The Horne Enterprises conditions of cartage are as follows:
- "Contractor" means Horne Enterprises Pty. Ltd. and include its sub-contractors servants and/or agents.
"Goods" means all wears, merchandise, plant and machinery and articles of every description, and includes packages, crates, cases and contents thereof of whatever kind.
"Client" means and includes the person requesting the contractor to carry out work and any person tendering goods for handling, lifting and or carriage.
- The contractor is not a common carrier and will accept no liability as such. All work is performed by the contractor subject only to those conditions of contract and the contractor reserves the right to refuse handling, lifting and/or carriage of goods for any person at its discretion.
- The contractor shall have full liberty to arrange with any person, firm or company to undertake the handling, lifting and/or carriage of goods and such person, firm or company and his servants and agents shall be entitled to the benefit of these conditions to the same extent as the contractor. Insofar as it may be necessary to ensure that such sub-contractor, its servants or agents shall be so entitled the contractor shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor, its servants and agents.
- All goods are handled, lifted and/or carried at the client's risk. The contractor shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or misdelivery or failure to deliver or delay in delivery of goods howsoever occasioned, including without limiting the foregoing the negligence or wilful act or default of the contractor or others and whether or not the same occurs in the course of performance by the contractor of the contract or in events which are in the contemplation of the contractor and/or the client or in the events which are foreseeable by them or either of them or in events which would constitute fundamental breach or a breach of a fundamental term thereof.
- It is agreed that the person delivering the goods to the contractor for handling, lifting and/or carriage is authorised by the client to acknowledge application of these conditions of contract.
- The client or his agent shall not tender for handling, lifting and/or carriage any explosive, inflammable or otherwise dangerous or damaged goods without presenting a full description disclosing there nature and such goods may be handled, lifted or carried only by special agreement. If any such goods be tendered otherwise the client shall be liable for any loss or damage occasioned either directly or indirectly to the contractor.
- Where the client has declared the weight of the goods and the contractor has relied upon such declared weight then the client shall be responsible for all extra cost and risk incurred by the contractor and shall be liable for any loss or damage occasioned either directly or indirectly to the contractor by reason of the contractor relied upon such declared weight.
- The client will be and will remain responsible to the contractor for all its proper charges incurred in respect of the handling, lifting or carriage of goods.
- Insurance of goods will not be and will be affected by the contractor for the benefit of the client except upon the written instructions of the client and then only at his expense and upon receipt of a declaration of value a responsible time prior to handling, lifting and/or carriage, which ever shall occur he earlier.
- Charges will be computed from the time the unit leaves the depot of the contractor until the time it returns to the depot, at the rate applicable to the unit and all hours shall be calculated to the nearest half hour.
- Where a vehicle is delayed by any cause beyond the control of the contractor or where the delay is caused by the contractor obeying instructions given by the client or his representative the cost of such delay shall be to the clients account. Where a vehicle is bogged whilst obeying such instructions, the cost of recovering the vehicle from the bog shall be to the clients account.
- Not withstanding any herein contained, the contractor shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that the said Act is applicable to this contract and prevents the exclusion restriction or modification of that warranty.