Terms & Conditions
Terms & Conditions of using UFS Transport
Customer Information Sheet
UFS Transport is a non-common carrier. Insurance remains the responsibility of the consignor.
Terms and Conditions available upon request
By Signing this document, you are authorised to sign on behalf of the company you are signing for.
Conditions of contract
1. In these terms and conditions “Carrier” will always mean UFS Transport PTY LTD. ABN: 59 623 901 726, this includes their agents, employees and sub-contractors.
“Charges” will always mean the charge or charges for the transit and/or warehousing/storage of the goods. “Consigner” will always mean the person whom the Carrier contracts to deliver or warehouse the Goods as per this contract. “Consignee” will always mean the person/persons whom the subject contents of this contract are to be delivered to. “Goods” shall mean the contents of the delivery accepted from the consignor together with the container or packaging supplied by or on behalf of the consigner.
2. The Consignor authorises that any local or interstate courier agent contracted by the Carrier to perform a carriage or warehouse / storage of goods for the consignor of this contract, shall also have their own terms and conditions enforced into the period in which they perform their services and therefore all deliveries are also subject to any of our local or interstate agent terms and conditions of contract.
3.The Carrier is not a common carrier, and will accept no liability as such. All goods are carried and/or stored by the Carrier subject only to these conditions of contract and therefore the Carrier reserves the right in its absolute discretion to refuse to perform a carriage or delivery or storage / warehousing of goods for the consignor.
4.The Consignor authorises that the Carrier can sub-contract the whole or anypart of the carriage, and/or storage of Goods on the same terms and conditions of this Contract.
5.The Consignor must pay all charges from the Carrier that are invoiced, and within the period specified on the Carriers invoice. The Carriers Charges shall be deemed fully charged and earned the moment the goods are loaded and delivered and shall be payable and non-refundable in any event during the delivery. If the Consignor fails to pay the Carrier the Charges when they are due and payable, all earned Charges, regardless of the due date, immediately become due and payable.
6.Any charges or quotes that amount to be charged given by the Carrier to theConsignor are estimates only and the charge to the Consignor shall be determined by the Carrier prior to the performance of the contract of freight / storage. The Carrier may increase the charge if the Carriers cost of delivery or storage / warehousing increases for any reason. All of these charges payable to the Carrier are exclusive of all tax including GST.
7.The Consignor is responsible to the Carrier for all Charges incurred during the course of deliveries, including but not limited to Charges for holding vehicles up or delays in loading and unloading of the Goods, hold ups that occur outside of the Carriers responsibility. This hold up period will begin when the Carrier reports for loading or unloading. The labour required to load or unload the vehicle will always be at the expense and time of the Consignor.
8. If your goods are subject to control of Customs, all hold ups and charges or costs incurred at Customs will be paid by the Consignor.
9. If the Consignor does not pay within 14 days of a written demand, the Carrier may at its own discretion sell any or all goods belonging to the Consignor to discharge the overdue Charges owed.
10. The Consignor hereby authorises that the Carrier shall take the most efficient route to the destination requested that the Carrier deems to be the quickest and appropriate for the Carrier to fulfil its obligations to this contract. The Consignor therefore agrees to pay the Carrier all charges and expenses incurred during the delivery of goods, including but not limited to toll roads.
11. UFS Transport PTY LTD. ABN. 59 623 901 726 Will be known as “The Carrier” Throughout this contract.
12. 1) The Carrier is authorised to deliver the Goods at the address given to the Carrier by the Consignor known as the Delivery Address and it is expressly agreed that the Carrier shall be deemed to have delivered the Goods as per this contract if the Carrier obtains a receipt or signed docket / signed POD for the delivered Goods by any person at the Delivery Address, or confirmation of delivery in our dispatch systems. 2) If the Consignee of the goods is not present at the Delivery Address during normal trading hours or at a time that is specified for the delivery, or if the Carrier arrives and is delayed in performing a prompt delivery for any reason whatsoever that is outside of the Carriers control, the Carrier can then reserve the right to make an additional charge for each attempt at delivery and / or for the amount of delay until the delivery is performed and the Consignor shall pay the Carrier for all such charges. 3) If the Delivery Address is unattended, the Carrier may at its option deposit the Goods at a place that is deemed safe and appropriate (Which shall be deemed to be delivered in accordance with this Contract) or store the goods and if stored by the Carrier, the Consignor shall pay or indemnify the Carrier for all costs and expenses incurred during storage. In the event that the Goods are stored by the Carrier, the Carrier shall have the option to re-deliver the Goods to the Delivery Address from the place of storage at the Consignors expense. 4) The carrier may deliver the goods in a time frame that best suits the carrier 5) The Carrier is not liable for any monetary loss, damage or injury to any person, property or thing of any kind whatsoever, including any consequential or indirect loss or damage however arising caused or incurredduring any part of waiting for a delivery to be completed or unloaded.
