TRADING TERMS & CONDITIONS

By instructing the Company to supply the Services, the Customer agrees to accept and be bound by the Company’s trading terms and conditions. All and any business undertaken by the Company shall be subject to the Company’s trading terms and conditions of contract which are as follows:

Definitions

1. “Company” shall mean Bonds Transport Group Pty Ltd (ACN 131 961 852), their employees, servants, agents, subsidiaries, associated entities, successor and/or assigns.
2. “Customer” shall mean the shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods or the person for whom any of the Services are arranged and/or performed.
3. “Goods” shall mean the chattels, articles or things tendered by the Customer for the Services and shall include the container(s), unit load device(s) or other packaging containing the same and any other pallet(s) delivered with the same to the Company or Subcontractor by the Customer or for or on its behalf.
4. “Government Authority” means, without limitation, all Government Departments 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, Australian Customs Service (ACS), Australian Quarantine Inspection Service (AQIS) and Australian Taxation Office (ATO).
5. “Services” shall mean the carriage, transport, movement, packing, handling, storage/warehousing, customs clearance and/or any other service arranged or performed by the Company, pursuant to, or ancillary to, this contract with the Customer.
6. “RAS” shall mean Road and Air Services for non-metropolitan intra/interstate and/or international shipments consigned by the Company, pursuant to, or ancillary to, this contract with the Customer to specialist third party carriers.
7. “Dangerous goods” shall mean such of the Goods as shall be, or become, in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable, or capable by their nature of causing damage or injury to other goods, persons, plants or animals or to any thing including that in which the Goods are carried, handled, or stored.
8. “Valuables” shall mean bullion, coins, precious stones, jewellery, antiques, or works of art.
9. “Perishable goods” shall mean such of the Goods as shall be in fact or law liable to deteriorate in quality and/or value and shall include, but not be limited to, fruits, vegetables, dairy products, meat, etc.
10. “Subcontractor” shall mean and include any person, firm, or company (other than the Company) that arranges or performs the Services (or a part thereof).
11. “Carriage by Air Convention” – shall mean applicable legislation incorporating the Warsaw Convention (1929), the Warsaw Convention as Amended at the Hague (1955) and Warsaw supplementary protocols such as the “Guadalajara Convention”, Protocol of Montreal No. 4 or the Montreal Convention (1999).
12. “ACL” means the Australian Consumer Law (“ACL”) being Schedule 2 of the Australian Competition & Consumer Act 2010 (“CCA”)

    Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm, corporation, or other entity where appropriate.

    Company’s Capacity

    2. The Company and Customer agree that:
       
       1. the Company acts as agent only in arranging the Services (or a part thereof) except in circumstances where:
          
          1. it performs the Services (or a part thereof),
          2. it expressly agrees/undertakes in writing to act as principal or
          3. where a Court holds it to be principal.
       2. without limiting the generality of 2(a), the Company acts as agent when an air, road, or sea carrier issues an air waybill, consignment note or sea carriage document for the designated carriage in that document naming the Customer or its agent (excluding the Company) as shipper and/or consignee in said document.
       3. without limiting the generality of 2(a), the Company’s supply of a container or equipment as part of the Services is not evidence in itself that the Company acts as a principal.

    Not a Common Carrier/Entire Agreement

    3. The Company is not a common carrier and accepts no liability as such. Services are arranged, undertaken and/or performed by the Company subject only to these conditions of contract which constitute the entire agreement between the Company and the Customer. No person has the authority of the Company to waive or vary these conditions and the Company reserves the right to refuse at its sole discretion the arranging, undertaking, or performing of any of the Services for any customer whether before, during or after the Service has commenced and further reserves the right to open and/or inspect all Goods at its discretion and at the Customer’s expense.

    Contracts with Third Parties

    4. As agent or principal pursuant to clause 2(a) herein, the Customer hereby employs and authorises the Company to contract either in its own name or in the Customer’s name with any Subcontractor, and authorises any Subcontractor to contract the services of any other Subcontractor, for the performance of any of the Services agreed to be arranged or performed pursuant to, or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Subcontractor with whom the Company or Subcontractor may contract for such Service(s) including in every case terms which may limit or exclude liability in respect of the Service. In any event, the Company shall be entitled to the full benefits of all privileges, right and immunities available to any Subcontractor under such contract or compulsorily applicable law in respect of the Services provided. Any Subcontractor’s terms are available from the Company on request.

