STANDARD TERMS AND CONDITIONS OF CONTRACT
These terms and conditions must be read having regard to the provisions of the Australian Consumer
Law (set out in Schedule 2 of the Competition and Consumer Act 2010) to the extent that those
provisions are applicable to consumers as defined under Section 3 of that Schedule 2. These terms
and conditions do not have the effect of excluding, restricting or modifying rights under the Australian
Consumer Law which cannot be excluded, restricted or modified by agreement.
1. (a) All and any business undertaken by Customs Clearance World Pty Ltd and/or Associated
and/or Subsidiary and/or Affiliated Companies (herein called “the Company”) is transacted
subject to these conditions each of which shall be deemed to be incorporated in and to be a
condition of any agreement between the Company and its customers. The Company only
deals with goods subject to these conditions. The Company is not a common carrier and shall
accept no liability as such;
(b) The Company in its sole and absolute discretion may refuse to deal with any goods without
assigning any reason therefore.
2. Any instructions given to the Company may in the absolute discretion of the Company be
complied with by the Company as agent for the customer as disclosed principal or by the
Company as principal contractor by its own servants performing part or all of the relevant
services or by the Company employing or instructing or entrusting the goods to others on such
other conditions as they may stipulate to perform part or all of the services. The customer
shall be bound by such other conditions and shall release the Company from liability and
indemnify the Company against any claims arising out of their acceptance.
3. Customers entering into transactions of any kind with the Company expressly warrant that
they are either the owners or the authorised agents of the owners of any and all goods or
property the subject matter of the transaction. By entering into the transaction they accept
these conditions for themselves and for all other parties on whose behalf they are acting and
they warrant that they have authority so to do.
4. 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. 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. 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.
6. The Company is entitled to retain and be paid all brokerages, commissions, allowances and
other remunerations retained by or paid to Ship Forwarding Agents (or Freight Forwarders)
and Insurance Brokers.
7. Quotations are given on the basis of immediate acceptance and subject to the right of
withdrawal before acceptance and revision after acceptance. If any changes occur in the
rates of customs duty, freight, warehousing, insurance premiums or other charges applicable
to the goods, quotations and charges shall be subject to revision accordingly with or without
notice.
8. The customer, and the senders, owners 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, dimensions, weights and other particulars furnished to the Company for customs,
consular, road transport 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, willful act or
omission.
9. 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.
10. 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.
11. 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, which arise as a result of : a failure to 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.
12. 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.
13. (1) The Company’s charges to the customer including freight shall be deemed fully earned
on receipt of the goods by the Company and shall be paid and non-returnable in any event
and whether goods are lost or not lost or a voyage or flight is 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 of the sender, owner and consignee.
(2) All unpaid charges shall be paid in full and without any offset, counterclaim 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 effect 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.
(3) The Company’s charges including freight have been calculated on the basis of particulars
furnished by, or on behalf of 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 a sum equal to either five times the difference between the correct freight
and the freight charged, or double the correct freight less the freight charged, whichever
sum is smaller, shall be payable as liquidated damages to the Company.
14. No insurance will be effected except upon express instructions as to the risks to be insured
against and the value or values to be declared in writing by the customer and all insurances
effected by the Company subject to the usual exceptions and conditions of the policies of
the insurance company or underwriters accepting the risk. The Company shall not be
under any obligation to effect a separate insurance on each consignment but may declare
it on any open or general policy. 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.
15. The Company shall not be liable for any loss, damage, cost, expense, penalty or fine suffered
by the customer or any other person, howsoever 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 willful 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 or negligent;
d) In any way connected with marks, numbers, brands, contents, quality, value, weight,
dimensions 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;
16. (a) The Company shall not be liable under any circumstances for any claim, cost, expense,
loss or damage, penalty or fine resulting from or attributable to any quotation, statement,
representation or information whether oral or in writing howsoever, where so ever 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.
17. Unless a Convention or law limiting the Company’s liability to a greater amount
compulsorily applies, 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 Australian Consumer Law 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 A$200.00 for loss of or damage to any such goods, packages or units or
A$2.00 per kilogram of the gross weight for loss of or damage to any such goods,
packages or units or A$20.00 per package or unit lost or damaged.
For the purposes of this clause the word “package” shall include the contents within that
“package” for the purpose of calculating any limitation of liability, even if separate
particulars have been provided or incorporated in any document of the Company.
18. 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 circumstance
only.
19. (a) 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 Ship owners’ liability under the Carriage of Goods
by Sea Act 1991 except upon express instructions given in writing by the customer.
(b) In the case of carriage by air, no optional declaration of value to increase the Air
Carrier’s liability under the Civil Aviation (Carrier’s Liability) Act 1959 will be made except
upon express instructions given in writing by the customer;
(c) 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 on the basis of minimum charges unless express instructions in writing to the
contrary are given by the customer.
20. 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 due care and skill only.
21. 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 payment 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.
22. 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.
23. 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 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. If 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 harbor or encourage vermin or
other pests.
24. 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 accept no liability whatsoever for any such goods.
25. 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.
26. All goods and documents relating to goods shall be subject to a particular and general lien
for monies due either in respect of such goods or any particular or general balance of other
monies due from the customer, the sender, owner or consignee to the Company. If any
monies due to the Company are not paid within one calendar month after notice has been
given to the person from whom the monies are due that such goods are detained, they
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
particular and general lien. The customer agrees and acknowledges the Company is
entitled in its discretion to register its particular and general lien as a security interest on
the register established under the Personal Property Securities Act 2009 (Cth) and the
Company has provided consideration for that security interest, by delivery of its promises
under this agreement.
27. (a) By entering into any agreement to which these conditions apply, the customer on its
own behalf and as agent of the owner, sender and consignee agrees and further offers to
exclude or limit the liability of all servants, employees and agents of the Company and all
subcontractors (including servants, employees and agents of the subcontractors) in
respect of the goods and subject to the agreement to the extent that each such
subcontractor, servant, employee and agent shall be protected by and entitled to the full
benefit of all provisions in these conditions excluding or restricting tortious liability of any
kind;
(b) The offer hereinbefore referred to shall be accepted by the act of each such
subcontractors, servant employee or agent in performing any function in relation to or
affecting the goods the subject of the agreement;
(c) 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 subcontractors, 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.
(d) The customer undertakes that no claim or allegation shall be made by the customer or
any other person in respect of the goods or the services which imposes or attempts to
impose any liability whatsoever and howsoever arising (including negligence) against any
servant, employee and agent or any subcontractor (including servants, employees and
agents of the subcontractor).If such a claim should nevertheless be made, the customer
shall indemnify the Company and the person against whom the claim is made against the
consequences of such claim or allegation.
28. In addition to and without prejudice to the foregoing the customer undertakes that it shall
in any event indemnify the Company against all loss, damage, liability, claim, cost, expense,
penalty or fine 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.
29. 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
it against or from the sender and/or owner and/or consignee of the goods.
30. 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 provision in any such form which is contrary
to any provision of these conditions shall to the extent of such inconsistency be
inapplicable.
31. 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 consecutive days thereafter.
32. No agent or employee of the Company has the Company’s authority to alter or vary these
conditions.
33. All the rights, immunities and exemptions from liability in these terms and conditions shall
continue to have their full force and affect in all circumstances 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 of such provisions and irrespective of whether such
may constitute a fundamental breach of contract or a breach of a fundamental term.
34. These conditions shall be governed by and construed in accordance with the laws of the
State or Territory in which this contract was made.
