Terms of Trading

PAYMENT OF SERVICES

Payment for all services rendered must be paid at time of booking. Payment options include Electronic Funds Transfer (EFT), Visa (3% extra charge), Mastercard (3% extra charge), or cash & EFTPOS if done onsite at 101 Keys Rd, Moorabbin, Victoria.

Prices quoted are based on dimensions and weight provided at time of booking. Extra charges will be incurred and billed accordingly if these details are found to be incorrect at time of delivery.

CONDITIONS OF CARRIAGE

1. These Conditions of Carriage, unless the context otherwise requires, the expression:

The Carrier shall mean and include Just Express Deliveries, its servants, employees, agents and Subcontractors. Sub-contractors, shall mean and include:-

(a) any corporation which pursuant to sub-section 5 of Section 6 of the Companies Act of 1961 of the State of Victoria as amended is deemed for the purpose of the said Act to be related to the Carrier,

(b) any other person, public authority, government authority, firm or body (corporate or otherwise) who or which operates railways,

(d) any other person, public authority, firm of body (corporate or otherwise) with whom or with which the Carrier may make arrangements for the carriage of any goods to which these conditions may relate:

and any other person, public authority, government authority, firm or body (corporate or otherwise) who or which (as the case may be) is now or hereafter a servant, employee, agent or subcontractor of any of the persons, authorities or bodies referred to in paragraphs (a), (b), (c) or (d) above.

Persons shall include public authority, government authority, partnership or firm, any body (corporate or otherwise).

The Goods shall mean and include any goods described in this consignment note or quotation (as the case may be) and or any goods substituted therefore or any of them which the carrier agrees to carry and any or additional goods carried pursuant to any agreed variation of the contract resulting from this consignment note (or quotation as the case may be) or carried pursuant to any request made by or on behalf of the Consignor to the Carrier of to any servant or agent of the Carrier. The Consignor shall mean and include the consignor, his servants, employees and agents.

2. The Carrier is not a common carrier and will accept no liability as such. The Carrier Reserves the right to accept or refuse the carriage, transport, storage or custody of any goods or any class of goods for any person, at its discretion, without giving any reason for so doing. All goods are carried or transported any all storage or custody and any other services are performed by the Carrier subject only to these conditions.

3. The Consignor authorizes the Carrier (if the Carrier should deem fit to do so) to arrange with any sub-contractor for the carriage, transport, storage or custody of the goods and for any service ancillary thereto, any such arrangements shall be deemed to be ratified by the Consignor upon delivery of the goods concerned to the sub-contractor whereupon the sub-contractor shall be entitled to the full benefit of these Conditions to the same extent as the Carriers. In so far as it may be necessary to ensure that such sub-contractor shall be so entitled the Carrier shall be deemed to contract with the Consignor for its own benefit and also as trustee for the sub-contractor in respect of all matters mentioned in these Conditions.

4. (a) The goods are and at all times shall be at the risk of the Consignor and of the owner thereof and the Carrier shall be under no liability whatsoever in respect of the goods or any part thereof to the consignor or to the owner or to any other person.

(b) Without restricting the generality of sub-clause (a) the Carrier shall not be liable in tort or in contract or otherwise howsoever for –

(i) any loss or non-delivery of the goods or any part thereof or incorrect description of the goods or any part thereof: or

(ii) any damage or injury to or any delay in the delivery of the goods or any part thereof; or

(iii) any damage directly or indirectly caused by or which may arise out of any such loss, non-delivery, mis0delivery, incorrect description, damage, injury or delay; or

(iv) any damage including deterioration of chilled, frozen, refrigerated or perishable goods.

(c) The provisions of sub-clause (b) shall apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, mis-delivery, non-delivery, damage or injury or delay may have occurred and notwithstanding that the same may have been due to or occasioned by or may have arisen as a result of or as incidental to any negligence or any willful act or omission or any misconduct on the part of the Carrier or any of its servants or agents and notwithstanding that the cause of such loss, non-delivery or mis-delivery or incorrect description of the goods or any part thereof or of any such damage or injury or any such delay may not be known to the Carrier.

(d) The description of the goods, the quantity and the value thereof shown in the consignment note or quotation relating to the goods (as the case may be) were represented to the Carrier by the Consignor and the Carrier does not admit to the accuracy thereof and shall require, in case of any claim, proof thereof. The Consignor or other party who claim against the Carrier, shall retain the relevant evidence thereof.

5. The Consignor authorizes the Carrier to deliver the goods given to the Carrier by the Consignor for that purpose. The Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the goods.

6. If on demand any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier may detain and sell all or any of the goods which are in its possession and out of the moneys arising from the sale, retain the charges so payable and all charges and expenses relating or incidental to the detention and sale and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due or payable in respect of such service or the said detention and sale.

7. Freight shall be considered earned as soon as the goods are loaded and dispatched and whether the goods are delivered to the consignee or not and whether damaged or otherwise. Under no circumstances will any payment for freight be refunded.

8. The Carrier shall not be bound by any Agreement purporting to vary these Conditions unless such Agreement is in writing and is signed on behalf of the Carrier by a Director or the Secretary of Chiron Transport Pty Ltd.

INSURANCE OF GOODS

All goods shall be at the risk of the Consignor and not the Carrier and unless expressly agreed in writing.