-Terms and Conditions-
In these terms and conditions:
“goods” means all goods in connection with the services and includes the container(s), pallet(s), or other packaging containing the goods;
Unless a contrary intention is clear, the term “services” wherever appearing in these terms and conditions means all services, collectively and individually, supplied by us or by our servant(s), agent(s), contractor(s) or representative(s) either to you, whether in your own right or on behalf of someone else, or to someone else at your request.
“we”, “our”, “ours” or “us” means Doser Freight Forwarding Pty Ltd ACN 058 268 643 and includes any companies which are subsidiaries of ours within the meaning of that term in the Corporations Act and also includes our servant(s), agent(s), contractor(s) and representative(s);
“you”, “your” or “yours” means the person named in the “From” box and also the person named in the “Freight Payable by” box on the front of this form
You acknowledge and agree that these terms and conditions apply to the carriage, storage and/or handling of all goods in connection with the services and that these terms can only be changed by notice in writing signed by our sales or account manager.
1. Carriage, Storage and/or Handling of Goods
(a) In our absolute discretion, we may arrange contractors to carry any of the goods and these terms and conditions will apply to such contractors as if they were in our position.
(b) We are not a common carrier under legislation or at general law and will accept no liability as such. In our absolute discretion we may refuse the carriage of any goods.
(c) We will give priority to any reasonable method of handling, storage or carriage nominated by you in writing but in our absolute discretion we may use alternative more convenient methods.
(d) You authorise any departure from the usual route or manner of cartage of goods which in our absolute discretion we may deem necessary.
(e) The goods are carried, stored and/or handled at your risk. To the maximum extent permissible at law, we will not have any liability in tort or contract or otherwise for any loss or damage whatsoever in connection with the goods or services including (but not limited to) for any loss or deterioration of goods, any misdelivery or delay in delivering goods, any failure to deliver goods for any reason whatsoever including any negligence or wilful act or default or breach of contract on the part of us or others, whether or not occurring in the course of the performance of the services. You should therefore ensure that the goods are fully insured.
(f) Any rights that you may have (despite the above clause) in relation to any loss or damage of or deterioration of the goods will be forfeited if you do not report the loss or damage or deterioration to us in writing within 48 hours of delivery of the goods to the delivery address.
(g) You authorise us to deliver the goods to the address in the “To” box on the front of this form and you acknowledge that either a receipt or delivery docket signed by you or by someone acting or purporting to act on your behalf will be irrefutable evidence of delivery of the goods.
(h) You warrant that you are either the owner or the authorised agent of the owner of the goods and that you accept these terms and conditions on behalf of any other person for whom you are acting.
(i) You will become liable for our charges when the goods are loaded and dispatched from your premises or other premises from where the goods are collected by us.
(j) You will be liable for all additional costs or expenses incurred by us because of any errors in or omissions from your instructions.
(k) You warrant that the goods are fit for commercial transportation and that they are not illegal or unsafe to transport and you agree to indemnify us for all loss and damage caused by any breach of the warranty contained in this clause.
(l) You are entirely responsible for ensuring that any container, pallet and packaging conforms with any of your requirements or any requirements under statute or common law and you agree to indemnify us for all expenses, costs, losses and liabilities arising from any such failure of conformity.
(m) If any goods are unclaimed, we may in our absolute discretion elect to deal with the goods as if the provisions of either or both of the Unclaimed Goods Act 1987 (SA) or the Warehouse Liens Act 1990 (SA) (or any equivalent Acts in other States) apply. In that case we will comply with the provisions of the relevant Act. You must pay us all costs incurred by us in connection with any such unclaimed goods.
(a) Prices charged will be those applicable at the date we provide the services and are subject to change without notice. Payment for the services must be made within 14 days after invoice.
(b) However, payment will become due immediately if: you commit any act of bankruptcy; meeting of your creditors is called; a mortgagee or mortgagee’s agent takes possession of any of your assets; a receiver of any of your assets is appointed; a petition to liquidate you is issued; or you otherwise come under any other form of external administration provided for in the Corporations Act.
(c) You must pay us interest at the rate of 1.5% per month on any overdue amounts.
(d) Unless otherwise specified, prices shown are net, exclusive of Goods and Services Tax (“GST”). GST, where applicable, will be charged at the appropriate rate ruling at the date of invoice.
3. Previous dealings and other documentation
No previous dealings will cause or effect a variation to these terms and conditions or be deemed to do so, nor will any term or condition set out in your order forms or other documentation. If there is any inconsistency between the terms set out in such order forms or other documentation and these terms and conditions, these terms and conditions will apply unless and then only to the extent that it has been otherwise agreed by us in writing.
You must pay us all costs (including legal costs on an indemnity basis and all other debt collection costs including any debt collector’s commission) properly incurred by us to recover of any amounts due by you under these terms and conditions or any default by you under these terms and conditions.
We may assign any of our rights arising under or in connection with this document without your consent, but you may only assign any of your rights arising under or in connection with this document with our prior written consent. If there is an assignment by either us or you, these terms and conditions will continue to apply as between us and you and they will also apply to the assignee.
You charge in favour of us all land owned now or in the future by you to secure payment of all monies which are owing or are claimed to be owing to us under these terms and conditions. You acknowledge that we may at our discretion register a caveat in respect of any such land to protect our interest in the land.
7. Exclusion of liability
Without limiting clause 1(e) we will not be liable to you for any economic or consequential loss or damage or for any loss of profits, production or business or for any other loss or expense whatsoever suffered by you in connection with the services or because of our act or omission (including a negligent act or omission). All warranties, guarantees and other terms prescribed by legislation or created by common law or equity that are deemed to form part of the terms of the provision of the services are hereby excluded to the extent that they are capable of being excluded at law.
8. Joint and several liability
If there is more than one of you, you are jointly and severally bound by these terms and conditions. Likewise, if the services are provided by us to another person on your behalf, you and that other person will be jointly and severally bound by these terms and conditions.
9. Applicable law and exclusive jurisdiction
Unless otherwise agreed by us in writing, the laws of South Australia govern these terms and conditions and you submit to the Courts of South Australia in relation to all matters whatsoever concerning these terms and conditions.
Every provision of these terms and conditions is independent of each other provision. Any provision (or any part of it) of these terms and conditions which is prohibited or unenforceable in any jurisdiction will be ineffective only to the extent of such prohibition or unenforceability, and the remainder of these terms and conditions will remain in force.
11. Use of personal information
(a) We collect the personal information contained in this document and any other personal information related or incidental to that for the purposes of: administering your account; providing services; collecting payment for services; and assessing and monitoring your credit worthiness including that of your directors or partners.
(b) We may collect additional personal information about you (or your directors or partners) from, and disclose such personal information to, other credit providers or credit reporting agencies for the purposes set out above.
(c) You acknowledge your consent to our use of your personal information for such purposes and any other related purposes which may be reasonably expected.