CARTAGE TERMS & CONDITIONS

These are the terms and conditions upon which Morgans Long Distance Transport Pty Ltd ABN 90 120 079 898 accepts goods for carriage and/or storage.

1. Definitions:

Agreement means these Terms & Conditions and any other terms as agreed to in writing between the Carrier and the Consignor.

Carriage means the whole of the operations and services provided by the Carrier with respect to the Goods, including transportation and storage.

Carrier means Morgans Long Distance Transport Pty Ltd ABN 90 120 079 898 with its employees, agent and subcontractors.

Consignee means any individual or entity receiving or accepting the Goods.

Consignor means the individual or entity with whom the Carrier enters into this Agreement.

Dangerous Goods means any goods that may be volatile or explosive, or which may become dangerous, inflammable or offensive (e.g. radioactive material) or which are, or may become, liable to injure any person or damage property.

Deliverer means the individual or entity supplying the Goods to the Carrier for Carriage on behalf of the Consignor.

Goods means the goods accepted by the Carrier (including any container or packaging) as supplied by, or on behalf of, the Consignor.

Subcontractor means any other individual or entity who pursuant to a contract or arrangement with any other individual or entity (whether or not the Carrier) performs or agrees to perform the Carriage or part of the Carriage.

2. Warranty

(a) Delivery of the Goods to the Carrier represents a warranty by the Deliver that the Deliverer is duly authorised by the Consignor of such Goods to bind the Consignor to the Agreement.

(b) Notwithstanding any other provision in this Agreement, the Carrier shall be subject to any implied warranty provided by the Trade Practices Act 1974 as amended from time to time, to the extent that that Act is applicable to this Agreement and prevents any exclusion, restriction and modification of any such warranty.

3. Supply and Instructions

(a) It shall be the responsibility of the Consignor to ensure that they, or the Deliverer, supply the Goods for Carriage to the Carrier appropriately by ensuring that the Goods are properly packed and marked, and notifying the Carrier as to the description of the Goods, the weight and any other particular requirements, procedures or precautions necessary for the Carriage of the Goods.

(b) It shall be the responsibility of the Consignor to ensure that they, or the Deliverer, provide the Carrier with complete instructions (including delivery address details and any other specific instructions) to enable successful Carriage of the Goods.

4. Carrier’s Rights

The Carrier shall have sole discretion as to:

(a) accept or refuse Carriage of Goods; and

(b) the handling, loading, unloading and storage of the Goods during Carriage.

5. Fees

All fees and charges due to the Carrier are payable by the Consignor to the Carrier at the time of entering into this Agreement. For avoidance of doubt, all fees and charges are payable upon the Consigner, or the Deliverer, supplying the Goods to the Carrier for Carriage.

6. Methods of Carriage

(a) The Carrier must endeavour to perform Carriage of the Goods in accordance with the instructions provided by the Consignor.

(b) The Consignor authorises any deviation from the usual route or manner of Carriage of the Goods which may in the sole discretion of the Carrier be deemed reasonable and necessary in the circumstances.

(c) Where the Consignor has expressly or impliedly instructed the Carrier to use a particular method of handling or storing the Goods, or other particular method of Carriage, the Carrier shall give priority to such methods, but its adoption is at the sole discretion of the Carrier, and the Consignor authorises the Carrier to handle, store, carry or have the Goods carried by another method.

7. Delivery of Carriage

(a) The Consignor authorises the Carrier to deliver the Goods to address provided to the Carrier by the Consignor, or Deliverer, for that purpose, and the parties agree that the Goods are presumed delivered in accordance with this Agreement if the Carrier obtains from a person at that address a receipt for the Goods.

(b) If the nominated address for delivery is unattended, or acknowledgement of successful Carriage cannot be obtained at the address for delivery, the Carrier may leave an attempted delivery card and the Goods will be held for a period of 48 hours. If no response is received, the Goods will be returned to the Consignor.

8. Liability & Risk

(a) The Carrier is not a common carrier and shall not accept liability in such capacity.

(b) The Goods will not be insured by the Carrier at any point in time before, during or after the Carriage.

