Thank you for applying for a credit account with Pickering Transport Group.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact our accounts department on 03 5032 2651
CreditorWatch is a provider of credit reporting services.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information.
CreditorWatch may collect personal information directly from You when You:
You can always choose not to provide Your personal information to CreditorWatch, but it may mean that we are unable to provide You with the Service.
Through Your use of the Service, CreditorWatch may also collect information from You about someone else. If You provide CreditorWatch with personal information about someone else, You must ensure that You are authorised to disclose that information to CreditorWatch and that, without CreditorWatch taking any further steps required by applicable data protection or privacy laws, CreditorWatch may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, CreditorWatch’s identity, and how to contact CreditorWatch.
Where requested to do so by CreditorWatch, You must also assist CreditorWatch with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
CreditorWatch collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, CreditorWatch may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. CreditorWatch will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the forgot password process.
By using the Service, You agree that CreditorWatch can access, aggregate and use non-personally identifiable data CreditorWatch has collected from You. This data will in no way identify You or any other individual.
CreditorWatch may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to CreditorWatch’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in Australia, primarily by Global Switch Pty Ltd. (Global Switch), and Your personal information will be routed through, and stored on, those servers as part of the Service. Global Switch complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to CreditorWatch, You consent to CreditorWatch storing Your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia, it will remain within CreditorWatch’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to CreditorWatch, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
CreditorWatch is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Symantec Corporation, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
CreditorWatch will only disclose the personal information You have provided to us to entities outside the CreditorWatch group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
CreditorWatch will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that CreditorWatch may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, CreditorWatch does not currently “disclose” personal information to third parties located overseas.
If you choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by CreditorWatch staff. Your credit card details are encrypted and securely stored by Data Vault provided by Commonwealth Bank Of Australia to enable CreditorWatch to automatically bill your credit card on a recurring basis. You should review Data Vault by Commonwealth Bank of Australia to ensure you are happy with it.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at email@example.com
CreditorWatch will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, CreditorWatch utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
CreditorWatch sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. CreditorWatch will remove You at Your request.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
CreditorWatch reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. CreditorWatch will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
To provide a framework for Pickering Transport Group employees to ensure individuals privacy is maintained and the confidential handling of all business information.
This policy applies to all activities and staff of Pickering Transport Group and specifically extends to work related activities and actions that may occur outside of usual work hours, or after ceasing employment with the Pickering Transport Group, and/or that may involve non-Pickering Transport owned equipment/property.
The aim of this policy is to:
2. Ensure Employee Confidentiality; and
Pickering Transport Group collects and administers a range of business and personal information for the purposes of transporting freight for customers, the employment of staff, regulatory compliance, and safety and security. PTG is committed to protecting the privacy of personal information it collects, holds and administers.
PTG is bound by the Privacy Act 1988 as well as other Commonwealth and State laws, which impose specific obligations when it comes to handling information. The organisation has adopted the respective Privacy Principles contained in the Privacy Act as minimum standards in relation to handling personal information.
In broad terms this means that we:
o PTGs contact details;
o the fact that they can access their information;
o why we collect the information;
o if any relevant law requires the collection of the information;
o who we may give the information to; and
o the consequences should all or some of the information not be provided.
The HR Manager is responsible for administering PTGs Privacy and Confidentiality Policy.
Pickering Transport complies with the:
How to contact us
Pickering Transport Group is committed to working with individuals to obtain a fair resolution of any complaint or concern about privacy.
To contact us with a compliment, complaint or a privacy question, you can: Write to us at:
Attention HR Manager Pickering Transport Group Privacy Contact Officer PO Box 492
Swan Hill Vic 3585; OR
Without limiting the generality of the above statement, your request for information or a quote, your use of our products or services or your use of this website constitutes an acknowledgement that you have been made aware of our privacy policies.
This policy does not create or confer upon any individual any rights, or impose upon the Pickering Transport Group any rights or obligations outside of, or in addition to, those rights or obligations imposed by the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), or related legislation (‘the legislation’).
Should there be, in a specific case, any inconsistency between this statement and the Act, this statement shall be interpreted, in respect of that case, to give effect to, and comply with the legislation.
This policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word ‘including’ is used, it shall mean ‘including without limitation’.
What is ‘Personal Information’
‘Personal information’ means information we hold about you from which your identity is either clear or can be reasonably determined. When you give us your personal information, it imposes a serious responsibility on us. Protecting your privacy when handling your personal information is very important to us and is fundamental to the way we serve you.
We respect your personal information and your right to privacy. Protecting your privacy when handling your personal information is very important to us and is fundamental to the way we serve you.
Collection covered by this Policy
This website may contain links to non-Pickering Transport Group websites. The Pickering Transport Group is not responsible for the privacy policies of those other websites. We recommend you review the privacy policies of each site you visit.
Collection of personal information and how we may use it
Generally, we will collect personal information directly from you, and only to the extent necessary to provide a Pickering Transport Group product or service or to carry out our internal administrative operations.
