Terms and Conditions of Carriage and Storage
CONDITIONS OF CARRIAGE
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IMPORTANT NOTICE Please read all the following conditions carefully and in their entirety. You will be bound by these conditions if we carry or store goods for you. Please note that:
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1. DEFINITIONS AND INTERPRETATION
1.1 In these conditions:
Australian Port means an Australian seaport operation where shipping containers are delivered for shipping to other ports and discharged from ships for pickup by domestic freight carriers.
Authority includes any legal or administrative authority exercising any jurisdiction within an Australian state or territory.
Business Day means a day other than a Saturday, Sunday or public holiday in the state in which the relevant Carriage is to be provided.
Carriage means the whole of the operations and services undertaken by CRL or any person on behalf of CRL in respect of the Goods (whether gratuitously or not), including transporting, cleaning/washing and fumigation services, quarantine services, loading, unloading, packing, handling, unpacking and Storage of the Goods, towing a trailer and the provision of any advice.
Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state, the Road Traffic (Administration) Act 2008 (WA) and the Road Traffic (Vehicles) Act 2012 (WA) and any other Commonwealth, state or territory Law dealing with the obligations of parties involved in the transport of goods by road.
Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; wasted expenditure; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; liquidated damages; punitive or exemplary damages; in each case arising from or in connection with the performance of the Carriage and whether or not foreseeable at the time of entering into any agreement incorporating these conditions.
Consignment means the consignment of Goods at any one time from the Consignor in a single load from one address in Australia to another address in Australia.
Consignor means the person whose details are set out in the table that appears at the end of this document.
Container includes any container, trailer, wagon, transportable tank, pallet, flat rack or any other unit or device used to consolidate Goods.
Crane includes any machine used for lifting Goods, including a forklift and a sideloader.
CRL means CRL Express Pty Ltd (ABN 84 624 958 532) trading under its own name or under any other business name.
Damage means physical damage and includes deterioration, evaporation and contamination.
Dangerous Goods means Goods that are or may become noxious, volatile, dangerous, explosive, flammable or damaging or that may harbour or encourage vermin or other pests, or that are or may become liable to harm any property whatsoever and includes any oxidising or incendiary device.
Excluded Goods means cigarettes, tobacco and tobacco products; cash, securities and negotiable instruments; bullion, gold and other precious metals, precious stones, precious gemstones, precious jewellery and works of art; antiques; refrigerated or perishable goods; human tissue or blood; bicycles (unless they have been crated or boxed); solar panels (unless they have been crated or boxed); animals and livestock; live plants, flowers or trees; white goods that are not in their original packaging; regulated waste; and musical instruments.
Force Majeure Event means any event beyond the reasonable control of CRL including acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, explosions, nuclear accidents, strikes, labour disputes and other industrial disturbances, any road closure or congestion of roads, any quarantine or customs restriction, epidemic or pandemic, cyber warfare, cyberattacks, ransomware attacks, cyber sabotage, any interruption of power supply or scarcity of fuel or any accident, collision or breakdown of a vehicle, Crane, machinery or equipment.
Goods means the property accepted by CRL from, or at the request of, the Consignor for Carriage and includes any Container or packaging supplied by or on behalf of the Consignor.
Interest means an amount calculated on any Outstanding Amount at the rate equal to the Reserve Bank Cash Rate Target as the date of the invoice plus 5 percentage points, compounded annually.
Landed Cost means the cost of the Goods as invoiced to the Consignor, and excludes any profit margin.
Law means applicable statutes and any associated regulations, proclamations, rules, bylaws, requirements and approvals.
Outstanding Amount means any amount which remains unpaid upon the expiry of the credit terms extended by CRL or for which the Consignor is otherwise liable, pursuant to these conditions, to CRL.
PPSA means the Personal Property Securities Act 2009 (Cth).
Store or Storage means receiving Goods into a storage location including confirmation of quantities and batch numbers, storing Goods and handling inbound and outbound Goods at the storage location.
