24 MARCH THE NEW ZEALAND GAZETTE 933

20.18.6 The measurement of timber shall be calculated as set out in clause 42.8.

20.19 Quotations

The Corporation shall not be responsible for quotations of rates or conditions of carriage, or particulars of freight charges given verbally or by telephone, unless confirmed in writing.

21 CONDITIONS OF CARRIAGE OF GOODS BY RAIL

21.1 Unmanned stations or sidings

21.1.1 Acceptance and delivery at private sidings and unattended stations: The Corporation shall not accept goods consigned to or from private sidings and unattended stations unless the goods are consigned at either “owner’s risk” or on “declared terms” in accordance with the provisions of the Carriage of Goods Act 1979.

21.1.2 Charges to be prepaid: Freight on goods consigned to a station or a siding where there is no stationmaster in charge must be prepaid unless the consignee has a ledger account with the Corporation.

21.1.3 Hazardous goods: Hazardous goods shall not be accepted at, or delivered to, a station or a siding where there is no stationmaster in charge unless by special arrangement with the Corporation.

21.2 Diversion of wagons in transit

A diversion charge of $14.44 for each four wheeled wagon and $29.59 for each bogie wagon shall be made where the destination of wagon loads of goods or livestock is altered by the consignor or consignee while the wagon is in transit.

21.3 Damage to wagons, etc.

Consignors should make good all damage to wagons, tarpaulins, or goods caused by or arising out of the absence of packing or out of consignments being tendered for transit in broken, damaged, leaky, defective, insecure, or improper packages or containers.

21.4 Wagon supply

Notices for the supply of wagons given by persons intending to consign goods or livestock will be accepted for fulfilment conditionally only upon its being found convenient to the Corporation to supply the wagons upon the due date. The Corporation shall not be responsible for any loss or damage arising through failure from any cause to have wagons available by any particular date or train.

21.5 Alterations to or specially constructed wagons

No article which requires for its carriage a specially constructed wagon, or any alteration to a wagon, shall be received and carried except under special arrangements.

21.6 Wagons overloaded or requiring adjustment of load

21.6.1 Wagons overloaded: Except as otherwise provided, where goods are loaded by a consignor or where a consignor has incorrectly stated the weight of the goods and the load of a four-wheeled wagon into which such goods are loaded is more than 500 kilograms in excess of the maximum carrying capacity marked on such wagon, or in the case of a bogie wagon where the load is more than one tonne in excess of the maximum carrying capacity marked on such wagon, the weight in excess of the maximum carrying capacity of such wagon shall be charged as a separate consignment with charges for the whole consignment being computed as though an additional wagon had been used for the whole journey. When the excess weight is removed to another wagon, the owner shall be charged for such removal at the rate of $14.62 per tonne.

21.6.2 Wagons unsafe: The weight of a load shall be distributed as evenly as possible over the floor of a wagon and the load must not exceed the limits of weight, quantity and gauge for the wagon. When the load of a wagon is considered unsafe to travel, the Corporation shall reload or adjust the load including wagons which are loaded by consignors. A charge of $14.82 per tonne will be made for unloading or adjusting wagons loaded by consignors subject to minimum charge $47.07. If a derailment shall occur owing to any failure whatsoever on the part of the consignor to load the wagon in accordance with these provisions the consignor shall be responsible for any injury to any person or damage to any goods or property arising out of or caused or contributed to by such failure, and shall meet all claims arising therefrom.

21.6.3 Timber load adjustment: Minor timber adjustments which may be undertaken by the Corporation such as cutting off excess lengths of uprights and cross-ties, nailing insecurely fastened cross-ties, levelling off the top of the load, closing wagon doors, etc., in order to facilitate the prompt dispatch of wagons, shall be charged for at a rate of $13.25 per man-hour subject to minimum charge $6.62.

21.6.4 Computation: For the purpose of charging under the provisions of this section, the weight of timber shall be calculated as follows: hardwood, 0.80 cubic metre to the tonne; all other timbers, 1.00 cubic metre to the tonne.

21.7 Minimum wagon load

21.7.1 Sole use of wagon: Except where otherwise provided, the charges for consignments of goods which by reason of their bulk in relation to weight or other circumstances connected with the nature of the goods, require the sole use of a wagon for their carriage, and which goods if properly loaded will not permit of other goods being loaded in the same wagon, shall be computed at the appropriate rate for the commodity on the following minimum weights:

21.7.2 Minimum weight: Per four-wheeled wagon 3.5 tonnes.

Per bogie wagon 7.0 tonnes.

21.7.3 Class G goods: The charge for class G goods which require the sole use of a wagon shall not be less than the charge computed in the above minimum at class C rates.

21.7.4 Minimum weight exemption: The minimum weight shall not apply to consignments which do not require the sole use of a wagon and which, if properly loaded, permit other goods to be loaded in the same wagon even though in the particular case the consignment may in fact have the sole use of a wagon; except that this exemption shall not apply to goods which, owing to their length, require the use of a bogie wagon, which goods shall be chargeable under the provisions of clause 66; and except that where sole use of a wagon is allowed at the specific request of a consignor, the minimum weight listed above for the type of wagon concerned shall apply.

21.7.5 Right to decline to accept: The Corporation may decline to accept for carriage, or may accept for carriage only under special arrangement, articles which by reason of their excessive length, bulk, weight, or other circumstances the Corporation considers to be unsuitable for carriage, or suitable for carriage only under special conditions.