* Fields marked with an asterisk are compulsory
1.1 "Company" shall mean Future Cargo Pty Ltd ABN: 97 608 056 293 and its successors and assigns.
1.2 "Customer" shall mean the Customer or any person or persons acting on behalf of and with the authority of the Customer.
1.3 "Guarantor" means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer if a Limited Liability Customer on a principal debtor basis.
1.4 "Goods" shall mean cargo together with any container, packaging, or pallet(s) supplied by the Customer to the Company for the purposes of movement from one place to another by way of the Company’s Services.
1.5 "Services" shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6 "Price" shall mean the cost of the Goods or Services as agreed between the Company and the Customer subject to clause 4 of this contract.
2.1 The Customer warrants that it either the Owner or authorized agent of the Owner of the goods and that it is authorized to accept and accepts these Conditions, not only for itself, but also as an agent for and on behalf of the Owner.
2.2 The Customer warrants that it has reasonable knowledge of matters affecting the conduct of its business including but not limited to, the terms of sale and purchase of the Goods and all other matters relating thereto.
2.3 The Customer warrants that the description and particulars of the Goods are complete and correct.
2.4 Any instructions received by the Company from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein.
2.5 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.6 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company.
2.7 None of the Company’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements.
2.8 The Company is entitled to retain and be paid all brokerages commissions, allowances and other remuneration’s retained by or paid to Ship Forwarding Agents (or Freight forwarders) and Insurance Brokers.
2.9 The use of a customer’s own form shall in no way derogate from these conditions the whole of which shall, notwithstanding anything contained in any such form, constitute terms of the agreement so entered into. Any provisions in any such form which is contrary to any provisions of these Conditions shall to the extent of such inconsistency be in applicable.
3.1 The Services shall be as described on the invoices, consignment Note, airway bills, manifests, sales order or any other forms as provided by the Company to the Customer.
3.2 The Company is not a common carrier and will accept no liability as such and it reserves the right to accept or refuse to quote the carriage of any Goods or supply any other service at its own discretion without providing any reason.
3.3 The customer, and the owners, senders, receivers 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 losses, damages, expenses and fines arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence, wilful act or omission.
3.4 The customer and the senders, owners and consignees and their agents, if any, shall be jointly and severally liable for any duty, tax, impost, excise, levy, penalty, deposit or outlay of whatsoever nature levied by any Government or the authorities at any port or place in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection therewith and shall indemnify the Company, its servants and agents from all claims by third parties howsoever arising in connection with the goods.
3.5 When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the customer shall remain responsible for the same if they are not paid by such consignee or other person.
3.6 The Customer authorises the Company to engage any Subcontractor to subcontract on any terms the whole or part of the provision of the Services in all cases, without providing any notice.
3.7 In the event of the Company to undertake any handling, disassembly, removal, packing, wrapping, packaging, unpacking, installation of any sort, the company shall in no way, shape, or form be liable for any injury, death, damages or loss resulting from what the Company undertakes. The Customer shall indemnify the Company of any liability in any scenario, whether or not that liability has arisen from inattention, negligence or a contractual breach or wilful act or default of the Company’s servants, Subcontractors or agents.
3.8 The Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever cause caused or arising, whether: (a)for loss of or damage to goods unless such loss or damage occurs whilst the goods are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the wilful neglect or default of the Company or its own servants; (b)for any delay in delivery, forwarding or transit or failure to deliver goods, any deterioration, contamination, evaporation or any consequential loss or loss of market however caused; (c)for failure to follow instructions given to it by or on behalf of the customer whether or not such failure is wilful; (d)for any damage or expense arising from or in any way connected with marks, numbers, brands, contents, quality or description of any goods; (e)for loss or damage resulting from fire, water, explosion or theft whether caused by negligence of the Company’s servants or otherwise;
3.9 (a)The Company shall not be liable under any circumstances for damage or loss of any sort resulting from or attributable to any quotation, statement, representation or information whether oral or in writing howsoever, wheresoever or to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification of the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax or rate applicable to any goods or property whatsoever. (b)The Company does not accept responsibility or liability in relation to any decision taken or liability incurred on the basis of any such quotation, statement, representation or information.
