Williams GLOBAL Freight - Terms of Trade

Trading Terms and Conditions

All business is undertaken subject to these terms and conditions.
TRADING CONDITIONS THESE CONDITIONS APPLY TO ALL CONTRACTS CONSTITUTED BY A CUSTOMER INSTRUCTING GARY WILLIAMS CUSTOMS AGENY / WILLIAMS GLOBAL FREIGHT (THE COMPANIES) TO PERFORM SERVICES AND THE COMPANIES ACCEPTING SUCH INSTRUCTIONS.
DEFINITIONS:
“Goods” are any goods or items which are the subject of the services as defined herein provided by the Companies to the Customer.
“Services” are the rights, benefits, privileges or facilities that are to be provided, granted or conferred under a contract for or in relation to the performance of work by the Companies for the Customer
1. The companies carry on business as a customs and forwarding agent and its carriage of goods is merely incidental thereto. The companies are not common carriers and will accept no liability as such. The companies may refuse as its sole and absolute discretion to accept any goods for carriage without assigning any reason therefore.
2. Subject to express instructions in writing given by the customer and accepted by the Companies in writing, the Companies reserve to themselves complete freedom to decide upon the means, route and procedure to be followed in the handling, storage and transportation of the goods and shall be entitled and authorised to engage independent third parties to perform all or any of the functions required of the Companies upon such terms and conditions as the Companies in its absolute discretion may deem appropriate subject to compliance with the Customs Act 1901.
3. The Companies are entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to shipping and forwarding agents and insurance brokers whether declared or otherwise and no such brokerage, commission, allowance or other remuneration shall be payable or allowable to the Customer or its principal (if any).
4. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or revision by the Companies. If any changes occur in the rates of freight, insurance premiums, warehousing, statutory fees or any other charges applicable to the Goods, quotations and charges shall be subject to revision accordingly with or without notice to the Customer.
5. The Customer, consignor and consignee of the Goods, and their respective agents, if any, shall be bound by and be deemed to warrant the accuracy of all descriptions, values and other particulars furnished by any one or more of them to the Companies for customs, consular and other purposes and shall be liable for any duty, tax, import, penalty or outlay of whatsoever nature levied by the authorities at any port or place for or on connection with the Goods and for any payment, fine, expense, loss or damage made, incurred or sustained by the Companies in connection therewith, arising by reason of any inaccuracy or omission of any such description, value or other particular and to indemnify the Companies against any such loss, damage, expense or fine arising from any such inaccuracy or omission.
6. The Companies shall not effect insurance on the Goods accepted by it except upon receipt of express instructions given in writing by the Customer and the Customer's written declaration as to the value of the Goods and any such insurance effected by the Companies may be subject to such exceptions and conditions as may be required by the insurance company or underwriter accepting the risk. In the event of any dispute in regard to liability under any such insurance policy for any reason whatsoever the insured shall have recourse against the insurer or underwriter only and the Companies shall have no liability or responsibility in relation to any such insurance policy.
7. If, as a result of the supply by the Companies of a service, the Customer sustains loss or damage, payment, fine or expense by reason of any of the following circumstances, namely:
(a) A requirement under section 243T(1) of the Customs Act that the Customer pay a penalty in accordance with that provision;
(b) The making of any statement, information, forecast, prediction, or the giving of advice by the Companies, in relation to the liability of the Customer to pay any Customs duty in relation to the Goods or as to the particular tariff or classification applicable thereto under any Act, whether Federal or State, affecting Customs duties or customs tariffs, or any ordinances or regulations made thereunder and in force from time to time;
(c) The application of an incorrect tariff classification under the Customs Tariff Act or the incorrect valuation pursuant to Division 2 or Part VIII of the Customs Act or the incorrect application of a Tariff Concession Order or the making of any other error or omission by the Companies under the Customs Act , the Customs Tariff Act or any other legislation affecting the importation or exportation of goods including any by-laws or regulations made thereunder;
(d) The loss, mis-delivery, delay in delivery, delay in lodging a Customs entry, deterioration, contamination, evaporation or non-delivery of or damage to the Goods, or consequential loss arising there from howsoever caused or for any reason whatsoever.
(e) Loss or depreciation of market attributable to delay in forwarding or in transit of the Goods or failure to carry out instructions given to it by the Customs written or otherwise;
(f) Loss, damage, expense or additional cost arising from or in any way connected with marks or brands on, weight, numbers, contents, quality or description of the Goods;
(g) Loss or damage resulting from fire, water, explosion or theft;
(h) Loss, damage or delay of whatsoever kind- and all or any of the above mentioned circumstances arise because of the negligence or wilful default of the Company or its servants or agents, or by reason of a failure by the Companies or its servants or agents to exercise due care and skill, then the liability of the Companies, and/or its servants, or agents is hereby limited to the payment by them to the Customer of the cost of having the said services supplied.
8. (a) In the case of goods with value exceeding Two hundred dollars ($200.00) per package or unit or the equivalent of that sum in other currency, the value will not be declared or inserted in a Bill of Lading for the purpose of extending the Ship owner's liability under Article (IV), Rule 5 of the Sea-Carriage of Goods Act 1924 except upon express instructions given in writing by the Customer.
(b) In the case of carriage by air, no option or declaration of value to increase air-carrier's liability under the Civil Aviation (Carrier's Liability) Act 1959, Article 22(2) of the first schedule will be made except on express instruction given in writing by the Customer.
(c) In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers, warehousemen or others, no declaration of value (where optional) will be made for the purpose of extending liability, and the Goods will be forwarded or dealt with at the Customer's risk for minimum charges, unless express instructions in writing to the contrary are given by the Customer.
