CONDITIONS OF CARRIAGE:

1. In these conditions "Carrier" shall mean the business which is carried on by Copyshift Transport Pty. Ltd. a company incorporated in Victoria with it's registered office at 864 Canterbury Rd, Box Hill, and the name of which appears on the face of this document. Carrier is not a common Carrier and will accept no liability as such. All goods carried or other services rendered shall be subject only to these conditions and such carriage or rendering of services shall be governed by the law of Victoria. Carrier reserves the right to refuse carriage of any goods.
2. Carrier, its servants, agents and sub-contractors are entitled to the full benefit of these terms and conditions, and Carrier enters into this contract for its own behalf and also on behalf of its servants, agents and sub-contractors. Consignor agrees that it will bring no claim whatsoever against a servant, agent or sub-contractor of the Carrier in respect of any act or omission done in performance or purported performance of this contract whether arising in contract or tort.
3. Consignor hereby authorises Carrier to arrange with a sub-contractor for the carriage of goods the subject of this contract.
4. Where there are any or implied instructions, or agreement that Carrier will use a particular route or method of carriage, handling or storage of goods, whether by road, rail, sea or air, Carrier shall have regard to that instructions or agreement but in every case the Consignor authorises the Carrier to choose any method of carriage, handling or storage of goods or route as may be convenient to the Carrier.
5. GOODS ARE AT THE RISK OF THE CONSIGNOR AND NOT CARRIER, AND CARRIER SHALL NOT BE RESPONSIBLE IN TORT OR CONTRACT OR OTHERWISE FOR LOSS OF OR DAMAGE TO OR DETERIORATION OF GOODS OR MIS-DELIVERY OR FAILURE TO DELIVER OR DELAY IN DELIVERING OF GOODS, OR FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITING THE FOREGOING, THE NEGLIGENCE OR WILFUL ACT OR DEFAULT OF CARRIER OR OTHERS, THIS CLAUSE SHALL APPLY TO ALL LOSS, DAMAGE, DETERIORATION OR FAILURE TO DELIVER, OR DELAY IN DELIVERY, WHETHER OR NOT IT OCCURS IN THE COURSE OF PERFORMANCE BY CARRIER OR IN EVENTS WHICH ARE IN THE CONTEMPLATION OR CARRIER AND/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.
6. In the event that the Consignor is not the full legal and beneficial owner of the goods consigned then the Consignor agrees to indemnify the Carrier, its servants, agents and sub-contractors against any claim made by any person with an interest in the consigned goods.
7. Carrier's charges shall be considered earned as soon as goods are loaded and despatched from Consignor's premises or delivered to Carrier for dispatch.
8. Consignor will be and remain responsible to Carrier for all proper charges incurred for any reason. Labour for loading and unloading shall be the responsibility and at the expense of the Consignor.
9. A charge will be made by Carrier in respect of any delay in excess of 30 minutes in loading or unloading, occurring other than from the default of Carrier, such permissible delay period commencing upon Carrier reporting for loading and unloading, labour for which purposes being the responsibility and at the expense of Consignor. The rate of the charge is the applicable rate shown on Carriers current charges for delay.
10. (i) Carrier shall have a lien on all goods consigned by the Consignor for freight and incidental costs and expenses.
    (ii) Consignor hereby charges his right title and interest to goods with payment to Carrier of all freight charges, costs and expenses payable by Consignor to Carrier in respect of the carriage by Carrier of the goods the subject hereof or of any other goods whether before or after the date hereof and agrees Carrier shall be entitled to retain possession of goods until payment of all charges costs and expenses.
    (iii) In the event of payment not being made of the amount of any charges, costs or expenses referred to in 10 (ii) as and when the same shall be and become due and payable Carrier shall be entitled to sell goods without notice to Consignor, either at public auction or by private treaty and either in one parcel or in lots and either for cash or on terms with or without security.
    (iv) Charges due and payable in respect of detention and sale may also be deducted from monies arising from sale.
11. Consignor warrants that except as shown in any accompanying Consignor's certificate, the consignment does not contain any explosive volatile spirits or other cargo of a dangerous inflammable or offensive nature, or cargo the carriage which by Carrier would be illegal or prohibited by any law or regulation of any State, Territory or the Commonwealth, due to its nature, packaging, or labelling. Consignor hereby indemnifies Carrier its servants, agents and subcontractors in respect of Carrier's liability for death, bodily injury, loss and/or damage occurring wholly or partially as the result of, or arising out of Consignor's failure to comply with this warranty.
12. No purported variation or modification of these conditions shall have any effect unless in writing signed by an executive officer of Carrier.
13. Acceptance of goods by the Carrier for cartage, forwarding or storage is subject to the conditions that Carrier will accept no responsibility for the collections of cash on delivery payments on behalf of Consignor or any other person. When goods are tendered by any person with instructions for Carrier to collect such payments, Carrier shall not be bound by such instructions notwithstanding that Carrier its servants or agents or sub-contractors may accept the goods as tendered and perform other services of cartage, forwarding or storage in relation to those goods.
14. Where goods are accepted for forwarding by rail to an address in a town or other place where Carrier has no receiving depot, the goods will be deemed duly delivered if they are delivered to the nearest rail acceptance depot.
15. Carrier accepts no responsibility to retain the container or containers or other packaging containing goods, or any pallets delivered with the goods to Carrier.
16. This contract is not intended to exclude the operation of any law, regulation, Act or ordinance of the Commonwealth or any State or Territory, which is not permitted to be excluded.
17. Consignor warrants that he is not infringing any Act, law, regulation or ordinance of any State, Territory or the Commonwealth in the sending of goods.
18. INSURANCE: THE CONSIGNOR ACKNOWLEDGES THAT IT IS RESPONSIBLE FOR INSURANCE OF THE GOODS CONSIGNED AND THE INSURANCE COVER FOR GOODS CONSIGNED IS NOT PROVIDED BY THE CARRIER. CARRIER IS NOT RESPONSIBLE FOR THE INSURANCE OF THE GOODS DELIVERED.
19. INSTALLATION - The Consignor acknowledges that where goods are installed by the Carrier on behalf of the Consignor, the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage whatsoever to the goods caused by the installation by the Carrier. Without limiting the foregoing the Carrier shall not be responsible for any loss or damage whatsoever arising from the negligence or wilful act or default of the carrier in such installation and the Carrier makes no representation as to its expertise in installing such goods.