1. All and any business undertaken by Logistics Link Pty Ltd trading as ANL
Logistics (hereafter called the company) is transacted subject to the condition
hereafter set out and each and every condition hereafter set out shall be deemed to
be a condition of any agreement between the Company and the customer and shall
prevail over any conditions purported to be included by any form or contract used
by the customer.
2. Customers entering into transactions of any kind with the Company expressly
warrant that they are either the owners of the authorised agents of the owners of
any goods or property the subject matter of the transactions and by entering into
the transactions they accept these conditions for themselves as well as for all other
parties on whose behalf they are acting.
2.1 This contract including these conditions shall constitute the whole agreement
between the parties and can only be varied in writing signed by each party.
2.2 Whenever the Company is instructed to undertake or arrange transport, storage or
any other service it may entrust the goods or arrangements to such shipping lines,
stevedores, warehouses and other agents and contractors and on such terms that as
the Company sees fit and the Company may enter into contractual arrangements
with any such persons or corporations on behalf of the customer and the customer
shall be bound by and subject to all exclusions and other terms and conditions
thereof without recourse to or any claim against the Company by reason of the
Company entering into any such arrangements.
2.3 Subject to express instructions in writing given by the customer the Company
reserves to itself complete freedom in respect of means, route and procedure to be
followed in the transportation, handling and storage of goods.
3. The Company is not a common carrier and may refuse the transport of any goods
for any person or corporation as it sees fit.
3.1 Quotations given, unless previously withdrawn, can only be accepted within seven
days thereof and thereafter must be confirmed by the Company prior to
4. The customer shall bear and pay all duties, taxes, fines, penalties, port storage and
transport charges, insurance costs and all other imposts, costs and expenses, losses
or damages incurred relating to the goods other than those specifically included in
the agreed price.
5. The Company is entitled to retain and be paid for all brokerages, commissions,
allowances and other remunerations retained by or paid to Shipping and
Forwarding Agents and Insurance brokers except the extent otherwise expressly
6. The price stated is based upon freight rates insurance rates, transport and packing
costs, exchange rates, inspection fees, customs and import duties, landing charges,
wages and other costs and charges relating to the goods or services to be provided
by the Company and the Company may pass on and charge to the customer any
extra cost as a result of any increase therein.
7. The customer warrants the accuracy of all descriptions, values, marks, weights,
numbers, brands, and other particulars furnished to the Company for customs,
consular and other purposes appearing on the goods and on any containers,
packing material or shipping or other documents relating thereto and that the goods
are properly and adequately packed and comply with the provisions of all relevant
laws and requirements of any port, dock, railway, shipping, customs, warehouse or
other relevant authority or corporation and the customer shall release and
indemnify the Company from and against all losses, damages, expenses, and costs
arising from any inaccuracy or omission is not due to any negligence of the
customer and not withstanding that the inaccuracy or omission may or should be
apparent or is known to any one or more employee or servant of the Company or
8. No insurance will be affected except upon express instructions given in writing by
the customer including declaration of value and all insurance effected by the
Company are subject to the usual exceptions and conditions of the policies of the
insurance company or underwriters taking the risk. The Company shall not be
under any obligation to effect a separate insurance on each consignment but may
declare it on any open or general policy. Should the insurers dispute their liability
for any reason the insured shall have recourse against the insurers only and the
Company shall not be under any responsibility or liability in relation thereof,
notwithstanding that the premium upon the policy may not be at the same rate as
that charged by the Company or paid to the Company by its customers.
9. The Company shall not be liable in contract or in tort for:
9.1 Any loss of, damage to, deterioration in or contamination of the goods whilst the
goods are in the possession or custody or under the control of a third party as
referred to in Clause 5 above but the customer shall be entitled to the benefit of any
right or claim which may exist against such third party.
9.2 Any loss of, damage to, deterioration in or contamination of the goods caused by
fire, explosion, theft or water damage (whether or not any of the forgoing are
caused or contributed to by the negligence of any servant or employee of the
Company), storm, flood, the inherent nature of the goods, insufficient or
inadequate packing, accident or any cause beyond the reasonable control of the
9.3 Any costs, damages, losses or expenses arising from loss of market or bargain or
other consequential loss attributed to delay in forwarding in transit or making
delivery or available for delivery.
