CONDITIONS OF CARRIAGE

  1. DEFINITIONS AND INTERPRETATION
    • In these conditions:

Additional Charges include fuel surcharges, account keeping fees, minimum pickup fees, provision of proofs of delivery, futile delivery charges, manual handling charges, redelivery and remote delivery fees, overlength, tailgate and Dangerous Goods surcharges, pickups outside ordinary business hours, residential deliveries, manual consignment note charges and handload charges as published on the Carrier’s website from time to time, or otherwise notified in writing to the Consignor.

Associated Entity means any associated entity of the Carrier in accordance with the meaning given to that term in the Corporations Act 2001 (Cth).

Authority includes any legal or administrative authority exercising any jurisdiction within an Australian state or territory.

Carriage includes any operations or services undertaken by or on behalf of the Carrier (whether gratuitously or not), in any way connected with Goods including loading, unloading, packing, unpacking, handling, transporting and storage of Goods, completing documents and the provision of any advice.

Carrier means Premiair Freight Pty Ltd (ABN 38 666 350 956) trading under its own or under any other business name and its officers, employees and agents.

Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state, the Road Traffic (Administration) Act 2008 (WA) and the Road Traffic (Vehicles) Act 2012 (WA) and any other Commonwealth, state or territory Law dealing with the obligations of parties involved in the transport of goods by road.

Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of Carriage and whether or not foreseeable at the time of entering into any agreement incorporating these conditions.

Consignor means the person whose name appears in the table at the end of this document.

Container includes any container, trailer, wagon, transportable tank, pallet, flat rack or any other unit or device used to consolidate Goods.

Crane includes any machine used for lifting Goods, including a sideloader.

Damage means physical damage and includes deterioration, evaporation, and contamination.

Dangerous Goods means Goods that are or may become noxious, dangerous, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to harm any property whatsoever.

Enforcement Costs means any fees, costs and expenses, including legal expenses on an indemnity basis, incurred by the Carrier in connection with any default under or enforcement or attempted enforcement of these conditions.

Force Majeure means acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, explosions, nuclear accidents, strikes, labour disputes and other industrial disturbances, any border closure or road closure or congestion of roads, pandemics, epidemics, any quarantine or customs restriction, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, Crane, machinery or equipment.

Goods means the property accepted by the Carrier from, or at the request of, the Consignor for the provision of Carriage and includes any Container or packaging supplied by or on behalf of the Consignor.

Interest means an amount calculated on any Outstanding Amount at the rate of 1.5% per calendar month, compounded annually.

Law includes:

  1. principles of law or equity established by binding court decisions, and
  2. applicable statutes, regulations, proclamations, orders, bylaws, requirements and approvals.

Outstanding Amount means any amount which remains unpaid upon the expiry of the credit terms extended by the Carrier or for which the Consignor is otherwise liable, pursuant to these conditions, to the Carrier.

PPSA means Personal Property Securities Act 2009 (Cth).

Subcontractor includes any person who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of the Carriage.

  1. a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
  2. headings are included for convenience only and do not affect the interpretation of these conditions;
  3. words importing the singular include the plural and vice versa and words importing a gender include other genders;
  4. where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
  5. wherever ‘include’ or any form of that word is used, it will be construed as if it were followed by ‘(without being limited to)’;
  6. terms used have the same meaning as under the PPSA; and
  7. all indemnities survive the termination or expiration of any agreement incorporating these conditions.

 

  1. NEGATION OF LIABILITY AS A COMMON CARRIER

The Carrier is not a common carrier and will accept no liability as such. All Goods are carried and all Carriage is performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse, in its discretion, to provide Carriage in respect of any goods.

 

  1. CARRIER’S OBLIGATIONS

The Carrier will:

  1. take reasonable care to protect and safeguard the Goods;
  2. provide the Carriage exercising the degree of skill, care and efficiency that would be expected from a competent provider of Carriage;
  3. at its own expense, hold all licences as may be required by Law in connection with the Carriage;
  4. use reasonable endeavours to deliver the Goods to the address nominated by the Consignor and to effect delivery at the date and time requested by the Consignor (subject to compliance with all Law, including Chain of Responsibility Law); and
  5. use reasonable endeavours to comply with the Consignor’s reasonable and lawful directions.

