Conditions of Carriage and Storage

Conditions of Carriage & Storage

Please read the following conditions carefully and in their entirety. You will be bound by the conditions in this schedule if we carry or store Products for you.

This means:

  •  You must take out your own insurance cover over the Products.
  • If both you and the consignee are both operating a business:
    • the Products will be at your sole risk and our services are priced on this basis; and
    • we will not be liable for any loss of or damage to the Products, or any other losses you suffer, regardless of the cause of such loss or damage.

1. Definitions

The meanings of the terms used in this Schedule (other than those defined in the Trading Terms and Conditions) are set out below.

1.1 Carriage means the whole of the operations and services undertaken by the Supplier or any person on behalf of the Supplier in respect of the Products (whether gratuitously or not) including but without limiting the generality of this definition, loading, unloading, packing,
handling, transporting and storing the Products and the provision of any advice.

1.2 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 otherstate, territory or Commonwealth legislation dealing with the obligations of parties involved in road transport activities, such as consignors, transport operators, loaders, drivers and schedulers.

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

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

1.5 Dangerous Goods means Products that are or may become noxious, dangerous, flammable or damaging, or that are or may become
liable to damage any property whatsoever.

1.6 Fuel Levy means any sum payable to the Supplier based on movements in the price of diesel fuel, calculated on a weekly or monthly basis.

1.7 Products (for the purposes of this Schedule) means the property accepted by the Supplier from the Customer for Carriage including any container or packaging supplied by or on behalf of the Customer.

1.8 Regulated Waste means ‘regulated waste’ under the Environmental Protection Regulation 2008 (Qld) and any other commercial or
industrial waste (whether or not it has been immobilised or treated) where dealings with that waste are regulated by any state or federal
legislation.

2. Negation of liability as a common carrier

2.1 The Supplier is not a common carrier and will accept no liability as such. All Products are carried, and all storage and other services are
performed by the Supplier, subject only to these Conditions. The Supplier reserves the right to refuse the Carriage of Products for any
person and the Carriage of any class of Products at its discretion.

3. Customer’s warranties and obligations

3.1 The Customer warrants that:

(a) the Products are fit for Carriage and have been suitably packaged for those purposes;

(b) the Customer has the authority of all persons owning or having any interest in the Products to accept these Conditions on their
behalf;

(c) the details of description, items, palletspace, quantity, weight, quality, value and measurements supplied by the Customer are correct;

(d) there is a suitable practicable road and approach for the Supplier and the Supplier’s vehicles to the place from which the Products
are to be removed and the place to which the Products are to be delivered;

(e) any place from which any Products are to be collected or to which any Products are to be delivered will have safe and adequate loading facilities and equipment available;

(f) where the Products contain Regulated Waste, the Customer will provide to the Supplier all necessary documentation required by law to allow the transport of the Products by the Supplier;

(g) a person with authority to accept delivery of the Products will be available to accept delivery at the delivery premises during trading
hours;

(h) the Customer will be responsible for the loading and unloading of any Products that consist of items of machinery for which a
licence to operate is required;

(i) Carriage is supplied for the purpose of a business, trade, profession or occupation carried on or engaged in by the Customer;

(j) the Customer has complied with all laws and regulations in relation to Carriage of the Products;

(k) unless specifically declared in writing prior to Carriage, the Products are not Dangerous Goods or Regulated Waste; and

(l) the Customer has effected a policy of insurance to cover any loss of or damage to the Products during Carriage.

3.2 The Customer must:

(a) at the Customer’s cost, provide any information or documents required by the Supplier to perform the Carriage;

(b) provide sufficientinstructions to allowthe Supplierto adequately perform the Carriage in a timely manner;

(c) provide any information concerning the nature of the Products and their packaging that the Supplier requests;

(d) where the Products require special treatment (such as a particular orientation during Carriage), provide written notice to the
Supplier of the special treatment required; and

(e) where required by law, provide an accurate container weight declaration.

3.3 The Supplier relies on the details of description, items, palletspace, quantity, weight, quality, value and measurements
supplied by the Customer, but does not admit their accuracy.

