Terms & Conditions

Carriage

1. Definitions

"You and Your" means the person or company requesting Carriage Services, and includes the consignor or the consignee of the Goods.

"We, Our and Us" means Scott’s Refrigerated Logistics and any business operated by Scott’s Refrigerated Logistics and each of its employees and agents and Sub-contractors.

Scott’s Refrigerated Logistics means Scott’s Refrigerated Logistics Pty Ltd (ACN 009 180 983) atf the ScottsRL Unit Trust, Scott’s Refrigerated Freightways Pty Ltd (ACN 162 034 326), Scott’s Refrigerated Logistics (Qld) Pty Ltd (ACN 148 136 270) and their affiliates and subsidiaries.

"Goods" means the goods for which We are requested to provide Carriage Services and includes any packaging, container or pallet in or on which the goods are packed.

Dangerous Goods” means any explosive, flammable or otherwise dangerous or damaging Goods.

"Carriage Services" means the entire service We are requested to provide in relation to the Goods, including loading, carriage, unloading and storage incidental to the ordinary transit of the Goods.

"Chain of Responsibility Laws" means all chain of responsibility laws operating in Australia, as amended from time to time (including the HVNL) and any related codes of practice, standards, notices and directions issued by any relevant authority or industry body (including the National Heavy Vehicle Regulator and NSW RMS) applicable in the jurisdiction or jurisdictions in which We have a base of operations or are operating a relevant vehicle in performance of its obligations under these Terms & Conditions.

"HVNL" means the Heavy Vehicle National Law 2013 (NSW) as adopted in each State or Territory in Australia in which We have a base of operations or are operating a relevant vehicle.

“Small Business” means a business that employs less than 20 people, including casual employees employed on a regular and systematic basis.

"Sub-contractor" means any person or company We arrange to provide Carriage Services for the Goods and his/her/its employees, agents and sub-contractors.

“Pallet Process Agreement” means a document provided by Us to You setting out a pallet transfer and control process agreed by Us and You including but not limited to agreement to accept pallet transfers, imposition of transfer delay days and arrangements to avoid or resolve any matters We may encounter when transferring or attempting to transfer pallets to a receiver, consignee or person or organisation located at the address given by You for delivery.

"Proof of Delivery" means such evidence that We deem acceptable from time to time to confirm Our delivery of the Goods.

"Claim Form" means Our current claim form (as amended from time to time) published on Our website.

"Rate Table" means Our current rate table (as amended from time to time) which is available upon request by You.

"Terms & Conditions" means the current terms & conditions (as amended from time to time) published on Our website.

2. General

  1. We are not a common carrier and will not accept liability as such.
  2. We reserve the right to accept or refuse to provide Carriage Services to You at Our sole and absolute discretion, without giving any reason for so doing.
  3. Unless expressly stated otherwise, these Terms & Conditions of Carriage comprise the entirety of the agreement between You and Us. These Terms & Conditions may only be varied by written agreement which is to be signed by a person authorised to do so on Our behalf and signed by a person authorised to do so on Your behalf.
  4. You agree to be bound by these Terms & Conditions and any express or implied condition, statement, or warranty, statutory or otherwise, not stated in these conditions, is hereby excluded to the extent permitted by law.
  5. You acknowledge and agree that the Terms & Conditions may be amended by Us from time to time without notice. The current version of the Terms & Conditions will be published on Our website. Your subsequent request for Us to provide Carriage Services will constitute Your acceptance of Our current Terms & Conditions.

3. Our Rights & Obligations

  1. Subject at all times to the application of these Terms & Conditions, We will provide Carriage Services with respect to the Goods as noted on the relevant consignment note or otherwise agreed in writing.
  2. We are entitled to inspect the Goods at any time in order to determine either their nature or condition or to determine their ownership or destination where any consignment note or identifying document or mark is lost, damaged, destroyed or defaced and We are entitled, for those purposes, to open any document wrapping package or other container in which the Goods are placed or carried.
  3. In the event that Our driver is not provided with access or opportunity to inspect the Goods at the point of collection, Our liability shall be limited to the manufactured cost of Goods relating to damages that are proven, upon investigation via Our claims policy, to be the result of incorrect temperature setting of the equipment utilised during transportation.
  4. We may in Our absolute discretion engage a Sub-contractor to perform all or part of the Carriage Services.
  5. We will deliver Goods at the address given by You for delivery. If delivery cannot be made at that address during normal trading hours then You will be liable to Us for the reasonable cost and expense of any storage and further delivery attempts.
  6. We reserve the right to vary the Rate Table from time to time and to introduce new fees or charges (including but not limited to demurrage, excess turnaround time, loading, unloading or waiting times and futile charges) at Our discretion, but any changes will not apply to You until We have provided reasonable notice to You. Your subsequent request for Us to provide Carriage Services will constitute Your acceptance of Our current Rate Table
  7. We reserve the right to make an additional charge for every call made or for the amount of time of any delay until delivery is effected should the consignee named in the consignment note not be in attendance during trading hours or at the time specified, or if We arrive to effect delivery at the consignee's premises and We are delayed in effecting prompt delivery at the said premises for any reason whatsoever outside Our control.