In some circumstances a third party may provide your personal information (name and contact details only) to us, and only to the extent necessary, in order for us to provide a Pickering Transport Group product or service or to carry out our internal administrative operations.
We may collect personal information when:
Uses and sharing
As noted above, we will only collect personal information that’s necessary to provide the product or service or to carry out internal administrative functions. We collect different personal information depending on the product or service requested. Some examples include:
Generally, we will not use your personal information to market to you unless we have either your implied or express consent but in situations where it is impractical to obtain your prior consent, we will ensure you have an ability to opt out of future such communications.
We do not share your personal information with other organisations or to overseas recipients unless you give us your express consent, or where sharing is otherwise required or permitted by law, or where this is necessary on a temporary basis to enable our contractors to perform specific functions.
When we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, mail houses or other contractors to Pickering Transport Group we require those companies to protect your personal information as diligently as we do.
“Unsolicited” personal information is personal information about an individual that an organisation has unintentionally received. This is an uncommon occurrence for Pickering Transport Group, but when it does happen, we will protect your personal information with the same rigour as we treat personal information that we intended to collect. If we could not have collected this information through our normal processes, we will de-identify that information as soon as we can.
Your rights and choices
You may interact with us anonymously or by using a pseudonym (an alias) where this is lawful and practicable.
You have the right to request access to the personal information you provide, and to correct or update your personal information. This right is subject to certain exceptions allowed by law.
You may choose to not provide personal information when requested. If you choose to not provide your personal information when requested, we may not be able to deliver the product or service that you have requested. We will endeavour to make this as clear as possible for each service.
Direct marketing and your privacy
From time to time we may use the personal information we collect from you to identify particular Pickering Transport Group products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. We will generally only do this with your consent and we will always give you a choice to opt out of receiving such information in future.
Where we use your personal information to send you marketing information via the post we may do so with your implied consent or, if this is impracticable, we will ensure that you are provided with an opportunity to tick an “opt out” box to ensure you do not receive future such communications. By not ticking a clearly displayed “opt out” box, we will assume we have your implied consent to receive similar marketing communications in the future. We will always ensure that our opt out notices are clear, conspicuous and easy to take up.
Where we use your personal information to send you marketing information by e- mail, SMS, MMS or other electronic means we may do so with your express or implied consent. You may give us your express consent by, for example, ticking a box on an electronic or paper form where we seek your permission to send you electronic or other marketing information. Consent may be implied from our existing business relationship or where you have directly or indirectly provided us with your electronic address.
All of our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
Your privacy preferences and choices
Every personalised marketing contact sent or made by the Pickering Transport Group will include a means by which customers may opt of receiving further marketing information.
You may instruct us at any time to remove any previous consent you provided to receive marketing communications from us.
We have a strict duty to maintain the privacy of all personal information we hold about you. However, certain exceptions do apply. For example, where disclosure of your personal information is:
Use of third party service providers
Updating your information
It is inevitable that some personal information which we hold will become out of date. We will take reasonable steps to ensure that the personal information which we hold remains accurate and, if you advise us of a change of details, we will amend our records accordingly.
Access to your personal information
The Pickering Transport Group will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us.
However, we ask that you identify, as clearly as possible, the type/s of information requested. To access your personal information you may call, email, fax or write to us. The contact details are provided at the beginning of this policy.
The Pickering Transport Group will deal with your request to provide access to your personal information in a reasonable time - usually within 30 days of receipt of your request.
We will not charge you for lodging such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information.
Your right to access your personal information is not absolute. In certain circumstances, the law permits us to refuse your request to provide you with access to your personal information, such as circumstances where:
o we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;
o giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
Refusal to give access
Should we refuse access to your personal information, or refuse to give access in the manner requested we will provide you written notice setting out:
a. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations.
Loss of Personal Information
Despite our every effort to protect your personal information, there remains the possibility that a breach of our security could occur. In the event of loss of personal information Pickering Transport will:
Pickering Transport Group is committed to keeping your trust by protecting and securing your personal information.
We employ appropriate technical, administrative and physical procedures to protect personal information from unauthorised disclosure, loss, misuse or alteration.
We limit access to personal information to individuals with a business need consistent with the reason the information was provided. We keep personal information only for as long as it is required for business purposes or by the law.
We will use reasonable efforts to verify parental consent prior to the collection and use of personal information from children under 16. The method of verification may vary according to the information, product, service or event in which the child wishes to participate.
Consent may take a variety of forms including offline consent such as printing and submitting a permission form by mail, email or fax, or online consent such as by ticking an online check box that parental or guardian consent has been obtained.
We do not require parental or guardian consent in order to collect and use online or offline contact information to:
Pickering Transport will allow parents or guardians to review any personal information collected from their children, subject to verifying the identity of the consenting parent/guardian.
Parents/guardians may revoke their consent and delete information collected from their children at their discretion.
Information collected on this website
We may collect non-personal information from you such as browser type, operating system, and web pages visited to help us manage our web site.
