1. KingKar Pty Ltd (ACN ABN: 90 603 506 038) T/as Intercity Car Transport & Webster's Car Transport (hereinafter referred to as “The Carrier”, which expression shall include its servants, agents and Sub-Contractors is not a Common Carriers and will accept no liability as such. The Carrier reserves the right to refuse the carriage or transport of goods for any reason, corporation or Company and the carriage or transport of any class of goods as its discretion.
2. The Carrier shall not be under any liability for any loss or damage to or mis-delivery, delay in delivery or non delivery of goods held in their care, custody or control or any consequential loss arising therefrom however caused. This disclaimer extends to include not only loss of or damage but loss, damage or injury to any person, property or thing damaged during the movement and to include any loss consequently or otherwise arising from any loss, damage or injury aforesaid.
3. Insurance will not be arranged by the Carrier except with the express instructions in writing of the consignor and then only at the expense and on lodgement of a declaration as to value prior to collection.
4. Freight shall be considered earned whether the goods are delivered to the consignee or not and whether damaged or otherwise.
5. Goods may be on forwarded by any means by Carriers discretion.
6. The Carrier will arrange for the carriage of goods by any Independent Contractor or Sub-Contractor of the Carrier.
7. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods, the Carrier in addition to acting for himself in acting as agent of and trustee for each of his servants and person or company so that his servants and such person or company and his or its servants are parties to this contract so 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.
8. If on demand any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier may detain and sell all or any of the goods of such person which are in its possession and out of the moneys arising from the sale, retain the charges so payable and all charges and expenses of the detention and sale shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled hereto.
9. The Carrier’s charges for carriage shall be payable by the consignor without prejudice to the Carrier’s right against the consignee or any other person provided that when it is stated on the consignment note or docket that charges are payable by the consignee or the goods are consigned “C.O.D.” or “Freight Collect”, the consignor shall not be required to pay such charges unless the consignee fails to pay after reasonable demand has been made by the Carrier for payment thereof.
10. These conditions shall be governed and construed in accordance with the laws of the State in which the consignment note is issued and any proceedings against the Carrier shall be bought in that State and not elsewhere within twelve (12) months from date of contract.