Navigation

Terms & Conditions

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS govern the provision of freight collection and forwarding brokerage services to you, the Customer incorporating the following: defined in the Schedule by TRANSPORT ANJD LOGISTICS SPECIALISTS (ABN 660093 666 043) of Factory 4, 160 New Street, Ringwood North, Victoria (“TLS”).

These Terms and Conditions shall apply to each and every service provided by Transport and Logistics Specialists and may only be varied amended or waived in writing signed by or on behalf of the party against whom the amendment variation or waiver is to be alleged.

  1. Transport and Logistics Specialists shall undertake the broking of freight collection and forwarding services for the Customer as from time to time requested by the Customer (each request being referred to as a “Freight Job” and the services required to undertake and complete the Freight Job as the “Services”)..
  2. In accepting the Services the Customer acknowledges that Transport and Logistics Specialists is not a common carrier and has none of the obligations or liabilities of a common carrier.
  3. Transport and Logistics Specialists shall undertake the Services as principal in the carrying on of its own business. Nothing herein shall effect or constitute a relationship of agency between Transport and Logistics Specialists and the Customer.
  4. Transport and Logistics Specialists shall charge its agreed rates for Services which charges shall be levied in accordance with any quotation provided by Transport and Logistics Specialists or otherwise at its rates for service prevailing from time to time. The Customer covenants and undertakes to meet and discharge its liability to Transport and Logistics Specialists in strict accordance with the terms of provision of service of Transport and Logistics Specialists as from time to time notified by Transport and Logistics Specialists to the Customer.
  5. The Customer authorizes and empowers Transport and Logistics Specialists (subject to any special instruction which may be issued by the Customer from time to time and accepted as a term of engagement by Transport and Logistics Specialists) to arrange and facilitate the collection and forwarding of the freight the subject of each Freight Job on behalf of the Customer on such terms and in such manner as Transport and Logistics Specialists shall in its absolute discretion determine. Transport and Logistics Specialists is expressly authorized to accept on behalf of the Customer any terms and conditions of any Bill of Lading or other form or term of contract used by any carrier procured by Transport and Logistics Specialists to carry the Customer’s goods (“TLS Carrier”) and Transport and Logistics Specialists is further expressly authorized to enter into such arrangements or agreements with any TLS Carrier as Transport and Logistics Specialists may determine necessary or expedient for that purpose or to secure payment for the services so rendered.
  6. Transport and Logistics Specialists may delegate, sub-contract or engage any other party to carry out or discharge any of the Services otherwise to be provided by Transport and Logistics Specialists to the Customer. Without limiting the generality of the foregoing Transport and Logistics Specialists may in its absolute discretion engage any TLS Carrier, which may operate as common carrier, forwarding agent or shipping agent (as it may deem necessary or expedient) for the purpose of the freighting of the Customer’s goods.
  7. The Customer acknowledges and agrees that at any time and from time to time the Customer’s goods may be warehoused or otherwise held at a place or places pending their removal and freighting or delivery. Goods so held shall be held absolutely at the Customer’s risk and expense and any cost incurred by Transport and Logistics Specialists shall constitute a charge leviable upon the Customer as a charge for service.
  8. Transport and Logistics Specialists shall be entitled to levy and the Customer shall be obliged to pay and discharge accounts rendered by Transport and Logistics Specialists notwithstanding any failure to collect or deliver goods of the Customer for any reason whatsoever including without limitation :
    1. The consignee of such goods refusing to pay any cost or expense to be paid by it or the consignee refusing to take delivery of goods;
    2. Delivery of the goods otherwise being frustrated by, inter alia, the death or insolvency of the consignee, a failure to locate the consignee or otherwise.
    3. The goods perished in transit.
  9. The Customer’s goods the subject of a Freight Job shall be freighted at the Customer’s own risk and Transport and Logistics Specialists shall not be liable to the Customer on any account whatsoever for any loss or damage occasioned to the goods at any time from the time of their initial collection to the time of their delivery to the consignee. The Customer acknowledges and agrees that Transport and Logistics Specialists carries on business as a facilitator of or coordinator of the freighting of goods whereby the collection and carrying of those goods is undertaken by another party. The Customer acknowledges and agrees that it will be bound by any terms and conditions of carriage or cartage imposed by any TLS Carrier.
