Sensitive Freight Solutions

We provide innovative, tailored, effective solutions to your logistics obstacles…. whilst keeping everything simple. If you have sensitive freight to transport you could not be in safer hands.

Neville Cox

0424 919 211

We provide innovative, effective solutions to your logistics obstacles
... whilst keeping everything simple

Terms & Conditions of Carriage

Sensitive Freight Solutions Pty Ltd ABN 36 147 313 380

1.				Binding Contract
1.1.				By handing, delivering or forwarding to us your Consignment or allowing us to pick up or accept the Consignment you agree on behalf of yourself, and anyone else with an interest in the Consignment, to be bound by the provisions of this document, Sensitive Freight Solutions Pty Ltd. Terms & Conditions of Carriage ("Terms & Conditions of Carriage"), from the time that an authorised officer of Sensitive Freight Solutions Pty Ltd) (“SFS”) accepts the Consignment, whether or not you have signed the consignment note.

1.2.				These Terms & Conditions of Carriage shall apply to all Services supplied by or for SFS and constitutes the entire agreement between SFS and you in relation to the Services and supersedes and prevails over any prior understanding, and any document and any representation at any time by or for SFS and cannot be changed or waived except with the written approval of SFS.
2.				Definitions
2.1.				In this document capitalised words have the meaning given in the Dictionary below.

3.				Our Appointment
3.1.				In relation to any International Shipment, you irrevocably appoint SFS as your agent and/or attorney to perform any of the following activities as SFS deems necessary so as to provide to the Services to you:

3.1.1				completion of any documents, amendment of product or service codes;

3.1.2				payment of any duties or taxes required under applicable laws and regulations;

3.1.3				acting as the Sender's forwarding agent for customs and export control purposes and as the Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and

3.1.4				to redirect the Shipment to the Receiver's import broker or other address upon request by any person who SFS reasonably believes to be authorised.

3.2.				You give us authority to claim a general or particular lien over the Consignment for outstanding payments relating to Shipment Charges.

4.				Your declarations
4.1				You warrant and promise us and the SFS Group that:

4.1.1				You are authorised to handover, deliver or forward to us the Consignment or allow us to pick up or accept the Consignment under these Terms & Conditions of Carriage

4.1.2				You own the Consignment, or if there are other owners you act as their agent and they agree to handling, transport and storage of the Consignment on the basis of these Terms & Conditions of Carriage;

4.1.3				You have completed the front of [this document/waybill] accurately including a full description of the items inside the Consignment and, for an International Shipment, the declared value for customs

4.1.4				You have accurately completed and supplied to us all paperwork deemed necessary for compliance with all laws and regulations;

4.1.5				You have prepared the Consignment in secure premises by reliable staff employed by you and that the goods therein have been protected against unauthorised interference during preparation, storage and transport immediately prior to hand-over to us.

4.1.6				The Consignment is adequately labeled and addressed to enable effective delivery to be made to the Receiver without delay

4.1.7				The Consignment is packaged to withstand Shipment and to withstand ordinary risks of storage and/or carriage having regard to the nature of the Consignment;

4.1.8				You have complied with all laws in connection with the items inside or constituting the Consignment to ensure that they can be lawfully handled, transported and stored and do not constitute Dangerous Goods or Prohibited Items.

5.				Delivery; Undeliverables
5.1				You must nominate a street address for the Receiver. Consignments cannot be delivered to PO boxes or postal codes. Consignments will be delivered to the Receiver or to the central receiving area for any Consignment with an address within such an area. If a Consignment is Undeliverable SFS will exercise commercially reasonable efforts to store the Consignment (at your cost) and/or return the Consignment to the Sender (at your cost) and, if the Consignment is unable to be returned to the Sender we reserve the right to dispose of the Consignment, in addition to any other remedies available to SFS.

5.2				You are responsible for:
5.2.1				Conformity of any Packaging with:

5.2.1.1				the Receiver's requirements; and

5.2.1.2				the requirements of the laws of any State or country through which the Consignment passes; and

5.2.				Any expense incurred by arising from any failure to so conform.

5.3				SFS is not a common carrier and we reserve the right to reject any Consignment in whole or in part for any reason whatsoever. In particular, any Consignment identified at any time as Dangerous Goods or Prohibited Items or as otherwise unacceptable, shall be rejected by SFS and the Shipment cancelled henceforth and you must pay the Shipment Charges (if any) that have already been incurred in relation to any such Consignment even if undelivered. In addition you must pay the costs of us destroying or disposing of any Dangerous Goods and/or Prohibited Items. You will bear all risk of loss or damage arising in connection with Dangerous Goods and/or Prohibited Items even if you have taken out the Insurance Option.

