Terms of Trade

Please note that terms of trade vary based on the destination port.

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New Zealand

Australia

United States of America

AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE
(Importing into New Zealand)

1. 1. Definitions

“AUTOHUB” means Autohub New Zealand Limited, its successors, subsidiaries, group and assigns or any person or entity acting on behalf of and with the authority of Autohub.

“Customer” means the person requesting the Goods and/or Services (including their agent or any person acting on behalf of them) and if there is more than one Customer then to each Customer jointly and severally.

“Goods” means the items and equipment being transported by AUTOHUB for the Customer.

“Price” means the price payable (plus GST if any) for the Goods and Services.

“Services” means all and any services requested by the Customer to AUTOHUB, including but not limited to storage.

“Working Day” means a day on which registered trading banks are open for business in Auckland, New Zealand (other than a Saturday, Sunday or public holiday);

1. 1. Terms and conditions

2.1 It is agreed that these Terms contain the entire agreement between the AUTOHUB and the Customer and that there are no promises, terms, conditions or obligations and no warranties or representations, other than those contained in this contract or otherwise required by law.

1. 1. Price and Payment

3.1 Upon the Customer requesting the Goods/Services from AUTOHUB, AUTOHUB will pre-book shipping space and forward the following to the Customer via the email address supplied to Autohub:

1. - notification of the intended shipping details;
  - estimated time of arrival; and
  - An invoice for the Goods/Services which may include a non-refundable deposit payable on issue of the invoice.

3.2 The Price shall be that as indicated on any invoice issued at any time to the Customer.

3.3 AUTOHUB, in its sole discretion, reserves the right to change the Price if the Customer requests a variation. Any costs whatsoever associated with any variation will be charged and shown as variations on the invoice issued by AUTOHUB to the Customer. The Customer shall respond to any variation invoice submitted by AUTOHUB within 3 working days from receipt of the same from AUTOHUB (time being of the essence). Failure to do so will entitle AUTOHUB to add the cost of the variation to the Price. Payment for any and all variations must be made in full by the Customer to AUTOHUB at the time of their completion and, in any event, prior to any Goods being released for delivery or collection.

3.4 The Price will be paid by the Customer on the date/s determined by AUTOHUB and advised to the Customer from time to time, time being of the essence.

3.5 Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to in writing prior to payment between the Customer and AUTOHUB.

3.6 The Customer shall not be entitled to set off against, withhold, or deduct from the Price whatsoever.

3.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to AUTOHUB an amount equal to any GST payable for the supply by AUTOHUB of the Goods. The Customer must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay all and any other taxes and duties that may apply to the Goods /Services in addition to the Price except where they are expressly included in the Price.

1. 1. Disclaimer

4.1 The Customer agrees that it is the Customer’s sole responsibility to ensure that the Customer’s selling dealer/agent promptly supplies the necessary release notification to AUTOHUB, and to ensure that all payments made are received by AUTOHUB in a timely manner and prior to arrival of the Customer’s vehicles in New Zealand.

1. 1. Liability

5.1. Should the Customer requests AUTOHUB to leave Goods outside the Customer’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk with no recourse whatsoever against AUTOHUB for any loss or damage.

5.2 The Customer shall be deemed to be bound by and to warrant the accuracy of descriptions, values, dimensions, weights and other particulars furnished to AUTOHUB for customs, consular, road transport and other purposes and shall fully indemnify AUTOHUB against all and any losses, damages, expenses and fines arising from any inaccuracy or omission whatsoever and howsoever occurring.

5.3 The Customer shall be liable for any freight, duty, tax, impost, excise, levy, penalty, deposit or outlay of whatsoever nature levied by any Government, authority or other third party in connection with the Goods and for any payments, fines, expenses, loss or damage whatsoever and howsoever incurred or sustained by AUTOHUB in connection therewith and shall fully indemnify AUTOHUB, its servants and agents from all claims by third parties howsoever arising in connection with the Goods/Services.

5.4 AUTOHUB is under no circumstance responsible to the Customer in any way in respect of any vehicle complying or not complying with the registration requirements in New Zealand from time to time. The Customer acknowledges that any advice or information given to them by AUTOHUB on vehicle compliance is only to assist understanding and is not to be relied upon in any way. Compliance of the vehicle is the Customer’s sole responsibility.

5.5 The Price, including, but not limited to freight and shall be paid and non-returnable in any event whatsoever and shall be at the sole risk and expense of the Customer.

5.6 AUTOHUB may at any time reweigh, re-measure or revalue the Goods and if the particulars furnished by or on behalf of the Customer are incorrect, it is agreed the Customer shall immediately upon issue of invoice from AUTOHUB, pay that sum equal to two times the difference between the incorrect and correct value.

5.7 Unless a Convention or law limiting AUTOHUB’s liability to a greater amount compulsorily applies, liability of AUTOHUB arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of any express warranty in these terms and conditions or howsoever arising, is limited to any of the following as determined by AUTOHUB (in its sole discretion):

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

1. 1. Default

6.1 Where the Customer has not paid the Price in accordance with these Terms or is otherwise in breach of these Terms AUTOHUB reserves the right (in its sole and unfettered discretion) to move the Goods offsite for storage at the Customer’s cost. Any and all costs associated with this are the responsibility of the Customers and may include transport to/from offsite storage, admin fees, handling fees, legal fees (on a solicitor to client basis) and daily storage costs. Such shall be paid, together with all other outstanding payments, by the Customer to AUTOHUB prior to the Goods being released to the Customer.

6.2 Further to any other rights or remedies AUTOHUB may have under these Terms, if a Customer has made payment to AUTOHUB, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any and all other costs incurred by AUTOHUB under this clause including but not limited to legal costs on a solicitor to client basis.

6.3 Without prejudice to AUTOHUB’s other remedies at law AUTOHUB shall be entitled to cancel all or any part of any order which remains unfulfilled and all amounts owing to AUTOHUB shall, whether or not due for payment, become immediately payable if:

(a) any money payable to AUTOHUB becomes overdue, or in AUTOHUB’s opinion the Customer will be unable to make a payment when it falls due;

(b) the Customer has exceeded any applicable credit limit provided by AUTOHUB;

(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

1. 1. Non-payment or Non-receipt of Release Authority

7.1 Should AUTOHUB not have received the Customer’s payment and/or the Customer’s selling dealer/agent release notification, in time to avoid Port demurrage costs, AUTOHUB will place the Customer’s Goods into storage (if such storage is available all the time) at the cost of the Customer, and they will remain undeliverable until the AUTOHUB invoice is paid, and/or the Release Notification is received by AUTOHUB and the storage costs are paid.

7.2 At the time of placing vehicles into storage, the Customer and the Customer’s selling dealer/agent will be notified in writing by AUTOHUB. After an initial 5 working days, and at each successive 5 working day interval, AUTOHUB will attempt to contact both the Customer and the Customer’s seller to request payment to enable the Goods to be released.

7.3 Should the Goods remain in storage for 20 working days, AUTOHUB will then issue a final demand to the Customer and the Customer’s Selling dealer/agent, stating that unless outstanding issues are resolved to its satisfaction within 5 working days of that notice, AUTOHUB will take the steps it considers appropriate (in its sole and unfettered discretion) to recover costs.

