Terms & Conditions
1. In these Conditions:“Carriage” means the whole of operations and Services set out in theConditions and undertaken by the Contractor in respect of the Goods.“Conditions” means these terms and conditions part of which relates toConditions of Cartage and part of which relates to Conditions of Storage.“Consignor” means the party named as the consignor on this Contractand the Consignor’s servants, employees, agents and subcontractors.“Consumer Contract” means a Contract between the Contractor and theConsignor for a supply of Services to a Consignor that is an individualwhose acquisition of the Services is wholly or predominantly forpersonal, domestic or household use or consumption.“Container” includes any container trailer transportable tank, ﬂat or palletor any similar article used to consolidate goods.“Contract” means the contract for the cartage of Goods or the storageof Goods as the case may be between the Contractor and the Consignor,including these Conditions.“Contractor” means Glen Cameron Nominees Pty Ltd (ACN 005 350863), Cameron Interstate Pty Ltd (ACN 094 001 215) or Glen CameronPty Ltd (ACN 006 953 813) as the case dictates and their respectiveservants, employees, agents and sub-contractors.“Freight and Charges” means freight and all expenses and moneyobligations incurred and payable by the Consignor in respect of theGoods.“Goods” means any goods described in any consignment note orquotation accepted by the Contractor from the Consignor for cartage orstorage (as the case may be) and/or any substituted goods and includesany Container not supplied by or on behalf of the Contractor.“GST Act” means A New Tax System (Goods and Services Tax) Act 1999(Cth) as amended.“Laws” means all applicable laws and regulations including, but notlimited to, the Australian Code for the Transport of Dangerous Goodsby Road and Rail, the National Transport Commission’s compliance andenforcement policies, all applicable Road Transport and SafetyLegislation, Dangerous Goods Acts and Regulations and all applicableOccupational Health and Safety legislation and regulations (whetherState or Federal) relating to compliance and enforcement, chainof responsibility and the like in respect to the safety, nature, packaging,classiﬁ cation, description, labelling or carriage of goods“Person” includes any individual, ﬁ rm, corporation, government authorityor any State, Territory or Federal government.“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended.“Services” means the services set out in the Conditions and includes thecartage and storage of Goods.“Security Interest” has the same meaning as under the PPSA.“Shipping Contract” means:(a) a Contract of marine salvage or towage; or(b) a charterparty of a ship; or(c) a Contract for the carriage of goods by ship, which includes areference to any Contract covered by a sea carriage document withinthe meaning of the amended Hague Rules referred to in section 7(1)of the Carriage of Goods by Sea Act 1991 (Cth);“Sub-contractor” means:(a) any person the Contractor arranges to provide Services for theGoods; or(b) any Person who is a servant, agent, employee or Sub-contractor ofthe Contractor in paragraph (a) of this deﬁ nition.“Labour Cost Orders” means any order or determination of a court ortribunal that impacts on the requirement to pay employees and/ orcontractors higher or different rates of remuneration or to provide higher ordifferent conditions of employment or engagement, butexcludes an order approving an enterprise agreement under the Fair WorkAct 2009.
Consumer Contract2. If the Contract between the Contractor and the Consignor is aConsumer Contract and is not a Shipping Contract:(a) Condition 25(c) does not apply; and(b) the laws in force in the place in which the Contract is made apply.
Conditions of Cartage3. The Contractor carries the Goods subject to and liable in every respectto any applicable bills of lading and airway bills issued by, and/orconditions or terms imposed or required by, any vessel or aircraftoperators, any railway, port, or harbour authority or any Contractorwho is otherwise instructed in writing by the Consignor.
4. Notwithstanding that the Consignor instructs the Contractor to usea particular method of cartage whether by road, rail, sea or air if, in thesole opinion of the Contractor, such method cannot be convenientlyadopted by the Contractor then the Contractor may carry or have carriedsome or all of the Goods by any other method or methods of Carriageselected by the Contractor.
5. The Contractor undertakes to use such services as are necessary totransport the Goods and will ensure that all carriers are authorised bycompetent authorities to engage in transportation in Australia.
6. The Consignor authorises the Contractor to deliver the Goods to theaddress nominated to the Contractor by the Consignor for that purpose.The Contractor shall be taken to have delivered the Goods if, at thataddress, the Contractor obtains from any person a receipt or signeddelivery docket for the Goods. In the event that the Contractor is unableto deliver the Goods due to an incorrect address having been providedby the Consignor or if there is no party prepared to accept delivery at thenominated address or some other factor outside of the control of theContractor which prevents deliver then the Consignor must pay to theContractor full compensation for any additional costs, expense or lossthat might be incurred by the Contractor.
