Terms and Conditions for Bhf Couriers Express
In these conditions:
"The Carrier" shall mean BHF Couriers Express Pty Ltd A.C.N 600 700 301 carrying out business in its own name and under any other business name and unless the context otherwise requires its officers, servants, agents and sub-contractors.
"Sender" shall mean the person with whom this contract is made.
"Goods” shall mean the cargo accepted from the sender together with any container, packaging or pallets supplied by or on behalf of the sender.
"Services" shall mean and include the whole of the operations and services undertaken by the Carrier in connection with the goods including but not limited to the carriage, transport and/or the storage of the goods.
"Sub-Contractor" shall mean and include:
i. All companies which, at any time, become subsidiaries of BHF Couriers Pty Ltd.
ii. Railways or airlines operated by the Commonwealth of Australia or any State of Australia.
iii. Any other person, firm or company with whom the Carrier may arrange for the carriage of any goods, the subject of this contract, and
iv. Any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in i.and iii above.
2. NOT A COMMON CARRIER
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 of articles of any person, corporation or company and the carriage or transport of any class of articles at its discretion.
3. NO VARIATIONS TO CONDITIONS
The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed by an Executive Officer of the Carrier.
The Carrier may have goods carried, stored or otherwise handled by any servant or agent of sub-contractor of the Carrier or any servant or agent of any sub-contractor or by any other person and any such arrangement shall be deemed to be ratified by the Sender upon delivery of the said goods to such a sub-contractor or agent who shall thereupon be entitled to the full benefit of these terms and conditions to the safe extent as the Carrier and insofar as it may be necessary to ensure that such sub-contractor or agent shall be entitled. The Carrier shall be deemed to enter into this contract for its own benefit and also as trustee for the sub-contractor or agent. Every exemption from liability or defence and immunity of any nature applicable to the Carrier or to which the Carrier is entitled shall also be available to protect the sub-contractor or agent. Several contractors and sub-contractors are used with BHF Couriers the likes of TNT, Toll express and Others. If the Sender undertakes any legal action whatsoever against the sub-contractor or agent in relation to the services or otherwise in connection with this agreement, the Sender hereby agrees to indemnify the Carrier from any consequences of the said legal action.
5. PERSONAL INJURY OR LOSS
The Sender acknowledges and agrees that neither the Carrier nor any servant or agent or sub-contractor of the Carrier nor any other person who carries the goods at any time pursuant to this consignment note shall in any circumstances (except where any statute otherwise requires) be under any liability whatsoever (whether in contract, tort, or otherwise) for any personal injury or loss or damage to or mis-delivery, delayed or non-delivery of the goods or any of them whether in transit or in storage or otherwise for any consequential loss or injury of any kind whatever whether such persons injury is alleged to have been caused by the negligence or wrongful act or default of the Carrier or its servants or agents or sub-contractors or the servants or agents of any sub-contractors or by any cause whatever.
6. LOST/STOLEN/DAMAGED FREIGHT AND WARRANTY
i. Subject only to Clauses 22 and 23 hereof the goods are sent at the risk of the Sender and not the Carrier, and the Carrier shall not be responsible in tort or contract or bailment or otherwise for any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason whatsoever including without limiting the foregoing the negligence breach of contract or wilful act or default of the Carrier or others and this clause shall apply to all, and the consequences of all, such loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods as aforesaid whether or not the same occurs in the course of performance by or on behalf of the Carrier of the contract or in events which are foreseeable by them or either of them or in events which could constitute a fundamental breach of a fundamental term thereof.
ii. The Carrier shall not be liable for any damage or loss whatsoever occasioned to any goods which the Carrier has been requested by the Sender to pack and which are described on the face hereof whether such damage or loss should occur in the course of packaging or in transit or otherwise. . All goods MUST be inspected for damage before the Receiver signs the Proof of Delivery form or PDA screen. By signing the goods as 'Received in good condition' you will void the Transit Warranty. Please make sure the Receiver is aware of this if you are booking as the Sender. If damage is evident, the receiver must write 'DAMAGED' on the Consignment note or PDA screen.
iii. The Sender may choose to accept warranty cover for their goods in transit. Warranty is provided by the Carrier at an additional charge. Charges for warranty are based on the purchase price of the goods being transported. If the sender chooses to make a warranty claim, the goods must be signed as ‘DAMAGED’ and the incident must be reported to the Carrier within 24 hours. All claims must be emailed to email@example.com. Any claims made to the Carrier after this period of time will be void.
