Terms & Conditions

Scott's

Definitions

  1. Scott’s Refrigerated Freightways Pty Ltd (hereinafter referred to as the “Carrier” which expression will include its Employees, Servants, Agents and Subcontractors) is not a common carrier and will not accept liability as such. The Carrier reserves the right to accept or refuse the carriage, transport, storage or custody of any goods or any class of articles for any person, corporation or company at its sole and absolute discretion without giving any reason for so doing.

Compliance with Laws and Variation of these Conditions of Carriage

  1. All goods and/or articles are carried or transported and all storage or custody and other services are performed by the Carrier subject only to the conditions contained therein including but not limited to the following:
    1. The consigner has complied with all applicable laws (including where necessary the Australian Code for the Transport of Dangerous Goods by Road and Rail, Air Navigation Orders Pt 33 and the International Maritime Dangerous Goods Code) relating to the notification, description (on the consignment note or separately) consigning and packaging of the goods and/or articles and the expenses and charges of the carrier in complying with any such law or with any order or requirement there under or with the requirement of any harbor, dock, railway, shipping, customs warehouse or other authority or company shall be paid by the consignor. Additional charges shall be paid on such goods and/or articles if deemed necessary by the carrier.
    2. The consignor has fully, accurately and adequately described the goods and/or articles on the consignment note.
    3. The carrier is entitled to inspect the goods to determine either their nature or condition or to determine their ownership or destination where any consignment note or identifying document or mark is lost, damaged, destroyed or defaced and is entitled, for those purposes, to open any document wrapping package or other container in which the goods are placed or carried.
    4. No agreement purporting to vary these conditions of carriage shall be binding on the carrier unless such agreement is in writing and is signed on behalf of the carrier by a director or the secretary of Scott’s Refrigerated Freightways Pty Ltd.

Limitation of Liability

  1. The goods and/or articles are and at all times shall be at the risk of the consignor and of the owner and the carrier shall be under no liability whatsoever in respect of the goods and/or articles or any part thereof to the consignor or the owner or to any other person.
  2. Without restricting the generality of sub-clause (a) the carrier shall not be liable in tort or in contract or otherwise howsoever for:
  3. Any loss or non-delivery or mis-delivery of the goods and/or articles or any part thereof;
  4. Any damage or injury to or any delay in the delivery of the goods and/or articles or any part thereof; or
  • Any damage directly or indirectly caused by or which may arise out of any such loss, non delivery, mis-delivery, incorrect description, damage, injury or delay; or
  1. Any damage including deterioration of chilled, frozen, refrigerated or perishable goods and/or articles.
  2. Any damage, loss or injury arising after movement and/or transit has ceased.

  1. The provision of sub-clause (b) shall apply irrespective of the time at which or the place at which or the manner in which or the reason whereby any such loss, mis-delivery, damage or injury or delay may have occurred notwithstanding that such loss, mis-delivery, damage or injury or delay may have been due or occasioned by or may have arisen as a result of or as incidental to any negligence or any willful act or omission or any part thereof or of any such damage or injury or any such delay may not be known to the carrier.
  2. The description, quantity and value of the goods and/or articles shown in the consignment note or the quotation relating to the goods and/or articles (as the case may be) were represented to the carrier by the consignor and the carrier does not admit, to the accuracy thereof and shall require, in this case of any claim, proof thereof. The consignor or other party, who may claim against the carrier, shall retain the relevant evidence thereof and shall bear the burden of proof in respect thereof.

 

  1. Without in any way limiting the generality thereof this disclaimer extends to include loss of or damage to itemized equipment, loss, damage or injury to any person, property or thing damaged during the movement and/or transit, any loss consequentially or otherwise arising from any loss damage or injury howsoever caused including but not limited to any negligence or breach of contract by the carrier.