7. The Consignor is and remains responsible to the Contractor for allof the Contractor’s proper charges incurred for any reason. A chargemay be made by the Contractor in respect of any delay in excess of30 minutes in loading or unloading occurring other than from the defaultof the Contractor. Such permissible delay period shall commence uponthe Contractor reporting for loading or unloading. Labour to load or unloadthe vehicle shall be the responsibility and at the expense of the Consignorunless agreed by the Contractor in writing to the contrary.
8. Unless otherwise directed by notice in writing, the Contractor isauthorised by the Consignor to collect payment of “C.O.D.” Goods in legaltender or cheques and to give receipts on behalf of the Consignor inrespect of any such payments received by the Contractor.
9. Unless otherwise agreed in writing, all future contracts for Carriage ofGoods to be made between the Consignor and the Contractor shall besubject to these Conditions.
Conditions of Storage10. The Consignor authorises the Contractor to arrange with any other entity(“Agent”) to undertake the carriage or storage of the Goods the subjectof this Contract and, in any such arrangement, the Agent shall be deemedto act as the agent of the Contractor and shall be entitled to the beneﬁ ts ofthese conditions to the same extent as the Contractor.
11. Upon notice in writing being given by or on behalf of the Contractor to theConsignor requiring the Consignor to remove any Goods, or any portionof them, the Consignor must within one month from the date of givingsuch notice pay any rent or charges to which the notice to the Contractorextends and must remove and take away such Goods. Such notice maybe given by sending the same through the post to or by leaving the samefor the Consignor at the Consignor’s last notiﬁ ed place of business. Ifupon the expiration of one month from the giving of such notice theConsignor has failed to pay such rent or charges, as aforesaid, and toremove the Goods referred to in the notice, the Contractor may removethe Goods and store them in such place and in such manner as theContractor thinks reasonable and at the risk and expense of theConsignor, in all respects.
12. It is agreed that any entity delivering any Goods to the Contractor forcarriage or storage is authorised to sign this consignment for the Consignor.
13. The Consignor expressly warrants with the Contractor that the Consignoris either the owner or the authorised agent of the owner of the Goods,has the power to transfer rights in the Goods to the Contractor and agreesto fully indemnify and hold harmless the Contractor against any claim byany other person or persons in respect of the Goods.
14. The Contractor accepts no responsibility for the insurance of the Goodsthat have been stored and accepts no liability for any destruction ordamage to the Goods.
General Conditions for both Carriage and Storage15. The Consignor grants the Contractor a Security Interest in respect of theGoods as security for payment for all charges due to the Contractor inrespect of any Services tendered by the Contractor and security for anyrent and charges due or any other charges or amounts due under theContract or any other contract between the Consignor and the Contractoror which may hereafter become due to the Contractor on any account.
16. If a person fails to pay charges due to the Contractor in respect of anyService rendered by the Contractor on demand being made, theContractor may (in addition to any rights it has under the PPSA):(a) detain and sell all or any of the Goods of that person which are in itspossession; and(b) out of the monies arising from the sale retain charges payable and allcharges and expenses of the detention and sale; and(c) shall render the surplus if any of the monies arising from the sale ofand such of the Goods as remain unsold to the person entitled tothose monies.Any such sale shall not prejudice or affect the right of the Contractor torecover from the person or persons liable any such charge due or payablein respect of such services or the said detention and sale.
17. The Contractor is not a common carrier and accepts no liability as such.The Contractor reserves the right to refuse the Carriage, transport, storageor custody of any Goods or any class of goods for any Person withoutgiving any reason for so doing. All Goods are carried or transported andall storage or custody or other services are performed by the Contractorsubject only to these Conditions.
18. The Consignor will not require the Contractor to transport, store or takecustody of any explosive, inﬂ ammable or otherwise dangerous, damaging,damaged or insufﬁ ciently or improperly packed Goods without giving tothe Contractor a full written description of those Goods, their condition andthe state of their packaging and, in default of so doing, the Consignoraccepts full liability for all loss or damage caused thereby.
19. The Consignor will be and remains responsible to the Contractor inrespect of any delay in loading or unloading occurring other than from thedefault of the Contractor. Such delay period shall commence upon theContractor reporting for loading or unloading. Labour to load or unload thevehicle shall be the responsibility and expense of the Consignor.
20. If the Consignor instructs the Contractor to use a particular method ofcarriage whether by road, rail, sea or air, the Contractor will give priority tothe method designated but if that method cannot conveniently be adoptedby the Contractor the Consignor shall be deemed to authorise him to carryor have the Goods carried by another method or methods.