4. Subcontracting

4.1 The Customer agrees that no claim or allegation may be made against any Personnel of the Supplier that imposes or attempts to impose upon such person any liability whatsoever arising out of or in any way connected with the Products or the Carriage of them whether or not arising out of negligence or a wilful act or omission on the part of any of them and ifsuch claim or allegation should nevertheless be made, to indemnify the Supplier against all consequences of any such claim or allegation.

5. Liability of Supplier

5.1 The Customer acknowledges and agrees that neither the Supplier nor any Personnel of the Supplier nor any other person who undertakes the Carriage of the Products at any time pursuant to these Conditions will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:

(a) any loss of or damage to, deterioration, evaporation or contamination of the Products, or

(b) misdelivery, delay in delivery or non-delivery of the Products or any of them, whether in the course of Carriage or otherwise including where loss, damage, deterioration, evaporation, contamination, misdelivery, delay in delivery or non-delivery is caused or alleged to have been caused by the negligence of the Supplier or its Personnel.

5.2 The Supplier will be entitled to the benefit of the exclusion of liability provided for in clause 5.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

5.3 Nothing whatsoever done or omitted to be done or other conduct by the Supplier in breach of contract or otherwise will under any
circumstances constitute a fundamental breach of contract, or a repudiation of contract such as to have the effect of disentitling the
Supplier from obtaining the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of liability of the Supplier
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.

5.4 Without limiting the generality of the foregoing, the Supplier will not be liable for any loss of or damage to Products:

(a) caused by a Force Majeure Event;

(b) caused by the Supplier following instructions given to it by the Customer;

(c) caused by vermin, infestation or mould;

(d) caused by vibration, road conditions, weather or weather events of any kind whatsoever, including but not limited to rain, hail or
storm damage;

(e) comprising glass, internal or external fittings, plasterwork, cornices or any other fragile material or substances;

(f) that are brittle, inherently defective or in such a condition that they cannot be loaded, unloaded or transported by road without damage;

(g) caused by inherent vice or the nature of the Products;

(h) where such loss or damage comprises of mechanical, electrical or electronic breakdown, derangement, or malfunction of the
Products; or

(i) caused by insufficiency or unsuitability of packing or preparation of the Products to withstand the ordinary incidents of Carriage.
For the purpose of this subclause, ‘packing’ will be deemed to include stowage of any Products inside a building or other structure.

6. Pallets and Containers

6.1 Without limiting the generality of clause 5, the Customer:

(a) acknowledges that the Supplier has no responsibility orliability in relation to:

(i) any Container or pallet used for Carriage; or

(ii) any hire charge or demurrage charge associated with any Container used for Carriage;

(b) must ensure that any pallets are transferred from and to any relevant hire accounts and that any necessary documentation is signed and delivered to the applicable pallet hire company; and

(c) releases and indemnifiesthe Supplier from and against:

(i) any liability in relation to the loss of Containers or pallets; and

(ii) the failure of any party to transfer pallets on or off any hire account or to return a Container.

7. Crane/lifting services

7.1 Where the Supplier provides Crane services at the request of the Customer, the Customer warrants that:

(a) the ground at the site where the Crane will be used is adequate to support the Crane;

(b) the ground giving access to the site is stable and firm and of a gradient to allow the Crane to be operated safely;

(c) sufficient clearance is afforded in respect of all overhead wires;

(d) the specifications and size of the Crane are suitable for the site where the Crane will be used and for the purpose required by the
Customer; and

(e) the road surfaces, access and egress to the site are clear of obstacles at all times and will allow safe movement of the Crane.

7.2 The Supplier will supply a standard selection of slings, lugs and chains but accepts no responsibility for loss or delay if any slings, lugs or chains are found to be unsuitable for the purpose required by the Customer.

7.3 The Customer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift,
measured from the radial point of the Crane, will not exceed the limits of the Crane.

8. Indemnities

8.1 The Customer will indemnify the Supplier:

(a) in respect of any liability whatsoever in respect of the Products to any person (other than the Customer) who claims to have, who
has, or who in the future may have any interest in the Products or any part of the Products; and

(b) against all Losses, or any other liability suffered or incurred by, or made or instituted against, the Supplier as a result, directly or
indirectly, of:

(i) a breach of the Customer’s obligations under these Conditions;
(ii) the nature or condition of the Products; or
(iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.