    Prevention of Suit/Circular Indemnity and Himalaya

    5. The Customer undertakes that no claim or allegation shall be made against the Company’s employees, servants, agents, Subcontractors (including the Subcontractors’ employees and agents) or other person who may be vicariously liable for the acts or omissions of such parties which imposes or attempts to impose upon any such party any liability whatsoever in connection with the Goods whether or not arising out of negligence on the part of such party. If any such claim or allegation should nevertheless be made, the Customer will indemnify the Company against all consequences thereof. Without prejudice to the foregoing, every such party shall have the benefit of all provisions herein benefiting the Company as if such provisions were expressly for its benefit, and in entering into this contract, the Company, to the extent of these provisions, does so not only on its own behalf, but also as agent and trustee for such parties.

    Warranties by the Customer

    6. The Customer warrants:
       
       1. that it is the owner of the Goods or otherwise has the authority of the owner or person having an interest in the Goods or any part thereof to sign the Company’s Letter of Instruction, other contractual document or otherwise accept and consign the goods upon and subject to these conditions.
       2. that the person releasing or delivering the Goods to the Company is authorised to sign the Company’s Letter of Instruction, other contractual document and/or otherwise accept and agree to these conditions on the Customer’s behalf.
       3. the adequacy of packing, stowing and suitability of the Goods for the Services contracted and accuracy of all markings and brandings of the Goods, descriptions, values and other particulars furnished to the Company for the carriage, customs, consular and any other purposes and undertakes to indemnify the Company against all loss, damage, expenses and fines arising from any inadequacy, unsuitability, inaccuracy or omission in this respect.
       4. that the performance of any Service provided or arranged by the Company to affect the instructions of the Customer in respect of the Goods shall not be in breach of any law.

    Exclusion and Limitation of Liability

    7. 1. Subject to the terms and conditions in this contract and mandatory applicable statute, convention or law, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:
          
          1. arising from an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;
          2. caused by the negligence of the Company’s servants, employees, agents, Subcontractors or otherwise;
          3. caused by a breach or fundamental breach of contract and/or breach of bailment;
          4. resulting from, or attributable to, any quotation, statement, representation, or information, oral or written, made, or given on behalf of the Company or its servants, agents, employees or Contractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service;
          5. occasioned by the Company complying with any requirement or directive of any Government Authority in relation to the Goods;
          6. occasioned by examination of the Goods by any Government Authority;
          7. occasioned by treatment of the Goods by any Government Authority (including without limitation, any fumigation or decontamination or other treatment by AQIS).
       2. In all cases where liability cannot be excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by the Company.
       3. In all cases where liability cannot be limited or excluded by this agreement because of mandatory applicable statute, convention or law including any legislation making compulsorily applicable to the Company and/or a Subcontractor carrier such as a Carriage by Air Convention, the Hague Rules, the Hague-Visby Rules, or the Hamburg Rules, or adaptations thereof, such as the Australian Carriage of Goods by Sea Act (1991), the New Zealand Maritime Transport Act (1994), or the Carriage of Goods by Sea Act of the United States (1936) – all as amended from time to time], the provisions of the applicable statute, convention or law shall be deemed incorporated herein and any rights, immunities and/or defences therein shall be available to the Company. For the purpose of determining the extent of the Company’s liability for loss of or damage to the Goods under this agreement or any mandatory applicable legislation, the value of the Goods lost or damaged is agreed to be the invoice cost value.
       4. In all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Services pursuant to statute or otherwise, the liability of the Company is limited to any one or more of the following:
          
          1. the supplying of the Services again; or
          2. the payment of the cost of having the Services supplied again.
       5. Without limiting the generality of the foregoing, the parties shall in no circumstances be liable for loss or damage other than directly to or from the Goods, including indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused.
       6. Further without limiting the generality of the foregoing, the Company shall not be liable for any loss or damage suffered by the Customer or any other person as a result of a failure or inability of the Company or Subcontractor to collect or receive C.O.D. payments from any consignees or their agents whether caused by the negligence of the Company’s servants, agents, employees, Subcontractors or otherwise.
       7. No declaration of value will be made for the purpose of extending liability and the Goods will be forwarded or dealt with at the Customer’s or owner’s risk unless express written instructions to the contrary are given by the Customer and accepted in writing by the Company and extra charge paid if required by the Company.
       8. It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
          
