In these conditions the term ‘Carrier’ shall mean FIRST CHOICE COURIERS and shall include, unless the context otherwise requires, its servants, agents and sub-contractors.
The Carrier is not a common carrier and will accept no liability as such. The Carrier receives the right to refuse the carriage or transport of goods for any person, corporation, company or unincorporated body of association and the carriage or transport of any class of goods at its discretion.
The Carrier may arrange for the carriage of any or all the goods the subject of the contract by a sub-contractor and the Carrier in making the contract does so for its own benefit and also as agent for the sub-contractor. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the said goods to such sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
The consignor warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the same, that the packaging, container or pallets delivered with the goods comply with the requirements of the consignee, and that all customs duty, excise duty, harbour, dock, railway, shipping, warehouse and transport charges due in respect of the goods upon delivery thereof to the Carrier have been paid. Any expenses incurred by the Carrier in making good any failure by the consignor under this clause shall be paid by the consignor.
The consignor shall not tender for carriage any explosive, inflammable, dangerous or damaging goods, without prior approval in writing of the Carrier.
The goods the subject of the contract shall be at the risk of the owner and not the Carrier and unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration, contamination or evaporation of, or misdelivery, non-delivery or delay in delivery of any goods the subject of the contract, including frozen, refrigerated or perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or wilful act or default of a carrier as that term is defined herein; nor shall the Carrier be responsible for any consequential loss arising from any such loss, damage, deterioration, contamination, evaporation, misdelivery, non-delivery or delay in delivery; and this clause shall apply whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and the consignor or either of them, or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
The Carrier may make any deviation from the usual route or manner of cartage of goods or any interruption thereof which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.
The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with the contract if at that address he obtains from any person a receipt or a signed delivery docket for the goods. If the consignee is not in attendance at the address given during normal trading hours when delivery is attempted, it will become the responsibility of the receiver to collect the freight from the carrier’s nominated site, unless additional charges are paid by the consignor.
The consignor agrees that the person delivering any goods to the Carrier for carriage is authorised to sign the delivery docket on its behalf.
The consignor warrants that it is either the owner or the authorised agent of the owner of all goods the subject of the contract and the consignor accepts these conditions of contact for the consignee as well as for all other persons on whose behalf of the consignor is acting.
The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an officer of the Carrier.
No claim is maintainable against the Carrier in respect of loss of or injury to goods the subject of the contract unless notice in writing of such loss or injury is given to the carrier within (5) days after the date of delivery of such goods or in the case of non-delivery within (5) days after the person claiming became aware of such loss of injury.
Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as to value prior to collection.
If the goods are at any time re-weighed or re-measured, the Customer shall pay any proportional additional freight charges as determined by the Carrier. This may be in the way of additional coupons being used to cover such cost as determined by the Carrier. If any additional charges are not made by the Customer, the Carrier reserves the right to delay delivery of the goods until such time that payment is received.
These Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.