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Doing Business With Us
As with all business relationships, they are subject to certain terms and conditions.
All business undertaken by Summit Global Logistics on behalf of its clients
is covered by the company's official Standard Trading Conditions below. Once
Summit Global Logistics commences to act on behalf of a client in regards to
a freight movement or Customs transaction, this commencement implies the acceptance
of the client of the Standard Trading Conditions below.
STANDARD TRADING CONDITIONS
All and any business undertaken by the Company shall be subject to the terms
and conditions of this contract that are as follows:
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Definitions
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| 1. |
"Company" shall mean Summit Sea & Air Pty Ltd and Summit
Sea & Air (VIC) Pty Ltd trading as Summit Global Logistics, their
employees, servants, and subsidiaries and/or associated entities.
"Customer" shall mean the shipper, consignor, the receiver,
the consignee, the owner of the Goods, the bailor of the Goods or the
person for whom any of the Services are performed.
"Goods" shall mean the chattels, articles or things tendered
for carriage or bailment or other services by the Customer and shall include
the container or containers, unit load devices or other packaging containing
the same and any other pallet or pallets delivered with the same to the
Company.
"Services" shall mean the storage/warehousing, carriage, transport,
movement, customs clearance and/or any other service performed or arranged
by the Company pursuant to, or ancillary to, this contract with the Customer.
"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 or to any person or animals or to any thing in
which those goods are carried, handled or stored.
"Valuables" shall mean bullion, coins, precious stones, jewellery,
antiques, or works of art.
"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.
"Subcontractor" shall mean and include:-
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(i)
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Any person, firm or company with whom the Company may arrange to effect
any Service in respect of the Goods which are the subject of this contract.
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(ii) |
Any person, firm or company that is now or hereafter a servant, agent,
employee or subcontractor of any of the persons or entities referred to
in (i) above.
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(iii) |
Any other person, firm or company (other than the Company) by whom the
Services or any part thereof are arranged, performed or undertaken.
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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 and corporation where appropriate. |
Not a Common Carrier
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| 2. |
The Company is not a common carrier and accepts no liability
as such. Services are arranged or performed by the Company subject only
to these conditions of contract that 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 carriage of the Goods for any customer
or any other Service whether before or after the carriage or Service has
commenced and further reserves the right to open and inspect all Goods at
its discretion and at the Customer's expense. |
Agency and Subcontracting
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| 3. |
| (a) |
Subject to and in accordance with the terms and conditions and instructions
contained in this contract, the Company agrees and the Customer hereby
employs and authorises the Company, as agent for the Customer, to
contract either in its own name as principal or as agent with any
Subcontractor for the performance of any Service to be performed or
arranged by the Company pursuant to, or ancillary to, this contract.
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| (b) |
Any such contract may be made on any terms of contract whatsoever
used by the Subcontractor with whom the Company may contract for such
Service(s) and may be made upon any terms and subject to any conditions
of any special contract which the Subcontractor may in any particular
case require, including in every case terms which may limit or exclude
liability in respect of the Service and any term that the Subcontractor
may employ any person, firm or company for performance of the Service.
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| (c) |
Similarly, the Customer authorises any Subcontractor whose services
have been subcontracted in respect of any of the Services to further
subcontract any of the Services to any other party or Subcontractor
on the same terms as provided to the Company above. Any Subcontractor's
terms are available from the Company upon request.
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| (d) |
The Company may, and is hereby expressly authorised by the Customer,
to delegate its authority hereunder to contract for the performance
of any Service in respect of the Goods to such other Subcontractor
as it may think fit and if it thinks fit may, and is hereby expressly
authorised by the Customer, to constitute the relation of principal
and agent between the Customer and Subcontractor for the purpose of
contracting for such Service.
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| (e) |
The Customer undertakes that no claim or allegation shall be made
against any Subcontractor or other party by whom a Service is arranged,
performed or undertaken (other than the Company) which imposes or
attempts to impose upon any such party or any vessel owned by any
such party any liability whatsoever in connection with the Goods whether
or not arising out of negligence on the part of such party and if
any such claim or allegation should nevertheless be made to indemnify
the Company against all consequences thereof. Without prejudice to
the foregoing, every such party shall have the benefit of all provisions
herein benefiting the Company as if such provisions were expressly
for his benefit, and in entering into this contract, the Company,
to the extent of these provisions, does so not only on his own behalf,
but also as agent and trustee for such parties. |
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Warranties by the Customer
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| 4. |
| (a) |
The Customer warrants that the person delivering the Goods to the
Company is authorised to sign the Customer's letter of instruction
or waybill which includes these conditions and warrants that he has
the authority of the person owning or having an interest in the Goods
or any part thereof. Without prejudice to the foregoing warranty,
the Customer undertakes to indemnify the Company in respect of any
liability whatsoever or howsoever caused in respect of the Goods to
any person who claims to have, has or may acquire an interest in the
Goods or any part thereof.
