LR HOTSHOTS ARE NOT A COMMON CARRIER
In these conditions:
“Address” means the address specified by the Sender to LR Hotshots to which the Consignment is to be delivered.
“LR Hotshots” means LR Hotshots (ABN 67098875848) its officers, personnel, representatives and where applicable, subcontractors, and the subcontractor’s officers, representatives and personnel.
“Charges” means charges set by LR Hotshots and payable by the Sender to LR Hotshots in respect of Services provided to the Sender, including but not limited to:
(a) costs initiated by postponements that are not the responsibility of LR Hotshots;
(b) taxes, fines and duties together with customs and excise duties payable by LR Hotshots to the Consignment;
(c) any goods and services tax or fuel levy;
(d) all additional costs and expenditures sustained in the provision of the Services together with demurrage charged by LR Hotshots and or the rate charged by the railway or shipping authority; and
(e) Charges referred to in this Contract.
“Consignment” means the goods accepted from the Sender, its officers, personnel and representatives together with any containers, packaging or pallets provided by or on behalf of the Sender and used in relation to provision of the Services.
“Damage” means any loss of, damage to, deterioration of, or misdelivery of, or non-delivery of, or postponement in Delivery of the Consignment and includes consequential economic or ancillary loss damage, expense or liability.
“Delivery” means delivery of the Consignment to the Address.
“Due date” means any date within fourteen (14) days from the day on which Charges are earned.
“Person” includes a natural person, firm, corporation, government authority or other body or organisation.
“Receiver” means the Person their officers, personnel and representatives to whom the Sender consigns, sends or directs the Consignment.
“Sender” means the Person with whom Centurion contracts to provide Services.
“Services” means the whole or part of the operations and services undertaken by LR Hotshots in connection with the Consignment including but not limited to, the collection, loading, unloading, carriage, transportation, delivery and storage of the Consignment, but excluding any lift exceeding 2 tonne in weight unless otherwise specified.
2. NOT A COMMON CARRIER
(a) LR Hotshots is not a common carrier and accepts no liability as such. All Services are provided subject to these conditions and LR Hotshots has the option to refuse to provide Services to any Person or of any class of goods;
(b) LR Hotshots depends on on the details supplied by the Sender but does not confirm or acknowledge the accurateness of the particulars. A signature by LR Hotshots is simply acknowledgement of the items received.
(a) LR Hotshots must deliver the Consignment to the Address and Delivery happens if at the Address LR Hotshots attains from any person an acceptance or signed delivery docket for the Consignment.
(b) Where the Consignment is accepted for transport by rail to an address in a place where LR Hotshots has no receiving depot, Delivery occurs when the Consignment is delivered to the nearest rail head.
(c) If the Address is unattended LR Hotshots can effect Delivery by leaving the Consignment at the Address.
(d) If the Address is unattended LR Hotshots may store and redeliver the Consignment, and the Receiver shall indemnify LR Hotshots for all expenses incurred by storage and attempted or actual redelivery.
4. METHOD AND ROUTE
(a) If the Sender instructs (specifically or impliedly) LR Hotshots to use a specific method of or way for providing the Services, LR Hotshots will give priority to that method and route but LR Hotshots may arrange for Services by another method or route.
(b) LR Hotshots may change the usual or directed route or method for provision of Services if LR Hotshots believes it is required or desirable.
LR Hotshots may have a sub-contractor or sub-contractors complete all or any part of the Services. LR Hotshots act as the representative and trustee for sub-contractors who have the benefit of these conditions as if this Contract was entered into by the sub-contractor.
(a) Containers, packaging and pallets within the Consignment must conform to LR Hotshots’s requirements, and the Sender is liable for any expense instigated by non-conformance.
(b) If freight weight is not included in the Consignment weight designated by the Sender, each item of freight will be charged at a rate determined by LR Hotshots.
7. DANGEROUS AND HAZARDOUS CONSIGNMENT
(a) The Sender must not tender any Consignment comprising:
(1) dangerous, hazardous or damaging goods, unless a Safety Data Sheet (SDS) formally known as a Material Safety Data Sheet (MSDS) disclosing the dangerous, hazardous or damaging character of those goods is presented to LR Hotshots; or
(2) goods if the carriage of those goods is illegal or prohibited by any law or regulation of a State, Territory or the Commonwealth.
(b) Details provided by the Sender are warranted by them as correct.
(c) The Sender is liable for all Damage caused wholly or partially by a breach of Condition 7(a) and must indemnify LR Hotshots for death, bodily injury, loss or Damage (personal and property) incurred by any Person as a consequence of the Sender’s breach.
(d)LR Hotshots at the Sender’s cost, may return to the Sender or destroy, dispose or make harmless a Consignment that is presented in breach of condition 7(a) or in breach of any law or regulation.
(a) Within twenty-eight (28) days of LR Hotshots’s request, the Sender must pay the Charges and remove the Consignment stored by LR Hotshots.
(b) Where storage Charges in respect of the Consignment are owing for three (3) months LR Hotshots necessitate the Sender to pay the storage Charges within seven (7) days.
(c) If the Sender fails to conform to conditions 8(a) or 8(b), LR Hotshots may deal with the Consignment in any way it sees fit including, opening and selling the Consignment at the Sender’s risk and expense and applying the earnings of any sale to the Charges then in arrears. The Sender indemnifies LR Hotshots in respect of any costs incurred, Charges which remain outstanding and any claims by any other party with an interest in the Consignment.
