Consignment of Goods - Terms and Conditions

* Effective date December 19th, 2008

1. Introduction

1.1 This Agreement is between Us and You.

1.2 This Agreement sets out our standard terms and conditions of Service provision. Current versions and the applicable date are found on our website at www.greyhoundfreight.com.au, and provide the terms on which we will supply services to you.

1.3 We are not a common carrier. We may refuse to handle, transport or store Goods for you for any reason whatsoever.

2. Definitions

2.1 "Agreement" means the terms and conditions of this contract for services;

2.2 "Business Day" means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;

2.3 "Consignment Note" means any paper consignment note or electronic file provided by you that specifies information required by us to provide the service;

2.4 "Consumer" has the meaning given to it under the Trade Practices Act 1974;

2.5 "Goods" means any Goods accepted from you or from another party on your behalf;

2.6 "IATA" means the International Air Transport Association which is used as reference for our destinations;

2.7 "ICAO" means the International Civil Aviation Organisation;

2.8 "Person" includes a corporation, partnership or any other entity. Where you comprise two or more Persons an agreement or obligation to be performed or observed by you binds those Persons jointly and severally;

2.9 "Services" means all services supplied to you in any capacity;

2.10 "TI" means Technical Instructions for the Safe Transport of Dangerous Goods;

2.11 "We", "Us" and "Our" means Greyhound Australia Pty Ltd ABN 59 104 326 383 and any of its related entities and includes its officers, employees, agents and subcontractors; and

2.12 "You" and "Your" means the sender, consignor or consignee of the carriage as the context may require.

3. Binding terms and conditions

3.1 The only terms which are binding upon us are:

  1. Those set out in this Agreement or otherwise agreed to in writing by us; and
  2. Those, if any, which are imposed by law and which cannot be excluded.

4. Subcontracting

4.1 We and any subcontractor may subcontract part or all of our obligations on any terms.

4.2 You agree that:

  1. Our employees, agents and subcontractors and their employees, agents and subcontractors have the benefit of this Agreement (in particular clauses 11.2 and 12.4) as if they were parties to it; and
  2. We hold that benefit on trust for them and can, if requested by them, enforce it on their behalf.

5. If You are a Consumer

If you are a Consumer, this Agreement does not affect any rights you may have as a result of the Trade Practices Act 1974.

6. You must pay if no-one else does

6.1 Our charges are based on the greater of the actual weight or volume of the Goods. For the purposes of calculating weight we round up to the next whole kilogram. Our cubic measure or volume we use is 250 kilograms equals' one cubic metre.

6.2 Our charges are due as soon as we collect the Goods from you or from the address nominated by you.

6.3 You must pay the charges relating to the transport of the Goods.

6.4 In addition to freight we will charge you for:

  1. Any additional expenses we incur as a result of any incorrect declaration by you of the weight, volume, description or packaging of the Goods. We audit and weigh/measure all items. We will hold a lien on your Goods until all fees are paid in full to Greyhound Freight. Release of the Goods by delivery or collection from our Depots and Agents is not possible until the correct cubic kilograms that travelled on our services have been paid in full;
  2. Any re-delivery. A re-delivery fee equal to the initial delivery charge to the Town or Suburb will apply for all failed deliveries, where no one is at the premises to sign for the Goods. Our Courier will leave a calling card with the telephone number you should ring to arrange another time, or address details from where the Goods may be picked up to avoid the re-delivery fee; and
  3. Any futile pick up where the Goods are not ready in the time band given or no one is in attendance at the premises. An additional pick up fee equal to the original quotation will be charged; and
  4. Any storage charges or other charges or expenses we incur in relation to the Goods. Storage charges commence on the seventh day after the Goods reach their intended destination and will be charged and payable at the rate of $1 per day; and
  5. Any additional expenses we incur as a result of an incorrect delivery address provided by you; and
  6. All payment for consignments accepted by Greyhound Freight are non refundable, no matter the circumstances.

7. Time of the essence

Time is of the essence in respect of your obligation to make payment for services provided by us to you.

8. Sanctions for late payment

8.1 If you default in making payment to us in accordance with these terms and conditions we may in our absolute discretion:

  1. Charge you interest calculated on the portion of your account overdue at the rate of 2% per month from the date on which the default arose; and
  2. Require you to reimburse us for all collection costs including legal costs incurred by us calculated on a solicitor and client basis as a consequence of us instructing our solicitor to provide advice to us in connection with the default and/or to institute such recovery process at our discretion.

