CARGO HQ TRADING CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO ALL CONTRACTS CONSTITUTED BY A CUSTOMER INSTRUCTING CARGO HQ TO PERFORM SERVICES AND ACCEPTING

1. Cargo HQ carries on business as a clearing and forwarding agent & its carriage of goods is merely incidental thereto. Cargo HQ is not a common carrier and will accept no liability as such. Cargo HQ may refuse 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 Cargo HQ in writing, Cargo HQ reserves to itself 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 by Cargo HQ upon such terms and conditions as Cargo HQ in its absolute discretion may deem appropriate.

3. Cargo HQ is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily by or paid to shipping and forwarding agents and insurance brokers 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 Cargo HQ. 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 at the sole discretion of Cargo HQ 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 Cargo HQ for customs, consular and other purposes and shall be liable for any duty, tax, impost or outlay of whatsoever nature levied by the authorities at any port or place for or in connection with the goods and for any payment, line, expense, loss or damage incurred or sustained by Cargo HQ in connection therewith, whether or not arising by reason of any inaccuracy or omission of any such description, value or other particulars and, notwithstanding any negligence on the part of Cargo HQ the Customer hereby expressly agrees to indemnify Cargo HQ against any such loss, damage, expense or fine arising from any such inaccuracy or omission.

6. (a) Cargo HQ shall not effect insurance on the Goods accepted by it except upon receipt of express instructions given in writing by the Customer and the Customers written declaration as to the value of the Goods. (b) Any such insurance effected by Cargo HQ may be subject to such exceptions and conditions as may be required by the insurance company or underwriter accepting the risk. (c) In the event of any dispute in regard to liability under any such insurance policy for any reason whatsoever the Customer shall have recourse against the insurer or underwriter only and Cargo HQ shall have no liability or responsibility in relation to any such insurance policy.

7. Cargo HQ shall not be liable for:

(1) any loss, mis-delivery, delay in delivery, deterioration, contamination, evaporation or non-delivery of or damage to the Goods or consequential loss arising therefrom howsoever caused or for any reason whatsoever.

(2) damages arising out of a loss or depreciation of market attributable to delay in forwarding or in the transit of the Goods or failure to carry out instructions given to it by the Customer, 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, or loss or damage resulting from fire, water explosion or theft, whether or not caused in any such case by the wilful act of negligence on the part of Cargo HQ, its servants or agents

8. (1) In the case of the goods exceeding One Hundred Dollars ($100.00) 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 Shipowner’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.

(2) In 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 upon express instructions given in writing by the Customer.

9. Notwithstanding the terms of Clause 7(1) and any other provisions hereof the liability of Cargo HQ shall not in any circumstances exceed Twenty Dollars ($20.00) per package. If the Customer requires that the liability of Cargo HQ should not be governed by that limit, written notice thereof must be given to Cargo HQ before any Goods or documents are entrusted to Cargo HQ, together with a statement of the value of the Goods and upon receipt of such notice, Cargo HQ may in its entire discretion, agree to its liability being increased to a maximum amount equivalent to the amount stated in the notice, in which case it shall be entitled to effect special insurance to cover its maximum liability and the part given the notice shall be deemed by so doing to have agreed and undertaken to pay to Cargo HQ for such insurance. Should Cargo HQ not give its agreement to such increase in its liability in writing prior to receiving the goods or documents pertaining thereto, its liability shall remain limited as if such notice had not been given.

10. Instructions to collect on delivery (COD) in cash or otherwise accepted by Cargo HQ upon the condition that Cargo HQ shall take all reasonable care in connection, but will not be liable for any loss or damage arising as a result of Cargo HQ’s failure to comply with such instructions.

11. Where the Goods are perishable and are not taken up immediately upon arrival or are insufficient or incorrectly addressed or marked or are 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 lender of the net proceeds of any sale to the Customer after deduction of all costs, expenses and charges incurred by Cargo HQ in effecting such sale or disposal shall be equivalent to delivery.

