In these conditions:
1. Consignor shall mean the person or persons on whose behalf the goods, the subject of the Contract, are delivered to the Carrier or by whom the goods are sent. Carrier shall mean its servants or agents.
2. The Company is not a Common Carrier and does not undertake the obligations or liability of a Common Carrier and in contracting with the Carrier the Consignor expressly agrees that the Carrier will not be liable to be used in like manner as if it had actually undertaken to carry goods as a Common Carrier for hire.
3. Unless expressly agreed in writing the Carrier shall not be responsible in tort or contract or otherwise for any loss of goods either in transit or in storage by reason of theft or conversation of the same or damage occasioned as a result thereof including without limiting the foregoing the negligence or wilful act or default of the Carrier and this clause shall apply to all such loss or damage to goods as aforesaid whether or not the same occurred in the course of performance by the Carrier of the contract or in events which are in the contemplation of the Carrier and/or the Consignor or in events which are foreseeable by them or either of them or in events which would constitute a fundamental breach of the contract or a breach of the fundamental term thereof.
4. These conditions and the contract constituted hereby are to be read and constructed subject to the provisions of the Trade Practices Act 1974 (or any amendment or reinactment) and subject to the provisions of any state rule of law or equity applicable in the circumstances and to the extent, if any, that any such conditional provision or any part or parts thereof would, but for this condition, be wholly or partly void or illegal and would have an operational effect which would render any other conditional provision hereof wholly illegal or unenforceable, such condition or provision or part thereof shall constitute no part of this contract and these conditions in this contract shall be read and construed as if the same had been inserted.