7.4 Where AUTOHUB receives a release notification from the dealer/agent, but the Customer has not paid the AUTOHUB invoice, AUTOHUB will attempt to contact the Customer, seeking confirmation of the reason for the nonpayment, and a copy of the enquiry will be sent to the Customer’s dealer/agent with a request for advice as to whether he does or does not have any charge over the vehicles in terms of the Customer’s arrangements with him. Once the positions are known, AUTOHUB will take such action as it deems to be appropriate (in its sole and unfettered discretion) to recover the debt owing to it. In any event AUTOHUB is not in anyway obliged to release the Goods until payment of the AUTOHUB invoice and any additional costs has been made by the Customer.

1. 1. Title to Goods and Uncollected Goods

8.1 AUTOHUB and the Customer agree that rights to the Goods shall not pass until:

(a) the Customer has paid AUTOHUB all amounts owing to AUTOHUB; and

(b) the Customer has met all of its other obligations to AUTOHUB.

8.2 It is further agreed that:

(a) Until rights in the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must deliver the Goods to AUTOHUB on request;

(b) The Customer irrevocably authorises AUTOHUB to enter any premises where AUTOHUB believes the Goods are kept and recover possession of the Good;

(d) AUTOHUB may commence proceedings to recover the Price of the Goods sold notwithstanding that right in the Goods has not passed to the Customer.

9. Security and Personal Properties Securities Act

9.1 The Customer:

(a) agrees that the retention of title in clause 8.1 of these Terms creates a Purchase Money Security Interest (having the meaning given to that term in the PPSA) in all present and after acquired Goods (and their Proceeds) as security for payment of the purchase price for the Goods until such amount is paid in full; and

(b) grants to AUTOHUB (unless otherwise agreed in writing by AUTOHUB) a security interest in all of the Customer’s present and after acquired personal property (as defined in the PPSA) including a fixed charge over all the Customer’s real property, wherever situated as security for the due payment of all other Secured Indebtedness, and to secure performance of all obligations owing by the Customer to AUTOHUB or any Related Company (such personal property and real property is together the “Secured Property”).

9.2 The Customer undertakes:

(a) to promptly do all things, execute all documents and/or provide any information which AUTOHUB or any Related Company may reasonably require to enable AUTOHUB or any Related Company to perfect and maintain the perfection of its security interests (including by registration of a financing statement); and

(b) not to consent to or enter into any agreement which permits any supplier or other person to register a security interest in respect of any collateral subject to AUTOHUB’s security interest, including (without limitation) the Goods (whether an accession or otherwise), which ranks in priority to AUTOHUB’s rights as first ranking security holder.

9.3 To further secure the Secured Indebtedness, the Customer agrees AUTOHUB shall have the right, at its absolute discretion to complete and register a mortgage (in the form of the then current New Zealand Law Society all obligations mortgage) over any interest in any land owned or held by the Customer now or in the future (whether a beneficial or legal interest owned jointly or alone, and as trustee or otherwise) and/or to lodge a caveat against the title to such land and the Customer irrevocably appoints AUTOHUB as its attorney for the purposes of executing and registering such mortgage and specifically authorises AUTOHUB to lodge a caveat against such land.

9.4 Each security interest created under these Terms is a continuing security, notwithstanding any intermediate payments or settlements of accounts or anything else and is in addition to, and is not to be merged with any other security or guarantee (present or future) expressed or intended to be security for any Secured Indebtedness or any other obligations owing by the Customer to AUTOHUB or any Related Company.

9.5 The Customer waives its rights under the PPSA to receive a copy of any verification statement, financing statement or financing change statement (as those terms are defined in the PPSA) and agrees that:

(a) as between AUTOHUB and the Customer, the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133, 134 and 148 of the PPSA;

(b) to the extent permitted by law these Terms exclude any other provisions of the PPSA which may be excluded in AUTOHUB’s discretion and which would otherwise confer rights on the Customer; and

9.6 The Customer acknowledges that is has received value as at the date of first delivery of the Goods and that AUTOHUB has not agreed to postpone the time for attachment of the security interest granted to AUTOHUB under these Terms.

9.7 The Customer must not:

(a) change its name, address or contact details without providing AUTOHUB 30 days prior written notice (which may be by email the address of an authorised AUTOHUB representative;

(b) give to AUTOHUB a written demand, or allow any other person to give AUTOHUB a written demand requiring a financing change statement to be registered; or

(c) lodge a change demand or allow any other person to lodge a change demand, in each case in relation to a financing statement registered by AUTOHUB under the PPSA.

9.8 The Customer will, upon demand, pay all AUTOHUB’s expenses and legal costs (on a solicitor-client basis) in relation to or in connection with the registration, maintenance and enforcement of AUTOHUB’s security interest.

9.9 If, at any time and for any reason, an Event of Default occurs, then (without prejudice to any other remedies AUTOHUB may have):

(a) AUTOHUB may suspend or cancel (in whole or in part) any order created under these Terms or any other contract with the Customer by written notice to the Customer.

(b) AUTOHUB may delay delivery of any Goods until the matter is resolved to AUTOHUB’s satisfaction.

(d) each security interest created under these Terms will become immediately enforceable.

(e) AUTOHUB may at any time appoint in writing one or more Receivers (jointly and/or severally) in respect of any Secured Property who shall be entitled to exercise all rights conferred on AUTOHUB under these Terms as well as at law generally and pursuant to the Receiverships Act 1993 and otherwise on such terms considered necessary or expedient by AUTOHUB;

(f) AUTOHUB or a Receiver may take possession of the Goods and any other Secured Property (including Goods that have become an accession under the PPSA) and may dispose of them or retain them for the benefit of AUTOHUB or any Related Company and for that purpose may, without notice enter directly (or through its agents) on any premises where AUTOHUB reasonably believes the Goods are stored, without being liable to any person. In respect of other Secured Property AUTOHUB may, in the name of the Customer or otherwise, at any time do anything and exercise any right which the Customer could do or exercise in relation to the Secured Property, including the right to take possession of, demand, collect and get in any Secured Property and deal with it in any way whatsoever including but not limited to disposing of Secured Property, cancelling any contracts, borrowing any money, taking any proceedings in the Customer’s name and settling any disputes or proceedings; and

(g) AUTOHUB may suspend all payment credit arrangements offered to the Customer immediately, without notice, until the Event of Default is remedied to AUTOHUB’s satisfaction and require future orders to be paid in cash in full prior to Delivery.

9.10 AUTOHUB does not (and will not be deemed to) undertake any of the Customer’s obligations in respect of the Secured Property by virtue of these Terms.

9.11 AUTOHUB is not required to marshal, enforce or apply under any security interest, guarantee or other entitlement held by AUTOHUB at any time or any money or property that AUTOHUB at any time holds or is entitled to hold.

9.12 The remuneration of the Receiver may be fixed by AUTOHUB but is payable by the Customer and forms part of the Secured Indebtedness. To the fullest extent permitted by law, a Receiver will be the agent of the Customer and the Customer will be solely responsible for that Receiver’s acts and defaults.

9.13 AUTOHUB may remove any Receiver appointed by providing that Receiver with written notice that the Receiver’s appointment has thereby ceased, whereupon the Receiver shall immediately cease to act.