(c) The Goods are at the risk of the Consignor and not the Carrier. The Carrier shall not be liable in tort, or contract, or bailment, or otherwise for any direct, indirect and/or consequential loss or damage to, or deterioration, of Goods or mis-delivery or failure to deliver, or delay in delivery, of Goods in either transit or in storage for any reason whatsoever (including, without limiting the foregoing, negligence or breach of contract or wilful act or default of the Carrier or others), whether or not such loss or damage to, or deterioration, of Goods or mis-delivery or failure to deliver, or delay in delivery, of Goods occurs in the course of performance by or on behalf of the Carrier of the Agreement or in events which are in the contemplation of the Carrier and/or the Consignor or in events which are foreseeable by them or either of them or in events which could constitute a fundamental breach of the Agreement or a breach of a fundamental term of the Agreement.

(d) It shall be the responsibility of the Consignor to ensure that they, or the Deliverer, deliver the Goods appropriately by ensuring that the Goods are properly packed and marked, and notifying the Carrier as to the description of the Goods, the weight and any other particular requirements, procedures or precautions necessary for the Carriage of the Goods.

(e) every limitation, exemption, condition and liberty contained herein this Agreement, and every right, exemption from liability, immunity or defence of whatsoever nature applicable to the Carrier, or to which the Carrier is entitled to under this Agreement, will also be available and shall extent to protect:

(i) all Subcontractors;

(ii) every servant or agent of the Consignor or a Subcontractor;

(iii) any individual or entity (other than the Carrier) who undertakes to perform the Carriage or part thereof.

(iv) all persons who may be vicariously liable for any acts or omissions of an individual or entity who falls within the sub-classes outlined in paragraphs (i)-(iii) 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 Agreement.

9. Subcontracting

(a) The Carrier and any Subcontractor shall be entitled to subcontract on the same terms of this Agreement the whole or any part of the Carriage.

10. Indemnity

The Consignor undertakes:

(a) to indemnify the Carrier in respect of any liability whatsoever and howsoever arising (including from negligence, breach of contract, wilful act or default of the Carrier or others) to any individual or entity (other than the Consignor) who claims to have, or has, or may claim to have any interest in the Goods or any part of the Goods; and

(b) that no claim or allegation shall be made, whether by the Consignor or any other individual or entity who may be interested in the Goods against any individual or entity (other than the Carrier) by whom (whether a Subcontractor, principal, employer, servant, agent or otherwise) the Carriage or any part of the Carriage is performed or undertaken, which may impose (or attempts to impose) any liability whatsoever and however arising (including without limiting the foregoing from negligence or breach of contract or wilful act or default of the Carrier or others) in connection with the Goods, and indemnify the Carrier and the person against whom such a claim or allegation may be made, whether direct, indirect or consequential. Without limiting the foregoing and for the purpose of this clause 10(a), the Carrier is or shall be deemed to be acting as an agent or trustee on behalf of, and for the benefit of, all such persons, and each of

them shall be, or deemed to be, parties to this Agreement; and

(c) to indemnify the Carrier against any claim or allegation made against it by any individual or entity in connection with any loss of, or damage to, the Goods occurring at any time during the Carriage; and

(d) indemnify the Carrier on behalf of the Consignor for any loss or expense incurred by the Carrier as a consequence of any incomplete or inaccurate instructions.

11. Lien over Goods

The Carrier shall have lien over all Goods (and documents relating to such Goods) supplied to the Carrier by the Consignor, or Deliverer, for Carriage and shall be entitled to retain possession of same until all fees and charges owing to the Carrier have been paid in full.

12. Dangerous Goods

(a) The Consignor shall not tender for Carriage any Dangerous Goods without disclosing a full description of the nature of the Dangerous Goods, and in any event, shall be liable for all death, bodily injury, loss and/or damage caused by Dangerous Goods.

(b) If, in the opinion of the Carrier, the Goods supplied for Carriage are liable to become Dangerous Goods in the course of performing Carriage, the Carrier may destroy, dispose, abandon or render harmless the Dangerous Goods without compensation to the Consignor, and without prejudice to the Carrier’s rights to charges under this Agreement.

13. Applicable Law

This Agreement will be subject to the laws of Queensland.