Rights of Indemnity

  1. The consignor shall indemnify the carrier against:
  2. All claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury arising out of any error, omission, misstatement or misrepresentation by the consignor or other owner of the goods and against all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury arising out of insufficient or improper packaging, labeling or addressing of the goods or fraud.
  3. All claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatsoever by whoever made in excess of liability of the carrier under these conditions.
  4. All entitlements, suits, cause of action, debts, damages, expenses, demands, consequences, loss or injury suffered by and claims made against the carrier in consequence of loss of or damage to property caused by or arising out of the carriage by the carrier of dangerous goods whether or not such goods are or were declared by the consignor as dangerous goods.
  5. All customs duty, excise duty and costs which the carrier becomes liable to pay and shall pay in respect of any goods and/or articles.

Authority of consignor

  1. It is agreed that the person delivering any goods and/or articles to the carrier for carriage or forwarding is authorized to sign the consignment note for the consignor.
  2. The consignor expressly warrants with the carrier that the consignor is either the owner or the authorized agent of the owner of any goods and/or articles or property the subject of this contract of cartage and by entering into this contract of cartage the consignor accepts these conditions of the consignee as well as for all other persons on whose behalf the consignor is acting.

Dangerous or damaging goods

  1. The consignor or his authorized agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods whatsoever without presenting a full description of those goods and in default of so doing shall be liable for all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury caused thereby.

 

Containers

  1. These conditions shall apply to the container or containers or other packaging containing the goods and/or articles and to any pallet or pallets delivered with the goods and/or articles to the carrier. The consignor shall be responsible for the conformity of such containers packaging and pallets with any requirements of the consignee and for all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury arising from any failure so to conform.

 

Loading and unloading

  1. When the carrier is without prior arrangement with the consignor, called upon to load or unload goods and/or articles the carrier shall be under no liability whatsoever to the consignor or other owner of the goods for any damage whatever, however caused, arising out of such loading or unloading and the consignor shall indemnify the carrier in respect of all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatever and howsoever arising which would not have been made if such assistance had not been given.

Freight

  1. Freight shall be considered earned and the consignor shall be liable to pay freight to the carrier as soon as the goods are loaded and dispatched. Freight shall be payable without deduction whether the goods are delivered to the consignee or not, and whether damaged or otherwise. Under no circumstances will the consignor, the consignee or any other person claiming an interest thereto require the carrier to refund any payment for freight.

Charges

  1. Every special instruction to the effect that charges shall be paid by the consignee shall include or be deemed to include as a term and condition of such special instruction, that if the consignee does not pay the said charges within seven (7) days of the date set for

payment or, if no date is set for payment, within seven (7) days of delivery or tendered delivery of the goods, then the consignor shall pay the said charges.

Additional Freight charge

  1. The carrier may charge freight by weight, measurement or value and at any time re weigh or revalue or re measure or require the goods and/or articles to be re weighed, revalued or re measured and charge proportional additional freight accordingly.

 

Governing Law and Proceedings against carrier

  1. These conditions and any contract incorporating these conditions made by the carrier shall be governed by and construed in accordance with the law of the state of New South Wales wheresoever the contract is made or is deemed to be made; and
  2. Any action including without limitation, summons, application and statement of claim statutory demand or other legal process in respect of any matter or thing against the carrier shall be instituted and carried on only in the appropriate court in the state of New South Wales.

Time Limits for claims against Carrier

  1. The time limit for making any claim against the carrier is twenty eight (28) days. It is agreed that the consignor, the consignee and/or any other person claiming an interest thereto shall indemnify the carrier in respect of all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatever and howsoever arising in respect of all and any claims made against the carrier after twenty eight (28) days. Time starts to run in the case of all claims from the time of the event allegedly giving rise to the claim or the time of delivery of the goods and/or articles, whichever is the earlier. Any claim against the carrier must be in writing and must be made by service of the written claim upon the carrier at the registered office of the carrier.

 

Delay in delivery

  1. The carrier reserves the right to make an additional charge for every call made or for the amount of time of any delay until delivery is effected should the consignee named in the consignment note not be in attendance during trading hours or at the time specified, or if the carrier arrives to effect delivery at the consignee’s premises and is delayed in effecting prompt delivery at the said premises for any reason whatsoever outside the carrier’s control.

