Customer’s Warranties Acknowledgements and Indemnities

4. Customer’s Warranties Acknowledgements and Indemnities 4.1 The Customer warrants that – 4.1.1 the Goods are fit for carriage and that they are not dangerous; 4.1.2 the Customer has the authority of all persons owning or interested in the Goods to enter into his contract for them; 4.1.3 the person delivering any Goods to the Carrier is authorised to sign this document and in so doing accepts these terms and conditions. 4.2 The Customer acknowledges that – 4.2.1 no agent or employee of the Carrier can alter or vary these conditions; 4.2.2 no representations have been made by any employee or agent of the Carrier to the Customer; 4.2.3 the Carrier may inspect the Goods and for such purpose may open or remove any packaging. 4.3 The Customer shall indemnify the Carrier against – 4.3.1 all costs, demands, claims or expenses whatsoever any by whomsoever made arising as a result of the Customer making an incorrect description or advising of incorrect weight of the Goods; 4.3.2 any loss to the Carrier’s containers and other equipment which appears due to the nature or condition of the Goods carried; 4.3.3 any loss or damage including suffered by the Carrier resulting from the Customer’s unreasonable detention of any containers or any other equipment; 4.3.4 any loss which may be suffered by the Carrier as a result of any breach by the Customer of any of the warranties and acknowledgements herein. 4.4 For the purpose of this clause, “loss” expressly includes – 4.4.1 consequential loss; and 4.4.2 any fine, levy, charge or other monetary imposition to which the Carrier may become liable incidental to the carriage, and resulting from any breach by the Customer of this agreement.

Himalaya Clause/ Subcontracting

5. Himalaya Clause/ Subcontracting 5.1 The Customer acknowledges the Carrier enters into this Agreement on its own behalf and on behalf of its servants, agents and sub- contractors, and undertakes that no claim or allegation shall be made against any servant, agent or subcontractor of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods whether or not arising out of negligence or a wilful act or omission on the part of any of them, and if any such claim or allegation should nevertheless be made to indemnify the Carrier against all consequences thereof. 5.2 The Customer shall save harmless and keep the Carrier indemnified against all claims or demands whatsoever by whomsoever made in excess of the liability of the Carrier under conditions in respect of any loss, damage or injury however caused, whether or not by negligence or wilful act or omission of the Carrier, his servants, agents or subcontractors.

Route + Deviation

6. Route and Deviation 6.1 The Customer authorises any deviation from the Carrier’s usual route or manner of carriage which may in the Carriers’ discretion be necessary. Carriage commences when the Goods are delivered to the Carrier at the place of receipt and Carriage ceases when the Goods are tendered at the place of delivery. 6.2 The Customer agrees and hereby authorises the Carrier at its discretion and at any time without notice to the Customer to – 6.2.1 use any means of transport or storage whatsoever. The Customer authorises the Carrier to adopt such specialist Carriage which may require the use of other services of other organisations or bodies necessary to ensure the safety of others (such as other road users) and to comply with all government requirements. Specialist carriage may involve police or private escorts, road closures and or transport control by the relevant government authority and the use of specialist equipment such as special cooling; 6.2.2 proceed by any route whether or not it is the nearest or most direct or customary route; 6.2.3 proceed to or stay at any place whatsoever (although in a contrary direction to, or out of or beyond the customary or intended or advertised routes) once or more often in any order backwards or forwards, and store the Goods at any such place whatsoever; and 6.2.4 comply with any order directions or recommendations as to loading, unloading, departure, routes, place or call, stoppages, destination, arrival, discharge, delivery or any other ways whatsoever given by any government or authority or any personal body acting or purporting to act with the authority of such government authority. 6.3 Any action taken by the Carrier under this clause and any delay resulting therefrom shall be deemed to be included within the contractual route and shall not be a deviation. 6.4 If the Carrier effects arrangements for storage or preservation of the goods after delivery it does so as agent of the Customer and solely at the Customer’s risk and expense.