Subcontractor includes any person who pursuant to a contract or arrangement with any other person (whether or not CRL) performs or agrees to perform the Carriage or any part of it.
1.2 In these conditions:
(a) a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
(b) headings are included for convenience only and do not affect the interpretation of these conditions;
(c) words importing the singular include the plural and vice versa and words importing a gender include other genders;
(d) where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) wherever ‘include’ or any form of that word is used, it will be construed as if it were followed by ‘(without being limited to)’; and
(f) all indemnities survive the termination or expiration of any agreement incorporating these conditions.
2. NEGATION OF LIABILITY AS A COMMON CARRIER
CRL is not a common carrier and will accept no liability as such. All Goods are carried and all Carriage is performed by CRL subject only to these conditions and CRL reserves the right to refuse the Carriage of goods for any person and the Carriage of any class of goods at its discretion.
3. CRL’S OBLIGATIONS
3.1 CRL will:
(a) take reasonable care to protect and safeguard the Goods and to follow any special handling requirements notified to CRL by the Consignor;
(b) provide the Carriage exercising the degree of skill, care and efficiency that would be expected from a competent provider of services of Carriage;
(c) at its own expense, hold all licences as may be required by Law in connection with the Carriage;
(d) use reasonable endeavours to deliver the Goods to the address nominated by the Consignor and to effect delivery at the date and time requested by the Consignor (subject to compliance with all Law, including Chain of Responsibility Law);
(e) to the extent that CRL Stores the Goods, account for all Goods received and use modes of Storage appropriate to the nature of the Goods; and
(f) use reasonable endeavours to comply with the Consignor’s reasonable and lawful directions.
3.2 CRL does not warrant or guarantee particular collection or delivery times for Goods.
3.3 Pallets remain the responsibility of the Consignor and will not be exchanged unless prior written arrangements have been made with CRL in accordance with CRL’s pallet policy, which can be provided on request.
3.4 To the extent permitted by law, all conditions, guarantees, terms and warranties which would otherwise be imposed or implied into these conditions are excluded. Without limitation, this exclusion applies to any conditions, guarantees, terms or warranties of merchantability or of satisfactory quality applying to the Carriage.
4. CONSIGNOR’S WARRANTIES, OBLIGATIONS AND INDEMNITIES
4.1 The Consignor must:
(a) ensure that the loading of the Goods onto CRL’s vehicle will not cause the vehicle to exceed any dimension or mass limits under Chain of Responsibility Law;
(b) where the Goods are Dangerous Goods, provide written notice to CRL and otherwise comply with clause 17;
(c) where the Goods require special treatment or handling, provide written notice to CRL of the special treatment required; and
(d) provide all documents, information and assistance necessary to allow CRL to comply with Law or the requirements of any Authority.
4.2 The Consignor warrants that:
(a) the Goods are fit for Carriage and are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature;
(b) it is authorised by all persons owning or having any interest in the Goods to accept these conditions on their behalf;
(c) the Goods do not include or contain any Excluded Goods (which CRL does not agree to carry);
(d) all details supplied by the Consignor or any other party with respect to the Goods, including the details of description, items, pallet space, quantity, weight, volume, quality, value and measurements, are correct;
(e) there is a suitable and safe road and approach for CRL and CRL’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered;
(f) safe and adequate loading facilities and equipment will be available at any place from which any Goods are to be collected and to which any Goods are to be delivered;
(g) unless the Consignor advises CRL in writing prior to CRL agreeing to provide Carriage:
(i) the Carriage is supplied for, or in relation to, the purposes of a business, trade, profession or occupation carried on or engaged in by the Consignor; and
(ii) the consignee of the Goods carries on, or is engaged in, a business, trade, profession or occupation in relation to the Goods; and
(h) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods.