4. Your Rights & Obligations

  1. Our agreement with You is divisible. Each time We provide the Carriage Services to You in accordance with a consignment note or as otherwise agreed in writing, We will be deemed to do so under a separate contract and You will be separately charged. In consideration for the provision of Carriage Services, You agree to pay Us the rates for the Carriage Services as specified in the Rate Table.
  2. We are entitled to Our fees and charges for the Carriage Services as soon as the Goods are collected for carriage. We may issue You an invoice for the Carriage Services at any time including but not limited to at the time the Goods are collected by Us, after the Goods are collected by Us or after the Carriage Services for the Goods are completed by Us. You agree to pay all charges for the Carriage Services in full within fourteen (14) days of the date the invoice is issued by Us. Each invoice for Carriage Services must be paid in full without reference to and despite any defect or default in any other Carriage Services or any other services We provide under any other terms and conditions document.
  3. You agree that when the Goods are accepted by Us for Carriage Services, the Goods are subject to both a storer’s lien and general lien to Our benefit as security for payment of any money owed by You to Us. You acknowledge that We may but are not obliged to register such liens on the Personal Properties Securities Register.
  4. You agree that if You fail to pay any moneys (including but not limited to Our charges for Carriage Services) on the payment terms extended to You, We will be entitled to:
    1. charge interest on such outstanding moneys at ten per cent (10%) per annum compounding daily calculated from the due date for payment of such outstanding moneys until payment of such money is received by Us in full; and
    2. exercise a lien over the Goods and detain or sell all or any of the Goods which are in Our possession and retain from the sale proceeds the amount of Our unpaid charges and all costs of the detention and sale.
  5. You agree that We may charge freight by the greater of weight, pallet space, cubic measurement or value in accordance with the Rate Table.
  6. You agree to pay a fuel surcharge as set out in the Rate Table.
  7. You will be responsible for the provision of labour to load or unload any carrying vehicle. When We are, without prior arrangement with You, called upon to load or unload Goods We shall be under no liability whatsoever to You or other owner of the Goods for any damage whatever, however, caused, arising out of such loading or unloading and You shall indemnify Us in respect of all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatever and howsoever arising in connection with Our loading or unloading of the Goods.
  8. You agree that You have fully, accurately and adequately described the Goods on the consignment note.
  9. We will use reasonable endeavors to arrange for a Proof of Delivery of the Goods. You agree that We are not obliged to provide a Proof of Delivery, You have no right to demand a Proof of Delivery and We are not liable to You for failing to provide a Proof of Delivery. You agree that You will not withhold payment of any invoice if We do not provide a Proof of Delivery.
  10. You agree that You have complied with all applicable laws (including the Chain of Responsibility Laws and where necessary the Australian Code for the Transport of Dangerous Goods by Road and Rail, Air Navigation Orders Pt 33 and the International Maritime Dangerous Goods Code) relating to the notification, description (on the consignment note or separately) consigning and packaging of the Goods.
  11. You agree that Our expenses and charges in complying with any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs warehouse or other authority or company shall be paid by You and You agree to pay any additional charges on such Goods if such charges are incurred by Us.
  12. You authorise Us to deviate from Your chosen mode or route of carriage of the Goods if We consider it to be reasonably necessary.
  13. You agree that the description, quantity and value of the Goods shown in the consignment note or the quotation relating to the Goods (as the case may be) were represented to Us by the consignor and We do not admit to the accuracy thereof and shall require, in the case of any claim, proof thereof. The consignor or other party who may claim against Us shall retain the relevant evidence thereof and shall bear the burden of proof in respect thereof.
  14. You shall not tender for carriage any Dangerous Goods whatsoever. You shall be liable for all claims, entitlements, penalties, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury caused by the tender of carriage of any Dangerous Goods and the Dangerous Goods may be destroyed or otherwise dealt with at Our absolute discretion.
  15. You warrant that You are either the owner or 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.
  16. You warrant that You have properly described the nature, size and weight of the Goods and correctly noted the number of items and accurately labelled the Goods.
  17. You warrant to Us that You are not a Small Business.

