Terms & Conditions

 To print or download a copy of this document, click here ->    CFMS - Terms & Conditions

Conditions of Carriage

1. In these conditions 'Carrier' shall mean Central Freight Management Services Pty Ltd, ACN 008 287 634, its divisions, subsidiaries, subcontractors or affiliates.  'Client' means any person or Company referred to in this document.  'Carriage' shall mean and include all the services undertaken by the Carrier in respect of  Goods.  'Goods' shall mean and include the cargo accepted from the Client.
2. The Carrier is NOT A COMMON CARRIER and will accept no liability as such.  Carriage of Goods by the Carrier is subject to these conditions of carriage AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OF GOODS FOR ANY PERSON CORPORATION OR COMPANY AND CARRIAGE OF ANY CLASS OF GOODS AT ITS DISCRETION.  The Carrier shall not be bound by any agreement purporting to vary these conditions of contract unless such agreement shall be in writing and signed on behalf of the Carrier by an authorised Officer of the Carrier.
3. These conditions apply  whether Goods are delivered or not.
4. Carrier may  have Goods carried, stored or handled by any operator (whether servant agent or sub-contractor of Carrier or of any sub-contractor or any other person).  Goods may be carried by any route and stored at any place.
5. The Carrier shall not be liable for loss, damage, delay, concealed damage, deterioration, contamination, evaporation, misdelivery, or non-delivery, whether caused by negligence, misconduct or otherwise, and Client will indemnify Carrier against any such claim. This indemnity shall extend to any servant or agent of the Carrier including any other person or company with whom the Carrier may arrange for the Goods and the servants of such person or company.
6. The Carrier is authorised to deliver Goods at the address given to the Carrier by the Client for that purpose and it is expressly agreed that the Carrier shall be taken to have delivered Goods in accordance with his contract if at that address he obtains from any person a receipt or signed delivery docket for Goods.  If the delivery address should be unattended or if delivery cannot otherwise be made by the Carrier the Carrier may at its option store Goods or redeliver Goods to the Client and any such storage or redelivery to the Client shall be at the Client's expense.
7. A charge may be made by the Carrier in respect of any delay in loading and/or unloading occurring other than from the fault of the Carrier.  Such delay period shall commence upon the Carrier reporting for loading or unloading.  Labour to load or unload the vehicle  shall be the responsibility and expense of the Client.
8. Carrier shall have a lien on Goods (in the event that the Goods are legally in the control of the Client) and any relevant documents for freight charges and all other charges now due or which may hereafter become due to the Carrier by the Client on any account whether in respect of Goods comprised herein or in respect of any other Goods for which the Carrier provides transport or any other service, and in the event of payment not being made on demand may enforce such lien by sale of Goods without notice, in the case of perishable Goods forthwith and in any other case upon expiration of one month.
9. A detailed Consignment Note must accompany each consignment.
   
10. The Carrier is entitled to open any document, wrapping, package or any other container in which Goods are placed or carried to inspect Goods either to determine their nature or condition or determine their ownership or destination where any consignment note or identifying document or mark is lost, damaged, destroyed or defaced.
    
11. All consignments with no nominated onforwarding carriers marked on both freight and paperwork will be sent per Carrier's own onforwarding Service at the Client's cost.
    
12. Additional charges may apply for the following services:
     "Cash on Delivery" Collections, Returns, Proofs of Delivery, Pre Paid onforwarding Consignments, e.g. Bus Freight, etc.
    
13. Where it is agreed that the charges for carriage will be paid by the Client or a third party the Client or third party will indemnify the Company against any loss resulting from the non-payment of the charges by the Client or third party and without limiting the generality the Client agrees that if or insofar as any charges are not paid on demand the Company will demand payment by the Client.  All collection and solicitor fees incurred by the Company in relation to this demand will be charged against the Client.
    
14. The Client or his authorised agent shall not tender for carriage any explosive, inflammable, dangerous or otherwise hazardous Goods or Goods which may become dangerous or hazardous without presenting a full description of those Goods, with supporting documentation and in any event the Client hereby indemnifies the Carrier for any liability whatsoever arising out  of the carriage of such Goods. If in the opinion of the Carrier Goods are or are liable to become dangerous or hazardous, Goods may at any time be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Client and without prejudice to the Carrier's right to indemnify or any charges hereunder.
    
15. The Client warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, scheduling, identifying to the Carrier and carriage of Goods and that Goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature and hereby indemnifies the Carrier for any liability whatsoever as a result of or arising out of the Client's failure to comply with each of these warranties.
    
16. The Carrier accepts pallets or any other packaging device or material only on the express condition that all charges pertaining to the pallets, packaging device or material be paid by the Client and in the event of the Carrier signing for receipt of any pallets, packaging  device or material; they do so only on behalf of the Client who accepts full responsibility for them and for freight charges thereon.  Carrier accepts no responsibility for return of pallets.
    
17. Any notice to the Client required to be given under these conditions may be given in writing and delivered personally, posted to the Client at the address last known to the Company, sent by facsimile to the facsimile number last known to the Company or sent by electronic communication to the last known information system of the Client.  A notice so delivered shall be deemed to have been received by the Client upon receipt of the written notice delivered personally; at the time when in the ordinary course of postage it should have been delivered; a notice sent by facsimile shall be deemed to have been received by the Client at the time indicated in the Company's record of transmittal and a notice sent by electronic communication shall be deemed received by the Client at the time when the electronic communication enters the Client's information system.
    
18. These conditions of contract shall be governed by and construed in accordance with the law of the State of South Australia and any proceedings against the Carrier shall be brought in South Australia only.
    
