Terms & Conditions
Last Updated June 2019
Standard Trading Terms and Conditions
All and any business undertaken by the Company shall be subject to the terms and conditions of this contract which are as follows:
“ACS” means the Australian Customs Service
“AQIS” means the Australian Quarantine Inspection Service
“ATO” means the Australian Taxation Office
“Company” shall mean Customs Clearance World Pty Ltd (ABN 99 145 994 243), its employees, servants, 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 or Subcontractor.
“Government Authorities” means, without limitation, all government Departments with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport ofthose goods to include, without limitation, ACS, AQIS and the ATO.
“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:-
(i) 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.
(ii) Any person, firm or company which is now or hereafter a servant, agent, employee or independent contractor of any of the persons or entities referred to in (i) above.
(iii) Any other person, firm or company (other than the Company) by whom the Services or any part thereof are arranged, performed or undertaken.
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
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 which 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
(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 of the Customer, to contract either in its own name or in the Customer’s name with any Subcontractor for the performance of any Service to be performed or arranged by the Company pursuant to, or ancillary to, this contract.
(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 whereby the Subcontractor may employ any person, firm or company for performance of the Service.
(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.
(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.
(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 its benefit, and in entering into this contract, the Company, to the extent of these provisions, does so not only on its own behalf, but also as agent and trustee for such parties.
(f) The company reserves complete freedom to decide the manner or procedure to be adopted for any or all of the various acts that will be necessary for the completion of the services. That discretion will be varied only by instructions delivered by the Customer to the Company in writing and acknowledged by the Company in writing in sufficient time before the performance of any service to reasonably allow the Company to adopt the manner of performing the service required by the special instructions. The company shall have no liability or responsibility by virtue of the fact that there may be a change in the rates of duty, wharfage, freight, railage or cartage, or any other tariff before or after the performance by the company or any act involving a less favourable rate or tariff, or by virtue of the fact that a saving may have been effected in some other way had any act been performed at a different time and whether its performance of any of the acts aforesaid is delayed or precipitated through the negligence of the company or its servants or agents or however caused.