1. Wickham Freight Lines Pty Ltd ACN 062 620 240 (“The Company”) is not a common carrier and shall accept no liability as such. All goods are carried, transported and/or stored and all services are provided by the company subject only to these terms and conditions and the company reserves the right to refuse the carriage, transport and/or storage of goods for any person or corporation and the carriage, transport and/or storage of any class of goods at its sole discretion.
2. (i) It is agreed that the person delivering the goods to the company is authorised to sign the documentation evidencing this contract for the consignor and/or the consignee.
(ii) The consignor warrants that in agreeing to the terms hereof it is, or has the authority of, the person or persons owning or having any interest in the cargo accepted from the consignor (“the goods”) or any parts thereof.
(iii) The consignor undertakes to indemnify the company in respect of any liability whatsoever and howsoever arising in connection with the goods to any person who claims to have any interest in the goods or any part thereof.
3. The company shall be entitled to subcontract on any terms the whole or any part of the services.
4. (i) If and only if the company has agreed to insure the goods, then the liability of the company is limited to physical loss of or damage to the goods up to the limit of such insurance.
(ii) If any event subject only to sub-clause (i) and to clause 12 hereof the goods are at the risk of the consignor and not the company and the company shall not be responsible in tort or contract or bailment or otherwise for any and the consequences of any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods.
5. (i) The company is authorised to deliver the goods at the address nominated to the company by the consignor for that purpose.
(ii) If the nominated place of delivery should be unattended or if delivery cannot otherwise be affected by the company, the company may at option deposit the goods at that place or store the goods and if the goods are stored by the company the consignor shall pay or indemnify the company for all costs and expenses incurred in or about such storage.
6. The company’s charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the consignor’s premises or accepted for storage and shall be payable and non-refundable in any event.
7. (i) The company shall have a lien on the goods and any documents relating thereto and on any other goods of the consignor in the possession of the company or any documents related thereto for all sums payable by the consignor to the company and for that purpose shall have the rights to sell any such goods by public auction or private treaty without notice to the consignor.
(ii) After taking reasonable steps to contact the consignor the Company shall have the rights to sell by public auction or private sales or dispose or any uncollected or undelivered goods without notice to the consignor.
8. (i) The consignor shall not tender for carriage or storage any volatile spirits or explosive goods which are or may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to damage any property whatsoever without presenting full description and disclosing the nature of such goods and in any event shall be liable for all loss and damage caused thereby and if in the opinion of the company the goods are or are liable to become of a dangerous, inflammable, 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 consignor and without prejudice to the company’s right to any charges hereunder.
(ii) The consignor warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the goods and that the goods are packed in a manner adequate to withstand the ordinary risks of storage and/or cartage having regard to their nature and hereby indemnifies the company for any liability whatsoever as a result of or arising out of the consignor’s failure to comply with each of these warranties.
9. If the company is liable for damage to or loss of the goods or any part thereof, no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of the company within sever (7) days after delivery was affected or would in ordinary course of business have been affected.
10. Notwithstanding any other provisions hereof other than clause 12 hereof, the company shall in any event be discharged from all liability whatsoever in connection with the goods unless suit is brought within six (6) months from their delivery or from the date on which in the ordinary course of business delivery would have been affected.
11. It is hereby agreed that if any provisions or part of any provision of the contract is unenforceable such unenforceability shall not affect any other part of such provision or any other provision thereof.
12. Notwithstanding anything herein contained the company shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion, restriction, modification of any such warranty.