"Company" means LINKO EXPRESS
CARGO PTY LTD.
"Customer: means the person with whom
this contract is made.
"Dangerous Goods" mean cargo which
is volatile or explosive or which is or may become dangerous Inflammable or
offensive (including radioactive materials) or which may become
liable to damage any person or property whatsoever.
"Goods" means the cargo accepted
by the Company together with any container, packaging, or pallet(s) supplied by
on behalf of the Customer.
"GST" means the goods and services
tax imposed by or under a GST Law.
"GST Law" means the same as in the
A New Tax System (Goods and Services Tax) Act 1999.
"GST Rate" means the rate of GST
under GST Law.
"Invoice" means the tax invoice
under GST Law.1111"Services" means the whole of the
operations undertaken by the company in respect of the Goods.
"Subcontractor" includes any other
person who pursuant to a contract or agreement with any other person (whether
or not the company) provides or agrees to provide the Services or any part of
"Supply" means the same as in GST
The company is
not a common carrier and accepts no liability as such. Then Company reserves
the right to accept or refuse the provision of Services in respect of the Goods
at its sole discretion. All services are provided to the Company subject to
only to these conditions which prevail at all times over the condition of
contract of the customer. In the event of and to the extent of any
inconsistency between these conditions which are incorporated into the bill of
lading, waybill, consignment note or other transport document issued by the
company, these conditions prevail.
warrants that it is either the owner or the authorized agent of the person
owning or having any interest in the Goods or any part of the Goods and enters
into this contract on its own behalf or as authorized agent of that person
those persons. Further the Customer undertakes to indemnify
the Company in respect of any liability whatsoever and howsoever arising
(including without limiting the foregoing from negligence or breach of contract
or willful act
or default of the Company or others) in connection with the provisions of the
services and/or the goods to any person (other than the Customer) who claims to
have, who has or may hereafter have any interest in the Goods or any part of
warrants that it has complied with all laws and regulations relating to the
nature, condition, packaging, handling, storage and carriage, having regard to
their nature and indemnifies the Company for all liability and for all costs
incurred as result of arising out of the breach of this warranty. Further the Customer
shall provide the company all such assistance, information and documentation
that may be necessary to enable the Company to comply with such laws and
and/or excise duties, costs, and fines or penalties which the becomes liable to
pay for any reason whatsoever in respect of the Goods and any documentation
relating to the Goods pursuant to any applicable laws or regulations (whether
or not resulting from or arising out of the negligence of the Company) shall be
paid by the Customer.
(i)The Customer shall not tender for the provisions of
Services by the Company any Dangerous Goods without presenting to the Company a
full description disclosing their nature and in any event Customer shall be
liable for all death, bodily injury, loss and/or damage thereby caused and
shall indemnify the
Company for such liability.
in the opinion of the Company, the Goods are or liable to become of a
dangerous, inflammable, explosive, volatile, offensive or damaging nature, they
may at any time be destroyed, disposed of or abandoned or rendered harmless by
the Company without compensation to and at the cost of the Customer.
The Goods are at
the risk of the Customer and not of the Company and the Company shall not be
responsible in text or contract or bailment or otherwise for any, and the
consequence of any, loss of or damage to or deterioration of the Goods or
misdelivery or failure to deliver or delay in delivery of the Goods including
chilled, frozen, refrigerated or perishable Goods either in transit or in
storage or failure to provide or delay in providing the services for any reason
whatsoever holding without limiting the foregoing the negligence or breach of
contract or with act or default of the Company or others or the conversion or
misappropriation of the Goods by the Company's servants, agents or
Subordinators. This clause shall apply to all, and in the consequences of all,
such loss of or damage to or deterioration of the Goods or failure to provide
or delay in providing the service whether or not the same occurs in the course
of performance by or on behalf of the Company contract or in events
which are foreseeable by them or either of them or in events which could
constitute a fundamental breach or a breach of a fundamental term of the
handling, removal, assembly or erection of any kind whatsoever is required to
be undertaken by the company, the Company shall not be liable for any death,
injury, loss or damage which may result from or arise out of what the Company
undertakes. Further the customer shall indemnify the company in respect of any
such liability whether or not that liability arises from negligence or breach
of contract or willful act or default of the Company or the Company's servants,
agents or Subcontractors.
(i)The customer authorizes the company and any
Subcontractors to subcontract on any terms the whole
or part of the provision of the Services.
(ii)The customer undertakes:
(a) that no claim or allegation shall be
made, whether by the customer or any other person who is or who may
subsequently be inerested in the provision of the
Services and/or in the Goods, against any person(other than the company) by
whom(whether it is a Subcontractors, principal, employer, servant, agent or
otherwise) the Services or any part
of the services are or is provided which imposes or alternate to impose upon
such person any liability whatsoever and howsoever arising(including without
limiting the foregoing from negligence or breach of contract or willful act or
default of the carrier or others). In connection with the
provision of the services and/or the Goods and if such claim or allegation
should nevertheless be made to indemnify the Company and the person against
whom such claim or allegation is made against the consequences of such plain or
allegation. For the purposes of this Clause 9(ii), the company is or
shall be deemed to be acting as agent or trusties on behalf of and for the
benefit of all such persons and each of them and such persons and such of them shall to this extent be or be deemed to
be parties to this contract.
indemnify the Company against any claim or allegation made against it by any
person in connection with any liability, arising out of or relating to the
provision of the Service, and/or the Goods.
limitation, Condition and liberty in these conditions and every right,
exemption from liability, defense and immunity nature applicable to the Company
or to which the carrier is entitled in accordance with these conditions ahll also be available and shall extend to protect:
every servant or
agent of the Company or of a Subcontractor;
person other than the Company) by whom the Service or any part of the Service are provided; and
(iv) all persons who are or may be vicariously liable for the
acts or omissions of any persons falling within paragraphs), (ii) or (iii) of
the clause 10;
the purpose of this clause 10, the Company is or shall be deemed to be acting
as agent or trustee on behalf of and for the benefit of such persons and each
of them and all such persons and each of them shall to this extent be or be
deemed to be parties of this contract.
