No. 1 — Dynamic Car Carrying (hereinafter referred to as The Carrier) which expression shall include its servants, agents and Sub-contractors is not a Common Carrier and will accept no liability as such.
The Carrier reserves the right to refuse the carriage of transportation of goods for any person, corporation or company and the carriage or transport of any class or goods at its discretion.
No. 2 — The Carrier shall not be under any liability for any loss or damage to, or misdelivery, delay in delivery, or nondelivery of goods held in their care, custody or control or any consequential loss arising there from however caused. This disclaimer extends to include any loss of or damage, damage or injury to any person, property or thing damaged during the movement and to include any loss consequently or otherwise arising from any loss, damage or injury aforesaid.
No. 3 — Notification of Loss or Damage: the Carrier will not accept any liability for damage unless the damage is noted and signed for on the delivery consignment note.
No. 4 — The Carrier’s Premium Service will not be arranged by the Carrier except with; the Express instructions in writing of the consignor and then only at his expense and on lodgement of a declaration as the Value Prior to Collection.
No. 5 — Freight shall be considered earned whether the goods are delivered to the consignee or not and whether damaged of otherwise.
No. 6 — Goods may be on forwarded by any means at the Carrier’s discretion.
No. 7 — The Carrier may arrange for the carriage of goods by any independent Contractor or Sub-Contractor of the Carrier.
No. 8 — In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods, the Carrier in addition to acting for himself or acting as agent of and trustee for each of his servants and person or company so that his servants and such person or company and his or it’s servants are parties to this contract so necessary to give effect to this clause the Carrier shall hold the benefit of those conditions for his servants and for any such person or company and his or it’s servants.
No. 9 — If on demand any person fails to pay charges due to the Carrier in respect to any service rendered by the Carrier, the Carrier may detain and sell all or any of the goods of such person which in his possession and out of the moneys arising from the sale, retain the charges so payable and all charges and expenses of the detention and sale shall render surplus, if any of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
No. 10 — The Carriers Charges for carriage shall be payable by the consigner without prejudice to the Carriers right against the consignee or any other person, provided that where it is stated on the consignment note or docket that charges are payable by the consignee.
No. 11 — These Conditions shall be governed and construed in accordance with the laws of the State in which the consignment note is issued and any proceedings against the Carrier shall be brought in the State and not elsewhere with twelve (12) months from the date of contract.
No. 12 — Exclusions: The Carrier will not be provided for any pre-existing damage, hail damage, mechanical or electrical damage, stone chipping to any part of the vehicle including panels and glass,
Loss of personal property or effects from on or within the vehicle, insect damage or bird droppings or any damage which aggregate with all other damaged suffered in respect of a vehicle is in excess of the substantiated purchase price or fair market value of the vehicle, whichever is lesser per vehicle, less the value of the damaged vehicle.
Dynamic Car Carrying is not provided for consequential or indirect loss, loss due to the movement of objects within the vehicle, ordinary leakage, ordinary wear and tear, delay, inherent vice, war, terrorism, nuclear explosion, strikes, riots or civil commotion.
PREMIUM VEHICLE SERVICE CONDITIONS COVER
Against ALL RISKS of physical Loss and Damage to the vehicle. EXCLUDING (a) Loss or damage to personal effects left in the vehicle and/or damage caused to vehicle by having personal effects in the vehicle.
(b) Mechanical derangement.
Is Responsible for the first $1000.00 per vehicle of any repair AUTHORISED by Dynamic Car Carrying.
If the Carrier is liable for loss or damage to the goods or any part thereof, no claim in respect of such loss of damage may be made unless notice of the claim is lodged in writing to the office of the Carrier within 24 hours WITH A COPY OF SIGNED CONSIGNMENT NOTE NOTING DAMAGE AT TIME OF COLLECTION OR DELIVERY.