9.14 The Customer irrevocably appoints, and ratifies the actions or omissions of, AUTOHUB, each Receiver, each nominee of AUTOHUB in whose name any Secured Property is registered and each duly authorised officer or attorney of AUTOHUB severally, to be its attorney (Attorney) (with full power to appoint substitutes and to sub-delegate) on behalf of the Customer and in the Customer’s name or otherwise and at its expense to complete, execute and otherwise perfect all assignments, security interests and other agreements and documents, and generally to do all other things which the Attorney may consider necessary or expedient to secure AUTOHUB the full benefit of its rights and intended rights under these Terms and any other contract with AUTOHUB to secure payment of the Secured Indebtedness and performance of the Customer’s obligations to AUTOHUB and any Related Company and any matters incidental thereto.

9.15 A certificate signed by AUTOHUB as to an amount due by the Customer shall be conclusive evidence of such for all purposes, including for any proceedings.

10. Privacy

10.1 AUTOHUB may at any time collect, hold and use information relating to this Terms of Trade for any purposes connected with its business including (but not limited to) debt recovery, credit reporting or assessment and to register any security interest, including collecting information from and disclosing information to related companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties.

10.2 Information disclosed by AUTOHUB to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services.

10.3 Under the Privacy Act 2020 individuals have the right to access and correct their personal information by contacting AUTOHUB.

10.4 The Customer, any director signing on behalf of the customer and any guarantor authorises AUTOHUB to collect, hold and use information from any person or entity for any of the above purposes and for such person or entity to disclose information to AUTOHUB and the customer further authorises AUTOHUB to disclose information to any personal entity for the above purposes and such person or entity to collect and hold and use information from AUTOHUB.

10.5 The Customer, directors and/or guarantors in accepting these terms of trade acknowledges that from time to time, information may be disclosed to a foreign person or entity which may not be required to protect the information in the way that provides comparable safeguards to the Privacy Act 2020. The customer, its directors and/or guarantors expressly acknowledge that possibility and nevertheless authorises AUTOHUB to disclose personal information to such foreign persons or entities.

11. General

11.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

11.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand, in which AUTOHUB has its principal place of business and are subject to the jurisdiction of the courts in New Zealand.

11.3 AUTOHUB may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.

11.4 The Customer cannot licence or assign without the prior written approval of AUTOHUB which shall be at the sole and unfettered discretion of AUTOHUB.

11.5 AUTOHUB may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of AUTOHUB’s subcontractors without the authority of AUTOHUB.

11.6 The Customer agrees that AUTOHUB may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer receives such changes, or otherwise at such time as the Customer makes a further request for AUTOHUB to provide Services to the Customer.

11.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

11.8 If any part, term or provision of these Terms shall be held invalid, void, illegal or unenforceable the validity, existence, legality or enforceability of the remainder of these Terms shall not be affected, prejudiced or impaired.

11.9 The parties assure each other that they have the power to make and carry out the terms of these Terms and that each has taken and will take all necessary action (corporate and otherwise) to authorise the execution, delivery and performance of their respective obligations under these Terms.

11.10 Nothing in these Terms shall constitute a partnership between the parties or constitute the parties as joint venturers or any party as agent for another party.

AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE
(Australia)

ABF means the Australian Border Force and includes where applicable the Department of Home Affairs and the Comptroller-General of Customs.

Australian Consumer Law Guarantee means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of any State or Territory fair trading legislation or the Australian Securities and Investments Commission Act (2001) (Cth).

Company means DAZMAC Pty Ltd ACN 152 551 589 and includes its employees and executives.

Consequential Loss means any loss or damage arising from a breach of contract or 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 bargain, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, wasted expenditure, any loss or gain for which restitution damages is capable of being awarded, or any similar loss which was not contemplated by the parties.

Corporations Act means the Corporations Act 2001 (Cth).

CoR means Chain of Responsibility, as it is used in the Heavy Vehicle National Law.

Customer means the person or corporate entity with whom this contract is made.

Customs Broker means a person or company licenced by the Australian Border Force to operate as a licensed customs broker pursuant to Part XI of the Customs Act.

Customs Broker’s Licence means any licence granted by the ABF to a party to operate as a licensed customs broker pursuant to Part XI of the Customs Act.

Customs Act means the Customs Act 1901 (as amended from time to time), 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.

Dangerous Goods means Goods which are volatile, explosive or which is or may become dangerous, inflammable or offensive (including radioactive materials) or which may become liable to damage any person or property whatsoever.

Goods means the cargo accepted by the Company together with any container, packaging or pallet(s) supplied by or on behalf of the Customer.

Government Authority means without limitation, all Government departments and agencies, in Australia or in any other country, with responsibility for the import and export of goods, the collection of revenue on the import and export of goods, and the transport and movement of those goods to include, without limitation, the Australian Border Force; the Department of Home Affairs; the Australian Maritime Safety Authority; the Department of Infrastructure, Transport, Regional Development and Communications; the Department of Agriculture, Water and the Environment; and the Australian Taxation Office.

GST Law means the A New Tax System (Goods and Services Tax) Act 1999.

GST Rate means the rate of GST under the GST Law.

Heavy Vehicle National Law means the road safety regime contained in the Heavy Vehicle National Law Act 2012 (Qld) and related State, Territory and Federal legislation including regulations and amendments.

Input Tax Credit has the same meaning as Input Tax Credit under the GST Law.

Laws means means any International Conventions, treaties or domestic 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 and including, without limitation all delegated legislation including regulations, ordinances and directions made pursuant to the Laws and any successor Laws.

Licence means any Customs Broker’s Licence, depot licence, warehouse licence, or any other licence issued by the ABF or other Government Authority.

Load Restraint Guide means the Guidelines and Performance Standards for the Safe Carriage of Load on Road Vehicles, National Transport Commission and Roads and Maritime Services NSW, and includes subsequent versions of the Guide.

PPSA means the Personal Property Securities Act 2009 (Cth).

Related Body Corporate has the same meaning as under the Corporations Act.

Security Interest has the same meaning as under the PPSA.

Sub-contractors means any other person who pursuant to a contract or arrangement with any other person (whether or not the Company) provides or agrees to provide the Services or any part of the Services.

Services means the whole of the operation undertaken by the Company in relation to the Goods, and includes, but is not limited to: the international carriage of the Goods; any advice provided by the Company; customs clearance; quarantine clearance; local delivery services; and warehousing and storage services.

Supply means the same as in the GST Law.

Taxable Supply means the same as in the GST Law.

Tax Invoice means the same as in the GST Law.

Trailer means any non-automotive and non-powered vehicle designed to be towed by an automotive vehicle on a road.

VGM means Verified Gross Mass as set out in Chapter VI, Part A, Regulation 2 of SOLAS and given effect in Australian law by Marine Order 42 (Cargo, stowage and securing) 2014 (Order 2014/11).

Application

2.1 These Trading Conditions apply to all Services provided by the Company to the Customer and prevail over any terms and conditions provided by the Customer and as contained in any transport document, including bill of lading, air waybill or consignment note.

Governing Law and Jurisdiction

3.1 These Trading Conditions and any collateral agreements made by the Company with the Customer shall be governed and construed according to the laws of New South Wales and shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Acceptance of Trading Conditions

4.1 The Customer acknowledges and agrees that it has received and understands these Trading Conditions. By instructing the Company to perform the Services, the Customer will be bound by the Trading Conditions of the Company.

Not a Common Carrier

5.1 The Company carries on business as a forwarding and logistics agent, and Customs Broker under Part XI of the Customs Act. The Company is not a common carrier and will accept no liability as such. The Company reserves the right to accept or refuse the provision of Services in respect of the Goods at its sole discretion.

