Terms & Conditions

The Customer and Carrier in using the Company’s Platform for the purpose of seeking and providing Carriage of Goods respectively agree to accept and be bound by the Company’s trading terms and conditions. All and any business undertaken by the Company shall be subject to the Company’s trading terms and conditions of contract which are as follows:

Definitions

1. “ACL” means the Australian Co (“ACL”) being Schedule 2 of the Australian Competition & Consumer Act 2010 (“CCA”).
“Carriage” means the transport of the Goods and all services performed or arranged by the Carrier incidental to the transport.
“Carriage by Air Convention” – shall mean applicable legislation incorporating the Warsaw Convention (1929), the Warsaw Convention as Amended at the Hague (1955) and Warsaw supplementary protocols such as the “Guadalajara Convention”, Protocol of Montreal No. 4 or the Montreal Convention (1999).
“Carrier means a User offering Carriage via the Platform.
“Company” shall mean Freight Exchange Pty Limited (53602517251), its employees, servants, agents, subsidiaries, associated entities, successors and/or assigns.
“Customer” shall means a User seeking Services via the Platform including but not limited to a shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods or the person for whom any of the Services are arranged and/or performed.
“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, persons, plants or animals or to any thing including that in which the Goods are carried, handled or stored.
“Force Majeure” shall mean an unforeseeable, external occurrence affecting the rights and obligations of a party and beyond the control of and not due to the fault, omission or negligence of the affected party, such events including any act of god, earthquake, flood, terrorist attack, war or other event beyond the reasonable control of the party claiming Force Majeure. Force Majeure does not include any strike, labour dispute or industrial action which could reasonably have been prevented by the Company.
“Goods” shall mean the chattels, articles or things tendered by the Customer for the Services and shall include the container(s), unit load device(s) or other packaging containing the same and any other pallet(s) delivered with the same to the Company or Subcontractor by the Customer or for or on its behalf. Goods include goods either in transit or in storage.
“Government Authority” 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 of those goods to include, without limitation, Australian Customs Service (ACS), Australian Quarantine Inspection Service (AQIS) and Australian Taxation Office (ATO).
“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.
“Platform” means the website that the Company operates and the Users use to enable the Users to book or provide Carriage of the Goods.
“Restricted goods” are items considered restricted or perishable by any authority where they generally do not pose a danger to the health, safety, or property while being transported but where their transport is regulated or banned for public policy reasons.
“Services” shall mean the provision of the Platform and/or Carriage (or a part thereof).
“Subcontractor” shall mean and include any person, firm or company (other than the Company) that arranges or performs the Services (or a part thereof).
“Valuables” shall mean bullion, coins, securities and valuable works of art.
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, corporation or other entity where appropriate.

Company’s Capacity

2. The Company, Customer and Carrier agree that:

(a) the Company acts as agent only in arranging the Services (or a part thereof) except in circumstances where:

(i) it performs the Services (or a part thereof),

(ii) it expressly agrees/undertakes in writing to act as principal or

(iii) where a Court holds it to be principal.

Not a Carrier/Entire Agreement

3. The Company is not a common carrier or carrier of any type and accepts no liability as such. Services in relation to transportation of Goods are provided and/or arranged 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 arranging, undertaking or performing of any of the Services for any customer whether before, during or after the Service has commenced and further reserves the right of the Carrier or Subcontractor to open and/or inspect all Goods at its discretion and at the Customer’s expense.

Contracts with Carrier/Third Parties

4. As agent or principal pursuant to clause 2(a) herein, the Customer hereby employs and authorises the Company to provide and/or arrange the Services with a Carrier or other third party either in its own name or in the Customer’s name with any Carrier or third party for the performance of any of the Services agreed to be arranged or performed pursuant to, or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Carrier or third party with whom the Company may contract for such Service(s) including in every case terms which may limit or exclude liability in respect of the Service. Any Carrier’s or third party’s terms are available from the Company on request.

Warranties by the Customer

5. The Customer warrants:

(a) that it is the owner of the Goods or otherwise has the authority of the owner or person having an interest in the Goods or any part thereof to accept and consign the goods upon and subject to these conditions.

(b) that the person releasing or delivering the Goods to the Company is authorised to accept and agree to these conditions on the Customer’s behalf.

