In these terms and conditions:

"Carriage" means and includes any carrying or other work performed or agreed to be performed in relation to the Goods;

"Carrier" means Rex J. Andrews Pty Limited ABN 27 003 839 718 its servants and agents, sub-contractors and assigns;

"Client" means and includes the person who engages the Carrier to carry the Goods;

"Goods" means and includes goods of any type or description whatsoever whether originally contracted for, substituted for or added to the original contract;

In this document, unless the context otherwise requires:

1. words importing:

1. the singular include the plural and vice versa;
2. any gender include the other genders;

1. an obligation of two (2) or more parties shall bind them jointly and severally;
2. if a word or phrase is defined, cognate words and phrases have corresponding definitions:
3. a reference to:

1. a person includes a corporation and bodies politic:
2. a person includes the legal personal representatives, successors and assigns of that person:
3. a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactment’s or replacements of any of them made by any legislative authority.

The Carrier is not a common carrier and does not undertake the obligations or liability of a common carrier. The Carrier reserves the right to refuse the Cartage or transport of Goods for any person, co-operation or company and the Cartage or transport for any class of goods at its discretion.

1. It is agreed that the person delivering the Goods to the Carrier for the Cartage is authorised to sign the consignment note for the client.
2. The Client warrants that in agreeing to the terms hereof, he is or has the authority of the person or persons owning or having any interest in the Goods or any part thereof.
3. Without prejudice to the generality of the foregoing, the Client undertakes to indemnify the Carrier in respect of any liability whatsoever in respect of the Goods, to any person other than the client who claims to have or has or may hereinafter have any interest in the Goods or any part thereof.

5. Right to sub-contract

1. The Carrier and any sub-contractor shall be entitled to sub-contract on any terms the whole or any part of the Cartage.
2. The Client undertakes that no claim or allegation shall be made, whatsoever by the Client or any other person who is or may hereafter be interested in the Goods, against any person (other than the Carrier) by whom (whether as sub-contractor, principal, employer, servant, agent or otherwise) the Carriage of any part thereof is performed or undertaken 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 Carrier and the person against whom such claim or allegation is made against the consequences thereof. Without prejudice to the foregoing and for the purpose of this clause the Carrier 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.

Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect:

1. all sub-contractors;
2. every servant or agent of the Carrier or of a sub-contractor,
3. every other person (other than the Carrier) by whom the Carriage or any part thereof is performed or undertaken:
4. all persons who are or might be vicariously liable for the acts or omissions of any person falling within (a), (b) or (c) hereof and for the purposes of this clause the Carrier 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 the parties to this contract.

The Goods shall be carried and the Carriage shall be performed subject only to these terms and conditions and any terms, conditions warranties implied by statute which cannot be excluded.

1. The Carrier shall be liable to the Client only for its willful neglect or default or default of that of its servants in respect of the Carriage of the Goods for physical loss of the Goods or damage to the Goods up to a Limit of $200.00 whether or not there has been a declaration of value of the Goods or any of them by the Client for the purposes of the Cartage or otherwise. The Carrier however will endeavor to effect an insurance on behalf of the Client against greater loss or damage provided it receives instructions from the Client in writing and he premium is duly paid by the Client prior to the commencement of the Carriage.
2. In any event subject only to sub-clause (a) and to clauses 23 and 24, the Goods are at the risk of the Client and not the Carrier and the Carrier shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration of the Goods or miss-delivery or failure to deliver or delay in delivery of the Goods either in transit or storage for any reason whatsoever including without limiting the foregoing the negligence or breach of contract or willful act or default of the Carrier or others and this clause shall apply to all such loss or damage to or deterioration of the Goods or miss-delivery or failure to deliver or delay in delivery of the Goods as aforesaid whether or not the same occurs in the course of performance by or on behalf of the Carrier of the contract or in events which are in the contemplation of the Carrier and/or the Client or in events which are foreseeable by them or either of them or in events which could constitute fundamental breach of the contract or a breach of a fundamental term thereof.

The Client Indemnifies the Carrier and shall keep it indemnified in respect of any liability to any person, corporation or company for:

any damage whatsoever including injury, delay or loss of any nature arising out of or incidental to the Carriage or any services incidental thereto whether due to misconduct or negligence on the part of the Carrier or not or whether or not the cause of the damage is known or unknown to the Carrier: or

any other cause whatsoever under or arising out of or in relation .0 or incidental to the Goods or the Carriage or any services ancillary thereto.

If the Client expressly or implicitly instructs the Carrier to use or it is expressly or implicitly agreed that the Carrier will use a particular method of handling or storing the Goods or a particular method of Cartage whether by road, rail, sea or air the Carrier will give priority to that method but if it cannot conveniently be adopted by the Carrier, the Client hereby authorises the Carrier to handle or store or to carry or to have the Goods carried by another method or methods.

Where the Carrier considers the mode of the Cartage or route quoted (if any) is not at the time the Goods are to be carried the most practical or feasible route or mode of the Carriage to be used it reserves the right to vary the same and charge any extra cost thereby incurred to the Client.

