Terms
HALL’S REFRIGERATED TRANSPORT LIMITED – TERMS AND CONDITIONS
Our Transport services are provided on declared terms under the Carriage of Goods Act 1979 (“COG Act”). The parties agree that the terms of carriage will be at “limited carrier’s risk” under the COG Act as follows:
(a) The liability of Hall’s Refrigerated Transport Limited (Halls) shall be limited to the sum of $1,500 for each unit of goods lost or damaged in accordance with section 15(1) of the COG Act; and
(b) Claims will only be accepted up to 7 days from date of delivery or in cases of non delivery 14 days from dispatch date. Acceptance of items is deemed acceptance of quantity.
(c) Halls shall not be liable in any event for any consequential or special damages or other indirect loss howsoever arising from the carriage, handling or consigning of goods or other acts or omissions on the part of Halls.
In any case of storage of goods at our depot (whether in transit or otherwise) the following terms and conditions apply to the storage:
1. These Conditions of storage (“Conditions”) are between Hall’s and the person or company on whose account the goods specified on the reverse hereof and any future goods are accepted for storage (“the Owner”). The Owner enters into these Conditions on its own account and as agent for any Associates. “Associates” includes the Owner of the goods, any person having an interest in the goods, the Owner’s principal and any agent, representative, employee or sub-contractor of the Owner or those persons. The provisions of these Conditions of storage shall extend to cover any goods delivered to or held by Hall’s in the future, whether or not a separate storage agreement is entered into.
2. Any instructions received by Hall’s from the Owner to supply storage services or as additional to any other service constitutes a binding contract between Hall’s and the Owner on these terms.
3. These Conditions will prevail over any of Hall’s previous Conditions unless otherwise agreed to in writing by Hall’s.
4. If the Owner requests Hall’s storage services or they are additional in the course of any other service the Owner accepts that these Conditions will prevail over any Conditions the Owner may have (even if those terms conflict with this clause).
5. Hall’s may refuse to provide storage services to the Owner without being required to provide any reason or justification for doing so.
STORAGE RATES
6. The costs for storing goods with Hall’s shall be as agreed between the Owner and Hall’s. Unless otherwise specified, all rates for storage are for a weekly period or part thereof.
7. The Owner acknowledges that where Hall’s agrees to grant credit to the Owner for storage costs, the accounts are payable by the 20th of the month following the date of invoice.
8. If any amount is owing from the Owner to Hall’s and remains outstanding for 10 days or more, Hall’s may charge interest at the rate of 15% per annum on all outstanding amounts from the due date until the date of payment.
9. Hall’s is entitled to recover from the Owner all legal and other costs (including solicitor/client or debt collection costs) incurred by Hall’s in recovering, or attempting to recover, any amount owing from the Owner to Hall’s.
ACCESS TO GOODS
10. The goods shall be stored in and removed from the store by Hall’s employees and the Owner and its servants, agents and employees shall not enter into the store without the express approval on each occasion of Hall’s Manager and then only on the conditions or terms nominated by the Manager.
11. The place of storage will be at Hall’s discretion from time to time unless otherwise agreed in writing. Hall’s may use third party storage facilities at its discretion.
GOODS
12. Hall’s provide a general chilled or frozen storage service and does not hold itself out as providing specialist service. It is not liable for any losses or costs caused or incurred by virtue of goods being stored at or in the wrong temperature, manner or conditions. Hall’s is deemed not to know the contents of any container, the condition, quality or extent of such contents, nor is Hall’s aware of the suitability of any containers for storage.
13. Unless specifically requested in writing Hall’s will not inspect the goods, packaging or any container or material in which they are stored.
14. Goods are received at stated weights or volumes and Hall’s accepts no responsibility for any alleged change of weight or for any alleged change of weight volume or condition of the goods during storage.
15. All goods and/or packages shall be clearly and distinctively and indelibly branded by the Owner.
16. All goods shall be tallied into the store. If the Owner or its representative is not present at the time of receipt the storer’s tally shall be accepted as final.
OWNER’S OBLIGATIONS
17. The Owner shall provide to Hall’s the following information in writing:
(a) a complete and accurate description of the goods to be stored and/or transported including marks, numbers, quantity, weight and/or volume;
(b) location, time and date of pick-up
(c) any special requirements.
18. The Owner shall indemnify Hall’s and hold Hall’s harmless against all loss (including consequential loss), damage and expenses arising or resulting from inaccuracies in or inadequacy of such information.
19. Hall’s will only accept responsibility for the goods (subject to any limitation of liability set out in these Conditions) where it has received the required information.
OWNER’S WARRANTY
20. The Owner warrants:
(a) that it has undisputed rights to property in or possession of all goods stored with Hall’s; and
(b) that any goods stored are and will remain free from any deleterious or objectionable matter substance or odour which may prejudicially affect any other goods in the store and will be liable for any damage to any such other goods or losses arising from such breach of this warranty.
UNFIT GOODS
21. Hall’s has the right to refuse any goods that in its opinion are unfit to be stored and may remove at the expense of the Owner any goods that in the opinion of Hall’s are, or have become, potentially dangerous or harmful to other goods in the store or have become unfit for human consumption or for consumption by animals if that was originally intended. The Owner of such goods so removed shall not have any claim against Hall’s for damage or deterioration to such goods resulting from their removal.
RISK IN GOODS
22. At all times from the delivery of the goods into Hall’s care including but not limited to loading, unloading, moving, dispatching, holding and storing of the goods, the goods are entirely at the Owner’s risk.
