CONDITIONS OF COLD STORAGE
Rand Transport (1986) Pty Ltd
As trustee for Rand Transport Unit Trust
A.C.N 009 180 983 A.B.N 72 730 876 913
 
1. In these conditions:
"You and Your" means the person requesting Cold storage services.
"We, Our and Us" means Rand Transport (1986) Pty Ltd and any business operated by the company and each of their employees and agents.
"Goods" means the goods we are requested to store and includes any packaging, container or pallet in or on which the goods are packed.
"Cold storage services” means the entire service we are requested to provide in relation to the goods, other than carriage services,
"Sub-contractor" means any person we arrange to provide cold storage services for the goods and their employees, agents and sub-contractors.
2. Subject at all times to the application of these conditions, we will provide cold storage services for your goods.
3. We may refuse to provide cold storage services or any part of the requested services at our discretion.
4. We are authorised to arrange for a sub-contractor to store the goods. If we do that the sub-contractor will be entitled to the full benefit of these conditions to the same extent as we are and we are deemed to act as its agent and trustee in entering into this agreement on its behalf.
5. If at the time of entering into the agreement you request us to store the goods at a particular temperature and we accept that request and agree to store the goods at the requested temperature, we will make reasonable efforts to maintain the temperature of the goods at that temperature but will not be liable for any failure to maintain the goods at the requested temperature.
6. By agreeing to the Conditions of Storage You agree to the following pallet policy conditions:
6.1 We will only accept a minimum of 30 delay days on all pallet transfers onto Our CHEP or LOSCAM pallet account.
6.2 We do not exchange pallets.
6.3 We will not acknowledge any transfer dockets processed more than 90 days from the commencement of the Cold storage services.
6.4 We require all transfer dockets to be completed within the effective date 30 days from the commencement of the Cold storage services. Failure to complete the effective   date correctly will result in a correction being processed by Us upon processing of the pallet transfer transaction.
6.5 All pallet transfer dockets must be submitted to CHEP or LOSCAM within 60 days of commencement of the Cold storage services. Any transfer dockets not processed     within 60 days will be valid from process date.
7. You warrant that:
7.1 You are either the owner of the authorised agent of the owner of the goods and by entering into this agreement you do so on your own behalf and for all others on whose   behalf you are acting.
7.2 You have properly described the nature, size and weight of the goods and correctly noted the number of items and accurately labelled the goods.
7.3 You will not request storage of any explosive, inflammable or otherwise dangerous (as classified in the Australian Dangerous Goods Code) or damaging goods without         providing a full description of the goods.
7.4 You authorise any deviation or variation from the usual method of storage of the goods which we may consider at our discretion to be reasonable or necessary.
8. We will not be liable in tort or contract or otherwise for any loss or damage to the goods, loss of market, loss of use or consequential loss for any deterioration, misdelivery, failure or delay in the delivery of the goods including freezing, thawing or failure to maintain the required temperature for any reason whatsoever, including negligence.
9. We must be notified of any circumstance that might give rise to a claim within 24 hours and receive a written claim for loss or damage within 72 hours after the goods are delivered following the cold storage services.
10. Any proceedings must be commenced within 6 months of the date of completion of the cold storage services, failing which we are discharged from any liability.
11. In under applicable State, territory or Commonwealth law, including the Completion & Consumer Act 2010 (Cth) and the Australian Consumer Law being part of that Act, conditions and guarantees are implied terms of a contract based on this agreement, and rights and remedies are conferred on consumers or small businesses which cannot be excluded, restricted or modified by these conditions except to the extent permitted by law.
12. You are liable to pay our charges as agreed which are earned when goods are requested to be stored and goods are received for storage. We may charge by weight, measurement or value and may reweigh, remeasure or revalue goods at any time and charge an additional proportional amount if previously under charged.
13. If you advise that our charges are to be paid by another person and the charges are not paid within 7 days of the date set for payment, or if no date is set for payment, within 7 days of the date of completion of performance of the cold storage services, then you will be liable to pay the charges.
14. If you fail to pay our charges on reasonable demand being made, we may exercise a lien over the goods and may detain or sell any of the goods which are in our possession or that of our employees, agents or sub-contractors and may retain from the sale proceeds the amount of our unpaid charges and all costs of the detention and sale.
15. If agreed charges are exclusive of Goods and Services Tax (GST), you must pay GST in addition to the agreed charges if such tax is applicable to the cold storage services provided.
16. We will rely on the details provided to us of the description, items, pallet space, quantity, value and measurement of the goods received into cold storage but do not admit their accuracy, nor the condition of the goods when received.
17. If goods are tallied by us or our employees or agents on receival into cold storage or on delivery from cold storage, that tally will be conclusive evidence of the quantity of goods received and delivered.
18. We will not arrange insurance cover for goods whilst in cold storage.
19. You agree we may use your personal information for the purposes of our business relationship. We will not disclose your personal information except as required to perform the agreed cold storage services or if required to do so by law.
20. This agreement will be governed by the laws of Western Australia.

 

 Last revised 8 August 2016

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