Conditions of Contract

1.M & LJ Wishart Contractors Pty Ltd (hereinafter called “the carrier” which expression includes its servants; agents and sub-contractors) is not a common carrier and it is agreed that the obligations of a common carrier are expressly negatived. All goods carried or other services performed shall be subject only to these conditions of carriage and the carrier reserves the right to accept or refuse the carriage of any class of goods or of any particular goods in any class at its discretion.

2. The carrier may arrange with any person or firm or company to undertake the carriage of goods hereby contracted, for and such person firm or company, his, their or its servants, agents and employees shall be entitled to the benefit of these conditions to the same extent as a carrier.

3. The goods are carried subject and liable in every respect to the Bills of Loading issued by and or conditions imposed by any steamship company, railway, port or harbour authority or other carriers of the goods and are freighted at ordinary rates unless otherwise instructed in writing by the consignor or his authorised agent. Description of contents and values must be declared on face hereof and extra freight paid thereon if necessary.

4. The consignor shall be responsible for any damage or loss of goods while in the carrier’s custody during storage or in transit by road, rail, steamship or freighting or other means due to civil commotion, Act of God, Government intervention, war strikes, seizure under legal process, accident, misadventure, fire or water.

5. Insurance of the goods will be effected for the benefit of the consignor upon his written instruction at his expense.

6. The consignor or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods unless a full description of these goods is presented to the carrier and in default of the consignor so doing he shall be liable for all loss and damage caused thereby.

7. Unless otherwise expressly agreed in writing or unless the goods are the subject of insurance, instructions to the carrier and an insurance premium has been paid to the carrier for that purpose no responsibility will be accepted by the carrier for any loss of or damage to or misdelivery or non-delivery of goods, parcels, packages, crates or cases, etc. or the contents thereof either in transit or in storage or for any reason whatsoever.

8. Goods received for storage or other service are subject to a particular lien in favour of the carrier which shall become effective in respect of such goods until all charges incurred in respect of such services are paid in full by the consignor or his authorised agent before delivery from storage.

9. The consignor will be and remain responsible to the carrier for all its proper charges. The contract shall be deemed to be made at the point of despatch where all charges shall be paid free of exchange.

10. All charges are subject to surcharge or discount from time to time without notice.

11. This contract shall be covered by and construed to the law of the state of South Australia, and any proceedings against M & LJ Wishart Contractors Pty Ltd shall be brought in the state of South Australia only.

12. Freight shall be considered carried whether the goods are delivered to the consignee or not and whether damaged or others. Under no circumstances will any payment for freight be refunded.

13. The goods are at the risk of the sender and not the carrier and unless expressly agreed in writing subject to clause 14 hereof the carrier shall not be responsible for any loss any reason whatsoever including without limiting the foregoing the negligent or willful act or default of the carrier its servants or agents or sub-contractor and this clause shall apply to all such loss or damage to or deterioration of goods or misdelivery, or failure to deliver or delay in delivery of the goods as aforesaid 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 sender or in events which are foreseeable by them or in events which would constitute a fundamental breach of the contract or a breach of the fundamental term thereof.

14. Notwithstanding anything herein contained the carrier shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as 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.

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