(c) the adequacy of packing, stowing and suitability of the Goods for the Services contracted and accuracy of all markings and brandings of the Goods, descriptions, values and other particulars furnished to the Company for the carriage, customs, consular and any other purposes and undertakes to indemnify the Company against all loss, damage, expenses and fines arising from any inadequacy, unsuitability, inaccuracy or omission in this respect.

(d) that the performance of any Service provided or arranged by the Company to effect the instructions of the Customer in respect of the Goods shall not be in breach of any law.

Exclusion and Limitation of Liability

(a) Subject to the terms and conditions in this contract and mandatory applicable statute, convention or law, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:

(i) arising from an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;

(ii) caused by the negligence of the Company’s servants, employees, agents, Carriers or Subcontractors;

(iii) caused by a breach or fundamental breach of contract and/or breach of bailment by the Company’s servants, employees, agents, Carriers or Subcontractor;

(iv) occasioned by the Company complying with any requirement or directive of any Government Authority in relation to the Goods;

(v) occasioned by examination of the Goods by any Government Authority;

(vi) occasioned by treatment of the Goods by any Government Authority (including without limitation, any fumigation or decontamination or other treatment by AQIS).

(b) In all cases where liability cannot be excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by the Company.

(c) In all cases where liability cannot be limited or excluded by this agreement because of mandatory applicable statute, convention or law including any legislation compulsorily applicable to the Company, Carrier and/or a Subcontractor such as a Carriage by Air Convention, the Hague Rules, the Hague-Visby Rules, or the Hamburg Rules, or adaptations thereof, such as the Australian Carriage of Goods by Sea Act (1991), the New Zealand Maritime Transport Act (1994), or the Carriage of Goods by Sea Act of the United States (1936) – all as amended from time to time], the provisions of the applicable statute, convention or law shall be deemed incorporated herein and any rights, immunities and/or defences therein shall be available to the Company, Carrier or Subcontractor. For the purpose of determining the extent of the Company/Carrier/Subcontractor’s liability for loss of or damage to the Goods under this agreement or any mandatory applicable legislation, the value of the Goods lost or damaged is agreed to be the invoice cost value.

(d) In all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Services pursuant to statute or otherwise, the liability of the Company is limited to any one or more of the following:

(i) the supplying of the Services again; or

(ii) the payment of the cost of having the Services supplied again.

(e) Without limiting the generality of the foregoing, the parties shall in no circumstances be liable for loss or damage other than directly to or from the Goods, including indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused.

(f) Further without limiting the generality of the foregoing, the Company shall not be liable for any loss or damage suffered by the Customer or any other person as a result of a failure or inability of the Company, Carrier or Subcontractor to collect or receive C.O.D. payments from any consignees or their agents whether caused by the negligence of the Company, Carrier or Subcontractor.

(g) No declaration of value will be made for the purpose of extending liability and the Goods will be forwarded or dealt with at the Customer’s or owner’s risk unless express written instructions to the contrary are given by the Customer and accepted in writing by the Company and extra charge paid if required by the Company.

(h) It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:

(i) Any claim by the Customer for loss or damage must be lodged in writing to the Company within 7 days of delivery of the Goods or the date Services are completed, whichever date occurs first;

(ii) Any claim by the Customer for loss/non-delivery of Goods must be notified in writing to the Company within 7 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first.

(i) Any right to any legal remedy of the Company or the Customer against the other shall be extinguished unless legal proceedings are brought against the other within 12 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.

Negotiation of Extension of Responsibility/Liability/Warranty/Insurance

(a) Upon negotiation with the Customer in writing, the Company may agree to greater responsibility and liability than set out in the sub-paragraphs (a) to (i) of the above provision upon payment of additional charges by the Customer as required. Applicable rates for greater responsibility and liability are subject of discussion and negotiation between the parties.

(b) Should the Customer not choose nor the parties agree to the Company taking greater responsibility and liability for the Services for additional charge pursuant to subparagraph (a) above, the parties agree that the Company provides a lower cost service on the premise that it has the right to exclude or limit liability and/or seek indemnity as provided for in this Agreement.