Method of carrying goods

  1. Notwithstanding that the consignor instructs the carrier to use a particular method of carriage if that method cannot conveniently be adopted by the carrier the determination of which convenience shall be at the sole and unfettered discretion of the carrier, the consignor shall be deemed to authorize the carrier to carry or have the goods carried by another method or methods and the determination of such method or methods of carriage shall be at the sole and unfettered discretion of the carrier.

 

Carriage by independent contractor or subcontractor

  1. The consignor authorizes the carrier to arrange with any other person, firm or company to undertake the carriage of goods and/or articles hereby contracted for in any such arrangement; and
  2. The carrier shall be deemed to act as the agent of such person, firm or company, which person, firm or company shall be entitled to the benefit of these conditions to the same extent as the carrier.
  3. The carrier shall not be liable in tort or in contract or otherwise for the goods and/or articles which they are in possession of any such person, firm or company.

Conditions to have full force in all circumstances

  1. All rights, immunities and limitations of liability in these conditions of carriage shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any of these conditions by the carrier.

 

Lien

  1. The goods and/or articles are accepted subject to a general lien for all charges now due or which may hereafter become due to the carrier by the consignor on any account whether in respect of the goods and/or articles comprised herein or in respect of any other goods and/or articles for which the carrier provides any service whatsoever to the consignor, the consignee or any other person having or claiming an interest hereto.
  2. If any person fails to pay charges due to the carrier in respect of the services rendered by the carrier on reasonable demand being made by the carrier upon that person, which person may include, without limitation, any or all of consignor, the consignee or any other person having or claiming an interest hereto the carrier may detain and sell all or any of the goods and/or articles of that person that are in the carriers possession and out of the money arising from the sale retain the charges so payable and all charges and expenses of the detention and sale and shall render the surplus if any of the money’s arising from the sale of and such of the goods and/or articles as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect the right of the carrier to recover from the person or such persons liable to pay the same any such charges due or payable in respect of such service or the said detention and sale. For the avoidance of doubt it is hereby agreed that the carrier is expressly authorized by the consignor, the consignee or any other person having or claiming an interest hereto to detain and sell all or any of the goods and/or articles of that person that are in the carriers possession after the expiry of the period of twenty eight (28) days from receipt by any one of the consignor, the consignee or any other person having or claiming an interest hereto of a written demand made by the carrier for all charges now due or which may hereafter become due to the carrier on any account in respect of the goods and/or articles consigned herein.

 

Insurance

  1. Insurance of goods will not be effected for the benefit of the consignor unless the consignor gives notice in writing to the carrier, and in the form required by the carrier, of the full value of the goods and/or the type of insurance required by the consignor and unless the current insurance charges have been paid.

 

Authorization of carrier

  1. The consignor authorizes the carrier (if the carrier in its sole and unfettered discretion should think fit so to do) to contract either in the carrier’s name as principle or as agent for the carriage of the goods and/or articles or for leasing or using any container in which the goods and/of articles may be placed or packed and to give any receipt for the goods and/or articles any container whether subject to any terms and conditions or not any such contract will be made upon the terms and subject to the conditions of any bill of lading or other forms or terms or contract for carriage whether by sea, rail, road or air or of any lease agreement, equipment hand-over agreement, interchange receipt of any other document as the case may be required.

 

Applicable legislation

  1. These conditions shall be read subject to any implied terms, conditions or warranties imposed by the trade practices Act 1974 or any other commonwealth of state legislation in so far as such may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty.

 

Exclusion of implied warranties

  1. The consignor agrees to be bound by these conditions and any express or implied condition, statement or warranty, statutory or otherwise not stated in these conditions is hereby excluded.

 

Reasonableness of these conditions

  1. The carrier, the consignor, the consignee or any other person claiming an interest hereto consider the rights, immunities, limitation of liabilities, covenants, obligations and restrictions herein contained to be reasonable in all the circumstances.

 

Waiver

  1. Any waiver by the carrier of any breach of non-observance of these conditions of carriage on the part of the consignor, the consignee or any other person claiming an interest hereto shall not be deemed to be a waiver of any other breach or any other non-observance of these conditions of carriage.

