25. Carriage charges will be determined by the quoted rates supplied by the Carrier to the Consignor. The Carrier will charge the account of the Consignor in accordance with the electronic data supplied by the Consignor or validated from the Consignee. If for any reason the Carrier fails to receive data for the Goods, the Carrier reserves the right to apply whatever means it has to physically check the weight, cubic displacement and value of the Goods to its best ability.
26. The Carrier will charge the greater of the declared dead weight, cubic displacement or value of Goods declared by the Consignor as the Carriage charge to the Consignment Note. When calculating the Carriage charges, the Carrier will round up to the next whole kilogram the deadweight in kilograms or cubic displacement converted to displacement kilograms.
27. The Carrier will apply Carriage charges to the Consignment Note by reference to the declared dead weight, cubic displacement or value of Goods declared by the Consignor. The Carrier may use the Consignor’s declared dead weight, cubic displacement or value of Goods to determine the Carriage charges but reserves the right, at its discretion, to re-weigh, re-cube or re-value the Goods to determine the Carriage charges for the Goods.
28. If the Consignor does not provide a declared dead weight, cubic displacement or value of Goods, the Carrier at its discretion may determine the total dead weight, total cubic displacement or total value of Goods to be used in determining the Carriage charges or the Carrier may communicate with the Collection Address to determine an estimate for the dead weight, cubic displacement or value of Goods. These Goods in turn will be subject to review and re-weigh, re-cube or re-value the Goods by the Carrier before the Goods are presented to the Delivery Address.
29. Accessorial Charges will apply to Carriage requirements outside the quoted rates for the services provided and any rates not quoted will be charged at the national rate code schedule. In case of demurrage delays, the Carrier will apply Accessorial Charges to the Consignor for delays caused by no fault of the Carrier in excess of thirty (30) minutes in unloading or loading the Goods.
30. Carriage charges will be paid by the Consignor to the Carrier by EFT, credit card or cheque, or as agreed, all sums immediately when due without any reduction or time delay on payment due to any unresolved claim or counterclaim.
31. Carriage charges are earned by the Carrier as soon as Goods are collected and loaded from the Collection Address or accepted for storage and the Consignor must within 7 (seven) days from the date of the invoice issued by the Carrier pay all charges, irrespective of whether the goods are delivered or not and whether damaged or not. Carriage charges paid shall be absolutely non-refundable.
32. The Carrier is not liable or bound by any instructions to collect cash or any other payment on delivery.
33. The Carrier will not refund any payment for freight and charges under any circumstances.
34. When the Carrier is instructed to collect Goods, duties, charges or other expenses from any third Party or person other than the Consignor and in the event that the third Party or person does not pay the Carriage amounts to the Carrier within seven (7) days, the Consignor shall remain responsible for the amounts and shall pay these amounts to the Carrier within seven (7) days after the invoice has been issued by the Carrier to the Consignor.
35. If the Carrier becomes liable to pay any duties, excises and or costs charged by any governmental, non-governmental or administrative authority for the Goods, then the Consignor must reimburse the Carrier by demand for any duties, excises and or costs paid by the Carrier.
36. On all accounts overdue by the Consignor within seven (7) days from the date of invoice issued by the Carrier, the Carrier shall be entitled to charge interest calculated at a rate that is four percent (4%) above the highest overdraft rate as at the due date of payment charged by the Carriers Financial Institution for commercial loans in excess of one hundred and fifty thousand dollars ($150,000).
37. If on demand any Consignor fails to pay Carriage charges due to the Carrier in respect of any service rendered by the Carrier for a period of fourteen (14) days from the date of invoice by the Carrier to the Consignor, the Carrier shall have a lien over the Goods in possession of the Consignor, and without notice to the Consignor, may sell all or any part of the Goods by public auction or private treaty without notice to the Consignor.
38. If the Consignor should for any reason
a) as a company pass resolution for winding up or have a summons to wind up issued against it; or
b)become subject to any form of external administration; or
c) enter into an arrangement regarding external payment with any of its creditors;
all monies outstanding to the Carrier shall become payable immediately.
39. Quoted rates presented by the Carrier to the Consignor are undertaken based on an agreed minimum monthly expenditure. The quotation tendered may be withdrawn or re-negotiated if the invoiced monthly amount is less than the agreed minimum monthly expenditure.