Company Name: Hunter Valley Express Pty Ltd

Effective Date: May 2025

1. Definitions

• "Carrier" refers to Hunter Valley Express Pty Ltd, its agents, employees, and subcontractors.
• "Consignor" means the person or company sending the goods.
• "Consignee" means the person or company receiving the goods.
• "Goods" means the items accepted from the consignor for carriage by the carrier.
• "Contract" refers to the agreement between the consignor and the carrier.

2. Acceptance of Terms

By using the services of the Carrier, the Consignor agrees to these Conditions of Cartage. No employee, agent, or subcontractor has authority to waive or vary these terms unless agreed in writing by an authorized officer of the Carrier.

3. Carrier’s Rights and Responsibilities

• The Carrier undertakes to deliver the goods with due care and within a reasonable time.
• The Carrier may use subcontractors or agents to fulfill the contract without notice to the Consignor.
• The Carrier reserves the right to refuse carriage of any goods at its discretion.

4. Consignor’s Responsibilities

• The Consignor warrants that they are the owner or authorized agent of the owner of the goods.
• All goods must be properly packed, labeled, and described in full.
• Dangerous or hazardous goods must be disclosed and comply with all relevant laws and regulations.
• The Consignor is responsible for ensuring that the delivery address is accurate and accessible.

5. Exclusions and Limitations of Liability

• The Carrier shall not be liable for any loss, damage, delay, or non-delivery caused by:
  • Acts of God, weather, or natural disasters
  • Delays due to road closures, accidents, or mechanical failures
  • Inherent defects in the goods
  • Incorrect or incomplete instructions from the Consignor
• Liability of the Carrier is limited to $500,000.00, unless additional insurance is arranged in writing.

6. Insurance

• The Carrier does not provide insurance for goods unless explicitly agreed upon in writing.
• The Consignor is encouraged to arrange their own insurance for goods in transit.

7. Charges and Payment

• Freight charges must be paid as agreed (e.g., COD, on account, etc.).
• Overdue payments may incur interest at a rate of 3% per month.
• Additional charges may apply for waiting time, re-delivery, or special handling.
• In the event of non-payment, the client agrees to be responsible for all costs incurred in the collection of outstanding debts, including but not limited to legal fees, administrative fees, and third-party debt collection agency charges.

8. Claims

• Claims for loss or damage must be made in writing within 7 days of delivery or expected delivery.
• Claims must include documentation and evidence of loss or damage.
• No claims will be accepted if goods were signed as received in good condition unless evidence shows otherwise.

9. Dangerous and Prohibited Goods

• Dangerous goods will only be accepted if pre-approved in writing and compliant with all regulations.
• The Consignor shall indemnify the Carrier against any losses from undeclared or misdeclared dangerous goods.

10. Lien

The Carrier shall have a lien over the goods for all unpaid charges. If payment is not made, the Carrier may sell or dispose of the goods after providing reasonable notice.

11. Jurisdiction

This contract is governed by the laws of New South Wales, Australia. Any disputes shall be resolved in the courts of that jurisdiction.

12. Residential Truck Deliveries

• Deliveries made to residential sites will be unloaded on the front kerb. The Carrier’s vehicles will remain on the paved roadway.
• For deliveries where the truck must leave the paved roadway or the consignee requests for the vehicle to leave the paved roadway, the consignee will be requested to fill out a Damage and Liability Waiver. This waiver holds Hunter Valley Express Pty Ltd and its employees harmless from and against any and all liability, claims, damages, or expense arising out of or in connection with any property damage incurred during truck or equipment access, except in cases of gross negligence or wilful misconduct by the Company.

13. Entire Agreement

These conditions constitute the entire agreement unless varied in writing by both parties.