These terms and conditions of cartage apply to every supply of cartage or storage services provided by Stephenson Transport Limited (“the Carrier”) to the person who orders the services from the Carrier. That person is called “the Customer” and includes the Customer’s employees, contractors and agents.
The contract between the Carrier and the Customer to which these terms and conditions apply commences when the cartage or storage services are ordered by the Customer.
- Carriage of Goods Act 1979
Unless the “Owners Risk” box on the face of the Carriers Delivery Docket is answered “yes” then the contract between the Carrier and the Customer is on a “limited carriers risk” basis as defined in the Carriage of Goods Act 1979 (“the Act”). The “Owners Risk” endorsement does not need to be completed if the Carrier is holding a blanket authority from a customer to the effect that all of his or her goods or livestock are always carried at owner’s risk.
- Declaration of Weight and Measurement
If no weight or measurement is declared by the Sender then the weight or measurement may be estimated by the Carrier. The Carrier may re-weigh or re-measure the goods at any time and the Carrier may charge additional freight charges, based on the re-weigh or re-meurement.
- Freight Charges
The freight charge or price of cartage or storage services supplied by the Carrier shall be agreed between the Carrier and the Customer. Unless clause 6 applies, all freight and storage charges are payable by the Customer. In all cases, the Customer is deemed to be the sender or consignor and all freight charges are payable by the sender including storage and insurance charges. Payment of all freight charges and other charges are governed by the provisions of clause 11.
- Freight Forward
Freight charges may, with the consent of the Carrier, be made payable by the receiver but if the amount owing to the Carrier is not paid then the sender is liable to pay the Carrier.
- Carriers Liability
Subject to section 15(1) of the Act, the Carrier shall not be liable for any consequential losses or damage nor shall the Carrier be liable to the sender for any losses caused by deterioration (including any deterioration in the health of any livestock) or the condition of the livestock or goods when they were uplifted. Nor shall the Carrier be liable for losses or damages caused by the negligence or omission by the Customer including any delay in making the goods or livestock available for loading or delays caused by the loss of a market or weather conditions.
- Tally Discrepancies
In respect of the carriage of livestock, the Carrier is not liable for any tally discrepancies or shortages on arrival, unless there is clear evidence of an escape caused by the Carrier’s negligence. The driver may endorse the docket “STR” if the tally is uncertain but all tally discrepancies must be resolved between the sender and the receiver.
- Concealed Damage
No claim can be made or accepted where damage was not apparent at the time of delivery unless the docket has been endorsed and signed by the receiver to the effect that the damage has been noted.
- Notification of Claims
The Carrier shall be under no liability whatsoever unless a written notice of claim, giving reasonable particulars of the event is received by the Carrier within seven (7) days of the dispatch date or in the case of non-receipt, within fourteen (14) days. The Carrier’s liability is limited to the maximum value of each “package”. Further, no action or court proceedings arising out of the contract of carriage may be brought more than six (6) months after the Customer becomes aware, or reasonably ought to have become aware, of the circumstances giving rise to the action.
- Payment to the Carrier
Unless otherwise stated in writing by the Carrier, all freight charges shall be paid by the 20th of the month following the date of the invoice. Invoices sent to the Customer will include GST and may include taxes, surcharges and other charges payable by the Customer. The full amount of each invoice shall be paid without deduction and overdue accounts will incur interest at 2.5% per month. All costs of collection of overdue accounts including solicitor/client fees may be charged to the Customer’s account and thereafter shall become payable in full.
Insurance cover for the Customer’s goods or livestock will not be arranged by the Carrier unless express instructions from the sender are issued to the Carrier prior to loading. Those instructions must include a declaration as to value.
- Non Attendance at Time of Delivery
If the Receiver or someone acting on behalf of the Receiver is not in attendance at the estimated time of delivery then the goods may be unloaded at the address given to the Carrier. In that case, the Carrier is not liable for any losses or damage which may have been sustained before, during or after delivery and in particular, no claim can be made on the Carrier for any tally discrepancies or shortages.
Risk in all goods and livestock passes to the Customer when delivery has occurred at the point described in the Delivery Docket. If no delivery address is specified then delivery is deemed to have occurred when the Customer takes possession or when delivery is made to the address given by the Customer whichever occurs last.
- Uncollected Goods or Livestock and the Carrier’s Lien
If goods or livestock remain in the possession or control of the Carrier and have not been collected then the Carrier shall hold them as Bailee and shall be entitled to charge reasonable storage fees. All goods or livestock carried, held or stored by the Carrier are accepted subject to a general lien for all charges due to the Carrier. If these charges are not paid within seven (7) days then the Carrier shall give notice to the Customer that the Carrier intends to sell the goods or livestock and thereafter, the Carrier may proceed to do so and may apply the proceeds of sale in or towards discharge of the lien and the costs of sale.
- Assignment of Cartage
The Carrier reserves the right to assign the contract of cartage (or any part thereof) to another reputable carrier or to arrange for the carriage to be completed by an alternative mode of transport. The Carrier shall take reasonable steps to advise the Customer if the right of assignment contained in this clause has been exercised by the Carrier but in all other respects, the Customer remains liable to the Carrier.
- Right to Refuse Cartage
The Carrier reserves the right to refuse to carry any goods or livestock at any time. This includes the right to off load goods or livestock during transit. The Carrier may refuse to carry any dangerous goods which have not been safely packaged and correctly labelled. All livestock must be presented in a fit condition to be carried and the Carrier (or a member of its staff) may refuse to load any livestock which in their opinion are in poor health, suffering from lameness, injury or deformity or is in a condition which may not be accepted by the receiver. In the case of the livestock intended to be delivered to a meat processing facility, the Carrier may also refuse to load livestock which in the opinion of the Carrier or its staff, may be rejected by any international or regional inspectorate having the relevant jurisdiction. In every case, the Carrier’s decision not to load livestock shall be binding on the sender and no discussion shall be entered into.
All glass will be carried at owner’s risk and no claim shall be accepted in the case of breakages.
- Indemnity by the Sender and/or the Customer
The sender and/or the Customer is responsible for giving accurate information to the Carrier (including the estimation of weight or length) which will enable the safe and legal carriage of the goods or livestock. This includes notifying the Carrier of any situation where the livestock to be carried may be unruly, agitated or difficult or too big to handle. The Customer and/or the sender shall indemnify the Carrier in the event that this provision is breached and this indemnity is for the full amount of all losses or damages incurred by the Carrier, including penalties, fees, charges or fines imposed by the police or any court.
- Force Majeure
The Carrier may terminate the contract for cartage where the carriage is interrupted or cannot be completed due to an Act of God, extreme weather conditions or any event outside the reasonable control of the Carrier. In the case of termination under this clause, the Carrier shall not be liable for any losses or damage suffered by, or affecting the goods or livestock.
- Privacy Act
The Customer authorises the Carrier to collect, retain and use any personal information about the Customer for the purpose of assessing the Customer’s creditworthiness and administering the Customer’s orders.
The Carrier may at any time and in its sole discretion, vary these terms with immediate effect. Advice that the terms have been varied shall be posted on the Carrier’s website.