1 GENERAL CONDITIONS

1.1 APPLICATION OF CONDITIONS

These Conditions apply to all Services provided by EMPIRE COURIERS Pty Ltd (ABN 81144042839)  Trading as Complete Storage and Logistics (“Complete Storage and Logistics”).

The Customer is deemed to accept these Conditions upon the Goods coming into Complete Storage and Logistics' possession.

 

1.2 DEFINITIONS

In these Conditions:

“Abandoned Goods”  means Goods which have not been accepted for delivery and which have remained in the possession of Complete Storage and Logistics for 180 days.

“Conditions”  mean these Standard Conditions of Contract.

“Container”  means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry Goods.

“Contract”  means the whole of the terms and conditions agreed with Complete Storage and Logistics for the performance of the Services and the agreement resulting from the acceptance by Complete Storage and Logistics of the Goods for transportation or storage and is deemed to include these Conditions, the Terms of Trade, the conditions which are incorporated into any bill of lading, waybill or consignment note issued by Complete Storage and Logistics, and the applicable Rate Card and Services Agreement and any variations agreed in writing by Complete Storage and Logistics and the Customer.

“Customer”  means the person at whose request or on whose behalf Complete Storage and Logistics provides the Services.

“Dangerous Goods”  means dangerous goods as defined in the Australian Dangerous Goods Code, and any Goods which are dangerous, volatile, explosive, inflammable or offensive, or which may become dangerous, volatile, explosive, inflammable or offensive, or which may become harmful to any person, property or the environment whatsoever. 

“Complete Storage and Logistics”  means the entity Empire Couriers Pty Ltd (ABN 81144042839) trading as Complete Storage and Logistics with whom this contract is made.

“Complete Storage and Logistics Website”  means https://www.completestorageandlogistics.com.au/

“Goods”  means the cargo, baggage, Motor Vehicle or item in relation to which any part of any Services have been or are to be performed and any receptacle, Container, package, packaging, or item in or on which they are contained or with which they are stored or handled. 

“Government Agency”  means a government or government department or other body, a governmental, semi governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law. 

“GST Law”  has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Invoice” means a tax invoice issued under the GST Law.

“Motor Vehicle”  means a passenger vehicle, light commercial vehicle or truck.

“Rate Card” means the rate card for each Customer to calculate charges for the Services.

“Responsible Persons”  means the Customer and anyone enjoying the benefit (whether directly or indirectly) of any part of the Services whether as principal, servant or agent.

“Services”  mean the whole of the operations provided by Complete Storage and Logistics for the Customer including the warehousing, carriage, transport, movement, pick and pack and/or any other service performed or arranged by Complete Storage and Logistics for the Customer, and any and all computer systems used by Complete Storage and Logistics to provide the Services.

“Services Agreement”  means, where applicable, the agreement forming part of this contract which includes specific provisions relating to the Services.

“Subcontractor”  means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Complete Storage and Logistics) provides or agrees to provide the Services or any part of the Services. 

“Tariff”  means Complete Storage and Logistics' tariff of charges as applicable from time to time.

“Temperature Controlled Goods”  means Goods which require temperature control.

 

1.3 APPLICATION 

1. Complete Storage and Logistics is not a common carrier and accepts no liability as such. Complete Storage and Logistics reserves the right to agree or to refuse to contract with the Customer in its absolute discretion. 

2. Complete Storage and Logistics is not, and will not be deemed to be, a consignor as defined by the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cth), and accepts no liability as such. The Customer authorises Complete Storage and Logistics to name the Customer or another person as the consignor in any documentation where applicable. 

3. All Services are provided by Complete Storage and Logistics subject only to the Contract. 

4. In the event of and to the extent of any inconsistency between these Conditions and the conditions which are incorporated into any bill of lading, waybill or consignment note issued by Complete Storage and Logistics, the conditions in the bill of lading, waybill, consignment note or Complete Storage and Logistics Website shall prevail. 

