Terms of payment

Road Freight – Before pickup

Air freight – Prior to entry into Pre-Export Quarantine (“PEQ”) or 7 Days prior to departure if no PEQ is required.

Payment made by;

Visa, Bankcard, Mastercard, Telegraphic Transfer, Direct deposit to our account or by cheque only if prior arrangement has been made.

1. Definitions

“Carriage” means all transport services provided by the Carrier to the Consignor, including, but not limited to, dispatch, pick-up, carriage, transportation, storage, consignment, delivery, agistment, resting, temporary, depasturing, livery or any other service provided by the Carrier in relation to the Goods. The same meaning shall be attributed to the word “carried” when used in the contract.

 “Carrier” shall mean the Glenanbella Pty Ltd T/A Combined Horse Transport (ABN 926 484 376 01),  its servants and agents.

“Collateral” means the personal property offered up as security for the debt or other obligation owed to the Carrier by the Consignor. The Collateral for the purposes of this agreement means the Consignor’s Goods.

“Consignor” means any person/s, firm, body or corporation (or person/s acting on behalf of and with the authority of the Consignor) placing an order with the Carrier to undertake Carriage of the Goods, or places Goods with the Carrier for transportation, and if there more than one person or entity requesting Carriage, is a reference to each person jointly and severally.

“Goods” shall include goods and livestock of every description, together with any other incidental items or accessories, the subject of the contract.

“Sub-contractor” shall mean and include:

1. Railways operated by the Commonwealth or any State;
2. Any other person, firm or company with whom the carrier may arrange the carriage of goods the subject of this Contract and any person who is now or hereafter a servant, agent, employee or subcontractor thereof;

• Any person, firm or company with whom the Carrier may arrange to have the goods including livestock the subject of any carriage contract stores and/or agisted and/or liveried and any person who is hereafter a servant agent employee or sub-contractor thereof.

2. Acceptance
   • The Consignor is taken to have exclusively accepted, and is immediately bound, jointly and severally, by these terms and conditions if the Consignor delivers up the Goods to the Carrier’s possession for the Carriage thereof.

3. Price
   • At the Carrier’s sole discretion, the price shall be either:
     • as indicated on invoices provided by the Carrier to the Consignor in respect of the Carriage of the Goods; or
     • the Carrier’s quoted price which shall be binding upon the Carrier provided that the Consignor shall accept in writing the quotation within seven (7) days.
   • The Carrier reserves the right to change the price to reflect any increases to the Carrier in the cost of performing the Carriage of the Goods, which are beyond the reasonable control of the Carrier.
   • The charges of the Carrier shall be considered earned as soon as the Goods are in the hands of the Carrier, its servants or agents.
4. Carriage of the Goods
   • The Carrier is not a common carrier and will accept no liability as such. All Goods are carried or transported including all storage, agistment, livery and other services by the Carrier subject only to these conditions and the Carrier reserves the right to refuse to carry or transport goods for any person, corporation or company at its absolute discretion.
   • If the Consignor instructs the Carrier to use a particular mode of carriage the Carrier will use its best endeavours to use same provided if that method or means is unavailable at the date of planned movement then subject to further instructions from the Consignor, providing he is readily available to the Carrier, the Carrier shall be entitled to use its discretion to adopt some alternative method or means and the Consignor shall be deemed to authorise the Carrier to carry or have the goods carried by such other method or means.
   • The Consignor hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute discretion of the carrier be deemed reasonable or necessary in the circumstances.
   • The Consigner hereby authorises the Carrier to arrange with a Sub-contractor for the Carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said Goods to such Sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.
   • The Consignor hereby expressly agrees and acknowledges that insofar as it may be necessary to ensure that Sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the Sub-contractor.

5. Risk and Insurance
   • The Goods are at the risk of the Consignor at all times and, under no circumstances does the Carrier undertake to insure, or arrange for the insurance of, the Goods against any insurable risk whatsoever. The Consignor:
     • warrants that the Goods are fully insured against all risk which may arise during the Carriage of the Goods; and
     • acknowledges and agrees that the Carrier is not responsible, and cannot be held responsible for, any incidents whatsoever in which may void any insurance policy that the Consignor has for the Goods; and
     • hereby agrees to produce to the Carrier any insurance policy affecting the Goods if requested to do so by the Carrier prior to the Carriage of the Goods.

