0412 487 117
0412 487 117

Terms and conditions

CONDITIONS OF CARRIAGE OF GOODS

Definitions

In this document the following definitions apply

Agreement means the contract of carriage of the Goods incorporating these terms and conditions

Carrier means Bordin and Bucley Holdings PTY LTD its employees, servants, agents and subcontractors.

Consignor  means any person to whom the Carrier delivers or is intending to deliver the Goods.

Consignee means any person to whom the Carrier delivers or is intending to deliver the Goods.

Customer means the person requesting the Carrier to provide the Services and making payment to the Carrier.

Goods means any goods, substance or thing delivered or tendered to the Carrier for carriage and/or storage under this Agreement and includes and container, pallet or packaging which the goods arfe in or on

Services means the service to be provided by the Carrier or its Subcontractor, to the customer pursuant to this Agreement.

Subcontractor means any person (including a person operating a railway) the Carrier uses to perform all or part of the Services instead of the Carrier, and any person who is an employee, servant, agent or subcontractor of such person.

A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, wether or not it comprises a separate legal entity.

TERMS AND CONDITIONS

  1. All goods are carried, and all storage and other services are performed by the Carrier subject only to these terms and conditions. These conditions continue to apply despite any breach by the Carrier or by a Subcontractor, even if the breach is of a fundamental term.
  2. The Carrier is not a common carrier and will accept no liability as such.
  3. The Carrier reserves the right to refuse to carry or deal with any goods or class of goods for any person at its discression.
  4. The Customer warrants that, when the customer gives, or arranges for another person to give, the Carrier or a Subcontractor Goods for carriage, the Customer is acting as Agent for each person who has an interest in the goods. Each of them is a party to the Agreement and is bound by these conditions in the same way as the Customer.
  5. The carrier is entitled to depart from instructions given to it by the Customer (including deviating from the usual route or changing the place of storage or mode of carriage) at the Carrier’s discretion.
  6. The customer hearby authorises the Carrier, if the Carrier should think fit to do so, to use a Subcontractor to perform all or part of the Services instead of the Carrier.
    • The carrier enters into this Agreement as Agent or trustee for any Subcontractor used. Each of them is a party to each Agreement the Carrier enters into with the Customer.
  7. The Carrier delivers the Goods when it leaves them at the place the Customer nominates. If no one is there, the Carrier may choose wether the leave the Goods there, store them, or return them to the Customer. If the Carrier decides to store the Goods, or return them to the Customer, the Customer must pay the Carriers reasonable charges. If the Customer asks the Carrier to on forward Goods, the Carrier delivers them when it gives them to the onforwarding agent.
  8. Any storage of Goods by the Carrier or arranged by the Carrier shall be as agent of the Customer and shall be solely at the Customer’s risk.
  9. A receipt from the person at destination is proof of delivery.
  10. The Customer hereby warrants that the Goods are properly packaged, labelled, unitised, scheduled and identified to the Carrier and without limiting the foregoing warrants that:

10.1.The Goods are specifically declared and fully described in the space provided on the consignment note;

10.2. Except as specifically declared and fully described in the space provided on the consignment note, the Goods do not include:

10.2.(a) Goods which are liquid, explosive, inflammable, radioactive, corrosive, poisonous, infectious, or otherwise of a dangerous, hazardous or noxious nature which are capable of causing damage or injury to any person, property, animal, store, vessel, vehicle, aircraft or other conveyance in which or with such Goods may be loaded, carried, packed or stored;

10.2.(b) Goods the carriage or stored of which would be illegal or prohibited by any law or regulation relating to the nature, condition, packaging or labelling of such Goods; or

10.2.(c)Goods of a kind which are subject to special rates of carriage;

10.3. It has complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the Goods and the Goods are packed in a manner adequate to withstand the ordinary risks of storage and/or carriage having regard to their nature;

10.4 It has disclosed in writing to the Carrier prior to this Agreement any matter relating to the nature of the Goods or any particular care and attention which should be applied to the Goods and which could affect the likelihood of them being damaged or causing loss, damage or injury to any persons or property.

11.the Carrier is entitled to open anything in which the Goods are placed or carried in order to inspect  them to find out their nature, condition or destination, or who owns them. The carrier shall not be liable for any loss or damage to the Goods caused by or arising directly or indirectly as a result of such opening and inspection.