 

Severability

  1. Each and every right, immunity, limitation of liability, covenant, obligation and restriction and each and every part thereof contained in these conditions of carriage shall be deemed to be severable and an independent right, immunity, limitation of liability, covenant, obligation and restriction. If the provisions or part of any provision in these conditions of carriage is held by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, then such provision or part thereof shall be deemed eliminated or modified to the extent which, in the court’s opinion, it is necessary to make the remainder of the clause enforceable.

Rand

  1. In these conditions: "You and Your" means the person requesting carriage services, and includes the consignor and the consignee of the goods. "We, Our and Us" means Rand Transport (1986) Pty Ltd and any business operated by the company and each of their employees and agents. "Goods" means the goods we are requested to carry and includes any packaging, container or pallet in or on which the goods are packed. "Carriage Services" means the entire service we are requested to provide in relation to the goods, including loading, carriage, unloading and storage incidental to transit of the goods. "Sub-contractor" means any person we arrange to provide carriage 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 otherwise agreed in writing.
  3. We are authorised to arrange for a sub-contractor to carry the goods or to store the goods. If we do that, the sub-contractor will be entitled to the full benefit of these conditions to the same extent as we are and we are deemed to act as its agent and trustee in entering into this agreement on its behalf.
  4. We require You to have an active pallet account with either CHEP or LOSCAM. By agreeing to the Conditions of Carriage You agree to the following pallet policy conditions:
    4.1 We will apply a 30 day delay on all pallet transfers onto Our CHEP or LOSCAM pallet account.
    4.2 We do not exchange pallets.
    4.3 We will not acknowledge any transfer dockets processed more than 90 days from the commencement of the Carriage Services.
    4.4 We require all transfer dockets to be completed within the effective date 30 days from the commencement of the Carriage Services. Failure to complete the effective date correctly will result in a correction being processed by Us upon processing of the pallet transfer transaction.
    4.5 All pallet transfer dockets must be submitted to CHEP or LOSCAM within 60 days of commencement of the Carriage Services. Any transfer dockets not processed within 60 days will be valid from process date. If upon delivery of the Goods We discover that the receiver of the Goods does not have a pallet account, We will transfer the pallets onto Your pallet account.
  5. If you instruct that a particular method of carriage be used, we will try to use that method but at our discretion may use another method if reasonable or necessary.
  6. You warrant that:
    6.1 You are either the owner or the authorised agent of the owner of the goods and by entering into this agreement you do so on your own behalf and for all others on whose behalf you are acting.
    6.2 You have properly described the nature, size and weight of the goods and correctly noted the number of items and accurately labelled the goods.
    6.3 You will not request carriage of any explosive, inflammable or otherwise dangerous (as classified in Australian Dangerous Goods Code) or damaging goods without providing a full description of the goods.
    6.4 You authorise any deviation from the usual route or method of carriage of the goods which we may consider at our discretion to be reasonable or necessary.
  7. We are not a common carrier and do not accept any liability as a common carrier. We may refuse to carry any goods for any person for any reason.
  8. Unless we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for that, 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, misdelivery, failure or delay in the delivery of the goods in transit or in storage for any reason whatsoever, including negligence.
  9. If we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for that, our liability will be:
    9.1 limited to claims exceeding $1,000 (in which case the whole of the claim will be eligible for payment, subject to the limitations in the remainder of this clause 9); and
    9.2 limited to the manufacturing costs of the goods lost or damaged; and
    9.3 limited to loss and damage which is proved by you to have been caused in transit during provision of the carriage services; and
    9.4 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 9.5); or
    9.5 in respect of loss of or damage to goods resulting from a variation in temperature only if attributed to
    9.5.1 breakdown of refrigerating machinery resulting in its stoppage
    9.5.2 fire or explosion
    9.5.3 overturning or derailment of the carrying vehicle
    9.5.4 collision or contact of the carrying vehicle with an external object other than water
    9.5.5 setting of an incorrect refrigeration temperature by our employee or agent, contrary to written instructions; unless otherwise agreed
  10. We must be notified of any circumstances that might give rise to a claim within 24 hours and receive a written claim for loss or damage within 72 hours after delivery of the goods was made at the destination.
  11. Any legal proceedings must be commenced against us within 6 months of the date of the completion of the carriage services or the date upon which the carriage services should have been completed, failing which we are discharged from any liability.
  12. If under applicable State, territory or Commonwealth law, including the Competition & Consumer Act 2010 (Cth), conditions and guarantees are implied terms of a contract based on this agreement, and rights and remedies are conferred on consumers or small businesses 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.
  13. You will be liable to pay freight charges as agreed which are earned when goods are requested to be carried and goods are collected for carriage, regardless of whether or not all the goods requested to be carried are provided for carriage at the time 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. Last revised 5 August 2016
  14. If you advise that freight charges are to be paid by another person 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 date of performance of the carriage services, then you will be liable to pay the charges.
  15. 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, such period to begin when we report for loading or unloading.
  16. You will be responsible for the provision of labour to load or unload the carrying vehicle.
  17. If you fail to pay our charges on reasonable demand being made, we may exercise a lien over the 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.
  18. If agreed charges are exclusive of Goods and Services Tax (GST), you must pay GST in addition to the agreed charges if such tax is applicable to the carriage services provided.
  19. Delivery of the goods shall be at the address given by you for delivery and if 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 acknowledgment of delivery shall constitute proof of delivery.
  20. You agree we may use your personal information for the purposes of our business relationship. We will not disclose your personal information except as required to perform the agreed carriage services or if required to do so by law.
  21. This agreement is governed by the laws of Western Australia.