6. Default and Consequences of Default
   • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month after as well as before any judgment.
   • If the Consignor owes the Carrier any money the Consignor shall indemnify the Carrier from and against all costs and disbursements incurred by the Carrier in recovering the debt (including but not limited to internal administration fees, collection agency costs and legal costs on a solicitor client basis).
   • Without prejudice to any other remedies the Carrier may have, if at any time the Consignor is in breach of any obligation (including those relating to payment) the Carrier may suspend or terminate the Carriage of the Goods, and any of its other obligations under these terms and conditions. The Carrier will not be liable to the Consignor for any loss or damage the Consignor suffers because the Carrier exercised its rights under this clause.
7. Loss or Damage
   • The Consignor acknowledges that it has been given the opportunity to inspect the Carrier’s facilities and vehicles and acknowledges that they meet the standard applicable to the freight/transport industry.
   • Unless otherwise expressly agreed in writing, no responsibility at law in tort, contract or otherwise (whether or not in any way occasioned by or due to the negligence of the Carrier) shall be accepted by the Carrier for any loss, damage, or misdelivery of or failure to deliver or delay in delivery of goods either in transit, storage, agistment, livery or alteration or carriage for any reason whatsoever.
   • The Carrier shall in no circumstances be liable for indirect or consequential loss or damage arising from the services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused.
   • Any liability of the Carrier in relation to the Carriage, howsoever arising or incurred, is limited to the cost charged to or incurred by the Consignor for Carriage.
8. Consignor Responsibilities
   • The Consignor expressly warrants with the Carrier that:
     • the Consignor is either the owner or the authorised agent of the owner of all Goods the subject matter of Carriage and by entering into any arrangement to carry the Goods the Consignor expressly accepts these conditions of Carriage as owner or agent of the owner.
     • the Consignor will indemnify the Carrier for any veterinarian fees incurred at any time while the Goods, if livestock, are in the custody of the Carrier.
     • the Carrier may, at its discretion, provide or arrange for any other party to provide feed, water, agistment or temporary depasturing during Carriage.
     • the Consignor will indemnify the Carrier for any costs incurred under cl 8(c).
   • The Consignor acknowledges that the transportation of such is a high-risk activity. There are inherent dangers in loading and unloading, and a foreseeable risk that the livestock will be injured in transit or suffer from travel sickness or die.
9. Cancelation
   • The Carrier may cancel any contract to which these terms and conditions apply or cancel the Carriage of the Goods at any time before the Goods have been loaded for Carriage, by giving written notice to the Consignor. On giving such notice, the Carrier shall repay to the Consignor any sums paid in respect of the Price. The Carrier shall not be liable for any loss or damage whatever arising from such cancellation.
   • In the event that the Consignor cancels the Carriage of the Goods, then the Consignor shall be liable for any loss incurred by the Carrier up to the time of cancellation.
10. Personal Property Securities Act 2009 (Cth) (“the Act”)
    • These terms and conditions constitute a security interest for the purposes of the Act and where the context requires words used in these terms and conditions should be given the same meaning as in the Act.
    • As security for the price and other monetary obligations owing pursuant to these terms and conditions, the Consignor:
      • grants to the Carrier a security interest, being a charge over the Collateral AND any proceeds realised from either the sale thereof or any insurance policy relating thereto.
      • consents to the registration of the security interest created by these terms and conditions on the Personal Property Securities Register (“PPSR”).
      • consents to the Carrier registering a financing statement and/or financing change statement with the PPSR.
    • The Consignor undertakes to:
      • promptly sign any further documents and/or provide any further information requested by the Carrier to complete and register any financing statement or any financing change statement with the PPSR;
      • indemnify and, upon demand, reimburse the Carrier for all expenses incurred in searching, registering and/or discharging a financing statement or any other document with the PPSR and any reasonable enforcement fees and expenses in relation to such security interests; and
      • not grant any encumbrance to any other person in the collateral without first obtaining the consent in writing of the Carrier. The Carrier will be entitled, at its sole discretion, to withhold consent without providing a reason.
    • The Consignor acknowledges and waives its rights to notice as a debtor or grantor under sections 95, 121(4), 129(2)(a), 130, 132(3)(d), 132(4), 135 and 137(2) of the Act.
    • The Consignor declares that, to the extent permitted under the Act, sections 142 and 143 of the Act will not apply to these terms and conditions and the security interest granted under this clause.
11. Competition and Consumer Act 2010 (Cth)
    • Except as required by statute and including the Competition and Consumer Act, all implied conditions and warranties are hereby excluded, subject to the extent that such conditions and warranties cannot be excluded under statute.
    • Except as required by statute and including under the Competition and Consumer Act, the Carrier does not does not accept liability for any direct, indirect or consequential loss or damage caused to the Consignor or any other person which arises out of the negligence or carelessness of the Carrier or any of its employees, servants or agents.
12. General
    • The failure by the Carrier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Carrier’s right to subsequently enforce that provision.
    • If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These conditions shall be governed and construed in accordance with the laws of the State of Western Australia.
    • The Consignor agrees that the Carrier may amend these terms and conditions at any time. If the Carrier makes a change to these terms and conditions, then that change will take effect from the date on which the Carrier notifies the Consignor of such change. The Consignor will be taken to have accepted such changes if the Consignor makes a further request for the Carrier to perform Carriage of Goods for the Consignor.
    • Where the Carrier is unable, wholly or in part, by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Carrier, including, but not limited to, any act of God, war, terrorism, strike, civil commotion, lock-out, general or partial stoppage, restraint of labour, industrial action, fire, flood, storm, etc. (“Force Majeure”) to carry out any obligation under the contract, and the Carrier gives the Consignor prompt notice of such Force Majeure, with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform, or be delayed in performing, that obligation, and uses all reasonable diligence to negate or remove that Force Majeure as quickly as possible, that obligation is suspended, so far as it is affected by Force Majeure, during the continuance thereof. The requirement that any Force Majeure shall be negated or removed with all reasonable diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the Carrier.
    • The Consignor acknowledges that it has had the opportunity to seek independent legal advice in relation to these terms and conditions.