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| (b) |
The Customer warrants the accuracy of all markings and brandings
of the Goods, descriptions, values and other particulars furnished
to the Company for the carriage, customs, consular and any other purposes
and undertakes to indemnify the Company against all loss, damage,
expenses and fines arising from any inaccuracy or omission in this
respect.
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| (c) |
The Customer warrants that the performance of any Service provided
or arranged by the Company to effect the instructions of the Customer
in respect of the Goods shall not be in breach of any law.
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Limitation and Exclusion of Liability
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| 5. |
| (a) |
The value of the Goods will not be declared so as to
extend the Company's liability as provided for in this contract or
under any other mandated applicable law (including the Carriage of
Goods by Sea Act (1991)(Cth), the Maritime Transport Act (1994)(NZ),
the Civil Aviation (Carriers Liability) Act (1959)(Cth), the Carriage
by Air Act (1967)(NZ) or any of the international conventions referred
to therein or otherwise compulsorily applicable and as amended from
time to time) except on express written instructions given by the
Customer to the Company.
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| (b) |
In all other cases where there is a choice of rates
according to the extent of liability assumed by the Company, carrier,
warehouseman and/or other Service provider or other company or entity,
no declaration will be made for the purpose of extending liability
and the Goods will be forwarded or dealt with at the Customer's or
owner's risk unless express written instructions to the contrary are
given by the customer.
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| (c) |
In all cases where liability has not been excluded or limited by
this agreement or by mandated applicable statute, convention or
law, the liability of the Company is limited to the lesser of AUD$100.00
or the value of the Goods the subject of the agreement at the time
the Goods were received by the Company. In all cases, where liability
cannot be excluded or limited by this agreement, the liability of
the Company for breach of any condition or warranty for Goods or
services is limited to any one or more of the following as determined
by the Company at is absolute discretion:-
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| (i) |
in the case of services:
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(1)
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the supply of services again; or
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(2) |
the payment of the cost of having the services supplied again.
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| (ii) |
in the case of goods as defined by the Trade Practices Act (Cth)
1974 and not as defined in these terms and conditions:
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(1) |
the repair of the goods;
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(2) |
the payment of the costs of having the goods repaired;
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(3) |
the replacement of the goods or supply of equivalent goods;
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(4) |
the payment of the cost of replacing the goods or acquiring equivalent
goods.
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| (d) |
Subject to the terms and conditions in this contract,
the Company shall not be liable for any loss or damage suffered by
the Customer or any other person, howsoever caused or arising, whether
caused by the negligence and/or recklessness and/or wilful misconduct
of the Company's servants, agents, employees, subcontractors or otherwise,
nor from any loss or damage resulting from or attributable to any
quotation, statement, representation or information, oral or written,
made or given on behalf of the Company or its servants, agents, employees
or subcontractors as to the classification of, liability for, amount,
scale or rate of customs duty, excise duty or other impost or tax
applicable to any goods in carriage or subject of any Service.
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| (e) |
Without limiting the generality of the foregoing, the
Company shall in no circumstances be liable for direct, indirect or
consequential loss or damage by delay or any other cause whatsoever
and howsoever caused. The Company does not undertake that the Goods
shall arrive at the port of discharge or place of delivery at any
particular time or to meet any particular market or use. Without prejudice
to the foregoing, if the Company is found liable for delay, liability
shall be limited to the lesser of: the actual amount of the loss;
2.5 times the sea freight payable for the Goods delayed; or the total
amount payable as sea freight for all of the Goods shipped by the
Merchant.
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| (f) |
Further without limiting the generality of the foregoing,
the Company shall not be liable for any loss or damage suffered by
the Customer or any other person as a result of a failure or inability
of the Company or Subcontractor to collect or receive C.O.D. payments
from any consignees or their agents whether caused by the negligence
of the Company's servants, agents, employees, Subcontractors or otherwise.