13. Insurance will not be arranged by the Carrier and the Consignor must ensure that there is adequate insurance cover arranged to ensure that there is full cover for any damage to or loss of all of the Consignors Goods in the process of carriage or storage by the Carrier.
14. Calls made to and from the Carrier may be monitored for teaching, quality and legal purposes.
15. The Consignor agrees and warrants that:1) They are either the owner or the authorised agent of the owner of the goods 2) By entering into this Contract they accept the terms and conditions of the Contract for the Consignee as well as for all other persons on whose behalf theConsignor is acting 3) They have complied with any requirement of any applicable law or regulation relating to the nature, packaging, labelling or cartage of the goods
4) The Consignor agrees it shall pay all costs and expenses incurred by the carrier in complying with the provisions of any such law or with any order or requirement or with the requirement of any dock, harbour, railway, shipping or customs or excise.
16. The Consignor undertakes to indemnify the Carrier from and against all loss and damage which includes any cost and expense of any nature occurring in
consequence or part consequence of the Consignors breach of any of the terms and conditions of this contract.
17. The Goods are at the risk of the Consignor and the Carrier shall not be under any liability whatsoever for any loss or damage to or miss delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, non-delivery of Goods in transit or in storage or otherwise in its care, custody or control, or any consequential loss or damage arising there from howsoever caused, notwithstanding that the loss or damage is the result of a wilful, reckless or negligent act or omission of the Carrier.
18. The Consignor undertakes to indemnify and keep indemnified at all times the Carrier, its officers, servants, sub-contractors and agents against all costs, damages, Charges and expenses (Including any settlement costs) arising fromany action, proceeding, claim or demand that may be brought, made or prosecuted against it or them by any person or persons in respect of loss of or damage to property or death or injury caused by or arising out of or in any way connected with the performance of this Contract.
19. In the event of the Contract including any handling, installation, removal, assembly or erection of any kind whatsoever, the Carrier is not liable for anyloss, damage or injury to any person, property or thing of any kind whatsoever, including any consequential or indirect loss or damage however arising caused or incurred during any part of the handling, installation, removal, assembly or erection.
20. To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to, in the case of Goods, the replacement, repair or re-supply of the Goods or the payment of the cost of replacing, repairing or re-supplying the goods and in the case of services supplying these services again or having the cost of having the services supplied again.
21. In respect to this clause the Carrier in addition to acting for himself is acting as agent of and trustee for each of his servants and also any other person or company with whom the Carrier may arrange for carriage of the Goods and servants of such person or company so that his servants and such person or company and his or its servants and parties to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if in so far as may be necessary to give effect to the clause the Carrier shall hold the benefit of these conditions for its servants and for any such persons or company and his or its servants.
22. Despite anything else in this clause, the Carrier shall not be liable to the Consignor for any loss or damage caused as a result of an act of God, war, riot, insurrection, vandalism, sabotage, strike, kick out, ban or other industrial dispute or disturbance, any law, rule or regulation of any government or governmental agency and executive, administrative order or act of general or particular application which is unforeseen and beyond the control of the Carrier and occurs without the fault or negligence of the Carrier.
23.It is hereby agreed that if any provision or part of any provision of this Contract is unenforceable, illegal or void, then it is severed and the rest of the Contract remains in force.
24. All the rights, immunities and limitations of liability in the above conditions of Contract shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the Contract or any conditions hereof by the Carrier.
25. The Carriers shall not be bound by an agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf ofthe Carrier by a duly authorised executive officer of the Carrier.
26. “GST” Means GST within the meaning of the GST Act, “GST Act” means the A New Tax System (Goods and Services Tax) Act of 1999 (as amended)
27. The consideration payable by any party under this contract represents the value of any taxable supply for which payment is to be made.
28. Pallets on which the Consignors are delivered, carried or stored are not the responsibility of the Carrier and the Consignor shall agree to be held responsible for such pallets, and indemnify the Carrier from any loss or damage however caused arising out of or in relation to lost or damaged pallets.
29. The Consignor acknowledges that the Carrier will from time to time, at its discretion, use electronic communications for the transactions made under this Agreement. The Consignor expressly consents to this practice and agrees that where the Consignor provides a signature it is confirming its agreement to that transaction.
30.These terms and conditions shall be governed and construed in accordance with the laws in force in the State or Territory where the Carrier’s services were engaged.
31. The Carrier charges a fuel levy in some instances and other surcharges could be applicable during the delivery process. The Consignor acknowledges that any fuel levy and / or other surcharges may be higher or lower than the actual cost applicable to the service performed for the Consignor.
32.This document and any rates, pricing tables and information handouts must not be given or distributed to any person, and the person who has signed this contract can only be in possessions of this document, pricing tables, rates and information handouts.
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