Terms and Conditions

1.	Willaton Transport Pty Ltd. (hereinafter referred to as the Carrier which expression shall include unless the context otherwise required its servants, agents and sub-contractors) is not a Common Carrier and will accept no liability as such. The Carrier reserves the right to refuse the carriage or transport for any person, corporation or company and the carriage or transport of any class goods at its sole discretion.
    (a)	The Consignor warrants that the goods comply with the requirements of any applicable law, related to the nature, condition and packaging of the goods and the expenses and changes of the carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbor, dock, railway shipping, customs, warehouse or other authority or Company shall be paid by the Consignor.
    (b)	If any of the goods are subject to the control of the Customs then the Consignor hereby agrees to hold the Carrier harm less and indemnified in respect of all customs duty excise duty and costs which the Carrier becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to customs or excise.
    (c)	The Consignor warrants that the goods are not and will not become during transport Dangerous Goods.
3.	The Carrier shall not be under any liability for any loss of or damage to or mis-delivery, delay in delivery non-delivery of goods either in transit or in storage whether caused by the negligence of the Carrier or by any other cause.
4.	Insurance will NOT be effected by the Carrier except with the express instructions in writing of the Consignor and then only at his expense and on lodgment of a declaration as to value prior to collection.
5.	Freight shall be considered earned whether the goods are delivered to the Consignee, or not and, whether damaged or other wise, under no circumstances will any payment for freight be refunded.
6.	Every special instruction to the effect that the charges shall be paid by the Consignee shall be deemed to include a stipulation that if the Consignee does not pay the said charges within seven (7) days of the date set for payment, or, it no date is set for payment, within (7) days of delivery or tendered delivery of the goods, then the Consignee shall pay the said charges.
7.	The Carrier may charge freight by weight, measure, and may at any time reweigh or revalue or re-measured or require the goods to be reweighed, revalued or re-measured and charge proportional additional freight accordingly.
8.	It is agreed that the person delivering or handing over any goods to the Carrier is authorized to sign the Consignment Note for the Consignor.
9.	Wheresoever the Consignment Note may have been issued these conditions shall be governed and constructed in accordance with the laws of the State Of Victoria and any proceedings against the Carrier shall be brought in the State of Victoria and not elsewhere.
10.	Should the recipient of the goods described hereon not be in attendance during the Carrier’s normal trading hours, when delivery will be attempted, an additional charge may be made at ruling rates for each call until it is accomplished.
11.	The Carrier will deliver goods at intermediate points only by special arrangement and then provided facilities are available at all hours.
12.	The Carrier will deliver the goods to the address given to the Carrier by the Consignor or any other address directed by the Receiver and the Carrier shall taken to have delivered the goods if at either address the Carrier obtains from any person an acknowledgement of delivery.
13.	Goods may be on-forwarded by any means the Carriers sole discretion.
14.	The Carrier is hereby authorized to arrange for the carriage of the goods by any independent contractor of the Carrier.
15.	In respect or any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods, the Carrier in addition to acting for himself is acting as agent of the and trustee for each of his servants and also any other person or company with whom the Carrier may arrange for the Carriage of the goods and the servants of such person or company so that his servants and such person or company and his or its servants are parties to this contract so far as the said clause or clauses containing exclusions or limitations or liability are concerned and if any in so far as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for his servants and any such person or company and his or its servants.
16.	It is specially agreed that all the rights, immunities and limitations of liability granted to the Carrier by provisions set forth in the above conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the contract or in any conditions thereof by the Carrier.
17.	The Carrier excludes from these conditions all conditions, warranties and terms implied by statue, general law or custom except for those conditions, warranties or terms that are non-excludable rights as determined by a court of competent jurisdiction.
18.	The Consignor shall specially declare and fully describe in writing the space provided herein the name and the nature and the value of all goods subject to special rates of carriage by reason of the value or nature, or of a noxious, toxic, dangerous ,hazardous or inflammable nature or capable of causing damage or injury to any other goods, or to any persons or animals with which, or to any store, vessel, vehicles, wagon, van, aircraft or other conveyance of any kind whatsoever in which they may be loaded, carried, packed or stored, or which are, liquid or partly liquid form and additional freight charges shall be paid on such goods if deemed necessary by the Carrier.
19.	In the event that the Consignor fails to declare the value of the goods as set out in clause 15 herein, then the parties agree that the lesser value of $100.00 or the value of the goods at the time the goods were received by the Carrier will be assigned as the value of the goods to be transported regardless of whether the actual value of the goods is substantially greater than the $100.00 value.
20.	The Consignor shall indemnify the Carrier against liability or expense that the Carrier incurs as a result of this Contract by the Consignor, or of the Carrier accepting goods for carriage or storage that are Dangerous Goods or may become dangerous or offensive. The Consignor shall compensate the Carrier for any loss or damage, howsoever caused by the Dangerous Goods to any property or goods whatsoever and indemnify the Carrier against all claims, demands, suits or actions made by the Consignor or any third party against the Carrier in relation to the carrying of such Dangerous Goods. Dangerous Goods is defined as any good which are prescribed determined to be dangerous under any Commonwealth, State or Territory Act or Regulations.
    21.1.	The Customer acknowledges and agrees that neither the carrier nor the servant or agent or Subcontractor of the Carrier nor any other Person who undertakers the Carriage of the Goods at any time pursuant to the Agreement will in any circumstances (except where statue otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:-
        (a)	Any personal injury or
        (b)	Any loss or damage to, deterioration, evaporation or contamination of the Goods, or
        (c)	Mis-delivery, delay in delivery or non-delivery of the Goods or any of them,
Whether in the course of the Carriage or otherwise or for any Consequential Loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation or mis-delivery, delay in delivery, non-delivery or Consequential Loss is caused or alleged to have been caused by the negligence or willful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatsoever.
    21.2.	The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 21.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly or knowledge that damage would probably result.
    21.3.	Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of contract of contract or otherwise will under any circumstances constitute a fundamental breach of contract, or a repudiation of contract, or a contract such as to have the effect or 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.
    21.4.	Where clauses 21.1, 21.2, 21.3 cannot legally operate and to the content permitted by law, the Carrier’s liability for breach or any warranty, guarantee or any term implied by law into this Agreement is limited to:-
        (a)	In the case of the supply of Carriage, the cost of having those services supplied again; or
        (b)	In the case of the supply of Goods, the lowest of the cost of replacing the Goods, acquiring equivalent Goods or having the Goods repaired.
22.	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 an officer of the Carrier.