Application of Conditions

“Business Days” means any day of the week excluding Saturdays, Sundays and gazetted public holidays in the State;

“Carrier” means Code Transport Pty Ltd ABN 34 651 283 680;

“Charges” means the Carrier rates, charges, additional service charges, fees and surcharges agreed between us from time to time (whether expressly or impliedly), the Rate Card charges in clause 8, expenses to comply with any law or regulation or any order or requirement made under them, or with the requirement of any market, harbour, dock, railway, airline, shipping line, roadway, customs, excise, or warehouse authority or other person including any duties, excise and costs charged by any governmental, non- governmental or administrative authority which we become liable to pay in respect of the Goods arising out of or in connection with providing the Services and any tax including GST levied directly on a supply under these Conditions.

“Conditions” or “Conditions of Service” means the terms and conditions herein and includes any valid Rate Card;

“Consequential Loss” means any loss or damage arising from a breach of contract or agreement (including breach of these Conditions), tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties at the time of entering these Conditions;

“Consignment Note” means consignment note in a form approved by the Carrier;

“Customer” means any person at whose request or on whose behalf the Company provides a service;

“Dangerous Goods” means any goods deemed of a dangerous or hazardous nature including but not limited to Goods which are or may become dangerous, inflammable, explosive, volatile or offensive (including radioactive materials, arms, ammunition) or Goods which are or may become liable to damage or injure any property or persons, whether you were aware of the dangerous or hazardous nature of the Goods or not, and includes, without limitation, goods forbidden, limited or restricted from time to time by:

(a) the International Air Transport Association (“IATA”);
(b) the International Civil Aviation Organisation;
(c) the Civil Aviation Safety Authority;
(d) the Australian Dangerous Goods Code; or
(e) any applicable law, regulation, guideline or requirement of a regulatory body or government of a country or territory from, through or into which the Goods are carried.

“Dangerous Goods Declaration” means a written form of declaration that declares whether consignments contain or do not contain Dangerous Goods, and is signed by the Customer or its authorised agent;

“Date of Despatch” means the date on which the Goods are accepted by us from you and removed by us from the premises from which you ask us to collect the Goods;

“Delivery” means leaving the Goods at the Delivery Address or as close to that as we reasonably and practically can, and “Delivery” and “Delivered” have corresponding meanings;

“Delivery Address” means the address on the Consignment Note or as we are notified otherwise by you as the address to which the Goods must be delivered by us to the consignee;

“Electrical Goods” means those Goods which use, convert, store or generate electricity (including batteries) in order to operate;

“Excluded Goods” means each of the following items: waste, currency, cash and banknotes; negotiable instruments of any kind; gold, silver and other precious metals; jewellery; gemstones; wrought or unwrought metals; antiques; works of art; securities; living animals or plants; household goods exceeding $500 in value per consignment unless certified professionally packed as required by us or as otherwise agreed in writing; personal effects; second hand goods, used goods, cigarettes, tobacco and tobacco products; solar panels, any valuable documents; large sporting goods including but not limited to kayaks, surf skis, or similar equipment exceeding 3 metres in length; Goods packaged in satchels or envelopes or despatched on a pre-paid service;

“Force Majeure Event” means any cause or causes beyond the control of the party whose performance is directly affected by it, including but not limited to war (declared or undeclared), rebellion, revolution, tumults, political disturbance, accident to wharf, accidents at works or wharf, at receivers’ works or wharf, breakdown or stoppage of slurry pipeline, transfer vessels, motor vehicles or any part of the works from which the Goods are supplied or to which the Goods are destined, including loading and/or discharging facilities, installations and/or equipment at or en route, partial or total stoppage of roads, rivers or channels, riot, insurrection, civil commotion, epidemics, quarantine, strike, lockout, blockade, industrial disturbance, labour/industrial disputes or stoppages of miners, workmen, lightermen, tugboatmen or other hands essential to the working, carriage, delivery, shipment or discharge of the said Goods whether partial or general, interference of trade unions, act of God, fire, floods, storm, tempest, volcanic eruption, earthquake, landslips, frost or snow, bad weather, intervention of sanitary, customs, and/or other constituted authorities, act of government (whether de-facto or de-jure) and supervening illegality, or any other cause beyond the control of the Company. Act of government shall include, but is not limited to, the refusal to grant any necessary import or export licence;

