All contracts and dealings between LORD OF TRANSPORT SERVICES PTY LTD and the Consignor are subject to the Terms & Conditions of Trade. These Terms are binding on that Consignor and each of its subsidiaries, affiliates, associated companies, related entities, successors, or assigns, unless otherwise expressly agreed in writing by LORD OF TRANSPORT SERVICES PTY LTD.
By trading with LOTS, the Consignor agrees to these Terms, including as follows:
1. Definitions:
1.1 ‘Carrier’ shall mean Lord of Transport Services Pty Ltd (ABN 64 646 736 923)
1.2 ‘Consignor’ shall mean the person or a party who engages the Carrier to provide services of Carriage.
1.3 ‘Services’ shall mean and include the whole of the operations and services to be undertaken by or on behalf of Lord of Transport Services Pty Ltd
1.4 ‘Storage’ or ‘Stored’ shall means and includes when the goods have been deposited by the Consignor with Lord of Transport Services for keeping and held by Lord of Transport Services until collected by the Consignor or delivered by Lord of Transport Services (including its subcontractors) to the Consignor.
1.5 ‘Sub-contractor’ shall include any person/corporation (whether or not Lord of Transport Services) that performs/agrees toperform the services, including any sub-contractor appointed by the Consignor or any of the Consignor’s subsidiaries, affiliated companies, related entities, successors or assigns.
1.6 ‘Goods’ shall mean any goods or items which are the subject of the Services provided by Lord of Transport Services PTY LTD to the Customer, including any container or packaging supplied by or on behalf of the Customer
2. Lord of Transport Services is NOT A COMMON CARRIER and shall accept no liability as such. All goods are carried, transported and/or stored and all services by the carrier are subject only to these terms and conditions and the Carrier reserves the right to refuse the carriage, transport and/or storage of the Goods or any class of goods for any person or company at its sole discretion.
3. The Carrier and any subcontractor shall be entitled to subcontract on any terms the whole or any part of the services.
4. The consignor agrees that all goods stored and delivered by Lord of Transport Services are stored and delivered by Lord of Transport Services completely at the risk of the Consignor. The consignor should have insurance in place to fully cover all the goods. The Carrier shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or misdelivery or failure to deliver or delay in delivery goods including, chilled, frozen, refrigerated or perishable Goods either in transit or in storage for any reason whatsoever including without limiting the foregoing, the negligence or breach of contract or willful act or default of the Carrier or others and this clause shall apply to all such loss of or damage to or deterioration of Goods or misdelivery or failure to deliver or delay of delivery of Goods, whether or not the same occurs in the course of performance by or on behalf of the Carrier of the contract, or in events which are foreseeable by them, or in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.
5. The Consignor undertakes that no claim or allegation shall be made, whether by the Consignor or any other person who is or may hereafter be interested in the Goods against any person (other than Lord of Transport Services Pty Ltd) by whom (whether as subcontractor, principal, employer, servant, agent or otherwise) the services of any part thereof are provided which imposes or attempts to impose upon such a person any liability whatsoever in connection with the Goods, whether or not arising out of negligence on the part of such person and if such claim of allegation should nevertheless be made to indemnify Lord Of Transport Services Pty Ltd and the person against whom such claim or allegation is made against the consequences thereof.
6. The Consignor agrees to accept full responsibility for the actions and omissions of any persons or entities which are authorized by the Consignor to deal with the Lord of Transport Services on behalf of the Consignor in connection with either the goods, the dealings and/or the services provided by Lord of Transport Services to or on behalf of the Consignor;
7. The Consignor agrees that to the fullest extent legally possible Lord of Transport Services will not be liable for any contingent, consequential, direct, indirect, special or punitive damages, personal injury or death whether due to negligence or otherwise in relation to the goods or provision of services by Lord of Transport Services to the Consignor;
8. The Consignor agrees that Lord of Transport Services shall not be liable for any customs or other government charges levied in relation to the storage or carriage of the goods;
9. The Consignor hereby authorizes Lord of Transport Services to reject any goods not considered fit for storage or transport by Lord of Transport Services and the Consignor agrees that Lord of Transport Services shall not be liable for any costs whatsoever of such rejection
10. The Consignor agrees to comply with any reasonable requests from Lord of Transport Services to remove any goods not considered to be fit for storage or transportation by Lord of Transport Services from Lord of Transport Services’s services or storage and the Consignor agrees do so at its own cost;
11. The Consignor agrees to reimburse Lord of Transport Services for all reasonable expenses, loss and damage (including but not limited to the costs of fumigation, labour and off-site temporary storage) acquired by Lord of Transport Services as a result of contamination or infestation of any of its facilities (including but not limited to storage, transport and any product supplied by Lord of Transport Services to the Consignor) and non-Consignor goods by the Consignor’s goods or as a result of provision of goods and services to the Consignor;
12. Dangerous Goods means Goods which are or may become noxious, hazardous, inflammable, explosive or offensive, Goods which are otherwise liable to cause damage, loss or injury to any person or property whatsoever or howsoever caused, Goods which are listed in the Australian Dangerous Goods Code or are dangerous within the meaning of Laws concerning the transport of dangerous goods by air, sea, road or rail in the Commonwealth, States and Terrirories of Australia, including but not limited to Goods containing radioactive materials or goods likely to harbour or encourage vermin or pests.