5. All rights, immunities, indemnities and limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this Contract or of these Conditions by Complete Storage and Logistics or any other person entitled to the benefit of such provisions. 

6. If any provision or any part of a provision in these Conditions is unenforceable such unenforceability shall not effect any other provision or any other part of a provision. 

7. Complete Storage and Logistics shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement is in writing and signed by an authorised person. 

 

1.4 CUSTOMER'S WARRANTIES 

The Customer warrants that: 

1. It is either the owner and/or the authorised agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this Contract on its own behalf and/or as authorised agent of that person or persons. 

2. The Goods are packed to withstand the ordinary risks of the Services having regard to the nature of the Goods, and the Container has been secured. 

3. It has accurately and fully described the Goods and has provided all necessary instructions and information regarding handling, care and control of the Goods having regard to the nature and packaging of the Goods. 

4. It has complied with the requirements of any applicable law (including the Australian Dangerous Goods Code) relating to the nature, condition, packaging, handling, labelling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable Complete Storage and Logistics to comply with any of its obligations under such laws. 

5. It shall not tender any Dangerous Goods or Temperature Controlled Goods for the provision of Services by Complete Storage and Logistics without presenting a full description of the Goods and disclosing their nature, and where relevant, information relating to the manner in which the Services must be provided. 

 

1.5 CUSTOMER'S INDEMNITIES

1. The Customer indemnifies and will keep Complete Storage and Logistics, its officers, employees, agents and Subcontractors indemnified against:

a) any loss, damage, expense or liability incurred by them;

b)  any claim or allegation made against, or any claim for death of or bodily injury to a person,

directly or indirectly caused by the Goods, their carriage, their use, or the Customer’s failure to comply with the Contract.

2. The indemnity in this clause 1.5 is reduced proportionately to the extent that Complete Storage and Logistics’ negligent act or omission caused or contributed to such loss, damage, expense, liability, claim or allegation.

 

1.6 COMPLETE STORAGE & LOGISTCS’ RIGHTS 

1. Complete Storage and Logistics may provide the Services by any method which Complete Storage and Logistics in its absolute discretion deems fit notwithstanding any instructions of the Customer that the Services are to be supplied by another method.  Complete Storage and Logistics may comply with any orders, directions or recommendations made by a Government Agency in relation to the Goods and/or the provision of the Services without recourse by, and at the risk and expense of, the Customer. 

2. If the Customer or the receiver fails to accept delivery of the Goods, Complete Storage and Logistics shall be entitled to store the Goods at the risk and expense of the Customer. 

3. Complete Storage and Logistics may dispose of Abandoned Goods by public auction or private treaty and without compensation to the Customer. The Customer shall be given 14 days written notice of Complete Storage and Logistics' intention to dispose of the Goods. 

4. If, in the opinion of Complete Storage and Logistics, the Goods are liable to become Dangerous Goods, Complete Storage and Logistics in its absolute discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon or render harmless the Goods without compensation to and at the expense of the Customer. 

5. If, in the opinion of Complete Storage and Logistics, the Goods do not meet the requirements of all applicable laws relating to the Goods and Services, or are unsuitable to be handled by Complete Storage and Logistics using the equipment and operating procedures normally employed by Complete Storage and Logistics in providing the Services, Complete Storage and Logistics in its absolute discretion may: 

a) refuse to provide the Services in respect of the Goods or any part of them; or 

b) take whatever measures deemed necessary at the risk and expense of the Customer to cause the Goods to comply with the requirements of all such laws or to make the Goods suitable to be handled. 

7. If, in the opinion of Complete Storage and Logistics it is necessary and reasonable to do so to render the Goods or Services in relation to the Goods safe, Complete Storage and Logistics may open any Container, package, wrapping or document. 

8. Complete Storage and Logistics may subcontract the Services (in whole or in part) on any terms and Complete Storage and Logistics is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of a Subcontractor and/or any person who is or may be vicariously liable for the acts or omissions of Complete Storage and Logistics or a Subcontractor, each of whom shall to this extent be or be deemed to be parties to this Contract. 

