TERMS AND CONDITIONS
 

1. Marine Transport (hereafter referred to as "the carriers", an expression which will be taken to include it's servants, agents, and sub-contractors.) are not common carriers, and will accept no liability as such.
2. All work done, or services performed by the carrier of whatsoever nature or kind shall be subject only to these conditions and the carrier reserves the right to accept or refuse the carriage of any articles or goods.
3. The consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor or sub-contractors for the cartage of any goods being the subject of the contract. Any such arrangements shall be deemed to be ratified by the consignor upon delivery of the said goods to such Sub-Contractor or Sub-Contractors who shall there-upon be entitled to full benefit of these terms and conditions to the same extent as the Carrier. In so far as it may be necessary to ensure that such sub-contractor or sub-contractors shall be so entitled the carrier shall be deemed to enter into this contract for its own benefit and also as Agent for the Sub-contractor or sub-contractors.
4. All goods or articles are carried subject and liable in every aspect to the Bills of Lading issued by and/or conditions imposed by any steamship company. Railway, port or harbour authority or other carrier of the goods and are freighted at ordinary rates unless otherwise instructed in writing by the consignor or his authorised agent.
5. It is agreed that the person delivering the goods or articles for carriage is authorised to sign the consignment note for the consignor.
6. The charges for the carriage shall be paid by the consignor without prejudice to the rights of the carrier or any person, provided that when it is agreed (by notation on the consignment docket that charges are payable by the consignee or the goods and articles are consigned "Freight Collect" the consignor shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made to the carrier for payment thereof. The Carrier shall be deemed authorised at all times to receive payment and give receipts on behalf of the consignor.
7. Freight shall be considered earned whether the goods or articles are delivered to the consignee or not and whether damaged or not.
8. The carrier accepts no responsibility for any damage, including injury, delay or loss of any nature arising out of or incidental to the carriage or any services ancillary thereto or which may occur at any time after the goods or articles have been delivered to the Carrier and before the goods or articles have been delivered to the Consignee whether due or alleged to be due to the misconduct or negligence on the part of the carrier or not and whether the cause of the damage is known or unknown to the Carrier.
9. If on demand any person fails to pay charges due to the Carrier in respect of work performed or services rendered by the carrier, the carrier may detain and sell all, or any of the goods or articles of such persons which are in the carriers possession and out of the monies arising from the sale , retain the charges so payable and all charges and expenses of the detention and sale and shall render the surplus, if any, of the monies arising from the sale and such goods as remain unsold to the person entitled thereto
10. Insurance covering any goods or articles being handled by the carrier will not be effected for the benefit of the consignor unless specific written instructions are first given by the consignor and/or Consignee provided always that any such insurance shall be effected at the expense of the Consignor and for full value of the consignment and provided further that any such insurance no matter by whom arranged shall name the Carrier as principal to the effect that the carrier will be fully covered during the consignment and all current premiums or charges are paid.
These conditions shall be governed and construed by the law of New South Wales where so ever the contract was made and any proceedings in respect of any matter or thing against the carrier shall be instituted or carried out in the State of New South Wales only. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such Agreement be in writing and signed on behalf of the carrier.