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•  The Carrier is not a common carrier and retains an absolute discretion whether or not to accept goods or passengers for carriage.

•  The Consignor accepts these terms on the Consignor's own behalf and on behalf of the owner of the Cargo and any other person travelling in, on or with the Cargo.

•  The Cargo will at all times be and remain at the sole risk of the Consignor. The Carrier will not be responsible for insuring the Cargo or arranging such insurance.

•  The Consignor indemnifies the Carrier for any costs, claims or liabilities to which the Carrier may become exposed arising from the carriage of the Cargo or any other service provided by the Carrier to or for the Consignor, the Consignor's negligence, or the Consignor breaching these terms or any law, whether the Consignor or someone else makes the claim, including for any matter described in clause 7.

•  The Consignor warrants that the Cargo is securely and appropriately packaged and safe for transport and that the Consignor has complied with all applicable laws relating to the description, packaging and transport of the Cargo. The Consignor warrants that where any law imposes upon the Carrier any obligations in relation to the loading, transit or unloading of dangerous or hazardous goods, such goods do not form all or any part of the Cargo. The Consignor agrees to indemnify the Carrier for any costs, claims or liabilities whatsoever arising (including negligence) as a result of the transport of any goods of a dangerous or hazardous nature.

•  At law, including under the Trade Practices Act 1974 (Cth) and various State laws certain terms, conditions and warranties are implied into contracts for the supply of goods and services ("Implied Terms"). The Carrier excludes the Implied Terms which it is permitted to exclude at law. Where it is permitted at law to limit liability for breach of the Implied Terms, the Carrier limits its liability to either one or both of the following, as determined by the Carrier:

•  supplying the carriage service again; or

•  paying of the cost of having the carriage service supplied again.

•  Subject to clause 6, the Carrier is not liable for the following:

(a)      in regard to the Cargo - loss, damage, misdelivery (including delivery to the wrong destination or delivery of the wrong Cargo), delayed, early, or non-delivery, concealed deterioration, contamination or evaporation;

(b)      in regard to person(s) or property - loss, damage, illness or death; and

(c)      any other loss or damage of any kind,

however they are caused (including, but not limited to, negligence or breach of contract by the Carrier), whether direct or consequential, and whether arising from or in connection with any service the Carrier provides (including, but not limited to, the loading, transit or unloading of the Cargo and passengers) or failure to provide the services or otherwise.

•  If there is no one in attendance at the place the Consignor has instructed the Carrier to deliver the Cargo at the time the Carrier delivers the Cargo, the Carrier may either leave the Cargo at that place or store the Cargo at the Consignor's cost.

•  The Consignor must pay to the Carrier for the carriage of Cargo or other services provided by the Carrier such fees and charges determined by the Carrier and the Consignor agrees that:

•  pre-advised charges are indicative only, and subject to change. The Carrier may levy any additional charges as it thinks appropriate;

•  the Carrier's charges are earned when the Cargo is loaded whether or not the Cargo is delivered to the place the Consignor has instructed the Carrier to deliver the Cargo and whether or not it is delivered undamaged or damaged; and

•  the Consignor will pay the Carrier within 7 days of the date of tax invoice or other demand provided by the Carrier, any costs, charges or demands or other levies associated with any service the Carrier provides to the Consignor (including any storage costs).

•  The Consignor grants the Carrier a lien over the Cargo while it is in the Carrier's possession in respect of any costs, expenses, charges or claims arising under these terms or any other contract between the Carrier and the Consignor, whether the subject of any demand or not. Where those charges are not paid when due, the Carrier may at its option and without any notice, in the case of perishable Cargo immediately and in any other case upon expiration of one month from the date on which those charges become due either:

(a)      remove such Cargo or any part of it and store it in such place and manner as the Carrier thinks fit and at the Consignor's risk and expense; or

(b)      open and sell all or any of the Cargo upon such terms as the Carrier thinks fit and apply the proceeds in, or towards, discharge of the lien and costs of sale without being liable to any person for any loss or damage caused.

•  These terms represent the entire agreement between the Carrier and the Consignor and may only be varied by signed agreement.  

•  In these terms, unless the context requires otherwise:

" Carrier " means Gippsland Lakes Barge Services Pty Ltd ABN 91 005 095 036 and each of its employees, agents and sub-contractors.

" Consignor " means the person for whom the carriage is undertaken or other services are provided by the Carrier.

" Cargo " means the goods (including any vehicles or containers) which the Carrier carries for the Consignor under this contract and includes any part of Cargo.