2.DYNAMIC EXPRESS NOT COMMON CARRIER
2.0 The Dynamic Express is not a Common Carrier and will accept no liability as such.
2.1 All Goods are carried and all storage and other services are performed by the Dynamic Express subject to these conditions.
2.2 Dynamic Express reserves the right to refuse the Carriage or storage of Goods at its discretion.
4.0 The Goods are in all things and at all times at the risk of the Applicant and not Dynamic Express.
4.1 Dynamic Express shall not be responsible in negligence tort contract or otherwise howsoever for any loss, damage, deterioration or injury of any kind or for mis-delivery of the Goods or failure to store or for incorrect or defective storage of the Goods including, without limiting the foregoing, chilled, frozen, refrigerated or perishable goods.
4.2 This Clause 3 shall apply whether or not such loss, damage, deterioration or injury or mis-delivery or failure to deliver or delay in delivery of the Goods or failure to store or incorrect or defective storage of the Goods occurs by negligent, reckless or wilful acts or default of the Dynamic Express , or occurs in the course of performance or purported performance by the Dynamic Express of this contract or whether or not the events or omissions are in the control of the Dynamic Express and / or the Sender or whether or not such events or omissions are foreseeable by them or either of them.
4.3 The disclaimer extends to include not only loss or damage to or deterioration of the Goods but also loss, damage or injury to any person, property or thing during or resulting from the performance or purported performance of or want of performance or breach of contract howsoever caused including but not limited to any omission, negligence, recklessness or wilfulness of the Dynamic Express.
4.4 The Sender agrees to free, release, hold harmless, indemnify and keep indemnified the Dynamic Express from all claims, liabilities, damages, costs and expenses arising out of any matter whatsoever in relation to any aspect of the Goods, of the Carriage or purported Carriage of or storage or purported storage of or failure to carry or store the Goods or in any way arising out of any act or omissions of the Dynamic Express to perform any of the Dynamic Express ’s obligations hereunder, or any breach of or failure by the Sender to comply with any of its obligations hereunder and otherwise howsoever whether such claims, liabilities, damages costs and expenses, direct or indirect, consequential or inconsequential, past, present or future.
4.5 All the rights, immunities, benefits and limitations of liability granted to the Dynamic Express by these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the terms of this contract or any of the conditions hereof by the Dynamic Express.
4.6 Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Dynamic Express or to which the Dynamic Express is entitled to hereunder shall also be available and shall extend to protect:
(a) All Subcontractors;
(b) Every servant or agent of the Dynamic Express or of the Subcontractor;
(c) And for the purposes of this Clause, only the Dynamic Express shall be deemed to be acting as agent on behalf of
all such persons and each of them shall, to this extent, be deemed to be parties to this contract.
4.7 All warranties upon the Dynamic Express, whether statutory or otherwise imposed or implied by law, are to the fullest extent possible hereby expressly negated.
4.8 In entering into this contract, the Sender warrants that it has conducted its own entries and relies on its own judgment and not on any representation made on or on behalf of the Dynamic Express and all such representations are hereby excluded.
4.9 Any data imported into the Dynamic Express’s systems (electronic or otherwise) is not covered by any type of warranty howsoever or whensoever and any warranties are excluded to the full extent of the law. No compensation will be claimable by the Sender or payable by the Dynamic Express for any errors or omissions that may occur when any such data has been imported unless otherwise agreed to between the parties. The Dynamic Express is released from any liability howsoever or whensoever for any damage that may be caused or which may result when installing a third party product for use with the Dynamic Express.
4.10 The Sender must:
(a) Declare on any relevant documentation any hazardous goods included in the request for service by the Dynamic Express and the class, packaging group and identification number, and;
(b) Provide all relevant shipping documentation for any hazardous goods for attachment to any consignment note. And warrants that except as shown on the face of the consignment note, the consignment note does not indicate any reference to any explosive, volatile spirits or other cargo or merchandise of a dangerous, flammable or offensive nature or any cargo or merchandise the Carriage of which would be illegal or prohibited by any law or regulation and further, the Sender hereby agrees to indemnify and keep indemnified the Dynamic Express in respect of any liability, bodily injury, loss or damage which the Dynamic Express , its Subcontractors, servants or agents might sustain or incur as a result of or arising out of the Applicant’s failure to comply with this provision. The Dynamic Express reserves the right to refuse the Carriage of any such disclosed cargo or merchandise.
Dynamic Express may in its sole discretion make insurance cover available for the transport of certain classes of goods and by certain modes of transport and subject always to the restrictions and exclusions and terms and conditions (including limits of indemnity) applicable to any such insurance cover. Details of insurance the insurance cover can be found at https://www.couriersandfreight.com.au/insurance/. It is the Sender’s responsibility to take out any insurance cover made available by Dynamic Express through its insurance provider Freightonline Australia Pty Ltd or where cover is not available or the Sender chooses not to take out any cover made available by Dynamic Express it is the Sender's responsibility to arrange appropriate insurance cover for the goods given the basis upon which Dynamic Express provides the Services pursuant to these Conditions.
