CONDITIONS OF CARRIAGE

In these conditions:-

“Carrier” shall mean Nedroc Pty Ltd. (A.C.N. 070 131 609, A.B.N 15 070 131 609) trading as Corden Transport, it’s servants and agents
“Consignment” means the goods accepted from the Consignor together with any containers, packaging or pallets supplied by or on behalf of the Consignor and used in relation to provision of the Services
“Consignor” shall mean the person with whom the Carrier contracts to provide Services and its servants or agents
“Consignee” shall mean the person to whom the Consignor consigns, sends or directs the Consignment and its servants or agents
“Services” shall mean the whole or part of the operations and services undertaken by the carrier in connection with the Consignment including but not limited to the collection, carriage, transportation delivery and storage of the Consignment but excluding craneage unless otherwise specified.
“Subcontractor” shall mean and include;
(a) All companies which are now subsidiaries of any state
(b) Railways operated by the Commonwealth or any State
(c) Any other person firm or company with whom the Carrier may arrange for the carriage of any Goods the subject of this contract: and any person who is now or hereafter a servant, agent, employee or subcontractor of any of the persons referred to in (a), (b) or (c).

2. The Carrier is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse the carriage or transport of articles for any person, corporation, or company and the carriage or transport of any class of articles at its discretion

3. The Consignor hereby authorised the Carrier (if it should think fit to do so) to arrange with a Subcontractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of said goods to such Subcontractor who shall thereupon be entitled to the full benefit of these terms and conditions by the same extent as the Carrier. In so far as it may be necessary to ensure that such Subcontractor shall be deemed to enter into this contract for its own benefit and also as trustee for the Subcontractor.

4. If the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail, sea, or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorise him to store, handle, carry, offload and deliver the Goods by whatever methods as the Carrier in its sole discretion may deem fit. The Carrier may charge in accordance with the method of carriage indicated on the face hereof regardless of the method used to carry or onforward the goods.

5. Unless otherwise expressly agreed in writing, no responsibility in tort or contract or otherwise will be accepted by the Carrier for any loss or damage to or deterioration of goods or misdelivery or failure to deliver or delay in delivery of goods including chilled, frozen or refrigerated or perishable goods either in transit or in storage for any reason whatsoever, and without limiting the foregoing the Carrier shall not be liable for:
(a) Any concealed damage to, inherent defect in or deterioration, contamination or evaporation of the goods
(b) Any loss or damage to the goods caused by, occurring during or arising directly or indirectly out of any packing, loading, unloading, handling, installation, removal, assembly, erection or storage of the Goods.

6. The Carrier will only effect insurance of goods as the Consignors agents and at the Consignors expense if the Consignor instructs the Carrier in writing to do so. Where the Consignor does not specify what class of insurance is to be effected, the Carrier may effect that class of insurance which the Carrier considers to be the most appropriate to the goods. Where such insurance is effected after written instructions from the Consignor, the insurance will exclude all claims resulting from wear, tear, moths, vermin, loss of market, consequential loss, loss of use or damage due to delay or inherent vice or nature of the subject matter or such exclusions otherwise advise to the Carrier at the time the insurance is effected

PAYMENT

(a) The Carriers charges shall be considered earned as soon as the goods are received by the Carrier for carriage and/or storage and subject to clause 26 under no circumstances will any charges paid to the Carrier be refunded.
(b) Should the Consignee not be in attendance at the place described hereon as the Consignees address when delivery is attempted during normal trading hours, an additional charge may be made at ruling rates for each subsequent attempt to deliver the goods
(c) Account terms are Nett 30 days to approved customers only. If a credit account is granted, payment of charges is due 30 days from the date of the consignment note. Any amount not paid by the due date will, at the discretion of the Carrier be subject to interest charged at 1.5% above the overdraft rate as charged by the ANZ bank and calculated on monthly balances. The customer will reimburse the Carrier for any expenses incurred in connection with the recovery of amounts overdue.
(d) Customers who have not been granted a credit account shall pay the Carriers charges within 7 days of the date of this Consignment Note.
(e) Every special instruction to the effect that the Carrier’s charges shall be paid by the Consignee/receiver shall be deemed to include a stipulation that if the Consignee does not pay the charges within 7 days of the date set for payment, or if no date is set within seven days of delivery or attempted delivery of the goods, the Consignor shall pay the Carriers charges including charges for any attempt to effect delivery.

8. The Consignor will be and remain responsible to the Carrier for all its proper charges incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier in respect of any delay period shall commence upon the Carrier reporting or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Consignor or Consignee.

