1. In these conditions: “Contractor” shall mean ROBINSON BROTHERS TRANSPORT and its subsidiary companies and shall include its sub-contractors, servants and agents. “Consignor” shall mean the person, corporation, business or instrumentality, servant, agent or employee described on the face hereof. “Vehicle” means any vehicle, motorized or otherwise. “Goods” means anything.

2. The Contractor is NOT A COMMON CARRIER and will accept no
liability as such. All goods/vehicles are towed or transported, and all storage and other services are performed by the Contractor subject only to these conditions and the Contractor shall have the right to determine the type of operation of its equipment and to terminate the towing or transport at any time without compensation to the Consignor in the event that the Contractor should determine the working conditions or operation to be unsafe, impracticable or risky. The Contractor shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Contractor by a Director or Secretary of the Contractor.

3. The Consignor shall observe and comply with all acts, ordinances, rules, regulations, by-laws and proclamations and requirements of any statute, authority and the Contractor in relation to the manner of operation of the equipment and shall indemnify the Contractor from and against all claims for loss, damage, death or injury arising in breach thereof.

4. The Consignor hereby authorizes the Contractor (if it should think fit to do so) to arrange with sub-contractors for the towing, lifting or transporting of any goods or vehicles the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor to the sub-contractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Contractor.

5. If the Consignor instructs the Contractor to use a particular method of carriage the Contractor will give priority to the preferred method but if that method cannot conveniently be adopted by the Contractor the Consignor shall be deemed to authorize him to carry or have the goods or vehicles carried by another method or methods. Once the Contractor’s vehicle leaves the roadway while towing or recovery or loading or unloading the Consignor accepts responsibility for any damage to the terrain or property and shall be responsible for re-instatement of the terrain or property. The Contractor shall be entitled to charge for any extra vehicle, or any time needed in the event that the Contractor’s vehicle shall become bogged or immobile in the course of recovery or loading or unloading the goods or vehicle.

6. (a) Unless otherwise expressly agreed in writing, no responsibility in part or contract or negligence or otherwise will be accepted by the Contractor for any loss of, damage to, or delay in the delivery of goods or vehicles either in transit or in storage for any reason whatsoever.
(b) Goods or vehicles shall be deemed to be in transit notwithstanding that the carriage of the goods or vehicles may have been interrupted or the Contractor may have diverted from the usual route for such carriage.

7. The Contractor will effect insurance of the goods or vehicles as the Consignor’s agent if the Consignor instructs the Contractor so to do. Insurance of goods or vehicles will not be effected for the benefit of the Consignor except upon his written instructions and then only at his expense.

8. If any person fails to pay charges due to the Contractor in respect of any service rendered by the Contractor or reasonable demand being made in accordance with this contract, the Contractor may detain and sell all or any of the goods or vehicle of that person which are in its possession and out of any moneys arising from the sale retain charges so payable and all charges and expenses of the detention and sale, and shall render the surplus if any of the Moneys arising from the sale of and such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due or payable in respect of such Service or the said detention and sale. Interest will be due and payable on the outstanding moneys owed to the Contractor for services rendered and will be charged at current bank interest rates, plus any costs incurred in the collection of outstanding monies by National Credit Management Ltd shall be paid by the Consignor.

9. The Consignor or his authorised agent shall not tender for towing or transport any explosive, inflammable or otherwise dangerous goods without presenting a full description of those goods and in default shall indemnify the Contractor against any loss, damage, death or injury caused by such goods.

10. The Consignor expressly warrants with the Contractor that the
Consignor is either the owner or authorised agent of the owner of any goods or property or vehicle the subject matter of this contract of transport/towing and by entering into this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.

11. Notice in writing of any claim intended to be made must be given to the Contractor within five days after the date of delivery or in the case of non-delivery within five days after the party claiming becomes aware of the loss and unless so given and made the claim shall not be enforceable against the Contractor.

12. Without prejudice to the foregoing, if a vehicle or goods are stored by the Contractor awaiting instructions from the Consignor or his representative, such storage is entirely at the risk of the Consignor. Every care will be taken but no responsibility will be accepted for any damage or loss of contents of a vehicle or goods.

13. The Contractor reserves the right to alter these terms and conditions at any time and such alterations shall be deemed to constitute a variation on behalf of the Contractor.