Allied Express Transport Pty Ltd and
Allied Overnight Express Pty Limited
Terms and Conditions of Contract
- In these conditions the "carrier" means each of the above companies and all related companies and persons.
"Consignor" means the person with whom this contract is made. "Goods" means the cargo accepted from the consignor and "services" means the whole of the services undertaken including transportation and storage.
- The carrier is not a common carrier and reserves the right to refuse the carriage of any goods without assigning any reason for such refusal.
- The consignor undertakes to indemnify the carrier in respect of any liability whatsoever and howsoever arising in connection with the goods to any person who is found to have any interest in the goods.
- The goods are deemed to be in transit notwithstanding that the carriage of the goods may have been interrupted by the carrier and/or may have been diverted from the usual route for such carriage.
- The consignor undertakes to pay the carrier the amount of the charges for any services rendered, calculated at the rates set forth in the rate schedule in force as at the date hereof within seven days of the date of any invoice/statement issued by the carrier relating to such services. The consignor notes the rates in the rate schedule are not fixed for any time period and may rise from time to time in accordance with industry custom.
- Freight shall be considered earned as soon as the goods are loaded and despatched. Cancellation fees apply.
- In addition to charges set out in the rates schedule, the consignor is responsible to the carrier for all its usual charges including fuel surcharges, account keeping fees, minimum pick-up fees, fees for excessive proof of delivery requests, late fees or fees associated with delays in loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the consignor.
- The consignor notes that the following are not reasons to withhold payment: the making of an insurance claim by the consignor; the carrier's failure to provide a proof of delivery ("POD"). The parties note that PODs are provided by the carrier on a best endeavours basis. Some PODs are lost. The consignor has no absolute right to demand a POD nor is the carrier liable to the consignor for failing to provide a POD; transportation by other means than usual means including where services may be provided usually by air, the parties note it may be necessary to provide transportation by modern safe road express freight vehicles if aircraft are not available or guaranteed uplift to meet our delivery standards is not available.
- In order to provide the service specified by the consignor, the carrier reserves the right to use, or may use, any method/s of carriage at its absolute discretion including, without limitation, road, rail, sea or air and the consignor is deemed to have authorised such method/s. It is the responsibility of the consignor to comply with all the applicable laws (including, where necessary, the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and International Maritime Dangerous Goods Code) relating to the notification and/or description on the consignment note or in another written form".
- The consignor will not tender for carriage any explosive, inflammable or other dangerous goods or Restricted Articles within the meaning of The Air Navigation Orders, Part 33 of the I.A.T.A Restricted Articles Regulations and will be liable for all loss and damage of whatever nature (and whether foreseeable or not) occasioned by any person, including the carrier.
- It is the responsibility of the consignor to package the goods appropriately for the required conditions where known and the carrier will not accept any liability for damage to goods not adequately packaged. The carrier is authorised to deliver the goods at the address given to the carrier by the consignor and the services will be deemed performed if at that address the carrier obtains from any person a receipt or signed delivery docket for the goods. If the nominated place of delivery should be unattended, the carrier may at its option deposit the goods at that place or store the goods. If the latter, the consignor must pay or indemnify the carrier for all costs associated with such storage. In the event that the goods are stored, the carrier may charge for re-delivery.
- The consignor acknowledges that it is aware that the carrier is not an insurer of goods and that the carrier does not affect insurance on behalf of the consignor. The consignor notes that under these conditions of carriage, the carrier has no liability for loss of or damage to the goods and that if the consignor wishes to protect itself from exposure to potential loss of this nature, it should arrange its own insurance.
- To the extent permitted by law, notice in writing of any claim intended to be made under this contract must be given to the carrier within 5 (five) days after the date of delivery or, in the case of non-delivery within 30 days of this contract and unless so given and made the claim will not be enforceable against this carrier.
- The carrier accepts pallets only on the condition that all charges pertaining to the pallets will be paid by the consignor. The carrier accepts no responsibility for return of pallets.
- To the extent permitted by law, the carrier will not be responsible for any loss of, or damage to, or incorrect delivery of, or delay in the delivery of, any goods including perishable goods even when such loss, damage, incorrect delivery, non-delivery or delay in delivery may be occasioned by the negligence of wrongful act of the carrier (whether intentional or not) and the consignor expressly agrees that this contract contains no clause, condition or warranty express or implied, which would make the carrier responsible for any loss, damage, incorrect delivery, non-delivery or delay in the delivery of goods referred to herein. This clause shall not be construed so as to exclude or limit any liability of the carrier to consumers which arises under the Trade Practices Act 1974. To the extent that it may be permitted by the provision of Section 68A of the Trade Practices Act 1974 the liability of the carrier, if any, shall be limited to the supplying again of any services to be supplied by the carrier to the consignor or the payment by the carrier to the consignor of the cost of having such services supplied again. The carrier shall not be liable for any loss of profit, indirect or consequential loss.
