TRADING TERMS & CONDITIONS
By instructing the Company to supply the Services, the Customer agrees to accept and be bound by the Company’s trading terms and conditions. All and any business undertaken by the Company shall be subject to the Company’s trading terms and conditions of contract which are as follows:
Definitions
1.
“ACL” means the Australian Consumer Law (“ACL”) being Schedule 2 of the Australian Competition & Consumer Act 2010 (“CCA”)
“Company” shall mean Containerzone Pty Ltd (Insert ABN), its employees, servants, agents, subsidiaries, associated entities, successors and/or assigns.
“Customer” shall mean the shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods or the person for whom any of the Services are arranged and/or performed.
“Dangerous Goods” shall mean such of the Goods as shall be, or become, in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods, persons, plants or animals or to any thing including that in which the Goods are carried, handled or stored.
“Force Majeure” shall mean an unforeseeable, external occurrence affecting the rights and obligations of a party and beyond the control of and not due to the fault, omission or negligence of the affected party, such events including any act of god, earthquake, flood, terrorist attack, war or other event beyond the reasonable control of the party claiming Force Majeure. Force Majeure does not include any strike, labour dispute or industrial action which could reasonably have been prevented by the Company.
“Goods” shall mean the chattels, articles or things tendered by the Customer for the Services and shall include the container(s), unit load device(s) or other packaging containing the same and any other pallet(s) delivered with the same to the Company or Subcontractor by the Customer or for or on its behalf.
“Government Authority” means, without limitation, all Government Departments with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods to include, without limitation, Australian Customs Service (ACS), Australian Quarantine Inspection Service (AQIS) and Australian Taxation Office (ATO).
“Perishable goods” shall mean such of the Goods as shall be in fact or law liable to deteriorate in quality and/or value and shall include, but not be limited to, fruits, vegetables, dairy products, meat, etc.
“Restricted goods” are items considered restricted or perishable by any authority where they generally do not pose a danger to the health, safety, or property while being transported but where their transport is regulated or banned for public policy reasons.
“Services” shall mean the carriage, transport, movement, packing, handling, storage/warehousing, customs clearance and/or any other service arranged or performed by the Company, pursuant to, or ancillary to, this contract with the Customer.
“Subcontractor” shall mean and include any person, firm or company (other than the Company) that arranges or performs the Services (or a part thereof).
“Valuables” shall mean bullion, coins, securities, precious stones, jewellery antiques or valuable works of art.
Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm, corporation or other entity where appropriate.
Company’s Capacity
2. The Company and Customer agree that:
(a) the Company acts as agent only in arranging the Services (or a part thereof) except in circumstances where:
(i) it performs the Services (or a part thereof),
(ii) it expressly agrees/undertakes in writing to act as principal or
(iii) where a Court holds it to be principal.
(b) without limiting the generality of 2(a), the Company acts as agent when an air, road or sea carrier issues an air waybill, consignment note or sea carriage document for the designated carriage in that document naming the Customer or its agent (excluding the Company) as shipper and/or consignee in said document.
(c) without limiting the generality of 2(a), the Company’s supply of a container or equipment as part of the Services is not evidence in itself that the Company acts as a principal.
Not a Common Carrier / Entire Agreement
3. The Company is not a common carrier and accepts no liability as such. Services are arranged, undertaken and/or performed by the Company subject only to these conditions of contract which constitute the entire agreement between the Company and the Customer. No person has the authority of the Company to waive or vary these conditions and the Company reserves the right to refuse at its sole discretion the arranging, undertaking or performing of any of the Services for any customer whether before, during or after the Service has commenced and further reserves the right to open and/or inspect all Goods at its discretion and at the Customer’s expense.
Contracts with Third Parties
4. The Customer hereby employs and authorises the Company to contract either in its own name or in the Customer’s name with any Subcontractor, and authorises any Subcontractor to contract the services of any other Subcontractor, for the performance of any of the Services agreed to be arranged or performed pursuant to, or ancillary to, this contract.