5. Liability

  1. We shall not be liable in tort or in contract or otherwise howsoever for:
    1. Any loss, damage, cost or expense incurred as a result of non-delivery or missed-delivery of the Goods or any part thereof;
    2. Any loss, damage, cost or expense incurred as a result of delay in the delivery of the Goods or any part thereof;
    3. Any loss, damage, cost or expense incurred as a result of damage to the Goods or any part thereof ;
    4. Any loss, damage, cost or expense incurred as a result of Us not being able to inspect the Goods at the point of collection;
    5. Any loss, damage, cost or expense incurred as a result of the deterioration of chilled, frozen, refrigerated or perishable Goods; or
    6. Any loss, damage, cost or expense incurred after movement and/or transit has ceased,

       

      except in so far as such loss or damage is solely caused directly by Our misconduct, negligence or a breach of these Terms & Conditions.

       

  2. If We incur liability under sub-clause 5a, Our liability shall not exceed the manufactured cost of the Goods reduced by the amount or to the extent of Your misconduct, negligence or breach of these Terms & Conditions. You must mitigate any loss, damage, cost or expense incurred in relation to the Goods or Carriage Services including but not limited to taking reasonable steps to salvage any Goods.
  3. Our liability under sub-clause 5.a shall not under any circumstances include loss, damage, cost or expense which is consequential or not direct or does not flow naturally from the relevant breach of these Terms & Conditions even if at the time We and You agreed to these Terms & Conditions the loss, damage, cost or expense may reasonably be supposed to have been contemplated by both Us and You as a probable result of the breach. For the avoidance of doubt, loss which is not direct shall include loss of revenue, loss of sales, damages for breach of contract with third parties, legal costs, expenses, the cost of replacement Goods, the cost and expense of the provision of replacement or alternate services and the cost of destruction, dumping or disposal of Goods.

6. Indemnity

You shall indemnify Us and hold Us harmless from and against:

  1. all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury arising out of:
    1. any error, omission, misstatement or misrepresentation by You or any other owner of the Goods;
    2. insufficient or improper packaging, labeling or addressing of the Goods;
    3. fraud;
    4. Your failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods;
    5. Your failure to comply with the Chain of Responsibility Laws;
    6. Your failure to notify Us of any facts or circumstances which come to Your attention which may give rise to a breach of any laws including but not limited to the Chain of Responsibility Laws in connection with the Carriage Services;
    7. Your failure to notify Us of any potential liabilities or dangers associated with the Goods;
    8. carriage by Us of Dangerous Goods whether or not such Goods are or were declared by You as Dangerous Goods; and
    9. any act, omission, negligence, recklessness by You or any of Your representatives, employees or agents; and
    10. any breach by You or any of Your representatives, employees or agents of these Terms & Conditions;
  2. all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatsoever by whoever made in excess of Our liability under these Terms & Conditions or arising out of Our engagement of a Sub-contractor;
  3. all customs duty, excise duty, taxes and costs which We become liable to pay or which are payable in respect of any Goods.