Dangerous Goods

6.1 In the event that the Goods are found to be Dangerous Goods they may be destroyed or otherwise dealt with at the sole discretion of the Company 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 and OHS laws.

Payment and recovery of Fees

7.1 The Company is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to shipping and forwarding agents and insurance brokers whether declared or otherwise and no such brokerage, commission or allowance or other remuneration shall be payable or allowable to the Customer.

7.2 Quotations as to Fees and other charges are given on the basis of immediate acceptance and subject to the right of withdrawal or revision by the Company. Quotations are valid only for the specified weight and volume ranges quoted and for the designated services and standard of services quoted. 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 are subject to revision accordingly with notice or, if it is not reasonably practicable, without notice to the Customer.

7.3 If a change in law, regulation, statutory instrument, or Government Ruling or of any requirement of a Government Authority causes an increase in the costs associated with performance of the Service by the Company, including without limitation, through the introduction of fees, levies, charges, duties or tax, the Company is entitled to recover such additional costs incurred by it and the fees are subject to revision accordingly with notice or, if it is not reasonably practicable, without notice to the Customer.

7.4 The Company shall under no circumstances be precluded from raising a debit in respect of any fee or disbursements lawfully due to it, notwithstanding 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.

7.5 All amounts due to the Company in Australia are payable in Australian dollars. The Company is entitled to charge a currency conversion premium when converting receivables into Australian currency.

7.6 The Customer agrees that the Fees will be paid within 14 days of the date of an invoice statement or as otherwise determined by the Company.

7.7 If any amounts payable or due under any agreement between the Company and the Customer are not made within 7 days of the due date, the Customer will be in default and without limiting any other rights of the Company, the Customer shall pay to the Company, by way of liquidated damages, interest to be calculated at the rate being 2% above the Cash Rate Target fixed by the Reserve Bank of Australia on the amount outstanding calculated from the due date until payment is made in full. The Company may take any legal proceedings to recover amounts owing pursuant to these Trading Conditions.

7.8 The Company reserves the right to offset any amounts receivable from the Customer against any amounts payable to that Customer or any company affiliated with the Customer or any Related Body Corporate of the Customer. This right exists irrespective of the date the liability has been created or debt incurred with the Company.

Customer Warranties

8.1 The Customer warrants that it is either the owner 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 or as authorised agent of that person or those persons.

8.2 Furthermore, the Customer undertakes to indemnify the Company in respect of any liability whatsoever and howsoever arising in connection with the provision of the Services and/or the Goods to any person (other than the Customer) who has or claims to have any interest in the Goods.

8.3 The Customer warrants that it has complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the Goods including but not limited to the provisions of the Load Restraint Guide and that the Goods are packed to withstand the ordinary risks of handling, storage and carriage, having regard to their nature and indemnifies the Company for all liability and for all costs incurred as a result of or arising out of a breach of this warranty.

8.4 Furthermore, the Customer shall provide to the Company all such assistance, information and documentation that may be necessary to enable the Company to comply with such laws and regulations. The Customer is responsible for ensuring compliance with the Load Restraint Guide by any employee, agent or contractor loading or packing the Goods either in Australia or at an overseas location.

8.5 The Customer warrants that the information it provides to the Company in relation to the Goods, including the nature, number of packages and weight of the contents of the container is accurate and will indemnify the Company against all loss, damages and expenses arising from inaccuracies in such particulars, including in connection with any prosecution by a relevant authority.

8.6 The Customer warrants that any VGM provided to the Company is accurate and complies with Marine Orders 42 and has been calculated in accordance with an approved method and that the Customer will indemnify the Company against all loss, damages and expenses arising from a failure to supply a VGM obtained by one of the methods approved and in time to be used in vessel planning.

Reporting Obligations

9.1 The Company, its agents, employees and contractors are obliged to comply with certain conditions and Laws in respect of Licences in relation to the Goods or Services and none of the Company, its agents, employees or contractors are in breach of these Trading Conditions or in their obligations to the Customer in complying with such conditions or Laws.

9.2 The Customer further acknowledges and agrees that:

the Company’s Reporting Obligations may require the Company, its agents, employees and contractors to disclose a breach or possible breach of any Customs Related Law to any Government Authority;
none of the Company, its agents, employees and contractors will have any liability to the Customer or any other party arising from compliance with its Reporting Obligations or the conditions of its licences; and
the Customer must indemnify and keep indemnified the Company, its agents, employees and contractors from all costs and liabilities they incur in relation to their Reporting Obligations in respect of the Services or in relation to the Goods, including all legal costs which include, without limitation any legal costs incurred in determining whether a Reporting Obligation has arisen.

Sub-Contractors

10.1 The Company as agent for the Customer may contract either in its own name as principal or as agent for the Customer with any Sub-contractor for the Carriage, movement, transport or storage of the Goods or for the performance of all or any part of the Services pursuant to or ancillary to these Trading Conditions.

10.2 Any such contract may be made upon the terms of contract used by the Sub- contractor with whom the Company may contract for the Services and may be made upon the terms and subject to the conditions of any special contract which the Sub- contractor may in any particular case require, including in every case any term that the Sub-contractor may employ any person, firm or company for performance of the Services so contracted for.

Chain of Responsibility (CoR)

11.1 The Company is committed to ensuring as far as is reasonably practicable that any carriage of goods by road performed as part of the Services is performed safely and in accordance with the Heavy Vehicle National Law and its CoR provisions. This commitment extends to eliminating, or where elimination is not possible, minimising safety risks and the risk of damage to road infrastructure.

11.2 The Company will not comply with any directive or instruction by the Customer that might have the effect of contributing to a breach of the Heavy Vehicle National Law or preventing the Company from taking all steps that it considers to be necessary to prevent any breach of the Heavy Vehicle National Law or to otherwise comply with the duties of care under the Heavy Vehicle National Law.

11.3 The Company has a policy of compliance with its CoR obligations which is subject to regular audit and requires its sub-contractors to also have in place a policy of CoR which is subject to audit and review. In the event of a breach of CoR obligations by the Customer, the Company may cease the provision of further services and may withhold any payment for services where the Customer is a contractor to the Company.

11.4 The Company will not comply with any directive or instruction by the Customer that may cause a driver to exceed a speed limit or to drive while fatigued or in breach of a work or rest requirement under the Heavy Vehicle National Law.

Notification of Claim

12.1 Any claim for loss or damage must be notified in writing to the Company within seven (7) days of delivery of the Goods or of the date upon which the Goods should have been delivered.

12.2 If no claim for loss or damage is made within 7 days of delivery of the Goods then the Customer is deemed to have accepted the Goods and to the fullest extent permitted by law, waives any claim for loss or damage against the Company in respect of the Services.

12.3 The Company shall be discharged from all liability whatsoever in connection with the provision of the Services and/or the Goods unless legal proceedings are commenced and served upon the Company within nine (9) months of the provision of the Services or delivery of the Goods or when the Services should have been provided or the Goods should have been delivered.