3.10 By entering into any agreement to which these conditions apply, the customer on his own behalf and as agent of the owner, sender and consignee agrees and further offers to limit the liability of all servants, subcontractors, employer, employees, the Company and agents of the Company in respect to the goods and subject to the agreement to the extent that each such servant, employee, employer, agent and subcontractors shall be protected by and entitled to the full benefit of all provisions in these conditions excluding or restricting tortious liability or claim of any kind; (a)The offer hereinbefore referred to shall be accepted by the act of each such servant employee or agent, subcontractor in performing any function in relation to or affecting the goods the subject of the agreement; (b)For the purposes of the foregoing provisions of this clause the Company is and shall be deemed to be acting as agent on behalf of and trustee for the benefit of all persons who are or become its servants employees or agents from time to time and all such persons shall to this extent be and be deemed to be parties to the agreement concerned.
3.11 In addition to and without prejudice to the foregoing Conditions the customer undertakes that it shall in any event indemnify the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the customer’s instructions or their implementation or the goods including containers and in particular the customer shall indemnify the Company in respect of any liability it may be under to any servant, employee, agent or subcontractor, or any haulier, carrier, warehouseman, or other person whatsoever at any time involved with the goods arising out of any claim made directly or indirectly against any such party by the customer or by any sender, consignee or owner of the goods or by any person interested in the goods or by any other person whatsoever.
3.12 Without prejudice to any other Condition, the Company shall have the right to enforce any liability of the customer under these conditions or to recover any sums to be paid by the customer under these conditions not only against or from the customer but also if it thinks fit against or from the sender and/or owners and/or consignees of the goods.
4.1 At the Company’s sole discretion; (a)The Price shall be as indicated on invoices provided by the Company to the Customer in respect of Services supplied; or (b)The Price of the Services shall be the Company’s quoted Price that shall be binding upon the Company provided that the Customer complete documentation and signs Terms and Conditions.
4.2 The Company may by giving notice to the Customer increase the Price of the Goods to reflect any increase in the cost to the Company beyond the reasonable control of the Company. (including, without limitation, foreign exchange fluctuations, or increases in taxes or customs duties or insurance premiums or warehousing costs).
4.3 Time for payment for the Services shall be of the essence and will be stated on the invoice, consignment Note, airway bills, manifests or any other order forms. If no time is stated then payment shall be due at the date of this agreement
4.4 At the Company’s sole discretion, for certain approved Customers payment will be due either seven (7) or thirty (30) days following the date of the invoice.
4.5 The Company’s charges to the customers including freight shall be deemed fully earned on receipt of the goods by the Company and any of its servants, agents and shall be paid and non-returnable in any event, cargo lost or not lost or a voyage or flights broken up or abandoned. If there shall be a forced interruption or abandonment of a voyage or flight at the port or airport of shipment or elsewhere, any forwarding of the goods or any part thereof shall be at the risk and expense of the customer and the senders, owners and consignees.
4.6 The Customer shall be responsible for the timely return of any container to the person who owns or has a right to possession of the container in a clean and undamaged condition. The Customer agrees to indemnify the Company against any claim, liability or expense, including detention or demurrage charges, terminal storage and any associated charge which arise as a result of: a failure to collect the container, return the container, or a delay in the return of the container beyond the customary period allowed for container returns, or any damage to the container, or the container being returned in a dirty or contaminated condition, regardless of who failed or delayed in the return of the container or where or by whom the container was damaged, made dirty or contaminated.
4.7 The Customer shall indemnify the Company against any claim, liability or expense which arises as a result of delay in loading or unloading of the Customer’s Goods, or any waiting time, detention or demurrage for any truck or any other conveyance whatsoever.
4.8 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Company.
4.9 The Price shall be increased by the amount of any GST and other taxes and duties that may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Company.
4.10 Customs Duties and Taxes, along with any other costs or charges which the Company becomes liable to pay for any reason pertinent or related to the Goods and Documentation relating to the goods shall be payable by the Customer in full.
5.1 The Company’s charges including freight have been calculated on the basis on particulars furnished by, or on behalf on the customer. The Company may at any time open any container or any other package or unit in order to re-weigh, re-measure or re-value the contents and if the particulars furnished by or on behalf of the customer are incorrect, it is agreed that we will charge proportional additional charges accordingly whether by weight or dimensions plus a handling fee.