(i) a complimentary Standard Warranty Cover (“SWC”) which large volume Customers can opt out of as agreed; or

(ii) an Enhanced Warranty Cover (“EWC”) which the Customer can choose at extra cost

in respect of loss or damage to Goods subject to the Company’s warranty terms and conditions (“WTCs”) and which if applicable are supplementary terms to this agreement and incorporated herein.

(d) The Customer may choose a Carrier on our Platform that may provide or arrange warranties or insurance. The Company will have no responsibility or liability with respect to either arranging or providing the warranty or insurance as aforesaid which are strictly subject to the terms and agreements between the Customer and the Carrier.

(e) Depending on the level of responsibility and liability or warranty cover agreed or arranged as between the Customer and the Company pursuant to sub-clause (a) to (c) above or the warranties or insurance provided or arranged by certain Carriers on the Platform pursuant to sub-clause (d) above, the Customer may need to consider seeking its own insurance cover for loss or damage it may incur that is not fully indemnified by the Company’s warranties or the Carrier’s warranties or insurance as agreed. No insurance will be arranged or effected by the Company on the Customer’s behalf.

Customer’s Indemnity

(a) The Customer as appropriate shall indemnify the Company in respect of any claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost or other liability reasonably incurred by the Company:

(i) whether arising directly or indirectly from any Service arranged or performed by the Company and/or

(ii) as a result of any breach of the terms, conditions or warranties in this contract by the Customer.

(b) Without limiting the generality of the foregoing, the Customer shall remain responsible to the Company for all charges (C.O.D. or otherwise) paid by the Company to any of its agents, Subcontractors or any other party or authority;

(c) The Customer shall indemnify the Company in respect of any loss or damage arising from any inherent defect, quality or vice of the Goods.

Quotations

9. Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at the Company’s discretion. Charges may be referred and prices quoted or displayed on the Platform for information. These are estimates only. These may change depending on any additional service or charges/fees incurred as will be advised by the Company to the Customer and will be payable by the Customer. Goods will be reweighed/remeasured to determine the chargeable weight. If this weight is more than that amount originally charged to the Customer, the Customer will be recharged based on the correct weight for which the Customer will be liable.

Authority for Payment of Expenses/Duties/Inspection and/or Release of Goods/Information

10. The Customer authorises the Company in effecting the Services, but with no obligation on the part of the Company, to:

(a) pay any duties, taxes, imposts, outlays, costs or charges in respect of the Goods and/or Services and

(b) allow inspection and/or release of the Goods or any information and/or documents of the Customer, the Goods, the Services or relating thereto as required by government authorities,

and the Customer shall indemnity the Company in respect of any disbursement, expense, cost, loss, fine or damage reasonably incurred by the Company in doing so and releases the Company from any liability in connection therewith.

Responsibility for Fees/Charges

11.

(a) The Customer shall pay the Company for all fees rendered and any charges or costs it reasonably incurs in respect of provision of the Services. This includes the payment of fees/charges which the Company is advised or agrees will be paid by a third party which then fails to so pay. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the Customer’s premises, otherwise delivered by the Customer to the Carrier or Subcontractor or on receipt of the Company’s invoice whichever occurs first. Fees and charges shall be payable in accordance with the term stated in the Company’s invoice or if not stated, will be payable on delivery. All fees and charges are non-refundable.

(b) The Customer agrees that it shall not defer or withhold payment or deduct any amount from the account of the Company by reason of any claim it alleges against the Company.

(c) The Customers shall pay the Company interest as liquidated damages at the Westpac Bank overdraft rate plus 5% on overdue fees or charges invoiced. Provision of Credit by the Company to the Customer may be suspended by the Company at its own discretion if fees and charges invoiced are overdue or otherwise.

Routes/Procedures/Method

12. If the Company is instructed by the Customer and agrees to use a particular method or type of Service, the Company shall give due consideration to the method or type designated but shall at all times have the right to choose or vary such method or type of Service or route and procedure adopted in respect of the Service performed. The Customer hereby authorises the Company to substitute alternate carriers or Service providers without notice to the Customer.

Valuables, Dangerous and Restricted goods

13.

