1. Definitions

In these conditions: “Company” means ORANGE COURIER SERVICE, “Sub Contractors” means:

1.1 any Person Orange Courier Service arranges to Transport the Goods; and
1.2 any Person who is a servant, agent, employee or sub-contractor of Orange Courier Service or any person in 1.1.

“Person” includes any person, firm, corporation, governmental authority or state or federal government.

“Transport” means the whole of the operations and services undertaken by Orange Courier Service for the Goods.

“Goods” means the goods accepted from the Sender with any container, packaging or pallets supplied by or for the Sender.

“Charges” means Orange Courier Service’s quoted charges for Transport calculated under its rates schedule or other agreed rates, the charges in 6, and any tax including a goods and services tax (“GST”) levied directly on a transaction or supply under these conditions.

2. Transport Basis

2.2 Orange Courier Service relies on the details supplied to it but Orange Courier Service cannot verify and does not admit their accuracy or completeness and a signature by Orange Courier Service is only an acknowledgment for the number of items received.
2.3 Orange Courier Service will deliver Goods to other than the Receiver’s address only by special arrangement in writing and provided suitable delivery facilities are available at all hours.

3. Sender Obligations – The sender must:

not tender for Transport any volatile or explosive Goods or Goods which are or may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to damage any person or property without first presenting to Orange Courier Service a full written description disclosing the nature of those Goods; make the Goods conform to the Receiver’s requirements and must pay any expense incurred by Orange Courier Service if the Sender fails so to do.

4. Sender’s Warranties and Indemnities. The sender warrants:

it has fully and adequately described the Goods, their nature, weight and measurements and complied with all applicable laws and regulations about the notification, classification, description, labelling, transport and packaging of the Goods and that, given their nature, the Goods are packed in a proper way to withstand the ordinary risks of Transport: the Person delivering the Goods to Orange Courier Service for Transport is authorised to do so and to sign this contract; it is either the owner or the authorised agent of the owner of the Goods and it accepts these conditions for itself and the Receiver as well as for any other Person for whom the Sender is acting: and Neither it nor any Person will make an allegation or claim against Orange Courier Service or any other person about the Transport AND the Sender indemnifies Orange Courier Service from any loss, damage, expense, penalty, fine or liability arising from a breach of these warranties, the Sender’s obligations or these conditions.

5. Orange Courier Service’s Rights:

If in Orange Courier Service’s opinion the Goods are or are liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, Orange Courier Service may at any time and at the Sender’s cost destroy, dispose of, abandon or render them harmless without compensation to the Sender, Receiver or Third Party and without prejudice to Orange Courier Service’s right to any Charges. If the Sender instructs Orange Courier Service to use a particular method of Transport, Orange Courier Service will give priority to that method but if Orange Courier Service cannot conveniently adopt it, Orange Courier Service may Transport the Goods by another method. Orange Courier Service is authorised to deliver the Goods at the address given to Orange Courier Service by the Sender or any other address directed by the Receiver and Orange Courier Service will be taken to have delivered the Goods if at either address Orange Courier Service obtains from any person an acknowledgment of delivery. If the address is unattended or the Receiver fails to take delivery of the Goods, Orange Courier Service may:

deposit the Goods at the Receiver’s address;
store the Goods; or
return the Goods to the Sender

If any identifying document or mark is lost, damaged, destroyed or defaced Orange Courier Service may open any document, wrapping, package or other container in which the Goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership or destination.

Orange Courier Service may consolidate the Goods with others and as principal or agent may arrange for Transport of the Goods by a Sub-Contractor on any terms.
If Orange Courier Service believes it is necessary or desirable, Orange Courier Service may deviate from the usual route or method of Transport.

6. Charges.

The Sender must or, if a Person other than the Sender is nominated on the front, then that Person must:

unless otherwise agreed, pay Orange Courier Service the Charges in Australian dollars with 30 days of the date of Orange Courier Service’s invoice; pay Orange Courier Service’s expenses and charges to comply with any law or regulation or any order or requirement made under them or with the requirement of any market, harbour, dock, railway, shipping, customs, excise, or warehouse authority or other Person; pay the cost, expense or loss to Orange Courier Service of destruction or disposal under 5.1, storage and return under 5.4 or of opening or inspecting under 5.5; compensate Orange Courier Service for any cost, expense or loss to Orange Courier Service’s property or any Person caused by the Goods; pay Orange Courier Service any costs not recouped out of the proceeds of sale of the Goods under 7.2.2.

