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In these Terms and Conditions “the Company” means IFB Network Pty. Limited, its servants, agents, successors and assigns; “person” means any person or persons, company, firm or other organisation or like entity whatsoever. “The Customer” means any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services; “third party” means any person not being the Company or the Customer, “goods” means any matter, article or thing whatsoever in relation to which the Company, undertakes any business, provides advice, information or services.
1. The Company undertakes all and any business, provides advice, information or services pursuant to these Terms and Conditions and the Customer agrees to be bound hereby.
2. The Customer hereby expressly authorises the Company to enter into contracts or other arrangements on behalf of the Customer-
a) for the forwarding or carriage of goods by any route or means or person
b) for the storage, packing, trans shipment, loading, unloading or handling of goods by any person at any place whether in transit or otherwise and for any length of time
c) for the forwarding, carriage, storage, packing or handling of goods, with other goods of whatever nature; and,
d) to do such acts as may in the opinion of the Company be reasonably necessary in the performance its obligations herein.
3. The Company shall be entitled to perform any and all of its obligations herein by itself or by its parent, subsidiary or associated companies as it may think fit and in the absence of agreement in writing to the contrary and contracts to which these Terms and Conditions apply are made by the Company on its own behalf and also as agent for and on behalf of any such parent, subsidiary or associated company and any such parent, subsidiary or associated company shall be entitled to the benefit of these Terms and Conditions.
4. The Company is not a Common Carrier and does not undertake the obligations or liability of a Common Carrier.
5. The Company does not make or purport to make any contract with the Customer for, or any undertakings to the Customer in relation to, the forwarding, carriage, storage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing contacts with third parties. The Company is not obliged to disclose to any such third parties whether it is acting as principal or agent and may in relation to such persons contract in whatever manner it sees fit.
6. The Company may and is hereby expressly authorised by the Customer to delegate its authority hereunder to contract in relation to goods and the performance of its obligations to such other person as it seems fit and without limiting the generality thereof whenever the Company is instructed by the Customer to undertake or arrange forwarding,
carriage, storage, packing or handling or any other service, it shall be authorised to entrust the goods or arrangements to third parties subject to such persons contractual conditions including any special conditions such third party may in any particular case require and further including any conditions to the effect that the third party may employ another person in relation to the forwarding, carriage, storage, packing, or handling of, or other service in relation to the goods.
The Customer shall be bound by such and all conditions of third parties and shall release the Company from, and indemnify the Company against, any claims arising therefrom.
7. The Company is not liable for departure or arrival dates of goods or any losses, damages, or expenses whatsoever resulting from any variation thereof.
8. The Company shall not be liable for any loss or damage to goods or for any consequential loss or damage sustained by the Customer, and the goods are at all times at the risk of the Customer.
9. The Customer agrees that the goods may at any time and from time to time be warehoused or otherwise held at any place or places at the sole discretion of the company and in every case at the Customer’s risk and expense as a charge or charges of and incidental to or in connection with the goods hereunder.
10. The Company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transportation of goods subject only to express instructions in writing given by the Customer and accepted by the Company.
11. Without limiting any other matters herein the Company’s liability howsoever arising shall not exceed $100.00 in relation to any transaction, or consignment of goods, between the Company and the Customer.
12. The Customer warrants that it is either the Owner of the goods or the authorised agent of the Owner and also that it is accepting these terms and Conditions not only for itself but also where relevant as agent for an on behalf of the Owner.
13. The Customer warrants that the description and particulars furnished by or on behalf of the Customer including but without limiting the nature, quantity, quality, type and value of any goods are full and accurate and the Company shall not be liable under any circumstances for any loss damage, expense or claim arising from or in any way connected with the said description and particulars of the goods.
14. No insurance will be affected by the Company except upon express instructions given in writing by the Customer and accepted by the Company.
15. All surcharges or further or additional charges including but without limiting the generality thereof duties, taxes, imposts, levies, deposits, fines, costs and expenses which may be or become payable for or on account of or in connection with the goods shall be payable by the Customer and the Customer shall indemnify and keep indemnified the Company in respect thereof.
16. The Customer shall hold harmless and indemnify and keep indemnified the
Company against all liability loss damage costs and expenses whatsoever arising out of the Company acting in accordance with the
Customer’s instructions or arising from any breach by the Customer of any warranty contained in these Terms and Conditions or from the negligence of the Customer.
17. a) Subject to sub-clause (b) Hereof, the Company shall have a general lien on all goods, and documents relating to the goods, in its possession, custody of control for all sums due at any time from the Customer or Owner and shall be entitled to sell or dispose of such goods or documents for and at the expense of the customer at the expiration of 28 days from the date of posting of notice in writing to the customer of its intention to so sell or dispose of such goods or documents and may apply the proceeds in or towards the payment of such sum or sums due. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and costs of storage sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
b) When the goods are liable to perish or deteriorate the Company’s right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the Company subject only to the Company’s taking reasonable steps to bring to the Customer’s attention its intention of selling or disposing of the goods before doing so.
18. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal before acceptance and revision after acceptance. If any changes occur in the rates of customs, duty, freight, insurance premiums or other charges applicable to the goods including amounts payable by the Company to any person with whom it contracts on behalf of the Customer, quotations and charges shall be subject to revision accordingly without notice.
19. The Customer shall pay to the Company in cash or as otherwise agreed all sums when due without reduction or deferment on account of any claim, counterclaim or set off.
20. All accounts and invoices are payable immediately and if not paid immediately then:
a) the Customer is liable for interest upon the account or invoice at the expiration of 14 days of the date thereof at a rate equal to the then current prescribed rate payable pursuant to Section 85 of the District Court Act (N.S.W.)
b) The Customer is liable and shall indemnify and keep indemnified the Company for all further amounts payable by the Company in connection with the goods as a result of any variation in exchange rates.
21) These Terms and Conditions, the agreement herein and any matters arising here from together with all other agreements or dealings whatsoever between the Company and the Customer Shall be governed by Australian Law and shall be within the exclusive jurisdiction of the Australian Courts.
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