9. Inspection

9.1 The Customer authorises the Supplier, but the Supplier will not be obliged, to open any document, wrapping, package or other Container in which the Products are placed or carried or that are otherwise associated with the Products, for the purpose of determining the nature, condition, ownership, destination of the Products or for any other purpose that is reasonably necessary.

9.2 If the Supplier is required by law to open any document, wrapping, package or other Container in which the Products are placed or carried, the Supplier will not be liable for any loss, damage or delay incurred as a result of any opening, unpacking, inspection or repacking of the Products and will be entitled to recover the reasonable costs of such opening, unpacking, inspection or repacking.

10. Route and deviation

10.1 The Customer authorises any deviation from the usual route or manner of Carriage of Products that may in the absolute discretion of
the Supplier be considered desirable or necessary in the circumstances.

10.2 If the Customer expressly or impliedly instructs the Supplier to use, or it is expressly or impliedly agreed that the Supplier will use a
particular method of handling or storing the Products or a particular method of Carriage, the Supplier will give priority to that method but if
it cannot conveniently be adopted by the Supplier the Customer authorises the Supplier to handle orstore or to carry or to have the
Products handled,stored or carried by another method or methods.

11. Delivery

11.1 The Supplier is authorised to deliver the Products at the address nominated to the Supplier by the Customer for that purpose. The Supplier will be conclusively presumed to have delivered the Products in accordance with these Conditions if at that address it obtains from any person a receipt or signed delivery docket for the Products.

11.2 If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the Supplier or the consignee
otherwise fails to take delivery of the Products the Supplier may at its option deposit the Products at that place (which will be conclusively
presumed to be due delivery under these Conditions) or store the Products and if the Products are stored by the Supplier the Customer will
pay or indemnify the Supplier for all costs and expenses incurred in or about such storage. In the event that the Products are stored by the
Supplier, the Supplier will be at liberty to redeliver them to the Customer from the place of storage at the Customer’s expense.

12. Storage

12.1 Where Products are stored by the Supplier at the request of the Customer, the Customer will provide:

(a) an address to which notices will be sent;

(b) samples ofthe signatures of persons entitled to collect the Products; and

(c) an inventory of the Products to be stored.

12.2 The Supplier will be entitled to remove the Products from a place of storage to another place of storage at its discretion.

12.3 The Customer must give 48 hours’ notice to the Supplier of its intention to remove Products from storage.

12.4 The Supplier will not be obliged to deliver any Products except to the Customer or to a person authorised in writing by the Customer
to receive the Products without:

(a) a direction in writing from the Customer; and

(b) payment of all amounts due by the Customer to the Supplier on any account whatsoever.

12.5 The Customer will remove its Products from storage within seven days of receipt of written notice from the Supplier.

12.6 If any identifying document or mark is lost, damaged, destroyed or defaced, the Supplier may open any document, wrapping, package
or other Container in which the Products are placed or carried to inspect them either to determine their nature or condition or to
determine their ownership.

13. Delay in loading or unloading

13.1 The Customer will be and remain responsible to the Supplier for all its proper charges incurred for any reason. A charge may be made by the Supplier in accordance with the Supplier’s schedule of rates in respect of any delay in loading or unloading occurring other than from
the default of the Supplier. Such permissible delay period will commence upon the Supplier reporting for loading or unloading.

14. Supplier’s charges

14.1 The Supplier’s charges will be deemed fully earned on receipt of the Products by the Supplier and are non- refundable in any event.
The Customer agrees to pay all sums due to the Supplier without any deduction, counterclaim or set-off.

14.2 Any special instruction given by the Customer to the effect that charges will be paid by the consignee or any other third party will be
deemed to include a stipulation that if the consignee or third party does not pay the charges within seven days of the date of delivery or
attempted delivery of the Products the Customer will pay such charges.