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| (g) |
It is hereby agreed between the Customer and the Company
that the Customer's right to compensation for any claim for loss or
damage will only be maintained provided the following is strictly
adhered to:
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(i) |
Any claim for damage to Goods must be lodged in writing
to the Company within 7 days of delivery of the Goods or the date
Services are completed, whichever date occurs first;
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(ii) |
Any claim for loss/non-delivery of Goods must be notified
in writing to the Company within 60 days from the date the Goods should
have been delivered or the Services should have been completed, whichever
date occurs first;
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(iii) |
Any right to damages against the Company shall be extinguished
unless action is brought within 6 months from the date of this contract
or the date the Services were completed or Goods delivered, or the
date the Services should have been completed or the Goods should have
been delivered, whichever date occurs first.
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| (h) |
It is specifically agreed that all rights, immunities
and limitations of liability granted to the Company by the provisions
set forth in this contract shall continue to have their full force
and effect in all circumstances and notwithstanding any breach of
the contract or any condition hereof by the Company. |
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Loading and Unloading on and from Transportation Vehicle
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| 6. |
| (a) |
The Customer shall be responsible for the cost of and arranging
for the loading and unloading of the Goods on and from the relevant
transportation vehicle.
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| (b) |
In the event that there is a delay in the loading or unloading of
the Goods by reason other than the default of the Company, the Customer
shall be liable for the Company's expenses incurred by reason of the
delay, including demurrage costs as notified by the Company orally
or in writing from time to time or available upon request.
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| (c) |
The Customer shall provide adequate and suitable facilities and
equipment for loading and unloading the Goods from the relevant transportation
vehicle. The Customer also warrants that the Goods will be suitable
for carriage in such vehicle.
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| (d) |
The Customer has the right to inspect the transportation vehicle
before the loading of the Goods. Absent any inspection or complaint,
the transportation vehicle will be deemed to be in adequate and suitable
condition for the carriage of the Goods. Thereafter, the Customer
shall have no rights against the Company with respect to the condition
of the vehicle and the Company will have no liability in respect of
any loss or damage caused by the inadequate or unsound condition of
the vehicle. |
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Warehousing
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| 7. |
The Goods may at any time be warehoused or otherwise held
at any place or at any time be removed from any place at which they may
be warehoused or otherwise held to any other place to be warehoused or otherwise
held at the sole discretion of the Company. In every case, whether warehousing
is incidental or the primary Service provided by the Company, it will be
provided at the Customer's risk and expense as a primary charge(s) or a
charge(s) incidental to or in connection with the carriage of the Goods
or any Service hereunder. |
Customer's Indemnity
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| 8. |
| (a) |
The Customer shall indemnify the Company in respect of any claim,
loss, damage, payment, fine, expense, duty, tax, impost or other outlay
whatsoever or howsoever caused, whether arising directly or indirectly
from any Service arranged or performed by the Company in respect of
Goods and/or in respect of any such cost incurred as a result of any
breach of the terms, conditions or warranties in this contract by
the Customer.
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| (b) |
Without limiting the generality of the foregoing, the Customer shall
remain responsible to the Company for all charges (C.O.D. or otherwise)
paid by the Company to any of its agents or Subcontractor which are
not subsequently paid to the Company by the consignee.
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| (c) |
The Customer shall indemnify the Company in respect of any loss
or damage arising from any inherent defect, quality or vice of the
Goods.
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| (d) |
The Customer hereby exempts the Company from all or any liability
in respect of any indirect or consequential loss or damage arising
from the Services performed in respect of the Goods including loss
of market, loss or profit or loss of contracts howsoever caused. |
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Insurance
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| 9. |
The liability of the Company is defined and limited to any
amount stated for specified loss and damage. Customer is therefore advised
to seek its own insurance cover generally. No insurance will be effected
by the Company except on express instructions in writing from the Customer
and any insurances so effected will be subject to the usual exceptions and
conditions of policies of the insurance company or underwriters taking the
risk and the Company shall not be under any obligation to effect separate
insurance on each consignment but may declare it on any general policy.