9. If any person fails to pay charges due to the Carrier in respect of any services rendered by the Carrier on reasonable demand being made in accordance with this contract, the Carrier may detain and sell all or any of the goods of that person which are in its possession and out of any moneys arising from the sale retain charges so payable and all charges and expenses of the said detention and sale of and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due or payable in respect of such service or the said detention and sale

10. The Consignor or his authorised agent shall not tender for carriage any explosives, inflammable or otherwise dangerous or damaging goods without presenting a full description of these goods and in default of doing so shall be liable for all loss and damage caused thereby.

11. It is agreed that the person delivering any goods to the Carrier for forwarding is authorised to sign this consignment note for the Consignor.

12. The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.

13. Without derogating from clause 5 above the Carrier shall not be liable for any loss of market, loss of use or consequential loss concealed damage or damage caused by inherent vice or nature of the goods or merchandise carried (including chilled, frozen refrigerated or perishable goods) either in transit or in storage whether caused by negligence wrongful act or default of the Carrier or by any other cause whatsoever.

14. It is expressly agreed that all the rights immunities and limitations of liability granted to the Carrier by provisions set forth in the above conditions of carrying shall continue to have their full force and effect in the circumstances and not withstanding any breach of the contract or of any conditions hereto any the Carrier.

15. The Consignor shall be deemed to authorise any deviation from the usual route or manner or carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

16. Whereby express agreement or operation of the law the Carrier becomes responsible for damage to goods, no claim for such damage will be allowed unless lodged in writing at the Head Office of the Carrier within seventy two hours of delivery being effected.

17. 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.

18. The Carrier shall not be liable for loss or damage etc. as a result of events which constitute a fundamental breach of the contract or a fundamental terra thereof.

19. (a) If the Consignor declares the weight and dimensions or states a specific make or model or other identification details of any goods the subject of this Contract, the Consignor shall be responsible for any resulting losses or costs whatsoever including consequential losses or costs arising from any error or discrepancy in such information. Also should any error or discrepancy in such information declared by the Consignor be made manifest the Carrier reserves the right to requote the price and/or rates under this Contract.
(b) The Carrier may charge freight by weight, measurement or value and may at any time reweigh, revalue, or remeasure or require the goods to be reweighed, revalued, or remeasured and in the event of any increase being disclosed in the weight, value or measurement of any of the said goods then the Carrier may make an additional charge; (i) Proportional to such increase so disclosed. (ii) On account of any penalty incurred by it as a result of any such incorrect weight.
(c) Any claims for over charges for whatever reason (other than by reason of mathematical error apparent on the face of any invoice) are hereby waived by the Consignor to the extent that such a claim is not made within 21 days of the date of the invoice in respect of carriage of such goods. Such claim shall be made in writing to the Carrier.

20. A consignment received by the Carrier is accepted subject to the condition that the Carrier accepts no responsibility for the collection of cash on delivery payments on behalf of the Consignor or any other person. When a consignment is tendered by any person with instructions for the Carrier to collect such payments the Carrier shall not be bound by such instructions not withstanding that the Carrier may accept the consignment as tendered and perform the services.

21 It is agreed that no servant or agent of the Carrier nor any person has power to waive or vary any of the terms hereof unless such a waiver or variation is in writing and signed by an executive officer of Corden Transport.

22 The Consignor is responsible for all taxes and duties that may be levied in respect of the provision of the services.

23 The Consignor hereby indemnifies the Carrier in respect of the Carrier’s liability for any loss of or damage to, injury to any person, property or thing caused by, occurring during or arising out of any packing, loading, unloading, removal, assembly, erection or storage of the Goods.

24 The Carrier reserves the right to unpack unitized freight and shall not be liable for any loss or damage to the Goods caused by or arising directly or indirectly out of such unpacking.

25 (a) Subject to this contract the Carrier must deliver the Consignment to the address given to the Carrier by the Consignor for that purpose and the Carrier shall be deemed to have delivered the Consignment in accordance with this contract if at that address it obtains from any person a receipt or signed delivery note for the consignment.

(b) If the designated place of delivery should be unattended, or if the delivery cannot otherwise be effected by the Carrier, the Carrier may at its option (i) Deposit the goods at that place, (which shall be deemed to have delivered the Consignment in accordance with this contract). (ii) Store said Goods. If the Goods are stored by the Carrier, the Consignor shall pay or indemnify the Carrier for all costs and expenses incurred in or about such storage. If the Carrier stores the Goods, the Carrier is at liberty to redeliver the Goods to the Consignee from the place of Storage at the Consignors expense.

26 Not withstanding anything herein the Carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the Act is applicable to this contract and prevents exclusion, restriction or modifications of such warranties.

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TRANSPORT SPECIALISTS IN

  • General Freight
  • Full loads, part loads, palletised and parcel freight
  • Vehicles
  • Cars, motorcycles and boats and drop deck loads
  • Machinery
  • Daily Service
  • Door to Door delivery
    Metro area
  • On-Forwarding to country areas