- The carrier has a lien on the goods and all associated documents and on any goods in which the consignor may have an interest, which may have come into its possession for any reason. The lien is for all monies owing, or alleged by the carrier to be owing, by the consignor to the carrier.
- Services paid for by credit card will attract a surcharge of 4% for American Express and 1% for Visa or Mastercard. Any account that has not been settled within 45 days of the date of the invoice will attract an administration surcharge for debt recovery of 4.5% applied weekly.
- If the consignor fails on reasonable demand being made to pay charges due to the carrier in respect of any services rendered by the carrier the carrier may detain and/or sell any of the goods of the consignor which are in its possession at any time and whether the charges relate to that contract of carriage or previous contracts and, out of the monies arising from such sale, retain any monies due to the carrier together with all charges and expenses of the detention and/or sale and shall render the surplus (if any) of the monies arising from any sale, and such of the goods as remain unsold, to the party entitled thereto. Any such sale shall not prejudice or affect the right of the carrier to recover from the consignor the balance of any such charges due or payable in respect of such service, or the detention and/or sale.
- The consignor, its servants and agents hereby covenant with the carrier that it will not engage, directly or indirectly, the services of any of the carriers driver either during the life of this contract or within a period of 180 days from the date of termination of this contract unless express written consent is obtained from the carrier. Such consent will not be unreasonably withheld by the carrier. The consignor expressly acknowledges that the carriers drivers have entered into contracts with the carrier which contain restraint of trade covenants to the effect that drivers will not either work for the carriers clients (such as the consignor), or through another carrier, do work for the carriers clients, for a period of 180 days after termination of their contract with the carrier. The consignor acknowledges that the carrier has developed its Confidential Information over many years and has expended money time and resources in recruiting and training and developing its driver fleet. The carrier will further expend money in training its drivers to do work for the consignor. It is accordingly reasonable that the consignor enter into this covenant
- For the purposes of Clause 19
- "any carrier driver" means a driver engaged by the carrier who was doing work for the consignor as at the date of termination of the contract, or has done work for the consignor at any time in the six months prior of termination of the contract.
- "directly or indirectly" means either the consignor hiring the carriers driver directly, or engaging another transport company or person which either has hired the carriers driver, or hires the carriers driver prior to or shortly after commencing work for the consignor to provide the same or similar services to the consignor or otherwise establishing a means by which the carriers driver does the same or similar work for the consignor or a company engaged by the consignor as that driver was doing whilst engaged by the carrier.
- It is agreed that if any provision of this contract is unenforceable such provision is severable and its unenforceability will not effect any other part or provision of this contract.
- Any discounts which have been offered on the attached rates, are contingent upon the Applicant/consignor observing these terms and conditions including but not limited to paying invoices within trading terms. Discounts will be lost if payments are not made within trading terms. Rates provided via the Proposal of Rates and Services form, are subject to amendment from time to time, Allied Express will provide written notice of any amendment or change to the rates. These amended rates will then replace the existing rates no less than 7 days from the date of notice.
- This contract is governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
Additional Information (please see your quotation for further details)
- All accounts with a weekly balance of less than $50.00 will attract an account keeping fee of $9.50.
- Proof of delivery is available on our website. We are willing to provide copies of PODs from time to time, however excessive requests will result in a service charge of $10.00 per PODs. The non provision of a POD is not a valid reason to withhold payment.
- Rates are based upon a cubic conversion rate of 250 kilograms per cubic metre of space. All charges will be based on the greater of the dead weight or cubic weight.
- Pallets are considered packaging for each consignment, and Allied Express does not accept liability for pallets under any circumstance. If pallets are to be returned, this instruction must be given at time of booking, and an additional job will be charged.
- The risk of goods in transit, along with the requirement to arrange suitable insurance, remains your responsibility. An insurance claim is not a valid reason to withhold payment.
- These rates supersede all previous quotations, and are based on the statistical data in relation to frequency, weight, volume and destination that you have provided. If this information alters or is incorrect, we reserve the right to adjust the rates accordingly, and back date them if necessary. Further, where Allied has provided any equipment including despatch management software, printers and the like on a reduced rate or at no charge, then the equipment may be removed or appropriate charges levied from the date of supply.
Additional information for Allied Overnight Express customers (Please see your quotation or AOE miscellaneous charge sheet for further information)
- A minimum pick up fee will apply for prepaid, local overnight, road express and overnight express consignments. If the transport value of the entire pick up exceeds minimum pick up fee, then the does not apply.