7. Claims Policy

    1. We must be notified of any circumstances that might give rise to a claim within 48 hours of the scheduled delivery time by emailing claims@scottsrl.com.au (Notification)
    2. You must tell Us whether the Goods are to be returned, disposed of or donated. You agree to bear the reasonable costs of disposal or donation. If You fail to comply with this clause, We will decide whether the Goods will be disposed of or donated and You agree to pay all costs of disposal or donation plus transport charges and fees. You must take all reasonable steps to minimise any further loss or damage.
    3. If You request that the Goods be returned to You, We will only bear the reasonable costs of returning the Goods to You if We accept a claim in accordance with this clause 7. In any other event, You agree to bear the reasonable costs of returning the Goods to You.
    4. We must receive a properly completed Claim Form for loss or damage within seven (7) days of the scheduled delivery day.
    5. Subject to You complying with this clause 7, We will act reasonably when determining any claim. If We accept a claim, We will issue a credit note in the amount of the claim.
    6. If We do not receive a properly completed Claim Form including any supporting documentation which is reasonably necessary or You have not complied with this clause 7, You acknowledge and agree that We have the absolute discretion to refuse such claim.
    7. For the avoidance of doubt, You are not entitled to withhold payment or apply a set-off, counterclaim, deduction or withholding in respect of any claimed amount, disputed amount or disputed invoice.
    8. Any legal proceedings must be commenced against Us within six (6) months of the date of the completion of the Carriage Services or the date upon which the Carriage Services should have been completed, failing which We are discharged from any liability.
    9. If We accept liability including under sub-clause 5.a, Our liability shall not exceed the manufactured cost of the Goods reduced by the amount or to the extent of Your misconduct, negligence or breach of these Terms & Conditions. You must mitigate any loss, damage, cost or expense incurred in relation to the Goods or Carriage Services including but not limited to taking reasonable steps to salvage any Goods.
    10. We will not be liable for any liability in respect of Goods in relation to which matching signed receipts of delivery and collection exist.

8. Pallets

  1. We will not accept transfer to our CHEP or Loscam pallet accounts of wooden pallets or any other pooled or hired equipment used for carriage of Goods unless there is agreement between Us and You and such agreement is documented in the Pallet Process Agreement. We will not be liable for any costs, loss or damage caused by or incurred by You arising from Your failure to comply with the Pallet Process Agreement.
  2. We will not provide empty pallets to exchange on pickup or accept empty pallets on delivery of goods, unless expressly agreed and documented in the Pallet Process Agreement.

9. Governing Law

    1. These Terms & Conditions and any contract incorporating these Terms & Conditions made by Us shall be governed by and construed in accordance with the law of the state of New South Wales irrespective of where the contract is made or is deemed to be made.
    2. Any action including, without limitation, summons, application, statement of claim, statutory demand or other legal process in respect of any matter or thing against Us shall be instituted and carried on only in the appropriate court in the state of New South Wales.

10. Conditions to have full force in all circumstances

All rights, immunities and limitations of liability in these Terms & Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any of these conditions by Us.

11. Insurance

You agree that that We are not obliged to insure the Goods and You will take out and maintain appropriate insurance in respect of any Goods.

12. Severability

Each and every right, immunity, limitation of liability, covenant, obligation and restriction and each and every part thereof contained in these conditions of carriage shall be deemed to be severable and an independent right, immunity, limitation of liability, covenant, obligation and restriction. If the provisions or part of any provision in these conditions of carriage is held by a Court of competent jurisdiction to be void, invalid or otherwise unenforceable, then such provision or part thereof shall be deemed eliminated or modified to the extent which, in the Court’s opinion, it is necessary to make the remainder of the clause enforceable.

13. Consumer Legislation

To the extent that any Law granting unfair contract terms protections to consumers or Small Business applies to these Terms & Conditions, if:

  1. such Law would otherwise make a provision of these Terms & Conditions illegal, void or unenforceable; or
  2. a provision of these Terms & Conditions would otherwise contravene a requirement of such Law or impose an obligation or liability which is prohibited by such Law,

the Terms & Conditions are to be read as if that provision were varied to the extent necessary to comply with such Law or, if necessary omitted.

Click here to download the Terms & Conditions of Carriage and Pallet Process Agreement.

Storage

1. Definitions

‘’You and Your" means the person or company requesting Storage Services.

"We, Our and Us" means Scott’s Refrigerated Logistics and any business operated by the company and each of their employees and agents.

Scott's Refrigerated Logistics means Scott’s Refrigerated Logistics Pty Ltd (ACN 009 180 983) atf the ScottsRL Unit Trust, Scott’s Refrigerated Freightways Pty Ltd (ACN 162 034 326), Scott’s Refrigerated Logistics (Qld) Pty Ltd (ACN 148 136 270) and their affiliates and subsidiaries.

"Goods" means the goods for which We are requested by You to provide Storage Services and includes any items or food or liquid, packaging, container or pallet in or on which the goods are packed. 

"Storage Services” means the entire service We are requested to provide in relation to the Goods including but not limited to receiving, handling, managing, locating, selecting, and storing Goods but not including Carriage Services.