4.3 Where CRL:
(a) is advised in writing by the Consignor prior to agreeing to provide Carriage that:
(i) the Carriage is not supplied for, or in relation to, the purposes of a business, trade, profession or occupation carried on or engaged in by the Consignor; or
(ii) the consignee of the Goods does not carry on, or is not engaged in, a business, trade, profession or occupation in relation to the Goods, and
(b) agrees to perform Carriage notwithstanding the Consignor’s disclosure under clause 4.2(g),
the Consignor warrants that the total value of the Goods in any one Consignment does not exceed $1,000.
4.4 CRL relies on the details of description, items, pallet space, quantity, weight, quality, value and measurements supplied by the Consignor but does not admit their accuracy.
4.5 The Consignor will indemnify CRL in respect of all losses, damages, expenses, claims, actions and proceedings or any other liability suffered or incurred by, or made or instituted against CRL arising from:
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the breach of a warranty given by the Consignor in clause 2(b), 4.2(c), 4.2(g) or 4.2(h); and
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any incorrect or wrongful declaration made by the Consignor as to:
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the purpose for which the Consignor requires the Carriage;
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the proposed use of the Goods by the consignee; or
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the value of the Goods in a Consignment.
5. SHIPPING CONTAINERS
5.1 If Goods are being transported by CRL from an Australian Port, the Consignor must provide CRL with prompt, written notice of:
(a) the estimated arrival time of the vessel carrying the Goods (the Vessel); and
(b) any other event that may affect the time at which CRL can collect any shipping container, including AQIS decisions, border holds and fumigation issues.
5.2 CRL requires a minimum of two Business Days from receipt of written notice of the Goods on any Vessel becoming available for collection, to collect the Goods.
5.3 If Goods are being transported by CRL to an Australian Port, the Consignor must:
(a) ensure that any shipping Containers to be used are:
(i) within the contractual free time period; and
(ii) delivered, packed and made available to CRL a minimum of two Business Days prior to the notified shipping line cut-off date; and
(b) provide CRL with a minimum of two Business Days’ notice in writing of the required pickup and delivery times.
6. SUBCONTRACTING
6.1 CRL, at its discretion, may subcontract on any terms the whole or any part of the Carriage.
6.2 If CRL subcontracts any Carriage, to the extent permitted by Law, CRL:
(a) will not be relieved of any of its liabilities or obligations under any agreement incorporating these conditions; and
(b) will be liable to the Consignor for any act or omission of the Subcontractor that causes loss of, Damage to, delay in delivery or non-delivery of the Goods, as if such act or omission were the act or omission of CRL.
6.3 Every exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, defence and immunity applicable to CRL or to which CRL is entitled under these conditions will also be available to and will extend to protect:
(a) all Subcontractors;
(b) every employee or agent of CRL or of a Subcontractor; and
(c) all persons who are or are found to be vicariously liable for the acts or omissions of any person falling within clauses 6.3(a) or 6.3(b).
6.4 For the purposes of clause 6.3, CRL is or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and all such persons will to this extent be, or be deemed to be, parties to any agreement incorporating these conditions.
7. LIABILITY OF CRL
7.1 To the extent permitted by Law, CRL will not, under any circumstances, be liable (whether in contract, tort, bailment or otherwise), for any:
(a) loss of the Goods;
(b) Damage to the Goods; or
(c) misdelivery, delay in delivery or non-delivery of the Goods,
whether in the course of Carriage or otherwise, unless the loss, Damage, misdelivery, delay in delivery or non-delivery was caused by the proven negligence or wilful misconduct of CRL.
7.2 Any liability of CRL under clause 7.1 will be reduced proportionately to represent the extent to which the Consignor or any other person’s negligent or wrongful acts or omissions caused the loss, Damage, misdelivery, delay in delivery or non-delivery of the Goods.