5.2 The Customer is responsible to the Company for payment of charges whether or not the Goods are delivered and/or the Services are provided as instructed and whether or not they are damaged
5.3 Except where the Company is instructed in writing to pack the Goods the customer warrants that all Goods have been properly and sufficiently packed and /or prepared. The customer warrants that the Goods have been packed, labelled and prepared in a manner adequate, having regard to their nature, to withstand the ordinary risks of removal, carriage and storage.
5.4 If the goods sustain damage by reason of defective or inadequate packaging or unpacking and the packing or unpacking (as the case may be) was not undertaken by Us or a Subcontractor, We will not be liable.
5.5 Delivery of the Goods shall be made to the Customer’s address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Customer at the Company’s address.
5.6 Where there is no agreement that the Company shall send the Goods to the Customer, delivery to a carrier at limited carrier’s risk at the expense of the Customer is deemed to be delivery to the Customer.
5.7 No insurance will be effected except upon express instructions given in writing from the Customer and in effecting any such insurances, the Company shall be deemed to be an agent only of the Customer (other than where by law the Company is deemed to be an agent of the insurer) and not as an insurer, insurance broker or other form of intermediary.
5.8 All insurances procured by the Company are as an agent only for the Customer (other than where by Law the Company is deemed to be an agent of the insurer) and all other and all such insurances are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk.
5.9 The Company shall not be under any obligation to effect separate insurance on each consignment but may declare it on any open or general policy
5.10 The Company is an agent only of the Customer in respect of the effecting of insurance ( other than where by law the company is deemed to be an agent of the insurer) and in any event should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its customer.
5.11 The Company shall not be liable: (a)For loss of or damage to Goods unless such loss or damage occurs whilst the Goods are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the wilful neglect or default of the Company or its own servants;(b)For any delay in delivery, forwarding or transit or failure to deliver Goods, any deterioration, contamination, evaporation or any consequential loss or loss of market however caused; (c) For failure to follow instructions given to it by or on behalf of the customer whether or not such failure is willful; (d)For any damage or expense arising from or in any way connected with marks, numbers, brands, contents, quality or description of any Goods; (e)For loss or damage resulting from fire, water, explosion, or theft whether caused by negligence of the Company’s servants or otherwise.
5.12 The liability of Sea and Air Carriers for loss of or damage to and delay in delivery of goods is limited by International Treaties, Rules and Regulations and that if a sea carrier in an emergency and to save such of the ship’s cargo as it can, fails to deliver the goods or diverts them to a place other than the intended destination you have limited rights against that carrier and you may be liable for general average contribution and salvage charges and or additional costs of onward carriage to the intended destination.
5.13 In the case of carriage by sea, the value will not be declared or inserted in the Bill of Lading for the purpose of extending the Shipowners’ liability under Article IV Rule 5(a) of Schedule 1 of the Carriage of Goods by Sea Act 1991 except upon express instructions given in writing by the customer.
5.14 In the case of carriage by Air, no optional declaration of value to increase the Air Carrier’s liability under the Carriage by Civil Aviation (Carrier’s Liability) Act 1959, Article 22(2) of Schedule 1 as amended by Schedule 2 will be made except upon express instructions given in writing to the customer.
5.15 Air Cargo will be subjected to security and clearing procedures.
5.16 In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and Goods will be forwarded or dealt with at owners risk or other minimum charges unless express instructions in writing to the contrary are given by the customer.
5.17 Instructions to collect payment on delivery (COD) in cash or otherwise are accepted by the Company upon the condition that the Company in the matter of such collection will be liable for the exercise of reasonable diligence and care only.
5.18 Perishable Goods, which are not taken up immediately upon 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 and payments or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the Goods shall be paid by the customer.
5.19 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 option at any time after the expiration of 21 days from a notice in writing sent to the address which the customer gave to the Company on delivery of the Goods. All charges and expenses arising in connection with the sale or return of the Goods shall be paid by the customer. A communication from any agent or correspondent of the Company to the effect that the Goods cannot be delivered for any reason shall be conclusive evidence of that fact.
