STANDARD TRADING CONDITIONS

Application of Conditions Company and for that purpose the Company shall have the right to sell any such goods
1. In this contract:- (i) Any claim for damage to Goods must be lodged in writing to the Company within 7 by public auction or private treaty without further notice to the Customer.
“Company” shall mean Associated Customs & Forwarding Services Pty Ltd(ACF) days of delivery of the Goods;
(ACN 79103098577), their employees, servants and agents. Valuables, Dangerous Goods, Perishable Goods, Livestock etc.
“Customer” shall mean the shipper, consignor, the receiver, consignee, the owner of the (ii) Any claim for loss/non-delivery of Goods must be notified in writing to the Company 16.(1)(a) Except as agreed in writing, the Company will not accept Valuables, Perishable
Goods, the bail or of the Goods or the person for whom any other Services are within 90 days from the date the Goods are placed with the Company; goods, livestock or plants for Carriage or for other Services performed or arranged by the
performed. Company. Should the Customer nevertheless deliver any such goods to the Company
“Carrier” includes all carriers and all other persons and companies that carry or (iii) Any rights to damage against the Company shall be extinguished unless action is or cause the Company to handle or deal with any such goods otherwise than as agreed
undertake to carry the goods which are subject hereof. brought within 9 months after the completion of the Services, delivery of the Goods or in writing, the Customer shall be liable for any loss or damage thereto or consequent
“Goods” shall mean the chattels, articles or things tendered for carriage or bailment or the date the Goods should have been delivered, whichever date occurs first. thereon whether direct, indirect or consequential and howsoever caused and the
other services by the Customer and shall include the container or containers, unit load Customer shall indemnify the Carrier from and against all penalties, taxes, duties, claims,
devices or other packaging containing the same and any pallet or pallets delivered with (g) It is specifically agreed that all rights, immunities and limitations of liability granted to demands, damages, costs and expenses arising in connection therewith.
the same to the Company. the Company by the provisions set forth in this Contract shall continue to have their full
“Services” shall mean the carriage, transport, movement, storage, customs clearance force and effect in all circumstances and notwithstanding any breach of the contract or (b) Except as agreed in writing, the Company shall not accept business relating to
and/or any other service performed or arranged by the Company pursuant to, or ancillary any condition hereof by the Company. Dangerous goods for Carriage or for other Services performed or arranged by the
to, this contract with the Customer. Company. Should the Customer nevertheless deliver any such goods to the Company
“Dangerous goods” shall mean such of the goods as shall be, or become, in fact or at Warehousing or cause the Company to handle or deal with any such goods otherwise than as agreed
law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by 6. Pending forwarding, the Goods may at any time be warehoused or otherwise held at in writing, the Customer shall be liable for all loss or damage thereto or consequent
their nature of causing damage or injury to other goods or to any person or animals or to any place or at any time be removed from any place at which they may be warehoused thereon whether direct, indirect or consequential and howsoever caused and the
any thing in which those goods are carried or stored. or otherwise held to any other place to be warehoused or otherwise held at the sole Customer shall indemnify the Company from and against all penalties, taxes, duties,
“Valuables” shall mean bullion, coins, precious stones, jewellery, antiques, or works of discretion of the Company and in every case at the Customer’s risk and expense as a claims, demands, damages, costs and expenses arising in connection therewith.
art. charge or charges of and incidental to or in connection with the carriage of the Goods
“Perishable goods” shall mean such of the Goods as shall be in fact or law liable to hereunder. (c) Any such Valuables, Dangerous goods, Perishable goods, livestock or plants may be
deteriorate in quality and/or value and shall include, but not be limited to, fruits, destroyed or otherwise dealt with if deemed necessary in the sole and absolute
vegetables, dairy products, meat, etc. Customer’s Indemnity discretion of the Company or any other person in whose custody they may be at the
“Subcontractor” shall mean and include:- 7.(a) The Customer shall indemnify the Company in respect of any claim, loss, damage, relevant time. If such Valuables, Dangerous goods, Perishable goods, livestock or
(i) any other person, firm or company with whom the Company may arrange to effect any payment, fine, expense, duty, tax, impost or other outlay whatsoever arising directly or plants are accepted pursuant to a written agreement, they may nevertheless be
Service in respect of Goods which are the subject of this contract. indirectly from any Service arranged or performed by the Company in respect of the destroyed or dealt with if deemed necessary in the sole and absolute discretion of the
(ii) any person, firm or company which is now or hereafter a servant, agent, employee or Goods and/or in respect of any such cost incurred as a result of any breach of the terms, Company or any other person in whose custody they may be at the relevant time. In the
subcontractor of any of the persons or entities referred to in (i) above. conditions or warranties in this contract by the Customer. event that the Goods are destroyed or otherwise dealt with as aforesaid, the Company
Words importing the singular will include the plural and vice versa and words importing shall bear no liability there for and the Customer shall indemnify the Company from and
any gender will include all genders and words importing a person will include firm and (b) Without limiting the generality of the foregoing, the Customer shall remain responsible against all costs and expenses with respect thereto.
