Terms and Conditions of Cartage and/or Storage
These conditions state the terms for which Lakes Entrance Delivery Service Pty Ltd (ABN 18 254 664 629) will accept your freight.
We are not a Common Carrier and do not accept any liability if items are lost or damaged and may refuse to transport any particular goods. We accept no responsibility for any loss or depreciation of or damage to misdelivery or non-delivery or delay in goods or articles in transit or in storage for any reason whatsoever.
The Sender warrants that the person who has signed this transport contract is authorised to do so and to agree to its terms.
The Sender will be and remains responsible for all its proper charges incurred for any reason. The Contract shall be deemed to be made at the point of despatch where all charges shall be paid free of exchange.
We shall have a lien on any goods at the time being in our custody for the freight and incidental costs and expenses associated with this agreement. In the event of payment not being made on demand, we may enforce such lien by sale of goods without further notice.
The Sender agrees that the goods described on this transport contract are carried at its own risk and that we will not be responsible for any delay, loss or damage of any nature arising out of or incidental to the cartage of the goods due to any act of omission (whether wilful or negligent or otherwise) on our part in respect of any liability in respect of the goods.
The Sender will pay us charges in all circumstances, including where the receiver fails to pay any charge. No Payment will be refunded other than required by the statue. The Sender agrees that if it does not pay us charge after we have demanded payment, we may detain and sell all or any goods dispatched by the Sender in its possession and retain it unpaid charges and sale expenses from any money raise from the sale. We have the right to sell any such goods.
(a) We do not accept dangerous goods unless the proper documentation has been provided according to the Australian Code for the Transport of Dangerous Good by Road and Rail
(b) The Sender shall not tender for carriage or storage any volatile or explosive goods which are or may become dangerous, inflammable or offensive (including radioactive material) or which are or may become liable to damage any property whatsoever without presenting a full description the nature of such goods and in any event be liable for all loss and damage caused thereby;
(c) If in the sole opinion of the Company the Consignment becomes or is liable to become a dangerous, explosive, volatile, offensive, or damaging nature the same may at any time be retained, destroyed, disposed of, abandoned or rendered harmless by the Company without compensation to the Sender and without prejudice to the Company’s rights to any charge hereunder;
(d) The Sender warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the Consignment and that the Consignment is packed in a manner adequate to withstand the ordinary risk of storage and/or carriage having regard to it’s nature and hereby indemnifies the Company for any liability whatsoever and for all cost and expenses as a result of or arising out of the Sender’s failure to comply with each of these warranties.