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Terms & Conditions |
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TERMS AND CONDITIONS OF CONTRACT
- C Cockerill & Son (Vic) Pty Ltd is not a common carrier and does not accept the obligations or liabilities of a common carrier.
- C Cockerill & Son (Vic) Pty Ltd reserves the right at its sole discretion to refuse the carriage and/or the storage of any goods.
- This document, including the writing on either side of this document, constitutes the whole and entire agreement made by C. Cockerill & Son (Vic) Pty Ltd in respect of the goods.
- The Customer warrants and undertakes that:
- The person signing this document is authorised to sign the document evidencing this contract for the Customer.
- In agreeing to the terms hereof, the Customer is the owner of the goods or has the authority of the owner of the goods.
- C Cockerill & Son (Vic) Pty Ltd shall be entitled to subcontract on any terms for the whole or any part of the carriage and/or storage of the goods or any part thereof.
- The carriage and/or storage of the goods is solely at the risk of the Customer and/or the owner and not C Cockerill & Son (Vic) Pty Ltd, and C. Cockerill & Son (Vic) Pty Ltd shall not be responsible in tort or contract or bailment of otherwise for any (and the consequences of any) loss of or damage to or deterioration of the goods or any mis-delivery or delay in delivery of the goods, including any perishable goods, either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or breach of contract or wilful act or defaultment of C Cockerill & Son (Vic) Pty Ltd or others, and this clause shall apply to all (and the consequences of all) such loss of or damage to or deterioration of the goods or mis-delivery or failure to deliver or delay in delivery of the goods as aforesaid whether or not the same occurs in the course of performance by or on behalf of C Cockerill & Son (Vic) Pty Ltd of the contract or of events which are foreseeable by item or either of them or in events which could constitute a fundamental breach of this contract or a breach of a fundamental term thereof.
- In no circumstances whatsoever will C Cockerill & Son (Vic) Pty Ltd be responsible or liable however for the collection on behalf of and/or delivery to the Customer or any other person of cash or any other payment in respect of the goods.
- The Customer acknowledges and agrees that any exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to C Cockerill & Son (Vic.) Pty. Ltd., is entitled to rely shall also apply to any liability to or any claim made by the Customer whatsoever or howsoever arising in respect to loss of or damage to any property of the Customer (other than the goods) which occurs in the course of or in connection with the carriage and/or of storage of the goods.
- The Customer acknowledges and agrees that the loss of or damage to the goods or any part there of shall not of itself constitute prima facie evidence of negligence by C Cockerill & Son (Vic) Pty Ltd or breach by C Cockerill & Son (Vic) Pty Ltd of the agreement made by C Cockerill & Son (Vic) Pty Ltd in respect of the goods or of any matter, fact or circumstance which may give rise to any liability whatsoever on the part of C Cockerill & Son (Vic) Pty Ltd.
- The Customer hereby authorises, acknowledges and agrees that the goods may be carried by any route and means, or stored in any place which may in the absolute discretion of C Cockerill & Son (Vic) Pty Ltd be deemed as desirable or necessary in the circumstances.
- C Cockerill & Son (Vic) Pty Ltd is authorised to deliver the goods at the address nominated to C Cockerill & Son Pty Ltd by the Customer for that purpose and without prejudice to the foregoing it is expressly agreed that C Cockerill & Son (Vic) Pty Ltd shall be conclusively presumed to have delivered the goods in accordance with this contract in good order and condition if at that address a receipt or signed delivery docket for the goods is obtained by C Cockerill & Son (Vic) Pty Ltd or if the consignment note is signed received in good order and condition by the Consignee or Owner of the goods.
- If the nominated place should be unattended or if delivery cannot otherwise be effected by C Cockerill & Son (Vic) Pty Ltd, C Cockerill & Son (Vic) Pty Ltd may at its option deposit the goods at the nominated place (which shall be conclusively presumed to be due delivery hereunder) or store the goods in such manner as C Cockerill & Son (Vic) Pty Ltd in its discretion considers desirable or necessary and if the goods are stored by CV Cockerill & Son (Vic) Pty Ltd, the customer shall pay or indemnify C Cockerill & Son (Vic) Pty Ltd for all costs and expenses incurred in or about such storage. In the event that the goods are stored by C Cockerill & Son (Vic) Pty Ltd, C Cockerill & Son (Vic) Pty Ltd shall be at liberty to re-deliver them to the Customer from the place of storage at the Customer's expense.
