1. These Conditions of carriage unless context otherwise requires the expressions the carrier shall mean and include Mets Transport its servants employees and sub-contractors.

   1. any corporation which pursuant sub section of section 6 of the companies Act of 1961 of the State of Victoria as amended is deemed for the purpose of the sad Act to be related to the Carner.
   2. and other person, public authority, government authority, firm or body (corporate or otherwise) who or which operated railways.
   3. any corporation which is a member of the Australian Road Transport Federation or its affiliated Associations.
   4. any other person, public authority, government authority, firm or body (corporate or otherwise) with whom or with which the Carrier may make arrangements for the carriage if any goods to which these conditions may relate. And any other person public authority, governmental authority, form or body (corporate or otherwise who of which as the case may be) is now or hereafter a servant, employed agent or subcontractor of any of the persons, authorities or bodies referred to in paragraphs (a), (b), (c) or (d) above. “persons” shall include public authority, governmental authority, partnership, or firm and any body (corporate or otherwise). “the goods” shall mean and include any goods described in the consignments note or quotation (as the case may be) and or any goods substituted therefore or any of them which the carrier agrees to carry and or any additional goods carried pursuant to any agreed variation of the contract resulting from this consignment note for quotation (as the case may be) or carried pursuant to any request made by or on behalf of the Consignor to the Carrier or to any servant or agent of the Carrier. “the Consignor” shall mean and include the consignor his servants, employees and agents.
2. The Carrier is not a common carrier and will accept no liability as such. The Carrier reserves the right to accept or refuse the carriage, transport, storage or custody of any goods or class of goods for any person at its discretion, without giving any reason for so doing. All goods are carried or transported and all storage or custody and other services are performed by the Carrier subject only to these Conditions.
3. The Consignor shall not tender for carriage, transport, storage or custody any explosive, inflammable or otherwise dangerous, damaging, damaged or insufficiently or improperly packed goods without giving the Carrier a full written description of these goods their conditions and the state of their packaging and in default of so doing the Consignor be liable for all goods or damaged caused thereby.
4. The Consignor authorises the Carrier (if the Carrier should deem fit to do so) to arrange with any sub-contractor for the carriage, transport, storage or custody of the goods and for any services ancillary thereto. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the goods concerned to the sub-contractor whereupon the sub-contractor shall be entitled to the full benefit of these Conditions to the same extent as the Carrier in so far as it may necessary to ensure that such sub-contractor shall be so entitled the Carrier shall be deemed to contract with the Consignor for its own benefit and also as trustee for the sub-contractor in respect of all matters mentioned in these conditions.
5. The goods are carried subject and liable in every respect to the Bills of Lading and airway bills issued by and or and conditions or terms imposed or required by any vessel or aircraft operations, any railway, port or harbour authority or any other carriers or custodians of the goods and are freighted at ordinary rates unless the Carrier is otherwise instructed in writing by the Consignor.
6. Notwithstanding that the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail sea or air if in the opinion of the Carrier such method cannot be conveniently adopted by the Carrier to carry or have carried some or all of the goods by any other method or methods of carriage selected by the Carrier.
   1. the goods are and at all times shall be; at the risk of the owner thereof and the Carrier shall be under no liability whatsoever in respect of the goods oar any part thereof to the Consignor or to the owner or to any other person.
   2. Without restriction the generality of sub-clause (a) the Carrier shall not be liable in tort or in contract or otherwise howsoever for:
      1. any lose of non-delivery or mis-delivery of the goods or any part thereof or incorrect or incorrect description of the goods or any part thereof, or
      2. any damage or injury to or any delay in the delivery of the goods or any part of thereof, or
      3. any damage directly or indirectly caused by or which may arise out of any such loss, non delivery, mis-delivery, incorrect description, damage injury or delay or
      4. and damage including deterioration of chilled, frozen, refrigerated or perishable goods.
