- McVey’s Transport Pty Ltd ABN: 79111300988
Rear of Consignment Note:
"McVey's Transport is not a common Carrier and will accept no liability as such.
McVey's Transport shall not be under any liability for any loss or damage to or missed delivery, concealed damage, deterioration, contamination, non-delivery of goods held in their care, custody or control, or any consequential loss arising there from how so ever caused.
Insurance will not be arranged by McVey's Transport except with the instructions in writing of the Consignor and then only at Consignor's expense and on the lodgment of a declaration as to the value prior to the commencement of service."
The whole of the operations and services undertaken by the Carrier in respect of the goods/freight (whether gratuitously or not), including but without limiting the generality of this definition, loading, unloading and storage of the goods and the towing of a trailer.
McVey's Transport Pty Ltd ACN 111300988 trading under it's own name or under any other business name and its employees, agents and subcontractors.
The person who engages the Carrier to provide services of carriage.
The person to whom the goods are to be delivered by McVey's Transport Pty Ltd.
Any indirect or consequential loss, loss of use, loss of product or production, delayed, postpones, interrupted or deferred production, inability to produce, deliver or process, loss of profit, revenue or anticipated revenue, loss of bargain, contract, expectation or opportunity, punitive or exemplary damages. In each case arising from or in connection with the performance of this agreement and whether or not foreseeable at the time of entering into this agreement.
Goods that are or may become noxious, dangerous, flammable or damaging, or that are or may become liable to damage any property whatsoever.
Goods means freight to be moved from one place to another.
Includes a corporation, company, partnership or any other entity.
Includes any Person who pursuant to a contract or arrangement with any other Person (whether or not the Carrier) performs or agrees to perform the Carriage or any part of it including, but without limiting the generality of this definition.
Not A Common Carrier - Negation of liability as a Common Carrier
McVey's Transport is not a common carrier and will accept no responsibility as such. All articles are transported and all storage and others services are performed by McVey's Transport subject only to these conditions and McVey's Transport reserves the right to refuse the transport of articles from any person and the carriage of any class of articles at its discretion.
- Any instructions received by McVey's Transport Pty Ltd from the consignor for the supply of services shall constitute acceptance of the terms and conditions contained herein.
- Upon acceptance of these terms and conditions by the consignor the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the authority of McVey's Transport Pty Ltd.
- The consignor shall give McVey's Transport Pty Ltd not less than fourteen (14) days prior written notice of any proposed change of ownership of the consignor or any change in the consignor's name and/or any other change in the consignor's details (including but not limited to, changes in address, or business practice). The consignor shall be liable for any loss incurred by McVey's Transport Pty Ltd as a result of the consignor's failure to comply with this.
- The consignor accepts, acknowledges and understands the concept of Chain of Responsibility (COR) i.e. control or influence of the transport chain can be held legally accountable, if by actions, inactions or demands, they cause or contribute to road safety breaches. Therefore any person wittingly or unwittingly contributing to driver fatigue through inappropriate scheduling/rostering, excessive queuing times, excessive loading/unloading times, or any other driver fatigue contributing act will be held directly accountable.
- The goods are fit for carriage and have been suitably packaged for transport.
- The Consignor has the authority of all Persons owning or having any interest in the goods to enter into this agreement on their behalf.
- The details of description of the items, pallet space, quantity, weight, value and measurements are correct as supplied by the consignor.
- There is suitable access practicable road and approach for the Carrier to the place from which the goods are to be removed and the place to which the goods are to be delivered.
- Where required by law, the consignor has accurately completed and supplied a container weight declaration form;
- The Consignor will be responsible for the loading and unloading of any Goods that consist of items of machinery for which a licence to operate is required.
- The Carrier 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.
- The Consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the Goods to any Person (other than the Consignor) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods.
The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.
Exemptions to Subcontractors
The Consignor agrees that no claim or allegation may be made against any servant, agent, or Subcontractor of the Carrier that imposes or attempts to impose upon such Person any liability whatsoever arising out of or in any way connected with the Goods or the Carriage of them whether or not arising out of negligence or a wilful act or omission on the part of any of them and if such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences of any such claim or allegation.
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 and will extend to protect:
Employees/agents of the Carrier or of a Subcontractor;
Every other Person (other than the Carrier) by whom the Carriage or any part of it is undertaken; and
Persons who are or might be liable for the acts or omissions of any Person .
The Carrier is or will be deemed to be acting as agent or Trustee on behalf of and for the benefit of all such Persons and each of them and all such Persons and each of them will to this extent be or be deemed to be parties to this agreement.
Liability of Carrier
The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever, whether in contract, or otherwise for:
(a) personal injury; or
(b) loss of or damage to, deterioration, evaporation or contamination of the Goods, or
(c) misdelivery, delay in delivery or non delivery of the Goods or any of them,
whether in the course of delivery or otherwise or for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non-delivery or consequential loss is caused or alleged to have been caused by the negligence or wilful act or default of the carrier or its officers, servants or agents, its sub-contractors, or by any cause whatever.
