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TERMS AND CONDITIONS OF STORAGE

GREGORYS TRANSPORT PTY LTD
ABN 77 064 748 778

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.

 

   
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.

 

   
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.

 

   
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.

 

   
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.

 

   
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.

 

   
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.

 

   
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.

 

   
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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