Terms & Conditions

1. Harper Jack Haulage Pty Ltd (hereinafter referred to as “the Carrier” which expression shall include unless the context otherwise requires its servants, agents and sub-contractors) IS NOT A COMMON CARRIER AND WILL ACCEPT NO LIABILITY AS SUCH. All articles carried or transported and all storage and other services performed by the Carrier are subject to these conditions and THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PARTICULAR INDIVIDUAL, FIRM OR COMPANY AND THE CARRIAGE AND TRANSPORT OF ANY CLASS OF
ARTICLES AT ITS DISCRETION.

2. The goods are accepted by the carrier subject to the following conditions:

that they comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and any expenses and charges incurred by the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any authority or other party shall be paid by the Consignor

that if any goods are subject to the control of the customs, all duty, excise duty and costs which the carrier becomes liable to pay and does pay shall be paid by the consignor

that the goods are fully described in writing in the space provided hereon

that the goods do not contain explosive, inflammable or otherwise dangerous or damaging goods other than as are specifically disclosed as such thereon

3. The Consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such sub-contractor.

4. If the Consignor instructs the Carrier to use a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier the Consignor shall be deemed to authorise him to carry or have the goods carried by another method or methods.

5. The Consignor shall be deemed to authorise any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

6. Freight will be considered earned as soon as the goods are loaded and dispatched.

7. The Carrier shall have a general lien on the goods, any documents relating to the goods and on any other goods of the Consignor in the possession of the Carrier for all charges and other amounts payable by the Consignor to the Carrier and for that purpose the Carrier may sell all or any of the goods of the Consignor in its possession without notice to the Consignor and apply the proceeds in or towards the discharge of the lien together with all charges and expenses of detention or retention the costs of sale without liability to any person whatsoever and without prejudice to the right of the Carrier to otherwise recover the charges and other amounts payable to the Carrier in respect of the carriage of the goods, the Carrier will render the surplus from the sale to the party entitled to the money if any.

8. TO THE EXTENT PERMITTED AT LAW AND UNDER THE TRADE PRACTICES ACT 1974 AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, NO RESPONSIBILITY in tort or contract or otherwise WILL BE ACCEPTED BY THE CARRIER FOR ANY LOSS OF OR DAMAGE TO OR FAILURE TO DELIVER OR DELAY IN THE DELIVERY OF GOODS either in handling, packing, or in transit or in storage and whether caused by negligence, wrongful act or default of the Carrier or by any other cause whatsoever. This disclaimer extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person property or thing damaged during the movement, and to include any loss consequently or otherwise arising from any such loss, damage or injury. The Consignee may elect to be in attendance to receipt the goods or have them left at a nominated address.

9. (a) Where the Gold Service has been chosen for any goods or collection of goods listed on the Consignment Note in section 3, clause 8 does not apply to loss or damage to those goods in the Carrier’s care, custody or control in Australia or anywhere in the world, other than arising from or connected with:

(i) ordinary leakage, loss in weight or volume;

(ii) consequential loss of any kind (including loss of intrinsic value of the goods);

(iii) wars or strikes, actions of government or customs authorities, nuclear or radioactive contamination, or mould;

(iv) insufficiency of packing other than by or on behalf of the Carrier;

(v) mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown; or

(vi) where the Consignee has acknowledged satisfactory and safe delivery of the goods by signing the delivery document.

(b) Clause 9(a) does not apply, to the extent permitted at law and under the Trade

Practices Act 1974:

(i) to bullion, cash, coins, banknotes, deeds, bond, bills of exchange or other documents representing money, jewellery, gold or silver articles, precious stones or articles containing gold, silver or precious stones, livestock or bloodstock or living plants/things;

(ii) for more than the market value of each good or collection of goods set out in section 3;

(iii) to the first $250 of loss or damage for any one Consignment.

(c) Subject to clause 9(b), the Consignor agrees:

(i) to notify the Carrier of any loss or damage to goods upon receipt of the goods and make an appropriate notation on the delivery docket. Section 9(a) does not apply to any notification of loss or damage made more than 7 days after receipt of the goods;

(ii) to declare the actual market value of the goods or collection of goods in section 3 of the Consignment Note. If the declared value of the goods or the collections of goods declared in section 3 of the Consignment Note (Declared Value of Goods) is less than the actual market value of the corresponding goods or collection of goods (Actual Value of Goods) the Carrier will not be liable for more than the amount in the following formula: [Declared Value of Goods divided by Actual Value of Goods] multiplied by Declared Value of Goods

(iii) that for goods that are an entire set of goods or for pairs of goods where not all items of the set or pair are lost or damaged, liability will be limited to the damaged part of the goods only;

(iv) to provide evidence of damage to the goods and the amount of any loss or damage, at the request of the Carrier. The Consignor must retain the damaged goods for inspection by the Carrier or its agents or nominees; (v) that the Carrier will have full control over deciding whether to repair or replace the goods or the damaged or undelivered goods. Repairs and replacements will be undertaken in the most economical way at the discretion of the Carrier. It is at the Carrier’s discretion to make cash payments to the Consignor for the damaged or undelivered goods. Antiques, collections, collectables, works of art, curios and items of that nature may be replaced at the discretion of the Carrier.

