Carrier Terms & Conditions
The below terms and conditions apply each and every time, Fremantle Freight & Storage Pty Ltd or related party, enters into a contract to pickup, move and/or deliver a container for or on your behalf.
CONDITIONS OF CONTRACT
1. In these conditions –
“Carrier” shall mean FREMANTLE FREIGHT & STORAGE PTY. LTD., its successors or assigns, its servants and agents.
“Sub Contractor” shall mean and include -
(i) All companies which are now subsidiaries of Fremantle Freight & Storage Pty. Ltd., within the meaning of that expression as defined in the Companies Act.
(ii) Railways operated by the Commonwealth or any State.
(iii) All Companies which are members of the National Freight Forwarders’ Association and its affiliated Associations.
(iv) Any other person firm or company with whom the Carrier may arrange for the carriage or storage of any goods the subject of this contract any person which is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in (i), (ii), (iii) and (iv) above.
2. 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 Carrier subject only to these conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE STORAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON, CORPORATION OR COMPANY AND THE STORAGE OR TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by a Director, Secretary or Manager of the Carrier.
3. The Consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of 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 sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as trustee for the sub-contractor.
4. If the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail, sea or air, the Carrier will give priority to the method designated but if the method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorise him to carry or have the goods carried by another method or methods.
5. Where forwarding is delayed under instructions from the Consignor or by circumstances beyond the control of the Carrier the goods may be warehoused or stored at the Carrier’s sole discretion and at the Consignor’s expense.
6. (a) Unless otherwise expressly agreed in writing, no responsibility in tort or contract or otherwise will be accepted by the Carrier for any loss of or damage to or mis-delivery or failure to deliver or delay in the 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.
(c) 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 at that address he obtains from any person a receipt or signed delivery docket of the goods.
7. The Carrier will effect insurance of goods as the Consignor’s agent if the Consignor instructs the Carrier so to do. Insurance of goods will not be effected for the benefit of the Consignor except under his written instructions and then only at his expense. Any claims must be notified within 48 hours.
8. The Carrier’s charges shall be considered earned as soon as the goods are loaded and despatched.
9. The Consignor will be and remain responsible to the Carrier for all its proper charges 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 that from the default of the Carrier. Such permissible delay period shall commence upon the carrier reporting for loading or unloading. Labour 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 permissible and out of the monies arising from he sale retain charges so payable and all charges and expenses of the detention and sale and shall renders the surplus of any of the monies arising from the sale of and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or effect charges due or payable in respect of such services 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 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 Consignor.
13. The Consignor expressly warrants with the Carrier that the Consignor 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 be entering into this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
14. It is specially agreed that all rights, immunities and limitations of liability granted to the carrier by the provisions set forth in the above conditions of carriage shall continue to have their full force and effects n all circumstances and notwithstanding any breach of the contract or of any condition thereof by the Carrier.
15. We wish to draw your attention that we are not common carriers and no responsibility will be accepted as such.
16. The prices quoted are based on current costs and are subject to variation as a result of any rise or fall in our operating costs or in the charges payable to the other parties included in our quotation.
17. We must point out that all contracts can only be undertaken these terms and no officer, agent or servant of the company has the power to alter these terms and conditions in any manner whatsoever.
INSURANCE OF THE GOODS IS THE CONSIGNOR’S RESPONSIBILITY
THE CARRIER IS NOT LIABLE FOR GOODS LOST OR DAMAGED IN TRANSIT