Conditions of Carriage of Goods



In this document the following definitions apply:

Agreement means the contract of carriage of the Goods incorporating these terms and conditions.
Carrier means RGR Road Haulage Pty Ltd its employees, servants, agents and Subcontractors.
Consignor means any person to whom the Carrier delivers or is intending to deliver the Goods.
Consignee means any person to whom the Carrier delivers or is intending to deliver the Goods.
Customer means the person requesting the Carrier to provide the Services and making payment to
the Carrier.

Goods means any goods, substance or thing delivered or tendered to the Carrier for carriage and/or
storage under this Agreement and includes any container, pallet or packaging

which the Goods are in or on.

Services mean the service to be provided by the Carrier or its Subcontractor, to the Customer
pursuant to this Agreement.

Subcontractor means any person (including a person operating a railway) the Carrier uses to perform
all or part of the Services instead of the Carrier, and any person who is

an employee, servant, agent or subcontractor of such a person.

A reference to a person includes a corporation, trust, partnership, unincorporated body or other
the entity, whether or not it comprises a separate legal entity.

Terms and Conditions

1. All Goods are carried, and all storage and other services are performed by the Carrier subject only
to these terms and conditions. These conditions continue to apply despite any breach by the Carrier
or by a Subcontractor, even if the breach is of a fundamental term.

2. The Carrier is not a common carrier and will accept no liability as such.

3. The Carrier reserves the right to refuse to carry or deal with any goods or class of goods for any
the person at its discretion.

4. The Customer warrants that, when the Customer gives, or arranges for another person to give,
the Carrier or a Subcontractor Goods for carriage, the Customer is acting as agent for each person
who has an interest in the Goods. Each of them is a party to the Agreement and is bound by these
conditions in the same way as the Customer

5. The Carrier is entitled to depart from instructions given to it by the Customer (including deviating
from the usual route or changing the place of storage or mode of carriage) at the Carrier's discretion.
6. The Customer hereby authorises the Carrier, if the Carrier should think fit to do so, to use a
Subcontrattor to perform all or part of the Services instead of the Carrier.

6.1. The Carrier enters into this Agreement as agent or trustee for any Subcontractor used. Each of
them is a party to each agreement the Carrier enters into with the Customer.

7. The Carrier delivers the Goods when it leaves them at the place tive Customer nominates. If no-
one is there, the Carrier may choose whether to leave the Goods there, store them, or return them
to the Customer. If the Carrier decides to store the Goods, or return them to the Customer, the
Customer must pay the Carrier’s reasonable charges. If the Customer asks the Carrier to on forward
Goods, the Carrier delivers them when it gives them to the onforwarding agent.

3. Any storage of Goods by the Carrier or arranged by the Carrier shall be as agent of the Customer
and shall be solely at the Customer’s risk.

26 Meliador Way, Midvale WA 6056 | PO Box 312, MIDLAND WA 6936 | P (08) 9274 2039 | F (08) 9274 8196 1
4 Miller Street, Wedgefield WA 6721 | P (08) 9140 1942 | M0429 420 513
12 Woodstock Street, Newman WA 6753 | P (08) 91750720 | M0477 420504
Lot 1102 Mooligunn Road, Karratha WA 6714 | P (08) 91855875 | M0488 420 444
9. A receipt from a person at the destination is proof of delivery.

10. The Customer hereby warrants that the Goods are properly packaged, labelled, unitised,
scheduled and identified to the Carrier and without limiting the foregoing warrants that:

10.1. The Goods are specifically declared and fully described in the space provided on the
consignment note;

10.2. Except as specifically declared and fully described in the space provided on the consignment
note, the Goods do not include:

10.2(a). Goods which are liquid, explosive, inflammable, radioactive, corrosive, poisonous,
infectious, or otherwise of a dangerous, hazardous or noxious nature which are capable of causing
damage or injury to any person, property, animal, store, vessel, vehicle, aircraft or other conveyance
in which or with which such Goods may be loaded, carried, packed or stored;

10.2(b). Goods the carriage or storage of which would be illegal or prohibited by any law or
regulation relating to the nature, condition, packaging or labelling of such Goods; or

10.2(c). Goods of a kind which are subject to special rates of carriage;

10.3. It has complied with all laws and regulations relating to the nature, packaging, labelling,
storage or carriage of the Goods and that the Goods are packed in a manner adequate to withstand
the ordinary risks of storage and/or carriage having regard to their nature;

10.4. It has disclosed in writing to the Carrier prior to this Agreement any matter relating to the
nature of the Goods or any particular care and attention which should be applied to the Goods and
which could affect the likelihood of them being damaged or causing loss, damage or injury to any
persons or property.