9. Instructions to collect on delivery (C.O.D.) in cash or otherwise are accepted by the Companies upon the condition that the Companies in the matter of such collection will be liable for the exercise of reasonable diligence and care only.
10. Where the Goods are perishable and are not taken up immediately upon arrival or are insufficiently or incorrectly addressed or marked or otherwise not identifiable, they may be sold or otherwise disposed of with or without notice to the Customer , consignor, owner or consignee of the Goods and payment or tender of the net proceeds of any sale after deduction of all costs, expenses and charges incurred by the Companies in effecting such sale or disposal shall be equivalent to the delivery.
11. Where the Goods are non-perishable and cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or because they are not collected or accepted by the consignee they 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 Customer and to the address which the Customer gave to the Companies on delivery of the Goods. All costs, charges and expenses incurred by the Companies and arising in connection with the sale or return of the Goods shall be paid by the Customer. A communication from the Companies or their agent to the effect that the Goods cannot be delivered for any reason shall be conclusive evidence of that fact.
12. The Customer warrants that the Goods are not noxious, dangerous, hazardous, inflammable, explosive or likely to cause damage. In the event of breach of this warranty the Customer and any person delivering the Goods to the Companies or causing the Companies to handle or deal with the Goods (except under special arrangements previously made in writing) shall be liable for any loss or damage caused thereby and shall indemnify and keep indemnified the Companies against all damages, loss, penalties, claims, costs and expenses incurred by the Companies in connection therewith. In the event that the Goods are found to be noxious, dangerous, hazardous, inflammable, explosive or likely to cause damage, they may be destroyed or otherwise dealt with at the sole discretion of the Companies or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be destroyed or otherwise dealt with if they become dangerous to other goods or property. The expression “goods likely to cause damage” including goods likely to harbour or encourage vermin or other pests and all such goods as fall within the definition of hazardous and dangerous goods in the legislation governing carriage by rail in the States and Territories of Australia.
13. Pending forwarding and delivery, the Goods may be warehoused or otherwise held at any place or places when deemed necessary at the sole discretion of the Companies at the Customer's risk and expense.
14. Notwithstanding any prior dealings between the Companies and the Customer or any rule of law or equity or provision of any statute or regulation to the contrary, contracts, documents and other matter (including cash, cheques, bank drafts and other remittances) sent to the Companies through the post shall be deemed not to have been received by the Companies unless and until they are actually delivered to the Companies by the postal authorities to its office address or placed in the Company's post office box, if so addressed.
15. The Companies 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 by that body:
(a) of dangerous goods, or
(b) of goods liable to be stored in the open unless written instructions to that effect are given to the Companies by the Customer.
16. The Companies shall have no obligation to take any action in respect of any goods which may be recognizable as belonging to the Customer unless it has received suitable instructions relating to such goods together with all necessary documents. In particular, the Companies shall not be obliged to notify the Customer of the existence or whereabouts of the Goods or to examine them or to take any other steps for their identification, protection or preservation or for the preservation of any claim by the Customer or any other party against the carrier , insurer or any third party
17. In the event that the Goods are landed from any vessel in a damaged or pillaged condition and it is necessary for an examination to be held or other action to be taken by the Companies in respect thereof no responsibility shall attach to the Companies for any failure to hold such examination or take such other action unless the Companies have given sufficient notice to enable it to arrange for such examination or for the taking of such other action as the case may be.
18. In the absence of special instructions, the Companies shall perform in their normal manner and procedure any and all of the various acts which may be necessary for the completion of its services in relation to any particular matter. The Companies 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 Companies of 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/or more expeditiously.
19. The Companies shall under no circumstances be precluded from raising a debit in respect of any fee or disbursement lawfully due to it, notwithstanding the fact that a previous debit or debits (whether excluding or partly including the items now sought to be charged) had been raised and whether or not any notice was given that further debits were to follow.
20. Wherever it is necessary, for the purpose of these conditions or any other purpose whatsoever, for instructions to be given to the Companies, such instruction shall only be recognized by the Companies as valid if given in sufficient time in the light of the circumstances in relation to the matter on question; standing or general instructions, or instructions given late, even if received by the Companies without comment, shall not be binding upon the Companies.
21. Without prejudice to the rights of the Companies at common law the Goods (and all documents relating thereto) which come into the possession or under control of the Companies shall be subject to a special and general lien and pledge for monies due to the Companies in respect to services and/or disbursements relating to the Goods; and for any other indebtedness to the Companies from whatever cause by the Customer, consigner, owner or consignee of the goods.
22. (a) This agreement and any collateral agreements made by the Companies with the Customer wherever made shall be governed and construed according to the laws of the State of Australia in which this agreement is entered into and shall be subject to the exclusive jurisdiction of the Courts of the said State.
(b) In the even that this or any other such agreement shall be held to be subject to the laws of the Commonwealth of Australia or of any particular State of the Commonwealth or any other legislation then, except where repugnant to the provisions of those laws, these conditions shall continue to apply and shall be void only to the extent that they are inconsistent with or repugnant to those laws and no further.
(c) All the rights, immunities and limitations of liability contained herein shall continue to have their full force and effect in all circumstances notwithstanding any breach of any term or condition hereof or any collateral agreement by the Companies.
(d) Unless written notification to the contrary is given by the Customer to the Companies at or prior to entering into this agreement, the Customer expressly warrants and represents that all or any service to be supplied by the Companies and acquired for the purposes of a business, trade, profession or occupation carried on or engaged in by the Customer.
23. No agent or employee of the Companies has the authority to alter or vary these trading conditions unless such alteration or variation is approved in writing by the Companies.