Conditions of Carriage
These Conditions of Carriage govern all services provided by National Optical Distribution Pty Ltd trading as National Optical Distribution ABN 55 098 946 411 (“National Optical Distribution”, “we”, “us”, “our”).
By engaging National Optical Distribution to provide services, the Customer agreesto be bound by these Conditions.
If National Optical Distribution and the Customer have entered into a separate written agreement signed by both parties, that agreement will prevail to the extent of any inconsistency.
1. Definitions
Customer means the person or entity requesting the Services.
Consignment means any parcel, satchel, carton, pallet or freight item accepted for carriage.
Services means collection, consolidation, handling, transport, storage and delivery of goods.
2. Application
2.1 These Conditions apply to all Services provided by National Optical Distribution unless otherwise agreed in writing.
2.2 National Optical Distribution operates as a private carrier and is not a common carrier. National Optical Distribution reserves the right to refuse carriage of any Consignment at its discretion.
2.3 National Optical Distribution may subcontract all or part of the Services. All limitations and protections in these Conditions extend to National Optical Distribution’ employees, agents and subcontractors.
3. Customer Responsibilities
3.1 The Customer warrants that:
- All information provided is accurate and complete;
- The Consignment is properly and securely packaged;
- The Consignment is correctly addressed and labelled;
- The Consignment complies with all applicable laws and regulations.
3.2 National Optical Distribution is not liable for loss, damage or delay arising from:
- Inadequate or improper packaging;
- Incorrect labelling or addressing;
- Inaccurate weight or dimension declarations;
- Failure to comply with applicable laws.
3.3 The Customer must not consign prohibited, restricted or dangerous goods unless expressly agreed in writing by National Optical Distribution.
4. Consolidation and Handling
4.1 National Optical Distribution operates a consolidated freight network. Consignments may be transported with other freight and may be transferred between vehicles, depots or facilities as required.
4.2 National Optical Distribution may apply additional or secondary labels where required for operational or onward carrier purposes.
4.3 The Customer acknowledges that handling, sorting and transfer are inherent parts of freight operations.
5. Delivery
5.1 Service timeframes and delivery schedules are available on request or as agreed in writing with the Customer.
5.2 Unless expressly agreed in writing, all stated delivery timeframes are estimates
only and are not guaranteed.
5.3 Delivery may be completed by:
- Obtaining a signature at the delivery address;
- Electronic confirmation or GPS scan; or
- Authority to Leave where authorised.
5.4 Where Authority to Leave is selected or otherwise authorised, delivery is deemed complete once the Consignment is left at the nominated address. Risk passes to the Customer at that time.
5.5 Electronic records, scan data and GPS tracking maintained by National Optical Distribution constitute prima facie evidence of delivery.
6. Risk and Liability
6.1 Risk in the Consignment passes to National Optical Distribution upon collection and passes to the Customer upon delivery in accordance with Clause 5.
6.2 National Optical Distribution does not provide transit insurance. Customers are responsible for arranging their own insurance cover where required.
6.3 To the extent permitted by law, National Optical Distribution’ liability for loss of or damage to any Consignment is limited and subject to these Conditions.
6.4 National Optical Distribution is not liable for:
- Indirect loss;
- Consequential loss;
- Loss of profit;
- Loss of revenue;
- Business interruption;
- Loss arising from delay unless expressly agreed in writing.
6.5 National Optical Distribution is not liable for loss, damage or delay arising from:
- Inadequate or improper packaging;
- Incorrect or incomplete addressing information;
- Acts or omissions of the Customer;
- Inherent defect or nature of the goods;
- Events beyond National Optical Distribution’ reasonable control.
6.6 Nothing in these Conditions excludes, restricts or modifies any consumer
guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded.
6.7 Any claim for loss or damage must be submitted in writing within 7 days of delivery or expected delivery.
7. Charges and Payment
7.1 Charges for Services will be as agreed in writing between National Optical
Distribution and the Customer.
7.2 Unless otherwise agreed, charges may be calculated by reference to weight, volume, service type or other applicable criteria.
7.3 Additional charges may apply where:
- Weight or dimensions are incorrectly declared;
- Re-delivery is required;
- Special handling is requested;
- Waiting time occurs;
- Delivery instructions are varied after booking.
7.4 Payment terms are as agreed in writing. National Optical Distribution may suspend Services for overdue accounts.
8. Lien
8.1 National Optical Distribution has a general lien over any goods in its possession for unpaid charges.
8.2 National Optical Distribution may retain possession of goods until outstanding amounts are paid, subject to applicable law.
9. Force Majeure
National Optical Distribution is not liable for any failure or delay in performing the Services where such failure or delay arises from circumstances beyond its reasonable control, including but not limited to industrial action, transport disruption, natural disasters, governmental action, or system failures.
10. Confidentiality
Each party agrees to keep confidential any non-public commercial information disclosed in connection with the Services, except as required by law.
11. Governing Law
These Conditions are governed by the laws of New South Wales, Australia.