10. In circumstances where the Consignee of the goods elects to be in attendance to receipt the goods and is not in attendance at the address given during normal business hours when delivery is attempted an additional charge may be made at ruling rates for each delivery until delivery is accomplished. If the Consignee elects to not be in attendance when the goods are delivered then the goods may be left without receipt at the nominated address. If the nominated address for delivery is another PACK & SEND store
and the goods are not collected within 5 business days from the date of delivery then the Consignee must pay a storage fee of $A$1.10 (incl GST) per item per day for each day the goods remain uncollected. The goods will not be released until the fee is paid in full.

11. Every special instruction to the effect that charges shall be paid by any person other than the Consignor shall be deemed to include a stipulation that if such other person does not pay the said charges within 7 days of the date set for payment, within 7 days of the delivery or intended delivery of the goods, the Consignor shall pay the said charges.

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

13. To the extent permitted at law and under the Trade Practices Act 1974, liability of the Carrier arising out of any one incident whether or not there has been any declaration of value of the goods, for breach of warranty implied into these terms and conditions by the Trade Practices Act 1974 or howsoever arising, is limited to any of the following as determined by the Carrier:

a. the supplying of the service again; or

b. the payment of the cost of having the services supplied again

14. The Carrier shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the Company within six months after delivery of goods or the date when the goods should have been delivered. In the event that the said time period shall be found contrary to any Convention or law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstance only.

a. In the case of carriage by sea, the value will not be declared or inserted in the Bill of Lading for the purpose of extending the Shipowners’ liability under Article IV Rule 5(a) of schedule 1 of the Carriage of Goods by sea Act 1991 except upon the express instructions given in writing by the customer.

b. In the case of Carriage by air, no optional declaration of value to increase the Air Carriers liability under the Carriage by Civil Aviation (Carriers Liability) Act 1959, Article 22(2) of Schedule 1 as amended by Schedule 2 will be made except upon express instructions given in writing to the customer.

c. In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and goods will be forwarded or dealt with at owners risk or other minimum charges unless express instructions in writing to the contrary are given by the customer.

15. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods, the Carrier in addition to acting for itself, is acting as agent and trustee for each of its servants and also any other person or company with whom the Carrier may arrange for the cartage of the goods and the servants of such person or company so that its servants and such person or company and his or its servants are parties to this contract so far as the said clause or clauses
containing exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for its servants and for any such person or company and his or its servants.

16. a. The within contract shall be governed and construed in accordance with the laws of New South Wales.

b. In the event that notwithstanding this condition this contract shall be held to be subject to the laws of some other State or Territory as the proper law of the contract, then except where repugnant to the provisions of those laws, these conditions shall apply.

17. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Consignor.

18. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by an officer of the Carrier.

19. In respect of contracts made in Queensland these conditions shall be read subject to the Carriage of Goods by Land (Carriers Liability) Act 1967, of that State but except where repugnant to the provisions of that Act shall continue to apply.

20. NOTWITHSTANDING ANY CONDITION HEREIN LIMITING OR EXCLUDING THE LIABILITY OF THE CARRIER, where the contract involves the transportation of goods otherwise than for the purpose of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported, the contract shall be subject to the warranty or warranties implied by Section 74 of the Trade Practices Act 1974 and in particular the warranty by the Carrier that such transportation will be rendered with due care and skill.

21. In the event that, whether pursuant to any liability imposed on the Carrier or otherwise, the Carrier makes any payments to the Consignor in respect of loss or damage to or delay in delivery of goods (including consequential loss), the Consignor hereby assigns the Carrier all rights which the Consignor may have under any policy of insurance to recover such loss and the Consignor hereby irrevocably appoints the Carrier as the Attorney of the Consignor with full power in the Consignor’s name to claim, demand, sue for, recover any such amount and the Consignor shall execute all such documents and provide all such information as may be necessary to enable the Carrier to obtain full benefit of this clause.

22. Insurance will be the sole responsibility of the Consignor. Insurance will not be specifically arranged by the Carrier. The Carrier shall be under no liability whatsoever for the adequacy of the insurance or the failure to effect such insurance by the Consignor.

23. PRIVACY

The information collected in this document will be used primarily for the purposes of conducting the services and may be used to forward you information regarding the Carrier’s products and services. Access to the information is available subject to certain conditions.