8.2 You authorise us to:

  1. Claim a general or particular lien over the Goods, and any documents relating to them, for outstanding payments relating to those Goods or to other Goods which have been, or are to be, handled, transported or stored on your behalf; and
  2. Sell any Goods held by us for outstanding payments by public auction or private sale without any further notice to you.

9. Application of payments

9.1 Any payments tendered by you to us must be applied as follows:

  1. First as reimbursement for any collection costs incurred by us in accordance with clause 8.1(2);
  2. Secondly, in payment of any interest charged to you in accordance with clause 8.1(1); and
  3. Thirdly, in satisfaction or part satisfaction of the oldest portion of your account.

10. Payment for service provided

10.1 Greyhound Freight company sites accept payment by cash, company account (on a seven day Ezi-debit), Eftpos, Master-card or Visa. Other cards may be accepted and may draw a usage fee of 3%.

10.2 Agents for Greyhound Australia accept payment by cash or arrangements made directly with the Agent.

11. Some of Your promises

11.1 Your promises are important because if they are incorrect we may, for example, be fined for unlawfully transporting the Goods.

11.2 You promise us that:

  1. You alone own the Goods, or if there are other owners you act as their agent and they agree to handling, transport and storage of the Goods on the terms of this Agreement;
  2. You have completed the Consignment Note accurately;
  3. Any third party sending or returning Goods to you has completed the Consignment Note accurately or given correct directions to our staff;
  4. The Goods are packaged to withstand handling, transport and storage;
  5. You have complied with all laws in connection with the Goods to ensure that they can be lawfully handled, transported and stored;
  6. You will not sue us for anything arising in connection with this Agreement or the handling, transport or storage of the Goods;
  7. You will indemnify us as soon as we receive any written notice of claim from any person other than you arising directly or indirectly as a result of or in connection with the Service provided by us;
  8. You will indemnify us, for all losses, liabilities and costs actually payable in connection with any claim made against us arising directly or indirectly as a result of or in connection with the Service provided by us;
  9. You will indemnify us for any loss or damage caused to any person, including property damage, as a result of your breach of this Agreement or an act or omission of your customer which is contrary to the provisions of this Agreement; and
  10. The particulars relating to Goods are correct and the Goods are adequately labelled and addressed, whether by you or third parties sending Goods to you, to enable effective delivery to be made without delay.

11.3 It is agreed that the indemnities in this clause will operate, to the extent permitted by law, irrespective of whether any loss or damage arises from a wilful, deliberate or unauthorised act or omission by us.

11.4 If you ask us to deliver Goods which we regard as unacceptable, we may contact you to determine whether you wish to continue with the delivery or return the Goods to you. Any additional charges so incurred by us will be at your expense. If we cannot find you or you do not accept liability for the additional charges then we may dispose of the Goods at our discretion.

12. If Goods are dangerous

12.1 Goods are "dangerous" if those Goods are specified as such by any of the IATA Dangerous Goods Regulations, the Australian Dangerous Goods Code, the ICAO TI, or if they might injure or damage people, property or the environment. They include Goods that are or may become poisonous, corrosive, volatile, explosive, flammable or radioactive.

12.2 You promise to tell us if the Goods are dangerous and agree to give us a full and accurate written description of them on the Consignment Note. Goods are subject to security inspections which may include the use of x-ray equipment.

12.3 Whether or not you have told us that any Goods are dangerous you agree that if we consider on reasonable grounds that the Goods may cause injury or damage we can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable, to the extent permitted by law, to you for any loss or damage you may incur by reason of our actions under this clause.

12.4 You will always bear all risk of loss of or damage to, or arising in connection with, dangerous Goods, to the extent permitted by law.

12.5 If You have asked Us to collect dangerous Goods from a third party then You are responsible for ensuring that the sender of those dangerous Goods completes all relevant legal documents, complies with all laws, attaches the dangerous Goods diamond to the dangerous Goods and supplies all requisite documentation with the dangerous Goods.