5.4				SFS reserves the right to inspect any Consignment to ensure all goods or items are capable of carriage to the country of destination within the SFS’s standard operating procedure as at the time of consignment, but SFS does not thereby warrant that any Consignment or part thereof is capable of Shipment without infringing the law of any country or State through, to, or from which the Consignment may be transported.

5.5				In the case of Undervalued Goods we may contact you to determine whether you wish to continue with the Shipment or have the Consignment returned to the Sender. Any additional charges incurred by SFS shall be at your expense.

6.				Transportation
6.1				Consignments may be carried to the Receiver by any means and any route SFS chooses including air, road or any other carrier. You authorise us to use any method for handling or storing or carrying the Consignment. Our obligations may be subcontracted by us and any Subcontractor on any terms. Whilst care is taken and we do not warrant that the Consignment will be delivered in the same condition as provided to us by the Sender.

6.2				Unless you elect to receive the additional protection of our Insurance Option, the Consignment shall be carried on a limited liability basis provided under clauses 10, 11, 12, 13 and 14 of these Terms & Conditions of Carriage.

7.				Shipment Charges
7.1				SFS's shipment charges for the Consignment will be calculated according to the actual weight or the volumetric weight (whichever is the higher) and may be re-measured more than once so as to confirm this calculation. The Shipment Charges (including the shipment charges) start to be incurred to you as soon as we receive the Consignment.

7.2				SFS's invoices will be posted to the latest address of the Customer notified in writing and shall be deemed delivered 2 days after posting to an Australian address and 7 days after posting to an international address.

7.3				You must pay the Shipment Charges related to the Shipment unless the Receiver pays them, or if you are the Receiver, the Sender pays them in accordance with these Terms & Conditions of Carriage. Payment must be made in full without set-off or deduction. We require payment of the Shipment Charges within 7 days of issuance of our invoice (and no later unless so specified in our consignment note to you), failing which we may dispose of the Consignment without liability to you or anyone else with an interest in the Consignment, in addition to any other remedies available to us for recovering outstanding payments.

7.4				The Shipment Charges are exclusive of any goods and services tax, value-added consumption tax or other similar taxes. If any such tax is applicable to any of the Services supplied by us, you must pay the tax in addition to any other of the Shipment Charges specified in these Terms & Conditions of Carriage. You agree to fully reimburse and indemnify SFS against any Government Charges that the SFS Group may pay or be required to pay on its own account or on your behalf under any law in connection with you or the Consignment or the Shipment. You accept that you will be charged a 2% disbursement fee by us for all Government Charges charged to you in respect of the Consignment or the Shipment.

7.5				Any additional documents required by any customs authority in order to confirm customs clearance for the Shipment must be provided by you at your expense.

8.				Delivery Times
8.1				We will make every commercially reasonable effort to deliver and finalise the Shipment as soon as possible but we do not guarantee the anticipated delivery time which are indicative estimates only. The SFS Group is not liable for any damage or loss whatsoever arising from delay of the Shipment.

9.				Interest and charges on late payments
9.1				Should the Customer default in making any payment in accordance with these Terms & Conditions of Carriage, all moneys due to SFS shall immediately become due and payable. Without prejudice to any other remedy to which SFS may be entitled, SFS shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the due date for payment until the date of actual payment.

9.2				Any expense and/or cost or disbursement incurred by SFS in recovering any outstanding moneys including debt collection agency fees and legal costs shall be paid by the Applicant on an indemnity basis (i.e. in full). All such expenses and/or costs will be added to the outstanding balance and interest accrued thereon in accordance with these Terms & Conditions of Carriage.

10.				Liability
10.1				Subject to clauses 10.2 and 13, you must bear the risk of loss or damage to the Consignment unless you have elected to take out the Insurance Option, in which case we are liable to pay you only up to the amount insured.

10.2				Without prejudice to clauses 9, 11, 12, 13 and 14, the liability of SFS and the SFS Group in respect of any one Shipment is strictly limited to direct loss only of the Shipment's actual cash value and in any event shall not exceed the greater of:

10.2.1.				$400; or

10.2.2				$80 per kilogram or $36.28 per pound for Shipments transported by air or other non-road mode of transportation; or

10.2.3				$40 per kilogram or $18.00 per pound for Shipments transported by road (not applicable to the USA).