  10. The Customer acknowledges and agrees that as between the Customer and Transport and Logistics Specialists the Customer’s goods shall be deemed in the period in which Transport and Logistics Specialists provides Services to be goods in the possession of Transport and Logistics Specialists. The Customer grants to Transport and Logistics Specialists a general lien for all costs charges and expenses which become due to Transport and Logistics Specialists by the Customer on any account (whether in respect of any actual goods being carried or any other goods). Transport and Logistics Specialists is authorized (in the case of perishable goods forthwith and in any other case upon the expiration of one month) to store such goods in such place and such manner as Transport and Logistics Specialists shall think proper or open any package containing goods and sell such goods or any part thereof on such terms and in such manner as it thinks fit and apply the proceeds in discharge of the lien and the costs of sale. In neither case shall Transport and Logistics Specialists be liable on any account whatsoever to the Customer. The Customer acknowledges and agrees that the provision herein contained is inserted to better secure the obligations of the Customer to pay monies due to Transport and Logistics Specialists for the provision of services.
  11. Separately and independently the Customer charges in favor of Transport and Logistics Specialists with the payment of any and all amounts at any time and from time to time due to Transport and Logistics Specialists by the Customer any goods of the Customer at any time in the possession of Transport and Logistics Specialists or any TLS Carrier engaged by Transport and Logistics Specialists to carry or cart the Customer’s goods.
  12. The Customer shall expressly declare and make known to Transport and Logistics Specialists and to any TLS Carrier in writing the name nature and value of goods subject to special rates of carriage or goods of a noxious, dangerous, hazardous or inflammable nature and, without limiting the generality of any other clause, all such goods shall be carried and conveyed absolutely at the Customer’s own risk.
  13. The Customer indemnifies and holds forever harmless Transport and Logistics Specialists against any claim, cause, action or suit brought against Transport and Logistics Specialists seeking monies on any account whether for services rendered or by way of compensation for loss and damage and arising out of whether directly or indirectly the provision by Transport and Logistics Specialists of Services or the carriage of the Customer’s goods.
  14. In the event of goods being damaged or lost in transit as part of or otherwise in connection with a Freight Job as a direct result of carrier negligence, each claim for compensation will be investigated separately by Transport and Logistics Specialists. Any due compensation will be passed onto the client and any subsequent transport charges will be credited to the clients account.
  15. Transport and Logistics Specialists is expressly authorized and empowered (and the Customer expressly acknowledges Transport and Logistics Specialists right to do so) to withhold any paper, document or writing concerning the Customer’s goods or their carriage or their delivery pending payment by the Customer of any amount due and payable to Transport and Logistics Specialists.
  16. To the maximum extent possible at law each and every warranty or implied term or condition imposed under any legislation whether Commonwealth or State which is capable of exclusion or modification is hereby excluded or modified in accordance with the terms of this Agreement.
  17. These Terms shall be governed and construed by and in accordance with laws of the State of Victoria and the parties consent to the jurisdiction of the Courts thereof.
  18. PAYMENT TERMS
    1. No separate agreements/arrangements contrary to the conditions covered by this quotation will apply or be accepted as a basis for short payment of account or credit claims.
    2. All charges for Services provided as part of or otherwise in connection with a Freight Job and, in this regard, within the terms of this quotation, will be processed on a weekly statement and will be due and payable strictly 14 Days Date of Invoice.
    3. In the event of cessation of trading with Transport and Logistics Specialists, trading terms will revert to 7 days of invoice/statement date from the date of cessation notice.
  19. Transport and Logistics Specialists reserves the right to apply interest charges at the applicable rate pursuant to the Penalty Interest Rates Act from time to time to payments outside agreed trading terms.
  20. An account keeping charge of $5.95 per invoice will apply and is payable in line with our trading terms.
  21. The attached rates are based on anticipated trade as agreed. Any variation to this trade may result in the above rates being reviewed by the prospective carriers.
  22. INSURANCE
    1. Consistent with industry practice, Transport and Logistics Specialists and any TLS Carriers engaged by Transport and Logistic Specialists for the purposes of completing a Freight Job do not accept any liability for loss or damage, non delivery or miss delivery of the freight, howsoever caused. The rates quoted above are based on this fact and do not include insurance.
    2. It is your responsibility to arrange the necessary insurance to protect you against any loss or damage to your goods. If you fail to or choose not to take out appropriate insurance cover then you do so at your own risk.