Pallet Process Agreement” means a document provided by Us to You setting out a pallet transfer and control process agreed by Us and You including but not limited to agreement to accept pallet transfers, imposition of transfer delay days and arrangements to avoid or resolve any matters We may encounter when transferring or attempting to transfer pallets to a carrier, consignee, receiver or organisation that is not a party to these Terms & Conditions but is appointed by You for carriage of Goods to or from Our cold storage facilities.

"Sub-contractor" means any person or company We arrange to provide Storage Services for the Goods and their employees, agents and sub-contractors.

Dangerous Goods” means any explosive, flammable or otherwise dangerous or damaging Goods including but not limited to any explosive, inflammable or otherwise dangerous (as classified in the Australian Dangerous Goods Code).

"Chain of Responsibility Laws" means all chain of responsibility laws operating in Australia, as amended from time to time (including the HVNL) and any related codes of practice, standards, notices and directions issued by any relevant authority or industry body (including the National Heavy Vehicle Regulator and NSW RMS) applicable in the jurisdiction or jurisdictions in which We have a base of operations or are operating a relevant vehicle in performance of its obligations under these Terms & Conditions.

"HVNL" means the Heavy Vehicle National Law 2013 (NSW) as adopted in each State or Territory in Australia in which We have a base of operations or are operating a relevant vehicle.

"Carriage Services" means loading, carriage, unloading, cross docking and storage incidental to the ordinary transit of the Goods.

Small Business” means a business that employs less than 20 people, including casual employees employed on a regular and systematic basis.

"Rate Table" means Our current rate table (as amended from time to time) which is available upon request by You.

"Terms & Conditions" means the current terms & conditions (as amended from time to time) published on Our website.

"Delivery Instruction” means an instruction from You in the form deemed acceptable to us from time to time directing Us to make the Goods available for collection or deliver the Goods (or part thereof) to a specified address or a specified person or entity authorised by You to collect such Goods.

2. General

  1. We are not a common carrier and will not accept liability as such.
  2. Unless expressly stated otherwise, these Terms & Conditions comprise the entirety of the agreement between You and Us. These Terms & Conditions may only be varied by written agreement which is to be signed by a person authorised to do so on Our behalf and signed by a person authorised to do so on Your behalf.
  3. You agree to be bound by these Terms & Conditions and any express or implied condition, statement, or warranty, statutory or otherwise, not stated in these Terms & Conditions, is hereby excluded to the extent permitted by law. 
  4. You acknowledge and agree that the Terms & Conditions may be amended by Us from time to time without notice. The current version of the Terms & Conditions will be published on Our website. Your subsequent request for Us to provide Storage Services will constitute Your acceptance of Our current Terms & Conditions.
  5. We reserve the right to vary the Rate Table from time to time, but any changes will not apply to You until We have provided reasonable notice to You. Your subsequent request for Us to provide Storage Services will constitute Your acceptance of Our current Rate Table.

3. Our Rights & Obligations

  1. We reserve the right to accept or refuse to provide Storage Services to You at Our sole and absolute discretion, without giving any reason for so doing.
  2. Subject at all times to the application of these Terms & Conditions, We will provide Storage Services with respect to the Goods as noted on the relevant request form or otherwise agreed in writing.
  3. We are entitled to inspect the Goods at any time in order to determine either their nature or condition or to determine their ownership and We are entitled, for those purposes, to open any document, wrapping package or other container in which the Goods are placed or carried.
  4. We may in Our absolute discretion engage a Sub-contractor to perform all or part of the Storage Services.
  5. If You request us to store the Goods at a particular temperature, We reserve the right in Our absolute discretion to accept such request. If We 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 We 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 that You will enter into a Pallet Process Agreement.
  7. We are entitled to Our fees and charges for the Storage Services as soon as the Goods are collected, received or commissioned to us for Storage Services. We may issue You an invoice for the Storage Services at any time including but not limited to at the time the Goods are, received or commissioned to Us, after the Goods are collected by Us or after the Storage Services are completed by Us. You agree to pay all charges for the Storage Services in full within fourteen (14) days of the date the invoice is issued by Us. Each invoice for Storage Services must be paid in full without reference to and despite any defect or default in any other Storage Services We provide.
  8. You agree that We may charge by weight, measurement or value, pallet position, handling or suchlike and other associated services as requested to provide in accordance with the Rate Table and may reweigh, remeasure or revalue Goods at any time and charge an additional proportional amount if previously under charged.
  9. You agree that when the Goods are accepted by Us for Storage Services, the Goods are subject to both a storer’s lien and general lien to Our benefit as security for payment of any money owed by You to Us. You acknowledge that We may but are not obliged to register such liens on the Personal Properties Securities Register.
  10. Without limitation to any other remedies available to Us, if You or any of Your representatives, employees or agents breach any of these Terms & Conditions, We shall be entitled to:
    1. immediately stop providing the Storage Services;
    2. request immediate collection by You of the Goods; and/or
    3. remove and dispose of the Goods at Your sole expense.