The carrier will be entitled to the benefit of the exclusion of liability provided even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
Nothing whatsoever done or omitted to be done or other conduct by the carrier in breach of contract or otherwise will under any circumstances constitute a fundamental breach of contract or a repudiation of contract such as to have the effect of disentitling the carrier from obtaining the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of liability of the carrier contained in these conditions, and all such rights, defences, exemptions, immunities, limitations of liability and like protection will continue to have full force and effect in any event whatsoever.
To the extent permitted by law, the carrier’s liability for breach of any warranty, guarantee or any term implied by law in this agreement is limited to:
In the case of the supply of carriage, the cost of having those services supplied again .
Unless otherwise agreed in advance in writing with McVey's Transport Pty Ltd the consignor shall not tender for carriage or for storage any explosive, inflammable or otherwise dangerous goods. The consignor will be liable for and hereby indemnifies McVey's Transport Pty Ltd for all loss or damage whatsoever caused by any dangerous goods.
Route and Deviation
The consignor authorises any deviation from the usual route or manner of carriage of freight that may in the absolute discretion of the carrier be considered necessary in the circumstances.
If the consignor expressly or impliedly instructs the carrier to use, or it is expressly or impliedly agreed that the carrier will use a particular method of handling or storing the goods or a particular method of carriage, the carrier will give priority to that method but if it cannot conveniently be adopted by the carrier the consignor authorises the carrier to handle or store or to carry or to have the goods handled, stored or carried by another method or methods.
- McVey's Transport Pty Ltd is authorised to deliver the freight at the address given to McVey's Transport by the consignor and it is expressly agreed that McVey's Transport Pty Ltd shall be taken to have delivered the goods in accordance with this contract if at that address McVey's Transport Pty Ltd obtains from any person a receipt or a signed delivery docket for the goods.
- McVey's Transport Pty Ltd may deliver the goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract.
- Delivery of the goods to a third party nominated by the consignor is deemed to be delivery for the purposes of this agreement.
- It is the consignor's sole responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery.
- The failure of McVey's Transport Pty Ltd to deliver shall not entitle either party to treat this contract as repudiated.
McVey's Transport Pty Ltd may cancel any contract to which these terms and conditions apply or cancel the service at any time before the services are commenced by giving writtren noice to the customer. On giving such notice McVey's Transport Pty Ltd shall repay to the customer any monies paid in respect of the price.
In the event that the customer cancels the contract prior to commencement of the service then the customer shall be liable for any loss incurred by McVey's Transport Pty Ltd up to the time of cancellation.
Loss Or Damage
McVey's Transport Pty Ltd shall not be under any liability for any damage to, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of McVey's Transport Pty Ltd or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
the consignor will indemnify McVey's Transport Pty Ltd against all claims of any kind whatsoever, howsoever caused or arising brought by any person in connection with any matter or thing done, said or omitted by McVey's Transport Pty Ltd in connection with the goods.
The consignor acknowledges that:
(a) the freight is carried and stored at the consignor's sole risk and not at the risk of McVey's Transport Pty Ltd and
(b) McVey's Transport Pty Ltd is under no obligation to arrange insurance of the goods and it remains the consignor's responsibility to ensure that the goods are insured adequately or at all; and
(c) under no circumstances will McVey's Transport Pty Ltd be under any liability with respect to the arranging of any such insurance and no claim will be made against McVey's Transport Pty Ltd for failure to arrange or ensure that the goods are insured adequately or at all.
- Where goods are stored by the carrier at the request of the consignor, the consignor will furnish an address to which notices shall be sent, and will provide samples of the signatures of persons entitled to collect the goods.
- The carrier will be entitled to remove the goods from a place of storage to another place of storage at its discretion.
- The consignor must give 48 hours’ notice to the carrier of its intention to remove goods from storage.
- The carrier will not be obliged to deliver any goods except to the consignor or to a person authorised in writing by the consignor to receive the goods without:
- payment of all amounts due by the consignor to the carrier on any account whatsoever.
- The consignor will remove its goods from storage within seven days of receipt of written notice from the carrier.
- If any identifying document or mark is lost, damaged, destroyed or defaced, the carrier may open any document, wrapping, package or other container in which the goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership.
The consignor will be and remain responsible to the carrier for all its proper charges incurred for any reason.
A charge of $130 per hour or part there of will be made by McVey's Transport Pty Ltd in respect of any delay in excess of one (1) hour in loading or unloading occurring other than from the default of McVey's Transport Pty Ltd. Such permissible delay period shall commence upon McVey's Transport Pty Ltd reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the consignor or consignee.
Price shall mean the cost of the Services as agreed between McVey's Transport and the customer subject to the following:
At McVey's Transport Pty Ltd's sole discretion the price shall be:
(a) as indicated on invoices provided by McVey's Transport Pty Ltd to the customer in respect of services supplied; or
(b) McVey's Transport Pty Ltd quoted price which shall be binding upon McVey's Transport Pty Ltd provided that the customer shall accept in writing McVey's Transport Pty Ltd quotation within ten business days.