Liability

7. Liability 7.1 At all times and in all circumstances and for all purposes the Goods shall be and remain at the sole risk of the Customer and the Carrier shall be under no liability whatsoever. Without limiting the generality thereof, the Carrier shall not be liable for any loss or damage to Goods occasioned during carriage arising from an Act of God, or any consequence of was or confiscation, requisition, destruction of, or damage under the order of any government or public or local authority; or seizure under legal process; or any Act or omission whether wilful, reckless, negligent or otherwise of the Carrier or its servants or agents or sub-contractors; or any latent defect or inherent defect, inherent vice or natural deterioration or waste of the Goods; or civil commotion, lockout, general or article stoppage or restraint of labour from whatever cause whether partial or general; or the customer not taking or accepting delivery; of any act omission or neglect of the Customer; or compliance with the instructions of any person entitled to given them, or insufficient or improper packing; or improper labelling or addressing forward by the Customer, handling loading, storage or unloading the Goods by the Customer. 7.2 The defences and exclusions of liability provided for in this clause and throughout the Agreement generally apply in any action (whether based on contract, tort or any other cause of action howsoever arising) against the Carrier for loss or damage to the Goods. 7.3 The Carrier shall be entitled to the benefit of the exclusion of liability provided for herein even if it is proved that the loss or damage resulted from an act or omission of the Carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result. 7.4 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of this agreement or otherwise howsoever lawfully or unlawfully, shall under any circumstances constitute a breach going to the root of this Agreement, or a deviation or departure therefrom or repudiation thereof such as to have the effect of disentitling the Carrier from obtaining the benefit of the enforcing all rights, defences, exceptions, immunities and limitation of liability and other like protections contained in those conditions and all such rights, defences, exceptions, immunities, limitations of liability and like protection shall continue to have full force and effect in any event whatsoever. For the purposes of this clause “loss” includes consequential loss. 7.5 The Carrier shall not be liable for any loss or damage to Goods arising from deterioration, contamination, evaporation, breakdown or malfunction of any refrigeration or cooling equipment, wrongful delivery, misdelivery, delay in delivery or non delivery of Goods whensoever or howsoever occurring or any damage injury or loss of any nature whatsoever sustained or arising during carriage of the Goods.

Force Majeure

8. Force Majeure 8.1 Where a party is unable, wholly or in part, by reason of any fact, circumstance, matter or thing beyond the reasonable control of the party affected “force majeure”, to carry out any obligation under this Agreement, and that party – 8.1.1 gives the other party prompt notice of such force majeure with reasonable full particulars thereof, and insofar as is known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; and 8.1.2 uses all possible diligence to remove that force majeure as quickly as possible; that obligation is suspended, so far as it is affected by force majeure, during the continuance thereof. 8.2 Any obligation to pay money under this Agreement shall not be excused by force majeure. 8.3 The requirement that any force majeure shall be removed with all possible diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the party affected.

General Lien

9. General Lien 9.1 Goods are received and held by the Carrier subject to a lien for moneys due to the Carrier for the carriage and other people charges or expenses upon or in connection with the Goods; and a general lien for all moneys or charges due to the Carrier from the Customer for any services rendered or accommodation provided by the Carrier to the Customer. 9.2 Where any lien remains unsatisfied with seven (7) days from the date on which the Carrier gave notice of the exercise of its lien to the Customer, the Goods may at the Carrier’s discretion be sold by public auction or private treaty and the proceeds of sale applied in or toward the satisfaction of every such lien and all proper charges and expenses in relation thereto (including the expenses of the sale) an the Carrier shall account to the Customer for any surplus.

Insurance

10. Insurance 10.1 The Carrier will not effect any insurance of the goods for the benefit of the Customer or otherwise, except: 10.1.1 on the prior written instruction of the Customer; and 10.1.2 at the Customer’s sole expense. 10.2 Should the Customer fail to specify the class of any insurance to be effected pursuant to clause 10.1, the Carrier may effect that class of insurance which the Carrier in its discretion considers most appropriate to the Goods. 10.3 Any insurance effected pursuant to clause 10.1 shall exclude – 10.3.1 all claims resultant from wear, tear, moths, vermin, damp, mildew or loss of market; 10.3.2 all claims resultant from loss, damage or expense proximately caused by delay; 10.3.3 strikes, riots, civil commotions or malicious damage of the Goods insured; 10.3.4 gradual deterioration, rust or oxidisation unless due to or consequent upon fire, collision, overturning or other accident; or 10.3.5 any other exclusion advised by the Customer to the Carrier prior to the effecting of such insurance.