4. You Warrant That

  1. You are either the owner or 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.
  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. 
  3. You will not request storage of Dangerous Goods or damaged Goods without providing a full description of the Goods.
  4. You authorise any deviation or variation from the usual method of Storage Services which We may consider at our absolute discretion to be reasonable or necessary.
  5. You agree that if You fail to pay any moneys (including but not limited to Our charges for Storage Services) on the payment terms extended to You, We will be entitled to at Our sole discretion to exercise a lien over the Goods and detain or sell all or any of the Goods which are in Our possession and retain from the sale proceeds the amount of Our unpaid charges and all costs of the detention and sale.
  6. You acknowledge that We have made no warranty to You and You have not relied on any representation or warranty made by Us in relation to the Storage Services except as specifically provided in these Terms & Conditions.
  7. You agree that We have relied on the details provided to Us of the description, items, number of pallets, quantity, value and measurement of the Goods received into cold storage but We do not admit their accuracy, nor the condition of the Goods when received.
  8. You agree that if Goods are tallied by Us on receipt into cold storage or when made available for delivery from cold storage, that tally will be conclusive evidence of the quantity of Goods received and made available for collection.
  9. You are not a Small Business.
  10. You will comply with Our reasonable directions, all applicable Laws and Our policies.   

5. Liability, Insurance and Indemnity

  1. You acknowledge that despite all reasonable care and intention on the part of Us, damage or loss of Goods can sometimes occur through Us providing Storage Services.
  2. We shall not be liable in tort or in contract or otherwise howsoever for:
    1. any loss, damage, cost or expense incurred as a result of non-collection, missed-collection, non-delivery or missed-delivery of the Goods or any part thereof
    2. any loss, damage, cost or expense incurred as a result of collection or delay in the delivery of the Goods or any part thereof;
    3. any loss, damage, cost or expense incurred as a result of damage to the Goods or any part thereof;
    4. any loss, damage, cost or expense incurred as a result of Us not being able to inspect the Goods at the point of collection;
    5. any injury, damage or loss suffered or caused by or contributed to by chilling, freezing or storage of the Goods, or being stored at incorrect temperatures, or sweating, evaporation, leakage, breakage, shrinkage, deterioration, fermentation, wasting, decay, putrefaction, contamination, vermin, storms, natural disaster, tempest, flood, fire, water, loss of power, industrial action, strikes, lockouts, shortage of labour, defects in or breakdown of plant machinery or premises or proximity to or contact with any other goods stored by Us;
    6. any variations in temperature or any other damage caused by any combination of the above circumstances; or any other loss or damage suffered by You or any third person, howsoever caused or arising;
    7. any loss, damage, cost or expense incurred as a result of any non-compliance with a Delivery Instruction; and
    8. any loss, damage, cost or expense incurred after movement and/or transit or storage has ceased,

       

      except in so far as such loss or damage is solely caused directly by Our misconduct, negligence or a breach of these Terms & Conditions. 

       

