(Non-negotiable Consignment Note)

1. In these conditions
The Carrier means R. Thorpe Pty Ltd ABN 27 009 489 927 of 35-39 Slough Road, Altona.
Services means the Carrier’s carriage, transportation, storage and other obligations pursuant to this contract.
Sub Contractor includes:
(a) any person, firm, company, government or authority engaged by the Carrier to assist the Carrier to provide the Services; or
(b) any person who is at any time a servant, agent, employee or sub contractor of a party referred to in (a) above.

2. The Carrier is not a common carrier and will accept no liability as such. THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF GOODS FOR ANY PARTICULAR PERSON AND FOR ANY CLASS OF GOODS AT ITS DISCRETION, WITHOUT GIVING AN EXPLANATION FOR SUCH REFUSAL.

3. The Carrier is the party solely responsible for the provision of the Services. The Carrier does not act as bailee for the consignor, the consignee or any other person. The consignor authorises the Carrier, at the Carrier’s discretion to engage any third party, including Sub Contractors, to assist the Carrier in performing the Services or part of the Services. In the event that the Carrier engages any party to assist the Carrier to provide the Services or part of the Services, that party is engaged by the Carrier as principal and not as agent for the consignor or the consignee.

4. The consignor undertakes that no claim or allegation shall be made, and must procure that the consignee does not make any claim or allegation, against any person by whom the Services are provided or part of the Services is provided (other than the Carrier) which imposes or attempts to impose upon any such person or vessel owned by any such person any liability in connection with the goods the subject of the Services whether or not arising out of negligence on the part of such person and if any such claim or allegation should, notwithstanding this undertaking, be made to indemnify the Carrier against all consequences arising from or related to such claim. Without prejudice to the matters set out in this clause 4 every such person shall have the benefit of all provisions in this contract benefiting the Carrier as if such provisions were expressly for their benefit; and in entering into this Agreement, the Carrier, to the extent of these provisions, does so not only on its own behalf but also as agent and as trustee for such persons.

5. If the consignor instructs the Carrier to use a particular method of carriage and/or storage whether by road, rail, sea or air, the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier or cannot be accommodated within the agreed price for the carriage or storage, the consignor authorises the Carrier to carry and/or store or have the goods carried and/or stored by another method. The consignor further authorises the Carrier when it thinks fit to leave, place, part with or deposit any goods in any place or places whether indoors or outdoors in any vehicles, vessels, ships or otherwise for such time or times as the Carrier, in the Carrier’s absolute discretion considers appropriate.. The consignor permits the Carrier to carry the goods on deck, in containers or as break bulk cargo and to carry or store the goods with those of other persons, in the Carrier’s absolute discretion.

6. The Consignor shall be deemed to authorise any deviation from the useful route or manner of carriage of goods, which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

7. All goods are stored and/or carried and all services are performed at the sole risk of the consignor. The Carrier shall not be liable directly, indirectly or vicariously for any loss whatsoever, howsoever and by whom it may be caused and wherever it arises whether in contract, quasi contract or for negligence, inadvertence, breach or statutory duty or any other tort or torts or as a carrier bailee or otherwise.

8. Without in any way limiting the generality of clause 7, the Carrier shall in no way be liable for any loss or damage:
a. arising from or contributed to by acts of God, acts of the Queen's enemies, civil commotion, terrorism, strikes, lockouts, shortages or labour, burglary, warehouse breaking, larceny, pillage, stealing, fraud, malicious damage, misdelivery, failure to deliver, delayed delivery, mechanical breakdown, road accident, fire explosion, water, lightning, tempest, raid, earthquake, exposure, flooding (from any source), moth, damp, heat, sweat, mould, mildew, decay, deterioration, vermin, rats, mice, insects, leakage, inherent vice in any goods, peril of the sea, deviation in route, mode or place of storage, wear, tear, loss of market, loss of profits, negligent advice, rust, oxidisation or any other cause whatsoever (This clause shall apply whether the loss is due to the goods being stored and/or carried with those of another person or persons or otherwise); and.
b. whatsoever whether direct or indirect and including without limitation shall not be liable for deteriorations of goods or misdelivery or failure to deliver or delay in delivery of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason whatsoever and shall not be liable for any loss of market loss or use or consequential loss concealed damage or damage caused by inherent vice or nature of the goods or merchandise carried including chilled frozen refrigerated perishable goods either in transit or in storage whether caused by the negligence wrongful act or fault of the Carrier or by any other cause whatsoever.