McVey's Transport Pty Ltd may by giving notice to the customer increase the price of the service/s due to an increase in the cost to McVey's Transport Pty Ltd beyond the reasonable control of McVey's Transport Pty Ltd eg fuel increases.
Time for payment for the services will be shown on the tax invoice.
At McVey's Transport Pty Ltd sole discretion;
(a) payment shall be due on delivery of the goods, or
(b) payment shall be due before delivery of the goods, or
(c) payment for approved customers shall be due 21 days following the issue of the tax invoice.
Payment will be made by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the customer and McVey's Transport Pty Ltd.
GST will be included in the price as shown on the tax invoice.
McVey's Transport Pty Ltd Charges
McVey's Transport Pty Ltd will be deemed fully earned on receipt of the goods by the carrier and are non refundable in any event.
Any special instruction given by the consignor to the effect that charges will be paid by the consignee or any other third party will be deemed to include a stipulation that if the consignee or third party does not pay the charges within seven days of the date of delivery or attempted delivery of the goods the consignor will pay such charges.
Where the carrier stores goods for the consignor, the consignor must:
(a)pay the carrier’s expenses and charges to comply with any law or regulation or any order or requirement made under them, or other person;
(b) if any goods are under customs control, pay all customs duty, excise duty and costs that the carrier becomes liable to pay or pays;
(c) supply or pay for labour or machinery or both to load or unload the goods;
(d) compensate the carrier for any cost, expense or loss to the carrier’s property or any person caused by the goods;
(e) if the goods are at any time re-quantified, re-weighed or re-measured, pay any proportional additional charges.
The goods are accepted subject to a general lien for all charges now due or that may become due to the carrier by the consignor on any account whatsoever, whether in respect of the goods or in respect of any other goods for which the carrier provides or has provided services of carriage.
If charges are not paid when due, or the goods are not collected when so required or designated, the carrier may, without notice, and immediately:
(a) remove all or any of the goods and store them as the carrier thinks fit at the consignor’s risk and expense;
(b) open and sell all or any of the goods as the carrier thinks fit (whether by private treaty or public auction) and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused.
- The parties agree that the lien attaches to goods when the goods are accepted by the carrier for carriage.
- If the customer owes McVey's Transport Pty Ltd money then the customer shall indemnify McVey's Transport Pty Ltd from and against all costs and disbursements incurred by McVey's Transport Pty Ltd in recovering the debt. services to the customer and any of its obligations under the terms and conditions. McVey's Transport Pty Ltd will not be liable to the customer for any loss or damage the customer suffers because McVey's Transport Pty Ltd exercised its right.
The consignor agrees that the lien arising under these conditions of carriage is a security interest.
If the carrier requests, then the consignor must promptly upon receipt of a request from the carrier do anything for the purposes of ensuring that any security interest created under, or provided for by, these conditions of carriage is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. Anything that is required by the consignor to be done under this clause will be done by the consignor at its own expense. The consignor agrees to reimburse the costs of the carrier in connection with any action taken by the carrier under or in connection with this clause.
Unpaid Right to Dispose of Goods
- McVey's Transport Pty Ltd shall have a lien on any goods owned by the customer and in the possession or control of McVey's Transport Pty Ltd (and any documents relating to those Goods) for all sums payable by the customer to McVey's Transport Pty Ltd and shall have the right to sell such goods or cargo by public auction or private treaty after giving notice to the customer.
- McVey's Transport Pty Ltd shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such goods or cargo, from the proceeds of sale and shall render any surplus to the entitled person.
- If McVey's Transport Pty Ltd elect to proceed in any manner in accordance with this then the customer shall indemnify McVey's Transport Pty Ltd from and against all McVey's Transport Pty Ltd costs and disbursements including legal costs.
In the event the customer believes they have a claim against McVey's Transport Pty Ltd they must lodge any claim within 7 days of the date of delivery, or for non delivery within seven days of the anticipated date of delivery or the removal or destruction of the goods.
Failure to notify a claim within the time frame as shown above is evidence of satisfactory performance by McVey's Transport Pty Ltd of it's obligations.
Notwithstanding anything contained in this agreement, the carrier will continue to be subject to any 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.
- This agreement sets out the entire agreement of the parties with respect to its subject matter. No other agreement, warranty or representation, express or implied has been given or made by the parties with respect to the carriage of goods.
- The carrier will not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in writing and signed on behalf of the carrier by an authorised officer of the carrier.
This agreement will be construed in accordance with the laws in force in New South Wales and the parties submit to the jurisdiction of the courts of New South Wales.
Headings are included for convenience only and do not affect interpretation of this agreement.
Singular and plural
Words importing the singular include the plural and vice versa and words importing a gender include other genders.
Joint and several
Where the consignor or consignee comprise two or more Persons an agreement or obligation to be performed or observed by the consignor or consignee binds those Persons jointly and severally.
If any part of this agreement is invalid or unenforceable, that part will be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted; and this agreement will remain otherwise in full force.