				If these limits are insufficient for the Customer, you must request Insurance Coverage prior to Shipment or make your own insurance arrangements.

11.				International carriage of goods by air
11.1				If the Shipment involves international carriage of goods by air the Warsaw Convention might be applicable and that convention covers and in most cases would limit the liability of us as a carrier in respect of loss, damage or delay to cargo. In the event of any loss, damage or delay to the shipment, it is deemed under these Terms & Conditions of Carriage to have occurred during the air component of the Shipment.

12.				Circumstances beyond SFS's control
12.1				SFS will not be liable for any loss or damage beyond its control including but not limited to:

12.1.1				any Force Majeure Event;

12.1.2				any defect or characteristic related to the nature of the Consignment, even if known to SFS;

12.1.3				any impoundment of the Consignment by customs or similar authorities;

12.1.4				any act or omission by a person not employed or contracted by the SFS Group; and you release us and the SFS Group from any claim whatsoever arising in connection with the Consignment or the Shipment arising from any such event.

13.				Disclaimer of warranties
13.1				To the maximum extent permitted by law, any condition or warranty expressed or implied by law, custom or usage is hereby excluded. SFS specifically disclaims all implied warranties of merchantability and fitness for a particular purpose to the extent that SFS is permitted to do so by the Governing Law.

13.2				In the event that these Terms & Conditions of Carriage constitute a supply of goods or services to a consumer as defined in the Australian Competition and Consumer Act 2011 (Cth) or any other national, State or Territory legislation ("the Acts ") nothing contained in these Terms & Conditions of Carriage excludes, restricts or modifies any condition, warranty, guarantee or other obligation in relation to the goods and services and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty, guarantee or other obligation is conferred upon you pursuant to any of the Acts, our sole liability from breach of any such condition, warranty, guarantee or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

13.2.1				in relation to goods;

13.2.1.1				the replacement of the goods or the supply of equivalent goods or payment of the cost replacing the goods or acquiring equivalent goods; or

13.2.1.1				the repair of the goods or payment of the cost of having the goods repair

13.2.2				in relation to services:

13.2.2.1				the supplying of the services again; or

13.2.2.1				the payment of the cost of having the services supplied again,

				as in each case we may elect.

13.3				In the event that you have sustained loss or damage to a Shipment to which clause 13.2 is applicable, the entire aggregate liability of SFS and the SFS Group to you in respect of that Shipment is limited to the greater of either item (A) or (B) as follows:

				(A) the dollar amount of SFS’s liability under clause 13.2;

				(B) the dollar amount of SFS’s liability (if any) under clause 10.2.

13.4				Except as expressly stated above in clauses 10. 2, 13.2 and 13.3, SFS and/or the SFS Group shall be under no liability in respect of any loss or damage whatsoever which may be incurred (directly or indirectly) in respect of goods or services supplied pursuant or incidental to these Terms & Conditions of Carriage under any theory of law whatsoever (including but not limited to lost profits, income, interest, future business) and whether or not such loss or damage is special or indirect and even if the risk of such loss or damage was brought to the attention of SFS prior to Shipment and whether or not such loss or damage arises from any breach of any warranty, condition or provision of these Terms & Conditions of Carriage by SFS or from any tort or reckless act by SFS or a Subcontractor.

14.				Claims
14.1.				In respect of damage or loss to a Consignment during Shipment you must make your claim within 28 days, failing which you can make no claim against us, subject to clause 13.2. You agree not to withhold any undisputed amount.

15.				Indemnity
15.1.				You shall at all times indemnify and keep indemnified and hold harmless the SFS Group for any loss or damage caused to any person, including property damage, as a result of your breach of these Terms & Conditions of Carriage. Without prejudice to clause 13.2, you indemnify us against any cost or expense (including reasonable legal costs) incurred or recoverable by anyone against the SFS Group arising from the Consignment and/or the Shipment, irrespective of whether such claim arises from negligence or willful recklessness. You will indemnify us as soon as we receive any written notice of a claim from any person other than you.

16.				Severability
16.1				If any provision of these Terms & Conditions of Carriage (or part of it) is held to be invalid or unenforceable, then the invalid or in unenforceable wording must be interpreted as narrowly as necessary to allow it to be enforceable or valid. Where it cannot be so interpreted, that provision (or part of it) must be severed from this Agreement and the other provisions of these Terms & Conditions of Carriage shall remain in full force and effect.