Should such insurers dispute liability for any reason, the Customer as insured
shall have no recourse against the Company whatsoever and any recourse by
the Customer shall be against the insurers. |
Subcontracting
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| 10. |
The Company and any Subcontractor shall be entitled to subcontract
on any terms the whole or any part of the Services and any exemption, limitation,
condition herein contained and every right, exemption from liability, defence
and immunity applicable to the Company or to which the Company is entitled
shall be available and extend to protect all Subcontractors, every agent
or servant of the Company, every other person by whom the carriage or Services
or any part thereof is performed and all persons who are or may be vicariously
liable for the acts or omissions of any of the persons other than the Company
mentioned herein. Similarly, every right, exemption from liability, defence
and/or immunity applicable to any Subcontractor shall be available and extend
to protect the Company. Throughout the term of the contract, the Company
shall be deemed to be acting as agent or servant on behalf of all such persons
who shall to this extent be deemed to be the parties to this contract. |
Quotations
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| 11. |
Quotations for the Services are made on an immediate acceptance
basis and are subject to withdrawal or revision without notice at the Company's
discretion. |
Routes and Procedures
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| 12. |
Subject to the express written instructions of the Customer,
the Company reserves the right to choose or vary the means, route and procedure
to be followed in respect of the carriage or the Services performed in respect
of the Goods. The Customer hereby authorises the Company to complete the
carriage or Services with reasonable dispatch and to substitute alternate
carriers or Service providers without notice to the Customer and with due
regard to the interests of the Customer substitute other means of transport
or Service. |
Brokerage and Commission
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| 13. |
The Customer agrees that the Company is entitled to retain
all allowances, brokerages and commissions paid by the shipping and forwarding
agents, insurance brokers, airlines and any other persons with whom the
Company deals pursuant to this agreement. |
Payment of duties
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| 14. |
The Customer authorises the Company, but with no obligation
on the part of the Company, to advance any duties, taxes, imposts, outlays
or charges at any port or place in respect of the Goods and the Customer
shall be liable for the reimbursement of such disbursements and for payment
of any fine, expense, loss or damage incurred by the Company in connection
therewith. |
Responsibility for Charges
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| 15. |
| (a) |
The Customer shall remain responsible to the Company for all charges
incurred for any reason for the Services performed in respect of the
Goods (including any goods and services tax which is charged in accordance
with any applicable goods and services tax) and such charges shall
be deemed fully earned as soon as the Goods are loaded and dispatched
from the Customer's premises or otherwise delivered by the Customer
to the Company and shall be immediately payable and non-refundable.
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| (b) |
The Customer agrees that it shall not defer or withhold payment
or deduct any amount from the account of the Company by reason of
any claim it alleges against the Company. |
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Lien
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| 16. |
The Company shall have a particular and general lien on the
goods or cargo of the Customer and any documents relating thereto and on
any other goods or cargo of the Customer in the possession of the Company
or any documents relating thereto and on any other goods or cargo of the
Customer which may come into the possession of the Company or any documents
relating thereto for all sums payable by the Customer to the Company and
for that purpose the Company shall have the right to sell any such goods
by public auction or private treaty without further notice to the Customer. |
Valuables, Dangerous goods, Perishable goods, Livestock, etc.
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| 17. |
| (a) |
(i) |
Except as agreed in writing, the Company will not accept Valuables,
Perishable goods, livestock or plants for Services arranged or performed
by the Company. Should the Customer nevertheless deliver any such
goods to the Company or cause the Company to handle or deal with any
such goods otherwise than as agreed in writing, the Customer shall
be liable for any loss or damage thereto or consequent thereon whether
direct, indirect or consequential and howsoever caused and the Customer
shall indemnify the Company from and against all penalties, taxes,
duties, claims, demands, damages, costs and expenses arising in connection
therewith.
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(ii) |
Except as agreed in writing, the Company shall not accept business
relating to Dangerous goods for Services arranged or performed by
the Company. Should the Customer nevertheless deliver any such goods
to the Company or cause the Company to handle or deal with any such
goods otherwise than as agreed in writing, the Customer shall be liable
for all loss or damage thereto or consequent thereon whether direct,
indirect or consequential and howsoever caused and the Customer shall
indemnify the Company from and against all penalties, taxes, duties,
claims, demands, damages, costs and expenses arising in connection
therewith.
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(iii) |
Any such Valuables, Dangerous goods, Perishable goods, livestock
or plants may be destroyed in the sole and absolute discretion of
the Company or any other person in whose custody they may be at the
relevant time. If such Valuables, Dangerous goods, Perishable goods,
livestock or plants are accepted pursuant to a written agreement,
they may nevertheless be destroyed or dealt with if deemed necessary
in the sole and absolute discretion of the Company or any other person
in whose custody they may be at the relevant time. In the event that
the Goods are destroyed or otherwise dealt with as aforesaid, the
Company shall bear no liability therefore and the Customer shall indemnify
the Company from and against all costs and expenses with respect thereto.
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| (b) |
The Customer undertakes that any of the
goods referred to in (a) above (including their covering, packaging,
containers and other devices they are carried in) shall be distinctly
marked having regard to their nature. The Customer further undertakes
that the Goods are packed in a manner adequate to withstand the ordinary
risks of any Service having regard to their nature and in compliance
with all laws and regulations which may be applicable with respect
to any Service. The Customer shall indemnify the Company against all
claims, losses, damages or expenses arising in consequence of any
breach of this provision.