5.20 Except under special arrangements previously made in writing the company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive Goods or any Goods likely to cause damage. Any person delivering such Goods to the Company or causing the Company to handle or deal with any such Goods (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties claims 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 such Goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other Goods or property. The expression "Goods likely to cause damage" includes Goods likely to harbour or encourage vermin or other pests and all such Goods as fall within the definition of hazardous and dangerous Goods in the legislation governing cartage by road or rail in the States and Territories of Australia.
5.21 Subject to express instructions in writing given by the customer and by the Company, the Company reserves to itself complete freedom of choice of means route and procedure to be followed in the handling and transportation of Goods.
5.22 If in the Company’s opinion it is necessary or desirable in the customer’s interests to depart from any express instructions, the Company shall be at liberty to do so.
5.23 Except under special arrangements previously made in writing the Company will not accept bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants and the Company will not accept any liability what ever for any such Goods except under special arrangements previously made in writing.
5.24 Pending forwarding and delivery Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Company at the customer’s or owner’s risk and expense.
5.25 The Goods shall be deemed to have been delivered as described unless notice of loss or of damage to the Goods indicating the general nature of such loss or damage shall have been given in writing to the Company or to its representative at the place of delivery before or at the time of removal of the Goods by a representative of the person entitled to delivery thereof or if the loss or damage be not apparent within three (3) consecutive days thereafter.
5.26 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that; (a) such discrepancy in quantity shall not exceed 5%, and (b) the Price shall be adjusted pro rata to the discrepancy.
6.1 By entering into any agreement to which these conditions apply, the customer on his own behalf and as agent of the owner, sender and consignee agrees and further offers to limit the liability of all servants, employees and agents of the Company in respect to the Goods and subject to the agreement to the extend that each such servant, employee and agent shall be protected by and entitled to the full benefit of all provisions in these conditions excluding or restricting tortuous liability of any kind; (a)The offer here in before referred to shall be accepted by the act of each such servant employee or agent in performing any function in relation to or affecting the Goods the subject of the agreement; (b)For the purposes of the foregoing provisions of this clause the Company is and shall be deemed to be acting as agent on behalf of the trustee for the benefit of all persons who are or become its servants, employees or agents from time to time and all such persons shall to this extent be and be deemed to be parties to the agreement concerned.
6.2 In addition to and without prejudice to the foregoing Conditions the customer undertakes that it shall in any event indemnify the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the customer’s instructions or their implementation or the Goods, and in particular the customer shall indemnify the Company in respect of any liability it may be under to any servant, agent or subcontractor, or any haulier, carrier, warehouseman, or other person whatsoever at any time involved with the Goods arising out of any claim made directly or indirectly against any such party by the customer or by any sender, consignee or owner of the Goods or by any person interested in the Goods or by any other person whatsoever.
7.1 The Company shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the Company within six months after delivery of the Goods or the date when the Goods should have been delivered. In the event that the said time period shall be found contrary to any convention or law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstances only.
8.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. 8.2 Liability of the Company arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the Trade Practices Act 1974 or howsoever arising, is limited to any of the following as determined by the Company. (a)The supplying of the services again; or (b)The payment of the cost of having the services supplied again; or (c)The lesser of AUD$200.00 for loss of or damage to any such Goods, packages or units or AUD$2.00 per kilogram or the gross weight for loss of or damage to any such Goods, packages or units or $20.00 per package or unit lost or damaged. For the purpose of this clause the word "package" shall include the contents even if particulars have been provided or incorporated in any document of the Company.
9.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
9.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all the Company’s costs and disbursements including on a solicitor and own client basis and in addition all of costs of collection.
9.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
9.4 All unpaid charges shall be paid in full and without any offset, counter claim or deduction, in the currency of the place of receipt of the Goods or at the Company’s option, in the currency of the place of delivery at the TT selling rate in affect on the day of payment. If the date determined above falls on a day which banks are closed for business, the rate ruling on the next succeeding business day shall govern.
9.5 In the event that: (a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due, Or; (b)the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, Or; (c)a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer, then without prejudice to the Customer’s other remedies at law; (i) the Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and (ii) all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
10.1 Notwithstanding anything to the contrary contained herein or any other rights which the Company may have howsoever: (a)Where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (b)Should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis. (c) To give effect to the provisions of clause
[10.1 (a) and (b)] inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Company and/or the Company’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Company and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Company’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
11.1 The Customer and/or the Guarantor/s agree for the Company to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Company.
