Terms and Conditions
- In these Terms and Conditions (“Conditions”):”Carrier” means Josie’s Transport Group Pty Ltd Pty Ltd (Trading as “Josie’s Transport Group Pty Ltd”) and its related companies, servants, agents, sub-contractors, and employees. At no time is the Carrier a common Carrier and will accept no responsibility as such.”Carrier’s Charges” means the price that the Consignor will be charged by the Carrier as shown on the Carrier’s invoice. The price will be calculated by reference to the Carrier’s rates as prevailing at the time of carriage and such other terms as may be agreed by the Consignor and the Carrier from time to time.
“Consignor” means the party signing this document and includes all employees, associates and parties authorised by the Consignor to deal with the Carrier under this agreement.
“GST” means a tax, levy, duty, charge or deduction together with any related additional tax, interest, penalty, fine or other charge imposed by or under the GST Act.
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
- The Consignor agrees to enter into this agreement for a minimum period of 12 months. This 12 month period begins on the date on which this agreement is signed by the Consignor.
- To the extent that services performed by the Carrier on or after 1 July 2000 are a taxable supply under the GST Act, the Carrier’s Charges shall be adjusted to fully account for the GST liability arising in respect of those services.
- If the Carrier determines on reasonable grounds that the amount of GST referrable to any services performed by it pursuant to these conditions differs for any reason from the amount of GST included in the original invoiced price, the amount of GST payable by the Consignor shall be adjusted accordingly and recovered from the Consignor.
- The cartage of goods by the Carrier to the Consignor will be performed in accordance with the terms contained in the Carrier’s standard conditions of carriage as they appear on the reverse side of the Carrier’s consignment note and as attached to this application.
- Pricing and servicing of this agreement is in accordance with attached specifications.
- Upon the approval of this application for credit, the applicant hereby agrees with Josie’s:
- To pay for all cartage of goods within 7 days from the last day of the month in which the goods were transported.
- A monthly accounting fee of $ 5.00 is payable per account.
- That all cartage of goods is conducted by Josie’s for the applicant only upon the terms contained in Josie’s standard conditions of carriage.
- The applicant agrees to pay any costs, commissions and legal expenses whatsoever arising from the collection of any overdue monies. Such interest, costs and commissions, and legal expenses may be recovered as a liquidated debt.
- That where there is more than one applicant, each applicant shall be jointly and severally liable under the terms of this application.
- The applicant agrees to notify Josie’s of any change in ownership or address.
- In accordance with section 18K (1) (B) of the Privacy Act 1988, if Josie’s considers it relevant in assessing my/our application for Commercial Credit, I/We consent to Josie’s obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to commercial credit provided by Josie’s.
- Requests for credit will not be accepted if account is overdue in excess of 30 days.
Insurance on Goods in Transit/Storage
Please note that Josie’s Transport Group (herein after referred to as “the Carrier”), is NOT a common carrier and accepts no liability as such.
The Carrier and its associated companies do not provide insurance for any goods in transit or in storage.
All goods are received subject to the conditions set out below.
The following conditions apply to all consignments of goods carried or stored by the carrier.
Conditions of Carriage and Storage
- Josie’s Transport Group and its associated companies (hereinunder referred to as ‘the carrier’ which expression will include its servants, agents and subcontractors) is not a common carrier and will accept no liability as such. All goods carried or other services performed shall be subject only to these conditions of carriage and the Carrier reserves the right to accept or refuse the carriage of any goods at its discretion.
- The Consignor or his authorised agent shall not tender for carriage any explosive, 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.
- The Carrier may arrange with any other person or company to undertake the carriage hereby contracted for or services ancillary thereto and any such person or company, its servants, its officers, agents, employees, subcontractors and any others whose acts it may be responsible, shall be entitled to the benefit of these conditions to the same extent as the Carrier.
- All goods are carried subject and liable in every respect to the Bills of Loading issued by and/or conditions imposed by any steamship company, railway, port or harbour authority or other carriers of the goods and are freighted at ordinary rates unless otherwise instructed in writing by the Consignor or his authorised agent.
- The Carrier accepts no responsibility for any damage, including injury, delay or loss of any nature arising out of or incidental to the carriage or any services ancillary thereto or which may occur at any time after the goods have been delivered to the Carrier and before the goods have been delivered to the Consignee whether due or alleged to be due to misconduct or negligence on the part of the Carrier or not.
- The Carrier shall not be responsible for any loss or damage to a misdelivery or non-delivery or delay in the delivery of any goods howsoever, whensoever occasioned in respect of any goods entrusted to or carried or handled or stored by it even where such loss, damage, misdelivery, non-delivery or delay in delivery may have occasioned by the negligence wrongful act or default of whatsoever nature of the carrier (whether intentional or not) and the Consignor expressly warrants that the contract or carriage herein entered into contains no clause condition or warranty either or implied which would make the carrier responsible for any loss, damage, misdelivery, non-delivery or delay in the delivery of the goods referred to herein.
- Insurance on carriage and/or storage will not be affected by the Carrier to the benefit of the Consignor except with his express instruction in writing.
- The Carriers charges for carriage shall be paid by the Consigner without prejudice to the Carrier’s right against the Consignee or any other person, provided that when it is stated on the consignment note or docket that the charges are payable by the Consignee or the goods are consigned ‘C.O.D’ or ‘Freight Collect’, the Consigner shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.
- It is expressly agreed that any person who delivers the goods referred to herein to the Carrier for carriage transport or storage is authorised to sign this contract and to accept the conditions herein on behalf of the consignor and that the consignor is either the owner of the goods or a person duly authorised by the owner to enter into this contract.
- These conditions shall be governed and constructed by the law of Victoria wheresoever the contract was made and any proceedings in respect of any matter or thing against the Carrier shall be instituted or carried on in the state of Victoria only.
- No claim in respect of any loss or damage may be made unless notice of the claim is lodged in writing at an office of the Carrier in the State in which the consignment note is issued within seven (7) days after delivery was affected or would in the ordinary course of business have been affected.
- The Carrier shall have a lien on the goods and any documents relating thereto and on any other goods of the Consignor in the possession of the Carrier or any documents relating thereto for all sums payable by the Consignor to the Carrier and for the purpose shall have the right to sell any such goods by public auction or private treaty without notice to the Consignor.
- Any warranties under the Trade Practices Act or the Fair Trading Act that cannot be excluded still apply.