Please read the following conditions carefully and in their entirety. You will be bound by these conditions if we carry or store goods for you.
This means:
• You should take out your own insurance cover over the goods.
• If you are operating a business:
o the goods will be at your sole risk and our services are priced on this basis; and
o we will not be liable for any loss of or damage to the goods, or any other losses you suffer, regardless of the cause of such loss or damage.

CONDITIONS OF CARRIAGE

DEFINITIONS

1.1 The meanings of the terms used in these conditions are set out below.
Term
Meaning
Carriage
the whole of the operations and services undertaken by the Carrier or any Person on behalf of the Carrier in respect of the Goods (whether gratuitously or not) and includes loading, unloading or storage of the Goods and the towing of a trailer
Carrier
Milin Haulage Pty Ltd (ACN 164 440 975) trading under its own name, under the business name Milin Transport or under any other business name and its officers, employees, agents and Subcontractors
Consequential Loss
any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of these conditions and whether or not foreseeable at the time of entering into these conditions
Consignor
the Person who engages the Carrier to provide services of Carriage
Crane
includes any machine used for lifting Goods, including a sideloader
Dangerous Goods
Goods that are or may become noxious, dangerous, flammable or damaging, or that are or may become liable to damage any property whatsoever
Goods
the property accepted by the Carrier from the Consignor for Carriage including any container or packaging supplied by or on behalf of the Consignor
Person
includes a corporation, company, partnership or any other entity
PPSA
Personal Property Securities Act 2009 (Cth)
Please read the following conditions carefully and in their entirety. You will be bound by these conditions if we carry or store goods for you.
This means:
• You should take out your own insurance cover over the goods.
• If you are operating a business:
o the goods will be at your sole risk and our services are priced on this basis; and
o we will not be liable for any loss of or damage to the goods, or any other losses you suffer, regardless of the cause of such loss or damage.
Term Meaning
Subcontractor includes any Person who, pursuant to a contract or arrangement
with any other Person (whether or not the Carrier), performs or
agrees to perform the Carriage or any part of it
1.2 Terms used in these conditions have the same meaning as under the PPSA.
1.3 A reference in these conditions to a statute includes a reference to all enactments amending or
consolidating the statute and to an enactment substituted for the statute and any subordinate
legislation, including regulations.

2. NEGATION OF LIABILITY AS A COMMON CARRIER
The Carrier is not a common carrier and will accept no liability as such. All Goods are carried
and all storage and other services are performed by the Carrier subject only to these conditions
and the Carrier reserves the right to refuse the Carriage of Goods for any Person and the
Carriage of any class of goods at its discretion.

3. CONSIGNOR’S WARRANTIES
3.1 The Consignor warrants that:
(a) the Goods are fit for Carriage and have been suitably packaged for those purposes;
(b) the Consignor has the authority of all Persons owning or having any interest in the Goods
to accept these conditions on their behalf;
(c) the details of description, items, pallet space, quantity, weight, quality, value and
measurements supplied by the Consignor are correct;
(d) where required by law, it has accurately completed and supplied a container weight
declaration form;
(e) there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles
to the place from which the Goods are to be removed and the place to which the Goods
are to be delivered;
(f) the Consignor will be responsible for the loading and unloading of any Goods that consist
of items of machinery for which a licence to operate is required; and
(g) carriage is supplied for the purpose of a business, trade, profession or occupation carried
on or engaged in by the Consignor.
3.2 The Carrier relies on the details of description, items, pallet space, quantity, weight, quality,
value and measurements supplied by the Consignor but does not admit their accuracy.
3.3 The Consignor undertakes to indemnify the Carrier in respect of any liability whatsoever in
respect of the Goods to any Person (other than the Consignor) who claims to have, who has, or
who in the future may have any interest in the Goods or any part of the Goods.

4. RIGHT TO SUBCONTRACT
The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.

5. EXTENSION OF EXEMPTIONS TO SUBCONTRACTORS
5.1 The Consignor agrees that no claim or allegation may be made against any employee, agent, or
Subcontractor of the Carrier that imposes or attempts to impose upon such Person any liability
whatsoever arising out of or in any way connected with the Goods or the Carriage of them
whether or not arising out of negligence or a wilful act or omission on the part of any of them
and if such claim or allegation should nevertheless be made, to indemnify the Carrier against all
consequences of any such claim or allegation.
5.2 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 and will extend to
protect:
(a) all Subcontractors;
(b) every employee or agent of the Carrier or of a Subcontractor;
(c) every other Person (other than the Carrier) by whom the Carriage or any part of it is
undertaken; and
(d) all Persons who are or might be vicariously liable for the acts or omissions of any Person
falling within clauses 5.2(a), 5.2(b) or 5.2(c).
5.3 For the purposes of clause 5.2 the Carrier is or will be deemed to be acting as agent or trustee
on behalf of and for the benefit of all such Persons and each of them and all such Persons and
each of them will to this extent be or be deemed to be parties to these conditions.