11.2 The Customer and/or the Guarantor/s agree that the Company may exchange information about Customer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes: (a)To assess an application by Customer; (b)To notify other credit providers of a default by the Customer; (c)To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and (d) To assess the credit worthiness of Customer and/or Guarantor/s.
11.3 The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11.4 The Customer agrees that Personal Data provided may be used and retained by the Company for the following purposes and for other purposes as shall be agreed between the Customer and Company or required by law from time to time: (a) provision of Goods & Services; (b)marketing of Goods and or Services by the Company, its agents or distributors in relation to the Goods and Services; (c)analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods or Services; (d)processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and (e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and Services.
11.5 The Company may give, information about the Customer to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Customer; and or (b)allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
12.1 The charges of the Company shall be considered earned as soon as the Goods are delivered to the Company and, except as required by law, none of those charge will be refunded. The Company may charge by weight, measurement or value and may at any time reweigh, remeasure or revalue or require the Goods to be reweighed, remeasured or revalued and charge proportional additional charges accordingly. Except as required by law, the Customer is and remains responsible to the Company for all its proper charges whether or not the Goods are delivered and/or the Services are provided as instructed and whether or not they are damaged.
12.2 The Customer will indemnify the Company for all charges and liabilities arising in connection with the use of any container or containers including repair costs, cleaning costs and/or detention charges, demurrage and storage charges. The Customer’s indemnity will include any reasonable costs, either administrative or legal, incurred by the Company in recovering from the Customer any amounts owing, pursuant to this indemnity.
12.3 The Company, its servants and agents shall have a particular and general lien on any Goods and any documents relating to those Goods, and a right to sell the Goods and documents whether by public or private sale or auction without notice, for all sums payable by the Customer to the Company including freight, demurrage, container detention charges, storage charges, demurrage charges, terminal storage charges, container repair costs, container cleaning costs, duty, fines, penalties, salvage, average of any kind whatsoever and without limitation and for any and all debts, charges, expenses or other sums due and owing by the Customer or its servants or agents. In addition, the lien shall cover the costs and expenses of exercising the lien and of such a sale including reasonable legal fees. The lien and rights granted by this clause shall survive delivery of the Goods and the Company shall be entitled to retain the proceeds of sale of the Goods in respect of any outstanding amounts referred to in this clause. Where the proceeds of sale are not sufficient to cover all amounts payable to the Company, the Company is entitled to recover any deficit from the Customer.
The Company sells or otherwise disposes of such Goods and any other documents as principal and not as agent and is not the trustee of the power of sale.
12.4. The Customer and Company agree pursuant to section 115 of the Personal Properties Securities Act to contract out of sections 95, 96, 120 121, 123 and 125 and, to the extent permitted by law, Divisions 3 and 4 of the Personal Property Securities Act.
12.5. Every special instruction to the effect that charges shall be paid by a person other than the Customer shall be deemed to include a stipulation that if that nominated person does not pay those charges within seven (7) days of delivery or attempted delivery of the Goods, then the Customer shall pay those charges to the Company within seven (7) days of being notified of that person\’s failure to pay.
13.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 All Goods supplied by the Company are subject to the laws of New South Wales and the Company takes no responsibility for changes in the law which affect the Goods supplied.
13.3 The Customer shall not set off against the Price amounts due from the Company.
13.4 The Company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Company notifies the Customer of such change.
13.5 The Customer authorizes the Company and any Subcontractor to subcontract on any terms the whole or part of the provision of the Services.
13.6 All the rights, immunities and exemptions from liability in these terms and conditions shall continue to have their full force and affect in all circumstance and not withstanding any breach of this contract or of any of these terms and conditions by the Company or any other person entitled to the benefit or such provisions and irrespective of whether such may constitute a fundamental breach of contract or a breach of a fundamental term. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.7 Except as required by law, the Company shall not be responsible in negligence or contract or otherwise for loss, damage, costs, fines or penalties incurred by the Customer or any other person resulting from or arising out of or in connection with any quotation, advice, statement, representation or information given or made by or on behalf of the Company to the Customer or others as to the classification of or any matter material to the valuation of or the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax or rate charged in respect of the Goods or any cargo whatsoever. In giving or making any such quotation, advice, statement, representation or information the Company relies solely on the particulars provided by the Customer which warrants that those particulars accurately and completely describe all aspects of the Goods or cargo and the transaction(s) relating to the Goods or cargo.
