TERMS AND CONDITIONS
1. In these terms and conditions, “the Company” means “TWG LOGISTICS” A.B.N. 18 149 281 685 carrying on business in its own name and under any Business Name and its officers, servants, agents, and sub-contractors; and “the Customer” shall mean the person, owner, firm or company who is contracting with the Company on the basis of these terms and conditions.
2. The Company is not a Common Carrier and accepts no liability as such. Whenever the Company is instructed to undertake or arrange the customs clearance, transport or storage of goods or any other service, it shall be authorized to entrust the goods or such arrangements to third parties subject to such parties’ contractual conditions. The Company shall be acting as the Customer’s agent in accepting such contractual conditions. The Customer shall be bound by such contractual conditions and shall release the Company from and indemnity the Company against any claims or liabilities arising out of their acceptance by the Company.
3. The Customer expressly warrants that it is either the owner or the authorized agent of the owner of any or all goods or property the subject matter of the transaction(s) to which these conditions apply (the “goods”). The Customer accepts these conditions for itself and for all other parties on whose behalf it is acting, and it warrants that it has authority to do so.
4. Notwithstanding any specific instructions from the Customer, the Company may carry out or arrange to be carried out the customs clearance, storage, handling of transportation of the goods by any method which the Company in its absolute discretion deems fit.
5. Quotations are given by the Company based on the instruction by the Customer, the rates of freight, insurance premiums, storage charges, statutory fees, currency exchange rates or any other rates, fees or charges applicable at the time of quotation. If any charges occur to any of these rates, fees or charges after quotation has been given, the Company reserves the right to withdraw or revise the quotation, regardless the quotation has already been accepted or not.
6. The Customer and the Senders, and Consignees of any goods and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs, consular and other purposes and shall jointly and severally indemnify the Company against all loses, damages, expenses, penalties and fines arising out of any inaccuracy or omission, even if such inaccuracy and omission is not due to any negligence.
7. The Company shall not be liable under any circumstances for any loss, damage or expenses of any description whatsoever arising from or in any way connected with the measurement, marks, weight, numbers, brands, contests, quality, or description of any goods.
8. The Customer and the Senders and Consignees and their agents, if any, shall be jointly and severally liable for any duty, tax, impost, or outlays of whatsoever nature levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, penalties, expenses, loss, or damage incurred or sustained by the Company in connection therewith, included where caused by the Company’s negligence or breach of these conditions.
9. Insurance will not be arranged by the Company except with the express instructions in writing by the Customer and then only at the customer’s expenses and after lodgement of a written declaration by the Customer as to the value of the goods to be insured, any such insurance cover arranged shall be subject to the usual exceptions and conditions of the policies of the insurance company or underwriters that accepting the risks. When insurance cover is arranged by the Company, the Company shall be entitled to additional charge no less than three (3) percent (%) of the premium payable by the Customer.
10. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances whether in tort or in contract for loss of or damage to or missed-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, or non-delivery of goods or any consequential loss arising there from howsoever caused including but not limited to any negligence or breach of contract by the Company.
11. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances (including negligence or breach of contract by the Company) for any loss, damage or costs or for any consequential loss arising there from (including arising from loss or fail of market) attributable to delay in forwarding, in transit, in customs clearance, or failure by the Company to carry out any instructions given to it.
12. 12.1 Where a carriage by sea is involved, a value will not be declared or inserted in the bill of lading for the purpose of extending the carrier’s liability under the Sea carriage of Goods Act 1924 (C’with) (or any similar or succeeding legislation), except upon express instructions given in writing by the Customer to the Company.
12.2 Where a carriage by air is involved, no optional declaration of value to increase the carrier’s liability under the Civil Aviation (Carrier’s Liability) Act 1959 (C’with) (or any similar or succeeding legislation) will be made except upon express instructions given in writing by the Customer to the Company.
12.3 In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or other, no declaration of the value (where optional) will be made for the purpose of extending liability, and goods will be forwarded or dealt with at Owner’s risk or other minimum charges, unless express instructions in writing to the contrary are given by the Customer to the Company.
13. Perishable goods, which are not taken up immediately on arrival or which are insufficiently addressed or marked or otherwise not identifiable, may be sold or otherwise disposed of without any notice to the Customer or the Senders, Owners or Consignees of the goods, and payment of the tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.
14. Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee may be sold or returned at the Company’s discretion at any time after the expiration of twenty-one (21) days from the sending of notice in writing to the address which the customer or sender gave the Company on delivery of the goods to the Company. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the Customer or the sender, and in the case of a sale shall be deducted from the proceeds of that sale. A communication from any agent or a correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
15. Where the Customer, Owner or Sender delivers to the Company any noxious, dangerous, hazardous, inflammable or explosive goods or any goods likely to cause damage, the Customer warrants that all applicable laws have been complied with (including where necessary, the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime Dangerous Goods Code) relating to the notification, description, consigning and packaging of the goods, and the expenses and charges of the Company in complying with any such law or with any order or requirement there under, or with the requirement of any harbour, dock, railway, shipping, customs, warehouse or other authority or company shall be paid by the Customer. In addition, the Customer shall be liable for any injury, loss or damage caused by such goods and shall indemnify the Company against all penalties, claims, liabilities, damages, costs, and expenses arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. The expression “goods likely to cause damage” includes goods likely to harbor or encourages vermin or other pests.
