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All freight and charges are earned by Hills Parcel Direct Pty Limited ("the Carrier") as soon as the goods are picked up or accepted for storage.
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The Consignor must, by the 20th day of the month following the date of the tax invoice issued by the Carrier, pay all freight and charges, irrespective of whether the goods have been or are delivered or not and whether the goods are damaged or not.
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The Consignor must pay all sums by the due date without deduction or deferment on account of any claim, counterclaim or set-off.
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On accounts overdue to the Carrier, the Carrier shall be entitled to interest calculated at 4% above the base rate of the Carrier's bank applicable during the periods that such amounts are overdue.
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The Consignor will be liable for all costs and expenses (including legal costs on a solicitor and client basis) incurred by the Carrier in collecting from the Consignor or other party money owed on overdue accounts.
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The Carrier will not refund any payment for freight and charges under any circumstances.
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If the goods are at any time re-weighed or re-measured, the Consignor shall pay any proportional additional freight as determined by the Carrier.
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The Consignor shall pay any charge for demurrage at the rate charged to the Carrier directly or indirectly by any railway or shipping authority or other person.
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When the Carrier is instructed to collect freight, duties, charges or other expenses from any person other than the Consignor, the Consignor shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and not paid by such other person.
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If, on demand, any person fails to pay charges due to the Carrier in respect of any service rendered by the Carrier, the Carrier will have a general lien over the goods and/or any other cargo or items that are the property of the Consignor, and without notice to the Consignor, may sell all or any part of the goods and/or any other cargo or items that are the property of the Consignor which are in its possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
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