12.6 Expressly Excluded Items. We will not carry the following items without written approval of the National Freight Manager:

  • Firearms or live ammunition or any other item that could be described as a weapon
  • Live Animals or Reptiles

13. Authorisations

13.1 You give Greyhound Australia company controlled sites and their direct "Freight" or Senior Management employees the right and

Authority to:

  1. Use any method for handling, storing or carrying the Goods. We will give priority to any instructions given by you, but if such instructions cannot be followed, we will use another method;
  2. Deviate from the usual route of carriage or place of storage;
  3. Carry the Goods by any method we choose. We will give priority to the service selected by you, but if that service is not available, we will use the next best service available;
  4. Sell or dispose of any Goods held by us for a period of ninety days or more, where the Goods remain uncollected or undeliverable. We will do so after taking all reasonable steps to contact both the sender and intended receiver of the Goods; and
  5. Open, inspect and take any action we consider necessary in relation to Goods if we need to verify the condition or nature of the Goods, their ownership or their destination or if we consider the Goods may be unlawful or dangerous.
    1. Only DIRECT "Freight" or Senior Management of Greyhound Australia may use the entire clause (13) as a waiver.
    2. If parcels, baggage or any consignment has cause to be opened under these "Authorisations" we will do so only with two direct company employees present and will record and keep safe any of our findings

14. Delivery and Packaging

14.1 We will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when we receive a signed receipt or delivery docket confirming that the Goods were received in good condition.

14.2 We will not pro-actively notify the receiving party their Goods have arrived. We provide an estimated time of arrival when the Goods are consigned by the sending party, who should provide this to the people they are consigning the items to.

14.3 If that address is unattended, delivery is deemed to have occurred and we may leave the Goods at that address unattended, at our complete discretion.

14.4 If the delivery address is unattended and we elect to re-deliver the Goods, We will charge you for the costs of the re-delivery including any storage costs we may incur (Refer clause 6.4).

14.5 If the delivery address is incorrect we will hold the Goods until we can clarify the delivery address with you. We will charge you for the costs of re-delivery including any additional storage costs we may incur. Where any details vary from those supplied we will charge you the correct charges in addition to any payment already collected. If it is an area where we cannot deliver we will hold for you at our nearest collection site.

14.6 We will not in any circumstances deliver Goods to a post office box.

14.7 All items accepted into the Greyhound Australia freight network must be securely packaged and totally enclosed. Dangerous or sharp items are not suitable for transport.

14.8 Markings and consignment details not related to the current transaction must be removed. Goods must carry the correct consignment number and details including Sender name, address and telephone number, Receiver name, address and telephone number, a description, dimensions, the cubic volume kilograms and weight kilograms of the item.

14.9 Where more than one item is on the consignment note the items must be clearly marked as 1 of 3, 2 of 3 and 3 of 3, where three items represent the consignment total.

14.10 The maximum weight for pick up and delivery by couriers is 25kgs in most cases. If over this weight please contact the Call Centre as other options may be available.

15. Force majeure

If We are prevented from or delayed in complying with one of our obligations under this Agreement by an event beyond our reasonable control, performance by us of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.

16. Notify promptly if you believe you have a claim

16.1 If you believe we are liable to you, you must:

  1. Notify us immediately; and
  2. Send your written notice of claim to us within 14 days.

16.2 If we do not receive a written notice from you within that time, we will have no liability to you. Notwithstanding your claim, you remain liable to pay our charges under this Agreement.

16.3 We will have no liability to you, even if you give us a written notice within that time, if you do not commence legal proceedings against us within 3 months of the date of delivery.

17. Insurance and Compensation Coverage entirely at your risk

17.1 By using our services you acknowledge we have advised you to procure you own insurance coverage for loss or damage. Any loss, damage or subsequential loss or damage to the Goods is entirely at your own risk.

17.2 We are not liable for any form of consequential loss.

17.3 You acknowledge we have recommended you contact your Insurance Agent or Broker to arrange your Insurance requirements. You acknowledge by sending your freight with us, you bare the risk of loss or damage and hold Greyhound Freight free of any claim for compensation.

17.4 Items your Insurance Agent or Broker will in normal circumstances expressly exclude from coverage may include but will not be limited to;

  1. Any item of a delicate, fragile or brittle nature no matter how securely packaged.
  2. Ceramic, Mirrors, Glassware, Antiques, Works of Art, Paintings.
  3. Perishable items including Fish, Plants, Fruits and other edible substances.
  4. Keys, cash, credit cards, jewellery, precious metals, negotiable documents including but not limited to; Shares, Bonds, Deeds, business or travel documentation and Passports.
  5. Electrical or electronic components including but not limited to; laptop computers, mobile phones, cameras and video equipment

18. All other liability to you

18.1 The only conditions and warranties which are binding on us in respect of the Services rendered are those imposed and required to be binding by statute (including the Trade Practices Act 1974).