- Where the goods are stored by C Cockerill & Son (Vic) Pty Ltd, C Cockerill & Son (Vic) Pty Ltd may upon giving fourteen (14) days notice in writing to the Customer, Consignee or Owner, require the Customer, Consignee or Owner to collect the goods or provide instructions as to their delivery, failing which C Cockerill & Son (Vic) Pty Ltd will be at liberty to deliver the goods to the last address of the Customer without prejudice to the charges due to C Cockerill & Son (Vic) Pty Ltd in respect of the carriage and/or storage of the goods and C Cockerill & Son (Vic) Pty Ltd shall be relieved of all obligation whatsoever in respect of the goods upon so doing and shall have no liability whatsoever to any person (including the Customer, Consignee or Owner) as a result of so doing.
- If the Customer expressly or impliedly instructs C Cockerill & Son (Vic) Pty Ltd to use or it is expressly or impliedly agreed that C Cockerill & Son (Vic) Pty Ltd will use a particular method of handling or storing the goods or a particular method of carriage, C Cockerill & Son (Vic) Pty Ltd will give priority to that method but if it cannot be adopted by C Cockerill & Son (Vic) Pty Ltd, the Customer hereby authorises C Cockerill & Son (Vic) Pty Ltd to handle to store or to carry or to have the goods carried by another method or methods.
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- The Customer acknowledges that unless C Cockerill & Son (Vic) Pty Ltd is specifically requested in writing to do so, C Cockerill & Son (Vic) Pty Ltd is under no obligation whatsoever to arrange insurance of goods and that it remains at all times the responsibility of the Customer and/or the Owner of the goods to ensure that the goods are insured adequately or at all.
- In no circumstances whatsoever will C Cockerill & Son (Vic) Pty Ltd be under any liability with respect to the arranging of any such insurance and no claim will be made by or on behalf of the Customer and/or the Owner of the goods against C Cockerill & Son (Vic) Pty Ltd for failure to arrange or ensure that the goods are insured adequately at all.
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- Any quotation or estimate of charges provided by C Cockerill & Son (Vic) Pty Ltd to the Customer
- shall be effective for a period of twenty-one(21) days from the date of such quotation or4 estimate and C Cockerill & Son (Vic) Pty Ltd reserves the right at its sole discretion to amend or withdraw such quotation or estimate at any time prior to acceptance of such quotation or estimate by the Customer; and
- shall not include unless expressly set out in writing any charge for dismantling, reassembly, packing, unpacking, installation, fixing, handling, taking up or re-establishing the goods or any part thereof -
- C Cockerill & Son (Vic) Pty Ltd may charge for the carriage and/or storage of the goods by reference to the weight, measurement, value or such other means as C Cockerill & Son (Vic) Pty Ltd in its absolute discretion considers desirable or appropriate and notwithstanding the acceptance of any quotation or estimate of charges provided by C Cockerill & Son Pty Ltd to the Customer. C Cockerill & Son (Vic) Pty Ltd may at any time re-weigh, re-measure or re-value the goods or require the goods to be re-weighed, re-measured or re-valued and charge additional or proportional charges accordingly.
- Notwithstanding the acceptance by the Customer of any quotation or estimate of charges provided by C Cockerill & Son (Vic) Pty Ltd, C Cockerill & Son (Vic) Pty Ltd reserves the right to make a reasonable additional charge to the customer in the event of any change or alteration by the Customer to the agreed date or time for commencement of the carriage and/or storage of the goods or in the event the C Cockerill & Son (Vic) Pty Ltd is not provided with free safe and uninterrupted access to both the nominated place at which the goods are to be collected or delivered or in the event that the goods are not delivered on the agreed date or at the agreed time to C Cockerill & Son (Vic) Pty Ltd for carriage and/or storage by C Cockerill & Son (Vic) Pty Ltd.
- The Customer shall be and remain responsible to C Cockerill & Son (Vic) Pty Ltd for all its proper charges incurred for any reason and such charges shall be payable by the Customer to C Cockerill & Son (Vic) Pty Ltd -
- in the case of charges for carriage, prior to the commencement of the carriage of the goods; and
- in the case of charges for storage, within fourteen (14) days of date of invoice and such charges shall be calculated for each quarterly period of storage with a proportional adjustment for a broken period.
- C Cockerill & Son (Vic) Pty Ltd's charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the Customer's premises or delivered to and accepted by C Cockerill & Son (Vic) Pty Ltd for carriage and/or storage and whether or not the goods are delivered by C Cockerill & Son (Vic) Pty Ltd to the place nominated by the Customer or are delivered in a damaged condition and such charges shall be payable and non-refundable in any event whatsoever.
