Consignment Note Terms & Conditions
By requesting BIRDON to supply services or delivering Goods to BIRDON, the Customer agrees that the supply of all services shall be subject to these Conditions.
Any and all goods and services supplied by BIRDON are supplied subject to these Conditions. No person has the authority of BIRDON to accept Goods for carriage, or agree to supply services, other than pursuant to these Conditions or to waive or vary these Conditions.
BIRDON rejects any alternative terms proposed by the Customer.
Definitions
In these Conditions, and on the front of this Consignment Note, unless the context indicates otherwise:
BIRDON means Birdon Pty Ltd (ACN 002 810 255), Birdon Holdings Pty Ltd (ACN001 449 798) and their employees, servants, subsidiaries and associated entities.
Conditions means these Consignment Note Terms & Conditions
Customer means any party at whose request or on whose behalf BIRDON provides any Services, who may be the shipper, consignor, the receiver, the consignee, the owner of the Goods, the bailor of the Goods, or the entity/person acting on behalf of such party.
Dangerous Goods means such of the Goods as are, or become, in fact or at Law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any person or animals or to anything in which Goods are carried, handled or stored.
Goods means the chattels, articles, goods, products or things tendered by the Customer for carriage, storage, bailment or other Services and includes the container or containers, unit load devices or other packaging containing the same and any other pallet or pallets delivered with the same to BIRDON.
GST means the goods and services tax imposed by or under a GST Law.
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act (Cth) 1999.
Law means law means common law, principles of equity, and laws, by-laws made by parliament or authorised government authority including State, Territory and Commonwealth, local government laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them.
Perishable Goods means such of the Goods as are, in fact or Law, liable to deteriorate in quality and/or value and includes fruits, vegetables, dairy products and meats.
PPSA means the Personal Property Securities Act 2009 (Cth).
Service means the carriage, transport, movement, storage, consolidation, stowage, loading, discharge, delivery, customs clearance and/or any other service performed or arranged by BIRDON or its Subcontractors.
(a) Subcontractor includes any person, firm or company with whom BIRDON may arrange to affect any Services in respect of the Goods and any subcontractor of 2 such entity, and any person firm or company (other than Birdon) who performs the Services Supply means the same as in the GST Law.
Taxable Supply has the meaning given to it in Clause 18 of these Conditions.
Valuables means bullion, coins, precious stones, jewellery, antiques or works of art.
Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate. Words such as ‘including’, ‘such as’ and similar expressions are not words of limitation
BIRDON is not a Common Carrier
(a) BIRDON is not a common carrier, does not accept the obligations or liability of a common carrier and reserves the right to refuse at its sole discretion to provide any Services or carry any goods.
(a) BIRDON is not a common carrier, does not accept the obligations or liability of a common carrier and reserves the right to refuse at its sole discretion to provide any Services or carry any goods.