These are the terms and conditions up on which HBPE Pty Ltd ATF Syson Group Family Trust T/A Hervey Bay Pelican Freight Express (herein) together with its employees, agents and sub-contractors referred to as “the Carrier”) accepts goods for carriage and/or storage.
Please note that goods should not be delivered to or left with the Carrier unless the Consignor, Owner and/or Sender agrees to the goods being carried and/or stored upon these terms and conditions.
1. Delivery of goods to the Carrier represents a warranty by the person delivering the goods that such person is duly authorized by the Owner and/or consignor of such goods to bind the owner and/or consignor to the within terms and conditions in respect of the carriage and/or storage of such goods.
2. No goods will be insured by the Carrier during the transit or storage.
3. All goods shall be and remain at the risk of the consignor and/or owner and not the Carrier. The Carrier shall not be liable in respect of the loss of damage whatsoever to any goods while such goods are in the custody or under the control of the Carrier or its sub-contractor. The Carrier shall not be liable for any consequential loss or damage which may be sustained by the owner of the goods. The loss or damage referred to shall mean and include without limiting the foregoing loss or damage caused by the negligence or willful act or default of the Carrier or others whether or not such loss or damage is foreseeable or contemplated by the Carrier.
4. The Carrier shall have the sole discretion as to the means of handling, loading, unloading, carriage and storing of goods.
5. It shall be the responsibility of the person delivering the goods to the Carrier to so deliver the goods appropriately and properly packed and marked and to fully inform the Carrier of the description of the goods, the weight of the goods and of any particular requirements or procedures or precautions necessary for the storage and/or cartage of the goods.
6. It shall also be the responsibility of the person delivering the goods to the Carrier to give full and complete instructions as to the delivery address details and/or requirements for cartage and delivery of such goods and to indemnify the Carrier on behalf of the owner and/or consignor of the goods for any loss or expense incurred by the Carrier as a consequence of any incomplete or inaccurate instructions.
7. The Carrier shall be at liberty to arrange for any sub-contractor or other Carrier to perform the whole or part of the carriage of goods entrusted to the Carrier and the within terms and conditions shall continue to apply in respect thereof.
8. The carrier shall have a lien on all goods delivered to the Carrier for storage and/or carriage and shall be entitled to retain possession of same until all fees and charges owing to the Carrier shall have been paid in full.
9. All fees and charges due to the Carrier are payable to the Carrier at Hervey Bay in the State of Queensland and all contracts and other agreements for the storage and/or carriage of goods entered into by the Carrier shall be deemed to have been entered into for or on behalf of the Carrier at Hervey Bay and the same shall be subject to the laws in force for the State of Queensland.
10. The Carrier declares that it is not a common carrier and does not accept liability as such and reserves the right to refuse any carriage of goods or the carriage of any class of goods for any person at its absolute and sole of discretion.
11. Freight charges shall be deemed earned on delivery of the goods of the Carrier.