Harris

  1. In these conditions: "You and Your" means the person requesting carriage services, and includes the consignor and the consignee of the goods. "We, Our and Us" means Rand Transport (1986) Pty Ltd and any business operated by the company and each of their employees and agents. "Goods" means the goods we are requested to carry and includes any packaging, container or pallet in or on which the goods are packed. "Carriage Services" means the entire service we are requested to provide in relation to the goods, including loading, carriage, unloading and storage incidental to transit of the goods. "Sub-contractor" means any person we arrange to provide carriage 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 otherwise agreed in writing.
  3. We are authorised to arrange for a sub-contractor to carry the goods or to store the goods. If we do that, the sub-contractor will be entitled to the full benefit of these conditions to the same extent as we are and we are deemed to act as its agent and trustee in entering into this agreement on its behalf.
  4. We require You to have an active pallet account with either CHEP or LOSCAM.
    By agreeing to the Conditions of Carriage You agree to the following pallet policy conditions:
    4.1 We will apply a 30 day delay on all pallet transfers onto Our CHEP or LOSCAM pallet account.
    4.2 We do not exchange pallets.
    4.3 We will not acknowledge any transfer dockets processed more than 90 days from the commencement of the Carriage Services.
    4.4 We require all transfer dockets to be completed within the effective date 30 days from the commencement of the Carriage Services. Failure to complete the effective date correctly will result in a correction being processed by Us upon processing of the pallet transfer transaction.
    4.5 All pallet transfer dockets must be submitted to CHEP or LOSCAM within 60 days of commencement of the Carriage Services. Any transfer dockets not processed within 60 days will be valid from process date. If upon delivery of the Goods We discover that the receiver of the Goods does not have a pallet account, We will transfer the pallets onto Your pallet account.
  5. If you instruct that a particular method of carriage be used, we will try to use that method but at our discretion may use another method if reasonable or necessary.
  6. You warrant that:
    6.1 You are either the owner or the authorised agent of the owner of the goods and by entering into this agreement you do so on your own behalf and for all others on whose behalf you are acting.
    6.2 You have properly described the nature, size and weight of the goods and correctly noted the number of items and accurately labelled the goods.
    6.3 You will not request carriage of any explosive, inflammable or otherwise dangerous (as classified in Australian Dangerous Goods Code) or damaging goods without providing a full description of the goods.
    6.4 You authorise any deviation from the usual route or method of carriage of the goods which we may consider at our discretion to be reasonable or necessary.
  7. We are not a common carrier and do not accept any liability as a common carrier. We may refuse to carry any goods for any person for any reason.
  8. Unless we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for that, 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, misdelivery, failure or delay in the delivery of the goods in transit or in storage for any reason whatsoever, including negligence.
  9. If we have agreed to provide Extended Warranty Protection for the goods and you have paid the additional charge for that, our liability will be:
    9.1 limited to claims exceeding $1,000 (in which case the whole of the claim will be eligible for payment, subject to the limitations in the remainder of this clause 9); and
    9.2 limited to the manufacturing costs of the goods lost or damaged; and
    9.3 limited to loss and damage which is proved by you to have been caused in transit during provision of the carriage services; and
    9.4 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 9.5); or
    9.5 in respect of loss of or damage to goods resulting from a variation in temperature only if attributed to
    9.5.1 breakdown of refrigerating machinery resulting in its stoppage
    9.5.2 fire or explosion
    9.5.3 overturning or derailment of the carrying vehicle
    9.5.4 collision or contact of the carrying vehicle with an external object other than water
    9.5.5 setting of an incorrect refrigeration temperature by our employee or agent, contrary to written instructions; unless otherwise agreed
  10. We must be notified of any circumstances that might give rise to a claim within 24 hours and receive a written claim for loss or damage within 72 hours after delivery of the goods was made at the destination.
  11. Any legal proceedings must be commenced against us within 6 months of the date of the completion of the carriage services or the date upon which the carriage services should have been completed, failing which we are discharged from any liability.
  12. If under applicable State, territory or Commonwealth law, including the Competition & Consumer Act 2010 (Cth), conditions and guarantees are implied terms of a contract based on this agreement, and rights and remedies are conferred on consumers or small businesses 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.
  13. You will be liable to pay freight charges as agreed which are earned when goods are requested to be carried and goods are collected for carriage, regardless of whether or not all the goods requested to be carried are provided for carriage at the time 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. Last revised 5 August 2016
  14. If you advise that freight charges are to be paid by another person 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 date of performance of the carriage services, then you will be liable to pay the charges.
  15. 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, such period to begin when we report for loading or unloading.
  16. You will be responsible for the provision of labour to load or unload the carrying vehicle.
  17. If you fail to pay our charges on reasonable demand being made, we may exercise a lien over the 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.
  18. If agreed charges are exclusive of Goods and Services Tax (GST), you must pay GST in addition to the agreed charges if such tax is applicable to the carriage services provided.
  19. Delivery of the goods shall be at the address given by you for delivery and if 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 acknowledgment of delivery shall constitute proof of delivery.
  20. You agree we may use your personal information for the purposes of our business relationship. We will not disclose your personal information except as required to perform the agreed carriage services or if required to do so by law.
  21. This agreement is governed by the laws of Western Australia.