16. Pending customs clearance, forwarding and/or delivery, goods may be stored or otherwise held at any place or places at the sole discretion of the Company at the Customer’s risk and expense.
17. All goods (and documents relating to goods) are accepted subject to a general lien for all charges now due or which may hereafter become due to the company from the Customer, the Senders or Consignees whether in respect of the goods comprised herein or in respect of any other goods or chattels of whatever nature for which the Company provides a customs clearance, transport, storage, or other service. If any charges due to the Company are not paid within one (1) calendar month after written notice has been given to the person from whom the changed are due at their last place of business known to the Company that such goods are detained, the goods may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person and the proceeds applied in or towards satisfaction of such general lien. This right is additional to any right or rights conferred upon the Company by statute or general law.
18. In respect of any clause herein which excludes or in any way limits the liability of the Company or which contains an indemnity in favour or the Company, the Company in addition to acting for itself is acting as agent of and trustee for each of its employees and also any other person or company with whom the company may arrange for work to be done pursuant to this contract as the said clause or clauses containing exclusions, limitations of liability or indemnities are concerned and if in so far as may be necessary to give effect to this clause the Company shall hold the benefit of these clauses for its employees and for any such person or company and his or its employees
19. All the right, immunities, indemnities, and limitations of liability in these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any conditions hereof by the Company.
20. All agreements between the Company and the Customers shall be governed and construed in accordance with the laws of Australia and within the exclusive jurisdiction of the Australian courts.
21. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances (including negligence or breach of contract by the Company) for loss or damage resulting from or attributable to any quotation, statement, representation or information whether oral or in writing howsoever, where so ever or whom so ever made or given or on behalf of the company or by any employee or agent of the company as to the classifications of or the liability for amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods, chattels or property whatsoever. The Company does not accept responsibility in relation to any decision made or action taken, or liability incurred on the basis of any such quotation, statement, representation or information.
22. The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Company by an authorized officer of the Company.
23. In respect of contracts made in Queensland, these conditions shall be read subject to the carriage of goods by land (carriers’ liabilities) Act of 1967 of that state but except where repugnant to the provisions of that Act shall continue to apply.
24. The Customer authorizes the Company (if the Company should think fit so to do) to contract either in the Company’s name as principal or as agent for the customer in carrying out the customs clearance, transport or storage of goods or any other service pursuant to these conditions. Where the Company contracts either in the Company’s name as principal or as agent for the Customer as referred to in this clause, the Customer indemnifies and shall keep indemnified the Company against all claims and liabilities of whatsoever nature arising out of or in connection with the Company so contracting.
25.
25.1 Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the trade practices Act 1974 (CMTH) or any other Commonwealth, State or Territory legislation insofar as such legislation may be applicable and prevent wither expressly or impliedly the exclusion or modification of any such term, condition and warranty
25.2 In cases where part V Division 2 of the Trade Practices Act 1974 (or equivalent part of any State or Territory legislations) applies to enable the Company to limit its liability, the Company’s liability to the Client shall be limited as the Company determines:
(a) In the case of goods to any one of the following:
(i) the replacement of the goods or the supply equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) In the case of services to any one of the following:
(i) the supplying to the services again; or
(ii) the payment of the cost of having the services supplied again.
26.
26.1 The Company’s trading terms are net seven (7) days from date of invoice. If any changes due to the Company hereunder are in arrears for a period of more than seven (7) days, the Company may charge interest on any overdue amounts at a rate not greater than two (2) percent above the prevailing prime overdraft rate as quoted by National Australia Bank.
26.2 The Company’s charges are quoted in Australian dollars ($A) and all payments (including GST if applicable) by the customer must be made in Australian dollars ($A).
27. Except under special prior arrangements made in writing, the company will not accept bullion, coins, precious stones, jewellers, valuables, antiques, pictures, livestock or plants, and the company will not accept any liability whatever for any such goods (including negligence or breach of contract by the Company).
28. It shall be the responsibility of the Customer in all circumstances at all times to ensure that any containers or other packaging of any goods and any pallet or pallets which are delivered with such goods, and which are required to be returned to the owner of the containers, packaging or pallets or the nominee of the owner, are returned within the time required for such return by the owner or nominee. The Company accepts no liability for the loss, damage or delayed return of any containers, packaging or pallets whatsoever, which may come into or pass through the possession of the Company whether the Company or the Customer holds the containers, packaging or pallets whatsoever, which may come into or pass though the possessing of the Company whether the Company or the Customer hold the containers, packaging or pallets as lessee, bailee, licensee or by any other means whatsoever, and the Customer agree to indemnify the Company against any claims demands or liabilities arising out of or in connection with such loss, damage or delayed return.
29. Where the Customer instructs the Company to arrange airfreight, sea freight, carriage by road or rail, or storage or any goods, the Customer agrees that the Company shall be entitled to accept or obtain or to agree or offer to accept or Company shall be entitled to accept or obtain or to agree or offer to accept or obtain any discounts, commissions, rebates or allowances at a rate not less than five (5) percent of the price payable by the Customer for the service so arranged.
30. In an event of cancellation after the quotation has been accepted, any service or order must only be cancelled in writing by the Customer. All the claims, loss and other cost that incur in connection to such cancellation, will be charged to the Customer.
