Terms and Conditions

1. In these conditions “Carrier” shall mean Territory Freight Specialists its servants and agents “Sub Contractor” shall mean and include:-
   
   (i) Railways operated by the Commonwealth or any State.
   
   (ii) All companies which are members of the Forwarders Division of the Australian Road Transport Federation and its affiliated Associations.
   
   (iii) Any other person, firm, company or statutory body or other organization with whom the cattier may arrange for the carriage of any goods the subject of this contract and any other person who is now or hereafter a servant, agent, employee or subcontractor of any of the above persons referred to in (i), (ii) and (iii) above.
2. (a) Territory Freight Specialists shall not be held liable for loss, damage or misdelivery or failure to deliver or delay in delivery of goods in storage or transit caused by fire, strike, insurrection, government restriction, force majored or other cause beyond its control.
   
   (b) The carrier is NOT A COMMON CARRIER and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the cattier subject only to those conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OF ARTICLES FOR ANY PERSON, CORPORATION OR COMPANY AND THE CARRIAGE OR REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON, CORPORATION OR COMPAY AND THE CARRIAGE MADE BY THE Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the OR TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION. The Carrier shall not be found by any agreement purporting to vary these conditions unless such agreements shall be in writing and signed on behalf of the carrier by a Director or the Secretary of the Carrier.
3. The Consigner hereby authorizes the Carrier (if it should think fit to do so) or arrange with a sub-contractor for the carriage of any goods the subject of this contact. Any such arrangements shall be deemed to be ratified by the Consignor upon delivery for the said goods to such sub-contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier, In so far as it may be necessary to ensure that such sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as trustee of the Carrier.
4. If the Consigner instructs the Carrier to use a particular method of carriage whether by road, rail, or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorize him to carry the goods carried by another method or methods
5. (a) Unless otherwise expressly agreed in writing no responsibility in tort or contract otherwise will be accepted by the Carrier for any loss or damaged to or misdelivery or failure to deliver or delay in delivery of goods either in transit or in storage for any reason whatsoever.
   
   (b) Goods shall be deemed to be in transit notwithstanding that the carriage of the goods may have been interrupted or the Carrier may have diverted from the usual route for such carriage.
6. The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the goods.
7. The Carrier will affect insurance of the goods as the consignors agent if the Consignors agent if the consignor’s instruct the Carrier so to do. Insurance of the goods will not be effected for the benefit of the consignor except upon his written instructions and then only at his expense.
8. The Carriers charges shall be considered earned as soon as the goods are loaded and dispatched.
   
9. The Consigner 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 respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading. Labor to load or unload the vehicle shall be the responsibility and expense of the Consignor or Consignee.
10. If any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier on reasonable demand being made in accordance with this contract, the carrier may detain and sell all or any of the goods of that person which are in its possession and out of moneys arising from the sale retain charges so payable and all charges and expenses of the detention and sale and shall render the surplus if any of the moneys arising from the sale of an such of the goods are remained unsold to the person entitled there to. Any such sale shall not prejudice or effect charges due or payable in respect of such service of the said detention and sale.
11. The consignor or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.
12. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Consigner.
13. The Consigner expressly warrants with the Carrier that the Consigner is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract of cartage and by entering into this contract the consignor accepted these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
14. Notice in writing of any claim intended under this contract must be given to the Carrier within five days after the date of delivery, unless so given and made the claim shall not enforceable against the Carrier.
15. When this contract is made in Queensland these conditions shall be read subject to The Carriage of Goods by Land (Carriers Liabilities) Act of 1967 as in force in that State and except where repugnant to the provisions of that Act these conditions apply.