7.3 Notwithstanding any other provision of these conditions, to the extent permitted by Law, CRL will not be liable for any loss of or Damage to Goods:
(a) caused by a Force Majeure Event;
(b) which consist of Excluded Goods;
(c) caused by CRL following the Consignor’s instructions;
(d) caused by the Goods becoming infected or contaminated with any virus, bacteria, fungi, pathogen, disease, mould, vermin or like condition;
(e) caused by vibration, road conditions, weather or weather events of any kind whatsoever, including stone, rain, hail or storm Damage;
(f) caused by the Goods being inherently defective or in such a condition that the Carriage cannot be performed without Damage;
(g) caused by a decline in value, or loss of value as a result of the Goods becoming past their ‘use by’ or expiry date;
(h) where such loss only becomes apparent as the result of a stock count or stocktake;
(i) where such loss or damage comprises mechanical, electrical or electronic breakdown, derangement, or malfunction of the Goods;
(j) caused by the inherent vice or the nature of the Goods; or
(k) caused by insufficiency or unsuitability of packing or preparation of the Goods to withstand the ordinary incidents of Carriage.
7.4 Notwithstanding any other provision of these conditions, to the extent permitted by Law, CRL will not be liable, under any circumstances, for Consequential Loss.
7.5 Notwithstanding any other provision of these conditions, to the extent permitted by Law, CRL’s liability arising from any:
(a) loss of Goods or Damage to Goods; or
(b) misdelivery, delay in delivery or non-delivery of Goods,
during the provision of Carriage (excluding Storage, which is dealt with in clause 7.6) is limited to the sum of $2,000 for each incident.
7.6 Notwithstanding any other provision of these conditions, to the extent permitted by Law, CRL’s liability arising from any:
(a) loss of Goods or Damage to Goods; or
(b) misdelivery, delay in delivery or non-delivery of Goods,
during the provision of Storage is limited to the sum of $500 for each incident.
7.7 In determining the value of any lost or Damaged Goods, the parties agree that only the Landed Cost of the Goods will be considered.
7.8 If CRL is liable to pay compensation, pursuant to clause 7.1, the Consignor will not be liable to pay CRL’s freight charges (excluding Storage charges) in respect of any lost or Damaged Goods, calculated on a pro rata basis having regard to CRL’s charges for that Consignment.
7.9 For the purposes of this clause, ‘incident’ means any event which results in loss of or Damage to Goods or misdelivery, delay in delivery or non-delivery of Goods and all claims that result from the one original cause will be considered to have arisen from the same incident.
7.10 The limitations of liability set out in clause 7.5 and clause 7.6 do not apply to the extent that any loss of or Damage to Goods is caused by CRL engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
8. ROUTE AND DEVIATION
8.1 The Consignor authorises any deviation from the usual route or manner of Carriage of Goods that may, in the opinion of CRL, acting reasonably, be considered desirable or necessary in the circumstances.
8.2 If the Consignor expressly or impliedly instructs CRL to use, or it is expressly or impliedly agreed that CRL will use a particular method of handling or storing the Goods, or a particular method of Carriage, CRL will give priority to that method but if it cannot conveniently be adopted by CRL, the Consignor authorises CRL, acting reasonably, to handle, Store or carry or to have the Goods handled, Stored or carried by another method or methods.
9. INSPECTION
9.1 CRL:
(a) is not obliged to carry out any inspection of the Goods; and
(b) may inspect the Goods (including opening any Container) to determine the nature or condition of the Goods or for any other purpose which CRL considers reasonably necessary.
9.2 Where Goods are to be transported by air, CRL reserves the right to inspect the packaging and contents of all Goods (which may include security screening by Explosive Trace Detection, X-Ray or physical search).
9.3 If, under Law, a Container must be opened to allow the Goods to be inspected, CRL will not be liable for any loss, Damage or delay incurred as a result of any opening, unpacking, inspection or repacking and the Consignor agrees to pay CRL’s charge for the cost of any such opening, unpacking, inspection or repacking.
9.4 If the Consignor makes a claim that Goods have been Damaged or destroyed while in the custody of CRL, the Consignor must, on request, permit CRL to inspect those Goods.