Liability – Company not Liable

13.1 To the full extent permitted by law, the Goods remain at the risk of the Customer during the Services and the Company, its servants and agents will have no liability whatsoever to the Customer, whether in tort, contract, bailment, or otherwise, unless such is solely caused by, and attributable to, the gross negligence of the Company in provision of the Services, and the Customer shall indemnify the Company in respect of any claims made by third parties concerning the provision of the Services by the Company, in connection with or arising out of, but not limited to:

loss or physical damage to the goods;
deterioration of the Goods;
mis-delivery, failure to deliver or delay in deliver of the goods;
the Company’s provision of the services;
any loss or damage caused directly or indirectly by the Customer by breach of these Trading Conditions;
amounts of Customs Duty, GST and other payments made to Government Authorities on behalf of the Customer;
any penalties payable by the Company under the Customs Act 1901, or other legislation, due to the Customer providing incorrect, false or misleading information to the Company; omitting to provide information to the Company; and/ or failing to provide information or documents to the Company as requested by the Company;
damages payable by the Company from the failure of the Customer to return any container or transport equipment involved in Carriage in the time required by the contract between the Company and the supplier or owner of that container or other transport equipment;
demurrage or other charge for detention or failure to return items provided by the Company pursuant to contracts with other parties;
damages payable by the Company arising from or contributed to by errors or misrepresentations by the Customer; and
losses or damage incurred by the Company due to a breach by the Customer of any of the warranties in these Terms and Conditions.

13.2 The nature of the indemnity provided by the Customer pursuant to these terms and Conditions shall include, without limitation, all penalties, liabilities, all losses (including indirect and Consequential Loss) and damages assessed against the Company and its officers and employees, together with all legal costs incurred by the Company (calculated on a solicitor/client basis). The indemnity shall continue in force and effect whether or not the Goods have been pillaged, stolen, lost, damaged or destroyed.

13.3 Moreover, the Customer indemnifies the Company against any penalties, interest, tax or additional duty that is payable as a result of the Company providing information or making statements to any Government Authority as are necessary for the Company to comply with the terms of its Licences or Customs Related Laws.

13.4 Except as required by law, the Company shall not be responsible in negligence or contract or otherwise for loss, 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 the Company to the Customer or others as to the classification of or any matter material to the valuation of or the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax or rate charged in respect of the Goods or any cargo whatsoever. In giving or making any such quotation, advice, statement, representation or information the Company relies solely on the particulars provided by the Customer which warrants that those particulars accurately and completely describe all aspects of the Goods or cargo and the transaction(s) relating to the Goods or cargo.

13.5 In all cases where liability of the Company has not been excluded, whether by these Conditions, by statute or by international convention or otherwise, the liability of the Company whatsoever and howsoever arising is limited to:

Australian $100 or the value of the Goods the subject of the Contract at the time the Goods were received by the Company, whichever is the lesser; or
in the case of a breach of an Australian Consumer Law Guarantee, the payment of the cost of having the Services supplied again

13.6 The Customer will indemnify the Company for all charges and liabilities arising in connection with the use of any container or containers including repair costs, cleaning costs and/or detention charges. The Customer’s indemnity will include any reasonable costs, either administrative or legal, incurred by the Company in recovering from the Customer any amounts owing, pursuant to this indemnity.

Indirect Loss

14.1 Neither the Company nor the Customer shall be liable for any loss suffered by the other party in connection with the Goods or the services that is an indirect or Consequential Loss including:

losses that are purely financial or economic losses;
loss of opportunity;
losses in connection with contracts, agreements, or understandings the Customer has with third parties; and
any other losses whatsoever that do not arise directly from physical damage to or loss of the Goods and are consequential in nature.

Indemnity by Customer

The Customer warrants:

(a) that no claim or allegation shall be made, whether by the Customer or any other person who is or who may subsequently be interested in the provision of the Services and/or in the Goods, against any person (other than the Company) by whom (whether it is a Subcontractor, principal, employer servant, agent or otherwise) the Services or any part of the Services are or is provided which imposes or attempts to impose upon such person any liability whatsoever and howsoever arising in connection with the provision of the Services and/or the Goods and if such claim or allegation should nevertheless be made to indemnify the Company and the person against whom such claim or allegation is made against the consequences of such claim or allegation. For the purpose of this Clause 15(a), the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Contract; and

to indemnify the Company against any claim or allegation made against it by any person in connection with any liability, arising out of or relating to the provision of the Services and/or the Goods.

Himalaya Clause

16.1 Every exemption, limitation, condition and liberty in these Trading Conditions and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled in accordance with these Trading Conditions shall also be available and shall extend to protect:

(a) all Subcontractors;

(b) every servant or agent of the Company or of a Subcontractor;

(d) all persons who are or may be vicariously liable for the acts or omissions of any persons falling within paragraphs (a), (b) or (c) herein:

and, for the purpose of this clause, the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Contract.

Insurance

17.1 Insurance for the Goods is the responsibility of the Customer, and the Company will not affect insurance on the Goods, except upon receipt of express instructions provided in writing by the Customer to the Company, and the Customer provides a written declaration as to the value of the Goods.

17.2 Insurance arranged by the Company are subject to the usual exceptions and conditions of the policies of the insurer or underwriter taking the risk. At the discretion of the Company such insurance may name the Customer or owner as insured. In the event of any dispute in regard to liability under any such insurance policy for any reason whatsoever the Customer or other insured shall have recourse against the insurer or underwriter only and the Company shall have no liability or responsibility in relation to any such insurance policy. The Customer indemnifies the Company for any and all claims it may have against the insurer or underwriter.

Deviation re Method of Services

18.1 The Customer authorises any deviation from the usual manner in which the Services are provided which may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstances.

18.2 If the Customer expressly or impliedly instructs the Company to use or it is expressly or impliedly agreed that the Company will use a particular method of providing the Services, the Company will give priority to that method, however its adoption remains at the sole discretion of the Company and the Customer hereby authorises the Company to provide the Services by another method.

18.3 The Company 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 is entitled and authorised to engage Sub-contractors to perform all or any of the functions required of the Company upon such terms and conditions as the Company in its absolute discretion may deem appropriate.

Lien

19.1 The Company, its servants or agents shall have a Particular Possessory Lien and a General Possessory Lien on any Goods and documents relating to those Goods, and a right to see the Goods and documents, whether by public or private sale or auction, without notice, for all sums payable by the Customer or the Customer’s principals, servants or agents to the Company, for any and all debts, charges, expenses or other sums due and owing by the Customer or the Customer’s principals, servants or agents, including, inter alia, freight, customs import duty and GST, demurrage, container detention, fines, penalties, salvage, average of any kind, storage, and brokerage fees.

19.2 In addition, all costs and expenses of exercising the Company’s right of lien, including the sale of the Goods and reasonable legal fees, shall be covered by the lien.

19.3 The lien, and all rights granted herein shall survive delivery of the Goods and the Company shall be entitled to retain the proceeds of sale of the Goods in relation to any and all outstanding amounts and debt referred to herein. In the circumstance that the proceeds of sale are not sufficient to cover all amounts payable to the Company, the Company retains the right to recover any deficit from the Customer. The Company acts as principal and not as agent and is not the trustee of the power of sale when the Company sells or otherwise disposes of Goods and any documents.

19.4 From the time the Company, its servants or agents, receive the Goods into its custody, the Goods and all of the Customer’s present and future rights in relation to the Goods and any documents relating to those Goods, are subject to a continuing security interest in favour of the Company for the payment of all the amounts owed for freight, customs import duty and GST, demurrage, container detention, fines, penalties, salvage, average of any kind, storage, and brokerage fees and without limitation for any at all debts, charges, expenses or any other sums due and owing by the Customer or the Customer’s principals, servants or agents. Further, the continuing security interest shall cover all the costs and expenses of exercising the lien, including the costs of a public or private sale or auction, including legal and administration costs.

