E-World Logistics Pty Ltd STANDARD TERMS AND TRADING CONDITIONS
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THESE CONTRACTUAL CONDITIONS APPLY TO ALL SERVICES PROVIDED BY e-world logistics
pty ltd ABN: 91 142 628 635 (the "Company”)
These Trading Conditions include provisions that entirely change, reduce or exclude
rights that you (the "Customer") might otherwise have.
DEFINITIONS AND INTERPRETATION
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1.
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Definitions In these Trading Conditions, the following defined terms will have the
following defined meanings: "ABN" means the Australian Business Number of the Customer
pursuant to the GST Law "Airfreight Convention" means either:
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(a)
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the Convention for the Unification of Certain Rules for International Carriage by
Air signed at Montreal on 28 May 1999; or
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(b)
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the Convention for the Unification of Certain Rules relating to International Carriage
by Air, signed at Warsaw on 12 October 1929; either unamended or amended by the
Hague Protocol 1955; at Guatemala City 1971, by the additional Protocol No 3 of
Montreal 1975 and/or by the additional Protocol No. 4 of Montreal 1975 whichever
may be applicable
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"AQIS" means the Australian Quarantine Inspection Service "Assets" means all assets,
Goods, documents and records of the Customer held by the Company as part of the
contractual terms and trading conditions for the appointment of the Company, and
include, without limitation, the Goods
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"ATO" means the Australian Taxation Office
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"Authority" means the authority and acknowledgement by which the Customer appointed
the Company to act on its behalf on the terms of the Authority and on the terms
of these Trading Conditions
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"Authorised Signatory" means the party who signs the Authority on behalf of the
Customer
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"Business Day" means any day that is not a Saturday or Sunday on which banks are
open for general banking business in Victoria
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"Carriage" means carriage by vehicles and conveyances of all kind including acts
in furtherance of an act of carriage by another or a specific means, whether by
air, sea or land transport
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"Carrier" means any party involved in the carriage of Goods whether by airfreight,
sea freight or land transport
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"Chain of Responsibility" means any State, Territory or Commonwealth legislation
or regulations based on or adapted from the provisions of the National Transport
Commission (Road Transport Legislation - Compliance and Enforcement Bill) Regulations
2006 or National Transport Commission (Road Transport Legislation - Compliance and
Enforcement Regulations) Regulations 2006 as approved by each State and Territory
Government "Company" means e-world logistics pty ltd abn 91 142 628 635, and the
nominees, agents, sub-agents and employees of the Company
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"Consequential Loss" means any loss or damage arising from a breach of contract
or agreement (including breach of the Service Agreement), tort, or any other basis
in law or equity including, but without limitation to, loss of profits, loss of
revenue, loss of production, loss or denial of opportunity, loss of access to markets,
loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation,
future reputation or publicity, or any similar loss which was not contemplated by
the parties at the time of entering the Service Agreement.
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"Customer" means:
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(a)
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if there is an Authority, the customer named in the Authority and will include all
employees, officers, agents and contractors of the Customer; or
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(b)
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if there is no Authority, any entity that instructs the Company to perform the Services
"Customs" means the Australian Customs and Border Protection Service
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"Customs Act" means the Customs Act 1901 (as amended), and any succeeding Legislation
and any regulations made pursuant to the Customs Act "Customs Related Law" has the
same meaning as in Section 4B of the Customs Act
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"Dangerous Goods" means cargo which is noxious, hazardous, inflammable, explosive
or offensive (including radioactive materials) or may become noxious, hazardous,
inflammable, explosive or offensive or radioactive or may become liable to cause
damage to any person or property whatsoever whether prescribed by laws or otherwise.
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"Debts" means all amounts owing by the Customer to the Company on any account whatsoever
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"Fees" means the fees charged by the Company for provision of the Services
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"Goods" are any goods or items which are the subject of the Services provided by
the Company to the Customer under this Service Agreement
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"Government Authorities" means, without limitation, all Government departments and
agencies with responsibility for the import and export of goods, the collection
of revenue on the import and export of goods and the transport of those goods to
include, without limitation, Customs, AQIS, the ATO and the RSA. "GST" has the same
meaning as under the GST Law and means the Goods and Services Tax imposed under
the GST Law Act 1999
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"GST Rate" means the rate of GST under the GST Law
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"Hague Rules" means the International Convention for the Unification of Certain
Rules relating to Bill of Lading signed at Brussels on 25 August 1924, or those
rules as amended by the Protocol signed at Brussels on 23 February 1968 (the Hague
Visby Rules) and the SDR Protocol (1979)
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"Input Tax Credit", "Supply", "Taxable Supply", "Tax Invoice" means the same as
in the GST Law
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"Laws" means any laws, regulations or guidelines of the Commonwealth of Australia,
any of the States, Territories or Municipalities of Australia, or of any country
from which, through which or into which the Goods are carried including, without
limitation:
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(a)
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the Customs Act;
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(b)
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all laws relating to Chain of Responsibility;
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(c)
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Transport Security Legislation;
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(d)
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the Corporations Act 2001 (Cth);
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(e)
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the OHS Laws;
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(f)
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the Trade Practices Act 1974 (Cth);
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(g)
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laws relating to the safety of vehicles and the driving of those vehicles as apply
in each state;
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(h)
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the laws or policies relating to the carriage, storage, packing, consigning and
handling of Dangerous Goods including, without limitation, the Australian Code for
the Transport of Dangerous Goods by Road and Rail as published by the Department
of Infrastructure, Transport, Regional Development and Local Government and any
associated policies relating to Dangerous Goods from time to time;
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(i)
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all laws administered by AQIS including the Quarantine Act 1908 (Cth), Export Control
Act 1982 (Cth), Imported Food Control Act 1992 (Cth); and
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(j)
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the National Greenhouse and Energy Reporting Act 2007 (Cth). including, without
limitation all regulations, ordinances and directions made pursuant to the Laws
and any successor Laws
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"Personal Property Securities Act" means the act or acts and regulations that is,
or are, enacted following the passing of the Personal Property Securities Bill 2009
or any State or Federal bills containing the words "Personal Property Securities",
or similar words of the same effect, in their title.