Dangerous or Fragile Goods

11. Dangerous or Fragile Goods 11.1 If the Carrier accepts Dangerous Goods for carriage such Goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with statutory obligations applicable to the carriage of those Goods. 11.2 The Customer shall indemnify the Carrier against all loss, (including consequential loss) damage or injury however caused arising out of the carriage of any Dangerous Goods, whether declared as such or not and whether or not the Customer was aware of the nature of the Goods. 11.3 Where dangerous Goods were delivered to the Carrier without written consent or where they are not distinctly marked to indicate the nature and character of the Goods or if in the opinion of the Carrier the articles are or are liable to become of a dangerous and flammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to the Carrier’s right to the charges. 11.4 The Customer undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature and in compliance with all laws and regulations which may be applicable during carriage.

Storage

12. Storage 12.1 Any storage of Goods shall be as agent of the Customer and solely at the Customer’s risk and expense, but the provisions of clause 7 hereof shall nevertheless apply. 12.2 At the Carrier’s discretion the goods may be stored at any place and at any time and be removed from any place at which they may be stored or otherwise held to any other place to be stored. 12.3 Where the Customer requires the Carrier to store the Goods the Customer shall provide an inventory of the Goods to the Carrier prior to the storage. The Carrier shall be entitled to check the inventory and provide its own inventory of the Goods received at the time of receipt. The Carrier shall provide the Customer with a copy of the inventory. Should the Customer sign the inventory, the inventory shall be conclusive evidence of the Goods received by the Carrier. Such inventory shall disclose any visible items but not any contents unless the Customer requires in which case the Carrier shall be entitled to make a reasonable charge for preparation of such further inventory. Inspection of the Goods shall be at the Customer’s risk.

Charges + Payments

13. Charges and Payments 13.1 All Charges are to be paid on delivery of the Goods to the destination but in any event not later than fourteen (14) days after delivery. The Customer must pay the charges specified overleaf plus any additional charges and fees which may be incurred in accordance with the terms of this Agreement. If no charge is specified overleaf the Customer must pay a charge calculated in accordance with the Carrier’s schedule of rates as varied from time to time. Should there be no agreed or specified or applicable rate then a reasonable rate shall be applicable. The charges will be deemed to be earned on acceptance of the Goods for Carriage. 13.2 As well as charges specified overleaf the Customer must pay on demand any expenses or other charges reasonably incurred by the Carrier and in relation to the provision of the Carriage including without limit the expenses incurred for any packaging or for any road, rail, air, or sea travel by the Goods or staff or for any accommodation. Unless otherwise agreed in writing the Customer is responsible for – (a) the cost of any services of third parties or of specialist Carriage; and (b) a reasonable amount of any unusual or reasonably unexpected aspects of the provision of the Carriage. 13.3 Where the work required by the Customer to be undertaken varies from the work for which a quotation or estimate is given (for example, as to the nature of the quantity of the Goods, nature and location of the premises to which Goods are to be carried, facilities available for packing, loading or unloading times or date), the Carrier shall be entitled to make a reasonable additional charge. 13.4 Unless otherwise specified in writing overleaf, goods and services tax and any other applicable duties and charges imposed by any government or statutory authority are additional to any charges quoted and invoiced and shall be the responsibility of the Customer. 13.5 Where goods and services tax or any other applicable duties or Charges are included in the quotation, it is based on the rate ruling at the time of the quotation and any subsequent variation is to the Customer’s account.

Queensland Courts

14. Queensland Courts The parties to the Agreement consent to any dispute arising under or out of this Agreement being subject to the non-exclusive jurisdiction of the courts of the State of Queensland.

Standards

15. Standards Any packing, label or other services the Customer provides will be performed in compliance with the applicable dangerous goods codes and any applicable laws and with any Australian standards or applicable international standards.

Waste Contaminated + or Nuclear Material

16. Waste Contaminated and or Nuclear Material 16.1 At no time will the Carrier acquire ownership of the Goods where they consist of waste, contaminated and or nuclear material (“the material”) unless the Carrier elects to do so in writing. 16.2 If the Carrier is unable to dispose of the material for any reason outside its control in the manner contemplated by this agreement at the time the Carrier entered into the Agreement, the Carrier will be at liberty and at the expense of the customer and cost of the Customer to dispose of the material in some other manner or return it to the Customer.

Warranty of Authority

17. Warranty of Authority 17.1 The Customer warrants to the Carrier that the Customer is either the owner of the Goods or the authorised agent of the owner of the Goods and by entering into this agreement accepts these conditions as Consignor and for the Consignee and for any other person or persons on whole behalf the Customer is acting. The Customer further warrants that it is authorised to sign the Agreement as and for the Consignor. 17.2 Notwithstanding any other term or condition the Customer is liable and agrees to be bound by the terms and conditions as the Customer.