Force majeure

20.1 The Company shall not be liable to the Customer for any breach or failure to perform its obligations under these Trading Conditions or for any damage or loss to Goods resulting from one of the following: perils, dangers and accidents of the sea or other navigable waters; act of God; act of war; act of terrorism; act of public enemies; pandemic (including circumstances arising from Covid-19), epidemic or other major public health emergency; arrest or restraint of princes, rulers or people, or seizure under legal process; strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; riots and civil commotions; saving or attempting to save life or property at sea; or any other cause arising beyond the reasonable control of the Company, without the actual fault or privity of the Company and without the actual fault or privity of the agents or servants of the Company.

20.2 If the occurrence of any event contemplated herein causes a delay of over 5 Business Days in any obligation of the Company, then the provision of Services may be terminated by notice in writing by either party to the other party. However, all costs, charges and expenses already incurred by the Company prior to the termination or arising in connection with the disposal or return of the Goods shall be paid by the Customer.

Perishable Goods

21.1 Where the Goods are perishable and are not collected or delivered immediately upon arrival or are insufficiently or incorrectly addressed or marked or 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 tender of the net proceeds of any sale after deduction of all costs, expenses and charges incurred by the Company in effecting such sale or disposal shall be equivalent to delivery.

Goods unable to be Delivered

22.1 Where Goods cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or because they are uncollected or not accepted by the consignee they may be sold or returned at the Company’s option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company. All costs, charges and expenses incurred by the Company and arising in connection with the storage, sale or return of the Goods shall be paid by the Customer and may be deducted from the proceeds of the sale of the Goods.

Sale of Uncollected Goods in Storage

23.1 Where Goods are stored by the Company for the Customer, and they are uncollected for whatever reason they may be sold or returned at the Company’s option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company. All costs, charges and expenses incurred by the Company and arising in connection with the storage, sale or return of the Goods shall be paid by the Customer and may be deducted from the proceeds of the sale of the Goods.

23.2 If the sale of Goods does not provide sufficient proceeds to discharge all liability of the Customer to the Company, the Customer acknowledges that it is not released from the remainder of the liability to the Company merely by sale of the Goods.

23.3 The Company sells or otherwise disposes of such Goods as principal and not as agent and is not trustee of the power of sale.

Director’s Guarantee

24.1 At all times if the Customer is a corporate entity under the Corporations Act, the directors and shareholders of that corporate entity will guarantee the Debts, undertake to perform the obligations of the Customer and indemnify and keep indemnified the Company against the Debts.

24.2 The Customer shall ensure that its directors and shareholders will sign any other documents required by the Company to evidence and confirm any guarantee, undertaking and indemnity.

PPSA

25.1 The Customer acknowledges that the Company shall have a Security Interest which attaches over any Goods, and that the Company may, at the Customer’s cost, register its security interests granted by the Customer under these Trading Conditions, and all of the Customer’s present and future rights in relation to the Goods, on the Personal Property Securities Register established under PPSA. The Customer consents to the registration and perfection of the Security Interest under PPSA.

Australian Consumer Law

26.1 Notwithstanding anything herein contained, any Australian Consumer Law Guarantee that applies to the Services are not excluded. To the extent permitted by law, the liability of the Company for breach of an Australian Consumer Law Guarantee is limited to the payment of the cost of having the relevant Services supplied again.

GST

27.1 This clause applies if the Company is or may become liable to pay GST in relation to any Supply under these Trading Conditions.

27.2 Unless otherwise stated, all charges quoted are exclusive of GST. In addition to such charges, the Customer must pay GST on the Taxable Supply to the Company of an amount equal to the GST exclusive consideration multiplied by the GST Rate.

27.3 GST is payable by the Customer without any deduction or set-off for any other amount at the same time as the GST exclusive consideration is payable.

27.4 The Company shall provide to the Customer a Tax Invoice to enable the Customer to claim an Input Tax Credit.

Additional Terms and Conditions

Yachts and boats

Motor vehicles and motor bikes

Freight Quotes

All quotations for vehicles, boats and yachts are valid for 30 days unless otherwise stated.
All government charges are excluded from quotation such as import GST, import duty, quarantine fees.
Customs import duty will be charged unless a valid free trade agreement is presented.
All AUD Charges are subject to 10% GST for boat & yacht import quotations. Exports quotation are GST free.
Payment for all shipments is require as cleared funds prior to release of cargo from the port of discharge. In situations where the value of the boat or yacht is less than freight costs payment is required to be made in full prior to shipping from the port of loading.
If payment is not made, and the correct customs paperwork provided prior to the arrival of the vessel into Australia DAZMAC reserves the right to move the Goods, at Customer’s cost, to a customs bond or free store warehouse to avoid excessively high wharf storage fees.
All storage fees (if applicable) are payable by the Customer prior to release of the Goods.
Futile trips – If DAZMAC has arranged transport, cranes or any mobile service on behalf of the Customer and cargo cannot be picked up or dropped off because of any reason whatsoever the Company reverses the right to charge up to the full amount of the transport price quoted.

Space and Equipment Availability

All bookings are subject to the shipping lines space and equipment availability
Crane fees can be charged if, for example, if the cradle is not safe or built to be fork lifted.

Inner Cargo

The Company is not liable for loss, damage, delays or theft of any inner cargo in vehicles, motorhomes caravans, boats or yachts shipping on Roll on Roll Off or Breakbulk vessels.
All Inner cargo is shipped at the sole risk of the Customer.
All Personal effects must be declared and packing list provided.
Note not all Shipping lines or trucking companies accept inner cargo or personal effects so this may cause additional futile trip, storage, gate out, and or delays to the shipment.

Dimensions

The Company accepts NO responsibility for any change in the dimensions. The shipping lines and terminals measure the cargo in which our freight rates are based. If the Customer disagrees with any dimensions provided by shipping lines or terminals the Customer shall contact the Company for clarification.
Re-measurements can be arranged. Each shipping line has different policies on this. Some charge for a surveyor, while others allow this for free, others only allow remeasurement prior at the export terminal.

32. Quarantine

The Company is not liable for any additional quarantine charges for cleaning, transport, re-inspection or attendance.
Quarantine regulations and costs vary from state to state, and by commodity.

US Customs Examinations

In the event a container is pulled by US customs for exam, all associated charges will be divided and spread across each consignment based on the total cubic metre usage in the container

Asbestos

All vehicles and motorbikes must be tested and cleared of asbestos before departing for Australia.
The Company will ensure there is due diligence performed in finding and removing asbestos from all vehicles & motorbikes. Refusal to remove or test components may result in shipping being declined. All penalties and removal costs will be charged to the Customer.
Any parts tested for asbestos will have samples taken that may compromise the part/s. The Company is not responsible for, nor liable for, the condition of tested parts.