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"OHS Laws" means any occupational health and safety legislation, regulations or
guidelines, codes of conduct or policies of the Commonwealth of Australia or any
of the States, Territories or Municipalities of Australia
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"Privacy Laws" means the Privacy Act 1998 (Cth), all associated regulations or guidelines,
and any other associated or relevant State or national privacy legislation, regulations
or guidelines
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"Reporting Obligations" means the obligations of theCompany to report the arrival,
carriage and movement of goods pursuant to the Customs Act or any Customs Related
Law or as required by any Government Authorities
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"Related Body Corporate" has the same meaning as under the Corporations Act 2001
(Cth)
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"RSA" means those State and Commonwealth Government Authorities in Australia responsible
for road safety and the laws governing the carriage of Goods by road
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"Service Agreement" means:
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(a)
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these Trading Conditions;
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(b)
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the Authority;
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(c)
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any customer credit application with the Company; and
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(d)
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any fee quotation estimate or agreement as amended from time to time, regardless
of whether the Customer is given notice of any amendment.
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"Services" means any performance of work by the Company for the Customer in any
way connected with the Goods including, without limitation:
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(a)
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making any reports, entries and declarations required by any Government Authorities;
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(b)
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quoting the ABN as may be required under the GST Law;
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(c)
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providing all necessary information and complete all necessary documentation and
reports for the purposes of any Government Authorities; and
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(d)
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entering into contracts with Sub-contractors on behalf of the Customer to enable
the Carriage, import, export, storage or transportation of the Goods
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"Sub-contractor" means any third party appointed by the Company to assist in the
provision of the Services
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"Transport Security Legislation" means:
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(a) the Aviation Transport Security Act 2004 (Cth); and (b) the Maritime Transport
and Offshore Facilities Security Act 2003 (Cth)
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"Vessel" means any vessel, vehicle or aircraft used to effect Carriage of the Goods,
whether by sea, land or air.
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2.
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Interpretation
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2.1
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These Trading Conditions and any collateral agreements made by the Company with
the Customer wherever made shall be governed and construed according to the laws
of Victoria and shall be subject to the exclusive jurisdiction of the courts of
Victoria and those courts which can hear appeals from those courts.
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2.1
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These Trading Conditions and any collateral agreements made by the Company with
the Customer wherever made shall be governed and construed according to the laws
of Victoria and shall be subject to the exclusive jurisdiction of the courts of
Victoria and those courts which can hear appeals from those courts.
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2.2
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If these Trading Conditions are held to be subject to the laws of any jurisdiction
other than the State/Territory of Victoria then 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.
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2.3
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All the rights, immunities and limitations of liability contained herein shall continue
to have their full force and effect in all the circumstances notwithstanding any
breach of any term or condition hereof or any collateral agreement by the Company
and notwithstanding that the Services have been provided, the Goods delivered as
directed by the Customer or the Authority having expired or been terminated
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2.4
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Unless written notification to the contrary is given by the Customer to the Company
at or prior to entering into these Trading Conditions, the Customer expressly warrants
and represents that all or any Services to be supplied by the Company and acquired
by the Customer pursuant to this Service Agreement are so supplied and acquired
for the purposes of a business, trade, profession or occupation carried on or engaged
in by the Customer.
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2.5
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In the interpretation of these Trading Conditions the singular includes the plural
and vice versa, and words importing corporations mean and include natural persons
and vice versa.
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2.6
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No agent or employee of the Company has the authority to waive or vary these Trading
Conditions unless the Company approves such waiver or variation in writing. Any
forbearance by the Company in enforcing the Trading Conditions does not constitute
a waiver. If the Company waivers a breach of a Trading Condition, the 0aiver does
not operate as a waiver of another breach of the same or any other Trading Condition
or as a continuing waiver.
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2.7
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The Customer must not assign the Customer’s rights or transfer the Customer’s obligations
under the Service Agreement without the Company’s prior written consent. The Company
may assign the Company’s rights and obligation under the Service Agreement without
the Customer’s consent.
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2.8
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Where any provision (or part thereof) of these Trading Conditions is held to be
illegal or unenforceable, it may be severed and shall in no way affect or prejudice
the enforceability of any other term or condition herein.
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2.9
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Where there is an inconsistency between the terms and conditions of the Service
Agreement, the relevant documents shall be construed in the following descending
order of priority:
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(a)
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these Trading Conditions;
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(b)
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the Authority;
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(c)
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any customer credit application;
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(d)
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any fee quotation estimate or agreement
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