21. Unless otherwise expressly agreed in writing, no responsibility will beaccepted by the Contractor for any loss of or damaged to or mis-deliveryor non delivery or delay in the delivery of Goods either in transit or instorage for any reason whatsoever and whether or not caused by orarising from Act of God, civil commotion, act of terrorism, burglary,warehouse breaking, larceny, theft, pillage, strikes, ﬁ re (however caused)explosion, water, lightning, rain, tempest, earthquake, ﬂ ooding (whetherexternal or internal), damp, heat, sweat, mould, mildew, decay,deterioration, vermin, rats, mice, insects, leakage, inherent vice in anyGoods (whether the Goods or other goods of the same or any otherperson) breakage, insufﬁ cient or inefﬁ cient packing.
22. The Contractor does not warrant nor admit the accuracy of the contents,weight, measurements, qualities, quantities, gauges, strengths or values ofany Goods or packages stored by the Consignor or provided to theContractor by the Consignor for cartage.
23. The Consignor authorises the Contractor (at the Contractor’s solediscretion) to arrange with any Sub-contractor for the Carriage, transport,storage or custody of the Goods and for any services ancillary thereto.Any such arrangement shall be deemed as accepted by the Consignorupon delivery of the Goods concerned to the Contractor’s nominated Sub-contractor. The Consignor agrees that such Sub contractor shall beentitled to the full beneﬁ t of these Conditions as if it were the Contractor.The Contractor shall be deemed to contract with the Consignor for itsown beneﬁ t and also as trustee for the Sub-contractor in respect of allmatters mentioned in these Conditions.
24. The Consignor acknowledges and declares that it is fully conversant with,and warrants to the Contractor that it will at all times comply with, allLaws. The Consignor further warrants to the Contractor that all of theGoods will be packed in a manner adequate to withstand the ordinaryrisks of the carriage having regard to the nature of the Goods. TheConsignor fully indemniﬁ es and holds harmless the Contractor for anyloss, claim or liability whatsoever suffered by the Contractor as a resultof, or arising out of, the Consignor’s failure to comply with any of thewarranties provided in this Condition.
25. (a) The Goods are, and at all times shall be, at the risk of the Consignorand the owner of the Goods and the Contractor shall be under noliability whatsoever in respect of the Goods or any part thereof to theConsignor or to the owner or to any other Person.(b) Without restricting the generality of paragraph (a) of this Condition, theContractor shall not be liable in tort or in contract or otherwisehowsoever for:(1) any loss or non-delivery or mis-delivery of the Goods or any partthereof or incorrect description of the Goods or any part thereof; or(2) any damage or injury to or any delay in the delivery to the Goods orany part thereof; or(3) any damage directly or indirectly caused by or which may arise out ofany such loss non-delivery, mis-delivery,(4) incorrect description, damage, injury or delay; or0(5) any damage including deterioration of chilled frozen, refrigeratedor perishable Goods.(c) The provisions of paragraph (b) of this Condition shall applyirrespective of the manner in which or the time at which or the place atwhich, or the reason whereby any such loss, mis-delivery, non-delivery, damage or injury or delay may have occurred, andnotwithstanding that the same may have been due to or occasionedby or may have arisen as a result of or as incidental to any negligenceor any wilful act or omission of any misconduct on the part of theContractor and notwithstanding that the cause of such loss and or anysuch delay, non-delivery or mis-delivery or incorrect description of theGoods or any such delay may not be known to the Contractor.(d) The description of the Goods, the quantity and the value thereofshown in the consignment note or quotation relating to the Goods (asthe case may be) are represented to the Contractor by the Consignorand the Contractor does not admit to the accuracy thereof and shallrequire, in case of any claim, proof thereof. The Consignor or otherparty who may claim against the Contractor, shall retain the relevantevidence thereof.
26. The person delivering the Goods to the Contractor shall be deemed tobe authorised to sign, on behalf of the Consignor, the consignment noteor any document incorporating these Conditions. The Consignor expresslyundertakes with the Contractor that the Consignor is either the owner orhas the authority of the owner of the Goods to enter into this contract andthe Consignor accepts these Conditions as trustee for the Consignee aswell as for all other persons on whose behalf the Consignor is acting.
27. The Consignor shall be liable to the Contractor for all freight and chargesas soon as the Goods are loaded and despatched and whether the Goodsare delivered to the consignee or not and whether damaged or otherwise.Under no circumstances will any payment for freight be refused.
28. If on demand the Consignor fails to pay any charges due to the Contractorin respect of any Services rendered by the Contractor, the Contractormay detain and sell all or any part of the Goods which are in theContractor’s possession and, out of the moneys arising from the sale,retain the charges so payable and all charges and expenses relating orincidental to the detention and sale and shall render the surplus, if any,of all the moneys arising from the sale and such of the Goods as remainunsold to the Consignor. Any such sale shall not prejudice or affectcharges due or payable in respect of such Services or the said detentionof sale. For the purposes of this Condition the Contractor has a SecurityInterest in respect of the Goods and any documents relating thereto.