Any insurance provide through Dynamic Express via Freightonline Australia PTY LTD must be purchased directly by the shipper at https://www.couriersandfreight.com.au/insurance/ or via a letter of coverage by Dynamic Express signed by the managing director Robert Lynch. All insurance must purchase prior to shipping. Every shipment where insurance has been requested by the sender and have agreed to the insurance terms and conditions provided at the time of purchase and accepted by Dynamic Express and Freightonline Australia a certificate of currency will be issued via Freightonline Australia Pty Ltd as proof of the insurance coverage. If no certificate is provided it is deemed that no insurance cover has been taken out by the sender.
The Sender warrants and acknowledges that:
The Sender indemnifies Dynamic Express (and shall keep Dynamic Express indemnified) against all costs, losses, penalties, expenses and liabilities suffered or incurred by Dynamic Express by reason of any breach by the Sender of any or all of the foregoing warranties or acknowledgments.
The goods (and any documents relating thereto in Dynamic Express's possession) are accepted by Dynamic Express for provision of the Services subject to a general lien for all charges now due or which may hereafter become due to Dynamic Express by the Sender on any account whether in respect of the goods comprised herein or in respect of any other goods for which Dynamic Express provides carriage, storage or any other service. If the lien is not satisfied and/or the goods are not collected, Dynamic Express may at its option and without any notice, in the case of perishable goods forthwith, and in any other case upon the expiration of 1 month either.
Any such sale shall not prejudice the right of Dynamic Express to recover from the person or persons liable to pay the same any charges due or payable in respect of any carriage, storage or other service or sale. This right of sale is additional to any other rights conferred upon Dynamic Express by statute or general law.
No responsibility shall be placed upon Dynamic Express for the return or dehire of pallets. Pallet control is the responsibility of the Sender and the receiver. Dynamic Express shall consider all pallets to be on a one way transit.
These Conditions apply to any container(s), pallet(s) or other packaging containing or delivered with the goods to Dynamic Express. The Sender is responsible for the conformity of such container(s) packaging and pallet(s) with any requirements of the receiver and for any expenses incurred by Dynamic Express arising from any failure to conform.
9. MODE OF CARRIAGE/METHOD OF STORAGE
If the Sender expressly or impliedly instructs Dynamic Express to use a particular method of handling or storing the goods or a particular mode of carriage, Dynamic Express will give priority to that method or mode but if it cannot conveniently be adopted by Dynamic Express, the Sender authorises Dynamic Express to handle or store the goods by another method or methods or carry or have the goods carried by another mode or modes. Dynamic Express is entitled to open any document, wrapping, package or other container in which the goods are placed or carried, to inspect the goods to determine their nature or condition or for the purpose of determining their ownership or destination where any transport document or other identifying document or mark is lost, damaged, destroyed or defaced.
10. INTERMEDIATE POINTS/DELAYED DELIVERY
Dynamic Express will deliver goods at intermediate points only by special arrangement and then only provided suitable facilities are available at all hours.
A charge may be made by Dynamic Express in respect of any delay in excess of 30 minutes in loading or unloading occurring other than through Dynamic Express’s fault and such period commences upon Dynamic Express reporting for loading or unloading. Labour to load or unload goods is the responsibility and at the expense of the Sender or consignee. Should the receiver not be in attendance during normal trading hours or at the time specified, Dynamic Express reserves the right to make a further charge for every call made until delivery is effected.
11. DYNAMIC EXPRESS’S CHARGES
11.1 Sender shall pay Dynamic Express the Fees without withholding, deduction or offset of any amounts for any purpose.
11.2 The freight transaction is deemed to be accepted once payment is confirmed, regardless of payment method (i.e. account), and after acceptance Sender s are responsible for having their freight ready at the date and time indicated.
11.22 For account Sender Payment terms are strictly 7 days from the date of invoice. Invoices well be rendered weekly and Dynamic Express reserves the right to charge an invoice fee for each and every invoice generated. DYNAMIC EXPRESS shall be entitled to charge late payment fees for all outstanding invoices.
11.3 The price quoted at the time of booking is an estimation based on the data provided at the time of the booking. The Transport Company will re-weight and re-check dimensions to calculate the exact chargeable weight. Items are charged based on dead weight or cubic whichever is the greater. In the event that there is a difference between the declared chargeable weight and the actual chargeable weight you the Sender will be automatically re-billed the difference in accordance with our terms and conditions. As this shipper you the Sender is liable for all additional charges that The Transport Company may from time to time charge as part of their service to deliver the shipment plus any applicable mark up charged by DYNAMIC EXPRESS . You the Sender agree to the terms and conditions listed on this site and The Transport Company’s terms and conditions your have shipped with. All additional charges will be added to the Sender’s account for account Senders or debited from the Sender’s credit card used to book the shipment. In the event of a dispute the amount must be paid in full and a credit request must be made in writing. The credit request must include proof of the incorrect charge. All outstanding amounts will in cure interest at the rate of eth bank overdraft
11.4 If freight is reweighed, and a discrepancy found between the weight indicated to DYNAMIC EXPRESS, and the actual weight of the freight, any additional charges incurred will be charged back to the Sender plus any applicable mark up. DYNAMIC EXPRESS reserves the right to charge Administration fee of $10.00 per re charge, DYNAMIC EXPRESS reserves the right not to send freight until outstanding moneys are paid.
