Terms & Conditions of Carriage

These are the terms and conditions of carriage upon which Clayton’s Towing Service Pty Ltd may supply services.

Negotiation of Liability as a Common Carrier:
1. The Carrier is not a Common Carrier and will accept no liability as such. All goods 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 goods for any person Corporation or Company and the carriage or transport  of any class of goods at its discretion.

Agreement Between Parties:
2. (i) It is agreed that the person delivering the goods to the Carrier for carriage or forwarding is authorised to sign the consignment note for the Consignor.
(ii) The Consignor warrants that in agreeing to the terms hereof he is, or has the authority of, the person or persons owing or having any interest in the goods or any part thereof.
(iii) Without prejudice to the generality of the foregoing, the Consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the goods to any person (other than the Consignor) who claims to have, who has or who may hereafter have any interest in the goods or any part thereof.

Right to Sub-Contract:
3. (i) The Carrier may subcontract all or part of the carriage on any terms.
(ii) The Consignor agrees no claim shall be made against any party (other than the Carrier) involved in the carriage, whether as Sub-Contractor, servant, agent, or otherwise, and shall indemnify the Carrier and such parties from any 
consequences if a claim is made. For this clause, the Carrier acts as agent/trustee for all such parties, who shall be deemed parties to this contract.

Liability of Carriage:
4. (i) The goods are at the risk of the Consignor and not the Carrier and the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration of goods or mid-delivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated or perishable goods, plant and equipment, motor vehicles, containers, packaging, pallets or other items in transit or in storage for any reason whatsoever including without limiting the foregoing of negligence or breach of contract or wilful act or default of the carrier or others and this clause shall apply to all such loss of or damage to or deterioration of goods or mid-delivery or failure to deliver or delay in delivery of goods as aforesaid whether or not same occurs in the course of performance by or on behalf of the Carrier of the contract or in events which are the contemplation of the Carrier and/or the Consignor or in events which are foreseeable by them or either of them or in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.

(ii) On or before delivery the Consignor shall direct the Carrier as to location at the delivery site to which the delivery is to be made and the Carrier does not accept any responsibility and risk for any damage of property, plant and equipment or other such items as may be caused by delivery in accordance with directions of the Consignor including but not limited to any recovery costs incurred as a result of this instruction. In this clause “delivery” shall include the repositioning of any items on site or the removal of items from one site to another.

(iii) If the Consignor does not prior to the delivery give the Carrier adequate directions as to the delivery on site the Carrier does not accept responsibility, and risk for any damage to property, plant and equipment or other such items as may be caused by delivery.

(iv) The Consignor or their Agents or Assignees indemnify the Carrier from any loss or damage caused whatsoever through the loading, unloading transport or access of the goods in carriage and surrounding property.

Variation of Terms:
5. It is agreed that no Servant or Agent of the Carrier nor any other person has any power to waive or vary any of these terms hereof unless such waiver or variation is in writing signed by an Executive Officer of the Carrier.

Claim for Damage or Loss:
6. If the Carrier is liable for damage to or loss of the goods or any part thereof, no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at the office of the Carrier within seven (7) days after delivery was effected or would in the ordinary course of business have been effected.

Suit to be Brought Within Six Months:
7. Notwithstanding any other provision hereof other than clause (11) hereof, the Carrier shall in any event be discharged from all liability whatsoever in respect of the goods unless suit is brought within six (6) months from the delivery or from the date on which the ordinary course of business deliver, would have been affected.

Provisions Severable:
8. It is hereby agreed that if any provisions or part of any provisions of this contract is unenforceable such unenforceability shall not affect any other part of such provision or any other provision hereof.

Queensland Contracts:
9. In respect of contracts made in Queensland and any other case where the carriage or part thereof is subject to the Carriage of Goods by Land (Carriers Liability) Act 1967 of that State, these conditions shall continue in full force and effect except to the extent that they are or any part thereof is void by operation of that Act.

Act Applicable:
10. Notwithstanding anything herein contained the Carrier shall continue to be subject to any implied warranty implied by tile Competition and Consumer Act 2010 (CCA) (as amended) if and to the extent that the said Act is applicable to this contract and prevents this exclusion, restriction or modification of any such warranty

Definitions:
11. In these terms and conditions: –
“Carrier” shall mean the Company, the name of which is printed on the face of any contract incorporating the standard terms and conditions

“Carriage” shall mean and include the whole of the operations and services undertaken by the Carrier in respect of the goods.

“Goods” shall mean the cargo accepted from the Consignor together with any container, plant and equipment, motor vehicles. packaging pallets and any other item/s supplied by or on behalf of the Consignor.

“Sub-Contractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the carriage or any part thereof.