   3. The provisions of sub-clause (b) shall apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, mis-delivery, non-delivery, damage or injury or delay may have occurred and notwithstanding that the same may have been due to or occasioned by or may have arisen as a result of or as incidental to any negligence or any wilful act or omission or any misconduct on the part on the Carrier or any of its servants or agents and notwithstanding that the cause of such loss, non-delivery or mis-delivery or incorrect description of the goods or any part thereof or of any such damage or injury any such delay may not be known to the Carrier.
   4. The description of the goods, the quantity and the value thereof shown in the consignment note or quotation relating to the foods (as the case may be) were represented to the carrier by the Consignor and the Carrier does not admit to the accuracy thereof and shall required in case of any claim proof thereof the consignor or other party who may claim against the Carrier, shall retain the relevant evidence thereof.
7. The Consignor authorises the Carrier to deliver the goods at the address given to the Carrier by the Consignor for that purpose the Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtained from any person a receipt or signed delivery docket for the goods.
8. The person delivering the goods at the Carrier shall be deemed to be authorised to sign on behalf of the Consignor the consignment note or any document incorporating these Conditions. The Consignor expressly undertakes with the Carrier that the Consignor is either the owner or has the authority of the owner of the goods to enter into this contract and the Consignor accepts there Conditions of Carriage as trustee for the Consignor as well as for all other persons on whose behalf the Consignor is acting.
9. If on demand any person fails to pay charges due to the carrier in respect of any service rendered by the Carrier the Carrier may retain and sell all or any of the goods which are in its possession and out of the moneys arising from the sake retain the charges so payable and all charges and expenses relating or incidental to the detention and sale and shall render the surplus of any of the moneys arising from the sale and such of the goods shall be forfeited to the person entitled thereof. Any such sale shall not prejudice or affect charges due or payable in respect of such service at the said detention and sale.
10. Insurance of goods will not be effected for the benefit of the Consignor unless the Consignor gives notice in writing to the Carrier and in the form required by the Carrier of the full value of the goods and the type of insurance required by the Consignor and unless the current insurance charges have been paid. Any such insurance shall be on the terms of the current insurance particulars supplied by the Carrier to the Consignor.
11. The Carriers charges for carriage shall be paid by the Consignor without prejudice to the Carriers rights against the Consignor any other person provided that when it is stated on the consignment note or the goods are consigned “C.O.O” or “Freight Collect” the Consignor shall not be required to pay such charges unless the Consignor fails to pay after a reasonable demand has been made by the Carrier for payment hereof.
12. Freight shall be considered earned as soon as goods are loaded and dispatched and whether the goods are delivered to the consignee or not and whether damaged or otherwise. Under no circumstances will any payment for freight be refunded.
13. The Consignor will be and remain responsible to the Carrier for all its proper charged incurred for any reason. A charge may be made by the Carrier in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the carrier reporting loading or unloading labour to load or unload the vehicle shall be the responsibility and the expense of the Consignor or Consignee as the case may be.
14. Unless otherwise directed by notice in writing the Carrier is authorised by the consignor to collect payment of “C.O.D” goods in legal tender or cheque and to give receipts on behalf of the Consignor.
15. Unless otherwise agreed in writing all future contracts for carriage of goods to be made between the Consignor and the Carrier shall be subject to these conditions.
16. These conditions and any contract incorporating the same made by the carrier shall be governed by and construed in accordance with the law of the State of Victoria wheresoever the contract is made or is deemed to be made any action or other legal process in respect of any matter or thing against the Carrier be instituted and carried on only in the appropriate Court in the State of Victoria.
17. The provisions of these Conditions of Cartage shall apply to the container or containers other packaging containing the goods and to any pallets delivered with the goods 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.
18. The Carrier shall not be bound by any Agreement purporting to vary these Conditions unless such Agreement is in writing and is signed on behalf of the Carrier by a Director or Secretary of Mets Transport.

INSURANCE OF GOODS

For the benefit of customers wishing to use the carrier’s facilities to arrange insurance on goods in transit the premiums chargeable and the conditions of cover applicable are set out hereunder. Insurance is calculated at 70c per $100 cover, limit $5,000 for any one article.