Iv. Charges apply to all Senders who wish to cover their items using the Carrier’s warranty option. This option is priced per consignment. All claims made have a mandatory $150 excess which is not negotiable under any circumstances. It is not recommended that a Sender seek warranty for items valued under $150 through the carrier. The Carrier is not responsible for the Sender choosing warranty cover for items that the Carrier does not cover/include. It is the sender’s full responsibility to check the Carrier’s warranty inclusions before deciding if the warranty cover is right for them.
7. THIRD PARTY COLLECTION
Should a person require the Carrier to pick up goods on that person’s behalf from a third party, any receipt the Carrier may give the third party when effecting the pick-up is no more than a record of the pick-up and is not to be construed as confirmation of the quality or condition of the goods.
8. REFUNDS AND CANCELLATIONS
i. All charges shall be deemed to have been earned when the Carrier takes possession of the goods for carriage and under no circumstances shall any charges be refunded, discounted or abated notwithstanding that the goods may not be delivered or that they are delivered in a damaged condition.
Ii. Once the Sender has agreed to a booking and the Carrier has received payment for such booking, the Carrier has the right to refuse any refunds for change of mind or cancellation for any other reason. The Carrier stands by a strict no refund policy in which no refunds will be given after payment has been made. Should the Sender wish to cancel, the Carrier can supply a credit note for the amount of the booking less any expenses already incurred by the Carrier such as futile charges. Credit notes have no expiry date and may be used for future bookings. Credit notes must be treated like money and all credit note numbers and booking numbers must be provided to the Carrier should the sender wish to book a future job using their credit note.
I. The Carrier has the right to refuse the collection of a booking should the booking not be paid for prior to collection. All collections made must be paid for prior by one of the senders payment options online or over the phone. Unless the Sender holds an account with the Carrier in which other payment arrangements have been made, all payments must be made prior to scheduling a pick up date.
Ii. Where it is agreed that the charges for carriage will be paid by the receiver or by a third party the Sender agrees to indemnify the Carrier against any loss resulting from the non-payment of the charges by such receiver or third party and, without limiting the generality hereof, the Sender agrees that if such charges are not paid by the receiver or third party, the Sender will pay the same to the Carrier on demand.
10. AUTHORITY TO SIGN
The Sender warrants that any person delivering goods to the Carrier has authority to sign this consignment note.
11. SENDERS RESPONSIBILITIES
The Sender warrants:
i. That they are the owner of the goods or otherwise has authority of the owner to consign the goods upon and subject to these conditions, and
ii. That the goods comply with the requirement of any applicable law (including the Australian Code for the Transport of Dangerous Goods by Road and Rail and Air Navigation Order s Part 33) relating to the consigning and packaging of the goods and the expenses and charges of the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbor, dock, railway, shipping, customs warehouse of other authority or company shall be paid by the Sender.
iii. If any of the goods are subject to the control of the Customs all Customs duty, excise duty and costs which the Carrier becomes liable to pay and shall pay in respect of such goods pursuant to any law relating to Customs or excise shall be paid by the Sender.
