- In these conditions “Company” shall mean Sunshine Customs Broker Pty Ltd. “Subcontractor” shall mean any other person, firm or company with whom the Company may perform any services. “Customer” shall mean any person, firm or company who or which engages the Company to act in all or any of the capacities of Customs Agent, Shipping Agent, Forwarder, Carrier in respect of any goods and includes the customer's servants and agents.
- The Company is not a Common Carrier. Whenever the Company is instructed to undertake transport, storage or any other service, it shall be authorised to entrust the goods to third parties subject to their contractual conditions. The customer shall be bound by such conditions and shall indemnify the Company against any claims arising out of their acceptance.
- 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 goods. They accept these conditions for themselves as well as for all other parties on whose behalf they are acting.
- The Company reserves complete freedom in respect of means, route and procedure to be followed in the handling and transportation of goods except special handling instructions..
- The Customer and their agents shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs, consular and other purposes and they undertake to 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.
- The Company is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Shipping and Forwarding Agents.
- The Company Shall not be liable under any circumstances for any loss, damage or expense arising from or in any way connected with marks, weights, numbers, brands, contents, quality or description of any goods.
- Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or revision. If any changes occur in the rates of freight, insurance premiums or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without notice.
- The Customer and their agents, if any, shall be liable for any duty, tax, levied by the authorities in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection therewith.
- The Company shall not be liable for loss 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 wilful neglect or default of the Company or its own servants.
- The Company shall not in any circumstances be liable for damages arising from loss of market or attributable to delay in forwarding or in transit or failure (not amounting to wilful negligence) to carry out the instructions given to it.
- It is agreed by and between the Customer and the Company that any liability of the Company shall be limited to $10 in respect of all the goods covered by this document whether or not there has been any declaration of value of the goods or any of them by the Customer or Consignor for the purposes of carriage or otherwise.
- No insurance will be affected except upon express instructions given in writing by the customer and all insurances affected by the Company are subject to the usual exceptions and conditions of the insurance company. The Company shall not be under any obligation to affect a separate insurance on each consignment.
- The Company shall be entitled, in the absence of express instructions to the contrary, to imply independent third parties to perform all or any of the functions required of the Company. Whether or not such third parties are disclosed to its customer, the Company shall have no responsibility or liability whatsoever to its customer for any act or omission of such third party its servants or agents.
- The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage except special arrangement. Any person cause the Company to handle or deal with such goods (except under special arrangements) shall be liable for all loss or damage caused and shall be deemed to have indemnified the Company against all penalties, claims, damages, costs and expenses. The goods may be destroyed or otherwise dealt with accordingly. 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 Company shall be under no obligation to make any declaration to or to seek any special protection or cover from the Department of Railways or Railways Authority in any State of the Commonwealth of Australia or any airline or road transport authority in respect of any goods falling within the definition of that body. (i) of dangerous or hazardous goods or (it) of goods liable to be stored in the open unless written instructions to that effect are given to the Company.
- Goods pending delivery may be warehoused or otherwise held at any place at the Customer's risk and expense.
- Any documents sent to the Company through the post shall be deemed not to have been received by the Company unless and until they are actually delivered to the Company by the postal authorities or placed in the Company's post office box, if so addressed.
- Where it is necessary for an examination to be held or other action to be taken by the Company in respect of goods being cleared by it which are landed from any vessel in a damaged or pillaged condition, no responsibility shall attach to the Company for any failure to hold such examination or take such other action unless the Company has been advised in sufficient time to arrange for such examination or for the taking of such other action that such goods have been landed in a damaged or pillaged condition.
- Where, as a result of any wilful act, neglect or default by the Company, duty, railage, wharfage, freight, cartage or any other impost or charge has been paid or levied, which should not have been paid or levied, or has been paid or levied in an incorrect amount, the Company shall have no liability of any nature whatsoever to a customer or any other person provided always and notwithstanding the generality of the foregoing it shall use its best endeavours at the expense of the customer to effect a recovery of the amount so wrongfully paid or levied for the benefit of the customer or other person as the case may be.
- The Company shall have no liability or responsibility that there may be a change in the rates of duty, wharfage, freight, railage or carriage, or any other tariff, before or after the performance by the Company of any act involving a less favourable rate or tariff. In the event of any advice being requested by a customer and given by the Company in respect of the rate of customs duty applicable to goods imported or as to the particular tariff or classification applicable to any goods or as to the procedure or requirement applicable to any goods under the Customs Act of the Commonwealth of Australia or any Act affecting customs duties or customs tariffs or regulations made in force from time to time, the Company expressly disclaims any liability in respect of any loss arising directly or indirectly from such advices, whether based upon the negligence of the Company, a customer contracting with the Company shall be deemed to have discharged the Company from any such liability and to have indemnified the Company against any claim action The Company shall under no circumstances be precluded from raising a debt in respect of any fee or disbursement lawfully due to it
- Instructions shall only be recognised by the Company as valid, if given insufficient time in the light of the circumstances in relation to the matter in question; or instructions given late, even if received by the Company without comment, shall not be binding upon the Company.
- Without prejudice to the rights of the Company at Common Law all goods (and documents relating to goods) which come into the possession or under the control of the Company shall be subject to a special and general lien and pledge for monies due to the Company in respect of services and or disbursements relating to such goods, to the Company from whatsoever cause by the sender, owner, or consignee of the goods. If debt is not paid in full by the debtor within fourteen days of receipt of notice from the Company that intends disposing of the goods, the Company may realize the goods either by public auction or private treaty at the debtors expense at its entire discretion and apply the proceeds toward the debtor's indebtedness.
- It is agreed that no servant or agent of the Company shall be under any liability to the sender, owners and/or consignees for any loss, damage or delay of whatsoever kind arising directly or indirectly from any act neglect or default on his part while acting in the course of or in connection with his employment in relation to any goods accepted by the Company for clearing carrying and/or forwarding and without prejudice to the generality of the foregoing provisions in the clause every exemption limitation condition and liberty herein contained and every right exemption form liability defence and immunity of whatsoever nature applicable to the Company shall also be available and shall extend to protect every such servant or agent of the Company.
- The company has the right to charge interest at the rate of 16% on amounts overdue and has the right to recover from the shipper or the consignee any legal costs incurred by it in recovering same.