PAUL X TRANSPORTATION TERMS AND CONDITIONS OF CONTRACT
The Consignor has been authorised by the owner of the goods to agree to these conditions
You accept and agree to these Terms and Conditions and Use of Service. Please read Paulic’s Crane Trucks Pty. Limited (referred to as PaulX) Terms & Conditions thoroughly and carefully as that may affect your rights about resolving any dispute with the company.
In these conditions:
“Contractor” means PaulX, Paulic’s Crane Trucks Pty. Ltd. and includes its subcontractors, servants and/or agents. “Goods” means all wares, merchandise, plant & machinery and articles of every kind & description, including packages, crates and contents thereof, of whatsoever kind. “Client” means and includes the person requesting the contractor to carry out work and any person tendering goods for handling, lifting and/or carriage.
1.1 If the Contracted Party has a customer account with Paul X then, subject to clause 1.3, Paul X will invoice the Contracted Party weekly and the Contracted Party must pay Paul X the full amount of each invoice within the stated period on the invoice which may be 7, 15 or 30 days of the date of the invoice or as otherwise agreed to in the Rate Schedule.
1.2 If the Contracted Party defaults in the payment of any money payable under these Terms and Conditions, or any other agreement between Paul X and the Contracted Party, for a period of time more than 7, 15 or 30 days then Paul X may do one or both of the following:
(a) suspend performance of its obligations under these Terms until the amount outstanding is paid in full; and
(b) Interest charges applicable on the balance outstanding at a pre-determined rate per day, with such interest being payable on the written demand of Paul X.
1.3 Provided that the Receiver holds a customer account with Paul X, the rates payable for any Consignment where the associated Consignment Note is marked “Receiver To Pay” will be invoiced by Paul X, directly to the Receiver. If the Receiver does not pay the full amount of the relevant invoice by the due date, the Contracted Party will be held liable for any unpaid amount, together with any reversal fees charged by Paul X to the Contracted Party in its absolute discretion.
1.4 You must pay our charges for our Services. You can arrange for someone else to pay those charges. However, you remain liable to us. If you are not told that you must pay when the Goods are received by us, you must pay within 7 days after that day. You have to pay us whatever happens to the Goods - even if they are lost, damaged or destroyed.
1.5 Once booking is confirmed in writing, you may cancel your booking at any time prior not more then 24 hours to your booked service time. Cancellations by the client must be provided in writing / email and will take effect from the date received by the Contractor If cancelled 24 hours period prior the booked service time, the customer/client must be provided with a cancellation fee invoice of AUD $200,less then 24 hours clint will be charge for the all job/qoute and must be paid within 7 days of receiving the cancellation invoice.
2. Freight shall be deemed fully earned on receipt of the goods by the Carrier and is non-refundable in any event.
3.1 Where any client remains unsatisfied within seven (7) days from the date on which the Contractor gave notice of the exercise of his lien to the Client (or Owner as the case may be), the goods may at the Carrier’s discretion be sold by public auction or private treaty and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto (including the expenses of the sale) and the Carrier shall account to
the Customer or the Owner of the goods for any surplus.
3.2 If you think you have a claim against us or a Subcontractor, you must make it against us and no-one else. The claim must be in writing. It must reach us within 7 days after the date the Goods were delivered or should have been delivered. You have no claim in any circumstances against any person (including a subcontractor) except us with the 7 days period of notice. Any insurance claim will only be possible after full payment has been received by the contractor or sub-contractor, within the 7 days period of notice.
4. You must also pay us for any amount we have to pay any fine, levy, charge or other monetary imposition to which the Carrier may become liable as an incident to the carriage; and resultant from any breach by the Customer of this agreement.
5. Charges will be computed from the time the unit leaves the depot of the contractor until the time it returns to the depot, at the rate applicable to the unit and all hours shall be calculated to the nearest half hour.
6. The consignor shall not tender for carriage any volatile spirits or explosive goods or goods which are or may become dangerous, inflammable or offensive (including radio-active 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 liable to become of a dangerous, inflammable, explosive, volatile, offensive or damaging nature the same may at any time be destroyed disposed or abandoned or rendered harmless by the carrier without compensation to the consignor and without prejudice to the carrier’s right to any charges hereunder.
(ii) The consignor warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling or carriage 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 using out the consignor’s failure to comply with each of these warranties.
7. It 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 or 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 be in the ordinary course of business have been effected.