9. CARRIER’S CHARGES
(a) The Sender will pay the Charges on the Due Date without deduction for any reason.
(b) Charges are earned when the Consignment is tendered to Centurion.
(c) The Sender must pay interest at the rate of 18% per annum calculated on a daily basis on outstanding Charges from the Due Date until Charges are paid.
(d) A further Charge may be made for any delay greater than one (1) hour from the time of reporting for loading or unloading.
(e) No Charges are refundable.
(f) Charges are inclusive of GST and Fuel Levy unless stated otherwise. The Sender will pay to LR Hotshots the GST and Fuel Levy payable by LR Hotshots for the Service at the same time as the Charges are payable.
(g) Charges may, at LR Hotshots discretion, be calculated by weight or volume.
10. CASH ON DELIVERY
LR Hotshots will not collect any payment on Delivery on behalf of the Sender even if instructed so.
11. CHARGES COLLECT
If the Sender stipulates that some other Person will pay the Charges and that Person fails to pay the Charges, the Sender must pay the Charges within five (5) days of request by LR Hotshots.
12. POSSESSORY LIEN
(a) LR Hotshots has a possessory lien general lien over the Consignment and other property of the Sender in its possession or under its control from time to time with respect to any Charges due from the Sender or other Person to LR Hotshots under this Contract.
(b) LR Hotshots may sell the Consignment and apply the proceeds to pay Charges due after providing written notice to the Sender’s last known place of business or registered office of its intent to do so. The written notice will be deemed as delivered within three (3) working days of posting.
(c) The Sender indemnifies LR Hotshots against claims by any party with an interest in the Consignment.
13. INDEMNITIES AND EXCLUSIONS
Unless LR Hotshots enter into a separate agreement to exclude or vary any of the following sub-clauses then:
(a) The Consignment is at the risk of the Sender and not LR Hotshots and, unless expressly agreed in writing, LR Hotshots will not be liable for any Damage to the Consignment or any part of the Consignment, whether or not the Damage occurs in the course of performance by LR Hotshots of the Services or when otherwise in the possession of LR Hotshots pursuant to this Contract, for any reason whatsoever including without limitation, negligence, breach of contract, bailment or wilful act or default of LR Hotshots.
(b) The Sender indemnifies LR Hotshots against any claim or allegation made against LR Hotshots by or liability to any Person including but not limited to the Receiver and the bailor for any Damage, personal injury (including death or disease) or other loss or injury (personal or property) arising out of or in connection with the provision of the Services including solicitor-client indemnity costs sustained by LR Hotshots, irrespective of any negligence, breach of contract, bailment or wilful act or default of LR Hotshots.
(c) Subject to any implied warranty provided by the Trade Practices Act 1974, the Fair Trading Act or any other Act (as amended from time to time) which may not be excluded, no warranty, condition or representation is given on the part of LR Hotshots and any express or implied warranty as to quality, fitness for purpose or otherwise of the Services is hereby excluded.
(d) To the extent that LR Hotshots is subject to any implied warranties provided by the Trade Practices Act 1974 (as amended from time to time) LR Hotshots limits its liability to the maximum extent allowed under that Act.
(e) The Consignment is at all times at the risk of the Sender.
(f) If temperature control is essential for the Consignment the Sender accepts that variations can occur in relation to temperature control. Temperature records of LR Hotshots will be adequate evidence to prove the temperatures applying during the provision of the Services.
14. CLAIM FOR DAMAGE
Where by express written agreement LR Hotshots becomes responsible for loss or damage, no claim for loss or damage will be allowed unless:
(a) the claim is lodged in writing within seventy-two (72) hours after delivery was given to LR Hotshots head office.
(b) the Sender substantiates the damage.
Failure to claim within seventy-two (72) hours is evidence of satisfactory performance of the Service. Time is of the essence in this clause.
The Sender must take out its own insurance cover for the Consignment. At the request of LR Hotshots, the Sender will make LR Hotshots a co-insured to the Sender’s insurance policy. LR Hotshots is not and will not arrange insurance.
16. LAWS, CUSTOMS AND REGULATIONS
(a) The Sender warrants that the Consignment conforms to all the applicable laws, customs and other government regulations of any Federal, State or Territory of Australia.
(b) The Sender is liable for any taxes and duties levied in respect of the Services.
(c) In respect of contracts made in Queensland:
(1) these conditions will be read subject to the Carriage of Goods (Liability Act 1967 (Qld)) (as amended from time to time) and will continue to apply except where they are repugnant to the provisions of the Act, and
(2) LR Hotshots limits its liability to the maximum extent allowed under that Act.
17. SENDER ACCEPTS TERMS
(a) The Sender warrants that it is either the owner or authorised agent of the owner and the authorised agent of the Receiver.
(b) The Sender accepts the terms of this Contract for the owner and Receiver and any other Person on whose behalf the Sender is acting.
18. ENTIRE AGREEMENT
This Contract is the entire agreement between LR Hotshots and the Sender. No purported variation or modification of this Contract will have any effect unless it is in writing and signed by the Proprietor of LR Hotshots or his authorised agent at LR Hotshots.
If any part of this Contract is unenforceable that part is severed from the Contract with the rest remaining in full force.
20. PROPER LAW AND JURISDICTION
This Contract is governed by the laws of Western Australia and where applicable, the laws of the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Western Australia. Any proceedings against LR Hotshots must be instituted within six (6) months of the cause of action arising. Time is of the essence for this clause.