          1. Any claim by the Customer for loss or damage must be lodged in writing to the Company within 7 days of delivery of the Goods or the date Services are completed, whichever date occurs first;
          2. Any claim by the Customer for loss/non-delivery of Goods must be notified in writing to the Company within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first.
       9. Any right to any legal remedy of the Company or the Customer against the other shall be extinguished unless legal proceedings are brought against the other within 12 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.

    Negotiation of Extension of Responsibility/Liability/Warranty/Insurance

    8. 1. Upon negotiation with the Customer in writing, the Company may agree to greater responsibility and liability than set out in the sub-paragraphs (a) to (i) of the above provision upon payment of additional charges by the Customer as required. Applicable rates for greater responsibility and liability are subject of discussion and negotiation between the parties.
       2. Should the Customer not choose nor the parties agree to the Company taking greater responsibility and liability for the Services for additional charge pursuant to subparagraph (a) above, the parties agree that the Company provides a lower cost service on the premise that it has the right to exclude or limit liability and/or seek indemnity as provided for in this Agreement.
       3. Additionally or alternatively, the Customer may choose and agree with the Company at extra cost that the Company provide a conditional warranty with warranty/liability limit that the Company provides in respect of loss or damage to Goods subject to the Company’s warranty terms and conditions (“WTCs”) (refer to WTCs below) and which if applicable are supplementary terms to this agreement and incorporated herein.
       4. Depending on the level of responsibility and liability or warranty cover agreed or arranged as between the Customer and the Company pursuant to sub-paragraphs (a) to (c) above, the Customer may need to consider seeking its own insurance cover for loss or damage it may incur that is not fully indemnified by the Company or warranties as agreed. No insurance will be arranged or effected by the Company on the Customer’s behalf.

    Loading and Unloading on and from Transportation Vehicle

    9. 1. The Customer shall be responsible for the cost of, and arranging for, the loading and unloading of the Goods on and from the relevant transportation vehicle.
       2. In the event that there is a delay in the loading or unloading of the Goods by reason other than the default of the Company or Subcontractor, the Customer shall be liable for the Company’s expenses incurred by reason of the delay, including demurrage costs as notified by the Company orally or in writing from time to time or available upon request.
       3. The Customer shall provide adequate and suitable facilities and equipment for loading and unloading the Goods from the relevant transportation vehicle. The Customer also warrants that the Goods will be suitable for carriage in such vehicle.
       4. The Customer has the right to inspect the transportation vehicle before the loading of the Goods. Absent any inspection and complaint, the transportation vehicle will be deemed to be in adequate and suitable condition for the carriage of the Goods. Thereafter, the Customer shall have no rights against the Company with respect to the condition of the vehicle and the Company will have no liability in respect of any loss or damage caused by the inadequate or unsound condition of the vehicle.

    Storage/Warehousing

    10. 1. When presented for storage, the Customer will ensure that the Goods are securely and properly packed in compliance with any statutory requirements and recognised standards and in such condition so as to not cause damage or injury, or the likelihood of damage or injury, to the property of the Company or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or howsoever caused.
        2. Before presentation of Goods for storage, the Customer will inform the Company in writing of any special precautions necessitated by the nature, weight, or condition of the Goods.
        3. If the Customer instructs the Company to use a particular method of storage, the Company will give priority to that method but if the Company cannot conveniently adopt it, the Company may use any method of storage.
        4. If any identifying document or mark is lost, damaged, destroyed or defaced, the Company may open any document, wrapping, package or other container in which the Goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership.
        5. The Goods may at any time be stored or otherwise held at any place or at any time be removed from any place at which they may be stored or otherwise held to any other place to be stored or otherwise held at the sole discretion of the Company. In every case, whether storage is incidental or the primary Service provided by the Company, it will be provided at the Customer’s risk and expense as a primary charge(s) or a charge(s) incidental to or in connection with the carriage of the Goods or any Service hereunder.