19. Insurance will not be arranged by the Carrier. It is the responsibility of the Client to ensure that adequate insurance cover is arranged in view of the application of all clauses in this agreement upon which the Carrier accepts Goods for carriage.
    
20. The Client hereby agrees that commencement of trading constitutes an acceptance of the Carrier's Conditions of Carriage.
    

Conditions of Storage

1. In these conditions 'Company' shall mean Central Freight Management Services Pty Ltd, ACN 008 287 634, its divisions, subsidiaries, subcontractors or affiliates. 'Storer' means any person referred to in this document.
2. All goods are stored at the Storer's sole risk and unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by the Company for any loss or damage to or concealed damage deterioration contamination evaporation or misdelivery of or failure to deliver or delay on the delivery of goods either in store or in transit to or from the store for any reason whatsoever.
   
3. Insurance for goods stored is the responsibility of the Storer, not the Company.
   
4. The Storer warrants:-
    (a) That the goods stored are owned by the Storer (or are legally in control of the Storer) who has full right power and authority to store the same with the Company.
    (b) That unless previously notified in writing to the Company the goods are free of any deleterious or objectionable matter or odour which may affect other goods and are not explosive, inflammable or liable to spontaneous combustion or otherwise dangerous.  The Storer agrees to indemnify the Company against any adverse claim by any other person or persons in respect of the goods.
   
5. The Storer shall pay all storage and other charges calculated in accordance with the Company's schedule of charges from time to time current and payable in respect of the goods.  All charges shall be payable from time to time on demand and shall stand charged upon the goods and also upon such other goods as shall from time to time be in store in the name of the Storer or belonging to the Storer.  The Company shall have a general lien upon all such goods for all debts now due or which may hereafter become due to the Company on any account by the Storer.
   
6. Where it is agreed that the charges for storage will be paid by the Client or a third party the Client or third party will indemnify the Company against any loss resulting from the non-payment of the charges by the Client or third party and without limiting the generality the Client agrees that if or insofar as any charges are not paid on demand the Company will demand payment by the Client.  All collection and solicitor fees incurred by the Company in relation to this demand will be charged against the Client.
   
7. All goods stored will be subject to a particular and/or general lien for moneys due in respect of such goods or for any particular or general balance or other moneys due by the Storer.  If any monies due to the Company are not paid within one calendar month after notice has been given to the Storer from whom the moneys are due that such goods are detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such Storer, and the proceeds applied in or towards satisfaction of such particular and/or general lien.  In this event the Storer shall take no exception upon the ground that any price realised is less than market value or upon any other grounds.
   
8. Upon notice in writing being given by the Company to the Storer requiring the Storer to remove the Storer's goods or any part of them the Storer shall within one month from the date of such notice pay any charges to which the Company's lien extends and remove and take away such goods or part thereof.  If the Storer fails to pay the charges as aforesaid and to remove the goods referred to in the notice the Company may remove the goods and store them in such place and in such manner as the Company thinks proper and at the risk of the Storer.
   
9. The Storer must notify the Company in writing of the Storer’s intention to cease trading with the Company.  The Storer must pay all monies owed to the Company prior to removal of remaining goods.  The Storer acknowledges the Company’s rights to not release the goods until all monies due are received.
   
10. Where portion of the Company's store is rented to the Storer and the Storer assumes control of and responsibility for the goods in  that portion of the store then:-
     (a) The rental in respect of that portion of the store shall be deemed a charge within the meaning of these conditions and,
     (b) The Company's lien and right of sale shall extend to and include all goods stored in such portion of the store all of which goods shall be deemed to be owned by the Storer in whose name that part of the store is rented.
    
11. Where goods are stored in portion of the store rented to the Storer as in Clause 10 above and in opinion of the Company all or any of the goods which are therein stored shall be or become deteriorated, objectionable, unwholesome or a source of danger or contamination then the Company may at any time with or without notice and at the Storer's expense remove such goods and if thought fit destroy or sell them. Where the goods are sold the same conditions shall apply as where goods are sold for non-payment of charges.
    
12. Any notice to the Storer required to be given under these conditions may be given in writing and delivered personally, posted to the Storer at the address last known to the Company, sent by facsimile to the facsimile number last known to the Company or sent by electronic communication to the last known information system of the Storer.  A notice so delivered shall be deemed to have been received by the Storer upon receipt of the written notice delivered personally; at the time when in the ordinary course of postage it should have been delivered; a notice sent by facsimile shall be deemed to have been received by the Storer at the time indicated in the Company's record of transmittal and a notice sent by electronic communication shall be deemed received by the Storer at the time when the electronic communication enters the Storer's information system.
    
13. These conditions shall have effect subject to the provisions of any Act or Regulation relating to the warehousing of goods in the State where the Company's store is located but so that the general lien of the Company under these conditions shall be additional to any rights conferred on the Company by virtue of such Acts or Regulations and so that nothing in this agreement shall be construed to mean that the Company shall have surrendered any of its right or immunities or to have increased its responsibilities and liabilities under the said Acts and Regulations or to have lost the benefit of any  Statutory exemption, limitation or protection whatsoever.
    
14. The Company accepts pallets or any other packaging device or material only on the express condition that all charges pertaining to the pallets packaging device or material be paid by the Storer and in the event of the Company signing for receipt of any pallets packaging device or material; they do so only on behalf of the Storer who accepts full responsibility for them and for freight charges thereon.  The Company accepts no responsibility for return of pallets.
    
15. The Client hereby agrees that commencement of trading constitutes an acceptance of the Company's Conditions of Storage.