12. 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 Cargo HQ’s option at any time after the expiration of 21 days from a notice in writing sent to the address which the Customer gave to Cargo HQ on delivery of the Goods. All costs, charges and expenses incurred by Cargo HQ and arising in connection with the sale or return of the Goods shall be paid by the Customer. A communication from Cargo HQ or its agent to the Customer to the effect that the Goods cannot be delivered for any reason shall be conclusive evidence of fact.

13. 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 Cargo HQ or causing Cargo HQ 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 Cargo HQ against all damages, loss, penalties, claims, costs and expenses incurred by Cargo HQ 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 Cargo HQ 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” includes 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.

14. Pending forwarding and delivery, the goods may be warehoused or otherwise held at ant place or places at the sole discretion of Cargo HQ at the Customers risk and expense.

15. Notwithstanding any prior dealings between Cargo HQ 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 Cargo HQ through the post shall be deemed not to have been received by Cargo HQ unless and until they are actually delivered to Cargo HQ by the postal authorities, or placed in Cargo HQ’s post office box, if so addressed.

16. Cargo HQ shall be under no obligation to make any declaration to, or to seek any special protection or cover from, the Department of Railways or Railway’s 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 of that body: (i) of dangerous or hazardous goods or (ii)of goods liable to be stored in the open unless written instructions to that effect are given to Cargo HQ by the Customer.

17. Cargo HQ shall have no obligation to take any action in respect of any goods which may be recognisable as belonging to the Customer unless it has received suitable instructions relating to such goods together with all necessary documents. In particular Cargo HQ 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 of any third party.

18. 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 Cargo HQ in respect thereof, no responsibility shall attach to Cargo HQ for any failure to hold such examination or take such other action unless Cargo HQ has been given sufficient notice to enable it to arrange for such examination or for the taking of such other action as the case may be.

19. (1) in the absence of special instructions, it shall be in the entire discretion of Cargo HQ to decide at what time to perform any or all of the various acts which may be necessary for the completion of its services in relation to any particular matter. Cargo HQ 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 Cargo HQ 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 whether its performance of any of the acts aforesaid is delayed or precipitated through the negligence of Cargo HQ, its servants or agents or howsoever caused. (2) In the event of any advice being requested by the Customer and given by Cargo HQ in respect of the rate of custom duty applicable to the Goods (being imported goods) or as to the particular tariff or classification applicable thereto under any Act whether State or Federal affecting customs duties or customs tariffs or any ordinances or regulations: made thereunder and in force from time to time, Cargo HQ expressly disclaims any liability in respect of any loss arising directly or indirectly from such advice or as a result of any action taken pursuant to it whether based upon the negligence of Cargo HQ, its servants or agents or upon any other cause of action whatsoever and the Customer shall be deemed to have released Cargo HQ from any such liability and shall indemnify Cargo HQ against any claim, action, suit or proceeding whether at law in equity made, commenced or instituted by any person against Cargo HQ in respect of such advice and action taken pursuant thereto.

20. Cargo HQ 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.

21. wherever it is necessary, for the purpose of these conditions or of any other purpose whatsoever, for instructions to be given to Cargo HQ, such instructions shall only be recognised by Cargo HQ as a valid if given in sufficient time in the light of the circumstances in relation to the matter in question; standing or general instructions, or instructions given late, even if received by Cargo HQ without comment, shall not be binding upon Cargo HQ.