9. Complete Storage and Logistics may provide additional services to the Customer to the Services being provided in which case the provisions of the Contract will apply with such additional charges payable by the Customer as notified by Complete Storage and Logistics and agreed to by the Customer. If the Customer does not agree to such additional charges, Complete Storage and Logistics is under no obligation to provide the additional services.

 

1.7 COMPLETE STORAGE & LOGISTICS’ LIABILITIES 

1. Every exemption, limitation, condition, right, defence and immunity available to Complete Storage and Logistics shall be available and shall extend to protect a Subcontractor or any person who is or may be vicariously liable for the acts or omissions of Complete Storage and Logistics, or a Subcontractor. 

2. Complete Storage and Logistics accepts no responsibility for the accuracy of any part of any description of, or any declaration in relation to, the Goods on any document to which the Services relate. 

3. Except as provided for in clause 1.7.4, Complete Storage and Logistics, its officers, employees and agents shall not be liable to the Customer for any damage, costs or losses (including, without limitation, consequential losses, loss of business, lost profits or production, loss of opportunity or anticipated savings, indirect or economic loss in any case whether foreseeable or not) incurred by the Customer or any other person:

a) arising out of a breach by the Customer of any warranty in these Conditions and/or any applicable Services Agreement; 

b) arising from loss or damage to the Goods, concealed damage, deterioration, contamination or evaporation of the Goods, misdelivery of the Goods or delay in delivering or failure to deliver the Goods; or

c) caused by delay in providing or failure to provide or perform the Services,

except to the extent such damage, costs or losses were caused or contributed to by the negligent act or omission of Complete Storage and Logistics. 

4. Subject to the provisions of this clause, the liability of Complete Storage and Logistics in respect of an incident (being those incidents listed in clause 1.7.3) is limited to supplying the Services again or to the payment of the cost of having the Services supplied again. 

5. Subject to the provisions of this clause, any claim for loss of or damage to the Goods or relating to performance of the Services must be notified in writing to Complete Storage and Logistics within 7 days of delivery of the Goods or Container or the date by which the Goods should have been delivered. 

6. In any event, Complete Storage and Logistics shall be discharged from all liability whatsoever unless suit is brought within 6 months of the provision of the Services, delivery of the Goods or Container, when the Services should have been provided, or when the Goods should have been delivered.

7. If the Customer is a consumer (as defined in the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) ACL) nothing in the Conditions restricts, limits or modifies the Customer's rights or remedies against Complete Storage and Logistics for failure of a statutory guarantee under the ACL.

 

1.8 ADVICE & INFORMATION

1. Complete Storage and Logistics shall not be responsible in tort, contract or otherwise for any, or the consequences of any, loss or damage, costs, fines or penalties incurred by the Customer or any other person resulting from or arising out of or in connection with any quotation, advice, statement, representation or information given or made by or on behalf of Complete Storage and Logistics to the Customer or others as to the classification of or any matter material to the valuation of or the liability for the amount, scale or rate of customs and/or excise duty or other impost, tax or rate charged in respect of the Goods. 

2. In giving or making such quotation, advice, statement, representation or information Complete Storage and Logistics relies solely on the particulars provided by the Customer in relation to the Goods and in relation to the transaction(s) relating to the Goods. 

 

1.9 CARRIAGE AND RETURN OF CONTAINERS

1. The Customer shall be responsible for the return of any Container to the person who owns or has the right of possession of a Container or its agent and the Customer indemnifies Complete Storage and Logistics against any claims, demands or liabilities which may arise as a result of a failure by the Customer to do so, except to the extent such claim, demand or liability is caused or contributed to by the negligent act or omission of Complete Storage and Logistics. 

2. Complete Storage and Logistics shall not be responsible for the safe and proper packing and stowage of the Goods in any Container, having regard to the requirements of the Container, if such packing and stowage is done by the Customer. 