29. The provisions of these Conditions shall apply to the Container orContainers or other packaging containing the Goods and to any palletor pallets delivered with the Goods to the Contractor. The Consignor shallbe responsible for the conformity of such Containers, packaging andpallets with any requirements of the Consignee and for any expenseincurred by the Contractor arising from any failure so to conform.
30. The Contractor does not provide Insurance cover. It is the Consignor’sresponsibility to insure the Goods.
31. If requested, the Consignor must do all things and execute alldocuments necessary to give full effect to these Conditions and thetransactions contemplated by these Conditions, including withoutlimitation, to enable the Contractor to perfect its Security Interest in theGoods and complete any ﬁ nancing statement if the Contract (or atransaction in connection with the Contract) is or contains a SecurityInterest under the PPSA.
32. These Conditions, and any contract incorporating the same made bythe Contractor, shall be governed by of the laws of the State of Victoriaand any action or other legal process in respect of any matter or thingunder these Conditions shall be instituted and carried on only in theappropriate Court of the State of Victoria.
33. The Contractor shall not be bound by any agreement purporting to varythese Conditions unless such agreement is in writing and is signed by aDirector or the Secretary of the Contractor.
34. If any of these Conditions or part of a Condition is unenforceable, it mustbe severed from and does not affect the rest of the Contract.
35. The Contractor is not bound by any waiver, discharge or release of aCondition or any agreement which changes the Contract, unless it is inwriting and signed by the Contractor.
36. These Conditions do not exclude or limit the application of any laws,including Schedule 2 of the Competition and Consumer Act 2010(Cth), where to do so would contravene those laws or cause any part ofthese Conditions to be void.
37. All conditions, warranties, terms and consumer guarantees implied bylaws, general law or custom except any the exclusion of which wouldcontravene any laws or cause this Condition to be void (“Non-ExcludableCondition”) are excluded by these Conditions.
38. The Contractor’s liability for any breach of a Non-Excludable Condition islimited, at the Contractor’s option, to supplying the Services again, or thecost of supplying the Services again.
39. The Contractor will not be liable for any indirect losses, consequentiallosses or loss of proﬁ ts, revenue or business, even in circumstanceswhere the losses were foreseeable.
40. To the extent permitted by law, if the PPSA applies, the Consignorirrevocably waives any rights the Consignor may have to receive noticesunder sections 95, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA,or to reinstate these Conditions under section 143 of the PPSA. TheConsignor agrees to irrevocably waive any rights the Consignor may haveto receive a veriﬁ cation statement (as deﬁ ned in the PPSA).
41. To the extent that Services performed by the Contractor are taxable supplyunder the GST Act, the Consignor is liable for the payment of GST and theContractor’s charges shall be adjusted to fully account for the GST liabilityarising in respect to those charges.
42. Pallets will be treated as an integral part of the Goods tendered fortransportation and/or storage. Should pallets not be returned orexchanged within 7 days to the Contractor, then the Contractor has theright at its sole discretion to either charge the Consignor an amount perpallet per week hire charges until pallets are returned or a ﬁ xed chargeof an amount per pallet such charges to be at the rate then charged by theContractor for pallet hire or for ﬁxed charge
43. Quotations from the Contractor which cover only those Servicesspeciﬁ cally stated on the face of this document remain available foracceptance for 28 days from the date of such quotation.
44. The Contractor reserves the right to adjust rates before or afteracceptance of any quotation to meet any adjustments in charges imposedby an instrumentality outside the control of the Contractor.
45. Where out of gauge or overweight lifts are involved, the quotation onits face is subject to the issuance of the necessary permit and condition bythe relevant authority. The cost of any such permit and of compliancewith such conditions shall be additional to the amount quoted unlessotherwise speciﬁ cally stated.
46. The Consignor must pay all Freight and Charges levied by the Contractorwithin 14 days of receipt of the Contractor’s tax invoice. In addition tothe Contractor’s Freight and Charges, the Contractor may, in its solediscretion, require the Consignor to pay a levy to cover rises inconsumable costs that are outside of the control of the Contractor suchas, without limitation, fuel, oil, government charges, tolls and the like. TheConsignor shall pay to the Contractor any such levy within 14 days ofreceipt of the Contractor’s tax invoice.
47. The Consignor agrees that the Contractor may pass on to the Consignor anyincrease in the costs of providing the Services under these Conditions as aresult of Labour Cost Orders occurring after the date of these Conditions.