    Termination

    11. 1. The Customer or Company may terminate the agreement at any time after the minimum storage period of 1 month by giving not less than 14 days to the other.
        2. If the Customer is in breach of this agreement, the Company must give the Customer not less than 7 days notice to rectify the breach. If the Customer fails to do so, the Company may immediately terminate the agreement on notice to the Customer.
        3. Should the Company terminate the agreement, the Customer shall:
           
           1. pay all fees owing within 7 days – including 2 weeks storage fees in respect of stored Goods which the Customer agrees is a reasonable sum to cover the Company’s loss for the period of storage lost while the Goods are removed and the Company finds another customer to fill the Customer’s space; and
           2. remove its Goods from storage or pay the Company to deliver the Goods to a designated destination within 3 days of paying all fees in (i) above, failing which the Company will consider the Goods abandoned which the Company may sell or dispose of pursuant to the Sale and Disposal of Goods Clause of this agreement.

    Customer’s Indemnity

    12. The Customer shall indemnify the Company in respect of any claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost, or other liability reasonably incurred by the Company:
        
        1. whether arising directly or indirectly from any Service arranged or performed by the Company and/or
        2. as a result of any breach of the terms, conditions, or warranties in this contract by the Customer.
    13. Without limiting the generality of the foregoing, the Customer shall remain responsible to the Company for all charges (C.O.D. or otherwise) paid by the Company to any of its agents, Subcontractors or any other party or authority;
    14. The Customer shall indemnify the Company in respect of any loss or damage arising from any inherent defect, quality, or vice of the Goods.

    Quotations

    13. Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at the Company’s discretion. Charges may be referred and prices quoted or displayed on the Company’s website for information. These are estimates only. These may change depending on any additional service or charges/fees incurred as will be advised by the Company to the Customer and will be payable by the Customer. Goods will be reweighed/remeasured to determine the chargeable weight. If this weight is more than that amount originally charged to the Customer, the Customer will be recharged based on the correct weight for which the Customer will be liable.

    Authority for Payment of Expenses/Duties/Inspection and/or Release of Goods/Information

    14. The Customer authorises the Company in effecting the Services, but with no obligation on the part of the Company, to:
        
        1. pay any duties, taxes, imposts, outlays, costs, or charges in respect of the Goods and/or Services and
        2. allow inspection and/or release of the Goods or any information and/or documents of the Customer, the Goods, the Services or relating thereto as required by government authorities,

        and the Customer shall indemnity the Company in respect of any disbursement, expense, cost, loss, fine or damage reasonably incurred by the Company in doing so and releases the Company from any liability in connection therewith.

    Responsibility for Fees/Charges

    15. 1. The Customer shall pay the Company for all fees rendered and any charges or costs it reasonably incurs in respect of provision of the Services. This includes the payment of fees/charges which the Company is advised or agrees will be paid by a third party which then fails to so pay. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the Customer’s premises, otherwise delivered by the Customer to the Company or Subcontractor or on receipt of the Company’s invoice whichever occurs first. Fees and charges shall be payable in accordance with the term stated in the Company’s invoice or if not stated, will be payable on delivery. All fees and charges are non-refundable.
        2. The Customer agrees that it shall not defer or withhold payment or deduct any amount from the account of the Company by reason of any claim it alleges against the Company.
        3. The Customer agrees to give the Company cash deposit or other security as the Company may deem sufficient to cover estimated general average contribution which shall be adjusted according to the York Antwerp Rules. The Company shall be under no obligation to exercise any lien for general average contribution due to the Customer.
        4. The Customers shall pay the Company late fees as liquidated damages of 16% (min $15) for invoice balances (excl GST) outstanding in excess of 14 days and 22% p.a. (min $30) for invoice balances (excl GST) outstanding of 30 days or more. Provision of Credit by the Company to the Customer may be suspended by the Company at its own discretion if fees and charges invoiced are overdue or otherwise.

    Routes/Procedures/Method

    16. If the Company is instructed by the Customer and agrees to use a particular method or type of Service, the Company shall give due consideration to the method or type designated but shall at all times have the right to choose or vary such method or type of Service or route and procedure adopted in respect of the Service performed. The Customer hereby authorises the Company to substitute alternate carriers or Service providers without notice to the Customer.