3. Any Container supplied by Complete Storage and Logistics shall be: 

a) inspected by the Customer prior to packing and stowage to ensure that the Container is undamaged and suitable for carriage of the Goods; and 

b) returned to Complete Storage and Logistics clean and undamaged to the place and by the date nominated by Complete Storage and Logistics, failing which the Responsible Persons shall be jointly and severally liable for demurrage which shall be charged in accordance with the applicable Tariff or Services Agreement, and for all resulting costs and expenses incurred by Complete Storage and Logistics. 

 

1.10 NO INSURANCE

1. The Customer acknowledges that the Carriage of Goods is inherently risky and Complete Storage and Logistics would not agree to provide the Services without an assurance that the Customer has adequate insurance. Accordingly, the Customer agrees that it will take out insurance in relation to loss of, or damage to, the Goods and any failure to perform the Services and waives all rights it may have against Complete Storage and Logistics in relation to the subject matter of such insurance.

2. The Customer will hold the benefit of such insurance for itself and Complete Storage and Logistics and will indemnify Complete Storage and Logistics against any liabilities incurred by, or claims made against, Complete Storage and Logistics arising from any failure by it to take out such insurance.

 

1.11 PAYMENT

1. Complete Storage and Logistics' charges must be paid in full within 14 days of the date of the Invoice issued by Complete Storage and Logistics without discount, deduction, counterclaim or set-off, regardless of any dispute between Complete Storage and Logistics and the Customer. In the event of a breach by the Customer of this clause 1.11.1, Complete Storage and Logistics reserves the right to suspend or to refuse to provide the Services to the Customer in its absolute discretion. 

2. Complete Storage and Logistics may charge by weight, measurement or value and may at any time re-weigh or re-value, or re-measure or require the Goods to be re-weighed, re-valued or re-measured and charge proportional additional charges accordingly. 

3. Every special instruction to the effect that charges shall be paid by a person other than the Customer shall be deemed to include a stipulation that if that person does not pay those charges within 7 days of the date set for payment, or if no date is set for payment within 7 days of delivery or attempted delivery of the Goods, then the Customer shall pay those charges within 7 days of being notified of that person's failure to pay. 

 

1.12 LIEN

1. Complete Storage and Logistics has a general lien on the Goods and any documents relating to the Goods for all sums payable by the Customer to Complete Storage and Logistics.

2. Complete Storage and Logistics shall have the right to charge for storage and/or may remove to a warehouse or bond store the Goods subject to a lien at the risk and expense of the Customer. 

 

1.13 FORCE MAJEURE

1. Complete Storage and Logistics is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. In any event of force majeure occurs, Complete Storage and Logistics may suspend or terminate the Contract by written notice to the Customer.

 

1.14 STANDARD CHARGEABLE PALLET SIZE 

In respect of line haul services and freight services between Tasmania and mainland Australia, unless otherwise agreed, the following provisions apply:

a) General less than container load (LCL) rates are charged by Complete Storage and Logistics on the dead weight or cubic weight (1:1 ratio) of the pallet, whichever is greater.

b) The standard pallet specification is 1.20 M x 1.20 M x 1.20 M. Out of gauge freight will be charged in 1.20 M increments.

c) These services are based on a Fork On/Fork Off basis, and for business to business transactions only. Complete Storage and Logistics has the right to impose additional charges should alternative loading and unloading methods be required.

d) Demurrage will apply after one hour for semi-trailer truck loading or unloading at the rate specified in the Rate Card.

e) Charges for Sideloader or Tilt Tray delivery will be quoted based on site suitability for pick up and delivery of Goods. The Customer acknowledges and agrees that full payment of the charges is required if Complete Storage and Logistics fails to deliver Goods by using Sideloader or Tilt Tray delivery methods due the delivery or pickup site not being suitable for either delivery method.

 

1.15 JURISDICTION

1. These Conditions shall be governed and construed in accordance with the laws of Tasmania and the parties submit to the exclusive jurisdiction of that State.