8. It is agreed that no servant or agent of 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.
9. We have a lien over the Goods and any related documents, and over any other Goods and related documents of yours in our possession, as security for payment of any money you owe us. We may sell the Goods or documents without giving you notice. If we do, we are entitled to offset the amount we receive against the money you owe us. This does not affect any other rights we may have.
10.1 – Client’s Responsibilities
a) Provision of any specialised rigging gear and/or non-standard lifting equipment
b) Clear access and hardstand for equipment
c) Suitable lifting points for all loads and safe access to all lifting points for rigging
d) Ensure loads are free to be lifted and secure/fix loads once placed
e) Confirmation of accurate load weights
f) Site specific permits, inductions and other site requirements
g) Suitable accommodation & messing as required
h) Any site delays beyond Paul X control
10.2 – Additional Charges
a) GST – all rates and fees are exclusive of and subject to GST
b) If Paul X are providing accommodation & messing this will be charged at cost +10%)
c) Any specialised site entry costs
d) Any applicable site or project allowances
e) Medicals and D&A testing if requested will be charged at cost +10%
LEGAL CONDITIONS OF CONTRACT
2. The contractor is not a Common Carrier and does not accept the obligations or liability of Common Carriers. All work is performed by the contractor subject only to these conditions of contract and the contractor reserves the right to refuse handling, lifting and/or carriage of goods at
its discretion and without being bound to give a reason for such refusal.
3. The contractor shall have full liberty to arrange with any other person, firm or company to undertake the handling, lifting and/or carriage of goods. Such person, firm or company and his or its servants and agents shall be entitled to the benefit of these conditions to the same extent as the
contractor, as it may be necessary to ensure into this contract for its own benefit and also as agent for the sub-contractor, its servants and agents. The Client must substantiate any reason for refusal to accept any sub-contractor should this situation arise.
4. All goods are handled, lifted and/or carried entirely at the client’s risk. The contractor shall not be responsible in tort or contract or otherwise for, any loss or damage to or deterioration of goods, miss delivery or failure to deliver, delay in delivery, whatsoever occasioned including, without limiting the foregoing, the negligence or wilful act or default of the contractor or others and whether or not the same occurs in the course of performance by the contractor or in the events which are in the contemplation of the contractor and/or client or in events which are foreseeable by them or either of them or in the events which would constitute fundamental breach of the contract or breach
of a fundamental term thereof.
5. It is agreed that the person supplying goods to the contractor for handling, lifting and/or carriage is authorised by the client to acknowledge application of these conditions of contract.
6. The client or his agent shall not tender for handling, lifting and/or carriage any explosives, inflammable or otherwise dangerous or damaging goods without presenting a full description disclosing their nature. Such goods may be handled, lifted or carried only by special agreement. If any such goods be tendered otherwise the client shall be liable for any loss or damage occasioned either directly or indirectly to the contractor.
7. The client shall declare the weight of the goods and the contractor will rely on such declared weight. Therefore the client shall be responsible for all extra cost and risk incurred by the contractor and for any and all damage sustained by reliance on the declared weight, if the weight declared is found to be wrong. The client shall disclose to the Contractor the nature of the goods to be handled, lifted and/or carried.
8. Insurance of goods will not be effected by the contractor for the benefit of the client except upon the express written instructions of the client and then only at his expense. To do this the contractor requires an accurate description, including age and value, of the goods and reasonable time to carry out the instruction on each occasion.
9. The client will be and will remain responsible to the contractor for all its proper charges incurred in respect of the handling, lifting and/or carriage of the goods.
10. Charges will be computed from the time the unit leaves the depot of the contractor until the time it returns to the depot, at the rate applicable to the unit and all hours shall be calculated to the nearest half hour.
11. The contractor shall not be responsible for any delays, inconvenience or loss of any kind
whatsoever incurred by the client due to any accident, breakdown or defect in the vehicle or any part thereof or from any other similar cause over which the contractor has no complete control.
12. The contractor shall be entitled to charge service charges at the usual rate for any time during which the vehicle is delayed either in travelling to or from or at the site at which the client desires the vehicle to operate so long as such delays result from any cause beyond reasonable control of the contractor.
13. The client shall be responsible to pay for all delays caused by the contractor obeying any instructions given by the client or his representative, including delays by any bogging or breaking down of the vehicles resulting from such instructions. Such delays shall be charged at the contractor’s usual rates and shall include the recovery of vehicles from being bogged.
14. Notwithstanding anything herein contained, the contractor 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 that warranty SPECIAL CONDITIONS Terms:
We reserve the right to withdraw these rates and will be subject to re-negotiation where!
!unauthorised extended trading terms are taken.