10. DELIVERY
10.1 CRL is authorised to deliver the Goods at the address nominated to CRL for that purpose. CRL will be deemed to have delivered the Goods if, at that address, it obtains from any person a receipt or signed delivery docket for the Goods.
10.2 If, without advance notice to CRL, the nominated place of delivery is unattended or if delivery cannot otherwise be effected by CRL or the consignee otherwise fails to take delivery of the Goods, CRL must attempt to contact the Consignor to obtain alternative instructions for delivery. CRL may make an additional charge for following the alternative instructions.
10.3 If CRL is unable to obtain alternative instructions that CRL can reasonably and practicably carry out, CRL may, at its option:
(a) deposit the Goods at the nominated place of delivery (which will be conclusively presumed to be due delivery under these conditions); or
(b) Store the Goods.
10.4 If the Goods are Stored by CRL pursuant to clause 10.3:
(a) the Consignor will pay or indemnify CRL for all costs and expenses incurred with respect to such Storage; and
(b) CRL may, at any time, redeliver the Goods to the Consignor at the Consignor’s expense.
11. CRANE SERVICES
11.1 Where CRL provides Crane services, the Consignor warrants that:
(a) the road surfaces, access and egress to the site and the site itself are stable, adequate to support the Crane, clear of obstacles and of a gradient to allow the Crane to be operated safely;
(b) sufficient clearance will be afforded in respect of all overhead wires; and
(c) the specifications and size of the Crane are suitable for the site.
11.2 CRL will supply a standard selection of slings, lugs and chains but accepts no responsibility for loss or delay if any slings, lugs or chains are found to be unsuitable for the Consignor’s purpose.
12. STORAGE
12.1 Where Goods are Stored by CRL at the request of the Consignor, the Consignor will provide:
(a) an address to which notices will be sent;
(b) samples of the signatures of persons entitled to collect the Goods; and
(c) an inventory of the Goods to be Stored.
12.2 CRL may remove the Goods from a place of Storage to another place of Storage in the same city at its discretion and will provide notice to the Consignor of any such removal.
12.3 Storage charges do not include removing, packing, unpacking, inspecting, stowing, restoring or delivering.
12.4 The Consignor must give 48 hours’ notice to CRL of its intention to remove Goods from Storage.
12.5 CRL will not be obliged to allow an inspection of the Goods or to deliver up any Goods in Storage:
(a) to any person other than the Consignor or a person authorised in writing by the Consignor; or
(b) in circumstances where any amount is due by the Consignor to CRL on any account whatsoever.
12.6 The Consignor will remove its Goods from Storage within seven days of receipt of written notice from CRL.
13. INSURANCE
If CRL Stores Goods pursuant to clause 12, the Consignor must:
(a) effect and maintain an insurance policy in its own name that covers loss of or Damage to the Goods whilst CRL is storing those Goods with that insurance policy to include a waiver of subrogation with respect to CRL; and
(b) provide a certificate of currency in respect of the policy referred to in clause 13(a), within seven days of receiving a request from CRL.
14. default
and consequences of default
Without prejudice to any other remedies CRL may have, if at any time the Consignor is in material breach of any obligation under any agreement incorporating these conditions (including those relating to payment), CRL may suspend or terminate the supply of some or all Carriage to the Consignor.
15. LIEN
15.1 In addition to any other rights of CRL under Law, the Goods are accepted subject to a general lien for all charges due or that may become due to CRL by the Consignor on any account whatsoever, whether in respect of the Goods or in respect of any other goods for which CRL provides or has provided services of Carriage.
15.2 Without prejudice to any other rights CRL may have under Law, if charges remain unpaid for more than fourteen (14) days after they become due, or the Goods are not collected when required or designated, CRL may:
(a) remove all or any of the Goods and Store them as CRL, acting reasonably, thinks fit at the Consignor’s risk and expense; or
(b) without notice and immediately in the case of perishable Goods, or otherwise on the provision of fourteen (14) days’ notice, open and sell all or any of the Goods as CRL thinks fit (whether by private treaty or public auction, including auction on an internet based platform) and apply the proceeds to discharge the lien and costs of sale and pay any balance to the Consignor.