    Valuables, Dangerous goods

    17. 1. 1. Except as agreed in writing, the Company will not accept Valuables or Dangerous goods for Services arranged or performed by the Company. Should the Customer nevertheless deliver any such goods to the Company or cause the Company or Subcontractors to handle or deal with any such goods otherwise than as agreed in writing, the Customer (not the Company) shall be liable for any loss, damage or cost thereto or consequent thereon whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify the Company from and against all penalties, taxes, duties, claims, demands, damages, costs and expenses arising in connection therewith.
           2. Any such goods may be destroyed in the sole and absolute discretion of the Company or any other person in whose custody they may be at the relevant time. In the event that the goods are destroyed or otherwise dealt with as aforesaid, the Company shall bear no liability and the Customer shall indemnify the Company from and against all costs and expenses with respect thereto.
        2. The Customer undertakes that any of the goods referred to in (a) above (including their covering, packaging, containers, and other carriage devices) shall be distinctly marked having regard to their nature. The Customer further undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of any Service having regard to their nature and in compliance with all laws and regulations which may be applicable with respect to any Service. The Customer shall indemnify the Company against all claims, losses, damages, or expenses arising in consequence of any breach of this provision.
        3. The Customer’s compliance with (b) above in no way reduces or limits those rights afforded to the Company under (a) of this clause.

    Delivery/Completion

    18. 1. The Company is authorised to deliver the Goods to the consignee or its agent at the address nominated to the Company by either the Customer, the consignor, the consignee or their agents and it is expressly agreed that the Company shall be deemed to have delivered the Goods in accordance with this contract if it or relevant Subcontractor obtains a receipt, signed delivery docket for the Goods, signature on its consignment note or contemporaneous record verifying the identity from any person at that address.
        2. If the nominated place of delivery shall be unattended or if delivery cannot otherwise be affected, the Company in its sole discretion may at its option either deposit the Goods at the nominated place or store the Goods at the risk and expense of the Customer, both of which will be deemed to be delivery of the Goods under this Contract.
        3. Dates and time specified or requested for completion of carriage or any other Service are estimates only and the Company shall not be liable for failure to complete carriage or any other Service on such date(s) or time(s).

    Sale and Disposal of Goods

    19. 1. The Company and its Subcontractors shall be entitled at the cost and expense of the Customer, subject to any compliance with any applicable law, to sell or dispose of:
           
           1. Goods which in the opinion of the Company or Subcontractor cannot be delivered by reason of the Goods being insufficiently or incorrectly addressed or by reason of the Goods not being collected or accepted by the Consignee or for any other reason, and
           2. any Perishable goods which in the opinion of the Company or the Subcontractor appear to be deteriorating, if the Customer fails to adequately instruct the Company with respect thereto or fails to pay any costs and expenses necessary to implement the Customer’s instructions.
           3. Goods considered abandoned pursuant to this agreement.
    20. If the Goods are sold pursuant to Clause (a) above, the Company can use the proceeds of sale to discharge any fees and charges owed by the Customer, including the costs of sale. Any balance of any proceeds remaining following such discharge will be remitted to the Customer.

Regulation Compliance

20. The Customer shall exercise all reasonable care and comply with all applicable laws, Government regulations/directions and industry standards including those relating to the packing, carriage, storage, customs clearance, delivery, inspection, or other Services in respect of the Goods, and shall provide such information and documents as may be necessary to exercise such care and comply with such laws, regulations and standards. The Company shall not be liable to the Customer or any other party for loss or expense due to the Customer’s failure to comply with this provision and the Customer will indemnify the Company for any expense, damage or liability incurred by the Company in so complying.

Law and Jurisdiction

21. 1. Any dispute arising under this Contract shall be governed by the laws of New South Wales and shall be determined exclusively by the courts of New South Wales.
    2. A reference to any law includes a statutory modification, substitution, or re-enactment of it.

Representations

22. Where the Company has notified the Customer or its agent of the application of these terms and conditions to the Services and the Customer instructs the Company to supply the Services or the Customer otherwise accepts these terms and conditions, the Customer agrees that it did not rely on any representation, promise, warranty or condition of the Company or its Subcontractor not expressly made (in writing) part of this contract.