Damage

The Company is not liable for the below types of damage. Also note that any insurance policy may not cover these circumstances;

Vehicle Spoiler & under carriage damage with a ride height below 150mm
Any mechanical faults and/or damage caused due to a mechanical failure
Rust / Corrosion
Electrical faults including any battery related issues
Damaged caused by bio-security cleaning done either onshore or offshore
Damage caused by quarantine treatments such, but not limited to heat treatment, steam cleaning, or fumigation
Damage or loss to any inner cargo
Parts/items subject to asbestos testing &/or removal
Any and all damage to vehicles of an age of 25 years or greater
All Trailers must be fit for purpose for travelling and being towed on a road (unless the Customer advised the Company in writing at the time of booking that the Trailer must travel on a truck-tray). The Company will have no liability whatsoever to the Customer for any loss or damage caused to a trailer, any third-party property, or any other loss or damage whatsoever, and the Customer shall indemnify the Company in connection with any and all loss caused because the trailer is being towed on any road.
If damage does occur in transit, replacement parts or paint must be to same quality as the original condition. Replacement used parts are not to be replacement “brand new” parts unless approved by DAZMAC Pty Ltd
If vehicle/goods paint is damaged in transit, the limit of liability is only to the panel damaged. If there are pre-existing paint imperfections or damage any repair or payment will be proportionately reduced to avoid betterment

All Goods must have an independent pre-purchase or pre-shipping report completed for any claim to be considered.

DAZMAC Pty Ltd reverses the right to;

Negotiate payment settlement
Supply Parts from its own sources
Direct the repairs to be undertaken at any designated repair workshop
Limit payment to the same amount as a subsequent independent company quotation as sourced
Return a vehicle Only to its quoted condition at the time of purchase
Reduce payment amount where betterment results / new items fitted
Decline an invalid claim
Decline any claim with insufficient, or incomplete information.
Decline any claim that has not been filed or completely filed within the required time frame
Decline any claim where evidence of the claimed matter is deemed to be “pre-existing”
Decline any claim related vehicles purchased already in a “damaged” condition such as a repairable or statuary write off, and/or require forklift or towing to be transported.

TERMS & CONDITIONS – CUSTOMS BROKERAGE
AutoHub USA, INC. TERMS AND CONDITIONS OF SERVICE

This Autohub USA, Inc. Terms and Conditions of Service agreement (“Agreement”) constitutes a legally binding contract between the “Company” and the “Customer” (individually “Party” and collectively “Parties”) governing the provision of customs brokerage and related services by the Company to the Customer. In the event the Company renders any other services to Customer, the Terms and Conditions of Service agreement as set forth for such other service(s) shall govern those services and the Terms and Conditions of Service agreement for those services is hereby incorporated by reference into this Agreement.

The most current Terms and Conditions of Service and the controlling version of the Autohub USA, Inc. Terms and Conditions of Service are published at www.autohub.co and are subject to change by Company, without prior notice.

1.Definitions.

a. “Company” shall mean Autohub USA, Inc., its subsidiaries, related companies, agents and/or representatives.

b. “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(ies) of these Terms and Conditions of Service to all such agents or representatives.

c. “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form.

d. “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier.”

e. “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise.”

2. Company as Agent.

The Company acts as the “agent” of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the filing of security documentation on behalf of the Customer and other dealings with Government Agencies. As to all other services, Company acts as an independent contractor. Customer agrees that the version of these Terms and Conditions of Service in effect at the time of tender will apply to services provided by the Company. Except to the extent of any written agreement between Company and Customer, these Terms and Conditions of Service supersede any claimed, alleged or asserted oral agreement, promise, representation, or understanding between or among the parties with respect to the customs brokerage services provided by Company.

3. Limitation of Actions.

Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing, sent by certified U.S. Mail and shall be effective upon receipt by the Company at the following address: 3401 E Randol Mill Rd, Arlington, TX 76011, Attn: Director, Autohub Import Services as per the terms in Section 22 Notices of this Agreement.

These claims must be received by the Company within ten (10) days of the collection and/or delivery of the vehicle. Customer’s failure to give the Company timely notice shall be a complete defense and absolute bar to any suit or action commenced by Customer. Claims may not be deducted from charges and no claim will be considered until all fees due hereunder have been paid in full. In the event that Company pays a claim, Company shall be entitled to possession of the portion of the shipment for which claim was made as salvage, if applicable. The failure to provide the salvage shall be an absolute bar to recovery of any claim.

a. All suits against Company must be filed and properly served on Company as follows:

i. For claims arising out of ocean transportation, within one (1) year from the date of the loss, however for shipments subject to the U.S. Carriage of Goods by Sea Act, such time period shall be nine (9) months;

ii. For claims arising out of air transportation, within one (1) year from the date of the loss;

iii. For claims arising out of the preparation and/or submission of an import entry(s), within seventy five (75) days from the date of liquidation of the entry(s);

iv. For claims arising out of the preparation and/or submission of an importer security filing, within one (1) year from the date of loss; and

v. For any and all other claims of any other type within one (1) year from the date of the loss or damage.

4. No Liability for the Selection or Services of Third Parties and/or Routes.

Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party. All claims in connection with the act of a third party shall be brought solely against such party and/or its agents. In connection with any such claim, the Company shall reasonably cooperate with the Customer, who shall be liable for any charges or costs incurred by the Company.

5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice. No quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

6. Reliance On Information Furnished.

a. Customer acknowledges that it is required to review all documents and declarations prepared by Company and/or filed by Company on Customer’s behalf with U.S. Customs and Border Protection, other Government Agencies and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements or classifications, or omissions on any declaration or other submission filed on Customer’s behalf.

b. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer, including but not limited to tariff classification and information relating thereto. Customer shall use reasonable care to ensure the correctness of all such documentation and information and shall indemnify and hold the Company harmless from and against any and all claims, liability or losses, including but not limited to attorney’s fees, suffered by reason of the Customer’s failure to disclose documentation or information, or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all documentation and information required to import, export or enter the goods.

7. Declaring Higher Value to Third Parties.

Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.

8. Insurance.

Unless requested to do so in sufficient time prior to shipment from point of origin, and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf. The Company does not undertake or warrant that such insurance can or will be placed. In the event that Customer requests insurance from Company, all insurance placed will be governed by the certificate or applicable policy issued and will only be effective upon acceptance by the insurance Company selected by the Company. In all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. If for any reason the goods are held in warehouse, or elsewhere, the goods will not be covered by insurance, unless the Customer specifically requests such coverage in writing, and in advance, and Company confirms in writing that such coverage has been obtained. MARINE INSURANCE IS HIGHLY RECOMMENDED and is the type of insurance you the Customer need during the shipment of your vehicle. It is the car owner’s responsibility to assure that the cargo being shipped has the appropriate marine insurance coverage during the shipment. The Company and their agents are acting only as Transportation Service Providers and shall not and are not to be held responsible for any loss or damage to any vehicle or contents or for delay in delivery thereof to destination.

The Company undertakes only to use reasonable care in the selection of carriers, transporters, forwarders and others to whom it may entrust the goods for transportation, handling and/or storage or otherwise and is authorized to select such persons as required to receive, forward, transport, store, deal with and deliver the goods, all of whom shall be considered as having been retained by the Car Owner. The Company and/or its agents make arrangements for the transportation at the risk of the owner/shipper, subject to the conditions of the ocean carrier’s Bill of Lading.

Please note the Maximum Liability per the U.S. Carriage of Goods By Sea Act (U.S. COGSA) is $500 per unit.

A long form of the Terms and Conditions of the Bill of Lading can be provided upon request and can be found in long form on our website at www.autohub.co. Claims for dead batteries, Acts of God, mechanical, product failure, signs of normal wear and tear, such as small scratches, dings, etc., will not be accepted for payment. Because your vehicle may be subject to environmental changes, such as a Tropical Environment, extreme areas of dampness and/or inclement weather, in the case of a mold growth (fungi) inside your vehicle, the Company or their Agents cannot and shall not accept responsibility or liability. You should inquire with your insurance Company prior to shipment to assure you have proper insurance coverage and to research ways to prevent mold growth and recommended cleaning methods used where mold may occur.