15.3 The parties agree that the lien arising under these conditions:
(a) attaches to the Goods when the Goods are accepted by CRL for Carriage; and
(b) is a security interest.
15.4 On request by CRL, the Consignor must promptly do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions is enforceable, perfected (including perfection by registration), maintained and is otherwise effective.
15.5 The parties agree that, to the extent permitted by the PPSA:
(a) sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise notified in writing by CRL); and
(b) any right to receive a notice, statement or verification statement under sections 129, 130, 132, 134,135 or 157 of the PPSA is waived.
15.6 Terms used in this clause have the same meaning as under the PPSA.
16. CRL’S CHARGES
16.1 The Consignor agrees to pay all sums due to CRL without any deduction, counterclaim or set-off.
16.2 Services will be provided at the rates set out in the CRL Express Rates and Terms current at the time the services are provided.
16.3 CRL’s charges are due within the credit terms agreed in writing between the Consignor and CRL. If CRL has not agreed to any credit terms, the charges are payable on delivery of the Goods. If the Consignor defaults in making any payment in accordance with these conditions, then all amounts owed to CRL will immediately become due and payable.
16.4 CRL may withdraw or vary the terms of the Consignor’s credit facilities at any time without notice to the Consignor or any guarantor of the Consignor.
16.5 In addition to any other charges contemplated under these conditions, the Consignor is liable to pay:
(a) Interest on any Outstanding Amount;
(b) all Storage charges and any costs associated with loading or unloading Goods;
(c) any fuel levy imposed, which may be adjusted by CRL at any time on reasonable grounds to reflect fuel price movements. The fuel levy will usually be calculated at the end of each calendar month, and notified to the Consignor by email;
(d) any surcharges, as outlined in the Key Information Pack provided to the Consignor;
(e) any additional costs arising from heavy or over-dimensional transport including costs associated with permits, escorts, equipment, bridge/road works and detours and fees imposed by any Authority; and
(f) all charges under Law including customs charges and excises in relation to the Carriage.
16.6 CRL is entitled to retain and be paid all brokerages, commissions allowances and other remunerations customarily retained by or paid to shipping and forwarding agents and insurance brokers whether declared or otherwise and no such brokerage, commission or allowance or other remuneration will be payable or allowable to the Consignor.
16.7 All rates are exclusive of GST, unless otherwise indicated and GST is payable in addition. The additional amount is payable at the same time and in the same manner as the first part of the consideration for supply to which the additional amount relates.
16.8 CRL may charge the Consignor, in accordance with its schedule of rates, in respect of any delay occurring other than from the default of CRL. Such permissible delay period will commence upon CRL reporting for loading or unloading. Labour to load or unload is the responsibility and expense of the Consignor or consignee.
16.9 If the Consignor instructs CRL that CRL’s charges will be paid by the consignee or any other third party and the consignee or third party does not pay CRL’s charges within seven days of the date of delivery or attempted delivery of the Goods, the Consignor must pay such charges.
16.10 Where CRL Stores Goods for the Consignor, the Consignor must:
(a) pay CRL’s expenses and charges to comply with any Law including any customs, excise or warehouse charges;
(b) supply or pay for labour or machinery, or both, to load or unload the Goods; and
(c) if the Goods are at any time re-quantified, re-weighed or re-measured, pay any proportional additional charges.
16.11 If the Consignor instructs CRL that it proposes to remove all, or the majority of its Goods from Storage with CRL, CRL may:
(a) immediately revoke any credit terms offered to the Consignor;
(b) demand immediate payment of all sums then owed to CRL; and
(c) require the Consignor to pay, in advance, CRL’s charges to release the Goods from Storage, or where those charges cannot be precisely calculated, to pay in advance a sum representing a reasonable estimate of those charges.
