Terms and Conditions
STANDARD TRADING CONDITIONS
1. DEFINITIONS
1.1 “Fleetland” means Fleetland Logistics Pty Ltd ABN 14 168 428 895, its employees, directors, agents, subcontractors and service providers.
1.2 “Client” means any person, company, importer, exporter, consignee, consignor or entity requesting services from Fleetland.
1.3 “Goods” means any cargo, container, package, shipment, merchandise or property handled by Fleetland.
1.4 “Services” includes freight forwarding, customs coordination, transportation arrangements, storage arrangements, logistics consulting and related services.
1.5 “Government Authority” includes Australian Border Force (ABF), Department of Agriculture, Fisheries and Forestry (DAFF), Australian Taxation Office (ATO) and any other regulatory authority.
2. ROLE OF FLEETLAND
2.1 Fleetland acts solely as a freight forwarder, logistics coordinator and agent.
2.2 Fleetland is not:
(a) a common carrier;
(b) a shipping line;
(c) an airline;
(d) a customs authority;
(e) a government authority;
(f) a warehouse operator unless otherwise agreed in writing.
2.3 Fleetland may engage subcontractors and third-party service providers without further notice to the Client.
3. QUOTATIONS
3.1 All quotations are estimates only unless expressly stated otherwise.
3.2 Quotations are based upon information supplied by the Client.
3.3 Fleetland may revise charges where costs increase due to:
(a) freight rate changes;
(b) currency fluctuations;
(c) carrier surcharges;
(d) port charges;
(e) government charges;
(f) storage;
(g) inspection requirements;
(h) circumstances beyond Fleetland’s control.
4. PAYMENT TERMS
4.1 Unless otherwise agreed in writing, all invoices are payable immediately upon issue and prior to cargo release.
4.2 Approved credit customers must pay within seven (7) days of invoice date.
4.3 Fleetland may suspend services where invoices remain unpaid.
4.4 Interest shall accrue on overdue accounts at 10% per annum calculated daily.
4.5 The Client shall reimburse all collection, legal and recovery costs incurred by Fleetland.
5. CUSTOMS, GST AND GOVERNMENT CHARGES
5.1 The Client remains solely responsible for:
(a) Customs Duty;
(b) GST;
(c) Luxury Car Tax;
(d) Wine Equalisation Tax;
(e) Anti-Dumping Duty;
(f) Countervailing Duty;
(g) DAFF Fees;
(h) Inspection Fees;
(i) Examination Fees;
(j) Government Charges.
5.2 Any amount paid by Fleetland on behalf of the Client becomes immediately recoverable as a debt due.
6. CLIENT WARRANTIES
6.1 The Client warrants that all information supplied is true, accurate and complete.
6.2 Fleetland may rely entirely upon information supplied by the Client.
6.3 The Client remains solely responsible for:
(a) customs values;
(b) tariff classifications;
(c) country of origin declarations;
(d) FTA claims;
(e) supplier information;
(f) cargo descriptions.
7. PROHIBITED GOODS
7.1 The Client shall not tender prohibited, restricted or unlawful goods unless fully disclosed and accompanied by all required permits.
7.2 Fleetland may refuse any shipment it reasonably considers unlawful, dangerous or suspicious.
8. THIRD PARTY SERVICES
8.1 Fleetland may engage:
(a) shipping lines;
(b) airlines;
(c) customs brokers;
(d) transport companies;
(e) warehouses;
(f) inspection providers.
8.2 Fleetland shall not be liable for acts, omissions, delays, losses or defaults of third-party service providers.
9. STORAGE, DEMURRAGE AND DETENTION
9.1 The Client is responsible for all:
(a) storage charges;
(b) demurrage;
(c) detention;
(d) port charges;
(e) terminal charges.
9.2 Such charges remain payable regardless of fault.
10. INSURANCE
10.1 Fleetland does not arrange cargo insurance unless expressly agreed in writing.
10.2 Goods are handled entirely at the Client’s risk.
10.3 Fleetland strongly recommends that the Client obtain marine cargo insurance.
11. LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, Fleetland shall not be liable for:
(a) indirect loss;
(b) consequential loss;
(c) loss of profit;
(d) loss of revenue;
(e) business interruption;
(f) loss of market opportunity.
11.2 Fleetland’s aggregate liability shall not exceed the lesser of:
(a) AUD 500; or
(b) the total fees charged by Fleetland in connection with the relevant shipment.
11.3 Fleetland shall not be liable for delays caused by:
(a) shipping lines;
(b) airlines;
(c) customs authorities;
(d) government agencies;
(e) industrial action;
(f) force majeure events.
12. GENERAL LIEN
12.1 Fleetland shall have a general lien over all goods, cargo, documents and property under its possession or control.
12.2 Fleetland may retain possession until all monies owing by the Client are paid in full.
12.3 The lien extends to all debts owed by the Client, whether arising from the relevant shipment or otherwise.
13. SALE OF GOODS
13.1 Where amounts remain unpaid for more than thirty (30) days, Fleetland may sell goods after providing written notice to the Client.
13.2 Sale proceeds may be applied towards:
(a) unpaid invoices;
(b) storage;
(c) legal costs;
(d) recovery costs;
(e) disposal costs.
13.3 Any remaining balance shall be returned to the Client.
14. COMPLIANCE
14.1 Fleetland may request information or documentation at any time.
14.2 Fleetland may refuse, suspend or terminate services where fraud, customs offences or unlawful conduct is suspected.
14.3 Fleetland may disclose information to Government Authorities where required or reasonably considered appropriate.
15. FORCE MAJEURE
15.1 Fleetland shall not be liable for failure or delay caused by:
(a) natural disasters;
(b) war;
(c) terrorism;
(d) industrial disputes;
(e) epidemics;
(f) government action;
(g) transport disruptions;
(h) events beyond Fleetland’s reasonable control.
16. ELECTRONIC COMMUNICATIONS
16.1 Electronic communications may be relied upon by Fleetland.
16.2 Electronic instructions shall be deemed valid instructions from the Client.
17. PRIVACY
17.1 Fleetland may collect, use and retain information for operational, compliance and regulatory purposes.
17.2 The Client consents to such collection and use.
18. GOVERNING LAW
18.1 These Conditions shall be governed by the laws of Victoria, Australia.
18.2 The parties submit to the exclusive jurisdiction of the Courts of Victoria.
19. ACCEPTANCE
The Client acknowledges having read, understood and accepted these Standard Trading Conditions.