(a) (i) Except as agreed in writing, the Company will not accept Valuables, Dangerous or Restricted goods for Services arranged or performed by the Company. Should the Customer nevertheless deliver any such goods to the Carrier or Subcontractor or cause the Company, Carrier or Subcontractor to arrange, handle or deal with any such goods whether agreed in writing or not, the Customer (not the Company) shall be liable for any loss, damage or cost thereto or consequent thereon whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify the Company from and against all penalties, taxes, duties, claims, demands, damages, costs and expenses arising in connection therewith.

(ii) Any such goods may be destroyed in the sole and absolute discretion of the Company or any other person in whose custody they may be at the relevant time. In the event that the goods are destroyed or otherwise dealt with as aforesaid, the Company shall bear no liability and the Customer shall indemnify the Company from and against all costs and expenses with respect thereto.

(b) The Customer undertakes that any of the goods referred to in (a) above (including their covering, packaging, containers and other carriage devices) shall be distinctly marked having regard to their nature. The Customer further undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of any Service having regard to their nature and in compliance with all laws and regulations which may be applicable with respect to any Service. The Customer shall indemnify the Company against all claims, losses, damages or expenses arising in consequence of any breach of this provision.

(c) The Customer’s compliance with (b) above in no way reduces or limits those rights afforded to the Company under (a) of this clause.

Delivery/Completion

14.

(a) The Company is authorised to arrange delivery of the Goods to the consignee or its agent at the address nominated to the Company by either the Customer, the consignor, the consignee or their agents and it is expressly agreed that the Carrier shall be deemed to have delivered the Goods in accordance with this contract if the Carrier or Subcontractor obtains a receipt, signed delivery docket for the Goods, signature on its consignment note or contemporaneous record verifying the identity from any person at that address.

(b) If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Company in its sole discretion may at its option either deposit the Goods at the nominated place or store the Goods at the risk and expense of the Customer, both of which will be deemed to be delivery of the Goods under this Contract.

(c) Dates and time specified or requested for completion of Carriage or any other Service are estimates only and the Company shall not be liable for failure to complete Carriage or any other Service on such date(s) or time(s).

Sale and Disposal of Goods

15.

(a) The Company, Carrier and Subcontractors shall be entitled at the cost and expense of the Customer, subject to any compliance with any applicable law, to sell or dispose of:

(i) Goods which in the opinion of the Company, Carrier or Subcontractor cannot be delivered by reason of the Goods being insufficiently or incorrectly addressed or by reason of the Goods not being collected or accepted by the Consignee or for any other reason, and

(ii) any Perishable goods which in the opinion of the Company, Carrier or the Subcontractor appear to be deteriorating, if the Customer fails to adequately instruct the Company with respect thereto or fails to pay any costs and expenses necessary to implement the Customer’s instructions.

(iii) Goods considered abandoned pursuant to this agreement.

(b) If the Goods are sold pursuant to Clause (a) above, the Company can use the proceeds of sale to discharge any fees and charges owed by the Customer, including the costs of sale. Any balance of any proceeds remaining following such discharge will be remitted to the Customer.

Regulation Compliance

16. The Customer shall exercise all reasonable care and comply with all applicable laws, Government regulations/directions and industry standards including those relating to the packing, carriage, storage, customs clearance, delivery, inspection or other Services in respect of the Goods, and shall provide such information and documents as may be necessary to exercise such care and comply with such laws, regulations and standards. The Company shall not be liable to the Customer or any other party for loss or expense due to the Customer’s failure to comply with this provision and the Customer will indemnify the Company for any expense, damage or liability incurred by the Company in so complying.

Carriers

17.

(a) It is the sole obligation of the Carrier to ensure that it complies will all laws, statute, rules and regulations with respect of the Carriage of the Goods.

(b) The Carrier must set out and provide all terms and conditions on which it provides the Carriage in its quote submittal form on the Platform, including all charges, taxes and fees payable.

(c) The Carrier may refuse Carriage of the Goods without liability to the Customer if the Goods are not as described by the Customer when booking the Carriage and to transport the Goods would contravene applicable laws or cause significant issue to the Carrier.

(d) The Carrier may requote for the Carriage if the Goods are not the weight, dimensions or description described by the Customer when booking the Carriage.

Information

18.

(a) Subject to applicable law, the Company reserves the right to keep all records of Users using the Platform, including any and all transactions and communication between Users.

(b) Users are solely responsible for information provided to the Company or other Users in registering to use the Platform or communicating during provision of the Services.