corporation where appropriate. to the Company for all charges (C.O.D. or otherwise) paid by the Company to any of its
agents or Subcontractors which are not subsequently paid to the Company by the (2) The Customer undertakes that any of the Goods referred to in (1) above (including
Not a Common Carrier consignee. their covering, packaging, containers and other devices they are carried in) shall be
2. The Company is not a common carrier and accepts no liability as such. Services are distinctly marked having regard to their nature. The Customer further undertakes that
performed by the Company subject only to these conditions of contract which constitute (c) The Customer shall indemnify the Company in respect of any loss or damage arising the Goods are packed in a manner adequate to withstand the ordinary risks of any
the entire agreement between the Company and the Customer. No person has the from any inherent defect, quality or vice of the Goods. Service having regard to their nature and in compliance with all laws and regulations
authority of the Company to waive or vary these conditions and the Company reserves which may be applicable with respect to any Service. The Customer shall indemnify the
the right to refuse at its sole discretion the carriage of Goods for any customer or any (d) The Customer hereby exempts the Company from all or any liability in respect of any Company against all claims, losses, damages or expenses arising in consequence of
other Service whether before or after the carriage or Service has commenced and further indirect or consequential loss or damage arising from the Services performed in respect any breach of this provision
reserves the right to open and inspect all Goods at its discretion and at the Customer’s of the Goods including loss of market, loss of profit or loss of contracts howsoever
expense. caused. (3) The Customers compliance with (2) above in no way reduces or limits those rights
afforded to the Company under (1) of this clause.
Agency and Subcontracting Insurance
3.(a) Subject to and in accordance with the terms and conditions and instructions 8. The liability of the Company is defined and limited to an amount stated for specified Delivery
contained in this contract, the Company agrees and the Customer hereby employs and loss and damage. Customers are therefore advised to seek their own insurance cover 17.(a) The Carrier is authorised to deliver the goods to the consignee or his agent at the
authorises the Company, as agent for the Customer, to contract either in its own name generally. No insurance will be effected by the Company except on express instructions address nominated to the Carrier by either the Customer, the Company, the consignee
as principal or as agent with any Subcontractor for the performance of any Service to be in writing from the Customer and any insurances so effected will be subject to the usual or their agents and it is expressly agreed that the Carrier shall be deemed to have
performed by the Company pursuant to, or ancillary to, this contract. Any such contract exceptions and conditions of policies of the insurance company or underwriters taking delivered the goods in accordance with this contract if it obtains a receipt or signed
may be made on the terms of contract used by the Subcontractor with whom the the risk and the Company shall not be under any obligation to effect separate insurance delivery docket for the Goods from any person at that address.
Company may contract for such Service and may be made upon the terms and subject on each consignment but may declare it on any general policy. Should such insurers
to the conditions of any special contract which the Subcontractor may in any particular dispute liability for any reason, the Customer as insured shall have no recourse against (b) If the nominated place of delivery shall be unattended or if delivery cannot otherwise
case require, including in every case any term that the Subcontractor may employ any the Company whatsoever and any recourse by the Customer shall be against the be effected the Company in its sole discretion may store the goods at the risk and
person, firm or company for performance of the Service. insurers. expense of the Customer.

