Conditions of Cartage

Metrans Pty Ltd

1. All goods carried or other services performed by Metrans Pty Ltd are subject to these conditions of cartage which replace all previous conditions of cartage and override any of the senders terms and conditions of cartage.

2. Metrans Pty Ltd:
a) is entitled to sub-contract on any terms the whole of any part of the cartage and any reference to Metrans Pty Ltd in these conditions includes its servants, agents and sub-contractors.
b) is not a common carrier and will accept no liability as such; reserves the right to accept or refuse the cartage of any goods at its discretion.

3. The sender warrants that the person who has signed the transport contract is authorised to do so and to agree to its terms.

4. The sender warrants that, unless specified on the transport contract/agreement/consignment note, the goods contained on the consignment are not dangerous. Where they are specified as dangerous, the sender warrants that they are properly described, packed and clearly labeled and can be transported safely according to the Australian Code for the Transport of Dangerous Goods by Road and Rail.

5. The sender agrees that the goods described on the transport contract/agreement/consignment note are carried at its own risk and that Metrans Pty Ltd will not be responsible for any delay, loss or damage of any nature arising out of or incidental to the cartage of the goods due to any act or omission (whether willful or negligent or otherwise) on the part of Metrans Pty Ltd and indemnifies Metrans Pty Ltd in respect of any liability in respect of the goods.

6. The sender authorized Metrans Pty Ltd to deliver the goods at the receivers address appearing on the transport contract/agreement/consignment note. Metrans Pty Ltd will be deemed to have delivered the goods in accordance with the contract note if Metrans Pty Ltd obtains a receipt or signed delivery docket for the delivery of the goods to the receivers address. If Metrans Pty Ltd is unable to deliver the goods to the receivers address, Metrans Pty Ltd will store the goods at the risk of the sender and the sender will pay all costs in relation to the non-delivery.

7. The sender will pay Metrans Pty Ltd charges in all circumstances including where the receiver fails to pay any charges. No payment will be refunded other than as required by statute. The sender agrees that if it does not pay Metrans Pty Ltd after Metrans Pty Ltd has demanded payment, Metrans Pty Ltd may detain and sell all or any goods dispatched by the sender in its possession and retain its unpaid charges and sale expenses from any money raised from the sale. Metrans Pty Ltd will pay any balance remaining and will return any unsold goods to the sender. The sender warrants that Metrans Pty Ltd has the right to sell any such goods.

8. All goods are carried subject to the terms of any bill of loading issued by and/or conditions imposed by any steamship company, railway, port or harbor authority of other carriers of the goods that are freighted at ordinary rate unless otherwise agreed in writing.

9. Metrans Pty Ltd will only insure the goods if the sender requests insurance on the face of the transport contract prior to sending the goods and states the value of the goods. Metrans Pty Ltd will provide insurance at the rate of 4% of the stated value of the goods; an excess of $100 applies. If the stated value of the goods is less than its actual value, then any claims payable against the insurance cover will be at the same proportion of the total claim as the stated value is to the actual value. Any dispute arising as to the actual value of the consignment will be settled by an independent valuer nominated by Metrans Pty Ltd.

10. The sender or receiver must lodge a written claim for damage to or loss of goods at Metrans Pty Ltd Head Office within seventy two (72) hours after delivery was made. If no written claim is lodged within this period, the goods will be conclusively deemed to have been delivered undamaged and no claim for loss or damage will be allowed other than as required by statute.

11. The sender agrees that all rights, immunities and limitations of liability granted to Metrans Pty Ltd by these conditions of cartage will continue to have their full force and effect in all circumstance and not withstanding any breach of the contract or any conditions by Metrans Pty Ltd.

12. This quotation/agreement/rate schedule does not include Tolls, GST, Fuel surcharges or other charges which may be applied.

We will endeavor to help you in anyway we can. Please contact our Sales Representatives for any additional services required on (03) 9768 8777.


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