Any such contract may be made on any terms of contract whatsoever used by the Subcontractor including terms which may limit or exclude liability. The Company shall be entitled to the full benefit of all rights, privileges and immunities available to any Subcontractor. Any Subcontractor’s terms are available on request.
Prevention of Suit / Circular Indemnity and Himalaya
5. The Customer undertakes that no claim shall be made against the Company’s employees, agents or Subcontractors. If any such claim is made, the Customer indemnifies the Company. All such parties have the benefit of these terms as if expressly stated herein.
Warranties by the Customer
6. The Customer warrants:
(a) authority to consign the Goods;
(b) authority of any person delivering Goods;
(c) adequacy of packing, accuracy of information and indemnifies the Company for losses arising from inaccuracies;
(d) that Services do not breach any law.
Exclusion and Limitation of Liability
7.
(a) Subject to law, the Company shall not be liable for loss or damage howsoever caused including negligence, breach of contract, government action, or examination or treatment of Goods.
(b) Where liability cannot be excluded, it is limited to the lesser of AUD$100.00 or the value of the Goods.
(c) Applicable statutes are deemed incorporated.
(d) Where liability cannot be excluded, remedies are limited to re-supply of Services or cost thereof.
(e) No liability for indirect or consequential loss.
(f) No liability for failure to collect C.O.D. payments.
(g) No declaration of value unless agreed in writing.
(h) Claims must be lodged within strict time limits.
(i) Legal proceedings must be commenced within 12 months.
Negotiation of Extension of Responsibility / Liability / Warranty / Insurance
8. The Company may agree to greater liability for additional charges. Alternatively, conditional warranty services may be provided subject to WTCs. No insurance is arranged by the Company.
Loading and Unloading / Warehousing
9. The Customer is responsible for loading/unloading costs, delays, facilities, vehicle inspection, and warehousing risks and expenses.
Customer’s Indemnity
10. The Customer indemnifies the Company for losses arising from Services, breaches, defects in Goods, and unpaid charges.
Quotations
11. Quotations are estimates only and subject to revision. Charges may vary based on actual weights, measures or services.
Authority for Payment / Inspection / Release
12. The Customer authorises payments, inspections and release of Goods as required by authorities and indemnifies the Company.
Responsibility for Fees and Charges
13. Fees are payable as invoiced, non-refundable, subject to interest on overdue amounts, and recovery costs.
Routes / Procedures / Method
14. The Company may vary routes or Service providers at its discretion.
Lien – Security Agreement – PPSA
15. The Company has a general lien and security interest over Goods under the PPSA and may sell Goods after notice.
Registration – PPSA
16. The Customer agrees to registration obligations, waives notices, and indemnifies the Company.
Valuables, Dangerous and Restricted Goods
17. Such Goods are not accepted unless agreed. The Customer bears all risks and indemnifies the Company.
Delivery / Completion
18. Delivery is complete upon acceptance at the nominated address. Delays are estimates only.
Sale and Disposal of Goods
19. Undeliverable or perishable Goods may be sold, with proceeds applied to outstanding charges.
Regulation Compliance
20. The Customer must comply with all laws and indemnifies the Company for non-compliance.
Law and Jurisdiction
21. New South Wales law applies and courts have exclusive jurisdiction.
Representations
22. No reliance on representations not in writing.
Severance & Waiver
23. Invalid provisions do not affect the remainder. No waiver by non-enforcement.
Inconsistency & Priority
24. These terms prevail over all others.
Trade Practices / ACL
25. ACL rights preserved where applicable. Certain clauses are read down for Consumers and Small Businesses.
Force Majeure / Reasonable Care
28. The Company is excused from liability for Force Majeure or events beyond reasonable care.
Service Options
No Liability Service – lowest cost, highest risk
Conditional Warranty Service – limited warranty up to A$100,000
Legal Liability Service – liability for failure to exercise reasonable care
Please confirm your selected option. Insurance is not provided or arranged.
Our trading terms and conditions can be found at:
https://containerzone.com.au/terms-of-service/