(b) The Company may, and is hereby expressly authorised by the Customer, to delegate Subcontractors (c) Dates specified for completion of carriage or any other Service are estimates only and
its authority hereunder to contract for the performance of any Service in respect of the 9. The Company and any Subcontractor shall be entitled to subcontract on any terms the the Company shall not be liable for failure to complete carriage or any other Service on
Goods to such other Subcontractor as it may think fit and if it thinks fit may, and is whole or any part of the Services and any exemption, limitation, condition herein such date or dates.
hereby expressly authorised by the Customer, to constitute the relation of principal and contained and every right, exemption from liability, defence and immunity applicable to
agent between the Customer and such Subcontractor for the purpose of contracting for the Company or to which the Company is entitled shall be available and extend to Sale and Disposal of Goods
such Service. protect all Subcontractors, every agent or servant of the Company, every other person 18. The Company and its Subcontractors shall be entitled at the cost and expense of the
by whom the carriage or Services or any part thereof is performed and all persons who Customer, subject to any compliance with any applicable law, to sell or dispose of:
Warranties by the Customer are or may be vicariously liable for the acts or omissions of any of the persons other than
4.(a) The Customer warrants that the person delivering the goods to the Company is the Company mentioned herein. Similarly, every right, exemption from liability, defence (a) goods which in the opinion of the Company or Subcontractor cannot be delivered by
authorised to sign the Customer’s letter of instruction or waybill which includes these and/or immunity applicable to any Subcontactor shall be available and extend to protect reason of the Goods being insufficiently or incorrectly addressed or by reason of the
conditions and warrants that he has the authority of the person owning or having an the Company. Throughout the term of the contract, the Company shall be deemed to be Goods not being collected or accepted by the Consignee or for any other reason, and
interest in the goods or any part thereof. Without prejudice to the foregoing warranty, the acting as agent or servant on behalf of all such persons who shall to this extent be
Customer undertakes to indemnify the Company in respect of any liability whatsoever in deemed to be the parties to this contract. (b) any Perishable goods which in the opinion of the Company or the Subcontractor
respect of the goods to any person who claims to have, has or may after have an interest appear to be deteriorating if the Customer fails to adequately instruct the Company with
in the goods or any part thereof. Quotations respect thereto or fails to pay any costs and expenses necessary to implement the
10. Quotations for the Services are made on an immediate acceptance basis and are Customer’s instructions.
(b) The Customer warrants the accuracy of all markings and brandings of the goods, subject to withdrawal or revision without notice at the Company’s discretion.
descriptions, values and other particulars furnished to the Company for carriage, Scope of Application
customs, consular and any other purposes and undertakes to indemnify the Company Routes and Procedures 19. Save as otherwise provided herein, the Company shall in no circumstances
against all loss, damage, expenses and fines arising from any inaccuracy or omission in 11. Subject to the express written instructions of the Customer, the Company reserves whatsoever or howsoever arising be liable for direct or indirect or consequential loss or
this respect. the right to choose or vary the means, route and procedure to be followed in respect of damage. The defences and limits of liability provided for in this contract shall apply in
the Carriage or the Services performed in respect of the Goods. The Customer hereby any action against the Company for loss or damage or delay whether the action be
The Customer warrants that the performance of any Service provided or arranged by the authorises the Company to complete the Carriage or Services with reasonable dispatch founded in contract, tort or otherwise.
Company to effect the instructions of the Customer in respect of the Goods shall not be a and to substitute alternate carriers or Service providers without notice to the Customer
breach of any law. and with due regard to the interests of the Customer substitute other means of transport Regulation Compliance
or Service. 20. The Customer shall comply with all applicable laws and Government regulations of
Limitation and Exclusion of Liability any country to, from, through or over which the Goods may be carried, including those
5.(a) The value of the Goods will not be declared so as to extend the Company’s liability Brokerage and Commission relating to the packing, carriage, storage, customs clearance, delivery or other Services
as provided for in this contract or under any other mandatorily applicable law (including 12. The Customer agrees that the Company is entitled to retain all allowances, in respect of the Goods, and shall furnish such information and provide such documents
the Carriage of Goods by Sea Act (Cth)1991 or the Civil Aviation (Carriers Liability) Act brokerages and commissions paid by shipping and forwarding agents, insurance as may be necessary to comply with such laws and regulations. The Company shall not
(Cth)1959 or any of the international conventions referred to therein or otherwise brokers, airlines and any other persons with whom the Company deals pursuant to this be liable to the Customer for loss or expense due to the Customer’s failure to comply
compulsorily applicable) except on express written instructions given by the Customer to agreement. with this provision.
the Company.
