.
Where the Customer, consignor or consignee comprise two or more Persons an agreement or obligation to be performed or observed by the Customer, consignor or consignee binds those Persons jointly and severally.
The Carrier may alter these conditions at any time and any change will take effect from the date on which the Carrier notifies the Customer of any change.
If any part of these conditions is invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted; and these conditions will remain otherwise in full force.