(i) The Customer authorizes any deviation from the usual
manner in which the services are provided which may in the absolute discretion
of the company be deemed reasonable or necessary in the circumstances.
If the Customer expressly or impliedly instructs the Company to use or it is
expressly or impliedly agreed that the company will use a particular method of
providing the Services the Company will give priority to that method but its
adoption remains at the sole discretion of the Carrier and the Customer
authorizes the Company to provide the Services by another method.
not be arranged by the
company except written instructions of the customer and then only at the
customer's expense and on lodgment of a declaration as to value prior to
acceptance of the Goods by the Company, the company may charge the customer for
arranging such insurance.
The charges of the Company shall
be considered earned as soon as the Goods are delivered to the Company and
under no circumstance shall any those charges be
refunded. The Company may charge by weight, measurement, or value and may at
any time reweight, remeasure
or revalue or require the Goods to be reweighted, remeasured, or revalued and charge proportional additional
charges accordingly. The customer is and remains responsible to the Company for
all its proper charges whether or not the Goods are delivered and/orthe Services provided as instructed and whether or not
they are damaged.
The company shall have a lien on the Goods and any
documents relating to these Goods and or any other Goods or cargo of the customer
in the possessiion or contract of the company without
notice to the Customer. The Company shall be entitled to retain the sums due to
it, in addition to the charges incurred in detention and sale of such Goods or
cargo, from the proceeds of sale and shall render any surplus to the entitled
Every special instruction to the
effect that charges shall be paid by a person other than the Customer shall be
deemed to include a stipulation that if that nominated person dose not pay
those charges to the Company within seven
(7) days of being notified of that person's failure to pay.
The Company shall
not be responsible in negligence or contract or otherwise for loss, damage,
costs, fines or penalties incurred by the Customer or any other person resulting
from or arising out of or in connection with any quotation, advice, statement,
representation or information given or made by or on behalf of the Company to
the Customer or others as to the classification of or any matter material to
the valuation of or the liability for or the amount, scale or rate of customs
and/or excise duty or other impost tax or rate charged in respect of the Goods
or any cargo whatsoever. In giving or making any such quotation, advice,
statement, representation or information the Company relies solely on the
particular provided by the Customer which warrants that those particulars
accurately and completely describe all aspects of the Goods or cargo and the
transaction(s) relating to those Goods or that cargo.
In all cases where
liability of the company has not been excluded, whether by these conditions, by
status or by international convention or otherwise, the liability of the
company whatsoever and howsoever arising is limited to:
$100.00 or the value of Goods the subject of the contract at the time the Goods
were received by the company, whichever is the least; or
(ii) In the case of proven breach of an an implied warranty provided by the Trade Practice Act 1974
as amended, the payment of the cost of having the Services supplied again.
The Company shall
not be bounded by shy agreement supporting to waive or vary these Conditions
unless such agreement to so waive or vary shall be in writing and signed by an
executive officer of the Company.
claim for loss or damage must be notified in writing to the Company within
days of delivery of the Goods or of the date upon which
the Goods should have been delivered;
(ii)In any event the Company shall be discharged from
all liability whatsoever in connection with the provision of the Services
and/or the Goods unless suit is brought and notices given within (9) months of
provision or the Services or delivery of the Goods or when the services should
have been provided or the Goods should have been delivered.
(i)All the rights, immunities and limitations of liability
in these Conditions shall continue to have their full force and effect in all
circumstances and notwithstanding any breech of this Contract or of these
conditions by the Company or any other provision or any other part of such
(ii)It is agreed that if any provision or any part of
provision of these Conditions is unenforeable such unforceability shall not affect any other provision or any
other part of such provision.
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 that act is applicable to this Contract and prevents the
exclusion, restriction and modification of such warranty.
shall be governed by and construed in accordance with the laws of the State or
Territory in which this Contract was made.
(i)This clause applies if the Company is or may become
liable to pay GST in relation to any Supply under these Conditions (a
(ii)Unless otherwise stated, all charges quoted are
exclusive GST. In addition to such charges, the Customer must pay GST on the
Taxable Supply to the Company of an amount equal to the GST exclusive
consideration multiplied by the GST rate. GST shall be payable by the Customer
without any deduction or set off for any other amount at the same time as the
GST exclusive consideration is payable. In all other respects, GST shall be
payable by the Customer under these Conditions.
(iii)The Company must issue an invoice or invoices to
the Customer for the amount of GST referable to Taxable Supply. The Company
must include in any such invoices such particulars as are required by the GST
Law in order that the Customer may obtain an input tax credit for the amount of
GST payable on the Taxable Supply.
(iv)If any part of the consideration is referable to both
a Taxable Supply and anything that is not a Taxable Supply, the amount of GST
that would be payable if the Taxable Supply were the only Supply made to the
(v)If the Customer makes default in the payment on the
due date of any amount payable pursuant to clause 23(ii) then without prejudice
to any other remedies of the Company, the Customer shall pay to the Company
upon demand an amount equal to the amount of any damages or interest or
additional GST that may become payable by the Company arising out of the
default of the Customer.