INSURANCE
23. Hall’s takes no responsibility to insure goods received for storage. If the Owner requires insurance the Owner shall arrange his own insurance and advise his insurer of these Conditions. If the Owner requests Hall’s to arrange insurance on the goods and if Hall’s agrees to do so, such arrangements shall be on the conditions of insurance stipulated by Hall’s with reasonable cost incidental to the arrangement at the cost of the Owner.
LIMITATION OF LIABILITY
24. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the goods or services provided by Hall’s are for the purposes of a business in terms of section 2 and 43 of that Act.
25. In respect of any warranties, Conditions or terms imposed on Hall’s by law, Hall’s liability will, where allowed by law, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant law.
26. Hall’s will not be liable for:
(a) Any loss or damage (including consequential loss) or default of any kind whatsoever whether suffered or incurred by the Owner or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether the loss or damage arises directly or indirectly from the goods or services provided by Hall’s to the Owner;
(b) Without limiting the generality of the foregoing clause, any default or loss or damage to, or tainting of the goods in store, or for any misdelivery, delay in delivery or non-delivery of the goods arising from any cause whatsoever including fire, explosion, earthquake, failure or breakdown of machinery or plant, unavailability or shortage of power or labour, negligence of Hall’s or its agents, employees and servants, riots, strikes, lock outs, civil commotion or labour disturbances, damage to the building or plant howsoever caused or act of God, theft, burglary or attempted theft whether by any employee or agent of Hall’s or by any other person or any other cause whatsoever whether similar or dissimilar to any of the foregoing or for any consequential loss whatsoever arising from any of the foregoing causes;
(c) Any claim or loss (including consequential loss) relating to or arising from any representations, warranties, conditions or agreement made by Hall’s or by any agents, employees, servants or representatives of Hall’s which are not expressly confirmed by Hall’s in writing and the Owner agrees to indemnify Hall’s against any such claim.
27. The Owner indemnifies Hall’s and its agents, employees and servants against any action for damages brought by any party for damage or loss (including consequential loss) in relation to goods stored by the Owner with Hall’s howsoever caused, such indemnity to extend to any claim by an indemnity against the insurers of the Owner, its Associates or any other party.
28. In respect of any clause in these Conditions which excludes or in any way limits the liability of Hall’s. Hall’s in addition to acting for itself, is acting as agent of, or trustee for, each of its servants and also for any other person or company with whom Hall’s may arrange to carry out any part of its obligations, to the extent that the servants of Hall’s and such other parties are deemed to be parties to this contract so far as may be necessary to give effect to this clause and Hall’s shall hold the benefits of these Conditions for its servants and for any such other party and its servants or agents.
SECURITY INTEREST Personal Properties Securities Act 1999 (“PPSA”)
29. Hall’s shall to the extent of all charges payable by the Owner and other claims by Hall’s have a security interest over all goods stored wherever held, and may withhold delivery of any such goods until all charges payable by the Owner and any other claims by Hall’s have been satisfied.
30. If the Owner does not remove goods upon request and/or pay any account when due, the said goods may be removed and sold as Hall’s may decide, and the proceeds applied to the payment of the charges due. Any deficiency between the amount realised and sum due to Hall’s shall be due and payable by the Owner on demand. For the purpose of this clause Hall’s will give 10 days written notice to the Owner to remove the goods and/or satisfy any outstanding amount, before taking action to sell the goods.
31. The Owner acknowledges that:
(a) These Conditions of storage create a security interest (“security interest”) as defined in the PPSA in any goods stored by the Owner;
(b) A security interest is taken in all goods held or stored by Hall’s on behalf of the Owner and any goods that are stored by Hall’s for the Owner in the future.
32. The Owner undertakes to:
(a) sign anything and provide information as required to enable Hall’s to register a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);
(b) indemnify, and upon demand reimburse, Hall’s for all costs of registration or release or otherwise related to the exercise of its rights;
(c) not register a financing statement or financing change statement or a change demand without Hall’s prior written consent;
(d) give Hall’s not less than a fourteen(14) days prior written notice of any proposed change in the Owner’s name and/or any other change in the Owner’s details;
(e) immediately advise Hall’s of any material change in the Owner’s business practices of selling the goods which would result in a change in the nature of the proceeds derived from such sales.
33. The Owner agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these Conditions and waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA and its right to receive a verification statement in accordance with section 148 of the PPSA.
RESOLUTION OF DISPUTES
34. Any dispute must be referred to mediation before any court proceedings are issued, except where urgent interlocutory relief is sought. A dispute is referred to mediation by either party advising the other party in writing that it considers a dispute has arisen and nominating a mediator. Failing agreement within 5 days after nomination, the mediator will be appointed by LEADR or its successor and conducted in a manner stipulated by the mediator.
MISCELLANEOUS
35. If more than one person signs this form or any other credit application form, both or all will be jointly and severally liable.
36. These Conditions of storage are personal to the Owner and cannot be assigned or otherwise dealt with by the Owner without Hall’s prior written consent.
37. If due to any circumstance beyond Hall’s control, Hall’s is unable to carry out part or all of any obligation under the contract, that obligation will be suspended while that circumstance continues.
38. If Hall’s exercises or fails to exercise any right or remedy available to Hall’s, this will not prejudice Hall’s rights in exercising that or any other right or remedy.
39. Hall’s does not waive any term of these Conditions except where specified in writing signed by an authorised officer in respect of a particular transaction, dealing or matter.
40. Hall’s may review these Conditions at any time and from time to time. If, following any such review, there is to be any change in the Conditions, that change will take effect from the date on which Hall’s notifies the Owner of such change.
41. Hall’s may assign its rights and obligations under these Conditions upon 7 days notice to the Owner.
42. Any notice required to be given by Halls shall be sufficiently given by posting an ordinary prepaid letter to the last known address Hall's has on its records or by personal delivery or facsimile.