13.8 In all cases where liability of the Company has not been excluded, whether by these Conditions, by statute or by international convention or otherwise, the liability of the Company whatsoever and howsoever arising is limited to:
(i) Australian $100 or the value of the Goods the subject of the Contract at the time the Goods were received by the Company, whichever is the lesser; or
(ii) in the case of a breach of an Australian Consumer Law Guarantee, the payment of the cost of having the Services supplied again. he Company shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement to so waive or vary shall be in writing and signed by an executive officer of the Company.
13.9.(i) Any claim for loss or damage must be notified in writing to the Company within seven (7) days of delivery of the Goods or of the date upon which the Goods should have been delivered.
(ii) In any event the Company shall be discharged from all liability whatsoever in connection with the provision of the Services and/or the Goods unless suit is brought and notice given within nine (9) months of the provision of the Services or delivery of the Goods or when the Services should have been provided or the Goods should have been delivered.
13.10.(i) All the rights, immunities and limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this Contract or of these Conditions by the Company or any other person entitled to the benefit of such provisions.
(ii) It is agreed that if any provision or any part of any provision of these Conditions is unenforceable such unenforceability shall not affect any other provision or any other part of such provision.
13.11 Notwithstanding anything herein contained, any Australian Consumer Law Guarantees that apply to the Services are not excluded. To the extent permitted by law, the liability of the Company for breach of an Australian Consumer Law Guarantee is limited to the payment of the cost of having the relevant Services supplied again.
13.12 These Conditions shall be governed by and construed in accordance with the laws of the State or Territory in which this Contract was made.
13.13 (i) This Clause 25 applies if the Company is or may become liable to pay GST in relation to any Supply under these Conditions.
(ii) Unless otherwise stated, all charges quoted are exclusive of GST. In addition to such charges, the Customer must pay GST on the Taxable Supply to the Company of an amount equal to the GST exclusive consideration multiplied by the GST Rate. GST shall be payable by the Customer without any deduction or set off for any other amount at the same time as the GST exclusive consideration is payable. In all other respects, GST shall be payable by the Customer to the Company upon the same basis as the GST exclusive consideration is payable by the Customer under these Conditions.
(iii) The Company must issue an Invoice or Invoices to the Customer for the amount of GST referrable to the Taxable Supply. The Company must include in any such Invoice such particulars as are required by the GST Law in order that the Customer may obtain an input tax credit for the amount of GST payable on the Taxable Supply.
(iv) If any part of the consideration is referrable to both a Taxable Supply and anything that is not a Taxable Supply, the amount of GST payable by the Customer shall be determined by the Company and shall be the same amount of GST that would be payable if the Taxable Supply were the only Supply made to the Customer.
(v) If the Customer makes default in the payment on the due date of any amount payable pursuant to Clause 25 (ii) then without prejudice to any other remedies of the Company, the Customer shall pay to the Company upon demand an amount equal to the amount of any damages or interest or additional GST that may become payable by the Company arising out of the default of the Customer.
I hereby certify that I am aware of, agree to and accept the Standard Trading Terms and Conditions of FUTURE CARGO PTY LTD and that the shipment particulars on the face hereof are correct. I certify that the consignment described herein does not contain any explosive or incendiary device or Dangerous Goods as classified according to the applicable Dangerous Goods Regulations.
I further verify that the internal / external packaging used complies with any applicable regulatory authority’s specified minimum standards and/or where no specifications are applicable, that I judge that the external & internal packaging is adequate to protect the integrity of the goods during normal handling conditions expected for the nominated mode of transport. I also agree that these instructions and all transactions, including but not limited to handling, service and transportation resulting therefrom shall be subject to the Standard Trading Terms and Conditions which are attached and we agree to pay any charges incurred in respect to these instructions including such charges if payable by a consignee or any other party nominated who refuse or fail to pay.