9. The consignor indemnifies the Carrier against all losses, liabilities and costs (including legal costs actually payable by the Carrier to the Carrier’s own legal representative whether or not under a costs agreement) arising directly or indirectly in relation to the collection, carriage, storage or delivery of the goods or otherwise in relation to the goods the subject of this contract or the services provided pursuant to this contract. Without in any way limiting the generality of this indemnity, it includes liability on the part of the consignor to indemnify the Carrier in respect of any payment the Carrier may be called upon or obliged to pay to the Crown, the Collector of Customs or any other statutory body officer or authority whether representing the Crown or not as well as any private body company or person and whether the obligation to pay the said duties or moneys arises by reason of any statute, proclamation, declaration, rule, by law or other legislative or quasi legislative act or by reason of liability arising in contract or in tort, by reason of the existence of any lien, charge, bill of sale, mortgage or other hypothecation of the goods or under any hire purchase agreement or by reason of the law relating to companies, bankruptcy, insolvency, executions or otherwise. The right of indemnity conferred upon the Carrier by this contract shall continue in full force and effect whether or not the goods are or have been pillaged, stolen, lost, damaged or destroyed or any of the events mentioned in clause 8 of this contract have occurred and shall not be effected in any way if such pillage, stealing, loss, damage, destruction or events have or has occurred or been brought about wholly or in part by the negligence or alleged negligence of, any default, omission, neglect or default or any breach of duty or obligation by the Carrier or its servants Sub Contractors and agents.

10. It is expressly agreed that all rights and immunities and limitations of liability granted to the Carrier and its servants, agents and Sub Contractors by these conditions shall continue to have their full force and effect in the circumstances and notwithstanding any breach of contract by the Carrier regardless of the extent or seriousness of the breach.

11. The consignor warrants to the Carrier that the person delivering or consigning any goods to the Carrier for storage and/or carriage or collecting or receiving goods from the Carrier is fully authorised to do so and is authorised to sign this contract and any other consignment note or receipt. The consignor expressly warrants that the consignor is either the owner or authorised agent to the owner of the goods or property the subject matter of this contract and by entering into this contract the consignor accepts these conditions for the consignee as well as for all other persons on whose behalf the consignor is acting.

12. The consignor must not tender, and must ensure that no other party tenders, for storage or carriage any explosive, flammable or otherwise dangerous or damaging goods without the prior written permission of the Carrier.

13. Where by express agreement or operation of law the Carrier becomes responsible for damage to goods no claim for such damage will be allowed unless lodged in writing at an office of the Carrier within five (5) days after the damage is discovered.

14. The Carrier shall have a general lien on the goods and any title documents or other documents relating to the goods for all debts which are at any time due to the Carrier and the cost of recovering such debts. For the purpose of this lien the Carrier shall have the right after giving three months notice in writing to the consignor or the person in whose name the goods are held, to sell the goods at the expense of such person or persons and to hold the proceeds of such sale in partial or (where such proceeds are adequate) full satisfaction of the debt or debts and any associated cost. The rights conferred on the Carrier by these conditions shall be additional to any other rights the Carrier has. Any exercise of the right to sell goods is without prejudice to any rights or remedies available to the Carrier, including the right to recover the amount of any debt, fees, charges or costs not met by the sale of the goods. In exercising such right to sell goods or any part of the goods the Carrier may open any packet for the purpose and shall not be liable to any person for any loss or damage caused.

15. Upon notice in writing being given by or on behalf of the Carrier to the consignor or the persons in whose names the goods are at any time being held, requiring such person or persons to collect goods or part of them, the person or persons to whom the notice is given must immediately pay any fees, costs and charges related to those goods or to which a lien of the Carrier extends and collect such goods or part of the goods. If payment is not made immediately or the goods are not immediately collected, upon the giving of such notice, the Carrier may relocate the goods and store them in such place and in such manner as the Carrier determines in the Carrier’s absolute discretion at the risk and expense of the consignor and any person or persons to whom such notice is addressed.

16. All rent, fees or charges shall be considered earned by the Company when the goods are entrusted to the Company for storage and/or carriage.

17. The Carrier does not warrant or admit the accuracy of any of the matters contained in its consignment notes, receipts or other documents produced in relation to the goods either upon collection, upon lodgement for storage, upon carriage, upon delivery or otherwise, or the accuracy of weights, measurements, qualities, quantities, gauges, strengths or values endorsed on the receipts for goods or other documents. This contract is not a bill of lading and is not a document of title to the goods. The Carrier is not obligated to issue the consignor or any other person with a bill of lading or similar document of title to the goods. This contract is a consignment note and is not a negotiable instrument.

18. The Carrier may, as a condition of delivery of the goods require the party collecting the goods to produce documentation issued by the Carrier and/or show satisfactory identification to prove they are entitled to collect the goods. Nothing in this clause 18 obliges the Carrier to ensure the identity of the party collecting the goods, and the Carrier may waive any obligation for the collecting party to produce any document or identification.

19. The consignor warrants that the goods the subject of this contract are not being carried onwards by sea to, and are not being carried onwards by sea from, a port outside Australia. Further, the consignor acknowledges and agrees that this contact does not involve the international carriage of any goods, and nothing in this contract or otherwise shall require the Carrier to carry or transport the goods outside of the Commonwealth of Australia.

20. To the fullest extent permitted by law, all statutes, regulations and by-laws which impose liability on the Carrier are excluded.

21. If anything in this contract is unenforceable, illegal or void, then it is severed and the rest of these conditions remain in force.

22. This contract may not be varied or waived unless the variation or waiver is in writing and is specifically authorised in writing by the Carrier.

23. The law of Victoria governs this contract. The Carrier and the consignor submit to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.