6. LIABILITY OF CARRIER
6.1 The Consignor acknowledges and agrees that neither the Carrier nor any employee or agent or
Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at
any time pursuant to these conditions will in any circumstances (except where any statute
otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for:
(a) any loss of or damage to, deterioration, evaporation or contamination of the Goods; or
(b) misdelivery, delay in delivery or non-delivery of the Goods or any of them,
whether in the course of Carriage or otherwise including where loss, damage, deterioration,
evaporation, contamination, misdelivery, delay in delivery or non-delivery is caused or alleged to
have been caused by the negligence of the Carrier or its officers, employees or agents or its
Subcontractors.
6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1
even if it is proved that the loss or damage resulted from an act or omission done with intent to
cause damage, or recklessly and with knowledge that damage would probably result.
6.3 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of
contract or otherwise will under any circumstances constitute a fundamental breach of contract,
or a repudiation of contract such as to have the effect of disentitling the Carrier from obtaining
the benefit of and enforcing all rights, defences, exemptions, immunities and limitations of
liability of the Carrier contained in these conditions, and all such rights, defences, exemptions,
immunities, limitations of liability and like protection will continue to have full force and effect in
any event whatsoever.
6.4 Without limiting the generality of the foregoing, the Carrier will not be liable for any loss of or
damage to Goods:
(a) caused by vibration;
(b) comprising glass, internal or external fittings, plasterwork, cornices or any other fragile
material or substances;
(c) caused by weather or weather events of any kind whatsoever, including but not limited to
rain, hail or storm damage;
(d) that are brittle, inherently defective or in such a condition that they cannot be loaded,
unloaded or transported by road without damage;
(e) caused by inherent vice or the nature of the Goods;
(f) where such loss or damage comprises of mechanical, electrical or electronic breakdown,
derangement, or malfunction of the Goods; or
(g) caused by insufficiency or unsuitability of packing or preparation of the Goods to
withstand the ordinary incidents of Carriage. For the purpose of this subclause, ‘packing’
will be deemed to include stowage of any Goods inside a building or other structure.
6.5 Notwithstanding any other provision of these conditions, the Carrier will under no circumstances
be liable for any claim for Consequential Loss.
6.6 Where clauses 6.1, 6.2, 6.3, 6.4 or 6.5 cannot legally operate and to the extent permitted by
law, the Carrier’s liability (including for breach of any warranty, guarantee or any term implied by
law in these conditions) is limited to:
(a) in the case of the supply of Carriage, the cost of having those services supplied again; or
(b) in the case of the supply by the Carrier of goods, the lowest of the cost of replacing the
goods, acquiring equivalent goods or having the goods repaired.

7. CRANE/LIFTING SERVICES
7.1 Where the Carrier provides Crane services at the request of the Consignor, the Consignor
warrants that:
(a) the ground at the site where the Crane will be used is adequate to support the Crane;
(b) the ground giving access to the site is stable and firm and of a gradient to allow the Crane
to be operated safely;
(c) sufficient clearance is afforded in respect of all overhead wires;
(d) the specifications and size of the Crane are suitable for the site where the Crane will be
used and for the purpose required by the Consignor; and
(e) the road surfaces, access and egress to the site are clear of obstacles at all times and
will allow safe movement of the Crane.
7.2 The Carrier will supply a standard selection of slings, lugs and chains but accepts no
responsibility for loss or delay if any slings, lugs or chains are found to be unsuitable for the
purpose required by the Consignor.
7.3 The Consignor warrants that the weight of the object or objects to be lifted in any one lift and
the radius of the proposed lift, measured from the radial point of the Crane, will not exceed the
limits of the Crane.

8. ROUTE AND DEVIATION
8.1 The Consignor authorises any deviation from the usual route or manner of Carriage of Goods
that may in the absolute discretion of the Carrier be considered desirable or necessary in the
circumstances.
8.2 If the Consignor expressly or impliedly instructs the Carrier to use, or it is expressly or impliedly
agreed that the Carrier will use a particular method of handling or storing the Goods or a
particular method of Carriage, the Carrier will give priority to that method but if it cannot
conveniently be adopted by the Carrier the Consignor authorises the Carrier to handle or store
or to carry or to have the Goods handled, stored or carried by another method or methods.

9. DELIVERY
9.1 The Carrier is authorised to deliver the Goods at the address nominated to the Carrier by the
Consignor for that purpose. The Carrier will be conclusively presumed to have delivered the
Goods in accordance with these conditions if at that address it obtains from any Person a
receipt or signed delivery docket for the Goods.
9.2 If the nominated place of delivery should be unattended or if delivery cannot otherwise be
effected by the Carrier or the Consignee otherwise fails to take delivery of the Goods the Carrier
may at its option deposit the Goods at that place (which will be conclusively presumed to be due
delivery under these conditions) or store the Goods and if the Goods are stored by the Carrier
the Consignor will pay or indemnify the Carrier for all costs and expenses incurred in or about
such storage. In the event that the Goods are stored by the Carrier the Carrier will be at liberty
to redeliver them to the Consignor from the place of storage at the Consignor’s expense.