Severance & Waiver

23. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable, such unenforceability shall not affect the application of any other part of such provision or any other provision hereof. Further, should the Company elect not to exercise any of its rights under this contract, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by the Customer.

Inconsistency & Priority

24. 1. To the extent of any inconsistency of enforceable terms or a part thereof herein, these terms will prevail over any other terms issued by the Company or Customer.
    2. The use of the Customer’s own form is no derogation to these terms and conditions.

Trade Practices

25. 1. These terms and conditions of contract do not affect the Customer’s rights pursuant to the ACL if the Customer is a “Consumer” or “Small Business” and this agreement with the Customer is a “Consumer Contract” or “Small Business Contract” – all quoted terms as defined under the ACL. To the extent that any term or a part thereof is rendered inapplicable or void by application of the ACL or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.
    2. If the Customer is a “Consumer” or “Small Business” and this agreement is a “Consumer Contract” or “Small Business Contract” as defined under the ACL, the parties agree that:
       
       1. the prevention of claims and indemnity referred in Clause 5 above as against the Company’s servants, agents, subcontractors and/or vicariously liable persons will not apply;
       2. the time-bars in Clauses 7(h)(i) and (ii) will not apply.
       3. the Company’s right to limit or exclude liability in this Agreement is reasonable and not “unfair” in circumstances where prior to the provision of the Services, the parties agree on the allocation of costs, risks, and liability where:
          
          1. the Company has given the Customer a reasonable opportunity to request that the Company take a higher level of risk and liability at a higher cost;
          2. the Customer chooses and agrees to a lower cost for a lower level of risk and liability level from the Company; and
          3. such practice is not otherwise “unfair” as defined under the ACL.
       4. the Customer’s indemnity referred under Clause 12(a)(i) above will not apply to the extent that the claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost, or other liability incurred by the Company resulted from the negligence, recklessness or wilful act of the Company, its servants, agents or Subcontractors or is otherwise unreasonable or unreasonably incurred.
       5. the exclusion of rights of the Customer in Clause 9(d) will not apply.
       6. Clause 10(e) shall be read down not to include the Customer’s risk.
       7. Clause (c) below will not apply.
    3. Unless written notification to the contrary is given by the Customer to the Company at or prior to entering into this agreement, 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 agreement are so supplied and acquired for the purposes of a business, trade, profession, or occupation carried on or engaged in by the Customer.
    4. If the carriage of Goods involves an ultimate destination or stop in a country other than the country of departure, a Carriage by Air Convention may be applicable and may govern and, in most cases, limit the liability of the Carrier in respect of loss, damage or delay to cargo, unless a higher value is declared in advance by the Customer and a supplementary charge paid if required.

Reasonable Care/Force Majeure

26. Where the Company is unable to carry out any obligation under the contract or any loss or damage is caused to the Goods or otherwise due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) or its exercise of reasonable care, the Company shall be excused and released from such obligations or liability to the extent of such prevention, restriction or interference so caused.

BONDS WARRANTY TERMS & CONDITIONS (WTCs)

By requesting Bonds Transport Group Pty Ltd (“the Company”) provide the warranty it offers in respect of loss or damage to goods defined hereunder, the Customer agrees to these warranty terms and conditions (WTCs) which are supplementary to the trading terms and conditions (TTCs) of the Company. Accordingly, the Customer agrees that it has received and read the TTCs which are deemed incorporated herein (refer to TTCS noted above). To the extent of any inconsistency between the interpretation, meaning or application of these WTCs and the TTCs, the WTCs shall prevail.

Definitions & Interpretation

1. Words and terms used in these WTCs will have the same meanings as defined in the TTCs. The following words and terms used in these WTCs have the following meanings except where the context of application clearly indicates otherwise:
   

   1. “Claim Payment” means the amount, specified hereunder, due by the Customer in respect of each Claim brought by the Customer for loss or damage to the Goods covered by the Warranty arising from each separate incident or occurrence not otherwise excluded by these WTCs.
      (i.) For metropolitan courier services A$100
      (ii.) For RAS air services A$50
      (iii.) For RAS road transport services A$100