- A redelivery charge will apply where an attempt to deliver fails due to receiver being unavailable to sign for delivery.
- Where a specific delivery time is requested for a delivery, a pre-alert charge of will apply.
- In some country and regional areas, onforwarding charges may apply.
- A full listing of all miscellaneous charges accompanies your quote, and is available on request.
- Overnight Express is a time critical consignment which travels by aircraft or (when guaranteed aircraft uplift to meet our delivery standards is not available), by modern safe express vehicles.
- Consignment notes are to be completed clearly and correctly. If no service level is specified, Overnight Express rates will be the default service level applied.
- All uncrated machinery will be charged in line with normal cubic conversion rules, and with a minimum height of 1.5metres.
- In addition, prepaid satchels, stickers or consignment notes:
- are not to be used for dangerous/hazardous goods or valuable items.
- do not have insurance available.
- are valid for six months from purchase, and are non-refundable and non transferable.
- are not to exceed the indicated weight - where this does occur, the item will be charged at negotiated or standard overnight express service rates with the cost of the prepaid item being returned. The cost of the prepaid will then be deducted from this total charge.
- Do not allow multiple prepaid items on the one item or multiple prepaid items to the same destination - where this occurs, the item will be charged at negotiated or standard overnight express service rates with the cost of the prepaid item being returned.
TERMS AND CONDITIONS OF STORAGE
- When used in these conditions the following words shall have the meanings respectively assigned to each of them -
"Allied Express" means Allied Express Transport Pty Ltd and Allied Overnight Express Pty Limited.
"Storer" means and includes the person or entity from whom or on whose account goods have been received by Allied Express and includes all persons who are or may be
from time to time entitled to possession of those goods.
"Person" includes a partnership, firm, company, corporation, government at all levels and government and semi-government bodies and instrumentalities.
- Goods are stored at the Storer's sole risk and Allied Express accepts no responsibility in tort or in contract for the loss of or damage to any goods howsoever
arising and whether or not such loss or damage was occasioned wholly or in part by the negligence or alleged negligence of Allied Express or its servants agents or sub
-contractors or any act omission default neglect, breach of duty or breach of contract by Allied Express its servants agents or sub-contractors. This exemption extends
not only to loss or damage to the goods themselves, but to any loss consequently arising from such loss or damage. The provisions of this Clause shall apply
irrespective of the manner in which, or the time at which, or the reason whereby any such loss or damage may occur and notwithstanding that such loss or damage may be
the fault of Allied Express.
- The Storer warrants:
- that the Storer is the owner of the goods or has authority to deal with them and has full right power and authority to store the goods and to enter into this
- that except where the receipt for the goods is endorsed with the word "hazardous", the goods are non-hazardous as defined from time to time by the Insurance Council
of Australia Limited;
- that the goods are free from, and are not likely to encourage infestation by vermin or pest.
The person from whom or on whose account goods have been received hereby indemnifies Allied Express against all actions suits, claims, proceedings, damages and costs
arising out of or in consequence of a breach of these warranties.
- All charges for storage and other services shall be calculated in accordance with the Allied Express Schedule of Charges from time to time current. All charges for
storage shall accrue from day to day and all charges for other services are deemed to be earned as soon as the service has been performed. All charges shall be payable
from time to time on demand. No accounting procedure of Allied Express shall be deemed to affect this Clause in any way. Charges for storage and other services do not
include insurance which, if required, must be effected by the Storer. Allied Express shall be entitled to charge interest on overdue accounts at the rate of 10% per
- The Storer shall indemnify Allied Express against any duties or other moneys which Allied Express is called upon or obliged to pay in respect of the goods to any
person or body and howsoever arising. Without in any way limiting the generality of this Indemnity, it is to include liability on the part of the Storer to indemnify
Allied Express in respect of any payment it may be called upon or obliged to pay to the Crown, the Collector of Customs or any other statutory body or authority whether
representing the Crown or not, as well as any private body company or person and whether the obligation to pay the said duties or moneys arises by reason of any statute
proclamation, declaration, rule, by-law or other legislative or quasi-legislative act or by reason of liability arising in contract in tort or by reason of the
existence of any lien charge bill or sale mortgage or other hypothecation of the goods or under any hire purchase agreement or by reason of the law relating to
companies, bankruptcy, insolvency or execution or otherwise. The indemnity hereby conferred upon Allied Express shall continue in full force and effect whether or not
the goods are or have been pillaged, stolen, lost, damaged or destroyed and shall not be affected in any way if such pillaging, stealing, loss, damage or destruction
has occurred or been brought about wholly or in part by the negligence or the alleged negligence or any default omission, neglect or default of any such breach of duty
or obligation of Allied Express, its servants or agents.
