TERMS AND CONDITIONS

In these conditions:
“Carrier” shall mean the LWP Logistics Pty Ltd, ABN 56167883954, its servants and agents.
“Sub-Contractors” shall mean and include:

• Railways operated by the Commonwealth or any
• Any other person, firm, or company with whom the Carrier may arrange for the cartage of any goods, the subject of this contract.

The Carrier is NOT A COMMON CARRIER and accepts 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.
ANOTHER 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 ARTICLE AT ITS DISCRETION.

The Carrier shall not be bound by any agreement purporting to vary these conditions unless such an agreement shall be in writing and signed on behalf of the Carrier by a director or the Secretary of the Carrier or Proprietor.

The Consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor 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 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. Insofar as it may be necessary to ensure that such a sub-contractor shall be so entitled, the Carrier shall be deemed to enter into this contract for its own benefit and also as trustee for the sub-contractor.

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. However, if that method cannot conveniently be adopted by the Carrier, the Consignor shall be deemed to authorise the Carrier to carry or have the goods carried by another method or methods.

Unless otherwise expressly agreed in writing, no responsibility in tort, contract, or otherwise will be accepted by the Carrier for any loss of or damage to, misdelivery, failure to deliver, or delay in the delivery of goods, either in transit or in storage, for any reason whatsoever.
The Carrier is authorised to deliver the goods at the address given to the Carrier by the Consignor for that purpose. It is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the goods.

Insurance remains the responsibility of the other party. Refer to Federal Government Regulations as of June 2004.

THE CONSIGNOR WILL BE AND REMAIN RESPONSIBLE TO THE CARRIER FOR ALL ITS PROPER CHARGES INCURRED FOR ANY REASON.
Labour to load or unload the vehicle shall be the responsibility and expense of the Consignor or Consignee.

If any person fails to pay charges due to the Carrier in respect of any service 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. Out of the monies arising from the sale, the Carrier may retain charges so payable and all charges and expenses of the detention and sale, and shall render the surplus, if any, of the monies arising from the sale 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.

The Consignor or their authorised agent shall not tender for carriage any explosive, inflammable, or otherwise dangerous or damaging goods without presenting a full description of those goods. In default of doing so, the Consignor shall be liable for all loss and damage caused thereby.

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

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 of cartage. By entering into 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.

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, either in transit or in storage, whether caused by the negligence, wrongful act, or default of the Carrier or by any other cause.

It is expressly agreed that all the rights, immunities, and limitations of liability granted to the Carrier by the provisions set forth in the above conditions of carriage shall continue to have their full force and effect in all circumstances, notwithstanding any breach of the contract or of any conditions hereof by the Carrier.

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

Where the owner or Consignor has declared the weight of the goods, and the Carrier has relied upon such declared weight, then the owner shall be responsible for all extra costs and risks incurred by the Carrier and shall be liable for any loss or damage or fines occasioned, either directly or indirectly, to the Carrier by reason of the Carrier having relied upon such declared weight.

Quoted charges make no allowance for waiting time, and all extra costs arising from waiting time shall be an additional charge.
Unless otherwise stated, cranes to load or unload are not included.
Should weights or dimensions exceed those stipulated, then any quotation is null and void, and the Carrier may increase cartage fees proportionally.
Quotations and agreements to carry are subject to permits being issued by the relevant authorities.

ANY DAMAGE CAUSED to the Carrier’s equipment through leaking fluids while in transit shall be repaired at the Consignor’s expense.

Price And Payment

At the Supplier’s sole discretion, the Price shall be either:

• As indicated on invoices provided by the Supplier to the Client in respect of services or equipment supplied on hire; or
• The Supplier’s quoted price, which shall be binding upon the Supplier, provided that the Client shall accept in writing the Supplier’s quotation within thirty (30) days.

The Supplier reserves the right to change the price in the event of a variation to the Supplier’s service.

At the Supplier’s sole discretion, a non-refundable deposit may be required.
At the Supplier’s sole discretion, a bond may be required, which shall be refunded upon the return of the equipment in a condition acceptable to the Supplier.

Time for payment for the services or equipment shall be of the essence and will be stated on the invoice or any other document. If no time is stated, then payment shall be due thirty (30) days following the date of the invoice.

The date upon which the Client advises of termination shall in all cases be treated as a full day’s service.

Payment will be made by cash, cheque, bank cheque, credit card (plus a surcharge of up to two percent (2%) of the Price), direct credit, or any other method as agreed to between the Client and the Supplier.

GST and other taxes and duties that may be applicable shall be added to the price, except when they are expressly included.