16.12 If CRL is paid an estimate of charges pursuant to clause 16.11(c), CRL will promptly refund any amount that exceeds the charges for releasing the Goods from Storage.
17. DANGEROUS GOODS
17.1 If CRL agrees to accept Dangerous Goods for Carriage:
(a) such Goods must be accompanied by a written declaration disclosing the nature of such Goods; and
(b) the Consignor must comply with all Law that deals with the Carriage of Dangerous Goods, including the Australian Code for the Transport of Dangerous Goods by Road & Rail.
17.2 If, in the opinion of CRL, acting reasonably, the Goods are or are liable to become of a dangerous or flammable or damaging nature and pose a threat of property damage or personal injury, the Goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Consignor and without prejudice to CRL’s right to charge for the Carriage of the Goods.
18. FORCE MAJEURE
18.1 CRL will not be liable for any failure or delay in performance of the Carriage to the extent that such failure or delay is due to a Force Majeure Event affecting CRL.
18.2 If a Force Majeure Event causes the delay or non-performance of CRL’s obligations for 30 days or more, either party may, by notice in writing, immediately terminate any agreement incorporating these conditions.
19. NOTIFICATION OF CLAIM
19.1 Notwithstanding any other provision of these conditions (other than clause 20), to the extent permitted by Law, CRL will be discharged from all liability whatsoever in respect of the Goods unless written notice of a claim or an intended claim (together with particulars of the circumstances on which the claim is based) is given to CRL:
(a) in the case of Goods allegedly lost or Damaged in the course of loading, unloading or transit, within 14 days from the delivery of the Goods or from the date on which in the ordinary course of business, delivery would have been effected; or
(b) in the case of Goods allegedly lost or Damaged during Storage, within 14 days of the date of removal or attempted removal of the Goods from Storage.
19.2 The Consignor acknowledges that the purpose of clause 19.1 is to allow CRL an opportunity to promptly investigate the cause of any loss or Damage. Clause 19.1 will not apply if the Consignor has a reasonable excuse for its failure to give written notice as required by that clause (having regard to the extent of any delay in giving that notice).
20. APPLICABLE LEGISLATION
20.1 Notwithstanding anything contained in these conditions, CRL will continue to be subject to any terms, conditions, guarantees or warranties imposed or implied by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth or state legislation but only in so far as such legislation applies and prevents the exclusion or modification of any such term, condition, guarantee or warranty.
20.2 CRL, the Consignor and consignee must comply with all Law, including Chain of Responsibility Law.
20.3 The Consignor must not impose any requirement on CRL that would directly or indirectly encourage or require CRL or any person on behalf of CRL to speed, drive while fatigued or otherwise perform the Carriage in an unsafe manner or in breach of Law.
21. ENTIRE AGREEMENT
21.1 The entire agreement between the parties is contained in these conditions and there are no other understandings, representations or agreements between the parties that are not set out in these conditions.
21.2 The Consignor acknowledges and agrees that these conditions set out the sole basis upon which CRL will provide Carriage to the Consignor. The supply or provision by the Consignor of any document setting out other, or alternative, terms will be of no legal effect and will not constitute a variation of these conditions or amount to a new contract or be part of these conditions.
21.3 CRL will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of CRL by an authorised officer of CRL.
22. GENERAL
22.1 This agreement will be construed in accordance with the law in force in New South Wales and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.
22.2 The failure of a party to take action to enforce its rights under any agreement incorporating these conditions or the granting of any time or indulgence will not be construed as a waiver of the provision nor as a waiver of the right of the party at a later time to enforce its rights under any agreement incorporating these conditions.
22.3 Where the Consignor comprises two or more persons, an agreement or obligation to be performed or observed by the Consignor binds those persons jointly and severally.
22.4 If any provision of these conditions is invalid, illegal or unenforceable, that provision will, to the extent that it is invalid, illegal or unenforceable, be treated as severed from this agreement, without affecting the validity and enforceability of the remaining provisions