NEED CUSTOMER TO E-SIGN OR Initial HERE and DATE. Signature is preferred.

9. Disclaimers: Limitations of Liability.

a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services.

b. Subject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties.

c. In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).

d. In the absence of additional coverage under (c) above, the Company’s liability shall be limited to the following:

i. Where the claim arises from activities other than those relating to customs business, Fifty Dollars ($50.00) per shipment or transaction.

ii. Where the claim arises from activities relating to “Customs business,” including importer security filing services or other filings, activities, shipments, or transactions, liability shall be limited to Fifty Dollars ($50.00) per entry or the amount of brokerage fees paid to Company for the entry, whichever is less.

e. In no event shall Company be liable or responsible for (i) consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for (ii) the acts of third parties.

10. Advancing Money.

All charges including but not limited to duties and taxes must be paid by Customer within ten (10) working days from the date of invoice for such fees, regardless of other terms that may have been agreed up for other invoiced services. The Company will not advance funds for payment of duties or taxes.

11. Indemnification/Hold Harmless.

The Customer agrees to indemnify, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees (regardless of whether or not litigation is filed) arising from the importation or exportation of Customer’s merchandise, any/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any applicable laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees (regardless of whether litigation is filed), which the Company may hereafter incur, suffer or be required to pay by reason of such claims.

12. No Duty To Maintain Records For Customer.

Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC 1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the Unites States. Unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a “record keeper” or “record keeping agent” for Customer.

13. Right to Inspect Property.

All shipments are subject to inspection by Company. Company is not obligated to perform such inspection except as mandated by law. Company reserves the right to unilaterally reject a shipment it deems unfit for transport after inspection.

14. General Lien.

Company shall have a general lien on any and all property (and documents related thereto) within its care, custody and control for all charges and expenses advanced by Company, including any charges due for prior unrelated shipments, invoices or services performed by Company. Company may refuse to surrender possession of the goods until all such charges are paid in full. If such amounts remain unpaid for thirty (30) days after Company’s demand for payment, Company may sell such property at public auction or private sale. The proceeds of such sale shall be applied to the amounts owed. Any surplus shall be paid to the rightful party and the Customer shall remain responsible for any deficiency.

15. Obtaining Binding Rulings, Filing Protests, etc. Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake pre or post release actions, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

16. U.S. IMPORTS

It is the owner’s and/or consignee’s express responsibility to ensure vehicle(s) being shipped meet current U.S. EPA and DOT specifications and regulations. If not, special arrangements must be made prior to shipment. Any additional costs incurred due to a vehicle not meeting these regulations will be solely at the expense of the Customer. The Company and its agents shall not be held liable for any additional costs incurred due to non-compliance under any circumstances.

The United States Department of Agriculture (USDA) requires all vehicles being imported to the customs Territory of the U.S. to be free of all soil and agriculture pests, especially the undercarriage. Therefore, it is the responsibility of the Customer to assure that the vehicle is cleaned in accordance, with USDA requirements. All vehicles entering the U.S. are subject to USDA inspection at the port of arrival. The Company and no other Party involved in the transportation of the vehicle shall accept responsibility in case a vehicle is inspected by USDA in the U.S. and is found to be in a dirty condition. Any applicable charges arising from a USDA mandated cleaning of the vehicle thereof, will be solely for the account of the Customer and the Customer is responsible for paying all charges PRIOR to accepting delivery of the vehicle.

In order to perform the U.S. customs clearance, it is imperative that ALL required documents are received by the Company and their agents PRIOR to the vessel arrival in the U.S. There are normally only five (5) free days of storage which begins on the day of vessel discharge (this varies by port and is only approximated). Storage charges will begin on the 5th day and, depending on the port of arrival, are approximately $5.00 to $10.00 per day. If Vehicles are not picked up from the port within five (5) days after vessel arrival, the vehicle risks going into general order. The Customer and/or owner of the vehicle will be responsible to pay for any possible accrued storage charges. Should an incorrect notification email address and phone number be provided, the Company and their agents shall not accept responsibility for non-notification of vessel arrival. It is the sole responsibility of the Customer & export agent to provide a correct and current notification address and telephone number to the Company. Should the Customer not have an appropriate notification address at time of booking the shipment, the Customer understands that it is their sole responsibility to contact the Company and the agents as soon as possible, prior to the arrival of their vehicle in the U.S. NO EXCEPTIONS!

17. Vessel Sailings and Transit Times.

The Company has no control over a Vessel Carrier canceling or discontinuing a port call sailing or deciding that they will not call a certain overseas port. The Company will not accept responsibility or liability in the case of a discontinued service, which can happen without notice from the steamship line. Vessel sailings and transit times are approximate and cannot be guaranteed by the Company. Please note that if an arrival is delayed for any reason, The Company will not reimburse any claim submitted for a rental vehicle or other expense due to the late arrival of a vessel. When a steamship line does not load cargo that has been booked to a particular vessel, The Company has no control over the vessel loadings and therefore will not reimburse any claim submitted due to the non-loading or short shipment of cargo.

18. No Modification or Amendment Unless Written.

These Terms and Conditions of Service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

19. Compensation of Company.

The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers, and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorney fees and a late payment fee of one and one half percent (1.5%) per month, or the highest rate permitted by applicable law.

20. Force Majeure.

Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its subcontractors, including but not limited to: (i) acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster; (ii) war, hijacking, robbery, theft or terrorist activities; (iii) incidents or deteriorations to means of transportation, (iv) embargoes, breaches of contract or omissions by Customer, Shipper, Consignee or anyone else who may have an interest in the shipment (viii) acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or (ix) strikes, lockouts or other labor conflicts.

21. Severability; Waiver.

In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. Company’s decisions to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.

22. Notices.

All notices to the Company shall be provided by certified U.S. Mail and shall be effective upon receipt by the Company at the following address: 3401 E Randol Mill Rd, Arlington, TX 76011, Attn: Director, Autohub Import Services.

23. Governing Law; Consent to Jurisdiction and Venue.

These Terms and Conditions of Service and the relationship of the parties and the transactions and performances contemplated hereunder and all suits and special proceeding, arbitration, mediation or similar proceedings hereunder shall be construed in accordance with and governed by the internal laws (without reference to choice or conflict of laws principles) of the State of Texas, excluding its principle of conflicts of laws.

Any suit, action, or other proceeding brought against any of the Parties to this Agreement or any dispute arising out of this Agreement, or the transactions contemplated hereby must be brought either in the courts sitting in Tarrant County, Texas, or in the United States District Court for the Northern District of Texas and by its execution, each Party accepts the jurisdiction of such courts and waives any objections based on personal Jurisdiction or venue. Additionally, each Party waives the defense of forum non conveniens. The Parties further agree that any action to enforce a judgment may be instituted in any jurisdiction.

Terms of Trade

AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE(Importing into New Zealand)

AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE(Australia)

TERMS & CONDITIONS – CUSTOMS BROKERAGEAutoHub USA, INC. TERMS AND CONDITIONS OF SERVICE

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AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE
(Importing into New Zealand)

AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE
(Australia)

TERMS & CONDITIONS – CUSTOMS BROKERAGE
AutoHub USA, INC. TERMS AND CONDITIONS OF SERVICE