9.4 Any loss of, damage to, deterioration in or contamination of the goods, whatsoever
or any costs, damages, losses or expenses resulting in any way from the Company
failing to perform or arrange the performance of the instructions of the customer or
to perform its obligations under the contract if at any time any claim arises the
customer has failed to pay any moneys due to the Company in respect of the
contract and in any event exceeding an amount of $100.00 in respect of all goods
covered by the contract unless a greater amount is stipulated and agreed in writing
by the Company and notwithstanding any declaration by the customer for any
purpose that the goods have a greater value.
10. Except under special arrangements previously made in writing the Company will
not accept or deal with any noxious, dangerous, hazardous or inflammable or
explosive goods or any goods likely either inherently or due to their manner of
packing to cause injury or damage. Any person delivering such goods to the
Company of causing the Company to handle or deal with such goods (except under
special arrangements previously made in writing) shall be liable for loss or damage
caused hereby and shall indemnify the Company against all penalties, claims,
damages, costs and expenses arising in connection therewith and the goods may be
destroyed or otherwise dealt with at the sole discretion of the Company or any
other person in whose custody they may be at the relevant time without any
liability on the part of the Company. If such goods are accepted under arrangement
previously made in writing they may nevertheless be so destroyed or otherwise
dealt with without any liability on the part of the Company if circumstances arise
creating a risk of damage or injury over and above the inherent propensities of
such goods. The expression ‘goods likely to cause damage’ includes goods likely
to harbour or encourage vermin or other pests.
11. Non-perishable goods which cannot be delivered either because they are
insufficiently packed or incorrectly addressed or because they are not collected or
accepted by the consignee or the customer may be sold or returned at the
Company’s option at any time after the expiration of 21 days from a notice in
writing sent to the consignor. All charges and expenses arising in connection with
a sale or return of the goods shall be paid by the customer. A communication from
any agent or correspondent of the Company to the effect that the goods cannot be
delivered for any reason shall be conclusive evidence of that fact.
11.1 Perishable goods, which are not taken up immediately upon arrival or which are
insufficiently addressed or marked or otherwise not identifiably may be sold or
otherwise disposed of without any notice to the customer or consignee and
payment or tender of net proceeds of any sale after deduction of charges shall be
equivalent to delivery.
12. Unless expressly instructed in writing by the customer
a) the Company will not make any declaration of value or insert the same Bill of
Lading or other document on behalf of the customer for the purpose of extending
or preserving the liability of any shipper or carrier as may be provided by any
relevant statute and
b) where there is a choice of tariff rates according to the extent of the liability
assumed by carriers, warehousemen or others no declaration or value (where
optional) will be made for the purpose of extending liability and goods will be
forwarded or dealt with at the lowest cost.
13. All goods (and documents relating to goods) shall be subject to a particular and
general lien for moneys due either in respect of such goods of for any particular or
general balance or other moneys due to the Company. Without prejudice to any
power given by statute, if any moneys due to the Company are not paid within one
calendar month after notice has been given that such goods are detained, they may
be sold by auction or otherwise at the sole discretion of the Company and at the
expense of the customer, and the proceeds applied in or towards satisfaction of
such particular and general lien.
13.1 The Company accepts all goods for shipping or storage on the basis that no
refrigeration or other special or unusual arrangements for storage or handling will
be made unless stipulated and agreed in writing by the Company notwithstanding
that the Company may or should be aware from the nature of the goods or their
packaging that some arrangements should be or are in the usual course made for
13.2 Notwithstanding any stipulated period or storage, any goods stored for the customer
shall be removed any relative store warrant surrendered upon the expiration of 21
days notice in writing to remove goods given by the Company and the customer
shall pay all storage and other charges to the date of such removal.
13.3 In the event of a store warrant being issued by the Company in respect of any
goods stored with it the Company shall not be bound to deliver the goods except
upon production of the store warrant although the Company may dispense with the
production of the store warrant upon the customer furnishing such evidence as to
ownership of the goods and the loss of the store warrant as the Company may
require and upon the customer entering into or procuring such bond, guarantee or
other security as the Company may require.
14. The Company shall not under any circumstances be liable for loss or damage
resulting from or attributable to any quotation, statement, representation or
information whether oral or in writing, howsoever, wheresoever, or the
whomsoever made or given by or on behalf of the Company or by any servant,
employee or agent of the Company as to the classification of or the liability for
amount, scale or rate of customs duty or other impost or tax applicable to any
goods or property whatsoever.
15. Any provision herein limiting the liability of the Company shall be deemed to have
been entered into by the Company on behalf of itself and its servants, employees
and agents so that no claim can be made by the customer against any of them in
16. The agreement between the company and the customer shall be governed by the
law of the state or territory in Australia in which the company has its registered