22. (a) Without prejudice to the rights of Cargo HQ common law the Goods (and all documents relating thereto) which come into the possession or under the control of Cargo HQ shall be subject to a special and general lien and pledge for monies due to Cargo HQ in respect to services and/or disbursements relating to the Goods; and for any other indebtedness to Cargo HQ from whatever cause by the Customer, consignor, owner or consignee of the Goods. If such indebtedness is not paid in full by the respective debtor within fourteen days of service by prepaid ordinary post by Cargo HQ on the Debtor of notice from Cargo HQ that it intends disposing of the Goods, Cargo HQ shall be entitled to sell the Goods whether by public auction or by private treaty at its entire discretion and apply the net proceeds of sale towards the said debtor’s indebtedness. (b) The Pledge created under 22(a) hereof shall apply to all goods referred to in that clause notwithstanding that the goods may have been delivered up to any other person, or that the pledge has been entered into for a mixed purpose, or that all of the rights of ownership under the pledge are not exercised by the agent, or that the goods originally may have come into the possession of the agent pursuant to a baillel of a different kinds or for another purpose.

23. it is expressly agreed that no servant or agent of Cargo HQ shall be under any liability to the Customer, consignor, owner and/or consignee for any loss, damage or delay of whatsoever kind arising directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment in relation to the Goods and without prejudice to the generality of the foregoing provision in this clause every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable of Cargo HQ shall also be available and shall extend to protect each and every such servant or agent of Cargo HQ as aforesaid and for the purpose of this clause Cargo HQ is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of, all persons who are or who might be its servants or agents from time to time and all such persons shall to this extent be or be deemed to be parties to this agreement.

24. (1) This agreement and any collateral agreements made by Cargo HQ with the Customer wherever made shall be governed and construed according to the laws of the State of Victoria and shall be subject to the exclusive jurisdiction of the Courts of the said State of Victoria. (2) In the event 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 legislature 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. (3) 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 Cargo HQ. (4) Unless written notification to the contrary is given by the Customer to Cargo HQ at or prior to entering into this agreement, the Customer expressly warrants and represents that all or any services to be supplied by Cargo HQ 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 be the Customer.

25. Errors and Omissions
25.1 The Client acknowledges and accepts that Cargo HQ shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Cargo HQ in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Cargo HQ in respect of the Services.
25.2 In the event such an error and/or omission occurs in accordance with clause 25.1, and is not attributable to the negligence and/or wilful misconduct of Cargo HQ; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.

26. Loss or Damage
26.1 Any statutory provisions imposing liability in respect of the loss of or damage to the Goods, Cargo HQ shall not be under any liability for:
(a) any delay or any loss or damage to the Goods occasioned during carriage arising from any Force Majeure;
(b) deterioration, contamination (including any contamination of any grain or other cargo compromising the Goods), wrongful delivery, misdelivery, delay in delivery or non-delivery of the Goods whenever or howsoever occurring (and whether the Goods are or have been in the possession of Cargo HQ or not)
(c) any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
(d) any act or omission whether wilful, reckless, negligent or otherwise of Cargo HQ, or its servants or agents or subcontractors;
(e) any latent defect or inherent vice or natural deterioration or wastage of the Goods or packaging;
(f) any act, omission or neglect of the Client, including any breach of its obligations under this agreement, insufficient or improper packaging, labelling or addressing, or failure to take delivery, or any handling, loading, storage or unloading of the Goods.

27. Lien
27.1 In addition to its rights under the Warehouseman’s Liens Act 1985, Cargo HQ shall have and retain a general lien on any Goods submitted by the Client to Cargo HQ for the provision of Services by Cargo HQ (including where done so in the capacity of any sender, consignor, actual owner of the Goods, bailer, consignee/s or the Goods, as well as their agents), and in the possession or control of Cargo HQ (and any documents relating to those Goods), for pecuniary obligations owing from time to time by the Client on any account whatsoever to Cargo HQ (including, but not limited, to payment of the Price), and Cargo HQ shall have the right to sell such Goods or cargo by public auction or private treaty after giving seven (7) days’ notice to the Client. Cargo HQ shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods, from the proceeds of sale and shall render any surplus to the entitled person. Any such sale shall not prejudice or affect Cargo HQ’s right to recover from the Client any charges due or payable in respect of the carriage or such detention and sale.

28. No agent or employee of Cargo HQ has the authority to alter or vary these trading conditions unless such alteration or variation is approved in writing by Cargo HQ.