1. RPM Freight and Logistics Pty Ltd (hereinafter referred to as “the Company”) is not a common carrier and will accept no liability as such. The Company acts only as agent for the purpose of arranging the transport of goods and does not intend to contract as principal. Contracts for the carriage are made directly between the Consignor and independent Contractor with the Company acting as the agent of each
2. All goods are accepted by the Company subject to the condition that goods comply with all applicable legal requirements relating to the nature, condition and packaging of the goods and that the expenses of complying with such requirements or with the lawful requirements of any authority or other body or company shall be paid by the Consignor
3. The Consignor shall not tender for carriage any explosive, inflammable or otherwise dangerous goods without furnishing to the Company a full description of those goods and in default of so doing shall be liable for all loss and damage of whatever nature whether foreseeable or not, occasioned thereby.
4. All goods carried or transported and all storage and other services performed by the Company are subject only to these terms and conditions and the Company reserves the right to refuse the carriage or transport of goods for any person, corporation or firm and the carriage or transport of any class of goods at its own discretion.
5. The Consignor expressly warrants with the Company that the Consignor is either the owner or authorised agent of the owner of any goods the subject matter of this Contract of Carriage and 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.
6. The Company is authorised to deliver the goods at the address nominated to the Company by the Consignor for that purpose and it is expressly agreed that the Company shall be conclusively presumed to have delivered the goods in accordance with this contract if at that address he/she obtains from any person a receipt or signed delivery docket for the goods.
7. In the event that the nominated place of delivery should be unattended or if delivery can not otherwise be effected by the Company, the Company may at his/her option deposit the goods at that place, which shall be conclusively presumed to be due delivery, or store the goods and, if the goods are stored by the Company, the Consignor shall pay or indemnify the Company for all costs and expenses incurred in or about such storage. If the goods are stored by the Company, the Company shall be at liberty to redeliver them to the Consignor from the place of storage at the Consignor’s expense.
8. It is agreed that the person delivering any goods to the Company for carriage or forwarding is authorised to sign a job run sheet for the Consignor
9. The Consignor hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstance.
10. The goods are at the risk of the Consignor and not the Company and unless expressly agreed in writing, the Company shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or to delay in delivery of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason whatsoever including, without limiting the foregoing, the negligence or wilful act or default or the Company or others and this clause shall apply to all such loss of damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods as aforesaid whether or not the same occurs in the course of performance of the Company of the Contract or in which are in the contemplation of the Company and or the Consignor or in the events which are foreseeable by them or either of them in event which would constitute a fundamental breach of the Contract or the breach of the fundamental term thereof.
11. The Company may charge freight by weight, measurement or value and may at any time reweigh or re-value or re-measure and charge proportional additional freight accordingly.
12. The company may arrange for the carriage of the goods by any independent contractor or sub-contractor of the Company.
13. The customer shall be and remains responsible to the Company for all proper charges incurred by the Company for any reason..
14. Freight shall be considered earned whether the goods are delivered to the consignee or not and whether damaged or other wise. Under no circumstances will any payment for freight be refunded.
15. All Goods (and documents relating to such goods) shall be subject to a particular and general lien in favour of the Company for monies due either in respect of such goods or for any particular or general balance or other monies due from the customer to the Company. If any monies due to the company are not paid within one(1) calendar month after written notice has been given to the person from whom the monies are due being given to the Customer such goods which are retained may be sold by auction or otherwise at sole discretion of the Company and the proceeds may be applied to or in satisfaction of any particular and or general lien, If after deduction of all monies owing to the Company including the expenses of sale there is a surplus balance of sale proceeds, such surplus shall be accounted for by the Company to the Customer
Storage and Distribution
16. In these terms and conditions the term storer relates to the person or persons , in whose name the goods are being held. The goods are stored entirely at the risk of the Storer and the Company will not be liable to any person or persons for any loss or damage to the goods or part thereof or for any death or injury caused to any person arising out of the storage of the goods and whether caused wholly or partly directly or indirectly by such storage and whether such loss, damage, death or injury arises from the negligence of the Company or otherwise and this indemnity extends to any consequential loss arising there from.
17. The Storer hereby indemnifies and keeps indemnified the Company from all claims and liabilities of whatsoever nature in connection with any loss, damage, death or injury as aforesaid.
18. It shall be the sole responsibility of the storer to arrange insurances as it sees fit to cover all risks of damage or loss to goods stored with the company. This includes but does not limit coverage for burglary or theft, floods, leakage or overflow of water, heat or fire ,pests or vermin, damp, mildew or rust, acts of God, war, explosion, strikes and labour troubles. The company will be under no responsibility whatsoever to see that such insurance has been effected
19. If the rent or charges in respect of the goods or part thereof shall be in arrears and unpaid for three months the Company may give seven (7) days notice in writing to the Storer requiring the Storer to pay the rent or charges in arrears and unpaid. If upon the expiration of seven (7) days from the giving of such notice the Storer has failed to pay such rent or charges the Company may open any package or container in which the goods are contained and may sell such goods or any part thereof and the Company shall not be liable to any person for any loss or damage thereby caused.
20. While the company will use its best endeavors to check that goods brought into the warehouse comply with accompanying paperwork, the company will not be responsible for ensuring such compliance and will not be subject to any liability for any discrepancy between such goods and paperwork.
21. The company will carry stock takes of the storer’s goods at regular intervals. The company shall in no way or to any extent be liable for any error or inaccuracy in recording the results of its stock takes or in reporting or not reporting those results to the storer. Where the company reports such results to the storer these shall be final and conclusive between the company and the storer and no alleged discrepancy will be recognized unless it is raised by the storer within 24 hours of the results being reported.
22. The company reserves the right at any time and from time to time to amend these Terms and Conditions without notice to the customer. All such shall have force and effect forthwith .It will be the absolute responsibility of the consignee or storer to ensure from time to time that it has an up to date copy of the company’s Terms and Conditions which the company will make available on request.