 

  1. ASSOCIATED ENTITIES
  1. the Carrier holds the benefit of the rights and privileges under these conditions on trust for its own benefit and for the benefit of each Associated Entity, and the Carrier may enforce these conditions on behalf of any Associated Entity; and
  2. any breach of these conditions, or any negligence or other actionable acts or omissions by the Consignor may result in Associated Entities suffering loss or damage.
  1. WARRANTIES AND INDEMNITIES
  1. where the Goods require temperature control, provide written notice to the Carrier of the temperature range to be maintained;
  2. ensure that the loading of the Goods onto the Carrier’s vehicle will not cause the vehicle to exceed any dimension or mass limits under Chain of Responsibility Law;
  3. where the Goods require special treatment, provide written notice to the Carrier of the special treatment required;
  4. where required by Law, provide an accurate container weight declaration; and
  5. provide all documents, information and assistance necessary to allow the Carrier to comply with the requirements of any Authority.
  1. the Goods are in fit state to allow the Carriage to be performed and are packed in a manner adequate to withstand the ordinary risks associated with the Carriage;
  2. the Goods within any Container are adequately restrained in accordance with the Load Restraint Guide published by the National Transport Commission;
  3. it is authorised by all persons owning or having any interest in the Goods (including the consignee) to accept these conditions on their behalf;
  4. all details supplied with respect to the Goods, including the details of description, items, pallet space, quantity, weight, volume, quality, value and measurements, are correct;
  5. there is a suitable and safe road and approach for the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered;
  6. safe and adequate loading facilities and equipment will be available at any place from which any Goods are to be collected and to which any Goods are to be delivered; and
  7. Carriage is supplied for the purpose of a business, trade, profession or occupation carried on or engaged in by the Consignor.
  1. in respect of any liability whatsoever in respect of the Goods to any person (other than the Consignor) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and
  2. against all losses, damages, claims, fines, expenses, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of:
  3. a breach of the Consignor’s obligations under these conditions;
  4. the nature or condition of the Goods; or
  5. the negligence, wilful misconduct or recklessness of the Consignor or the consignee.

 

  1. SUBCONTRACTING
  1. all Subcontractors;
  2. every employee or agent of the Carrier or of a Subcontractor;
  3. every other person (other than the Carrier) by whom the Carriage or any part of the Carriage is undertaken; and
  4. all persons who are or are found to be vicariously liable for the acts or omissions of any person falling within clauses 6.3(a), 6.3(b) or 6.3(c).
  5. For the purposes of clause 6.3, the Carrier is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them will to this extent be, or be deemed to be, parties to any agreement incorporating these conditions.

 

  1. LIABILITY OF CARRIER
  1. loss of the Goods;
  2. Damage to the Goods; or
  3. misdelivery, delay in delivery or non-delivery of the Goods, whether in the course of Carriage or otherwise, including where the loss or Damage is caused, or alleged to have been caused by the negligence of the Carrier.
  1. caused by:
    1. Force Majeure;
    2. the Carrier following the Consignor’s instructions;
  1. vibration, road conditions, weather or weather events of any kind whatsoever;
  2. the Goods being inherently defective or in such a condition that they cannot be loaded, unloaded or transported by road without Damage;
  3. inherent vice or the nature of the Goods;
  1. comprising electrical or mechanical derangement, shrinkage or ordinary wear and tear; or
  2. where such loss becomes apparent as the result of a stock count or stocktake.
  1. supplying the services of Carriage that were supplied with respect to the lost, Damaged or mis/non-delivered Goods, again; or
  2. payment of the cost of having the services of Carriage that were supplied with respect to the lost, Damaged or mis/non-delivered Goods, supplied again.

 

  1. CONTAINERS AND PALLETS

Notwithstanding any other provision of these conditions, the Consignor:

  1. acknowledges that the Carrier has no liability or responsibility in relation to any hire charge or demurrage charge associated with any Container or pallet; and
  2. must ensure that any pallets are transferred to and from any relevant hire accounts and that any necessary documentation is provided to relevant pallet hire businesses.

