1. In these conditions:
“You” refers to the person requesting the transport services and includes the consignor and the consignee of the goods.
“We” refers to Hawk Logistics Pty Ltd and any business operated by said company and each of its employees and agents.
“Goods” refers to the goods we are requested to carry and includes any packaging, containers or pallets that the said goods are packed or accompanied by.
“Transport” refers to the entire service we are requested to provide in relation to the goods, including loading, transport, unloading and storage involved in the transit of the goods.
“Sub-contractor” refers to any person or persons we arrange to provide transport services for the goods, and their employees, agents and sub-contractors.
2. Subject at all times to the application of these conditions, we will collect from, carry and deliver the goods as noted on the relevant consignment note or as otherwise agreed in writing.
3. We are authorised to arrange for a sub-contractor to transport the goods or to store the goods. If this occurs, the sub-contractor will be entitled to the full benefit of these conditions to the same extent as we are. At the same time, we are deemed to act as an agent and trustee to the sub-contractor when entering into this agreement on behalf of the sub-contractor.
4. If you instruct that a particular method of transport should be used, we will try to use that method but at our discretion, we may use another method.
5. You warrant that:
5.1 You are either the owner or the authorised owner of the goods, and by entering into this agreement, you do so on your own behalf and on the behalf of any other persons for whom you are acting.
5.2 You have correctly described the nature, size and weight of the goods, correctly recorded the number of items and accurately labelled the said goods.
5.3 You will not request transport of any explosive, flammable or otherwise dangerous (as classified under the Australian Dangerous Goods Code) or damaging goods without providing a full description and disclosure of the nature of the goods.
5.4 You authorise any deviation from the usual route or method of transport of the goods which we may consider at our discretion to be reasonable or necessary.
6. We are not a common carrier and do not accept any liability as a common carrier. This includes but is not limited to service failures, temperature failures on products, damages whilst in transit or freight going out of code.
7. Unless we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for this warranty, we will not be liable in tort or contract or otherwise, for any loss or damage to the goods, loss of market, loss of use or consequential loss or for any deterioration, mis-delivery, failure or delay in the delivery of the goods in transit or in storage for any reason whatsoever, including negligence.
8. If we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for the warranty, our liability will be:
8.1 Limited to the manufacturing costs of the goods that have been lost or damaged; and
8.2 Limited to the loss and damage which has been proven by you to have been caused in transit during the provision of the transport services; and
8.3 Restricted to the accidental loss of or damage to the goods (other than loss or damage resulting from any variation in temperature, except as provided in condition 8.4); or
8.4 In respect to loss or damage to goods resulting from a variation in temperature only if attributed to:
8.4.1 Breakdown of refrigeration machinery resulting in its stoppage
8.4.2 Fire or explosion
8.4.3 Overturning or derailment of the transport vehicle
8.4.4 Collision or contact of the transport vehicle with an external object other than water,
Unless otherwise agreed.
9. We must be notified of any circumstances that might give rise to a claim within 2 hours and receive a claim in writing for the loss or damage within 24 hours after the delivery of the goods was made at their destination.
10. Any legal proceedings must be commenced against us within 3 months of the date of the completion of the transport services or the date upon which the transport services should have been completed. Failing to comply with this means that we are discharged from any liability.
11. If under applicable State, Territory or Commonwealth law, including the Trade Practices Act 1974, conditions and warranties are implied terms of a contract based on this agreement, and rights and remedies are conferred on consumers which cannot be excluded, restricted or modified by agreement, then those rights are not excluded, restricted or modified by these conditions except to the extent permitted by law.
12. You will be deemed liable to pay the freight charges as agreed which are payable when goods are requested to be transported and goods are collected for transport, regardless of whether or not all the goods requested to be transported are provided for transport at the time the goods are collected. We may charge freight by weight, measurement or value, and may reweigh, remeasure or revalue the goods at any time, and charge proportional additional freight if previously under-charged.
13. If you advise that freight charges are to be paid by another person or persons, and the charges are not paid within 7 days of the date set for payment or, if no date is set for payment, within 7 days of the transport services, then you will be held liable to pay the charges.
14. In addition to freight charges, you will be liable to pay charges relating to any delay in excess of 30 minutes in loading or unloading unless we cause that delay. This period of 30 minutes will begin when we report for loading or unloading.
15. You will be responsible for the provision of labour to load or unload the transport vehicle.
16. If you fail to pay our charges on reasonable demand being made, we may exercise a lien over goods and may detain or sell, all or any of the goods which are in our possession or that of our employees, agents or sub-contractors and may retain from the sale proceeds, the amount of our unpaid charges and all costs of the detention and sale.
17. If agreed charges are exclusive of Goods and Services Tax (GST), you must pay the required GST in addition to the agreed charges if such tax is applicable to the transport services provided.
18. Delivery of the goods shall be to the address given by you for delivery. If the delivery cannot be made at that address during normal trading hours, then an additional charge will be payable for any consequential storage and further delivery attempts. A signed receipt or acknowledgement of delivery shall constitute proof of delivery.
19. You agree that we may use your personal information for the purposes of our business relationship. We agree that we will not disclose your personal information except as required to perform the agreed transport services or if required to do so by law.
20. This agreement is governed by the laws of Australia.