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| (c) |
The Customer's compliance with (b) above
in no way reduces or limits those rights afforded to the Company under
(a) of this clause. |
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Delivery
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| 18. |
| (a) |
The company is authorised to deliver the Goods to the consignee
or his agent at the address nominated to the Company by either the
Customer, the Company, the consignee or their agents and it is expressly
agreed that the Carrier shall be deemed to have delivered the Goods
in accordance with this contract if it obtains a receipt or signed
delivery docket for the Goods from any person at that address.
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| (b) |
If the nominated place of delivery shall be unattended or if delivery
cannot otherwise be effected, the Company in its sole discretion may
at its option either deposit the Goods at the nominated place or store
the Goods at the risk and expense of the Customer, both of which will
be deemed to be delivery of the Goods under this Contract.
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| (c) |
Dates specified for completion of carriage or any other Service
are estimates only and the Company shall not be liable for failure
to complete carriage or any other Service on such date or dates. |
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Sale and Disposal of Goods
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| 19. |
| The Company and its Subcontractors shall
be entitled at the cost and expense of the Customer, subject to any
compliance with any applicable law, to sell or dispose of: |
| (a) |
Goods which in the opinion of the Company or Subcontractor cannot
be delivered by reason of the Goods being insufficiently or incorrectly
addressed or by reason of the Goods not being collected or accepted
by the Consignee or for any other reason, and
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| (b) |
any Perishable goods which in the opinion of the Company or the
Subcontractor appear to be deteriorating, if the Customer fails to
adequately instruct the Company with respect thereto or fails to pay
any costs and expenses necessary to implement the Customer's instructions. |
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Scope of Application
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| 20. |
Save as otherwise provided herein, the Company shall in no
circumstances whatsoever or howsoever arising be liable for direct or indirect
or consequential loss or damage. The defences and limits provided for in
this contract shall apply in any action against the Company for loss or
damage or delay whether the action be founded in contract, tort, or otherwise. |
Regulation Compliance
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| 21. |
The Customer shall comply with all applicable laws and Government
regulations of any country to, from, through or over which the Goods may
be carried, including those relating to the packing, carriage, storage,
customs clearance, delivery or other Services in respect of the Goods, and
shall furnish such information and provide such documents as may be necessary
to comply with such laws and regulations. The Company shall not be liable
to the Customer for loss or expense due to the Customer's failure to comply
with this provision. |
Law and Jurisdiction
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| 22. |
Any dispute arising under this Contract shall be governed
by the federal laws of Australia or state laws of New South Wales and shall
be determined exclusively by the courts of New South Wales or by the court
of the Company's choice. |
Severance & Waiver
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| 23. |
It is hereby agreed that if any provision or part of any provision
of this contract is unenforceable, such unenforceability shall not affect
any other part of such provision or any other provision hereof. Further,
should the Company elect not to exercise any of its rights under this contract,
under any other contract/agreement or under law, such election shall not
constitute a waiver of any rights relating to any other or subsequent breach
by the Customer. |
Customer's Own Form
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| 24. |
The use of the Customer's own form is no derogation to these
conditions of contract. |
Trade Practices
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| 25. |
| (a) |
Any relief from liability contained in this agreement is to be read
subject to any restriction on contracting out of liability provided
in any legislation binding on the Company so that the provisions for
relief contained in this agreement are limited or rendered ineffective
only to the extent required to give effect to that legislation but
are otherwise fully effective and all the provisions hereof are severable
and effective independently of any provisions which are null and void
or ineffective by reason of any legislation.
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| (b) |
Unless written notification to the contrary is given by the Customer
to the Company at or prior to entering into this agreement, the Customer
expressly warrants and represents that all or any Services to be supplied
by the Company and acquired by the Customer pursuant to this agreement
are so supplied and acquired for the purposes of a business, trade,
profession or occupation carried on or engaged in by the Customer.
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| (c) |
If the carriage of Goods involves an ultimate destination or stop
in a country other than the country of departure, the Warsaw Convention
(1929) or the Warsaw Convention as Amended at the Hague (1955) and/or
Montreal Protocol No. 4 may be applicable and may govern and in most
cases limit the liability of the Carrier in respect of loss, damage
or delay to cargo, unless a higher value is declared in advance by
the Customer and a supplementary charge paid if required. |
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Force Majeure
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| 26. |
Where the Company is unable to carry out any obligation under
the contract due to any circumstance, matter or thing beyond its reasonable
control ("force majeure"), the Company shall be excused from such
obligations to the extent of such prevention, restriction or interference
so caused. |
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