| 1. |
In these conditions 'The Company' shall
mean Gregorys Transport Pty Ltd in its own name or under any business
Name and unless the context of otherwise requires its servants, agents
and sub-contractors.
The Company does not accept responsibility for or make any admission
in relation to the accuracy of any of the matters contained in any Receipt
given for the goods and in particular the accuracy of any weight, measurement,
quality, quantity, gauge, strength or value endorsed on the Receipt.
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| 2. |
(a) The Storer (which expression shall
mean the person or persons to whose order or in whose name or names the
goods are from time to time being held) warrants that the goods comply
with the requirements of any applicable law relating to the nature, condition
and packaging of the goods and the expenses and charges of the Company
in complying with the provision of any such law or with any order or requirement
there under or, with the requirements of any Harbour, Dock, Railway, Shipping
Customs, Warehouse of other Authority or person, firm or organization
shall be paid by the Storer.
(b) If any of the goods are subject to the control of the Customs then
the Storer hereby agrees to hold the Company harmless and indemnified
in respect of all Customs Duty, Excise Duty and costs which the Company
may become liable to pay and shall pay in respect of such goods pursuant
to any law relating to Customs or Excise.
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| 3. |
Subject to Clause 9 hereof the goods are stored entirely
at the risk of the Storer and the Company will not be liable to any person
or persons for any loss or damage to the goods or part thereof or for
any death or injury caused to any person arising out of the storage of
the goods and whether caused wholly or partly directly or indirectly by
such storage and whether such loss, damage, death or injury arises from
the negligence of the Company or otherwise and this indemnity extends
to any consequential loss arising there from.
Nothing herein contained shall constitute the Company as insurers of
the goods herein referred to.
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| 4. |
The Storer hereby indemnifies and keeps indemnified the
Company from all claims and liabilities of whatsoever nature in connection
with any loss, damage, death or injury as aforesaid.
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| 5. |
The goods are accepted subject to general lien for all
charges now due to which hereafter becomes due to the Company by the Storer
on any account whether in respect of the goods comprised herein or in
respect of any other goods for which the Company provides transport or
any other service.
This right is additional to any right or rights conferred upon the Company
by a statute.
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| 6. |
Upon notice in writing being given by or on behalf of
the Company to the Storer requiring the Storer to remove such goods or
any part of them the Storer must within one month from the date of the
giving of such notice pay any charges to which the general lien of the
Company extends and remove and take away such goods or part thereof.
Such notice must be given by sending the same through the post to or
by leaving it at the clients last known place of business.
If upon the expiration of one month from the giving of such notice the
Storer has failed pay such charges as aforesaid and to remove the goods
or part thereof the Company may remove such goods or part thereof and
store them in such place and in such manner as it thinks proper and at
the risk and expense of the Storer.
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| 7. |
The Storer hereby warrants that he has full power and
authority to deal with the goods and hereby indemnifies and shall keep
indemnified the Company against any claim of whatever nature by any person
or persons in respect of the goods.
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| 8. |
If the rent or charges in respect of the goods or part
thereof shall be in arrears and unpaid for three months the Company may
give seven (7) days notice in writing to the Storer requiring the Storer
to pay the rent or charges in arrears and unpaid. Such notice may be given
in the same manner as provided for in Clause 5 hereof. If upon the expiration
of seven (7) days from the giving of such notice the Storer has failed
to pay such rent or charges the Company may open any package or container
in which the goods are contained and may sell such goods or any part thereof
and the Company shall not be liable to any person for any loss or damage
thereby caused.
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| 9. |
Notwithstanding the provision hereof they shall be read
subject to any implied terms, conditions or warranties imposed by the
Trade Practices Act 1974 (Cmth) or any other Commonwealth or State Legislation
insofar as such may be applicable and prevents either expressly or impliedly
the exclusion or modification of any such term condition or warranty.
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