14.3 Where the Supplierstores Products for the Customer, the Customer must:

(a) pay the Supplier’s expenses and charges to comply with any law or regulation or any order or requirement made under them or with the requirement of any market, harbour, dock, railway, shipping, customs, excise or warehouse authority, or other person;

(b) if any Products are under customs control, pay all customs duty, excise duty and costs (including any fine or penalty) that the
Supplier becomes liable to pay or pays;

(c) supply or pay for labour or machinery or both to load or unload the Products; and

(d) compensate the Supplier for any cost, expense or loss to the Supplier’s property or any person caused by the Products.

14.4 In addition to any other charges due under these Conditions, the Customer must pay:

(a) if the Products are at any time re-quantified, re-weighed or re-measured, any proportional additional charges; and

(b) all other chargesincurred in relation to the Carriage of the Products, including the Fuel Levy.

15. Products requiring temperature control

15.1 If the Supplier agrees to the Carriage of any Products that require temperature control, the Customer must give written notice to the Supplier:

(a) of the nature of those Products;

(b) of the temperature range to be maintained;

(c) confirming that the Products have been properly packed; and

(d) confirming that the Products have been properly maintained at the required temperature prior to Carriage.

15.2 The Customer acknowledges that:

(a) temperature variations can occur; and

(b) any temperature record maintained by the Supplier will, in the absence of a manifest error, be conclusive evidence of the
temperature during Carriage.

16. Dangerous Goods

16.1 Unless the Supplier agrees in writing with the Customer, the Supplier will not accept Dangerous Goods for Carriage. If Dangerous Goods are tendered without prior written agreement, the Dangerous Goods may at any time be destroyed, disposed of, abandoned or
rendered harmless without compensation to the Customer and without prejudice to the Supplier’s right to charge for the Carriage of
the Products.

16.2 If the Supplier accepts Dangerous Goods for Carriage:

(a) such Products must be accompanied by a fullwritten declaration disclosing their nature;

(b) the Customer must comply with all laws, regulations, ordinances and codes that deal with the Carriage of Dangerous Goods,
including but not limited to the Australian Code for the Transport of Dangerous Goods by Road & Rail; and

(c) the Customer warrants that the Products are packed in a manner adequate to withstand the ordinary risks of Carriage and Storage
having regard to their nature.

16.3 The Customer will indemnify the Supplier against all loss, damage or injury howsoever caused arising out of the Carriage of any Dangerous Goods whether declared as such or not and whether or not the Customer was aware of the nature of the Products.

16.4 The indemnity in clause 16.3 extends to Consequential Loss.

16.5 If, in the opinion of the Supplier, any Dangerous Goods accepted under clause 16.2 become, or are likely to become, dangerous to other goods or property, or any person, the Supplier may nevertheless destroy, dispose of or abandon the Dangerous Goods without
compensation to the Customer and without prejudice to the Supplier’s right to charge for the Carriage of the Products.

17. Notification of claim

17.1 Notwithstanding any other provision of these Conditions (other than clause 3.2 of the Trading Terms and Conditions), the Supplier will in any event be discharged from all liability whatsoever in respect of the Products unless written notice of a claim or an intended claim
(together with particulars of the circumstances on which the claim is based) is given to the Supplier:

(a) in the case of Products allegedly lost or damaged in the course of loading, unloading or transit, within 24 hours of delivery of the
Products (if the Products are perishable) or 14 days of delivery of the Products (if the Products are not perishable) or, in the case
of non-delivery, within 14 days of the time at which, in the ordinary course of business, delivery would have been effected; or

(b) in the case of Products allegedly lost or damaged during storage, within 14 days of the date of removal or attempted removal of the
Products from storage.

17.2 The Supplier will be discharged from all liability whatsoever in respect of the Products unless suit is brought:

(a) in the case of Products allegedly lost or damaged in the course of loading, unloading or transit within 12 months of their delivery
or of the date on which they should have been delivered; or

(b) in the case of Products allegedly lost or damaged during storage, within 12 months of the date of removal or attempted removal
of the Products from storage.

18. Chain of Responsibility Law

18.1 The Supplier and the Customer must comply with all applicable laws and regulations, including Chain of Responsibility Law.

18.2 The Customer must not impose any requirement on the Supplier that would directly or indirectly encourage or require the Supplier or
any person on behalf of the Supplier to speed, drive while fatigued or otherwise perform the Carriage in an unsafe manner.