T.I.G. FREIGHT MANAGEMENT TERMS AND CONDITIONS
In these Terms and Conditions:-
"Consignor" shall mean the party so named in the first page of this Agreement and it's employees, servants or agents.
"Carrier "shall mean T.I.G. Freight Management P/L and its employees servants and agents.
"Carriage" shall mean and include the whole of the operations and services undertaken by the Carrier in respect of the goods.
"Goods" shall mean the cargo accepted from the Consignor together with any container, packaging or pallets supplied by or on behalf of the Consignor.
"Subcontractor" shall include any person firm organisation or company 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 thereof.
"Receiver" shall mean any person, corporation or company that shipment is consigned to or from that is not the Consigner.
This Agreement and any documents referred to herein constitute the whole of the Agreement between the parties and no understanding, arrangement or provision not expressly set forth herein shall be binding upon the parties.
Notwithstanding any other provision in these conditions of cartage, but subject always to clause 7, if any liability whatsoever, howsoever arising, is found to attach to the Carrier or any sub-contractor, the Carrier's liability shall be limited to the lesser of:
(a) in the case of services supplied under this contract:
(i) the supplying of the services again;
(ii) the payment of the cost of supplying the services again; or
(iii) the amount of AUS$500.00.
(b) in the case of goods:
(i) the replacement of the goods or the supply of of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring the equivalent goods;
(iv) the payment of the cost of repairing the goods; or
(v) the amount of AUS$500.00.
Every exemption, limitation condition and liberty herein contained and every right, exemption from liability, defence and maturity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect –
(a) all Subcontractors;
(b) every servant or agent of the Carrier or of any Subcontractor;
(c) every other person (other than the carrier) by whom the cartage or any part thereof is performed or undertaken; and
(d) all persons who are or might be vicariously liable for the acts or omissions of any person falling within (a) (b) or (c) hereof;
and for the purpose of this clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
For the purposes of this clause, "GST" means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (as amended)("the GST Act"). Expressions set out in italics bear the same meaning as those expressions in the GST Act.
(a) Each amount, of whatever description, specified as payable under this Agreement is expressed net of GST unless stated otherwise. In addition to the amount payable, the person making the payment must pay on demand the GST payable by the recipient of the payment in respect of that amount.
(b) A party's right to payment under sub-clause (a) is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
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