Effective Date: 1st November 2024
Subject to clauses 2 and 3 below, a contract is created between the Customer and Kempmont Pty Ltd ACN 010 804 930 T/A John Ryan Freight Services (JRFS) when:
The contract between JRFS and the Customer incorporates the provisions of the Consignment Note and these conditions.
Where there is any inconsistency between the Consignment Note and these conditions, these conditions prevail.
Where the Customer is not the same person as the Consignor, the Consignor is also bound by these conditions, including, without limitation, the obligation to pay for the Services.
Acceptance of these conditions by the Consignor is a condition for JRFS to provide services in respect of the Goods.
JRFS may:
The Customer acknowledges that JRFS:
JRFS shall procure the delivery of the Goods, subject to these conditions, by such means and such Subcontractors as JRFS determines appropriate.
7.1. JRFS may subcontract all or part of its obligations to a Subcontractor on any terms.
7.2. JRFS is not required to carry or store Goods in a chiller or freezer unless:
The Customer acknowledges and agrees that, unless otherwise agreed in writing with JRFS, they are responsible for:
JRFS:
10.1. The Customer must not tender Dangerous Goods or liquids for Transport without first providing JRFS with a full written description of the Goods' nature.
10.2. Dangerous Goods must be packaged according to the Australian Dangerous Goods Code, regardless of whether they are declared as such on the Consignment Note.
10.3. JRFS may refuse to transport Dangerous Goods.
10.4. If, in the opinion of JRFS or its Subcontractor, the Goods are, or may become, Dangerous Goods, or their condition has deteriorated, JRFS may:
JRFS and the Customer acknowledge and agree:
12.1. JRFS is not required to deliver the Goods to any address other than the Delivery Address.
12.2. JRFS may, at its discretion, agree to a request to arrange delivery of the Goods to an address other than the Delivery Address but will only be bound to do so if:
12.3. JRFS may charge additional fees for delivery to a changed address.
12.4. The Customer assumes all risks arising from the delivery of the Goods to an address nominated by the Customer that is not the Delivery Address.
12.5. The Customer must ensure the Delivery Address has adequate and safe access arrangements to allow the Subcontractor to deliver the Goods and must notify JRFS of any specific risks.
12.6. The Customer must arrange, at their own cost, for:
12.7. Unless agreed in writing, JRFS will not exchange any pallets with any Person, and the Customer must not transfer any pallets to any account held by JRFS with a pallet hirer.
12.8. JRFS is not liable for, nor bound by, any instructions to collect cash on delivery or any other payments for any Person.
12.9. If the Delivery Address is unattended, or the intended recipient fails to take delivery of the Goods when the Subcontractor attends the Delivery Address, JRFS may:
Any of the actions under (a), (b), or (c) will constitute delivery. The Customer shall be responsible for additional charges and expenses incurred by JRFS as a result of these actions.
12.10. JRFS is not required to provide free storage of Goods. Storage services will only be provided if JRFS has agreed, in writing, to do so.
Risk in the Goods remains with the Customer until the Goods are collected by JRFS’s Subcontractor to supply the Services. Risk then passes to the recipient upon delivery of the Goods to the Customer’s intended recipient, or their agent, at the Delivery Address.
16.1. JRFS has a general lien on the Goods and any other goods of the Customer for all Charges due or becoming due on any account, whether for:
16.2.
16.3. If the Charges are not paid or the Customer or Recipient fails to take delivery or return of the Goods, JRFS may, without notice and, in the case of perishable Goods, immediately:
16.4. JRFS may deduct or set-off from any amounts due from JRFS to the Customer under any contract the debts and moneys owed by the Customer to JRFS under these conditions or any contract.
17.1. The Customer must make its own arrangements for insurance of the Goods. Any loss or damage to the Goods must be claimed against the Customer's own insurance.
17.2. JRFS is under no obligation to provide insurance for the Transport or Storage of the Goods. However, JRFS may, at its discretion, declare the Goods on any general policy. If the Customer's insurer disputes liability, the Customer has no recourse against JRFS and must make their claim directly with their insurer.
18.1. If JRFS is liable for damage to or loss of the Goods (or part thereof), no claim may be made unless:
18.2. Failure to notify a claim within the timeframes specified in clause 18.1 will serve as evidence of satisfactory performance by JRFS.
18.3. JRFS will be discharged from all liability for loss or damage related to Transport or Storage unless legal proceedings are initiated:
19.1. The Customer warrants that:
The Customer agrees to indemnify JRFS from and against all losses and expenses incurred by JRFS as a consequence of:
21.1. JRFS shall not be liable for:
If such failure, delay, loss, or damage arises due to matters beyond JRFS’s control, including but not limited to:
22.1. To the extent permitted by law, JRFS excludes all warranties, conditions, and terms implied by statute, general law, or custom.
22.2. JRFS shall not be liable for any change in the nature of the Goods due to their inherent nature, deterioration, or evaporation.
22.3. JRFS shall not be liable to any Person, including the Customer, for acts or omissions (including willful misconduct or recklessness) of JRFS, its officers, employees, or Sub-Contractors in:
This includes loss, damage, deterioration, contamination, infestation, delay, non-delivery, or failure to supply the Transport or Storage.
22.4. The Customer releases and indemnifies JRFS, its employees, and Sub-Contractors against all loss, damage, costs, and expenses arising from any claim by any Person in:
This includes claims for:
22.5. JRFS shall not be liable for destruction or damage to Goods caused by any third party.
22.6. The exclusions and releases in clauses 22.3, 22.4, and 22.5 extend to indirect or consequential losses, including loss of:
This applies even if JRFS was aware of or could foresee such losses.
22.7. These conditions apply even in cases of a fundamental breach of contract or breach of a fundamental term.
22.8. JRFS also acts as agent and trustee for its officers, employees, and Sub-Contractors, entitling them to the full benefit of these conditions, including any exclusions or limitations of liability.
22.9. Even if JRFS breaches any of these conditions, the rights, immunities, and limitations of liability remain in full force and effect.
22.10. The Customer undertakes not to make any claim or allegation against any Sub-Contractor, employee, or officer of JRFS involved in the Transport or Storage of the Goods. If such a claim is made, the Customer must indemnify JRFS against all consequences.
22.11. To the extent permitted by law, JRFS’s liability is limited to one of the following (at JRFS’s discretion):
JRFS reserves the right to charge for storage if:
In such cases, JRFS may store the Goods at a location of its choosing.
If you have questions or concerns about these Conditions, please contact us at:
Email: sue@jrfs.com.au
Phone: 1300 609 968
Mailing Address:
John Ryan Freight Services
PO Box 676, Park Ridge Qld 4125
By using our services, you agree to the terms outlined in these Conditions of Carriage
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