1. WILBY TRANSPORT hereinafter referred to as ‘the Carrier’ (which expression will include its services, agents, subcontractors and
including the railways operated by the Commonwealth or a State) is not a Common Carrier and will accept no liability as such. All
Articles are carried or transported and all storage or other services are performed by the Carrier subject to these conditions AND THE
CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PERSON CORPORATION OR
COMPANY AND THE CARRIAGE OR TRANSPORT OF ANY CLASS OR ARTICLES AT ITS DISCRETION.
2. These conditions, together with any special instructions and the agreement between the parties as to price shall contain the entire and
only agreement between the parties in respect of this carriage of goods and representation promise condition or warranty in
connection therewith not incorporated herein shall not be binding upon either party.
3. In the event the Carrier does not himself carry the goods then he is hereby appointed as agent of the Consignor for the purpose of
entering into a contract of carriage on behalf of the Consignor with any other Carrier provided that such a carriage shall contain the
same terms and conditions as the agreement except as to price and the Carrier shall be responsible for all charges payable to such
further Carrier and shall be paid the price agreed upon in respect of the carriage of goods notwithstanding any arrangement pursuant
to this cause.
4. Where forwarding is displayed under instructions for the Consignees or by circumstances beyond the control of the Carrier the goods
may be warehoused or stored at the Carriers sole discretion and the Consignors expense.
5. Every special instruction to the effect that charges shall be paid by the Consignee shall be deemed to include a stipulation that if the
Consignee does not pay the said charges within seven (7) days of the date set for payment or if no date is set for payment within seven
(7) days of delivery or intended delivery of the goods then the Consignor shall pay the said charges.
6. A charge may be made by the Carrier in respect to any delay in excess of thirty minutes in loading or unloading occurring other than
from the default of the Carrier such permissible delay period commencing upon the Carrier reporting for loading or unloading labour
for which purpose being the responsibility and at the expense of the Consignor or Consignee.
7. Freight shall be considered earned as soon as the goods are dispatched from the premises of the Consignor whether the goods are
delivered to the Consignee or not and whether damaged or otherwise.
8. (1) Subject to special instruction the Consignor shall pay the Carrier all charges including any further charges pursuant hereto
notwithstanding that
(a) The Consignee refuses, fails or neglected to take delivery of the goods or
(b) Delivery of the goods cannot be effected because the consignee is deceased, cannot be found or located either because the
address is insufficient or incorrect or
(c) It becomes necessary to or otherwise deal with the goods either according to the instruction of the Consignor or otherwise
pursuant thereto.
(2) In any case referred to in (1) of this condition
(a) Where instruction from the Consignor with respect the disposing of goods are not or cannot be obtained within a reasonable
time having regarded to the nature and condition of the goods then such perishable goods may be said or otherwise
disposed of without notice to the Consignor, Consignee or owner of the goods and also of charges and expenses which may
be due or owing or payable to the Carrier under these terms and conditions shall be equivalent to delivery and
(b) Where instruction from the Consignor with respect to disposing of non perishable goods are not received before the
expiration of twenty-one days from the date of the sending of the notice in writing by the Carrier to the Consignor at the
address given hereon as his address then the Carrier may sell such goods or return them to the Consignor at the Carrier’s
option and where goods are said payment or tender of the nett proceeds of any sale after deduction of all charged and
expenses may be due owing or payable to the Carrier under these terms and
(c) A communication in writing from any agent or correspondent of the Carrier that the goods be delivered for any reason shall
be conclusive evidence of that fact for the purpose of the sub-clause.
9. The Consignor shall specifically declare and fully describe in writing the space provided on the Carrier’s Consignment Note the name
and nature and the value of all goods subject to special rates and carriage, reason of their value or nature, or of a noxious dangerous,
hazardous or inflammable nature or capable of causing damage or injury to any other goods or any persons or animals with which, or to
any store, vessel, vehicles, wagon, van, aircraft or other conveyance of any kind whatsoever in which they may be loaded, carried,
packed or stored or which are liquid or partly liquid from and additional freight charges shall be paid on such goods if necessary.
10. Insurance of goods, parcels, packages, freight or cases, etc. or the cases thereof will not be effected by the Carrier to the benefit of the
Consignor except with his express instructions in writing and then only at his expense and on lodgment of a declaration as to value prior
to collection.
11. All the goods to be forwarded shall be subject and liable in every respect to all terms and conditions and requirements which may be
imposed by any highway, port, harbor, dock, railway, shipping, airways or any other Public Authority or Government Department of
Officer and any additional expense or charges arising by reason of such terms and conditions or requirements shall be paid by the
Consignor.
12. Unless otherwise expressed or agreed in writing, no responsibility will be accepted by the Carriers for any loss or damage to or
mis-delivery or non-delivery of goods, parcels, packages, freights, cases of containers or the contents thereof whether in transit or in
storage for any reason whatsoever.
13. The Carrier shall not be under any liability or consequential loss or damage sustained by the Consignor or by any other person arising
from late delivery of the goods however caused.
14. The Consignor guarantees to the Carrier the accuracy of the particulars which are inserted on the Carriers Consignment Note and he
shall indemnify the Carrier against all loss, damage and expertise arising or resulting from inaccuracies in such problems.
15. In respect of any clause herein which excludes or in any way limits liability of the Carrier in respect of his carriage of goods the Carrier
in addition to acting for himself in acting as agent of and trustee of each of his servants and also any other person or company with
whom the Carrier may arrange for the carriage of the goods and the servants of such person or company so that the or its servants are
parties to this contract so far as the said clause containing exclusive or limitations of liability are concerned and if in so far as may be
necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for his servants and for any such person or
company and his or its servants.
16. It is specially agreed that all the rights, immunities and limitations of liability granted to the Carrier by the provision set forth in the
above conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of
the contract or of any condition thereof by the Carrier.
17. It is agreed that the person delivering any goods to the Carrier for carriage of forwarding is authorised to sign the Carrier’s
Consignment Note for the Consignor.
18. In respect of Contracts made in Queensland these conditions shall be read subject to the Carriage of Goods by Land (Carrier’s Liability)
Act 1967 of that state by except where repugnant to the provisions of that Act shall continue to apply