12. Subject to clause 27, the Carrier reserves the right to unpack any unitised freight and shall not be liable for loss or damage to the Goods caused by or arising directly or indirectly as a result of such unpacking.

13. If the Carrier thinks that the Goods are or may become dangerous or offensive, it may do anything it believes appropriate to avoid or minimise any loss, damage or offence. This includes destroying the Goods. This does not affect any other rights the Carrier may have.

14. The Customer must comply with all legal requirements, and any requirements, and any requirements of the person to whom we deliver the goods, in relation to the goods,  including requirements relating to their shape, packaging, labelling and transportation.

15. The customer is liable for any loss or damage to the Goods caused directly or indirectly by their packaging.

16. At the end of the carriage, the Customer must make sure that the Customer returns to their owners any containers, pallets or packaging which is delivered to the Carrier with the Goods.

17. The Customer must pay the Carrier’s charges for its Services. The Carrier’s charges shall be considered earned as soon as the Goods are received by the Carrier for carriage and/or storage and under no circumstances, subject to clause 27, will any charges paid to the Carrier be refunded.

18. The Customer can arrange for someone else to pay the Carrier’s charges. However, the Customer remains liable to the Carrier. If the customer is not told that the payment is required when the goods are received by the Carrier, the Customer must pay within 7 days after that day. The Customer must pay the Carrier whatever happens to the goods – even if they are lost, damaged or destroyed.

19. Charges not paid by the due date shall be subject to a charge of 15% P.A. commencing from the due date of the charges until the charges are paid in full.

20. In the case of Goods of a kind referred to in clauses 10.2 or 10.4 the customer shall pay any additional freight charges in respect of such Goods as may be deemed necessary by the Carrier.

21. The Carrier may charge by weight, measurement or value and may ay any time reweigh, remeasure,or revalue the Goods or require that the Goods be reweighed, remeasured or revalued and in the event of there being an increase in the weight, value or measurement of any of the Goods, then the Carrier may claim an additional charge.

21.1. Proportional to the increase disclosed; and

21.2. On account of any penalty incurred by it as a result of the incorrect weight, measurement or value.

22. The Customer must pay the Carrier and additional reasonable charge in each of the following cases:

22.1. The Carrier or Subcontractor has to perform Services, or reasonably perform Services, in addition to the Services quoted for.

22.2. The carriage is delayed for a reason that is not the fault of the Carrier or of the relevant Subcontractor.

23. The Customer must also pay for the Carrier for any amount it has to pay, or a relevant Subcontractor has to pay, in relation to the Goods or their carriage. This excludes a payment for subcontracting the carriage.

24. Any claims for overcharges, other than mathematical error apparent on the face on any invoice, are waived by the Customer unless the claim is made in writing within 21 of the date of the relevant invoice.

25. Insurance cover is not included in the Carrier’s charges and will not be arranged by the Carrier.

26. When the goods are accepted for carriage by the Carrier, the Carrier has a lein over the Goods and any related documents, and over any other Goods and related documents of the Customer’s in the Carriers possession, as security for payment of any money the Customer owes the Carrier or will owe the Carrier wether in respect of the Goods or in respect of any other goodsfor which the Carrier provides or has provided services of carriage. Without prejudice to any other rights the Carrier may have under the legislation, the carrier may remove all or any of the Goods and store them as the Carrier thinks fit at the Customers risk and expense and/or the Carrier may sell the Goods or documents without giving the Customer notice. If the Carrier does so it is entitled to offset the amount it receives against the money the Customer owes to the Carrier.

26.1 The Customer agrees that the Lein arising under these conditions is a security interest;

26.2 if the Carrier requests, then the Customer must promptly upon receipt of a request from the Carrier do anything for the purposes of ensuring that a security interest created under, or provided for by, these conditions is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the Customer to be done under this clause will be done  by the Customer at its own expense. The customer agrees to reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in connection with this clause.

26.3 The parties agree to the extent permitted by the Personal Property Securities Act 2009 (Cth) (PPSA):

26.3.1. Sections 125, 142 and 143 of the PPSA do not apply (unless the Customer is otherwise notified in writing by the Carrier);

26.3.2. Any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and

26.3.3. Any right ro receive a copy or any notice of any verification statement confirming registration of a financing statement of a financing change statement relating to any security interest under or provided for by these conditions is waived.

27. When the carrier performs services, to the extent permitted by law:

27.1. Its liability is completely excluded; and

27.2. Any action must be commenced within 6 months after the date the goods were delivered or should have been delivered.