“Goods” means anything carried by the Carrier and includes any receptacle, container or packaging;

“GST” has the same meaning as in the GST Law;

“GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

“Implied terms” means those terms, conditions and warranties implied into contract at law for the supply of goods and services including, without limitation, those terms implied by the Competition and Consumer Act 2010 (Cth);

“Lost” means all Goods in the consignment that have not been Delivered and are unable to be located by us;

“Mechanical Goods” means those Goods which have a mechanism to operate but which are not Electrical Goods;

“Pre-approval Goods” means those Goods which are Dangerous Goods, Electrical Goods, Mechanical or are drugs, weapons, human tissue, organs, blood or blood products, refrigerated (or perishable) items; glass, china or solar panels and these Pre- approval Goods must be pre-approved in writing from the Carrier prior to being accepted for Services.

“Rate Card” is defined at clause 8;

“Services” means the services provided to the Consignor including but not limited to the acceptance, carriage, transportation, storage and/or delivery of a Goods;

“You” or “your” means any person, organisaiton, business or company who requests the Services from us and with whom we contract and if more than one in relation to any Services, whoever we designate is responsible for the request of the Services.

Not a Common Carrier The Carrier is not a common carrier and accepts no liability as such. The Carrier may refuse the carriage or transport of goods for any person or corporation and the carriage or transport of any class of goods is at the Carrier’s absolute discretion.

Customer Warranties and Undertakings
The Customer warrants that:
a. it is either the owner of the Goods and/or the authorised agent of the person(s) owning or having any interest in the goods and it enters into this contract on its own behalf and/or as authorised agent of that person or persons;
b. it has complied with all applicable laws and regulations relating to the nature, condition, packaging or carriage of the goods (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the goods and that, given their nature, the goods are packaged in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;
c. all the Goods are or will be accurately described in the Consignment Note and/or Carrier’s electronic gateway, accurately marked, addressed and appropriated packed having regard to the nature of the Goods and suitable for the Services with ordinary care in handling;
d. You will fully declare all Dangerous, Electrical and Mechanical Goods;
e. You will seek approval for Goods which are Pre-approval Goods;
f. You will not tender Excluded Goods for Services;
g. The Customer hereby indemnifies the Carrier against any expenses, charges or losses sustained by the Carrier in complying with the requirements of any law or otherwise incurred as a result of a breach of the warranties in clause 4 including but not limited to any claims by any third party;
h. The Customer acknowledges that in the event of non-compliance with clause 4(b) that an additional fee will apply in respect of Dangerous Goods, and that the Carrier reserves the right not to carry any non-compliant goods; and
i. You acknowledge that subject to the Implied Terms and to the extent permitted by law, it is your responsibility to ensure that the Services are sufficient and suitable for your purpose.