11. The Carrier is entitled to open anything in which the Goods are placed or carried in order to
inspect them to find out their nature, condition or destination, or who owns them. The Carrier shall
not be liable for any loss or damage to the Goods caused by or arising directly or indirectly as a result
of such opening and inspection.

12. Subject to Clause 27, the Carrier reserves the right to unpack any unitized freight and shall not be
liable for loss or damage to the Goods caused by or arising directly or indirectly as a result of such

13. If the Carrier thinks that the Goods are or may become dangerous or offensive, it may do
anything it believes appropriate to avoid or minimise any loss, damage or offence. This includes
destroying the Goods. This does not affect any other rights the Carrier may have.

14. The Customer must comply with ail legal requirements, and any requirements of the person to
whom we deliver the Goods, in relation to the Goods, including requirements relating to their shape,
packaging, labelling and transportation.

15. The Customer is liable for any loss or damage to the Goods caused directly or indirectly by their

16. At the end of the carriage, the Customer must make sure that the Customer returns to their
owner any containers, pallets or packaging which is delivered to the Carrier with the Goods.

17. The Customer must pay the Carrier's charges for its Services. The Carrier’s charges shall be
considered earned as soon as the Goods are received by the Carrier for carriage and/or storage and
under no circumstances, subject to clause 27, will any charges paid to the Carrier be refunded.

18. The Customer can arrange for someone else to pay the Carrier’s charges. However, the Customer
remains liable to the Carrier. If the Customer is not told that payment is required when the Goods
are received by the Carrier, the Customer must pay within 7 days after that day. The Customer must
pay the Carrier whatever happens to the Goods - even if they are lost, damaged or destroyed.

19. Charges not paid by the due date shall be subject to a charge of 8%p.a. commencing from the
due date of the charges until the charges are paid in full.

20. In the case of Goods of a kind referred to in clauses 10.2 or 10.4 the Customer shall pay any
additional freight charges in respect of such Goods as may be deemed necessary by the Carrier.

21. The Carrier may charge by weight, measurement or value and may at any time reweigh,
remeasure or revalue the Goods ar require that the Goods be reweighed, remeasured or revalued
and in the event of there being an increase in the weight, value or measurement of any of the
Goods, then the Carrier may claim an additional charge:

21.1. Proportional to the increase disclosed; and

21.2. On account of any penalty incurred by it as a result of the incorrect weight, measurement or

22. The Customer must pay the Carrier an additional reasonable charge in each of the following

22.1. The Carrier or Subcontractor has to perform Services, or reasonably perform Services, in
addition to the Services quoted for.

22.2. The carriage is delayed for a reason that is not the fault of the Carrier or of the relevant

23. The Customer must also pay the Carrier for any amount it has to pay, or a relevant Subcontractor
has to pay, in relation to the Goods or their carriage. This excludes a payment for subcontracting the

24. Any claims for overcharges, other than mathematical error apparent on the face on any invoice,
are waived by the Customer unless the claim is made in writing within 21 days of the date of the
relevant invoice.

25. Insurance caver is not included in the Carrier’s charges and will not be arranged by the Carrier.
26. When the Goods are accepted for Carriage by the Carrier, the Carrier has a lien over the Goods
and any related documents, and over any other Goods and related documents of the Customer’s in
the Carrier's possession, as security for payment of any money the Customer owes the carrier or will
owe the Carrier whether in respect of the Goods or in respect of any other goods for which the
Carrier provides or has provided services of Carriage. Without prejudice to any other rights the
Carrier may have under the legislation, the Carrier may remove all or any of the Goods and store
them as the Carrier thinks fit at Customer's risk and expense and/or the Carrier may sell the Goods
or documents without giving the Customer notice. If the Carrier does so, it is entitled to offset the
amount it receives against the money the Customers owes to the carrier.

26.1. The Customer agrees that the lien arising under these conditions is a security interest;

26.2. If the Carrier requests, then the Customer must promptly upon receipt of a request from the
Carrier do anything for the purposes of ensuring that a security interest created under, or provided
for by, these conditions is enforceable, perfected (including but not limited to perfection by
registration), maintained and is otherwise effective. Anything that is required by the Customer to be
done under this clause will be done by the Customers at its own expense. The Customer agrees to
reimburse the costs of the Carrier in connection with any action taken by the Carrier under or in
connection with this clause.