(c) The Users must not provide contact information to Users or other parties for the purpose by bypassing the Company’s booking fees.

(d) Users authorise the Company to use the information provided so the Company can arrange and the Users can use the Company’s platform to book and/or perform Carriage.

(e) The Platform provides a passive conduit for any and all communication and/or distribution of information between the Company and Users and between Users. The company has no control, editorial or otherwise, over any communication, information and specifically, over the content of such communications from and between Users. The Company does not and will not ensure the accuracy or reliability of such communication or information from or between Users nor will it act as a monitor over the content of such communication or information.

(f) The Company can remove or restrict any communication or information at its discretion.

(g) The User expressly represents and warrants that it is the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that it posts on the Platform. To that extent, the User allows the Company to use its communication, content and/or information without violation of the User’s rights.

(h) The User grants the Company a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that the User has in its communication, content and/or information.

(i) The user further represents and warrants that any and all of its online communication, content and/or information:

(i) will not violate any international, federal or state law, regulation, rule or statute;

(ii) will not violate these terms and conditions;

(iii) will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trade mark rights;

(iv) will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about the Company or other Users on the Platform;

(v) will not scan or test the vulnerability or security of the Platform or the system within which it operates;

(vi) will not be used for commercial or public purposes outside of a requirement of these terms and conditions;

(vii) will not create liability for the Company in any manner whatsoever;

(viii) will not frame or link to the Platform without our written permission;

(ix) will not involve the upload, or insertion of, any programming language or code into or onto, the Platform.

(j) The User will use common sense and good judgment when conducting or posting any online communication or distribution of information. The User assumes all legal responsibility for all communication or distribution of information on the Platform and will indemnify the Company in respect of all claims, demands, liabilities, loss and/or damage (direct or indirect), costs, expenses and/or penalties of any kind incurred as a result of any of its online communication or distribution of information.

Right to Reject or Remove Users

19. The Company can reject any User’s use of the Platform or remove any User from the Platform at any time for any or no reason without notice to the User.

Confidentiality/Non-Disclosure

20.

(a) The Company may disclose to the User or the User may otherwise learn of or discover, the Company’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of the Company’s business (“Company’s Information”).

(b) The User agrees and acknowledges that any and all of the Company’s Information is confidential and shall be the Company’s sole and exclusive intellectual property and proprietary information. The User agrees to use the Company’s Information only for the specific purposes as allowed by these terms and conditions. Any disclosure of the Company’s Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law.

(d) The User agrees and acknowledges that the Company’s Information is proprietary, confidential and extremely valuable to the Company, and that the Company would be materially damaged by the User’s disclosure of the Company’s Information. The User acknowledges and agrees that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that the Company shall be entitled to injunctive relief.

No Warranty for Platform

21.

(a) To the maximum extent permitted by law, the Company does not represent or warrant that the content on the Platform is accurate, reliable, suitable, or complete.

(b) Although the Company uses reasonable care and skill in providing the Platform for use, it does no warrant that the Platform will be continuously available or virus or fault free.

(c) These terms and conditions exclude all warranties and guarantees with regard to participation in and use of the Platform by the Users, including all implied warranties and guarantees, except as may be expressly set out in these terms and any warranties that cannot be excluded at law (including under the ACL).

Legal Compliance Using Platform

22. The User shall comply with all domestic and international law, statutes, rules and regulations regarding use of the Platform.

Law and Jurisdiction

23.

(a) Any dispute arising under this Contract shall be governed by the laws of New South Wales and shall be determined exclusively by the courts of New South Wales.

(b) A reference to any law includes a statutory modification, substitution or re-enactment of it.

Severance & Waiver

24. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable, such unenforceability shall not affect the application of any other part of such provision or any other provision hereof. Further, should the Company elect not to exercise any of its rights under this contract, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by the Customer or Carrier.

Inconsistency & Priority

25.

(a) To the extent of any inconsistency of enforceable terms or a part thereof herein, these terms will prevail over any other terms issued by the Company, Customer or Carrier.

(b) The use of the Customer’s or Carrier’s own form is no derogation to these terms and conditions.

Trade Practices

26.