18.2 Subject to this clause 18.3, and to the extent permitted by law, we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with this Agreement.

18.3 If the Trade Practices Act 1974 or any similar law implies a condition or warranty that cannot be excluded, our liability for a breach of the condition or warranty will be limited to either:

  1. Supplying the services again; or
  2. Paying the cost of having the services supplied again, as determined by us in our absolute discretion.

18.4 Services are supplied at your risk. You:

  1. Bear the risk of loss or damage to the Goods.
  2. Always bear all risk of loss or damage arising in connection with the Goods.

18.5 We are not liable for any delay, loss, or damage arising from the supply of or failure to supply services (including but not limited to any loss of, deterioration in, misdelivery of or failure to deliver, Goods), for any reason whatsoever including breach of agreement, negligence, breach of duty as bailee, or our wilful act or default.

18.6 We have the benefit of these exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever including breach of agreement, negligence, breach of duty as a bailee, or a wilful act or default.

18.7 Except to the extent permitted under this clause 18, we are not liable for any claims for consequential losses including loss of profits.

18.8 We carry your returned Goods for you, and the third parties sending the returned Goods to you, solely at your risk.

19. Goods and services tax

19.1 In this clause:

  1. GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations;
  2. Words used in this clause which have a particular meaning in the GST law (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning, unless the context otherwise requires;
  3. Any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member; and
  4. If the GST law treats part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.

19.2 The charges contained in this Agreement are inclusive of any GST.

20. Taxes and Duties

20.1 Despite any other provision of this Agreement We may pass on as an addition to the price of the Service the amount of any sales tax, use tax, consumption tax, Goods and services tax, value added tax, import tax, export tax, customs tax or any similar tax, impost, or duty (tax) levied on the Service or payable by us in respect of the Services supplied to you under this Agreement.

20.2 Clause 20.1 applies:

  1. Whether the tax is levied under Australian federal, state or territorial law or by the law of any other place; and
  2. Whether the imposition of the tax is in force at the commencement of this Agreement or comes into force at a later time.

21. Waiver

21.1 A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

21.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

21.3 A waiver is not effective unless it is in writing.

21.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

21.5 This Agreement cannot be waived or varied except by us.

22. Notices

22.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless it is in writing.

22.2 In addition to any other method of service provided by law, the Notice may be:

  1. Sent by prepaid post to the address of the addressee set out in this Agreement or subsequently notified;
  2. Sent by facsimile to the facsimile number of the addressee; or
  3. Delivered at the address of the addressee set out in this Agreement or subsequently notified.

22.3 If the Notice is sent or delivered in a manner provided by clause 22.2, it must be treated as given to and received by the party to which it is addressed:

  1. If sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;
  2. If sent by facsimile before 5pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
  3. If otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

22.4 Despite clause 22.3 (3):

  1. A facsimile is not treated as given or received unless at the end of the transmission the sender's facsimile machine issues a report confirming the transmission of the number of pages in the Notice;
  2. A facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.

22.5 A Notice sent or delivered in a manner provided by clause 22.4 must be treated as validly given to and received by the party to which it is addressed even if:

  1. The addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
  2. The Notice is returned unclaimed.

22.6 Any Notice by a party may be given and may be signed by its solicitor.

22.7 Any Notice to a party may be given to its solicitor by any of the means listed in clause 22.2 to the solicitor's business address or facsimile number.

23. Governing Law & Jurisdiction

23.1 This Agreement is governed by the laws of Queensland. Each party irrevocably submits to this non-exclusive jurisdiction.

24. Privacy

24.1 You agree that we may use your information for our legitimate functions, including promotions. We will not disclose your personal information except as required to perform our functions or if required to do so by any other Commonwealth, state or territory law. We will only use third party information for the purpose of delivering or collecting or for purposes directly related to delivering or collecting a particular consignment. Third party information will then be stored as part of our record keeping process.

25. General Conditions

25.1 We reserve the right to vary, amend or cancel the terms and conditions of Service and may do so by advertising our current terms and conditions on our Internet site www.greyhoundfreight.com.au with the date of application.