HARMON TRANSPORTATION IS NOT A COMMON CARRIER

1. DEFINITIONS

In these Terms and Conditions:

“Address” means the address specified by the Sender to Harmon Transportation to which the Consignment is to be delivered.

“Harmon Transportation (HT)” means Harmon Transportation Proprietary Ltd (ABN 60657982146) its officers, personnel, representatives and where applicable, subcontractors.

“Charges” means charges set by Harmon Transportation and payable by the Sender to Harmon Transportation in respect of Services provided to the Sender, including but not limited to:

a. Costs arising from postponements that are not the responsibility and outside the control of Harmon Transportation.

b. Taxes, fines and duties including any customs and excise duties payable by Harmon Transportation to the Consignment where applicable.

c. Any goods and services tax or fuel levy.

d. All other additional costs and expenses incurred in the provision of the Services.

e. Charges referred to in this Contract.

“Consignment” means the goods accepted from the Sender, its officers, personnel and representatives together with any packaging or pallets provided by or on behalf of the Sender and used in relation to provision of the Services.

“Damage” means any loss of, damage to, deterioration of, or mis-delivery of, or non- delivery of, or postponement in Delivery of the Consignment and includes consequential economic or ancillary loss damage, expense or liability.

“Delivery” means delivery of the Consignment to the Address.

“Due date” means any date within fourteen (14) days from the day on which Charges are earned.

“Person” includes an individual human being / person, business, corporation, government authority or other body or organization.

“Receiver” means the Person, their officers, personnel and representatives to whom the Sender consigns, sends or directs the Consignment.

“Sender” means the Person with whom Harmon Transportation contracts to provide Services.

“Services” means the whole, or part of the services undertaken by Harmon Transportation in connection with the Consignment, including, but not limited to, the collection, carriage, transportation and delivery of the Consignment.

2. NOT A COMMON CARRIER

a. Harmon Transportation is not a common carrier and accepts no liability as such. All Services are provided subject to these conditions and Harmon Transportation has the option to refuse to provide Services to any Person or of any class of goods.

b. Harmon Transportation relies on the accuracy and correctness of details supplied by the Sender. Harmon Transportation does not confirm or acknowledge the accurateness of the particulars provided by the Sender. A signature by Harmon Transportation is simply acknowledgement of the items received.

3. DELIVERY

a. Harmon Transportation must deliver the Consignment to the Address. Delivery happens if at the Address Harmon Transportation attains from an assigned contract an acceptance or signed delivery docket for the Consignment.

b. If the Address is unattended and no Person is present to receive the delivery, Harmon Transportation will wait on site until the cargo is received by the assigned Recipient. Standing charges will apply until such time as the Consignment has been received by the Recipient.

4. METHOD AND ROUTE

a. If the Sender instructs Harmon Transportation (specifically or implied) to use a specific method of, or way for providing the Services, Harmon Transportation will give consideration to that method and route, but Harmon Transportation may arrange for Services by another method or route.

b. Harmon Transportation may change the usual, or directed route, or method for provision of Services, if Harmon Transportation believes it is required or desirable.

5. SUB-CONTRACTING

Harmon Transportation may have a sub- contractor or sub-contractors complete all or any part of the Services. Harmon Transportation act as the representative and trustee for sub-contractors who have the benefit of these conditions as if this Contract was entered into by the sub-contractor.

6. PACKAGING

a. The Customer is solely responsible for ensuring that all packaging and pallets for the cargo is provided. Harmon Transportation will not be responsible for any damage to the cargo arising from unsuitable or inadequate packaging to protect the cargo. Harmon Transportation will take receipt of the cargo in the condition received by the Sender.

b. The Customer is to ensure that the freight weight, size and dimensions of the cargo is included in the Consignment weight designated by the Sender.

7. DANGEROUS AND HAZARDOUS CONSIGNMENT

a. The Sender must not tender any Consignment comprising:

i. Dangerous, hazardous or damaging goods, unless a Safety Data Sheet (SDS) / Material Safety Data Sheet (MSDS) disclosing the dangerous, hazardous or damaging character of those goods is presented to Harmon Transportation for inspection.

ii. Any goods, if the carriage of those goods is illegal or prohibited by any law or regulation of a State, Territory or the Commonwealth.

b. Details provided by the Sender are warranted by the Sender as correct.

c. The Sender is liable for all Damage caused wholly or partially by a breach of Condition 7(a) and must indemnify Harmon Transportation for death, bodily injury, loss or Damage (personal and property) incurred by any Person as a consequence of the Sender’s breach.

d. Harmon Transportation at the Sender’s cost will return to the Sender a Consignment that is presented in breach of condition 7(a) or in breach of any law or regulation.

