Special Conditions of Carriage
- The Consignor has been authorised by the owner of the goods to agree to these conditions.
- Kwik Pty Ltd (hereinafter referred to as “the Carrier”, which expression will include its servants and subcontractors), is not a common carrier and will accept no liability as such. All goods or other services performed shall be subject only to these conditions of carriage and the Carrier reserves the right to accept or refuse the carriage of any class of goods at its discretion.
- The Consignor or his authorised agent shall not tender for carriage any explosive inflammable or otherwise dangerous or damaging goods without presenting a full description of these goods and in default of so doing shall be liable for all loss and damage caused thereby.
- Freight shall be considered earned whether the goods are delivered to the Consignee or not and whether damaged or otherwise. Under no circumstances will any payment of freight be refunded.
- The Carrier may arrange with any other person or company to undertake the carriage of goods hereby contracted for and such person or company it’s servants agents and employees shall be entitled to the benefit of these conditions to the same extent as the Carrier.
- The Consignor will be and will remain responsible to the Carrier for all its proper charges. The contract shall be deemed to be made at the point of despatch where all charges shall be paid free of exchange.
- All charges are subject to surcharge or discount from time to time without notice, as authorised by the Commissioner of Transport.
- The Consignor or owner of the goods must accept responsibility for any loss or depreciation of or damage to any goods whilst in the Carrier’s custody during storage or in transit by road, rail, steamship, air freighting or other means due to civil commotion, Acts of God, Government Intervention, war, strikes, seizure under legal process, mechanical breakdown, accident, misadventure, fire, flood, or water.
- Goods received for storage or other services are subject to a particular lien in favour of the carrier which shall become and remain effective in respect of such goods until all charges incurred in respect of such services are paid in full by the Consignor or his authorised agent before delivery from store.
- Every special instruction to the effect that charges shall be paid by the Consignee shall be deemed to include a stipulation that if the Consignee does not pay the said within seven (7) days of the date set for payment or, if no date is set from payment within seven (7) days of delivery or tendered delivery of the goods, then the Consignor shall pay the said charges.
Special Crane Hire Conditions
The undermentioned Conditions of Hire are to be read and accepted by the hirer before work is commenced.
- All plant, equipment and machinery (“Machinery”) shall at all times remain the sole and absolute property of Kwik Pty Ltd (the “Owner”).
- The Machinery is let on hire complete with operator who shall at all times remain the servant of the Owner and shall be in complete charge of the operation of the machine.
- The Machinery shall be employed by the hirer for the tasks for which it is hired and not otherwise.
- The Machinery is hired at the hirer’s risk. No warranty, condition, description or representation on the part of the Owner is or has been given or is to be implied and any statutory or other warranty condition, description, or representation expressed or implied as to the state of fitness or capacity of the Machinery or any of the parts of the equipment thereof or as to its ability to perform the work for which it is hired is hereby expressly excluded.
- Neither the Owner nor any of its officers, servants or agents shall be liable to the hirer for any death, injury, loss, damage or delay howsoever occurring in connection with the use or operation of the Machinery or any part thereof during the period of hire or break-down or defects of or in the Machinery or any parts of equipment thereof even though such death, injury, loss, damage or delay may have been caused or contributed to by an act, default or negligence of the owner or the operator or any officer, servant or agent of the Owner or of any other person for whose acts the Owner would otherwise be responsible for. In making this stipulation the Owner shall be regarded as acting as the agent of each of its officers, servants and agents and all such third parties shall to this extent be or be deemed to be parties to the contract contained in or evidenced by this form.
- The hirer agrees to indemnify and keep indemnified the Owner and its officers, servants and agents from all claims and liabilities of whatsoever nature in connection with any such death, injury loss damage or delay as aforesaid.
- The Owner reserves the right to terminate the hiring at any time without compensation to the hirer.
- Payment for hire for 30 day credit clients is to be 7 days from date of statement. In the event that your account is referred to Dun & Bradstreet for collection you will be liable for any collection costs, legal expenses etc which may be incurred in recovering the debt.
- Client’s Responsibilities
- Provision of any specialised rigging gear and/or non-standard lifting equipment
- Clear access and hardstand for equipment
- Suitable lifting points for all loads and safe access to all lifting points for rigging
- Ensure loads are free to be lifted and secure/fix loads once placed
- Confirmation of accurate load weights
- Site specific permits, inductions and other site requirements
- Suitable accommodation & messing as required
- Any site delays beyond KWIK’s control
- Additional Charges
- GST – all rates and fees are exclusive of and subject to GST
- Overtime for personnel for work outside the hours of 0700-1530 weekdays
- Any specialised site entry costs
- Any applicable site or project allowances
- Medicals and D&A testing if requested will be charged at cost +10%
- If KWIK are providing accommodation & messing this will be charged at cost +10%
- Onsite supervision if requested $POA
- Additional Western Power Permit Applications (“Western Power Permits”) that require further action, given the particular route, will come as an additional cost to the client at $1,428.00 + GST Est or $3,198.00 + GST Est (observer or line lift crew) if applicable. This additional cost allows for low hanging power lines that require Western Power Escorts to attend site.
Calculation of Hours Charged
- Minimum charge for cranes < 60T capacity is 2 hours.
- Minimum charge for traffic management and cranes > 60T is 4 hours.
- Total time charged includes travel to and from depot.
- After minimum hours, time is charged in quarter hour increments.
- If a Mobilisation/Demobilisation price is offered this price includes the time to travel to/from site and setup/packup only. It does not include any delays caused on site that are beyond KWIK’s control or any of the time that the crane is ready to lift.