10. GENERAL LIEN
10.1 The Goods are accepted subject to a general lien for all charges now due or that may become
due to the Carrier by the Consignor on any account whatsoever, whether in respect of the
Goods or in respect of any other goods for which the Carrier provides or has provided services
of Carriage.
10.2 If charges are not paid when due, or the Goods are not collected when so required or
designated, the Carrier may, without notice, and immediately:
(a) remove all or any of the Goods and store them as the Carrier thinks fit at the Consignor’s
risk and expense; and
(b) open and sell all or any of the Goods as the Carrier thinks fit (whether by private treaty or
public auction) and apply the proceeds to discharge the lien and costs of sale without
being liable to any Person for any loss or damage caused.
10.3 The parties agree that the lien attaches to Goods when the Goods are accepted by the Carrier
for Carriage.
10.4 The Consignor agrees that the lien arising under these conditions is a security interest.
10.5 If the Carrier requests, then the Consignor must promptly upon receipt of a request from the
Carrier do anything for the purposes of ensuring that any 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
Consignor to be done under this clause will be done by the Consignor at its own expense. The
Consignor agrees to reimburse the costs of the Carrier in connection with any action taken by
the Carrier under or in connection with this clause.
10.6 The parties agree that, to the extent permitted by the PPSA:
(a) sections 125, 142 and 143 of the PPSA do not apply (unless the Consignor is otherwise
notified in writing by the Carrier);
(b) 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
(c) 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.

11. DELAY IN LOADING OR UNLOADING
The Consignor will be and remain responsible to the Carrier for all its proper charges incurred
for any reason. A charge may be made by the Carrier in accordance with the Carrier’s schedule
of rates in respect of any delay in loading or unloading occurring other than from the default of
the Carrier. Such permissible delay period will commence upon the Carrier reporting for loading
or unloading.

12. CARRIER’S CHARGES
12.1 The Carrier’s charges will be deemed fully earned on receipt of the Goods by the Carrier and
are non-refundable in any event. The Consignor agrees to pay all sums due to the Carrier
without any deduction, counterclaim or set-off.
12.2 Any special instruction given by the Consignor to the effect that charges will be paid by the
Consignee or any other third party will be deemed to include a stipulation that if the Consignee
or third party does not pay the charges within seven days of the date of delivery or attempted
delivery of the Goods the Consignor will pay such charges.

13. DANGEROUS GOODS
13.1 If the Carrier accepts Dangerous Goods for Carriage, such Goods must be accompanied by a
full written declaration disclosing the nature of such goods.
13.2 The Consignor will indemnify the Carrier against all loss, damage or injury howsoever caused
arising out of the Carriage of any Dangerous Goods whether declared as such or not and
whether or not the Consignor was aware of the nature of the Goods.
13.3 The indemnity in clause 13.2 extends to Consequential Loss.
13.4 If in the opinion of the Carrier, the Goods are or are liable to become of a dangerous or
flammable or damaging nature, the Goods may at any time be destroyed, disposed of,
abandoned or rendered harmless without compensation to the Consignor and without prejudice
to the Carrier’s right to charge for the Carriage of the Goods.
13.5 The Consignor warrants that it has complied with all laws and regulations relating to the nature,
packaging, labelling or Carriage of any Dangerous Goods and that the Goods are packed in a
manner adequate to withstand the ordinary risks of Carriage having regard to their nature and
agrees to indemnify the Carrier for any liability whatsoever as a result of or arising out of the
Consignor’s failure to comply with each of these warranties.

14. FORCE MAJEURE
The Carrier will not be liable for any failure or delay in performance of the Carriage if such
failure or delay is due, in whole or in part to any cause whatsoever beyond its control.

15. NOTIFICATION OF CLAIM
15.1 Notwithstanding any other provision of these conditions (other than clause 16), the Carrier will in
any event be discharged from all liability whatsoever in respect of the Goods unless written
notice of a claim or an intended claim (together with particulars of the circumstances on which
the claim is based) is given to the Carrier within 14 days from the delivery of the Goods or from
the date on which in the ordinary course of business, delivery would have been effected.
15.2 The Carrier will be discharged from all liability whatsoever in respect of the Goods unless suit is
brought within 12 months of their delivery or of the date on which they should have been
delivered.

16. APPLICABLE LEGISLATION
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 warranty.

17. ENTIRE AGREEMENT
17.1 These conditions represent the entire agreement between the parties and supersede all prior
representations, agreements, statements and understandings between them.
17.2 The Carrier will not be bound by any agreement purporting to vary these conditions unless such
agreement is in writing and signed on behalf of the Carrier by an authorised officer of the
Carrier.

18. GENERAL
18.1 These conditions will be construed in accordance with the laws in force in Queensland and the
parties submit to the jurisdiction of the courts of Queensland.
18.2 Headings are included for convenience only and do not affect interpretation of these conditions.
18.3 Words importing the singular include the plural and vice versa and words importing a gender
include other genders.
18.4 Where the Consignor or Consignee comprise two or more Persons an agreement or obligation
to be performed or observed by the Consignor or Consignee binds those Persons jointly and
severally.
18.5 If any part of these conditions is invalid or unenforceable, that part will (if possible) be read
down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be
deemed deleted; and these conditions will remain otherwise in full force.

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