- Seven clear days notice must be given by the Customer of the goods before removal of the goods from storage and C Cockerill & Son (Vic) Pty Ltd reserves the right to charge for storage for the full seven day period in the event that such notice is not given or in the event that the goods are removed before that time.
- Where it is agreed that the charges for carriage and/or storage will be paid by any person other than the Customer, the Customer shall indemnify C Cockerill & Son (Vic) Pty Ltd against any loss resulting from the non-payment of the charges by such other person and without limiting the generality of the foregoing, the Customer agrees that if or insofar as any charges are not paid by such other person on demand, the Customer will demand pay the same to C Cockerill & Son (Vic) Pty Ltd.
- Interest will be charged by C Cockerill & Son (Vic) Pty Ltd on overdue accounts at the current Westpac Branch overdraft rate applicable to overdrafts of less than $100,000.00
- C Cockerill & Son (Vic) Pty Ltd shall have a lien on the goods and any documents relating thereto and on any other goods of the Customer in the possession of C Cockerill & Son (Vic) Pty Ltd and for that purpose shall have the right to sell any such goods by public auction or private treaty without notice to the Customer, without prejudice to any other rights which C Cockerill & Son (Vic) Pty Ltd may have in respect of all or part of all such sums, and C Cockerill & Son (Vic) Pty Ltd will have no liability whatsoever to either the Customer or the Owner of any such goods for so doing.
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- The Customer warrants that -
- All particulars and descriptions of the goods provided by the Customer to C Cockerill & Son (Vic) Pty Ltd, whether or not such particulars are descriptions are inserted upon any documents issued by C Cockerill & Son (Vic) Pty Ltd in respect of the goods, are both correct and accurate.
- Except as may be notified in writing to C Cockerill & Son (Vic) Pty Ltd prior to the acceptance of the goods for carriage and/or storage by C Cockerill & Son (Vic) Pty Ltd, the goods are not of a noxious, dangerous, hazardous, explosive, inflammable, volatile, radioactive, offensive or of an unlawful nature or are of such kind as to be likely to cause or reasonable capable of causing loss, damage or injury to any other goods or to any person or to any vehicle or premises in which the goods may be located from time to time and in any event the Customer shall be liable for all loss, damage or injury caused thereby. If in the opinion of C Cockerill & Son (Vic) Pty Ltd the goods are liable to become of a noxious, dangerous, hazardous, explosive, inflammable, volatile, radioactive, offensive or of an unlawful nature or are of such kind as to be likely to cause or reasonable capable of causing loss, damage or injury to any other goods or to any person or to any vehicle or premises in which the goods may be located from time to time, the same may at any time be destroyed, disposed of or abandoned or rendered harmless by C Cockerill & Son (Vic) Pty Ltd without compensation to the Owner or the goods without prejudice to C Cockerill & Son (Vic) Pty Ltd's rights to any charges hereunder.
- It has complied with all laws and regulations relating to the nature, packaging, labelling, carriage or storage of the goods and the goods are packed in a manner adequate to withstand the ordinary risks of carriage and/or or storage having regard to their nature.
- The Customer agrees to indemnify C Cockerill & Son (Vic) Pty Ltd against all loss and expense suffered or incurred by C Cockerill & Son (Vic) Pty Ltd or for which C Cockerill & Son (Vic) Pty Ltd becomes liable by reason of:-
- any breach of the foregoing warranties; or
- C Cockerill & Son (Vic) Pty Ltd complying with any laws and regulations applicable to the goods and including any such laws referred to in clause 12(a)(iii) herein.
- C Cockerill & Son (Vic) Pty Ltd is authorised by the Customer or Owner of the goods and is hereby entitled to open the goods or any container packaging or anything utilised in the carriage and/or storage to contain the goods at any time to determine their nature and condition or for any other purpose which C Cockerill & Son (Vic) Pty Ltd in its absolute discretion may consider desirable or necessary and C Cockerill & Son (Vic) Pty Ltd will have no liability whatsoever nor shall any claim be made against C Cockerill & Son (Vic) Pty Ltd as a result of C Cockerill & Son (Vic) Pty Ltd so doing.
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- Notwithstanding any instructions given to C Cockerill & Son (Vic) Pty Ltd regarding exchange or return of pallets owned by the Customer or any other person, these Terms and Conditions will apply and C Cockerill & Son (Vic) Pty Ltd shall be under no liability whatsoever for such pallets, including where the Consignee or any other person is unwilling or unable to return such pallets.
- Where C Cockerill & Son (Vic) Pty Ltd supplies pallets to or in the course of carriage
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