Terms + Conditions

Definitions:
 
“Carrier” means the company specified on the agreement, meaning Loadstar Marine Logistics Pty Ltd, (ACN 642 662 468, ABN 32 642 662 468). “ Charges” means the charges payable for the transport or storage of the goods. “Transport” means the whole service undertaken by the Carrier for the goods including storage. “Goods” means the goods received from the Customer including any containers, packaged material or pallets. “Customer” the person, organisation or company contracting with the Carrier for the transport or storage of the goods.
 
2. Contract Basis The Carrier is NOT A COMMON CARRIER and accepts no liability as such for Transport or storage and may refuse to Transport goods for any person or to Transport or store any class of goods at its sole discretion.
 
3. Customer’s Warranties
 
The Customer warrants: It has fully and adequately described the goods, their nature, weight and measurement and applied with all laws and regulations (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, the Civil Aviation Regulations and the International Maritime Dangerous Goods Code) relating to the notification, classification, description, labeling, transport, nature, condition, or packaging of the goods and given their nature the goods are packed in a proper way to withstand the ordinary risks of Transport. 4. The Customer will fully disclose to the Carrier the exact details of the class of Dangerous Goods and prepare the goods for transportation in accordance with the current ADG Code. 5. Where a particular method of Transport is delayed under instructions of the Customer or by circumstances beyond the control of the Carrier, the goods will be warehoused or stored at the Carriers discretion and at the Customer’s expense. The Carrier accepts no liability for any Goods stored. 6. The Customer acknowledges that the goods are provided by the Customer to the Carrier for the purpose of this contract solely at the risk of the Customer and no responsibility in tort, contract or otherwise (including negligence), will be accepted by the Carrier or Sub-Contractor for any loss of, damage to or deterioration of goods, misdelivery, failure to deliver or delay in the delivery of goods, damage to any property, injury to, or death of any person, either in transit or in storage or otherwise for any reason whatsoever. 7. The Customer agrees that a notice of claim must be lodged within (7) days of the incident or non-delivery, for the claim to be considered. 8. The Goods are accepted subject to carrier’s lien for all charges which may become due to the Carrier on any account. 9. Charges The Customer, Receiver, or third party as nominated must: a. Within 14 days of date of invoice pay the Carrier the agreed charges, unless agree otherwise by the Carrier. b. Pay any charges for demurrage at the rate charged to the Carrier. c. Pay the Carrier’s expenses and charges necessary to comply with any law or regulation or with the requirement of any harbor, dock, railway, shipping, airport, customs, excise or warehouse authority or any other person. 10. The Customer acknowledges: a. The Carrier’s Charges are earned as soon as the Goods are picked up or placed in storage and whether they are delivered to the receiver or not and whether they are damaged or not,  
under no circumstances will freight charges be reimbursed. b. All Charges payable to the Carrier are exclusive of Goods and Services Tax which will be to the Customer’s account and additional to the charge. d. The Customer agrees to pay any expenses or costs incurred by the Carrier in recovering any outstanding monies including debt collection, commission, charges, legal fees, along with all solicitors’ costs incurred by the Carrier shall be paid by the customer.
 
The Customer acknowledges and accepts these Terms and Conditions.