1.1 “Company” shall mean Hai Son Shipping & Transport Pty Ltd A.C.N 103 268 828.
1.2 “Customer” means any person at whose request or on whose behalf the Company provides a service;
1.3 “Buyer” means any person or person acting on behalf of and with the authority of the Buyer. Where more than one Buyer has entered into this agreement, the Buyer shall be jointly & severally liable for all payment of the price.
1.4 “Goods” shall mean cargo together with any container, packaging, or pallet(s) supplied by the Buyer to Hai Son for the purposes of movement from one place to another by way of Hai Son Services.
2.1 The Goods and/or Services are described on the invoices, quotation, work authorisation consignment note, airway bills, manifests, sales order or any other work commencement forms as provided by Hai Son to the Buyer.
2.2 It is the Buyer responsibility to ensure that they have their own insurance in place for the Goods and Services.
3.1 If Hai Son retains property in the Goods nonetheless, all risk for the Goods passes to the buyer on delivery.
3.2 If any of the Goods are damaged or destroyed prior to the property in them passing to the Buyer, Hai Son is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade, to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the contract. The production of these terms and condition by Hai Son is sufficient evidence of Hai Son rights to receive the insurance proceeds without the need for any person with Hai Son to make further inquiries.
4.1 The buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify Hai Son of any alleged defects, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford Hai Son an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
5.1 If a container has not been packed or stuffed by the Company, the Company shall not be liable for loss of or damaged to the contents if caused by:
(a) the manner in which the Container has packed or stuffed,
(b) the unsuitability of the content for carriage in Containers, unless the Company has approved the suitability,
(c) the unsuitability or defective condition of the Container, provided that where the Container has been supplied by or on behalf of the Company this paragraph shall only apply if the unsuitability or defective condition arose:
(i) without any negligence on the part of the Company; or
(ii) would have been apparent upon reasonable inspection by the Customers or Owner or person acting on behalf of either of them.
(d) the fact that the Container is not sealed at the commencement of the Carriage, except where the Company has agreed to seal the Container.
6. General Liability
6.1 Except where otherwise provided in these Conditions, the Company shall not be liable for any loss or damage whatsoever arising from:
(a) the act or omission of the Customer or Owner or any person acting on their behalf,
(b) compliance with the instructions given to the Company by the Customer, Owner or any other person entitled give them,
(c) insuffiency of the packing or labelling of the Goods, except where such service has been provided by the Company,
(d) handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf,
(e) inherent vice of the Goods,
(f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatsoever cause,
(g) fire, flood, storm, explosion or theft or
(h) any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
7. Obligation of Customer
7.1 The Customer warrants that it is either the Owner or the authorises agent of the Owner of the Goods and that it is authorised to accept and accepts these Conditions, not only for itself, but also as agent for and on behalf of the Owner
7.2 The Customer warrants that it has reasonable knowledge of matters affecting the conduct of its business, including, but not limited to, the terms of sale and purchase of the Goods and all other matters relating thereto.
7.3 The Customer shall give sufficient and executable instructions.
7.4 The Customer warrants that the description and particulars of the Goods are complete and correct
7.5 The Customer warrants that the Goods are property packed and labelled, except where the Company has accepted instructions in respect of packaging and labelling.
8. Special Instructions, Goods and Services
8.1 Unless agreed in writing, the Customer shall not deliver to the Company, or cause the Company to deal with or handle, dangerous Goods.
(a) the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising;
(b) the Customer shall defend, indemnify and hold harmless the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith: and
(c) the Company (or any other person in whose custody the Goods may be in at the relevant time) may, at the Company’s sole discretion, have the Goods destroyed or otherwise dealt with. For the purpose of this sub-clause, notice is nit required to be given to any person of the intention to destroyed or otherwise deal with the Goods.
8.2 If the Company agrees to accept Dangerous Goods and then if subsequently if (or any other person) reasonably forms the view that those Goods constitute a risk to the goods, property, life or health, it may (without notice and without liability) have the Goods destroyed or otherwise dealt with at the expense of the Customer or Owner.
8.3 The Customer undertakes not to tender for transportation any Goods which requires temperature control without previously giving notice of their nature and the particular temperature range to be maintained and, in case of a temperature controlled Container stuffed by or on behalf of the customer, the Customer further undertakes that:-
(a) the Container has been properly pre-cooled or pre-heated as appropriate;
(b) the Goods have been properly stuffed in the Container; and
(c) the Container’s thermostatic controls have been properly set by the Customer.
8.4 If the requirements of the Clause 8.3 are not complied with the Company shall not be liable for any loss of or damage to the Goods caused by such non0compliance.
8.5 Unless agreed in writing, the Company shall not be obliged to make any declaration for the purposes of any statue, convention or contract as to the nature of value of any Goods or as to any special interest in delivery or to make any declaration as to specific stowage requirement f any Goods.
9.1 Hai Son Shipping & Transport will effect Insurance of goods as the Buyer’s agents and at the Buyer’s expense if the Buyer instructs Hai Son Shipping & Transport in writing to do so, and where the Buyer does not specify what class of insurance is to be affected Hai Son Shipping & Transport may effect that class of insurance which Hai Son Shipping & Transport considers to be most appropriate to the goods.
10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
10.1 Nothing in this Agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.