Terms and Conditions
SADAG TRANSPORT PTY LTD T/A CASELLA EXPRESS
A.B.N. 56 112 545 445
TERMS AND CONDITIONS OF CONTRACT
The following TERMS and CONDITIONS are an Extract from the STANDARD TERMS AND CONDITIONS OF CONTRACT of the Carrier. The CURRENT STANDARD TERMS AND CONDITIONS OF CONTRACT of the Carrier shall apply to this contract except where those conditions conflict with the conditions set out below. It should be noted that these Terms and Conditions are subject to alteration from time to time without notice and customers should ensure that they obtain an up-to-date copy.
1. The Carrier is NOT A COMMON CARRIER and will accept no liability as such.
2. The Carrier reserves the right to refuse the carriage or transport of goods for any person, Corporation or Company and the carriage of transport of any class of goods at its discretion.
3. All goods carried or other services rendered shall be subject only to these Conditions, and no purported variation or modification of these Conditions shall have any offset unless in writing, signed by an executive officer of the Carrier.
4. The goods are accepted by the Carrier subject to the following conditions:
a. That they comply with the requirement of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the Carrier in complying with the provision of any such law or with any order or requirement thereunder or with the requirement of any harbour, 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, all customs duty, excise duty and cost which the Carrier becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to customs or excise shall be paid by the Consignor.
c. That the goods are fully described in writing in the space provided hereon and the name and nature and the value of all goods subject to special rates of carriage, or of a noxious, 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, vehicle, 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, and that additional freight charged shall be paid on such goods if deemed necessary by the Carrier.
5. The Carrier SHALL NOT BE UNDER ANY LIABILITY for any loss of or damage to or misdelivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, non-delivery of goods held in their care, custody or control, or any consequential loss arising therefrom howsoever caused.
6. In the event of the contract including any handling, installation, removal, assembly or erection of any kind whatsoever it is undertaken on the strict basis that the Carrier accepts no liability for any loss, damage or injury of any kind whatsoever, however arising caused or incurred or occurring during any part of the movement. The disclaimer extends to include not only loss of or damage to itemised equipment itself, but loss, damage or injury to any person, property or thing damaged during the movement, and to include any loss consequently or otherwise arising from any loss, damage or injury aforesaid.
7. The provisions of these conditions of carriage shall apply to the container or containers or other packaging containing the goods and to any pallet or pallets delivered with the goods to the Carrier. The Consignor shall be responsible for the conformity of such packaging and pallets with any requirement of the Consignee and for any expense incurred by the Carrier arising from any failure so to conform.
8. Carriers freight charges and ancillary charges shall be considered earned as soon as goods are loaded and despatched from Consignor's premises or alternate despatch points or delivered to the Carrier for despatch.
9. Freight shall be considered earned whether the goods are delivered to the Consignee or not, and whether damaged or otherwise under no circumstances will any payment for freight be refunded or discounted.
10. Every special instruction to the effect that 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 if no date is set for payment, within seven (7) days of delivery or tendered delivery of the goods, then the Consignor shall pay the said charges at current scheduled rates of Sadag Transport Pty. Ltd. T/A Casella Express.
11. The Carrier may charge freight by weight, measurement or value, and may at any time re-weigh, re-value or re-measure and charge proportional additional freight accordingly.
12. The Carrier may carry all goods or have them carried by any method which the Carrier in its absolute discretion deems fit notwithstanding any instruction, verbal or otherwise of the Consignor, that the goods are to be carried by another method.
13. The Carrier will arrange for the carriage of the goods by an independent Contractor or sub-contractor of the Carrier.
14. Goods may be onforwarded by any means at the Carrier's discretion.
15. The Consignor authorises the Carrier (if the Carrier thinks fit to do so) to contract either in his own name as principal or as agent for the carriage of the goods and any such contract will be made upon the terms and subject to the conditions of any Bill of Lading or other forms or terms of contract for carriage whether by sea, rail, road or air.
16. Packing will be in regard to goods, which the Carrier has been requested by the Consignor to pack and which are described on the face of the Consignment Note.
17. The Carrier shall not be liable for any damage or loss whatsoever whether in the course of packing or in transit or otherwise and howsoever occasioned to the said goods or any of them.
18. When the Carrier is required to load or unload any liquids, partly liquids, substances or any commodities or products into bulk tanks or vessels, drums or containers, he shall not be liable for any loss, damage or contamination of product during any such loading or unloading operation or packing whilst any product is in transit by any means of transportation or whilst goods are held in store or bulk storage tanks for any reason whatsoever.
19. The Sender warrants that except as shown in any accompanying Sender's Certification the Consignment does not contain any explosive or volatile spirits or other cargo of a dangerous, inflammable or offensive nature or cargo, the carriage of which by the Carrier would be illegal or prohibited by any law or regulation of any State, Territory of the Commonwealth due to its nature, packaging or labelling.
20. The Sender hereby indemnifies the Carrier in respect of the Carrier's liability for death, bodily injury, loss and/or damage occurring wholly or partially as a result of or arising out of the Sender's failure to comply with this warranty.
21. The goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Carrier on any account. If the lien is not satisfied and/or the goods are not collected, the Carrier may at its option and without any notice, in the case of perishable goods forthwith and in any other case upon the expiration of one month, either:
(i) remove such goods or part thereof and store them in such a place and manner as the Carrier shall think proper and at the risk and expense of the Consignor or as the case may be, or
(ii) open any package and sell such goods or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for any loss or damage thereby caused.