Terms and Conditions
-
Definitions -
“Company” shall mean Coolamon Voyage (A.C.N. 653 958 555) its servants, agents, and subcontractors.
“Contract” means the Cover Page, Rate Sheets and these Service Contract Terms, any terms incorporated by reference, and any appendix hereto as may be amended from time to time.
“Customer” shall mean the shipper consignee or bailor of the goods or the person for whom any other services are performed by the Company in connection with the goods.
“Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this bill of lading.
“Goods” shall mean the chattels, articles and things tendered for carriage or bailment or other services by the Customer and shall include the container or containers or other packaging containing the same and any pallet or pallets or goods or containers with the same to the company.
“Dangerous Goods” shall mean such of the goods as shall be in fact or at law or that may become noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any persons or animals or to anything in which those goods are carried or stored or likely to harbour or encourage vermin or other pests.
2. The Company is not a common carrier and will accept no liability as such and it reserves the right to accept or refuse the carriage of any goods or the performance of storage of the goods or any other service at its discretion. The goods are carried and all storage, lifting, packing and other services are performed subject only to these terms and conditions (and when applicable the conditions printed on any other shipping documents issued by the Company for itself or as an agent of a carrier). In the event of and to the extent of any inconsistency between these Terms and Conditions and the conditions printed on any other shipping documents issued by or on behalf of the Company, these Terms and Conditions shall be paramount in so far as such provisions are inconsistent with these conditions
3. Freight, Expenses & Fees
a) The Customer shall be required to pay the Company amounts required under the Contract or Company’s Transport Document upon receipt of an invoice.
b) All Freight shall be paid at latest before delivery of the Goods.
c) Freight shall be payable based on information provided by or on behalf of the Customer. The Company may at any time open the Goods or Container(s) and, if the Customer’s Goods particulars are incorrect the Customer and the Goods shall be liable for the correct Freight and any expenses incurred in examining, weighing, measuring, or valuing the Goods.
d) If the Customer fails to pay the Freight when due they shall be liable also for payment of service fee, interest due on any outstanding and/or overdue sum reasonable attorney fees and expenses incurred in collecting any sums due to the Company.
4. Customer commitments and responsibilities:
a) The Customer expressly warrants that it is either the owner or the authorised agent of the owner of the goods and enters into this contract on its own behalf and also as agent for the owner of the goods and hereby expressly agrees to indemnify the Company against all claims by any other person, firm or corporation for any loss or damage or expense whatsoever arising from or incidental to or in connection with the carriage of the goods.
b) The Customer warrants that the description and particulars of the goods are complete and correct.
c) The Customer warrants that the goods are properly packed and labelled except where the Company has accepted instructions in respect of such services.
d) The Customer shall comply with the requirements of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the Company in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, shipping, customs, warehouse or other authority or corporation shall be paid by the Customer and the Customer shall provide to the Company all such assistance, information and documents as may be necessary to enable the Company to comply with such laws, orders or requirements.
e) The Customer agrees to indemnify and hold harmless the Company for all customs duty, excise duty, costs, expenses, fines or penalties that the Company becomes liable to pay for any reason whatsoever in respect of the goods and any documents relating to the goods pursuant to any law relating to customs or excise and whether or not arising from or in connection with the negligence of the Company or otherwise.
5. Dangerous goods:
a) Unless otherwise previously agreed in writing the Customer shall not deliver to the Company or cause the Company to deal with or handle dangerous goods.
b) If the Customer is in breach of sub-clause (a) above they shall be liable for all loss or damage whatsoever caused by or in connection with the goods howsoever arising and shall defend, indemnify, and hold harmless the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time.
c) If the Company agreed to accept dangerous goods and then in the opinion of the Company or any other person they constitute a risk to other goods, property, life or health, they may without notice be destroyed or otherwise dealt with at the expense of the Customer or owner.
6. Temperature Sensitive Goods:
The Customer undertakes not to tender for transportation any goods which require temperature control without previously giving written notice of their nature and in the case of a temperature-controlled container stuffed by or on behalf of the Customer further undertakes that the container has been properly pre-cooled or pre-heated as appropriate, that the goods have been properly stuffed in the container and that its thermostatic controls have been properly set by the Customer. If the above requirements are not complied with the Company shall not be liable for any loss of or damage to the goods caused by such non-compliance.
7. Company Commitment, Role and Limitation of Liability:
a) The Carrier shall take all reasonable degree of care, skill and judgment to provide the Services as per the Booking Confirmation
b) In all and any dealings with the customs authority for and on behalf of the Customer, the Company is always deemed to be appointed, and acts as, direct representative. Where the Company acts as direct representative, it does so as agent in the name of and on behalf of the Customer, as principal.
c) The Company shall not be liable for a loss or damage whatsoever arising from:
i. The act or omission of the Customer or owner or any person acting on their behalf.
ii. Compliance with the instructions given to the Company by the Customer, owner or any other person entitled to give them.
iii. Insufficiency of the packaging or labelling of the goods except where such service has been provided by the Company.
iv. Handling, loading, storage or unloading of the goods by the Customer or owner of any person acting on their behalf.
v. Inherent vice of the goods.
vi. Riots, civil commotions, strikes, lock-outs, stoppage or restraint of labour from, whatsoever cause.
vii. Fire, flood or storm.
viii. Any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of
reasonable diligence.
8. The Company shall not be under any liability for any loss of or damage ( including concealed damage, deterioration, contamination and evaporation) to or failure to forward, misforwarding and delay in forwarding or misdelivery, non-delivery or delay in delivery of any goods received by it or any consequential loss arising therefrom howsoever such loss, damage or consequential loss is caused, whether arising through misconduct, negligence of the Company or otherwise (including but without limiting the generality of the foregoing any act of the Company in respect of or in dealing with the goods including their carriage, packing or handling) and the Customer shall indemnify the Company from and against all liability in respect of any goods received by it to any person or persons, company or companies, having or claiming any interest in the said goods and further the Customer shall indemnify the Company from and against all liability for loss of life and or personal injury to any person or persons whatsoever of loss or damage to any property whatsoever caused or contributed to by the said goods or any inherent vice thereof or caused or contributed by the storage, carriage, packing, handling or otherwise dealing with the said goods, even though such loss of life, personal injury, loss or damage results from or is contributed to by the negligence of the carrier.
9. In addition to section (7.4) hereof the Company shall not be liable for loss of market, loss of use or consequential loss, concealed damage caused by inherent vice or nature of the goods or of the merchandise carried either in transit or in storage whether caused or contributed to by the negligence, wrongful act or default of the Company or from any other cause whatsoever.
10. In the event of the contract including any handling, installation, removal, assembly or erection of any kind whatsoever it is undertaken on the basis that the Company shall not be under any liability or responsibility for any loss, damage or injury of any kind whatsoever howsoever arising caused or incurred including without limiting the foregoing the negligence or wilful act or default of the Company or others. The disclaimer extends to include loss damage or injury to any person, property or thing and any loss consequently or otherwise arising from any loss damage or injury as aforesaid. The Customer shall indemnify the Company against all claims, loss, damage and expense arising from or in connection with such handling, installation, removal, assembly or erection whether due to the negligence or wilful act or default of the officers or employees of the Company or otherwise; provided that this indemnity shall not apply for the benefit of any officers or employee of the Company where the claim, loss, damage or expense arises from the negligence or wilful act or default of that officer or employee of the Company.