  3. If We incur liability under sub-clause 5b, Our liability shall not exceed the manufactured cost of the Goods reduced by the amount or to the extent caused or contributed to by Your misconduct, negligence or breach of these Terms & Conditions. You must mitigate any loss, damage, cost or expense incurred in relation to the Goods or Storage Services including but not limited to taking reasonable steps to salvage any Goods.
  4. In the event that there are any obligations imposed on Us by any relevant legislation or rights are conferred upon the You or any other person by that legislation, which cannot be excluded, restricted or modified then the provisions of clause 5b shall be read subject to those obligations or rights provided that You expressly limit its liability under any such relevant legislation to the maximum extent permitted by law. 
  5. You shall indemnify Us and hold Us harmless from and against:
    1. all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury arising out of:
      1. any error, omission, misstatement or misrepresentation by You or any other owner of the Goods;
      2. insufficient or improper packaging, labelling or addressing of the Goods;
      3. fraud;
      4. Your failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods;
      5. Your failure to comply with the Chain of Responsibility Laws;
      6. Your failure to notify Us of any facts or circumstances which come to Your attention which may give rise to a breach of any laws including but not limited to the Chain of Responsibility Laws in connection with the Carriage Services;
      7. Your failure to notify Us of any potential liabilities or dangers associated with the Goods;
      8. any act, omission, negligence, recklessness by You or any of Your representatives, employees or agents; and
      9. any breach by You or any of Your representatives, employees or agents of these Terms & Conditions;
    2. all claims, entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury whatsoever by whoever made in excess of Our liability under these Terms & Conditions or arising out of Our engagement of a Sub-contractor;
    3. all entitlements, suits, causes of action, debts, dues, damages, expenses, demands, consequences, loss or injury suffered by and claims made against Us in consequence of loss of or damage to property caused by or arising out of Us providing Storage Services in respect of Dangerous Goods whether or not such Goods are or were declared by You as Dangerous Goods; and
    4. all customs duty, excise duty and costs which We become liable to pay or which are payable in respect of any Goods.
  6. Notwithstanding any provisions of clause 5b, no claim for loss or damage whatsoever can be made against Us unless You have provided Us with written notification of any circumstance that might give rise to a claim within 48 hours of the occurrence, and submitted to Us a written account of the incident on an official claim form within seven (7) days after the incident. An official claim form is available from nationalcustomersupport@scottsrl.com.au
  7. For the avoidance of doubt, You are not entitled to withhold payment or apply a set-off, counterclaim, deduction or withholding in respect of any claimed amount, disputed amount or disputed invoice.
  8. You acknowledge and agree that We will not arrange insurance cover for the Goods and You agree that You will take out and maintain appropriate insurance in respect of the Goods.
  9. Any legal proceedings must be commenced against Us within six (6) months of the date of the completion of the Storage Services or the date upon which the Storage Services should have been completed, (whichever comes first) failing which We are discharged from any liability.

6. Pallets

  1. We will not accept transfer to our CHEP or Loscam pallet accounts of wooden pallets or any other pooled or hired equipment used for storage or carriage of the Goods unless there is agreement between Us and You and such agreement is documented in the Pallet Process Agreement. We will not be liable for any costs, loss or damage caused by or incurred by You arising from Your failure to comply with the Pallet Process Agreement.
  2. We will not provide empty pallets in exchange on receipt of or delivery of Goods to Us or accept empty pallets in exchange on collection of Goods from Us whether by You or any carrier, consignee, receiver or organisation appointed by you to do so, unless expressly agreed and documented in the Pallet Process Agreement.

7. Governing Law

  1. These Terms & Conditions and any contract incorporating these Terms & Conditions made by Us shall be governed by and construed in accordance with the law of the state of New South Wales irrespective of where the contract is made or is deemed to be made.
  2. Any action including, without limitation, summons, application, statement of claim, statutory demand or other legal process in respect of any matter or thing against Us shall be instituted and carried on only in the appropriate court in the state of New South Wales.

8. Conditions to have full force in all circumstances

All rights, immunities and limitations of liability in these Terms & Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any of these Terms & Conditions by Us.

9. Severability

Each and every right, immunity, limitation of liability, covenant, obligation and restriction and each and every part thereof contained in these Terms & Conditions shall be deemed to be severable and an independent right, immunity, limitation of liability, covenant, obligation and restriction. If the provisions or part of any provision in these Terms & Conditions is held by a Court of competent jurisdiction to be void, invalid or otherwise unenforceable, then such provision or part thereof shall be deemed eliminated or modified to the extent which, in the Court’s opinion, it is necessary to make the remainder of the clause enforceable.

10. Consumer Legislation

To the extent that any Law granting unfair contract terms protections to consumers or Small Business applies to these Terms & Conditions, if:

  1. such Law would otherwise make a provision of these Terms & Conditions illegal, void or unenforceable; or
  2. a provision of these Terms & Conditions would otherwise contravene a requirement of such Law or impose an obligation or liability which is prohibited by such Law,

the Terms & Conditions are to be read as if that provision were varied to the extent necessary to comply with such Law or, if necessary omitted.

Click here to download the Terms & Conditions of Storage and Pallet Process Agreement