- Allied Express:
(a)shall have a general lien upon the goods for all debts howsoever or whenever arising and upon any account which are or may be in the future become due by the Storer
to Allied Express;
(b)shall have a general lien in respect of any debt due by the Storer to Allied Express under this agreement upon such other goods as may from time to time be in the
store, in the name of the Storer.
- Allied Express shall not be liable for any loss, injury or damage suffered (and whether by the Storer or not) by failure to deliver or delay in delivery of the
goods or any of them and the Storer will indemnify Allied Express and save it harmless against any and all claims, demands, actions, suits, proceedings and costs made
or brought by any person in respect thereof.
- The goods are stored during the pleasure of Allied Express and shall be removed on the surrender of the relevant Store Warrant and all moneys due to Allied
Express by the Storer being paid upon the expiration of twenty-one (21) days notice in writing to remove and if thought fit, sell all or any of the goods enumerated in
any notice to remove goods given by Allied Express to the Storer.
- Allied Express may at any time without notice and at the Storer's expense, remove and if thought fit, sell all or any of the goods enumerated in any notice to
remove goods given by Allied Express to the Storer pursuant to the preceding sub-clause hereof and which have not been removed and all charges in respect thereof paid
on or before the expiration of the said notice.
- Allied Express shall have liberty to store, warehouse and land the goods in any place, store or warehouse whatsoever and every such dealing with the goods shall be
deemed to be within the scope of these conditions.
- Allied Express may at any time and in its absolute discretion give 28 days notice to the Storer to remove its goods from the warehouse within such further time as
is specified in the notice. If the Storer does not remove the goods, Allied Express may sell the goods according to the provisions of the Warehousemen's Liens Act of
the State of New South Wales and the regulations made thereunder. Allied Express may also without notice and at the Storer's expense remove and if thought fit dispose
of or destroy all or any of the goods which in the opinion of Allied Express shall be or become deteriorated objectionable or unwholesome, a source of danger or
contamination or hazardous, as defined from time to time by the Insurance Council of Australia Ltd of the State or Territory in which this contract is made.
- Allied Express shall be entitled to sell any goods upon which a lien exists either by virtue of these conditions or by virtue of any legislation or regulations
relating to warehousemen's liens.
- In the sale of any goods pursuant to these conditions, Allied Express shall as near as may be comply with those provisions of any legislation or regulations
relating to warehousemen's liens, as regulate the sale of goods by a warehouseman. If there is no legislation or regulations relating to warehousemen's liens in the
State or Territory in which this contract is made, then Allied Express shall comply as near as may be with the Warehousemen's Liens Act of the State of New South Wales
and the regulations made thereunder.
- In the event of a Store Warrant being issued by Allied Express in respect of the goods, Allied Express shall not be bound to deliver such goods except upon
production of the Store Warrant. Allied Express may dispense with production of the Store Warrant upon the Storer furnishing such evidence as to the ownership of the
goods and the loss of the Store Warrant as Allied Express may require and upon the Storer entering into or producing such bond guarantee or other security as Allied
Express may require. Allied Express shall not be required to deliver the goods to any person other than the Storer, or a person authorized in writing by the Storer to
receive the goods.
- Any notice to be given by Allied Express to the Storer shall be sufficiently given if sent by prepaid ordinary mail enclosed in an envelope addressed to the Storer
at his last known address. Any notice posted pursuant to the provisions hereof shall be deemed to be delivered the day after the date of postage.
- These conditions apply to any contract between Allied Express and any Storer and shall not be varied abrogated or suspended by reference to any prior or other
agreement representation or stipulation whether verbal, written or implied, unless the said variation, abrogation or suspension is in writing and signed on behalf of
Allied Express by a person authorised in that behalf.
- These conditions supersede all previous storage conditions published or issued by Allied Express and other terms inconsistent herewith which may previously have
been agreed to between Allied Express and the Storer or which may have formed part of any offer counter offer or instruction from the Storer. Notwithstanding anything
herein contained, Allied Express shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that
the said Act is applicable to this Contract and prevents the exclusion, restriction or modification of any such warranty, in particular, if the Storer is a consumer for
the purposes of the Act. Allied Express shall for all purposes be responsible to re-perform the service or pay for the services to be re-performed where Allied Express
is responsible to do so. Subject always to the provisions of 'Dangerous Goods (Road Transport) Regulations 1983' and any amendments.
- Allied Express shall be entitled to subcontract any part of the warehousing in its absolute discretion. It shall be entitled to
move the goods between warehouses under its control from time to time.
- In the event that the Storer requires the goods to be transported, and requests Allied Express to carry out the
transportation, it shall be done on Allied Express's standard terms and conditions prevailing at the time of the request.