Terms and Conditions!
1.1 BJ Howison T/as Innovation Transport Services (called "TheCompany" which expression unless the context otherwise requires includes a reference to all representatives) IS NOT A COMMON CARRIER and reserves the right to refuse to carry or store goods at its discretion./
1.2 This document constitutes the entire and only agreement between the Company and Sender in respect of the goods.
1.3 This document shall be construed in accordance with the laws of the State or Territory in which it is issued.
1.4 In these conditions unless the context otherwise requires, "Goods" means all those articles, items or goods referred to on the reverse side (including any contents, wrapping, packaging, pallet, container, parcel or case thereof): "Representative" means any person who is or becomes a servant or agent of The Company or any contractor or servant or agent of a contractor and any person whatsoever acting or under a duty to act in respect of the Goods and includes two or more persons: "Sender" means the person named or described on the reverse of as Sender Shipper, Depositor or Client (as the case may be); "Consignee" includes receiver; person includes corporation; words in the singular include the plural and vice versa; words importing one gender include each other gender.
1.5 If any Condition or part thereof therefore would but for this Condition be unenforceable illegal or invalid it shall be severed from these Conditions without prejudice or effect to the remaining provisions.
2.1 Sender shall ensure that the Goods comply with all laws, by laws, regulations and other requirements of all relevant authorities relating to the nature condition and packing of the Goods.
2.2 Sender will bear any duty excise or other tax or impost payable in respect of the Goods and reimburse The Company in respect thereof not withstanding any delay in delivery or any breach by The Company whatsoever or howsoever arising.
3.1 Sender shall specifically declare and fully describe in the space provided on the front the name nature and value of the Goods, and specify any of a valuable, fragile, noxious, dangerous, hazardous, liquid or inflammable nature or capable of causing damage or injury to any person or thing and any Goods so specified will be subject to special rates of carriage or storage.
3.2 Sender warrants that all the particulars inserted on this documents are accurate and shall indemnify The Company against all loss damage expense or liability whatsoever arising from any inaccuracy in those particulars.
4.1 The Company shall be at liberty to contract or arrange for the whole or any part of the carriage handling or storage to be performed by any other person ("a contractor") on any terms whatsoever.
4.2 Senders signature to or other entry into this document shall constitute an offer (irrevocable until any delivery of the Goods to the Consignee is effected) made to each Representative and deemed to be communicated to each Representative and accepted by the performance by the Representative of, or the undertaking by the Representative to perform, the services to be performed by him to the effect that inconsideration of the Representative entering into a contract with the Company and of performing or undertaking to perform services with respect to the Goods Sender agrees that the Representative shall be entitled to take advantage of these Conditions and that these Conditions shall form part of the agreement between Sender and the Representative that is constituted by such offer and acceptance.
4.3 Without prejudice to 4.2 Sender warrants that no claim shall be made by any person against any Representative contrary to these conditions (including, without limitation, condition 15.1) and agrees that if any person recovers any sum from a Representative pursuant to any such claim a like sum shall become immediately due and payable to the Company by Sender.
4.4 Sender warrants that he is either the owner or the authorized agent of the owner of the Goods and of the person to be charged for the freight and that Sender is authorized to enter into these Conditions on behalf of all such persons.
4.5 The Company may be in its absolute discretion forward or on forward the Goods by any one or more means routes depots stops or directions whatsoever, including any deviation from any agreed usual or customary means route depot stop or direction.
5.1 The Company may change for any delay exceeding 30 minutes in loading or unloading the Goods occurring other than from the default of the Company.
5.2 The Company shall not be responsible to provide any lab or plant machinery or other matters necessary for loading or unloading The Goods.
6. The Company may comply with the provisions and requirements imposed by any relevant authority whatsoever and any expense or charge arising by reason thereof shall be borne by Sender.
7.1 The Company may deliver the Goods at the address given to it by Sender for that purpose. The Company shall be deemed to have delivered the Goods in accordance with this agreement (inter alia) if at the set address it or a Representative obtains for any person a receipt or signed delivery docket for the Goods.
7.2 If the Consignee of the Goods is not in attendance during normal trading hours at the set address, the Company may charge Sender in accordance with the Company charges them prevailing (or in absence of such charges a reasonable sum) for any additional attempt at delivery until delivery is affected.
7.3 If instructions from Sender regarding disposing of perishable or non perishable Goods are not or cannot be obtained within a reasonable time having regard to the nature and Condition of those Goods, those Goods may be sold (by public auction in respect or private treaty) by the Company or otherwise deposed of without notice.
7.4 Payment or tender of the net proceeds of any such sale or disposal after deduction of all charges and expenses incurred therein and all other sums then owed to the Company by sender shall release the Company from all obligations whatsoever in respect of the Goods.
7.5 If for any reason beyond the control of the Company or as a result of instruction of Sender the forwarding or delivery of the Goods is delayed or cannot be accomplished, the Company may at its sole discretion store or warehouse the Goods and sender shall pay the Company on demand all costs and expenses in connection therewith.
