In these Terms and Conditions of Carriage:
a) “Authority to Leave” is the directive granted to the Carrier by the Consignor to leave the Goods unattended in a safe place at the delivery location if the Consignee is unable to physically accept the Goods and the proof of delivery will be duly noted “ATL” or “Authority to Leave”. If the representative of the Carrier considers the location not to be a safe place to leave the Goods, then the Carrier at its sole discretion and at the Consignor’s expense will return the Goods to our nearest depot or Agent depot to arrange an alternate means to deliver the Goods safely. Any re-direction, re-delivery or return will incur a Miscellaneous Charge along with the delivery charge at the Consignor’s expense.
b) “Business Hours” means 8:00am to 5:00pm Monday to Friday except on days that are deemed a Public Holiday in the relevant State or Territory, where an action is to be performed as specified in these Terms and Conditions of Carriage.
c) “Carrier” shall mean DOT Express Pty Ltd ABN 41 151 125 683 trading as DOT Express and shall include any employees or servants, officers, agents and subcontractors and any subcontractors of any subcontractors or agent of the Carrier.
d) “Carriage” means the services or operations undertaken by the Carrier in respect of the Goods in whole or in part, including but not limited to the transportation and storage of Goods.
e) “Collection Address” means the address on the Consignment Note from which the Goods must be collected by the Carrier for the Consignor.
f) “Consignment Note” accurately describes the detail of the Goods under Carriage and can be nominated to the Carrier either in data transfer or by writing in the space provided on a paper hardcopy from the Consignor to the Carrier. Each Consignment Note is unique to the Consignor and includes a number that may consist of an alpha-numeric prefix, Consignor account number, Collection Address and Delivery Address, dead weight in kilograms, cubic displacement in metres, item description, number of items, any special instructions and the name, nature, value of the Goods and whether they be Dangerous Goods or flammable, volatile, explosive, hazardous, poisonous, infectious, radioactive or noxious nature or capable of causing harm, injury or damage to other Goods, or to any other person or environment or to any property, vehicle, aircraft or vessel or any other means of storage and transport of any kind whatsoever in which the Goods are stored and transported.
g) “Consignor” is the “Customer” and shall mean the Party entering into the Terms and Conditions of Carriage with the Carrier, being either the owner of the goods, the person, organisation, business, local authority, government agency, customer or their authorised agent who consigns Goods to the Carrier for the Carriage of those Goods from the Collection Address to the Delivery Address.
h) “Consignee” means the receiver at the Delivery Address.
i) “Dangerous Goods” are those Goods determined to be dangerous or of hazardous or radioactive nature but not limited to goods that are or may become flammable, volatile, explosive, hazardous, poisonous, infectious, radioactive or of noxious nature or capable of causing harm, injury or damage to other Goods, or to any other person or environment or to any property, vehicle, aircraft or vessel or any other means of storage and transport of any kind whatsoever in which the Goods are stored and transported, whether the Consignor was aware of the dangerous goods content or nature of the hazardous material or not and includes Goods forbidden or restricted from time to time by
j) the Australian Code for the Transport of Dangerous Goods by Road and Rail Regulation
k) the Civil Aviation Authority
l) the IATA Dangerous Goods Regulations
m) any applicable law, regulation or regulatory body requirement of a country through which the Goods have carriage
n) “Delivery Address” means the address on the Consignment Note to which the Goods must be delivered by the Carrier for the Consignor to the Consignee.
o) “EFT” means electronic fund transfer payment by the Consignor to the Carrier for Carriage provided.
p) “Goods” means the freight accepted from the Consignor together with the packaging or pallet supplied by or on behalf of the Consignor for Carriage.
q) "GST" shall mean the goods and services tax imposed by or under a GST Law that has a defined meaning in A New Tax System (Goods and Services Tax Act) 1999 (the Act) providing the administrative framework for the goods and services tax (GST) law
r) "GST Law" shall mean the same as in the A New Tax System (Goods and Services Tax) Act (Cth) 1999.
s) "GST Rate" shall mean the rate of GST under the GST Law.
t) “Miscellaneous Charge” refers to any accessorial or additional expenses or delay incurred by no fault of the Carrier outside the specified transport service chosen by the Consignor or the agreed terms of Carriage. This includes but is not limited to the additional service required such as any delivery that is not to kerbside or loading dock and may include re-delivery, re-direct, out of hours delivery, direct drive, tailgate, hand-unload, residential or demurrage. A Miscellaneous Charge also encompass the supply of packaging when freight is not considered appropriate for Australian transport and may include cartons, pallets and stretch wrap or additional labour, equipment, service or re-deployment of equipment if a customer is not available at the Collection Address or Delivery Address during normal business hours when any return or delivery is attempted or subject to product disposition.
u) “Party” means the Consignor or Consignee and any person, organisation, business, local authority, government agency, customer or their authorised agent who consigns Goods to the Carrier for Carriage on behalf of the Consignor.
v) “Quoted Rates” mean specially quoted rates created for the Consignor that were determined from the freight profile or freight data or invoices from the Consignor described to be a representative sample of the daily consignments despatched. All Quoted Rates will be calculated at the Industry standard cubic displacement factor of 250kgs/m3
w) “Subcontractor” shall include any person or transport company who pursuant to a contract or arrangement with any other person (whether or not the Carrier) performs or agrees to perform the Carriage or any part thereof.
x) "Taxable Supply" has the meaning given to it in Clause 47 of these terms and conditions.