1. In this contract; ‘Courier’ shall mean and include the business T&C Couriers, its proprietors, employees and agents. ‘Independent Carrier’ shall mean and include any person, firm or company with whom the Courier may arrange for the transportation of any goods under this contract and any person who is now or hereafter an employee, agent or subcontractor of any Independent Carrier, ‘Customer’ shall mean and include any person, firm or company who engages or enters into a contract with the Courier, for the Courier to provide transport of or for the goods and articles,‘Goods’ shall mean and include any goods, items, articles transported or to be transported by the Courier.
  2. The Courier is not a common carrier. All goods are transported or stored, and all services are performed by the Courier subject to these conditions of contract. The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion and the Courier shall not be bound to give any reason for such refusal.
  3. The Customer hereby authorises the Courier to arrange with any Independent Carrier(s) for the transportation of any such goods under this contract. The Independent Carrier shall be entitled to the full benefit of these terms and conditions to the same extent as the Courier, and the Courier shall be deemed to have entered into this contract for its own benefit, and also as agent for the Independent Carrier(s)
  4. The person delivering the goods to the Courier shall be deemed to be the agent of the Customer for the purposes of this contract, and the Customer hereby warrants that such a person is authorised to enter into the contract and sign the consignment note as agent for the Customer
  5. The Customer expressly warrants to the Courier that the Customer is either the owner of or an authorised agent for the owner of any goods under this contract.
  6. The Customer hereby authorises the Courier to handle, store or carry the goods by any method or route which the Courier in its discretion shall think fit.
  7. Subject to clause 8, the goods are at the risk of the Customer and not the Courier, and the Courier shall not be responsible in tort or contract or otherwise for any reason whatsoever (including without limiting the foregoing, the negligent or wilful act or default of the Courier, its employees or agents or Independent Carriers or any other person) for any loss or detriment or damage suffered by the Customer or any other person by any reason whatsoever, including, without limiting the forgoing, by reason of loss of or damage to or deterioration of the goods or by reason of misdelivery or the failure to deliver or delay in delivering the goods, including perishable goods, either in transport or in storage. The provisions of this clause apply to any loss, detriment or damage suffered by the Customer or any other person whether or not the acts or defaults or events giving rise to the loss, detriment or damage occurred in the course of performance by the Courier of this contract are or such that would constitute a fundamental breach of the contract or a breach of the fundamental term thereof.
  8. The Courier shall continue to be subject to any implied warranty which the Trade Practices Act 1974 (as amended) or any other legislation provides if and to the extent that the said legislation is applicable to this contract and prevents any exclusion, restriction or modification of the warranty.
  9. All rights, immunities and limitations of liability granted to the Courier by the provisions of this contract, shall continue to have full force and effect notwithstanding any breach of the contract or conditions hereof by the Courier.
  10. If the customer or any other person fails to pay any charges or monies due to the Courier in respect of any service rendered by the Courier, on reasonable demand being made in accordance with the contract, the Courier may retain and sell all or any of the goods of that person which are in its possession and, out of monies arising from the sale, retain charges due to the Courier and all charges and expenses of any detention and sale shall render the surplus, if any, of the moneys arising from the sale of the goods and shall render any goods remaining unsold to the person entitled thereto. Any such sale shall not prejudice or affect the charges or other moneys due and payable in respect of such a service or in respect of the said detention and sale.
  11. The Customer shall not tender for transportation of any explosive or inflammable or otherwise dangerous goods, or goods capable of damaging other goods without giving to the Courier a full description disclosing the explosive, inflammable or dangerous or damaging character of the goods and, in the default of so doing, the Customer shall be liable for all loss and damage caused thereby.
  12. The Customer shall comply with all laws, customs or regulations of any State or Territory including those relating to the packaging, carriage or delivery of goods and shall furnish information and attach such documents to the consignment note as may be necessary, to comply with such laws and regulations. The Courier shall not be liable to any person for loss or expense due to the Customers failure to comply with this provision.
  13. The Customer will remain responsible to the Courier for all its proper charges incurred for any reason. Labour to load or unload any vehicle shall be the responsibility of the Courier, and at the expense of the Customer.