8. PACKING, UNPACKING, STORAGE Where the Goods are packed and/or unpacked and/or stored by the Company, Sender will pay the Company the arranged fee or alternatively a reasonable fee for the packing, unpacking and storage of The Goods having regard to the nature of the Goods, the expenses of the Company in packing unpacking and storing and (if it so decides, without obligation to do so) insuring same and all other relevant matters whatsoever. If a reasonable fee is not agreed, an assessment thereof shall be made by person nominated by the President for the time being of the Victorian Road Transport Association acting as an expert whose assessment and binding on the parties.
9. DANGEROUS GOODS ETC Sender shall not tender for carriage or storage any explosive, inflammable or otherwise dangerous or damaging Goods without satisfying the other Condition and the following special conditions. Sender has previously made full disclosure to the Company for the nature of the Goods and the Company has agreed to carry and/or store the same.
9.2 At the time of loading the Goods, Sender shall supply the Company driver or other representative with written declaration stating the nature of the Goods and detailing the procedures necessary for safe carriage handling and storage and any action necessary in case of accident of fire involving the Goods.
9.3 The Goods are packed safely for carriage handling and storage and in accordance with all applicable laws by laws regulations and other lawful requirements.
9.4 The Goods and the carriage handling and storage thereof are fully and properly insured by Sender (unless otherwise arranged with the Company) in all respects to ensure the full protection and indemnity of the Company against all and every possible claim whatsoever arising out of any loss or damage to the Goods and any direct indirect or consequential loss damage injury or expense which may result from the carriage handling or storage thereof.
10. Freight and all other charges shall be deemed earned and payable on acceptance of the Goods from Sender.
11. All the rights, immunities and limitations from liability of the Company and representatives in this document shall continue in full force and effect not withstanding any breech (including breech which would otherwise be a fundamental breech or a breech of a fundamental term) of this document and not withstanding the termination of the carriage handling or storage of the Goods or any discharge of this agreement.
12.1 Insurance of the Goods will not be affect by the Company except with the express written instruction of Sender and then only at the expense of Sender and on lodgement of a declaration as to the value by Sender prior to acceptance of the Goods.
12.2 If insurance of the Goods is effected by the Company no claim may be made thereunder later than 14 days after the claim arises.
13. The Goods are accepted subject to a general lien for all freight storage and other charges due or to be become due to the Company on any account whatsoever from Sender the Consignee or the person charged for freight storage or other charges. If the lien is not satisfied the Company may in its absolute discretion and without notice detain and sell (by public auction or private treaty) all or any of the Goods and out of the proceeds of sale retain all such amounts due or to become due and all charges and expenses of the detention and sale and pay the balance to the Consignee. Neither the lien nor any such sale shall prejudice the recovery of any amount payable to the Company from the person liable therefore on any account.
14. Sender will indemnify and keep indemnified the Company against all loss, damage, or injury to any property or person arising from the carriage storage or handling of the Goods whatsoever and however arising.
15. EXEMPTION OF LIABILITY ETC.
15.1 To the extent permitted by law, the Company and each Representative shall not be liable for and no claim shall be made against the Company or a representative for or in respect of any loss damage expense or injury whatsoever howsoever caused and whether by negligence, misfeasance, willful act omission, default or otherwise and whether direct or indirect, consequential or otherwise, due to or arising from loss, damage or destruction of or to, or mis-delivery, non-delivery, or delay in delivery, concealed damage, deterioration, contamination or evaporation of the Goods or from any other cause or matter whatsoever.
15.2 If any provision or part of a provision of these Conditions would but for this Condition have the effect of excluding restricting or modifying any rights or remedies granted by an applicable law which are not by their terms capable of being excluded restricted or modified by agreement, such provision or part shall not apply to the extent to which any such right or remedy is granted by that law.
15.3 If a right or remedy which is not capable of exclusions modification or restriction by agreement is granted by such a law, and that law allows the Company to limit its liability with respect to that right or remedy, it shall be an express term hereof that the liability of the Company is limited in accordance with that law, and where so permitted by that law the liability of the Company shall be limited solely to the supplying of the Services again or the payment of the cost of having the Services again or the payment of the cost having the Service supplied again.
16. Restraint of trade policy
16.1 Restraint from Approaching Subcontractors
16.2 All companies employing ITS Transport to complete work on their behalf acknowledge that they agree under no circumstance to offer carriage directly or indirectly to any subcontractor who was introduced to them by or through ITS, for a period of not less than three months after the last date of any assignment where the subcontractor was used for carriage by them or they will be liable for an introduction fee of $5, 000 plus GST.
17.1 Payment terms are strictly 30 days from date of invoice unless otherwise expressly agreed to in writing. Any payments over 60 days may incur a 10.5% interest fee of the overdue amount.
17.2 All prices exclude GST and are subject to 9.9% fuel levy. Please note fuel levy may change without notice.
17.3 All prices quoted are subject to the standard CPI increases in line with government regulations.
17.4 A $10.95 administration charge per invoice for POD documentation and invoicing is charged.
17.5 Saturdays are charged with a minimum of 4 hours and with a loading of 20%. Sundays and Public Holidays are charged with a minimum of 6 hours and with a loading of 40%.