1. In these conditions “the carrier” shall mean Eclipse Couriers Vic. trading as Eclipse Couriers (herein called the Carrier) carrying on business in its own name or under any Business Name and unless the context otherwise requires its officers, servants, agents and sub-contractors the carrier is not a common carrier and will accept no liability as such whether arising through the act, neglect or default of the company, its servants, principals or agents, or otherwise howsoever. The Carrier reserves the right to refuse the carriage or transport of goods at its discretion.
2. The company acts only as agent for the purpose of arranging the transportation of goods and does not intend to contract as principal. Contracts for carriage are made directly between a customer and independent contractor, with the company as agent of each.
3. Under no circumstances whatsoever shall the company be liable in respect of loss or damage to goods or in respect of any delay in delivery thereof, whether arising through the act, neglect or default of the company, its servants or agents or principals.
4. The company will, as agent for but only at the request and expense of the consignor arrange additional insurance of the goods herein referred to.
5. 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 provisions if any such law or with ant 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 any goods subject to special rates of carriage 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, 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 charges shall be paid on such goods if deemed necessary by the Carrier.
d) 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.
6. a) Subject to clause 23 hereof the carrier shall not be under any liability whether in tort or in contract for any loss of or damage to or mis-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, non-delivery of goods held in its care, custody or control, or any consequential loss arising therefrom, howsoever caused including but not limited to any negligence or breach of contract by the carrier.
b) In the event of this contract of carriage 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 (including but not limited to any negligence or breach of contract by the Carrier) 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 including but not limited to any negligence or breach of contract by the Carrier.
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 containers packaging and pallets with any requirements of the consignee and for the expense incurred by the Carrier arising from any failure so to conform.
8. 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.
9. 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 fourteen (14) days of the date set for payment or, if no date set for payment within fourteen days (14) days of delivery or tendered delivery of the goods then the Consignor shall pay the said charges.
10. The Carrier may charge freight by weight, measurement or value and may at any time re-weight or re-value or re-measure or require the goods to be re-weighed, re-valued or re-measured and charge proportional additional freight accordingly.
11. These conditions shall be governed and constructed in accordance with the laws of the State from which the consignment is despatched 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. Should the Consignor of the goods described on the consignment pad not be in attendance at the address given during normal trading hours or at the time specified when delivery is as attempted an additional charge may be made at ruling rates for each call until delivery is effected.
13. The Carrier will deliver goods at intermediate points only by special arrangement and then only provided suitable facilities are available at all hours.
14. The Carrier may carry all goods or have them carried or on-forwarded by any method which the Carrier in its absolute discretion deems fit and notwithstanding any instructions verbal or otherwise that the goods are to be carried by a certain mode. The Carrier reserves the right to charge demurrage at the rate charged to the Carrier directly or indirectly by any Railway or Shipping Authority or by any other person, firm or company.
15. The Carrier may arrange for the carriage of the goods by any independent contractor or sub-contractor of the Carrier.
16. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of the carriage of goods, the Carrier in addition to acting for himself in acting as agent of and trustee for each of his servants and also any other person or company with whom the Carrier may arrange for the carriage of goods and the servants of such person or company so that his servant and such person or company and or clauses containing exclusions or limitations of liability are concerned and if insofar as may be necessary to or give effect to this clause the Carrier shall hold the benefit of these conditions for his servants and for any such person or company and his or its servants.
17. All the rights, immunities and limitations of liability 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 of any conditions hereof by the Carrier.
18. a) Packing – In regard to goods which the Carrier has been requested by the consignor to pack, 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.
b) 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 the products during any such loading or unloading operation or packing whilst such product is in transit by any means of transportation or whilst such product held in storage tanks for any reason whatsoever.
19. The goods are subject to a general lien for all charges now due or which may hereafter come due to the Carrier by the Consignor on any account whether in respect of the goods comprised herein or in respect of any other goods for which the Carrier provides transport or any other service. 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 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 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 sales without being liable to any person for any loss or damage thereby caused.
20. Insurance will not be arranged by the Carrier without the express instructions in writing from the Consignor and then only at his expense and upon lodgment of a declaration as to the value prior to collection. When insurance cover has been arranged by the Carrier, transit damage must be notified within 48 hours otherwise claims will not be recognised. In the case of a claim for goods lost in transit all claims shall be notified within 14 days or claims will not be recognised.
21. In respect of contracts made in Queensland these conditions shall be read subject to the Carriage of goods by Land (Carriers Liability) ACT 1967 of that State but except where repugnant to the provisions of that ACT shall continue to apply.
22. The Consignor authorises the Carrier (if the Carrier should think fit so to do) to contract either in the Carrier’s name as principal or as agent for the carriage of goods or for leasing or using any container in which the goods may be placed or packed and to give any receipt for the goods or any container whether subject to any terms and conditions or not and any such contract will be made upon the terms of contract for carriage whether by sea, rail, road or air or of any lease agreement or equipment hand over agreement interchange receipt or any other document as the case may require.
23. Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices ACT 1974 (CMTH) or any other Commonwealth or State legislation insofar as such may be applicable and prevents either expressly or impliedly the exclusion or modifications of any such terms and condition or warranty.
Unit 1, 57B Rhodes Street, Hillsdale NSW 2036
TEL: 02 9694 1999 FAX: 02 9661 7999
Unit 3, 39 Barrie Road, Tullamarine VIC 3043
TEL: 03 9330 0377 FAX: 03 9338 8299
13 / 67 Bancroft Road, Pinkenba Qld 4008
TEL: 07 3860 5566 FAX: 07 3860 5583