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Conditions of Carriage


  1. Definitions

    In these conditions:

    1. ‘Carrier’ shall mean Quebec Couriers, its servants, agents and subcontractors.

    2. ‘Consignor’ shall mean the party entering into the contract of carriage with the Carrier, being either the shipper, the owner of the goods or their authorised agent.

  2. The Carrier is not a common Carrier and accepts no liability as such. The Carrier may refuse the carriage or transport of goods for any person or corporation and the carriage or transport of any class of goods is at the Carrier’s absolute discretion.

  3. These conditions of carriage cover the whole of, or any part of, the operations provided from time to time by the Carrier to the Consignor, including but not limited to the carriage, storage, loading, un-loading, packing, un-packing, freight forwarding, customs clearance or de-consolidation of any goods on behalf of the Consignor.

  4. The Consignor warrants that:

    1. the Consignor has complied with all applicable laws and regulations relating to the nature, condition, packaging or carriage of the goods and that the goods are packed in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;

    2. the goods are accurately described in writing in the space provided on the consignment note.

    3. the Consignor is either the owner of the goods and/or the authorised agent of the person or persons owning or having any interest in the goods or any part thereof and enters into this contract on its own behalf and/or as authorised agent of that person or persons.

  5. The Consignor indemnifies the Carrier against any expenses, charges or losses sustained or incurred by the Carrier in complying with the requirements of any law or otherwise incurred as a result of a breach of the warranties in Clause 1.4.

  6. The Consignor undertakes that no claim will be made against any servant, sub-contractor or agent of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or the services under this contract. If any such claim should nevertheless be made, the Consignor shall indemnify the Carrier against the consequences thereof.

  7. The method or methods of undertaking the services shall be at the sole discretion of the Carrier and the Consignor hereby authorises the Carrier to adopt any method or methods other than any method which may have been instructed or agreed.

  8. The Consignor authorises any deviation from the usual route of carriage.

  9. The Carrier shall not be bound to deliver the goods except to the consignee shown on the consignment note or to such other persons as may be authorised in writing by the Consignor to receive the goods.

  10. If the Carrier is unable to deliver the goods for any reason (including failure on the part of the consignee to take delivery within a reasonable time) the Carrier shall be entitled to handle and store the goods in such manner as it may in its discretion determine and shall be entitled to make a reasonable charge in respect of such handling and/or storage and subsequent delivery of the goods.

  11. 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 those goods and in default of so doing shall be liable for all loss and damage caused thereby.

  12. The goods shall at all times be at the risk of the Consignor and the Carrier shall not be liable in tort (including negligence), contract (including a fundamental breach of contract), bailment, contravention of any statute or breach of statutory duty or otherwise for any loss of or damage to or failure to deliver or delay in delivery or misdelivery of the goods whatsoever howsoever caused.

  13. The exclusion of liability in Clause 1.12 extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged arising from the Carrier providing the services under this contract and to any indirect or consequential loss arising from such loss, damage or injury or from failure to deliver, delay in delivery or misdelivery.

  14. Notwithstanding any other provision in these conditions of carriage, but subject always to Clause 1.12 and 1.13, if any liability whatsoever, howsoever arising, is found to attach to the Carrier or any sub-contractor, the Carrier’s liability shall be limited to the lesser of:

    1. in the case of services supplied under this contract:

      1. the supplying of the services again;

      2. the payment of the cost of supplying the services again; or

      3. the amount of AUS$500.00.

    2. in the case of goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of the goods;

      3. the payment of the cost of replacing the goods or of acquiring equivalent goods;

      4. the payment of the cost of repairing the goods; or

      5. the amount of AUS$500.00.

  15. All the rights, immunities and limitations of liability in these conditions of carriage shall continue to have full force and effect notwithstanding any breach of this contract by the Carrier or any other person entitled to the benefit of such provisions.

  16. The Consignor shall pay to the Carrier in cash, or as agreed, all sums immediately when due without deduction or deferment on account of any claim, counterclaim or set-off.

  17. When the Carrier is instructed to collect freight, duties, charges or other expenses from any person other than the Consignor, the Consignor shall remain responsible for the amounts; and shall pay these amounts to the Carrier on demand where these amounts have become due and have not been paid by such other person.

  18. On all accounts overdue to the Carrier, the Carrier shall be entitled to interest calculated at 4 per cent above base rate of the Carrier’s bank applicable during the periods that such amounts are overdue.

  19. If on demand any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier will have a general lien over the goods and/or any other cargo or items the property of the Consignor, and after reasonable notice to the Consignor, may sell all or any part of the goods and/or any other cargo or items the property of the Consignor which are in its possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus if any of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.

  20. The Carrier is authorised (if it should think fit to do so) to subcontract the whole or any part of the carriage or handling and such authorisation extends to any subcontractor.

  21. Any clause herein excluding or limiting the liability of the Carrier or providing any right or exemption from liability to the Carrier shall also be available and shall extend to protect all subcontractors and every servant or agent of the Carrier and of any subcontractor.

  22. Notwithstanding any condition herein limiting or excluding liability, if and to the extent to which the carriage involves the transportation of goods otherwise than for the purposes of or in the course of a business, trade, profession or occupation carried on or engaged in by the Consignor, the contract shall be subject to any implied warranty provided by the Trade Practices Act 1974 if and to the extent that the said Act is applicable to this contract and prevents the exclusion, restriction or modification of such warranty.