Our internet server logs the following information which is provided by your browser for statistical purposes only:
All of this information is used by the Pickering Transport Group for aggregated statistical analyses or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by or under law.
A “cookie” is a packet of information that allows the Pickering Transport Group server (the computer that houses our web site) to identify and interact more effectively with your computer.
When you access our web site, we send you a temporary or “session cookie” that gives you a unique identification number. A different identification number is sent each time you use our website. Cookies do not identify individual users, although they do identify a user’s internet browser type and your Internet Service Provider.
Shortly after you end your interaction with our web site, the cookie expires or “crumbles”. This means it no longer exists on your computer and therefore cannot be used for further identification or access to your computer.
Without cookies certain personalised services cannot be provided to users of our website, accordingly you may not be able to take full advantage of all of our website features if cookies have been disabled.
We use session cookies in the following manner:
Log-on and log-off administration - If you decide to register with our site, so as, for example, to use one of our online services, session cookies help with the log-on and log-off process. The cookies enable us to recognize your log- on ID when you log on so that we do not establish a duplicate registration record for you.
Transactions and site usability - We use session cookies to improve how you navigate through website and conduct transactions. As examples, session cookies are used to maintain your online session as you browse over several pages; to store and prepopulate information so that you do not have to re-enter the same information twice. Session cookies may also be used to collect referral statistics when you click on a link or ad banner to or form ptg.com.au.
The Pickering Transport Group may also use “persistent cookies”. A persistent cookie is a small piece of text stored on your computer’s hard drive for a defined period of time, after which the cookie is erased. We will not collect or link to personal information through persistent cookies without your express consent.
We use persistent cookies as follows:
Other cookies allow us to remember certain information related to prior transactions, such as mailing or address lists, so we may prepopulate those fields for you on return visits. These features and cookies are strictly at your request and for your convenience. The cookies will expire one year from your last visit.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions or help screens to learn more about these functions.
Search terms that you enter when using our search engine are collected, but are not associated with any other information that we collect. We use these search terms for the purpose of aggregated statistical analyses so we can ascertain what people are looking for on our website, and to improve the services that we provide.
Also, from time to time, we may use external companies to provide us with detailed aggregate statistical analyses of our website traffic. At no time is any personal information made available to these companies, nor is the aggregate information ever merged with personal information such as your name, address, email address or other information you would consider sensitive or would compromise your privacy.
Further information on privacy
You can obtain further general information about your privacy rights and privacy law from the Office of the Australian Information Commissioner by:
? visiting their web site at www.oaic.gov.au , or
? by writing to:
The Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001
1. Pickering Transport Group (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 performed 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:-
b. 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.
c. 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
d. that the goods are fully described in writing in the space provided hereon;
e. 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 or 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 days of the date set for payment or, if no date is set for payment, within 7 days of delivery or attempted delivery of the goods, then the Consignor shall pay the said charges.
12. The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract 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. The Consignor enters into the contract with the Carrier as agent for the goods or property the subject matter of any contract with the Carrier (if the Consignor is not the owner) and for every person, firm or corporation which has any interest or equality in any of the goods or property.
13. In respect of any clause herein which exclude or in any way limit the liability of the Carrier in respect of the respect of this carriage of goods the Carrier, in addition to acting for itself, is acting as agent and trustee for each of its servants and any other person or company with whom the Carrier may arrange for the carriage of the goods and the servants of such person or company that its servants are parties to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for its servants and for any such person or company and his or its servants.
14. The within contract shall be government and construed in accordance with the laws of Victoria
a. In the event that notwithstanding this condition this contract shall be held to be subject to the laws of some other state or territory as the proper law or the contract then, except where the repugnant to the provisions of those laws, these conditions shall apply.
b Any proceedings against the Carrier shall be brought within 12 months from the date from contract.
c. Any claim for loss of or damage to goods shall be notifies in writing to the Carrier within 72 hours after delivery was effected or, in the case of loss, after delivery would, in the ordinary course of events, have been affected.
15. It is agreed that the person delivering the goods to the Carrier for Carriage or forwarding is authorised to sign this consignment note for the consignor.
16. The Carrier 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 Carrier by an officer of the Carrier.
17. In respect of contracts made in Queensland these conditions shall be subject to the Carriages of Goods by Land (Carriers’ Liability) Act 1967, of the state but except where repugnant to the provisions of that Act shall continue to apply.
18. NOTWITHSTANDING ANY CONDITION HEREIN LIMITING OR EXCLUDING THE LIABILITY OF THE CARRIER, where the contract involves the transportation of goods otherwise than for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported the contract shall be subject to the warranty or warranties implied by Section 74 of the Trade Practices Act 1974 and, in particular, the warrant by the Carrier that such transportation will be rendered with due care and skill.
19. Save as expressly provided herein all conditions and warranties whatsoever, whether statutory or otherwise, are exclude, provided however that these Conditions of Contract shall not be taken as applying to exclude, restrict or modify in any manner whatsoever the rights conferred on consumers and others by those Commonwealth, State and Territorial laws which cannot be lawfully excluded, restricted or modified.