iv.. That the Sender shall not tender for carriage any volatile spirit or corrosive substance, inflammable or otherwise, or goods that are or that may become inflammable and or offensive (including radioactive material) or which are or may become liable to damage any property whatsoever, without presenting a full description disclosing the nature of such goods and complying with all applicable laws relating to such goods. In any event, the Sender shall be liable for all loss and damage caused by the carriage of such goods. If, in the opinion of the Carrier, the said goods are, or are liable to become dangerous, inflammable, corrosive or offensive or of damaging nature the same may, at any time, be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Sender and/or the Consignee and if necessary at the Sender's expense and without prejudice to the Carrier's right to any charges hereunder.
v. That the goods are packed in a manner adequate to withstand the ordinary risk of carriage having regard to their nature. The Sender will indemnify the Carrier against all loss and expenses suffered or incurred by the Carrier by reason of any breach of the foregoing warranties.
vi. The Sender has fully and adequately described the goods on the Consignment Note/Linepad/Electronic Transfer, and duty.
vii. The Sender duly accepts our written quote and/or applicable schedule rate for this consignment.
Vii. The Sender has read, understood and agreed to all terms and conditions before choosing the Carrier.
12. The goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the Carrier by the Sender or any account whether in respect of the goods comprised herein or in respect of any other goods for which the Carrier provides transport or any other service. If the lien is not satisfied and/or the goods are not collected the Carrier may at its option and without notice in case of perishable goods forthwith, and in any other case upon the expiration of one (2) month either:
i. Remove such goods or part thereof and store them in such place and manner as the Carrier shall think proper and at risk and expense of the Sender or as the case may be, or
ii. Open any package and sell such goods or part thereof upon such items as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for any loss or damage thereby caused.
Any such sale shall not prejudice the right of the Carrier to recover from the person or persons liable to pay the same any charges due or payable in respect of any carriage or other service of sale.
13. Without limiting the generality of these conditions, the limitations and exclusions of the Carrier’s liability herein shall continue to apply and to be of full force and effect in all circumstances notwithstanding any breach, or alleged breach, by the Carrier of this contract of carriage nor any departure by the Carrier from the conditions of this contract of carriage howsoever occurring.
PROVISION OF CONDITIONS
14. The provisions of these conditions of carriage shall apply to the container or containers or other packaging containing the goods and to any pallet delivered with the goods to the Carrier. The Sender shall be responsible for the conformity of such containers, packaging and pallets with any requirements of the Receiver and for the expense incurred by the Carrier arising from any failure of them so to conform.
15. Any Instruction to the Carrier to exchange or transfer consigned pallets to the Carrier’s pallet hire account is accepted on the basis that the sender will indemnify the Carrier against any loss or non-recovery of the consigned pallets however arising. Evidence of the instruction to the Carrier and any non-recovery shall be as shown on the face of the consignment not which shall be deemed conclusive proof of the instruction and/or non-recovery. A charge may be made by the Carrier for the costs of hiring, recovery and replacement (if applicable) of all pallets hired by the Carrier unless exchange pallets are available at the time of delivery.
16. If the Sender expressly or impliedly instructs the Carrier to use or it is expressly impliedly agreed that the Carrier will use a particular method of handling or storage he goods 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 Sender hereby authorizes the Carrier to handle or store or to carry to have the goods carried by another method or methods. The Carrier shall be entitled to open any document wrapping package or other container in which the goods are placed or carried, to inspect the goods to determine their nature or condition for the purpose of determining their ownership or destination where any consignment note or other identifying document or mark is lost, damaged, destroyed or defaced.
CHARGES AND EXTRA FEES
17. The Sender will be and remain responsible to the Carrier for all its proper charges, incurred for any reason. The Sender accepts the Carriers charges and fees at the time of booking whether online, over the phone or by other means. Once a booking has been made, it is received as confirmation by the Carrier that the Sender has agreed and accepted the following information regarding fees and charges. Any additional fees or charges will be charged to the Senders credit card or paypal account without notice:
i. CARRIER FEES AND MISDECLARED FREIGHT- The Carrier may charge freight by weight, measurement or value and may at any time re-weigh or re-measure or re-value or require the goods to be re-weighed, re-measured or re-valued and charge proportional freight as necessary. Any items that are larger, heavier of vary from their declared size, weight or quantity or any other information varies from that on their booking, may incur additional charges. The carrier will then charge the additional amount to the original payee’s card or Paypal as originally consented without any given notice.
ii. LOADING/UNLOADING TIME- A charge may be made by the Carrier in respect of any delay in excess of 15 minutes in loading or unloading occurring other than from the default of the Carrier. Such permissible delay period shall commence upon the Carrier reporting for loading or unloading. Labour to load or unload goods shall be the responsibility and expense of the Sender or Receiver.