(a) These terms and conditions of contract do not affect the Customer’s rights pursuant to the ACL if the Customer is a “Consumer” or “Small Business” and this agreement with the Customer is a “Consumer Contract” or “Small Business Contract” – all quoted terms as defined under the ACL. To the extent that any term or a part thereof is contrary to or rendered inapplicable or void by application of the ACL or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.

(b) If the Customer is a “Consumer” or “Small Business” and this agreement is a “Consumer Contract” or “Small Business Contract” as defined under the ACL, the parties agree that:

(i) the time-bars in Clauses 6(h)(i) and (ii) will not apply.

(ii) the Company’s right to limit or exclude liability in this Agreement is reasonable and not “unfair” in circumstances where prior to the provision of the Services, the parties agree on the allocation of costs, risks and liability where:

(a) the Company has given the Customer a reasonable opportunity to request that the Company take a higher level of risk and liability at a higher cost;

(b) the Customer chooses and agrees to a lower cost for a lower level of risk and liability level from the Company; and

(iii) the Customer’s indemnity referred under Clause 8(a)(i) above will not apply to the extent that the claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost or other liability incurred by the Company resulted from the negligence, recklessness or wilful act of the Company, its servants, agents, Carrier or Subcontractors or is otherwise unreasonable or unreasonably incurred.

(iv) Clause (c) below will not apply.

(c) Unless written notification to the contrary is given by the Customer to the Company at or prior to entering into this agreement, the Customer expressly warrants and represents that all or any Services to be supplied by the Company and acquired by the Customer pursuant to this agreement are so supplied and acquired for the purposes of a business, trade, profession or occupation carried on or engaged in by the Customer.

(d) If the carriage of Goods involves an ultimate destination or stop in a country other than the country of departure, a Carriage by Air Convention may be applicable and may govern and in most cases limit the liability of the Carrier in respect of loss, damage or delay to cargo, unless a higher value is declared in advance by the Customer and a supplementary charge paid if required.

Reasonable Care/Force Majeure

27. Where the Company is unable to carry out any obligation under the contract or any loss or damage is caused to the Goods or otherwise due to Force Majeure or any circumstance, matter or thing beyond the Company’s exercise of reasonable care, the Company shall be excused and released from such obligations or liability to the extent of such prevention, restriction or interference so caused.

Intellectual Property Notice

28.

(a) All copyright and other intellectual property rights subsisting in the Platform and the material on the Platform (including, without limitation, the software, design, text and graphics comprised in or website and the selection and layout of our website) is owned or licensed by the Company and protected by the laws of Australia and other countries.

(b) The User is authorised to use the Platform and its contents using its web browser and sharing its information to book or provide Carriage.

(c) The User must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Platform, including audio and video excerpts, except as permitted by statute or with the Company’s prior written consent.

Our services are provided in a competitive environment where costs are a function of risk and liability to us and our customers.

Accordingly, we offer our customers the following three alternative services which reflect different levels of risk, liability and cost to us and our customers.

1 No Liability Service – provided at lowest cost but greatest risk to you the Customer where we can exclude and/or limit our liability to you howsoever loss or damage is caused.

2 Standard Warranty Service – provided at increased cost but lesser risk to you the Customer in 1 but where we conditionally warrant strict limited liability only for loss of, and or damage to, Goods received to the lesser of the cost of repair or replacement of the Goods received not exceeding the limits of A$1,000 or A$5,000 depending on which warranty you choose subject to WTCs.

3 Enhanced Warranty Service – provided at increased cost where we conditionally warrant strict limited liability only for loss of, and or damage to, Goods received to the lesser of the cost of repair or replacement of the Goods received not exceeding the limits of A$5,000 or A$50,000 depending on which warranty you choose subject to WTCs.

If none of our service alternatives suit your business objectives, please contact us to negotiate a different service that might better suit our respective businesses.

When completing a booking on the FreightExchange platform, you will be required to select the warranty service you wish to choose. At this time, you will be prompted to confirm your choice.

We do not provide or arrange insurance for our customers, so irrespective of which service you agree we provide, you should consider obtaining your own insurance as your loss and/or damage may exceed our liability.

Our services are provided subject to our trading terms and conditions which can be found at (insert link to page on website with TTCs) in addition to our warranty terms and conditions should you choose our Conditional Warranty Service which can be found at (insert link to page on website with WTCs).