17.				Interpretation; Governing Law
17.1				Reference to: the singular includes the plural and the plural includes the singular; a person includes a body corporate; a party includes the party’s executors, administrators, successors and permitted assigns; a reference to a clause is a reference to a clause or subclause of these Terms & Conditions of Carriage.

17.2				If the Customer consists of more than one person, these Terms & Conditions of Carriage binds them jointly and each of them severally.

17.3				Headings are for convenience only and do not affect the interpretation of these Terms & Conditions of Carriage.

17.4				These Terms & Conditions of Carriage are governed by the Governing Law and the Customer irrevocably submits to the non-exclusive jurisdiction of the courts of that State, unless contrary to applicable law.

	THE DICTIONARY:

"$" or "dollars"	means Australian dollars being be lawful currency of the Commonwealth of Australia, unless otherwise stated.

"Consignment"	means documents, items or goods including any Packaging with them as consigned by the Customer to SFS under clause 1 of these Terms & Conditions of Carriage.

Customer," "you, "your"	means the person or entity engaging SFS's services hereunder.

"Dangerous Goods"	means: any item or information classified as hazardous material, dangerous goods, prohibited or restricted articles by the International Air Transport Association (IATA), International Civil Aviation Organization (ICAO), any applicable government department or other relevant organisation;

	any goods specified as dangerous by any of the IATA Dangerous Goods Regulations, the Australian Dangerous Goods Code, ICAO Technical Instructions for the Safe Transport of Dangerous Goods, the International Maritime Organization Dangerous Goods Code or Accord Europe en relatif au transport international des merchandises dangereuses par route;

	any item that anyone of the SFS Group considers on reasonable grounds do or may cause injury or may cause injury or damage to people, property or the environment.

“Force Majeure”	means: any "act of God" including without limitation, earthquake, cyclone, storm, fire, flood; war, plane crash or embargo; riot or civil commotion, industrial action; electrical or magnetic damage to or erasure of electronic or photographic images, data or recordings.

"Governing Law"	means the law of the country or State of origin of the Shipment or of such under country or State as SFS may elect, being one to or through which the Shipment is routed.

"Government Charges"	means any and all government charges, duty, sales tax.

"International Shipment"	means a Consignment addressed to a Receiver located outside the territory of the Commonwealth of Australia.

"Packaging"	means any container, packaging or pallet for a Consignment, of a Consignment or for use with a Consignment.

"Prohibited Items"	means: any item or information exported, re-exported or transferred or made available in non-compliance with export control laws and regulations which may be imposed by the Australian Government or under or by the Governing Law or the laws of any place through which the

	Shipment of the Consignment travels; any item anyone of the SFS Group decides SFS cannot transport safely or legally including but not limited to: currency, bullion, bearer form negotiable instruments, animals, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal drugs/narcotics.

Receiver"	means the addressee and receiving address nominated on your Consignment or where the addressee is unavailable, another signatory at the receiving address or SFS in the circumstances described in clause 3.1.3 above.

"Sender"	means the person on whose behalf the Consignment has been handed, delivered or forwarded to us for Shipment.

"Services"	means all services supplied to you in any capacity, including, but not limited to, carrier, customs agent, forwarding agent, shipping agent, forwarder, baillee, storer.

"SFS," "our," "us," and "we"	means Sensitive Freight Solutions Pty Ltd ABN 36 147 313 380.

SFS Group"	means plus its directors, employees, agents and Subcontractors and their employees, agents and subcontractors.

"Shipment"	means handling, transport and storage of the Consignment in accordance with these Terms & Conditions of Carriage.

"Shipment Charges"	means all charges related to the Shipment including but not limited to: shipment charges, storage charges, duties and taxes owed for Services provided by SFS or incurred by SFS on the Sender's or Receiver's or any third party's behalf; and/or claims, damages, fines and expenses incurred if the Consignment is deemed unacceptable for transport as described in clause 5.3 or 5.5 above.

"Subcontractor"	means any person who performs or agrees to perform any part or all of the Services.

"Undervalued Goods"	means any Consignment in respect of which you have provided: an incorrect declaration of the value for customs purposes; and/or incomplete documentation for customs purposes.

"Undeliverable"	means any Consignment in respect of which: the Receiver cannot be reasonably identified; and/or there is no Receiver available to receive the Consignment at the time of delivery; and/or the Receiver refuses to receive delivery of; and/or for customs purposes has been undervalued; and/or the Receiver refuses to pay for delivery (where you have nominated the Receiver to pay for delivery); and/or any one of the SFS Group deems to be unacceptable.