If a Person other than the Sender is nominated to pay the Charges and doesn’t do so within 30 days of the date for payment, the Sender must pay the Charges. Orange Courier Service’s Charges are earned as soon as the Goods are picked up and whether they are delivered to the Receiver or not and whether damaged or not. Orange Courier Service will not refund any payment for Charges under any circumstances. Orange Courier Service’s quoted charged represent the exclusive value of the supply for GST purposes.

7. Lien.

Orange Courier Service has a general lien on the Goods and on any other goods of the Sender for all Charges due or which become due any account whether for Transport of the Goods or any other goods or any other Orange Courier Service service. If the Charges are not paid or the Sender or Receiver fails to take delivery or return of the Goods, Orange Courier Service may without notice and, in the case of perishable Goods immediately:

store the Goods as Orange Courier Service thinks fit at the Sender’s risk and expense, or open any package and sell all or any of the Goods as Orange Courier Service think fit and apply the proceeds to discharge the lien and costs of sale.

Orange Courier Service may deduct or set-off from any moneys due from Orange Courier Service to the Sender under any contract, debts and moneys due from the Sender to Orange Courier Service under these conditions or any contract.

8. Claims

If Orange Courier Service is liable for damage to or loss of the Goods or any part of the Goods, no claim for the loss or damage may be made unless notice of the claim is lodged in writing within 2 days of the date of delivery or, for non-delivery, within 7 days of the anticipated date of delivery. The failure to notify a claim with a time under 8.1 is evidence of satisfactory performance by Orange Courier Service of its obligations. Despite any other condition except 10, Orange Courier Service will be discharged from all liability for loss or damage or the Transport of the Goods unless an action is brought within 6 months of delivery or the anticipated date of delivery.

9. Exclusions and Limitations

Subject to 10, Orange Courier Service excludes from these conditions all conditions, warranties and terms implied by statute, general law or custom. Orange Courier Service excludes all liability to any Person including the Sender, for acts or omissions of Orange Courier Service in tort (including negligence), contract, bailment or otherwise for loss of, damage to or deterioration or contamination of the Goods, or any delay, non-delivery or other failure to supply the Transport or arising out of the Goods, the Transport or these conditions.

Orange Courier Service excludes all liability against all loss, damage, cost and expense from any claim by an Person in tort (including negligence), contract, bailment or otherwise for loss or damage to any property, injury to, or death of any person arising out of any acts or omissions of Orange Courier Service or any or all of the Goods, the Transport, any delay, non-delivery or other failure to supply the Transport of these conditions.

The exclusions, releases and indemnities in 9.2 and 9.3 extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if Orange Courier Service knows they are possible or otherwise foreseeable.

These conditions apply in all circumstances arising from a fundamental breach of contract or breach of a fundamental term.

Orange Courier Service, in addition to acting for itself, also acts as agent of and trustee for each of its servants, agents and Sub-Contractors so they are entitled to the full benefit of these conditions, including any exclusions or limitations or liability, to the same extent as Orange Courier Service. Even if Orange Courier Service breaches any of these conditions, all the rights, immunities, and limitations of liability in these conditions continue to have their full force and effect in all circumstances. Despite the Transport, Orange Courier Service is not liable for, nor bound by, any instructions to collect cash on delivery or any other payments for any Person.

10. Trade Practices Act

These conditions are subject to any applicable implied warranty in the Trade Practices Act 1974, which cannot be excluded, restricted or modified.

11. Law

These conditions are governed and must be construed under the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.

12. Severability

If a condition or part is unenforceable the unenforceability does not affect any other part of the condition or any other condition.

13. Variations and Waiver

Orange Courier Service is not bound by any waiver, discharge or release of a condition or any agreement which varies these conditions unless it is in writing and signed for Orange Courier Service by an authorised officer. If Orange Courier Service waives a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.