   2. “Declared Value” means the value of the Goods declared by the Customer when choosing the Warranty service during the booking process and shown in the booking receipt;
   3. “Depreciation” means the reduction in value of an item over time, calculated at 20% per annum from the date of original purchase;
   4. “Warranty Limit” means the maximum amount the Company will be liable to pay in respect of warranty cover being:
      (i.) For metropolitan courier services A$1,500 per shipment
      (ii.) For RAS A$150 per air satchel.
      (iii.) For RAS A$1,000 per road transport consignment.
   5. “Loss or Damage” means actual physical loss or damage to the Customer’s Goods subject of the Warranty and these WTCs and does not include any other loss or damage of any kind including but not limited to indirect or consequential losses.
   6. “Warranty” means the warranty that the Company agrees to provide in respect of Loss or Damage to the Goods subject and pursuant to these WTCs.
   7. “Warranty Confirmation” means the written confirmation of the particulars relevant to the Warranty provided by the Company and recorded in the booking receipt and these WTCs.
   8. “Warranty Payment” is the amount that the Customer pays to the Company for the Warranty being:
      (i.) For metropolitan courier services $2.00 per shipment.
      (ii.) For RAS air services A$1.50 per air satchel.
      (iii.) For RAS road transport services A$3.75 per road transport consignment.

Warranty not Insurance

2. The parties agree that these WTCs are not provisions which amount to an undertaking or liability in respect of insurance but provisions that warrant that the Company will indemnify the Customer for Loss or Damage even in circumstances where the Company has less or no liability to the Customer at law.

Warranty

3. In consideration of the Warranty Payment, the Claim Payment and subject to these WTCs, the Company warrants to pay the Customer for Loss or Damage that occurs during the performance of the Services by the Company, its employees, or Subcontractors.

The Warranty Cover

4. If the Customer submits a claim for Warranty in respect of Loss or Damage to Goods which are subject to these WTCs, the Company agrees to pay the lesser of:
   
   1. the cost of repair to the Goods; or,
   2. the cost of replacement of like goods to the Goods in the market not exceeding the original price that the Customer paid for the Goods less any reasonable salvage value obtained in respect of the Goods up to and not exceeding the Warranty Limit.

5. If there is no market for like goods, then the cost of replacement referred in Clause 4(b) above shall be the original price the Customer paid for the Goods less Depreciation since the date of their original purchase as best can be determined.

6. If the Customer fails to reasonably salvage the Goods, the parties agree that the Company will deduct a value that reasonably reflects the market value of the Goods following damage.

Warranty Cover Exclusions

7. The following Goods are excluded from Warranty cover:
   
   1. perishable goods including but not limited to meat, seafood, vegetables, fruits, beverages, confectionary, foodstuff, flowers, dry ice, or other temperature-controlled goods;
   2. live goods, including but not limited to living plants, animals, animal products, animal skins, fish, reptiles, or birds;
   3. money (which means anything having the value of money), bullion (of any precious metal), cheques, credit or other card sales vouchers, securities, shares, bonds, deed, bills of exchange, negotiable instruments in bearer form or any documents that represent money, property, or title;
   4. loose precious and semi-precious stones;
   5. human remains (including ashes);
   6. dangerous, illegal, or prohibited items, firearms, air guns, toy guns, ammunition, weapons, weapon parts, explosives, nuclear and radioactive or explosive goods/devices/energy/fuel, hazardous or combustible materials including chemicals and paints;
   7. aerosols and perfumes;
   8. flammable liquids, petrol, lighter fluid, flammable solids, non-safety matches, gases, mace, camping gas, oxidizers, bleach, poisons, pesticides, fertilisers, insecticides, corrosives, mercury;
   9. alcoholic beverages;
   10. cigarettes, e-cigarettes, or tobacco products;
   11. glass objects and items containing glass;
   12. fragile goods such as China, crockery, marble, quartz, Caesar stone and other stone or imitation stone products, pottery, ceramic, porcelain, bathroom vanity units and toilet suites.
   13. framed items containing glass and mirrors whereby the internal and/or external packaging fails to meet the Company’s or carrier’s packaging guidelines;
   14. furs, ivory endangered animal products;
   15. jewellery, all watches, precious metals;
   16. batteries excluding mobile phones, laptops, or tablets;
   17. drugs/narcotics (illegal), pharmaceutical products and psychotropic substances;
   18. Medical samples, diagnostic specimens, blood, urine, bodily fluids, tissue samples;
   19. goods deemed to be illegal to import in the destination country;
   20. personal effects, being privately owned items, which are used/second-hand and usually worn/carried on the person, such as clothing and jewellery; and objects imbued with sentimental significance such as heir and family photo albums;
   21. Industrial diamonds or carbons;
   22. motor vehicles including motor bikes/trikes/quad bikes and any other road/offroad vehicles;
   23. waterborne vessels, jet skis, boats or similar (whether trailed or not);
   24. aircraft, helicopters, missiles, and similar cargo;
   25. items with existing damage or in poor condition;
   26. furniture (indoors/outdoors) including but not limited to tables, chairs, lounge suites, mattresses, flat pack furniture, antiques, pictures and photos frames, prints, paintings, fine art and other works of art;
   27. collectables and/or irreplaceable items;
   28. pornography;
   29. household goods removals.