 

  1. ROUTE AND DEVIATION

 

  1. INSPECTION

 

  1. DELIVERY
  1. the Consignor will pay or indemnify the Carrier for all costs and expenses incurred with respect to such storage; and
  2. the Carrier may, at any time, redeliver the Goods to the Consignor at the Consignor’s expense.

 

  1. CRANE SERVICES
  1. the road surfaces, access and egress to the site and the site itself are stable, adequate to support the Crane, clear of obstacles and of a gradient to allow the Crane to be operated safely;
  2. sufficient clearance will be afforded in respect of all overhead wires; and
  3. the specifications and size of the Crane are suitable for the site and for the Consignor’s purpose.

 

  1. STORAGE
  1. an address to which notices will be sent; and
  2. an inventory of the Goods to be stored.
  1. to any person other than the Consignor or a person authorised in writing by the Consignor; or
  2. in circumstances where any amount is due by the Consignor to the Carrier on any account whatsoever.

 

  1. LIEN
  1. remove all or any of the Goods and store them as the Carrier thinks fit, at the Consignor’s risk and expense; or
  2. without notice and immediately in the case of perishable Goods, or otherwise on the provision of 14 days’ notice, open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or public auction, including auction on an internet based platform) and apply the proceeds to discharge the lien and costs of sale without being liable to any person for any loss caused.
  1. attaches to the Goods when the Goods are accepted by the Carrier; and
  2. is a security interest.
  1. sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by the Carrier); and
  2. any right to receive a notice, statement or verification statement under sections 129, 130, 132, 134,135 or 157 of the PPSA is waived.

 

  1. CARRIER’S CHARGES
  1. any Additional Charges;
  2. Enforcement Costs;
  3. Interest on any Outstanding Amount;
  4. all storage, handling, stocktaking and reporting charges and any costs associated with loading or unloading Goods;
  5. any fuel levy imposed, which may be adjusted by the Carrier at any time on reasonable grounds to reflect fuel price movements;
  6. any additional costs arising from heavy or over-dimensional transport including costs associated with permits, escorts, pilots, equipment, bridge/road works and detours; and
  7. all charges imposed by Law including customs charges and excises and associated fines and penalties.
  1. pay the Carrier’s expenses and charges to comply with any Law including any customs, excise or warehouse charges;
  2. supply or pay for labour or machinery, or both, to load or unload the Goods;
  3. compensate the Carrier for any cost, expense or loss to any property caused by the nature of the Goods; and
  4. if the Goods are at any time re-quantified, re-weighed or re-measured, pay any proportional additional charges.

 

  1. DANGEROUS GOODS
  1. such Goods must be accompanied by a written declaration disclosing the nature of such Goods; and
  2. the Consignor must comply with all Law with respect to Dangerous Goods, including the Australian Code for the Transport of Dangerous Goods by Road & Rail.

 

  1. FORCE MAJEURE

The Carrier will not be liable for any failure or delay in performance of the Carriage if such failure or delay is due, in whole or in part, to any cause whatsoever beyond its control including due to Force Majeure.

 

  1. NOTIFICATION OF CLAIM
  1. in the case of Goods allegedly lost or Damaged in the course of loading, unloading or transit within fourteen (14) days from the delivery of the Goods or from the date on which in the ordinary course of business, delivery would have been effected; or
  2. in the case of Goods allegedly lost or Damaged during storage, within fourteen (14) days of the date of removal or attempted removal of the Goods from storage.
  3. The Carrier will, in any event, be discharged from all liability whatsoever in respect of the Goods unless legal proceedings are commenced:
  4. in the case of Goods allegedly lost or Damaged in the course of loading, unloading or transit within twelve months of their delivery or of the date on which, in the ordinary course of business, they should have been delivered; or
  5. in the case of Goods allegedly lost or Damaged during storage, within twelve months of the date of removal or attempted removal of the Goods from storage.

 

  1. APPLICABLE LEGISLATION

 

  1. ENTIRE AGREEMENT

 

  1. GENERAL