Iii- REDELIVERY CHARGES- The Sender and Carrier should agree on delivery terms upon the time of booking. Depending on the circumstances of the booking, the Sender may request that they give the Carrier authority to leave the items unattended at the destination should there be no one present to accept the freight. If the Sender does not give the Carrier permission to leave goods unattended and the Receiver not be in attendance during normal trading hours or at the time specified, the Carrier reserves the right to make further charges for every attempt made until delivery is affected. Redelivery charges are charged at $33 per redelivery attempt but may be an additional amount according to the circumstances surrounding the particular booking.
iv- MANUAL CONSIGNMENT- Consignment notes are emailed to the Sender prior to collection. It is the Senders responsibility to attach all appropriate consignment notes and/or labels to the items being transported prior to collection of the freight. If a manual consignment note is filled out by the Sender then a manual consignment fee of $33 will be charged to the nominated credit card or Paypal account without notice unless already discussed prior to collection then the amount will be charged
prior to pick up.
v- HOME ADDRESS FEES- If the goods are being collected from or being delivered to home addresses or private residences then a surcharge of $11 will apply to each location that is a home address if this information has not already been declared upon booking. This fee will be charged to the Senders credit card or Paypal account without notice. If this information has already been declared at the time of quotation or booking, then the home address fees should be included in the cost of transport.
Surcharges of $11.00 for home address will apply if your item is leaving from or delivering to a home address.
vi- SURCHARGES- Credit card surcharges may apply to all bookings and these surcharges vary as the surcharge rates from the banks also vary. Fuel levy may also apply to all booking. Fuel levy charges vary as the price of fuel varies. Extra charges also apply to toll charges and will be billed to nominated credit card.
viI- COLLECTION AGENCY FEES- Should additional charges apply to a Senders booking and that Sender refuses to pay the additional charges, the Carrier has the right to offload the outstanding amount to a debt collection agency such as Dunn & Bradstreet. Should this event occur, the Sender will be required to pay an additional amount of $55 for the administration costs charged to the Carrier for forwarding the debts to the collection agency.
DELIVERY OF FREIGHT
18. The Carrier is authorized to deliver the goods at the address given to the Carrier by the Sender for that purpose. It is expressly agreed that the Carrier shall be taken to have delivered the goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the goods. If the nominated place of delivery should be unattended or if delivery cannot be otherwise effected by the Carrier, the Carrier may at its option deposit the goods at that place and this deposit shall be conclusively presumed to be due delivery hereunder. Alternatively, the Carrier may store the goods and if the goods are stored the Sender shall pay or indemnity the Carrier for all costs and expenses incurred in or about such storage.
19. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable such unenforceability shall not affect any other part of such provision hereof.
20. In respect of contracts made in Queensland these conditions should be read subject to The Carriage of Goods by Land (Carrier’s Liability) Act 1967 of that State but, except where repugnant to the provisions of that Act these conditions shall continue to apply.
21. Where goods are carried on any sea-going vessel the carriage is subject to the terms and conditions of such ship owner's Bill of Lading in use at the time of shipment and in no circumstances shall the Carrier be liable for loss or damage howsoever occasioned whilst the goods are in the care, custody or control of such ship owner.
22. These conditions shall be read subject to any implied terms, conditions or warranties impose by the Trade Practices Act 1974 (as amended) or any other Commonwealth or State legislation which prevents, the exclusion or modification of any such term, condition or warranty.
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