8. Loss or Damage to the Goods arising from the following risks are excluded from Warranty cover:
   
   1. rust, oxidization, discolouration;
   2. rejection, detention, condemnation, or confiscation of the Goods by any government or their agencies or departments or by any public or local authority;
   3. dismantling, assembly, testing or fabrication of the Goods other than as required during ordinary course of provision of the Services.

9. The Company is not liable to pay Warranty cover when Loss or Damage to the Goods results from:
   
   1. ordinary wear and tear of the Customer’s Goods;
   2. faulty manufacture or inherent defects of the Customer’s Goods;
   3. wars or strikes, actions of government or customs authorities (including rejection or refusal of importation permission for the Goods), nuclear or radioactive contamination;
   4. mould;
   5. insufficiency, deficiency, or unsuitability of packing of the Goods particularly when not packed at or above the standard set by original manufacturers for the type or mode of transit(s) used;
   6. mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown;
   7. loss of data;
   8. goods destroyed by foreign government or customs authorities due to non-compliance with foreign laws/regulation or delay in collection.

10. Transit of the Goods to, from or within the following countries is excluded from Warranty cover:
    
    1. Afghanistan, Algeria, Armenia, Azerbaijan, Bangladesh, Bolivia, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Columbia, Cuba, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Georgian Guinea, Guinea-Bissau, Iran, Iraq, Israel, Ivory Coast, Kenya, Lebanon, Libya, Madagascar, Mali, Mauritania, Moldova, Nagorno-Karabakh, Nepal, Niger, Nigeria, North Korea, Pakistan, Sierra Leone, Somalia, Sudan, Syria, Uganda, Yemen, Zimbabwe.
    2. Countries subject of trade or economic sanctions from UN resolutions, laws or regulations of Australia, European Union, United Kingdom, or United States of America.

Claims Processing

11. Any claim by the Customer for Warranty in respect of damage to Goods must be lodged in writing to the Company within 14 business days of delivery of the Goods or the date Services are completed, whichever date occurs first.
12. Any claim by the Customer for Warranty loss/non-delivery of Goods must be notified in writing to the Company within 14 business days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;
13. In respect of all Warranty claims, the Customer in addition to completing a claim form with particulars regarding the Goods and circumstances of the Loss or Damage must supply all relevant supporting documentation or other evidence and information as may be reasonably required by the Company to assess the claim.
14. The Customer agrees that it will:
    
    1. take all reasonable measures to avoid or minimise the extent of loss or damage to the Goods or any further loss, damage, liability, or expense;
    2. note any relevant details regarding loss or damage on the consignment note, inventory or other document(s) used in the respect of the Service and provide same to the Company;
    3. preserve any damaged or defective items which may be required as evidence for the Company’s assessment;
    4. not authorise the repair or replacement of the lost or damaged Goods without the Company’s express written consent;
    5. not make any settlement, admission of liability, payment, or promise of payment to a third party without written consent of the Company.

15. The Company may reduce the amount paid under the Warranty by the amount equal to the prejudice caused to it as a result of the failure to comply with one or more of the subclauses of the above provision.

16. Only the Customer may claim under the Warranty.

17. A claim for Warranty will not be accepted unless it is made in accordance with Clauses 11, 12 and 13 above. This provision does not apply if the unfair terms provisions of the ACL applies.