8. CARRIER’S CHARGES

a. The Sender will pay the Charges on the Due Date without deduction for any reason.

b. Charges are earned when the Consignment is tendered to Harmon Transportation.

c. The Sender must pay interest at the rate of 15% per annum calculated on a daily basis on outstanding Charges from the Due Date until Charges are paid.

d. A further Charge may be made to Harmon Transportation for any delay greater than one (1) hour from the time of reporting for loading or unloading.

e. No Charges are refundable.

f. Charges are inclusive of GST and Fuel Levy unless stated otherwise. The Sender will pay to Harmon Transportation the GST and Fuel Levy payable by Harmon Transportation for the Service at the same time as the Charges are payable.

9. CASH ON DELIVERY

Harmon Transportation will not collect any cash payment on Delivery on behalf of the Sender even if instructed to do so. All payment for delivery must be through Harmon Transportation’s office by Electronic Funds Transfer (EFT) or similar as agreed between the Parties.

10. CHARGES COLLECT

If the Sender stipulates that some other Person will pay the Charges and that Person fails to pay the Charges, the Sender must pay the Charges within five (5) days of request by Harmon Transportation.

11. INDEMNITIES AND EXCLUSIONS

Unless Harmon Transportation enter into a separate agreement to exclude, or vary any of the following sub-clauses, then:

a. The Consignment is at the risk of the Sender and not Harmon Transportation and, unless expressly agreed in writing, Harmon Transportation will not be liable for any Damage to the Consignment or any part of the Consignment, whether or not the Damage occurs in the course of Services by Harmon Transportation, or when otherwise in the possession of Harmon Transportation pursuant to this Contract, for any reason whatsoever including without limitation, negligence, breach of contract, or willful act or default of Harmon Transportation.

b. The Sender indemnifies Harmon Transportation against any claim or allegation made against Harmon Transportation by or liability to any Person including but not limited to the Receiver and the bailor for any Damage, personal injury (including death or disease) or other loss or injury (personal or property) arising out of, or in connection with the provision of the Services including solicitor-client indemnity costs sustained by Harmon Transportation, irrespective of any negligence, breach of contract, bailment or wilful act or default of Harmon Transportation.

c. The Consignment is always at the risk of the Sender.

12. CLAIM FOR LOSS OR DAMAGE

Whereby express written agreement Harmon Transportation becomes responsible for loss or damage, no claim for loss or damage will be allowed unless:

a. The claim is lodged in writing within forty-eight (48) hours after delivery was given to Harmon Transportation head office.

b. The Sender formally substantiates the loss or damage.

Failure to claim within forty-eight (48) hours is evidence of satisfactory performance of the Service. Time is of the essence in this clause.

13. INSURANCE

The Sender must take out its own insurance cover for the Consignment.

14. LAWS, CUSTOMS AND REGULATIONS

a. The Sender warrants that the Consignment conforms to all the applicable laws, customs and other government regulations of any Federal, State or Territory of Australia.

b. The Sender is liable for any taxes and duties levied in respect of the Services.

15. SENDER ACCEPTS TERMS

a. The Sender warrants that it is either the owner or authorized agent of the owner and the authorized agent of the Receiver.

b. The Sender accepts the terms of this Contract for the owner and Receiver and any other Person on whose behalf the Sender is acting.

16. ENTIRE AGREEMENT

This Contract is the entire agreement between Harmon Transportation and the Sender. No purported variation or modification of this Contract will have any effect unless it is in writing and signed by the Proprietor of Harmon Transportation.

17. SEVERABILITY

If any part of this Contract is unenforceable that part is severed from the Contract with the rest remaining in full force.

18. PROPER LAW AND JURISDICTION

This Contract is governed by the laws of Western Australia and where applicable, the laws of the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Western Australia. Any proceedings against Harmon Transportation must be instituted within six (6) months of the cause of action arising. Time is of the essence for this clause.