1. The Carrier is authorised to deliver the Goods at the address nominated to the Carrier by the Client for that purpose and without prejudice to the foregoing it is expressly agreed that the Carrier 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.
2. If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the Carrier, the Carrier may at its option deposit the Goods at that place (which shall be conclusively presumed to be due delivery thereunder) or store the Goods and if the Goods are stored by the Carrier the Client shall pay or indemnify the Carrier for all costs and expenses incurred in or about such storage. In the event that the Carrier stores the Goods, the Carrier shall be at liberty to redeliver them to the Client from the place of storage at the Client's expense.

1. All charges, rates and prices quoted are based upon rates of wages and salaries; prices of fuel and oil, and rates or road taxes and other charges prevailing at the date shown on price lists published by the Carrier from time to time; and in the event of any increases between that date and the date when the Carriage is commenced in the cost of any of those items so far as such items are incurred by the Carrier in the performance of the Carriage or involved therein then the charges, rates or prices quoted are to be increased by amounts equivalent to the full amounts of all such increases in all such items so far as the same are so incurred or involved.
2. Where the Carriage involves the performance of two or more separate items of work then for the purposes of the preceding sub-clause (a) the date when the Carriage commenced shall be deemed to be the respective dates on which the said separate items of work are commenced.
3. The Carriers charges shall be considered earned as soon as the Goods are loaded and despatched and the Client will be and remain responsible to the Carrier for all its proper charges incurred for any reason. Labour and the use of mechanical equipment to load and unload the Goods shall be the responsibility and expense of the Client.
4. In addition to all other amounts payable pursuant to this contract and any other agreements contemplated by this contract, the client shall pay to the supplier, at the same time as the amount to which this payment is referable is payable to the supplier, all amounts for which the supplier is liable, or shall become liable, in relation to the contract or any other agreements contemplated by this contract, on account of any State or Federal goods and services tax or other consumption or similar tax, charge, assessments, duty or fees.
5. The Carrier reserves the right to rescind all discounted quoted rates and recalculate outstanding charges at the current advertised schedule should accounts fail to be finalised within the Carrier's trading terms published from time to time.

1. The Carrier shall have a lien on the Goods and any documents relating thereto and on any other Goods of the Client in the possession of the Carrier or any documents relating thereto for all sums payable by the Client to the Carrier and for that purpose shall have the right to sell any such Goods by public auction or private treaty without notice to the Client.
2. No claims levied against the Carrier will be considered unless all freight charges have been paid in full.

1. The Client shall not tender for Carriage any volatile spirits or explosive Goods or Goods which are or may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to damage any property whatsoever 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 Carrier 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 Carrier without compensation to the Client and without prejudice to the Carriers right to any charges hereunder.
2. The Client warrants that it has complied with all the laws and regulations relating to the nature, packaging, labeling or cartage of the Goods and that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and hereby indemnifies the Carrier for any liability whatsoever as a result of or arising out of the Client's failure to comply with each of these warranties.

It is agreed that no servant or agent of neither the Carrier nor any other person has any power to waive or vary any of the terms hereof unless such waiver or variation is in writing signed by an executive officer of the Carrier.

If the Carrier is liable for damage to or loss of the Goods or any part thereof, no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of the Carrier 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.

Notwithstanding any other provision hereof other than clauses 23 and 24 hereof, the Carrier shall in any 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.

All the rights, immunities and limitations of liability in these terms shall continue to have their full force and effect in all circumstances not notwithstanding any breach of the contract or any of the conditions hereof by the Carrier or any other person entitled to the benefit of such provisions.

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

Where the Client has declared the weight and/or dimensions of the Goods and the Carrier has relied upon such declared weight and/or dimensions in making its arrangements for transportation and the actual weight and/or dimensions of the Goods differs from the declared weight and/or dimensions then in every such case the Client shall be responsible for all extra cost and risk incurred by the Carrier resulting from its reliance as aforesaid upon the declared weight and/or dimensions.

All Goods are carried subject and liable in every respect to the Bills of Lading issued by and/or conditions imposed by any steamship company, railway port or harbour authority or other Carriers of the Goods and to the issue of permits or authorisations where required from Commonwealth and/or State Government authorities and the conditions and limitations stated in any such permits or authorisations.

In respect of contracts made in Queensland and in any other case where the Cartage or any part thereof is subject to the Cartage of Goods by Land (Carriers' Liability) Act 1967 of that State, these conditions shall continue in full force and effect except to the extent that they are or any part thereof is void by operation of that Act.

Notwithstanding anything herein contained the Carrier 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 any such warranty and the liability of the Carrier for breach of any such implied warranty shall be limited to the supply of the services of Carriage again or for the cost of having the services of Carnage supplied again whichever the Client may select.

These terms and conditions shall be governed and construed by the laws of the State of New South Wales wherever the contract is made and any proceeding in respect of any matter or thing against the Carrier shall be instituted or carried on in the State of New South Wales only.