Conditions of Carriage

INTERPRETATION

1. In these conditions:

• "Carrier" shall mean Mail Call Couriers Ply Limited (ACN 002 351 939), its officers, employees and agents.
• "Consignor" shall mean the person, organisation, company, government or statutory body or authority with whom this contract is made.
• "Sub-Contractor" shall mean and include.
  1. All companies which are related body corporates of the Carrier within the meaning of that expression as defined in the Corporations Law;
  2. Railways operated by the Commonwealth or any State;
  3. Any other person, organisation. company or government or statutory body or authority with whom the Carrier may arrange for the carriage of any goods the subject of this contract;
  4. And any person who is now or hereafter a servant, agent, employee, or sub-contractor of any of the persons referred to in 1, 2 and 3 above.

Headings do not effect the interpretation of these conditions.

RIGHT TO REFUSE CARRIAGE

2. The Carrier is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Carrier subject only to these conditions and the Carrier reserves the right to refuse the carriage or transport and/or storage of articles for any person, organisation, company, government or statutory body or authority and the carriage or transport and/or storage of any class of articles at its discretion.

SUB-CONTRACTING

3. The Consignor hereby authorises the Carrier (if the Carrier in its discretion thinks fit) to arrange with a sub-contractor or sub-contractors for the carriage and/or storage of any articles the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said articles to such sub-contractor or sub-contractors who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier. In so far as it may be necessary to ensure that such sub-contractor or sub-contractors shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor or sub-contractors.

METHOD OF CARRIAGE

4. 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 articles or a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier, the Consignor hereby authorises the Carrier to handle or store or to carry or have the goods carried by any other method or methods the Carrier in its discretion thinks fit.

5. The Consignor hereby authorises any deviation from the usual route or manner of cartage and/or storage of articles which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

CARRIERS LIMITATION OF LIABILITY

6. The articles are at risk of the Consignor and not the Carrier and unless expressly agreed in writing and subject to clause 18 hereof the Carrier shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of articles or misdelivery or failure to deliver or delay in delivery of articles including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason what ever including without limiting the foregoing the negligence or wilful act or default of the Carrier or others and this clause shall apply to all such loss of or damage to or deterioration of articles or misdelivery or failure to deliver or delay. In delivery whether or not the same occurs in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and/or the Consignor or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of a fundamental term thereof.

7. Without derogating from Clause 6 above it is expressly agreed that all the rights, immunity, exemptions from and limitations of liability granted to the Carrier by these Conditions of Contract shall have and continue to have full force and effect in all circumstances whatsoever and however arising.

8. Notwithstanding anything herein contained, the Carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (is amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion. restriction or modification of that warranty. Where it is legal to do so, any remaining liability implied by statute or resulting from breach of any term, condition or warranty implied by statute is limited to, at the Carrier sole option:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

DELIVERY

9. The Carrier is authorised to deliver the articles at the address given to the Carrier by the Consignor for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered the articles in accordance with this contract if at that address the Carrier obtains from any person a receipt or a signed delivery docket for the articles.

10. If the address given to the Carrier for the purposes of delivery is unattended at the time of delivery, or if delivery cannot be effected by the Carrier (other than by reason of the negligence of the Carrier) the Carrier may deposit the articles at that address (which shall be deemed to be delivery under the Contract) or store the articles and if the articles are stored the Consignor shall pay the Carrier for all costs and expenses incurred as a result of that storage and redelivery.

11. It is agreed that the person delivering any articles to the Carrier for Carriage or transportation and/or storage is authorised to sign the documentation evidencing this contract for or on behalf of the Consignor.

CONSIGNOR WARRANTY

12. The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any article the subject matter of this contract of cartage and by entering into this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.

CHARGES

13. The Carrier charges shall be considered earned as soon as the articles are loaded and despatched from the Consignor's premises. The Consignor will be and remains responsible to the Carrier for all its proper charges incurred for any reason.

14. The Carrier shall have a lien on the articles and on any other goods in the possession of the Carrier for all sums payable by the Consignor to the Carrier.

DANGEROUS ARTICLES

15. Prior to the consignor tendering for carriage any potentially dangerous. hazardous or offensive articles of any description. including. without limitation any volatile, explosive, inflammable or radioactive materials which are or may become liable to damage any property, or any article which may become hazard to health, the Consignor must label such articles accordingly and fully advise the Carrier of the description and nature of such articles and in any event the Consignor shall be liable for all loss and damage caused by such articles. The Carrier reserves the right to dispose of, abandon or render harmless any such articles without compensation to the Consignor.

PACKAGING

16. The Consignor expressly warrants with the Carrier that the Consignor has compiled with all laws relating 1.0 the packaging, labelling. storage and carriage of the articles and that the articles are packed in a satisfactory manner capable of withstanding the risks of storage and carriage and the Carrier duly indemnifies the Carrier from any liability whatever arising from failure to comply with these warranties.

17. These conditions of carriage shall apply to the container or containers or other packaging containing the articles and to any pallet or pallets delivered with the articles to the Carrier. The Consignor shall be responsible for the conformity of such containers packaging and pallets with any requirements of the Consignee and for any expense incurred by the Carrier arising from any failure so to conform.

STANDARD TERMS AND CONDITIONS

18. The current Standard Terms and Conditions of Contract of the Carrier shall apply to this contract except where those conditions conflict with the conditions set out above. A copy of the current Standard Terms and Conditions of Contract will be made available to the Consignor on request. It should be noted that those Standard Terms and Conditions of contract are subject to alteration from time to time without notice and Consignors should ensure that they obtain an up to date copy.