1. Definitions of Terms used
The terms and conditions of Ausie Logistics PTY LTD (ABN 21 633 196 764) include various terms, these are as described below:
a.”Seller” denotes Ausie Logistics and its successors or any person serving on behalf of Ausie Logistics.
b. “Subcontractor” means and includes:
(i) Railways or airways operated
(ii) any other person or entity with whom Seller Agreements can make the transport or storage of one of the goods that are the subject of the contract; or
(iii) any person who is, now or hereafter, a servant, agent, employee, or subcontractor of any of the persons named in sections 1.2(I) and 1.2(II).
c.”Buyer” means the buyer or any person or persons serving on behalf of and with the acting authority of the buyer. If more than one buyer has entered into this agreement, the buyers shall be jointly and severally liable for all payments of the price.
d. “Consignee” means the person to whom the goods are delivered through Seller’s Services.
e.” Guarantor” means the individual or entity that presently agrees shall be liable for Buyer’s debts on a principal basis.
f.“Goods” means cargo together with containers and packaging to be transported from one location to another via the Seller Services or to be stored by Seller.
g. “Services” means all services provided by Seller to Buyer and are as set out in the quotations, invoices, purchase orders, or any other form that the seller makes available to the buyer and contains advice or recommendations.
h. “Price” means the cost of the Services as agreed between Seller and Buyer.
2. Acceptance
a. Any instruction Seller receives from Buyer to perform Services shall be deemed acceptance of the terms and conditions contained herein.
b. Upon acceptance of these Terms and Conditions by Buyer, the Terms and Conditions are irrevocable and may only be terminated under these Terms and Conditions or with the written consent of Seller’s manager.
c. These Terms and conditions should be read in conjunction with any quotation, bill of lading, agreement, air waybill, manifest or other form provided by Seller to Buyer. In the event of any conflict between these documents, the terms contained herein shall control.
d. Buyer shall notify Seller in writing in advance of any proposed change of ownership.
e. Buyer shall be liable for any loss suffered by Seller as a result of Buyer’s breach of this clause.
3. Price And Payment
a. At the Seller’s sole discretion, the price is:
(i) as it will be specified in the invoices provided by the seller to the buyer about the services provided; or
(ii) the price offered by Seller (subject to clauses b and c), which shall be binding on Seller provided that Buyer accepts Seller’s offer within thirty (30) days in writing.
b. Seller may increase the price for Services to reflect an increase in Seller’s costs beyond Seller’s reasonable control (including but not limited to currency fluctuations or increases in taxes, duties, insurance premiums, or storage costs).
c. Seller may calculate freight by weight, measure, or value, and re-weigh, re-value, or re-measure if required. Goods are to be re-weighed at any time or re-evaluated or metered and charged an additional freight pro rata.
d. Time for payment of services is of the essence. and will appear on the invoice, bill of lading, manifest, or another form.
e. Payment is done by cash or check or by bank transfer by check or by credit card (plus a surcharge of the price) or by direct credit or other method agreed between Buyer and Seller.
f. GST and other applicable taxes and fees will be added to the price unless specifically included in the price.
4. Seller is not an ordinary carrier
The seller is not an ordinary carrier and accepts no liability as such. All items will be shipped or transported by truck and all warehousing and other services will be performed by the seller solely under these conditions. Seller reserves the right to refuse carriage or transportation of any item to any person, company, or entity, and to refuse carriage or transportation of any type of item.
5. Method of Transportation
If the Buyer directs the Seller to use a particular method of transportation, whether, by road, rail, sea, or air, the Seller controls the specified method to give priority, but if the seller is unable to reasonably undertake that method, the buyer is deemed to authorize the seller to transport the goods or have them transported, by some other method or methods.
6. Accrued Charges
Seller’s charges, in the case of goods for transportation, shall be deemed to be accrued once the goods are loaded and dispatched from the buyer’s premises.
7. Dangerous Goods
Unless otherwise agreed in writing by Seller, Buyer or its authorized representative shall not offer explosive, combustible, or other dangerous goods for shipment or storage. The buyer is responsible for any loss or damage caused by dangerous goods and hereby indemnifies the seller.
8. Consignment note
It is agreed that the person delivering goods to the Seller for carriage or forwarding is authorized to sign the consignment note to the Buyer.
9. Buyer’s Responsibilities
Buyer expressly warrants to Seller that Buyer is the owner or the authorized representative of the owner of any property or property subject to this Agreement. of transport and/or storage and by entering into this contract, the buyer accepts these contractual conditions for the recipient and for all other persons on whose behalf the buyer is acting.
10. Delivery
a. The Seller shall be entitled to deliver the Goods to the address specified by the Buyer for that purpose and it is expressly agreed that the Seller shall consider the Goods to have been delivered by this Contract if the Seller receives a receipt or a signed delivery note for the goods.
b. The seller may deliver the goods in separate installments (according to the agreed delivery schedule). Each installment will be invoiced and paid by the terms of this agreement.
c. Delivery of the Goods to a third party nominated by Buyer shall be deemed to have been delivered for this Agreement.
d. It is the sole responsibility of the buyer to properly address each shipment and provide written shipping instructions to enable effective delivery.
11. Loss or Damage
a. Subject to any statutory provision that requires liability for loss of or damage to the goods (including but not limited to chilled, frozen, chilled, or perishable goods):
(i) Seller shall not be liable for any damage, loss, deterioration, delivery, late delivery, or non-delivery of the Goods (whether or not the Goods are or have been in Seller’s possession) or for any instruction, advice, information, or service provided by any person given or provided, whether about the Goods or any other thing or matter or for any consequential or indirect loss, commercial loss or delay.
(ii) Buyer represents Seller from any claim of any kind, whether caused or arising, made by any person in connection with any matter or thing taken care of by the seller.
12. Security
a. Buyer acknowledges that:
(i) the Goods shall be transported and stored at Buyer’s expense and risk and not at Seller’s risk; and
(ii) the Seller is under no obligation to insure the Goods and it remains the Buyer’s responsibility to ensure that the Goods are adequately insured, if at all; and
the goods are adequately or not insured.
13. Cancellation
The Seller may discontinue any agreement to which these Terms and Conditions apply or cancel the delivery of goods at any time before the goods are delivered by giving written notice to the Buyer. On giving prior notice the Seller shall pay back to the Buyer any amounts paid for the goods.
14. General
a.If any provision of these Terms and Conditions is held invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected.
b. Buyer shall not be entitled to offset or deduct from the price any amounts owed or required by Seller.
c. Seller reserves the right to change these general Terms and Conditions at any time. If, after such review, changes are made to these Terms and Conditions, such change will be effective on the date Seller notifies Buyer of such change.
d. Neither party shall be liable for any breach of acts of God, war, terrorism, strike, lockout, labor dispute, fire, flood, storm, or any other event, arising out of the reasonable control of either party.
e. The Terms and Conditions outlined in this are outlined and prevail over the terms and conditions outlined by the Buyer, Owner, or any other person, who has an interest in the goods and intends to obtain the contractual effect.
f. Seller’s failure to enforce any provision of these Terms and Conditions shall not be deemed.