11.5 If freight is re-measured, and a discrepancy found between the dimensions indicated to DYNAMIC EXPRESS , and the actual dimensions of the freight, any additional charges incurred will be charged back to the Sender , with DYNAMIC EXPRESS reserving the right not to send freight until outstanding moneys are paid.
11.6 If a transport The Transport Company recharges or penalizes DYNAMIC EXPRESS for an additional pickup upon a failure for a Sender s to have the freight ready at the time indicated to DYNAMIC EXPRESS , these fees will be billed to the Sender .
11.7 DYNAMIC EXPRESS is not liable for lost, stolen, damaged, wet, or wrongly delivered freight.
11.8 All Sender s are responsible for their own packaging, accurate dimensions, accurate weights, the point of origin for the shipment, the point of destination for shipment, whether the shipment will be insured and the amount of coverage, and any other special instructions.
11.9 All Sender s are responsible for the contents of the freight, and may not use the DYNAMIC EXPRESS system to send any item which is in any violation or conflict of respective origin and destination legislations.
11.10 Any Dangerous goods are the responsibility of the Transport The Transport Company .
11.11 Account fees will be applied to all account Sender s only. The fee for this will be $5.00 per invoice.
11.12 Should a transport The Transport Company or Sender file for bankruptcy or foreclosure, DYNAMIC EXPRESS is not liable for any monies outstanding or issues of non-delivery.
11.13 The use of the DYNAMIC EXPRESS system is subject to acceptance of DYNAMIC EXPRESS Terms and Conditions, and the acceptance of further Terms and Conditions that each individual Transport The Transport Company may have.
11.14 Every care is taken to ensure that products supplied to DYNAMIC EXPRESS are in good and usable condition. No claim to the contrary will be entertained unless in writing by the Sender within seven (7) days of delivery to the Sender .
11.18 Payments may be made by Direct deposit Cheque or Credit card. All credit card payments are subject to a 3% surcharge.
11.2 DYNAMIC EXPRESS may increase the Fees at any time without notice..
11.3 An account rendered by e-mail or otherwise by DYNAMIC EXPRESS shall be prima facie evidence for a Court of the provision of the items referred to in same to Sender by DYNAMIC EXPRESS .
12.1 Unless expressly stated to the contrary and to the extent permitted by law:
(a) the Fees are exclusive of all Taxes which may arise in relation to the subject matter of this Agreement;
(b) Sender shall immediately pay any applicable Taxes to DYNAMIC EXPRESS ; and
(c) Sender shall indemnify and keep indemnified DYNAMIC EXPRESS from payment of the Taxes and any penalties arising from non-payment of same.
13.1 Sender shall pay DYNAMIC EXPRESS interest at the Interest Rate on all overdue amounts from the due date until payment is made.
13.2 The Sender will pay interest from the date of demand until payment on so much of the Debt as may be outstanding at a daily rate of interest equivalent to that interest rate charged by the Commonwealth Bank of Australia from time to time on overdraft accounts less the $100,000.00. Interest shall be calculated on daily balances from the date of demand. The minimum weekly interest charged will be:
14. Suspension and Obligations
15. RAIL SERVICE
16. GOVERNING LAW & DISPUTES
16.1 This contract is governed by the laws of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
16.2 All disputes are to be handled in Sydney. Dynamic Express shall be entitled to recover all reasonable legal costs incurred in relation to any dispute.
17. BENEFIT OF THESE CONDITIONS
Each and every provision of these Conditions and every defence, liberty, right, exemption and immunity of whatsoever nature available or applicable to a Dynamic Express or to which Dynamic Express is entitled hereunder is available and extends to all sub-contractors, each officer employee or agent of Dynamic Express or of any sub-contractor, every other person by whom carriage or storage is provided and all persons who are or may be vicariously liable for the acts or omissions of any persons referred to in this Clause. As far as may be necessary to give effect to this clause, Dynamic Express is, or shall be deemed to be, acting as agent and trustee for and on behalf of and for the benefit of all such persons and each of them shall to this extent be deemed to be parties to each contract of carriage or storage (or both) effected pursuant to these Conditions.
The Sender sunder takes that no claim or demand or proceeding shall be made or issued against Dynamic Express in respect of any loss of or damage to the goods or misdelivery or delayed delivery of the goods and if any claim demand or proceeding shall be made or issued the Sender shall indemnify Dynamic Express and keep Dynamic Express from and against any and all liability Dynamic Express may suffer or incur as a result of any such claim, demand or proceeding should be made by the Sender