Couriers Please - One-Off Terms and Conditions

Couriers Please - One off customer Terms & Conditions

Definitions and application of conditions
1. In these conditions "We/Us" means Couriers Please Pty Ltd ACN 006 144 734 and our servants, officers, agents and subcontractors; "You" means you the customer, being the shipper, consignor/consignee, and/or owner of the goods to be carried.
2. "Service" means the whole of the operations undertaken by Us in relation to your goods, including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding, consolidation and deconsolidation.
3. These conditions cover the whole of any part of the Services performed by Us for You. All rights, immunities and limitations of liability in these conditions continue to have full force and effect notwithstanding any breach of this contract by Us or any other person entitled to the benefit of its provisions.
4. We are not a common carrier and we accept no liability as such. We may refuse the carriage of goods for any person or corporation, and the carriage of any class of goods (including the manner in which the carriage is performed) is at our discretion.
Warranties and undertakingsYou warrant that:
1. the goods are not Dangerous Goods as classified by the Australian Code for the Transport of Dangerous Goods by Road and Rail;
2. the goods are packed in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;
3. the goods are accurately stated on the web form;
4. You are either the owner of the goods and/or the authorised agent of the person(s) owning or having any interest in the goods;
5. and that You will indemnify Us against any expenses, charges or losses sustained by Us in complying with the requirements of any law or otherwise incurred as breach of these warranties.
Pick upYou will be liable to pay a Futile Booking fee if:
1. no-one is available to despatch the goods on the nominated pick up date and time;
2. our driver refuses pick up because the Couriers Please consignment label is not attached to the goods;
3. our driver refuses pick up because the goods are not packaged correctly to withstand transportation and there is a likelihood of damage occurring to the goods.
4. the sender will not release the goods to our driver on the nominated pick up date and time.
Delivery
1. We are not bound to deliver the goods except to the consignee shown on the web form or to any other person(s) as You may authorise in writing to receive the goods.
2. If We are unable to deliver the goods for any reason (including failure on the part of a receiver to take delivery within a reasonable time) We shall be entitled to handle and store the goods at Your risk and in such a manner as We may in our discretion determine and We shall be entitled to make a reasonable charge in respect of such handling and/or storage and additional charges for each call until delivery is accomplished.
3. We shall be deemed to have delivered the goods to the consignee if We obtain from any person present at the place of delivery confirmation of receipt of the goods.
Responsibility for charges
1. You must prepay the charges relating to the transport of the goods.
2. In addition to the prepaid charges, We may charge you for:
  1. Futile Booking fees, redelivery charges and any storage charges or other expenses incurred due to a failure on Your part at pick up or delivery;
  2. any additional expenses We incur as a result of any incorrect declaration by You of the weight, dimensions, description or packaging of the goods and/or pick up or destination of the goods.
3. 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.
4. You guarantee to pay any additional charges within seven (7) days from the date of invoice issued by Us. We will charge interest calculated at 4% above the base rate of our bank applicable during any periods during which amounts are overdue, as well as all legal and other costs incurred by Us in recovering due amounts.
5. If, on demand, You fail to pay charges due to Us in respect of any Services rendered by Us, We shall have a general lien over the goods and/or any other cargo or items that are Your property, and without notice to You, may sell all or part of the goods and/or any other cargo or items that are Your property which are in Our possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
Our liability
1. The goods are at all time at Your risk and We shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any act or omission, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or misdelivery of the goods whatsoever, howsoever caused.
2. The exclusion of liability in (a) above extends to include not only loss or damage to the goods themselves but loss, damage or injury to any person, property or thing damaged arising from Us providing the Service under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from failure to delivery, delay in delivery or misdelivery, howsoever caused.
3. Notwithstanding any other provision in these conditions of carriage but subject always to clauses (a) and (b) above, if any liability whatsoever, howsoever arising, is found to attach to Us or any of our subcontractors, Our liability shall be limited to the lesser of:
  1. In the case of services supplied under this contract:
    1. The supplying of the services again;
    2. The payment of the cost of supplying the services again; or
    3. The amount of A$1000( less excess)
  2. In the case of goods:
    1. The replacement of the goods or the supply of equivalent goods;
    2. The repair of the goods;
    3. The payment of the cost of replacing the goods or acquiring equivalent goods;
    4. The payment of the cost of repairing the goods; or
    5. In any event, an amount no higher than A$1000( Less excess).
4. You acknowledge that loss or damage are insurable risks and that obtaining adequate insurance is Your responsibility and if You fail or choose not do to do so it is at Your risk, nowithstanding the automatic insurance offered by Us. If you require additional insurance, please telephone 1300 361000. All insurance is arranged by us as an authorised representative of licensed brokers and the contract of insurance so arranged will be between an insurer and You, subject to the insurer"™s terms and conditions. You should read the Product Disclosure Statement. You acknowledge that under the contract of insurance the time for notifying the insurer of a loss may be different from Our requirement under clause 7 below.
Notice of loss and time bar
1. Any claim for loss or damage to the goods or relating to the provision of the Services under this contract must be notified to Us within seven (14) days of delivery of the goods or the date by which the goods should have been delivered, failing receipt of which notice We shall be forever discharged from any and all liability to any person (including You) in respect of the goods and/or Services. In any event, We shall be discharged from any and all liability whatsoever unless suit is brought within nine (9) months of the provision of the Services, delivery of the goods or when the Services should have been provided or when the goods should have been delivered.
Dangerous Goods
1. You shall not tender for carriage any explosive, flammable or otherwise dangerous or damaging goods.
2. We may at any time cause any dangerous goods or goods that we believe are liable to become dangerous goods to be destroyed, disposed of, abandoned or rendered harmless by Us without compensation to You and without prejudicing Our right to any charges payable by You to Us.
Subcontractors
1. We are authorised to subcontract the whole or any part of the Services and such authorisation extends to any subcontractor.
2. Any clause in these terms and conditions excluding or limiting Our liability or providing any right or exemption from liability to Us shall also be available and shall extend to protect all subcontractors and every of Our servants and agents and subcontractors. We are or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons shall to this extent be or be deemed to be parties to this contract.
3. You undertake that no claim will be made against any of Our servants, agents or subcontractors which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or services under this contract. If any such claim should nevertheless be made, You shall indemnify Us against the consequences thereof.
GST
1. Words and expressions used in this clause 10 which have a defined meaning in the A New Tax System (Goods and Services Tax) Act (GST Act) have the same meaning in this clause as in the GST Act. Unless expressly stated otherwise, all consideration to be provided under this document is expressed as exclusive of GST. If GST is payable by a supplier on any supply made under this document, the recipient will, upon receiving a tax invoice from the supplier, pay to the supplier an amount equal to the GST payable on supply.
Law and jurisdiction
1. These conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.