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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
2.1 ORANGE COURIER SERVICE IS NOT A COMMON
CARRIER and does not accept any liability as a
common carrier AND MAY REFUSE TO TRANSPORT GOODS
OR ANY CLASS OF GOODS FOR ANY PERSON.
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.
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