Conditions of Contract

1. In these Terms and Conditions:

“Company” means AKIE PTY LTD trading as IJ & KM Knighton

"Consignment" means the goods accepted from the Consignor together with any containers, packaging or pallets supplied by or on behalf of the Consignor and used in the carriage, transportation and/or storage of those goods.

“Consignor” shall include any person who delivers goods to the company for the provision of services.

“Goods” shall mean the cargo accepted from the consignor.

“Services” shall mean and include the whole of the operation and services undertaken by the company in respect of the goods including but not limited to the carriage, transport and/or the storage of the goods.

“Subcontractor” shall include any person who pursuant to a contractor arrangement with any person (whether or not the company) performs the carriage or any part thereof.

2. The company is not a common carrier and shall accept no liability as such. All goods carried, transported and/or stored and all services by the company subject only to these terms and conditions and the company reserves the right to refuse the carriage, transport and/or storage of the goods for any person, corporation or company and the carriage, transport and/or storage of any class of goods at its sole discretion.

3. (i) It is agreed that the person delivering the goods to the company is authorized to sign the documentation evidencing this contract for the consignor.

(ii) The consignor warrants that in agreeing to the terms hereof it is, or has authority of the person or persons owning or having any interest in the goods or any part thereof.

(iii) Without prejudice to the generality of the foregoing, the consignor undertakes to indemnify the company in respect of any liability whatsoever in respect of the goods to any person (other than the consignor) who claims to have, who has or who may hereafter have any interesting the goods or any part thereof.

4. (i) The company and any subcontractor shall be entitled to subcontract on any terms the whole or any part of the services.

(ii) The consignor undertakes that no claim or allegation shall be made, whether by the consignor or any other person who is or may hereafter be interested in the goods, against any person (other than the company) by whom (whether as subcontractor, principal, employer, servant, agent or otherwise) the services or any part thereof are provided which imposes or attempts to impose upon such person any liability whatsoever in connection with the goods whether or not arising out of negligence on the part of such person and if such claim or allegation should nevertheless be made to indemnify the company and the person against whom such claim or allegation is make against the consequences thereof. Without prejudice to the foregoing and for the purpose of this clause the company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them shall to this extent be or be deemed to be parties to this contract.

5. Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the company or to which the company is entitled hereunder shall also be available and shall extend to protect – (a) all subcontractors; (b) every servant or agent of the company or of a subcontractor; (c) every other person (other than the company) by whom the services or any part thereof are provided; and (d) all persons who are or may be vicariously liable for the acts or omissions of any person failing within (a), (b) or (c) hereof and for the purpose of this clause the company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.

6. (i) If and only if the company has agreed to insure the goods then the company is liable to the consignor, in relation to the provision to services, for physical loss of or damage to the goods up to the limit of such insurance.

(ii) In any event subject only to sub-clause (i) and to clause 22 hereof the goods are at the risk of the consignor and not the company, and the company shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or miss-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 what so ever, including without limiting the forgoing the negligence or breach of contract, or wilful act of default of the company or others and this clause shall apply to all such loss of or damage of or deterioration or miss-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 company of the contract or in events which are in the contemplation of the company and/or the consignor or in events which are foreseeable by them or in events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.

7. If the consignor expressly or impliedly instructs the company to use or it is expressly or impliedly agreed that the company shall use a particular method of handling or storing the goods or a particular method of carriage, whether by road, sea or air the company shall give priority to that method but in any event the method or methods of handling, storing and/or carriage adopted by the company shall remain at the sole discretion of the company and the consignor hereby authorises the company to adopt any method or methods other than the method instructed or agreed.

8. The consignor hereby authorises any deviation from the usual route of carriage or place of storage of goods which may in the absolute discretion of the company be deemed desirable or necessary in the circumstances.

9. (i) The company is authorised to deliver the goods at the address nominated to the company by the consignor for that purpose and without prejudice to the forgoing it is expressly agreed that the company shall be conclusively presumed 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.

(ii) If the nominated place of delivery should be unattended or if delivery cannot otherwise by affected by the company, the company may at its option deposit the goods at that place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the company the consignor shall pay or indemnify the company for all costs and expenses incurred in or about such storage in the event that the goods are stored by the company, the company shall be at liberty to redeliver them to the consignor from the place of storage at the consignor expense.

10. The consignor shall be and remain responsible to the company for all it proper charges incurred for any reason. A charge may be made by the company in respect of any delay in excess of thirty minutes in loading or unloading occurring other than from the default of the company. Such permissibly delay period shall commence upon the company reporting for loading or unloading. Labour to load or unload goods shall be the responsibility and expense of the consignor or consignee.

11. The company’s charges shall be deemed fully earned as soon as the goods are loaded and despatched from the consignors premises or accepted for storage and shall be payable and not refundable in any event.

12. The company shall have a lien on the goods and any documents relating there to and on any other goods of the consignor in the possession of the company or any documents relating thereto for all sums payable by the consignor to the company and for that purpose shall have the right to sell such goods by public auction or private treaty without notice to the consignor.

13. (i) The consignor shall not tender for carriage or storage any volatile spirits or explosive goods or goods which are or may become dangerous, inflammable or offensive (including radio-active materials) or which are or may become liable to damage any property what so ever without presenting a full description disclosing the nature of such goods and in any event shall be liable for all loss and damage caused thereby and if in the opinion of the company the goods are or are liable to become of a dangerous, inflammable, explosive, volatile, offensive or damaging nature the same may at any time be destroyed, disposed of , abandoned or rendered harmless by the company, without compensation to the consignor and without prejudice to the company’s right to any charges hereunder.

(ii) The consignor warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the goods and that the goods packed in a manner adequate to withstand the ordinary risks of storage and/or carriage having regard to their nature and hereby indemnifies the company for any liability whatsoever as a result of or a rising out of the consignors failure to comply with each of these warranties.

14. It is agreed that the consignor shall be responsible for the conformity of any containers, packaging or pallets with any requirements of the consignee and for any expenses incurred by the company arising from any failure to so inform.

15. It is agreed that no servant or agent of the company nor any other person has any power to waive or vary any of the terms hereof unless such waiver of variation is in writing and signed by an executive officer of the company.

16. If the company is liable for damage to or loss of the goods or any part thereof, no claim in respect of such loss or damage maybe made unless notice of the claim is lodged in writing at an office of the company in the state in which delivery was or ought to have been effected within seven (7) days after delivery was effected or would in the ordinary course of business have been effected.

17. Notwithstanding any other provision hereof other than clause 22 hereof the company shall in the event be discharged from all liability whatsoever in respect of the goods unless suit is brought within six (6) months from their delivery, or from the date on which in the ordinary course of business delivery would have been effected.

18. All goods received by the company for carriage, forwarding or storage are accepted subject to the conditions that the company shall accept no responsibility for the collection of cash on delivery or any other payments on behalf of the consignor or any other person. When the goods are tendered by any person with instructions for the company to collect any such payments the company shall not be bound by such instructions not withstanding that the company may accept the goods as tendered and perform other services of carriage, forwarding or storage in relation to those goods.

19. All the rights, immunities and limitations of liability in the above terms shall continue to have their full force and effect in all circumstances and notwithstanding any breech of this contract or any of these terms and conditions hereof by the company or any other person entitled to the benefit of such provisions.

20. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable such unenforcability shall not effect any other part of such provision hereof.

21. The consignor acknowledges that it is aware and understands any applicable legislation relating to the disposal of uncollected goods and confirms that its place of abode for the purpose of that legislation is that set out on the documentation evidencing this contract.

22. Notwithstanding anything herein contained the company 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 such warranty.