Services and rates

Harris Refrigerated operates a national refrigerated freight service connecting all capital cities.  Harris' service offering is daily departures from all states (to all states) via road and rail.  Harris offer direct road services (to all states, including WA); as well as direct rail services (in/out of WA).  If you would like to discuss any of our rates please contact us.

Trading terms

Our policy is payment within 7 days of presentation of our weekly statement.

Our Conditions of Cartage are as per the Terms and Conditions of Carriage.

GST

All transport is subject to Goods and Services Tax (G.S.T), accordingly 10% shall be added to each Tax invoice.

Pallets

Harris Refrigerated is aware of the need for strict control of pallets and other carrying devices (pallecons etc). Accordingly, we are happy to cooperate by ensuring that all pallets, bins, cages etc are transferred or exchanged at pick up and or delivery.We accept transfers to our account, effective from the day we can retrieve pallets from your customers.

However if no such transfer or exchange can be effected and Harris Refrigerated has to provide pallets, etc, they will be charged to the sender.

Rating

  • Full Pallets - Means a pallet should not exceed 2.4m in height and 1050kg including pallet weight.

Insurance

Harris Refrigerated is not a common carrier and shall accept no liability as such. All goods carried, transported and/or stored and all services provided by the company subject only to our Terms and Conditions of Contract.

We suggest you consider effecting your own insurance over your goods whilst we are carrying them, and that you advise your insurance company that your goods are being transported pursuant to those terms. We do offer a limited option at your cost. Full details are available on completion of our credit application form.

Fuel Levy

The latest fuel levy adjustments are available here

JAT

Introduction

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