  23. Any claim for loss of or damage to the goods or relating to the provision of the services under this contract must be notified in writing to the Carrier within seven (7) days of delivery of the goods or the date by which the goods should have been delivered, failing receipt of which notice the Carrier shall be forever discharged from any and all liability to any person (including the Consignor) in respect of the goods and/or the services under this contract. In any event whatsoever, the Carrier shall be discharged from any and all liability whatsoever unless suit is brought within nine (9) months of the provision of the services under this contract, delivery of the goods or when the services should have been provided, or when the goods should have been delivered.

  24. Proper Law

    These conditions are governed and must be construed under the laws of the State of Victoria and the parties submit to the exclusive jurisdiction of the courts of that State.

  25. Severability

    If any part of these conditions is held to be unenforceable that condition or part is to be severed from these Conditions to the minimum extent possible or to render condition or other conditions enforceable, and the severance thereof shall not affect the enforceability of the remaining conditions hereof.

  26. Variations and Waiver

    These terms may be varied by Quebec and shall bind the Consignor provided that Quebec has given 30 days written notice to the Consignor of any such change. Quebec is not bound by any variation, waiver, discharge or release of a Provision hereof unless it is in writing and executed by Quebec. Any waiver by Quebec of any breach of a condition committed by the Consignor or Addressee does not operate as a waiver of any other breach of the same conditions, nor any breach of any other condition, nor as a continuing waiver.

  27. Force Majeure

    In the event that Quebec is prevented from complying with the Consignor’s orders as to provision of the Services by any cause of occurrence beyond its control including but not limited to extreme weather events, road closures, strikes, lockouts, civil disturbance, unavoidable breakdowns, unavailability of fuel, acts of authorities and any other emergency, Quebec shall not be liable for any damages, expenses or costs whatsoever and howsoever arising from Quebec’s inability to so comply and the Consignor hereby releases Quebec from its obligations pursuant to these terms and conditions for the duration of such contingencies and to the extent of all of the effects resulting

  28. Rates

    The Rates are fixed for 3 months from the date of approval by Quebec of Consignor’s application for credit and may be varied by Quebec at any time thereafter, provided that if any rate rise exceeds 5% Quebec will notify Consignor. The Consignor will be responsible to pay in addition to the Rates out of pocket expenses necessarily incurred by Quebec in providing the Services, eg mobile phone calls and road tolls .In the event of any wrong description of the Goods by the Consignor, additional Rates will apply if additional weight or dimensions cause delay in loading, the use of a different vehicle to that dispatched for the job, or bring the Goods into a different Rate category. The Consignor must, unless otherwise agreed in writing, pay Quebec the Rates in Australian dollars within 7 days of the date of receipt of Tax Invoice from Quebec and liability whatsoever unless suit is brought within nine (9) months of the provision of the services under this contract, delivery of the goods or when the services should have been provided, or when the goods should have been delivered. Pay any charge for demurrage at the rate charged to Quebec directly or indirectly by any railway or shipping authority or other Person; pay Quebec’s expenses and Rates to comply with any law or regulation or any order or requirement made under them or with the requirement of any market, harbour, dock, railway, airline, shipping, customs, excise or warehouse authority or other Person. if any of the Goods are under bond or the control of Australian Customs, pay all Customs duty, excise duty and costs (including any fine or penalty) which Quebec becomes liable to pay or pays; supply or pay for any necessary labour or machinery reasonably required to load, unload, maintain or protect if Quebec so demands, pay an additional charge at industry rates if the addressee is not present during normal trading hours or the time specified, or if there is any delay outside Quebec’s control in loading or unloading greater than 15 minutes; pay the cost, expense or loss to Quebec of destruction or disposal under Paragraph 4(a) storage and return under Paragraph 4(f), of opening or inspecting under Paragraph 4(c) and of advertising and sale under Paragraph 6 (b) (iii);compensate Quebec for any cost, expense or loss to Quebec’s property or any Person caused by the Goods, the Consignor, the Addressee or any Person acting for the Consignor or the Addresses; if any part of the Rates is not paid on the date for payment, pay interest on the unpaid Rates at a rate of 4% higher than the prevailing rate approved by the Australian Loan Council for long term borrowing for new public securities by semi-government bodies and pay any charge or amount owing to Quebec for any other services rendered; pay Quebec any costs not recouped out of the proceeds of sale of the Goods under Paragraph 6(b)(ii), andif a person other than the Consignor is nominated to pay the Rates and doesn’t do so within 7 days of the date for payment, the Consignor must pay the Rates and a penalty charge of $15.00 immediately upon Quebec’s demand. Quebec’s Rates are due and payable immediately the Goods are collected, whether they are delivered or not and whether damaged or not.Quebec will not refund any payment of Rates under any circumstances. Quebec’s quoted Rates represent the value of the supply exclusive of GST, unless specifically stated to include GST

    Rates

    • Rates will be held for a period of 3 Months from application date.

    • Clients will be notified of rate rises in excess of 5%.

    • Mobile phone and Toll charges will be passed on to the client.

    • Prices quoted are on volumes provided by the client.

    • Surcharges will apply on tray jobs.

    • Fuel levy based on RACV average fuel price for the month.

    • The account must be paid within 7 days of invoice date.

    • Credit claims must be made within 7 days of invoice date.

    • All modifications/cancellations to perm jobs must be in writing. (24 hours’ notice req)