26.3. The parties agree to the extent permitted by the Personal Property Securities Act 2009 (Cth)

26.3.1. Sections 125, 142 and 143 of the PPSA do not apply (unless the Customer is otherwise
notified in writing by the Carrier);

26.3.2. Any right to receive a notice or statement arising by virtue of sections 129, 130, 132. 134 and
135 of the PPSA is waived; and

26.3.3. Any right to receive a copy or any notice of any verification statement confirming registration
of a financing statement or a financing change statement relating to any security interest under or
provided for by these conditions is waived.

27. When the carrier performs Services, to the extent permitted by law:

27.1. Its liability is completely excluded; and

27.2. Any action must be commenced within 6 months after the date the Goods were delivered or
should have been delivered.

28. Notwithstanding clause 27, when the Carrier performs Services for the purpose of a business,
trade, profession or occupation carried on or engaged in by the Customer, it does so entirely at the
Customer’s risk.
28.1. No matter what the cause may be, the Carrier is not liable under any circumstances for the
delay in delivery of the Goods, mis delivery of them, or a total failure to deliver them or for loss of
the Goods or damage to them or deterioration of them.

28.2. The Carrier is not liable for negligence or wilful misconduct by it or by a Subcontractor that it
uses in relation to the carriage. The Carrier is not liable for an act or omission that is not
contemplated by its Agreement with the Customer.

29. Every exemption, limitation, condition and liberty contained in these conditions and every right,
exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to
which the Carrier is entitled under these conditions will also be available to and will extend to

29.1. All Subcontractors; and

29.2. Every employee or agent of the Carrier or of a Subcontractor.

For the purposes of clause 29 the Carrier is or will be deemed to be acting as agent or trustee on
behalf of and for the benefit of its employees, Subcontractors and their employees and each of them
will to this extent be or deemed to be parties to these conditions.

30. If the Customer thinks it has a claim against the Carrier or a Subcontractor, the Customer must
make the claim against the Carrier and no-one else. The claim must be in writing and must reach the
Carrier within 7 days after the date the Goods were delivered or should have been delivered. The
Customer has no claim in any circumstances against any person (including a Subcontractor) except
the carrier.

31. The Customer shall indemnify the Carrier in respect of:

31.1. All claims by any person or party whatsoever for injury to any person or persons and /or
property caused by or in connection with or arising out of the carriage of the Goods;

31.2. The Carrier’s liability for any loss of or damage or injury to any person, property or thing
caused by, occurring during or arising out of any packaging, loading, unloading, removal, assembly,
erection or storage of the Goods.

31.3. Any loss or damage which may be suffered by the Carrier as a result of any breach by the
Customer of these terms and conditions.

31.4. Any loss or damage to the Carrier’s property which occurs due to the nature or condition of the

32. Notwithstanding anything contained in these conditions, the Carrier will continue to be subject
to any implied terms, conditions, guarantees or warranties imposed by the Competition and
Consumer Act 2010 (Cth) or any other Commonwealth or state legislation in so far as such may be
applicable and prevents the exclusion or modification of any such term, condition, guarantee or

33. Liability of the Carrier arising from a breach of guarantee implied into these terms and conditions
by the Australian Consumer Law or howsoever arising is limited to any of the following as
determined by the Carrier:

33.1. The supplying of the Services again;

33.2. The payment of the cost of the Services supplied again.

34, These conditions represent the entire agreement between the parties and supersede all prior
representations, agreements, statements and understandings between them.

35. The Carrier shail not be bound by any agreement purporting to vary this Agreement unless that
agreement is in writing and signed on behalf of the Carrier by a duly authorised officer of the Carrier.
36. A waiver of any of the Customer’s obligations is ineffective unless it is in writing and signed by a
duly authorised officer of the Carrier.

37. In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect other provisions of this Agreement and this Agreement shail be
construed as if it did not contain the invalid, illegal or unenforceable provision.
38. This Agreement is governed by the laws of Western Australia. Each party submits to the
jurisdiction of the courts exercising jurisdiction in Western Australia and waives any right to claim
that those courts are an inconvenient forum.

RGR Road Haulage prides itself with the personal understanding of our clients' requirements to ensure that their expectations are fulfilled.
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