TERMS AND CONDITIONS
1. George Hilder & Co Pty Ltd, herein referred to as the “Carrier” (which expression
includes its servants, agents and sub-contractors), is not a common carrier and will
accept no liability as such.
All goods carried or other services performed shall be subject only to these conditions
and the carrier reserves the right to refuse the carriage of any class of transport at its
2. The consignor authorises the carrier to arrange with any other person, firm or company
to undertake carriage of the transport contracted for. In any arrangement the carrier
shall be deemed to act as the agent of such person, firm or company and therefore they
will also benefit from the same conditions as the carrier.
3. The consignor will accept responsibility for any damage or loss of goods whilst in the
carriers’ custody during storage or transit by road, rail, sea or air freight or other means
due to civil commotion, act of God, government intervention, war, strikes, seizure under
legal process, accident, misadventure, fire or flood.
4. Freight shall be considered carried as soon as the goods are loaded and despatched,
whether the goods are delivered to the consignee or not and whether damaged or
5. The consignor will be and remain responsible to the carrier for all proper charges
incurred for any reason. A charge may be levied by the carrier in respect of any delay in
excess of thirty (30) minutes in loading or unloading occurring other than from the
default of the carrier. Such permissible 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 consignor or consignee.
6. The consignor or their authorised agent shall not tender for carriage any explosive,
flammable or otherwise dangerous or damaging transport without presenting a full
description of those transport as provided under the Australian Code for Transport of
Dangerous Goods by Road and Rail (as amended). In default of doing so, the consignor
shall be liable for all loss and damage caused thereby.
7. Unless otherwise expressly agreed in writing, no responsibility will be accepted by the
carrier for any loss, damage or deterioration of goods or misdelivery or failure to deliver
or delay in delivery of transport whether in transit or storage for any reason whatsoever
8. Insurance of goods will not be affected for the benefit of the consignor or consignee
except upon their written instructions and then only at their expense.
9. Twenty Four (24) hours notification of cancellation is required. Cancellations received less
than Twelve (12) hours in advance shall be subject to a $150 + GST cancellation fee.
Cancellations received less than Four (4) hours in advance will be subject to payment of the
full amount of the proposed transport.
10. Quotations are valid for a period of Thirty (30) days. If a quotation has not been accepted
within the Thirty (30) day period, resubmission of the quotation is required.
11. Acceptance of any quotation and/or subsequent transport will be seen as acceptance of
these terms and conditions and will be adhered to as such.
12. Claims for damage, misdelivery must be received within seven (7) days of delivery
Claims received after seven (7) days will be declined
13. If you are in default of any payment, George Hilder & Co Pty Ltd is entitled to:
13.1 You agree to indemnify us for:
- charge you a reasonable surcharge for processing payments made by credit card, atan amount advised by us from time to time;
- charge you interest on all overdue accounts at a rate which is four (4) percenthigher than the cash rate last published by the Reserve Bank of Australia as at the Invoice Due Date, calculated and payable daily and compounded from the due date until the invoice is paid in full. The parties agree that such interest charge is not a penalty;
- require the payment of transport prior to delivery of any further consignments;
- demand that all of our invoices issued to you but not yet due and all overdueinvoices are immediately due and payable;
- charge you a reasonable fee where any payment is dishonoured or returned by your financial provider (or where we are otherwise unable to process any payment from your financial provider) at an amount advised by us from time to time;
- recover debt collection costs from you in full
- all reasonable legal costs and other expenses which are incurred by us or are likely to beincurred by us as a result of any breach, act or omission by you arising either directly or indirectly from or in connection with these Conditions including legal fees on a solicitor/client basis in the recovery or attempted recovery of any overdue amount forTransport;
- any stamp duty or other government rates, taxes (including GST) or charges levied on or in connection with the Credit Account, any Contract for the supply of Transport and any deed of guarantee, indemnity and charge; and
12.2 The parties acknowledge and agree that:
- all costs associated with the registration, maintenance and withdrawal of any Security Interest which secures your obligations under any part of the Credit Account, Contract and these Conditions.
- We may apply any payment received from you towards any debt owed by you to us;
- We may set-off any credit amount that we owe to you against any debt owed by you to us; and
- You may not withhold payment of any money in respect of any set-off or claim you might have against us without our prior written consent.