28. Notwithstanding clause 27. When the Carrier performs Services for the purpose of a business, trade, profession or occupation carried on or engaged in by the Customer, it does so entirely at the Customers risk.

28.1. No matter what the clause may be, The Carrier is not liable under any circumstances for the delay in delivery of the Goods, mis delivery of them, or a total failure to deliver them or for loss of the Goods or damage to them or deterioration of them.

28.2 The Carrier is not liable for negligence or wilful misconduct by it or by a Subcontractor that it uses in relation to the carriage, The carrier is not liable for an act or omission that is not contemplated by its Agreement with the Customer.

29. Every Exemption, limitation, condition and liberty contained in these conditions and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled under these conditions will also be available to and willextend to protect:

29.1. All subcontractors; and

29.2. Every employee or agent of the Carrier or of a Subcontractor.

For the purposes of clause 29 the Carrier is or will be deemed to be acting as Agent or Trustee on behalf of and for the benefit of it employees, Subcontractors and their employees and each of them will to this extent be or deemed to be parties to these conditions.

30. If the Customer thinks it has a claim against the Carrier or a Subcontractor, the Customer must make the claim against the Carrier and no-one else. The claim must be in writing and must reach the Carrier within 7 days after the date the Goods were delivered or should have been delivered. The Customer has no claim in any circumstances against any person (including a Subcontractor) except the Carrier.

31. The Customer shall indemnify the Carrier in respect of:

31.1. All claims by any person or party whatsoever for injury to any person or persons and/or property caused by or in connection with or arising out of the carriage of the Goods;

31.2. The Carriers liability for any loss of or damage or injury to any person, property or thing caused by, occurring during or arising out of any packaging, loading, unloading, removal, assembly, erection or storage of the goods.

31.3. Any loss or damage which may be suffered by the Carrier as a result of any breach by the Goods.

32. Notwithstanding anything contained in these conditions, the carrier will continue to be subject to an implied terms, conditions, guarantees or warranties imposed by the Competition and Consumer act 2010 (Cth) or any other Commonwealth or state legislation in so far as such may be applicable and prevents the exclusion or modification of any such term, condition, guarantee or warranty.

33. Liability of the Carrier arising from a breach of guarantee implied into these terms and conditions by The Australian Consumer Law or howsoever arising is limited to any of the following as determined by the Carrier:

33.1. The Supplying of the Services again

33.2. The payment of the cost of the Services supplied again.

34. These conditions represent the entire agreement between the parties and supersede all prior representations, agreements, statements and understandings between them.

35. The Carrier shall not be bound by any agreement purporting to vary this Agreement unless that agreement is in writing and signed on behalf of the Carrier by a duly authorised officer of the Carrier.

36. a Waiver of any of the Customer’s obligations is ineffective unless it is in writing and signed by a duly authorised officer of the Carrier

37. In case any one more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect other provisions of this Agreement and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision.

38. This agreement is governed by the laws of Western Australia. Each party submits to the jurisdiction of the courts exercising jurisdiction in Western Australia and waives any right to claim that those courts are an inconvenient forum

Please Note:

  • Account Holders note – should your organisation require Purchase Orders for charging purposes, this must be provided on/before booking freight, in reply to the respective email correspondence
  • Subject to equipment availability at the time of request.
  • Insurance is not provided and remains the responsibility of the client – no valuables are to be left in vehicles.
  • Non-account holder to pay via EFT, Visa/Mastercard options once con note raised
  • Bordin and Buckley Holdings PTY LTD not a common carrier and will accept no liability as such.
  • Loading and unloading is the responsibility of the client/sender/receiver.
  • Price to be revised should number of items, weight and dimensions including the characteristics of freight alter from that stated.
  • For the avoidance of any doubt, the supply of Goods and Services by Bordin and Buckley will be on the Terms and Conditions as attached and will take precedent over any terms and conditions appearing on any Purchase Order document of the Customer.    
  • Modification/Alteration of any of the Bordin and Buckley Terms and Conditions expressed in any documents of the Customer will not apply to the supply of Goods and Services by Bordin and Buckley (and will not constitute any counter offer whatsoever) unless expressly accepted in writing by Bordin and Buckley.
  • Gluts are to be returned to the trailer once unloaded has completed, otherwise Bordin and Buckley will charge $22.50 + GST per that has not be returned.
  • Quotes will remain for valid for 30 days from date of issue.