CONDITIONS OF CONTRACT
1) WINGMAN TRANSPORT (herein after referred to as the Carrier which expression shall include unless the context otherwise requires its service, agents and subcontractors). IS NOT A COMMON CARRIER AND WILL ACCEPT NO LIABILITY AS SUCH. All articles are carried or transported and all storage and other services are preformed by the Carrier subject only to these conditions AND THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLE FOR ANY PARTICULAR PERSON, FIRM OR COMPANY AND THE CARRIAGE AND TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION.
2) The goods are accepted by the Carrier subject to the following conditions:
a) That they comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and any expenses and charges authority or any other party shall be paid by Consignor.
b) that if any of the goods are subject to the Customs, all duty and costs which the carrier becomes liable to pay and does pay shall be paid by the consignor
c) that the goods are fully described in writing in the space provided hereon;
d) that the goods do not contain any explosive, inflammable or otherwise dangerous or damaging goods other than as are specifically disclosed as such hereon;
3) The consignor hereby authorises the Carrier (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such subcontractor.
4) If the Consignor instructs the carrier to use a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier the consignor shall be deemed to authorise him to carry or have goods carried by another method or methods.
5) The Consignor shall be deemed to authorise any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be reasonable or necessary in the circumstances.
6) Freight shall be considered payable as soon as the goods are loaded and dispatched.
7) UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING THE CARRIER SHALL NOT BE LIABLE IN TORT OR CONTRACT OR PURSUANT TO ANY OTHER CAUSE OF ACTION HOWSOEVER ARISING IN RESPECT OF ANY LOSS OF OR DAMAGE TO GOODS OR THE FAILURE TO DELIVER OR DELAY IN THE DELIVERY OF GOODS OR MISDELIVERY OF GOODS, EITHER IN HALNDLING OR IN TRANSIT OR IN STORAGE. This disclaimer extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged during the movement, and to include any loss consequently or otherwise arising from any such loss, damage or injury.
8) INSURANCE WILL NOT BE ARRANGED BY THE CARRIER EXCEPT WITH THE EXPRESSED INSTRUCTIONS IN WRITING OF THE CONSIGNOR AND THEN ONLY AS AGENT FOR AND AT THE EXPENSE OF THE CONSIGNOR AND ON LODGEMENT OF A DECLARATION AS TO VALUE PRIOR TO COLLECTION. THESE INSTRUCTIONS MAY BE GIVEN BY COMPLETING INSURANCE PARTICULARS ON FRONT.
9) In the event that, whether pursuant to any liability imposed on the Carrier or otherwise, the Carrier makes any payment to the Consignor in respect of loss of or damage to or delay in delivery of goods (including consequential loss) the Consignor hereby assigns to the Carrier all rights which the Consignor may have under any policy of insurance or against any person, firm or corporation in respect of any other possible cause of action to recover such loss and the Consignor hereby irrevocable appoints the Carrier as the Attorney of the Consignor with full power in the Consignors name to claim, demand, sue for and recover any such amount and the Consignor shall execute all such documents and provide all such information as may be necessary to enable the Carrier to obtain full benefit of this clause.
10) Should the consignee of the goods described hereon not be in attendance at the address given during normal trading hours when delivery is attempted and additional charge may be made at ruling rates for each call until delivery is accomplished
11) Every special instruction to the effect the charges shall be paid by any person other than the Consignor shall be deemed to include a stipulation that if such other person does not pay the set charges within 7