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Terms & Conditions

Conditions of carriage and storage

  1. Josie’s Transport Group and its associated companies (herein under 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. Any warranties under the Trade Practices Act or the Fair Trading Act that cannot be excluded still apply.