Performance of Services

Responsibility for Charges
a. The Carrier’s Charges are earned as soon as the goods are picked up or accepted for Services and the Customer must pay all Charges, irrespective of whether the goods are delivered or not, and whether damaged or not, based on the tax invoice issued by the Carrier and in accordance with these Conditions.
b. The Customer shall pay to the Carrier all sums for the Services immediately when due without deduction or deferment on account of any claim, counterclaim or set-off. The Carrier will not refund any payment for freight, fuel surcharge and other charges under any circumstances.
c. It is the Customer’s responsibility to ensure all their goods are within the Carrier’s freight profile. Goods that are found to be outside of the Carrier’s freight profile may be refused at pickup, with the freight charge and a futile pickup fee applying. If the non-compliance is discovered once the Goods are already within the Carrier’s network, then additional charges will apply and a delay in delivery may occur. If the Goods are at any time re- weighed or re-cubed, the Customer shall pay any proportional additional freight, fuel surcharge, additional handing and other charges as determined by the Carrier. The Customer shall pay the higher of dead weight and cubic weight, based on a cubic allowance of 250kg per cubic metre, and rounded up to the nearest whole kilogram.
d. In the event that inaccurate and / or insufficient address details have been supplied, an additional fee will apply. Incomplete consignments at the time of the arranged pickup will occur an incomplete consignment fee. If the Goods are returned to sender a freight handling fee per consignment plus the applicable freight charges will apply. Redirection fees apply to all consignments which the Carrier is requested to undertake. The Customer shall pay any incurred third party.
e. The provision of credit by the Carrier to the Customer is at the absolute discretion of the Carrier, is subject to the Carrier’s credit policy (located on their website) and may be revoked by notice at any time whereupon all outstanding amounts shall become due and payable. Invoices for Services may be delivered in person, sent by post, facsimile or email at the frequency determined by the Carrier. The Customer agrees that evidence of the dispatch by the Carrier of an email is prima facie evidence of the receipt of the email by the Customer and unless the contrary is proven by the Customer the time of receipt will be deemed to be twenty (20) seconds after the time of the dispatch of the email.
f. The Customer agrees to pay the Carrier administration, handling and merchant fees in respect of any copies of documents required or other processing involved in the conduct of the Customer’s account including but not limited to account administration fees, merchant or bank charges or other fees incurred as a result of payment by credit or charge card.
g. When the Carrier is instructed to collect Charges (all or part) or other expenses from any person other than the Customer, the Customer shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and have not been paid by such other person, the intent being that the Customer shall be primarily liable for all amounts due in respect of the Services provided.
h. On all accounts overdue to the Carrier, the Carrier shall be entitled to charge interest calculated at 2% above the base rate of the Carrier’s bank calculated from the time such accounts became overdue. The Customer acknowledges that such interest charge is not a penalty but is a true measure of damages incurred by the Carrier. The Customer agrees that it will pay all costs, expenses and charges incurred by the Carrier due to any breach of the Conditions and all costs, expenses and charges associated with the recovery of any overdue or other amounts including but not limited to any mercantile agent’s costs, legal costs and disbursements on an indemnity basis.

Charges and Rate Card

1. Charges for the Services are based on the Carrier’s tariff which are valid on the Date of Dispatch.
2. The Carrier may agree with a Customer negotiated rates on some or all parts of the Services. These negotiated rates will beissued to the Customer (“Rate Card’”).
3. The Rate Card will only be applicable for the Services and associated Charges if it is valid. If a Rate Card does not containa validity it is deemed to be valid for three (3) calendar months only from the date it is provided in writing to the Customer.
4. If the Customer has a lapsed (and no longer valid) Rate Card the Carrier will charge according to its tariff.

Reweigh
a. The Carrier may reweigh your consignment to verify the weights and dimensions stated at the time of your booking. Variations between the stated weights and dimensions and the actual weights and dimensions will directly impact your original quote for Services.
b. The Carrier reserves the right to change your originally quoted shipping charge to reflect the correct charge, based on the actual weights and dimensions reported by the Reweigh, and apply this new charge on your customer invoice.
c. This amended charge resulting from the Reweigh will be applied to all shipments with inaccurate dimensions and weights without exception.
d. Your invoice will show the total amended shipping charge based on the reweigh statistics and any other additional charges that may apply.

1. supplying the Services again;
2. payment of the cost of supplying the Services again; or
3. the amount of A$100.00

Notice of Loss and Time Bar
Any claim for loss or damage to the goods or relating to the provision of the Services under this contract must be notified in writing to the Carrier within fourteen (14) days of delivery of the goods or the date by which the goods should have been delivered, whichever is the earlier. Should the Carrier not receive any such notice in writing the Carrier shall be forever discharged from any and all liability to any person (including the Customer) in respect of the goods and or the Services. In any event whatsoever, the Carrier shall be discharged from any and all liability whatsoever unless suit is brought within six (6) months of the provision of the Services, delivery of the goods or when the Services should have been provided or when the goods should have been delivered, whichever is the earlier.

Lien
If, on demand, the Customer fails to pay charges due to the Carrier in respect of any Services rendered by the Carrier, the Carrier will have a general and a particular lien over the goods and/or any other cargo or items the property of the Customer in the Carrier’s possession, and without notice to the Customer, may sell all or part of the goods and/or any other cargo or items that are the property of the Customer which are in the Carrier’s possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and 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 thereto.

Dangerous Goods
a. The Customer or the authorised agent shall not tender for carriage any Goods which in the Carrier’s sole opinion are or may be explosive, flammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.
b. The Carrier may at any time cause any Dangerous Goods or any Goods which the Carrier believes in its sole opinion are liable or may be liable to become dangerous to be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Customer and without prejudicing the Carrier’s right to any charges payable by the Customer to the Carrier.
c. Anything that has been declared as waste will not be carried.