Payment of Duties Law and Jurisdiction
(b) In all other cases where there is a choice of rates according to the extent of liability 13. The Customer authorises the Company, but with no obligation on the part of the 21. Any dispute arising under this Contract shall be determined exclusively by the courts
assumed by the Company, Carrier, warehouseman and/or others, no declaration will be Company, to advance any duties, taxes, imposts, outlays or charges at any port or place of Australia and in accordance with Australian law.
made for the purpose of extending liability and the Goods will be forwarded or dealt with in respect of the Goods and the shipper, owner and consignee shall be jointly and
at the Customer’s or owner’s risk unless express written instructions to the contrary are severally liable for the reimbursement of such disbursements and for payment of any Severance
given by the Customer. fine, expense, loss or damage incurred by the Company in connection therewith. 22. It is hereby agreed that if any provision or part of any provision of this contract is
unenforceable, such unenforceability shall not affect any other part of such provision or
(c) In all cases where liability has not been excluded or limited by this agreement or by Responsibility for Charges any other provision hereof.
mandatorily applicable statute, convention or law, the liability of the Company is limited 14.(a) The Customer shall remain responsible to the Company for all charges incurred
to the lesser of:- for any reason for the Services performed in respect of the Goods and such charges Customer’s Own Form
shall be deemed fully earned as soon as the Goods are loaded and dispatched from the
(i) AUD$100.00. Customer’s premises or otherwise delivered by the Customer to the Company and shall 23. The use of the Customer’s own form is no derogation to these conditions of contract.
be immediately payable and non-refundable.
(ii) the value of the goods the subject of the agreement at the time the goods were Trade Practices
received by the Company; and (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 24.(a) Any relief from liability contained in this agreement is to be read subject to any
(iii) in the case of a breach of warranty under the Trade Practices Act 1974 (Cth), the Company. restriction on contracting out of liability provided in any legislation binding on the
payment of the cost of having the service supplied again. Company and/or Carrier so that the provisions for relief contained in this agreement are
(c) The Customer agrees all disbursements paid by the company on behalf of the limited or rendered ineffective only to the extent required to give effect to that legislation
(d) Subject to the terms and conditions in this contract, the Company shall not be liable Customer shall be paid immediately by the Customer on receipt of the Company’s but are otherwise fully effective and all the provisions hereof are severable and effective
for any loss or damage suffered by the Customer or any other person howsoever caused invoice for such disbursements. independently of any provisions which are null and void or ineffective by reason of any
or arising, whether caused by the negligence and/or recklessness and/or wilful legislation.
misconduct of the Company’s servants, agents, employees, subcontractors or otherwise, (d) The Customer agrees all service and/or goods charges supplied by the Company to
nor from any loss or damage resulting from or attributable to any quotation, statement, the Customer, shall be on a strictly net thirty days basis, from the date of supply of such (b) Unless written notification to the contrary is given by the Customer to the Company at
representation or information, oral or written, made or given on behalf of the Company or services, and/or goods, to the Customer. or prior to entering into this agreement, the Customer expressly warrants and represents
its servants, agents, employees or subcontractors as to the classification of, liability for, that all or any Services to be supplied by the Company and acquired by the Customer
amount, scale or rate of customs duty, excise duty or other impost or tax applicable to (e) All outstanding amounts owed to the Company by the Customer, not being received pursuant to this agreement are so supplied and acquired for the purposes of a business,
any goods in carriage or subject of any Service. by the Company within the terms of Clauses 14(c) and 14 (d) of these Trading trade, profession or occupation carried on or engaged in by the Customer.
Conditions, may, at the Company’s option, attract interest charges at not less than the
(e) Without limiting the generality of the foregoing, the Company shall not be liable for published Benchmark rate of the National Australia Bank at that time. (c) If the carriage of the Goods involves an ultimate destination or stop in a country other
any loss or damage suffered by the Customer or any other person as a result of a failure than the country of departure, the Warsaw Convention (1929) or the Warsaw Convention
or inability of the Company or the Carrier to collect or receive C.O.D. payments from any Lien as Amended at the Hague (1955) may be applicable and may govern and in most cases
consignees or their agents whether caused by the negligence of the Company’s 15. The Company shall have a particular and general lien on the goods or cargo of the limit the liability of the Carrier in respect of loss, damage or delay to cargo, unless a
servants, agents, employees, subcontractors or otherwise. Customer and any documents relating thereto and on any other goods or cargo of the higher value is declared in advance by the Customer and a supplementary charge paid if
Customer in the possession of the Company or any documents relating thereto and on required.
(f) It is hereby agreed between the Customer and the Company that the Customer’s right any other goods or cargo of the Customer which may come into the possession of the
to compensation for any claim for loss or damage will only be maintained provided the Company or any documents relating thereto for all sums payable by the Customer to the
following is strictly adhered to:

MMN: 4066-1