13. The Consignor agrees and acknowledges that:
a) all services performed by Lord of Transport Services are at its ruling price at the time of delivery;
b) prices maybe subject to change without notice;
c) official price quotations made by Lord of Transport Services are valid for thirty (30) days from quotation date, after which they maybe subject to change without notice;
d) general storage charges shall be levied on a daily basis as agreed between the Consignor and Lord of Transport Services (other charges being as notified); and
e) weekend jobs will attract a surcharge
14. Delivery The Consignor agrees and acknowledges that:
a) Lord of Transport Services has no responsibility or duty to deliver but may elect to arrange the timing of any delivery at its discretion and without liability and at the Consignor’s cost and risk in all things;
b) Lord of Transport Services reserves the right to deliver by instalments and each instalment shall be deemed to be delivered under a separate contract;
c) failure by Lord of Transport Services to deliver any instalment shall not entitle the Consignor to cancel the balance of the request for services;
d) in the event of the Consignor failing to take delivery of any instalment, Lord of Transport Services may elect to cancel the balance of the request for services;
e) Lord of Transport Services will not be liable for delay, failure or inability to deliver;
f) goods shall be deemed delivered as soon as they are ready for delivery;
g) a charge will be made for frustrated delivery to cover Lord of Transport Services’s costs of attempts on the Weekends and Public Holidays;
15. Storage and/or stored The Consignor agrees and acknowledges that:
a) Lord of Transport Services has no responsibility for the safety or otherwise of the goods in Lord of Transport Services possession and/ or storage;
b) Lord of Transport Services takes possession and/or accepts or stores goods at the Consignor’s risk in all things;
c) Lord of Transport Services reserves the right to refuse possession and/or to store goods at its sole discretion.
15. Insurance – The Consignor shall be responsible for obtaining its own insurance for the goods/services whilst they are in transit/ storage and any expense for any such insurance shall be born by the Consignor.
16. Recovery Costs – The Consignor shall pay all costs and expenses (including legal fees and mercantile agents fees) incurred by Lord of Transport Services in respect of proceedings commenced or being considered against the Consignor, whether for debt, possession of any goods or otherwise.
17. Detention – The Consignor shall give at least 48-hour (working hour) notice to dehire empty containers to Lord of Transport Services otherwise Lord of Transport Services will not be liable for any detention charges
18. Lord of Transport Services will not be liable for any wharf storage costs due to shipping line or Terminal errors
19. Lord of Transport Services remains the right to hold the consignor’s goods until the full payment has been made.
20. It is agreed that no servant or agent of neither the Carrier nor any other person has power to waive or vary any of the terms hereof unless such waiver or variation is in writing and signed by an executive officer of Lord of Transport Services
21. Force Majeure – Lord of Transport Services will not be or deemed to be in default or breach of any contract as a result of the effects of Force Majeure. Force Majeure will include any cause beyond the reasonable control of Lord of Transport Services, including but not limited to strikes, lock-outs, labour disputes, acts of God, acts of terrorism, acts of nature, acts of Government or their agencies, power shortages or power failure.
22. Trade Practices Act liabilities – Nothing in these Terms shall be construed to exclude any statutory warranties or mandatory statutory obligations required in either case where under the Trade Practices Act or other law the same cannot be lawfully excluded.
23. These conditions of carriage are to be interpreted so that they do not infringe against any law. Any provision that does so infringe, shall be read down to the extent necessary to give it, if possible, an operation of a partial character, but if it cannot be so read down it shall be deemed to be severable. If any provision is held invalid by a court, that provision shall be disregarded and the remainder of these conditions shall continue in force.
21. Lord of Transport Services remains the right to hold the consignor’s goods until the full payment has been made.