Terms & Conditions
Conditions of Cartage 1. NU TRANS hereinafter referred to as “the carrier” which expression shall include (unless otherwise required) its servants, agents and sub-contractors 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 or transport of any class of goods at its discretion. 3. 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 duly authorised officer of The Carrier. 4. The goods for carriage must comply with all laws and regulations applicable to the nature, condition and packaging of said goods and any expenses or charges incurred by The Carrier in complying with such laws or regulations or any special requirements necessary from time to time to comply with statutory requirements shall be paid by the Consignor. 5. The Carrier expressly is NOT A COMMON CARRIER and shall not be liable to any person in respect of any loss or damage whatsoever to any goods, including consequential loss or loss or damage occasioned by the misdelivery, nondelivery or delayed delivery of such goods or loss or damage to such goods while the same are in the custody or under the control of The Carrier. The loss or damage referred to shall mean and include without limiting the foregoing loss or damage caused by the negligence or wilful act or default of The Carrier whether or not such loss or damage is foreseeable or contemplated. 6. In the event that the contract should include any handling, installation, removal, assembly or erection of any kind 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. This disclaimer extends to include not only loss of or damage to itemised equipment, 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 price payable by the Consignor to the Carrier shall be such freight charge as is quoted and such charges shall become immediately due and payable forthwith upon the delivery of the goods notwithstanding that the goods or some of them may not be delivered to the Receiver. 8. Special instructions 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. 9. The goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Carrier by the Consignor or any other account whether in respect of the goods comprised herein or in respect of other goods for which the Carrier provides transport or any other services if the lien is not satisfied and/or the goods are not collected, the Carrier may at its option and without notice, in the case of perishable goods forthwith and in any other case upon the expiration of one month either (a) remove such goods or part thereof and store them in such place of manner as the Carrier shall think proper and at the risk and expense of the consignor or as the case may be or (b) open any package and sell such goods or part thereof upon such terms as he 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 damaged thereby caused. 10. The Carrier is reliant on the information supplied by the Consignor which describes the freight being carried and in particular its mass weight, and hazardous goods declarations, and the Consignor must warrant that all information is true and correct. The Consignor shall indemnify and save and keep harmless the Carrier in respect of any damage, loss, fine or penalty suffered or incurred by the Carrier in the event that any such particulars are not correct. 11. These conditions shall be governed and construed in accordance with the laws of the State of Victoria and any proceedings against the Carrier shall be brought in that State and not elsewhere within twelve (12) months from the date of contract. 12. Insurance for the goods to be carried with not be affected by the Carrier and is the sole responsibility of the Consignor.