Pro Kinetics Standard Trading Terms and Conditions
These terms and conditions govern all services provided by Pro Kinetics (Aust) Pty Ltd (hereinafter referred to as the “Company”) to any party requesting or engaging in services (hereinafter referred to as the “Customer”). By instructing or accepting the services of the Company, the Customer agrees to be bound by the following terms and conditions:
1.Definitions
In these terms and conditions, unless the context requires otherwise:
- “Company” means Pro Kinetics (Aust) Pty Ltd and any of its subsidiaries, affiliates, or agents.
- “Customer” means any person, firm, entity, or corporation at whose request or on whose behalf the Company provides services.
- “Goods” means cargo and articles of every kind for which the Company provides Services, including the contents of containers, packages, pallets, and similar storage units.
- “Services” means the services provided by the Company, including but not limited to freight forwarding, customs brokerage, warehousing, transport, packing, and quarantine services.
- “Dangerous Goods” means goods that are hazardous, flammable, noxious, radioactive, or otherwise dangerous as defined by relevant laws or conventions.
- “Perishable Goods” means goods that are subject to deterioration or spoilage over time, including but not limited to frozen, chilled, or refrigerated goods.\
2.Payment of Fees and Charges
2.1 The Company provides Services based on instructions received from the Customer. All Services are provided on the basis that the Company is acting as a forwarding agent unless explicitly stated otherwise in writing.
2.2 The Company reserves the right, at its sole discretion, to determine the means, route, and procedure for handling, storage, and transport of Goods.
2.3 The Company may engage third parties, including subcontractors, to perform all or part of the Services without prior notification to the Customer. All rights, defenses, and limitations afforded to the Company shall apply to its agents and subcontractors.
3.Insurance
3.1 The Company is not obliged to arrange insurance for the Goods unless expressly requested by the Customer in writing and at the Customer’s expense.
3.2 Any insurance arranged will be subject to the terms and conditions of the insurance policy provided by the insurer. The Company is not responsible for any disputes arising from such insurance.
4.Payment of Fees and Charges
4.1 All fees and charges for the Services rendered by the Company are due and payable upon receipt of invoice, unless otherwise agreed in writing.
4.2 In the event that payment is not made within the stipulated time, the Company reserves the right to charge interest on overdue amounts at the rate prescribed by the Penalty Interest Rates Act (Vic), along with any costs incurred in recovering the outstanding amounts, including legal and debt recovery fees.
4.3 All prices quoted are exclusive of GST unless stated otherwise. The Customer is responsible for payment of all applicable taxes, duties, and government fees.
5.Company Not a Common Carrier
5.1 The Company is not a common carrier and does not assume the obligations or liabilities of a common carrier.
5.2 The Company reserves the right to refuse carriage of any Goods at its sole discretion.
6.Warranties and Indemnities by the Customer
6.1 The Customer warrants that:
- They are either the owner of the Goods or an authorised agent of the owner and that they accept these terms both personally and on behalf of the owner.
- The Goods are properly and securely packed, labelled, and described in compliance with all applicable laws and regulations.
- All relevant documentation, including customs declarations, permits, and certificates, has been provided to the Company for the lawful export and/or import of the Goods.
6.2 The Customer agrees to indemnify the Company against all claims, losses, liabilities, or expenses arising from:
- Inaccurate, incomplete, or misleading information provided to the Company.
- The nature of the Goods, including Dangerous Goods, unless the Company has been notified in advance and has accepted carriage of such Goods in writing.
- Any breaches of applicable laws or regulations related to the transport, storage, or handling of the Goods.
7.Dangerous Goods and Perishable Goods
7.1 The Company will not accept Dangerous Goods for carriage without prior written consent and complete disclosure of the Goods’ nature. The Customer agrees to indemnify the Company for any loss, damage, or expense arising from the failure to declare Dangerous Goods.
7.2 Perishable Goods may be sold or disposed of by the Company if they are not collected or accepted for delivery within the specified time, and the Company shall not be liable for any resulting loss or damage.
8.Delivery and Storage
8.1 Unless agreed in writing, the Company is not liable for any specific delivery schedule or delivery timeframe. The Company will make reasonable efforts to deliver Goods within a reasonable time, subject to circumstances beyond its control.
8.2 If delivery cannot be completed for any reason, the Company may store the Goods at the Customer’s risk and expense. Storage fees and any related charges will be borne by the Customer.
9.Limitation of Liability
9.1 To the maximum extent permitted by law, the Company shall not be liable for any loss, damage, or delay arising out of the performance or non-performance of its Services unless caused by gross negligence or wilful misconduct on the part of the Company.
9.2 In all cases where the Company’s liability has not been excluded, it shall be limited to the lower of:
- The value of the Goods at the time of the incident; or
- AUD $200.
9.3 The Company is not liable for any indirect, consequential, or special losses, including loss of profits, loss of market, or loss of business, regardless of the cause.
10.Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these terms where such delay or failure is caused by an event beyond the Company’s reasonable control, including but not limited to acts of God, war, government actions, strikes, or pandemics. Either party may terminate Services if a Force Majeure event continues for more than 60 days.
11.Personal Property Securities
11.1 The Company retains a general lien over the Goods until all amounts owed by the Customer are paid in full. The Company may retain possession of the Goods until payment is made or may sell the Goods to recover outstanding amounts.
11.2 The Company reserves the right to register its security interests under the Personal Property Securities Act 2009 (Cth) and to take such steps necessary to enforce its rights.
12.Claims and Time Bar
12.1 All claims for loss or damage to Goods must be made in writing within seven days of delivery, or within seven days of the date the Goods should have been delivered.
12.2 The Company shall be discharged from all liability if legal proceedings are not commenced within 12 months from the date of delivery or the date the Goods should have been delivered.
13.Governing Law and Jurisdiction
These terms and conditions are governed by the laws of [Insert Jurisdiction], and any disputes arising from the Services provided by the Company will be subject to the exclusive jurisdiction of the courts of that jurisdiction.