efm Terms & Conditions of Trade

Application and interpretation

  • These Terms & Conditions apply to the engagement of efm Logistics Services Group by you (‘the Consignor’) for the supply of freight management, customs broking and any other services offered by efm Logistics Services Group from time to time.
  • References to ‘consignment note’ in these Terms and Conditions include bills of lading, sea waybills and air waybills as the context requires.

Carriers

Neither efm Logistics Services Group nor the freight carrier nominated for the provision of service is a common carrier and no liability will be accepted as such. efm Logistics Services Group is not the actual carrier of the Consignor’s goods and freight will be forwarded in accordance with these Terms & Conditions and the carrier’s terms and conditions of trade. The method of carriage shall remain at the discretion of efm Logistics Services Group and you authorize efm Logistics Services Group to adopt any method of carriage other than that instructed or agreed if required.

Insurance

Insurance cover is not included in the rates quoted. We recommend insuring your risk against any loss, resulting from any damage, breakage, fire, theft, non-delivery, etc. with your own insurer. Please note that neither the carrier nor efm Logistics Services Group offers any insurance cover on any consignments unless cover is requested in writing and approved by efm Logistics Services Group prior to dispatch and collection of goods by the carrier. efm Logistics Services Group requires written approval from our office, prior to any cover becoming effective. Any such insurance shall be at your expense and will be in accordance with the conditions of insurance of the relevant insurer.

Ownership of goods

You warrant that you are the owner of the goods, the authorised agent for the owner of the goods or are otherwise entitled to possess and part with the possession of the goods. You indemnify efm Logistics Services Group from and against any claims against it associated with a breach of this warranty.

Risk and Liability

  • The Consigner’s goods are dispatched at the Consignor’s own risk.
  • efm Logistics Services Group does not provide any warranty that the goods the subject of the consignment will be delivered by any particular time.
  • efm Logistics Services Group excludes liability and responsibility in tort, for implied warranties and otherwise in so far as may be subject to the provision of the Competition and Consumer Act 2010 (Cth) or similar State Acts, for any loss of and/or damage to or deterioration of goods the subject of the consignment for any reason including but not limited to the neglect or willful conduct of the nominated carrier or third parties.
  • You agree that any liability excluded or limited by a carrier under its terms and conditions of trade shall apply to the same extent to efm Logistics Services Group, provided that the exclusion or limitation of liability is permitted by law.
  • efm Logistics Services Group shall not be liable for any indirect, consequential or special losses suffered.
  • Any liability of efm Logistics Services Group is limited to the re-supply of the services by efm Logistics Services Group or the payment of the reasonable costs of having the services re-supplied.
  • efm Logistics Services Group relies solely on the information provided by the Consignor (or its employees and agents) regarding the goods being consigned when dealing with any carrier, supplier, statutory authority or governmental body, including the Australian Customs and Border Protection Service. The Consignor indemnifies efm Logistics Services Group against:
    • any liability incurred by efm Logistics Services Group as a result of misleading, inaccurate, incomplete or incorrect information supplied by the Consignor (or its employees or agents) to efm Logistics Services Group; or
    • any liability incurred by efm Logistics Services Group under the Customs Act 1901 or any other law, other than liability incurred as a result of The Freight Consultant’s negligence.
  • Any amount payable by the Consignor to efm Logistics Services Group pursuant to the indemnity in this clause may not be offset against any claim the Consignor may have against efm Logistics Services Group.

Consignment notes

It is a requirement when completing a consignment note or entering information into an electronic dispatch platform (whichever is applicable) that all weights, measurements, descriptions, and classifications are clearly and accurately recorded on the consignment note or in the electronic dispatch platform. It is hereby agreed that if weights and measurement are not recorded on the consignment note or in the electronic dispatch platform, then the carrier can determine these, and the carrier’s determination shall be considered as final and binding on the Consignor. No further negotiation will be entered into, and no claims shall be accepted for any alleged incorrect charging. It is incumbent on the Consignor that all items consigned are clearly labeled with the Consignor’s name and address, as well as the Consignee’s full name and address.

Freight charges

Freight charges are quoted on a rate per kilogram basis. Light and/or bulky freight will be subject to their kilogram equivalents by multiplying the volume of the freight in cubic metres by a factor utilized by the nominated carrier (“Volumetric Weight”) or by calculating their kilogram equivalents using such other formula as is utilized by the nominated carrier from time to time. The freight charges shall be determined as the greater of the actual dead weight or the volumetric weight, unless otherwise stated in this quotation. Item rates will be subject to maximum weights and volumes stated in this quotation. Exceeding the weight or size limits on item rates will incur a multiple charge.

Payment

  • The Consignor must pay efm Logistics Services Group all charges invoiced within the period specified on efm Logistics Services Group invoice in Australian dollars.
  • efm Logistics Services Group charges shall be deemed fully earned as soon as the goods are loaded and dispatched and shall be payable and non-refundable in any event.
  • If any amount is outstanding after fourteen (14) days then efm Logistics Services Group may charge interest on the outstanding amount at the rate specified from time to time by the Penalty Interest Rate Act (Vic).
  • If payment is not made by the due date then you agree to pay efm Logistics Services Group any costs (including legal costs), charges or expenses incurred by efm Logistics Services Group in relation to the recovery of outstanding amounts.
  • If payment is not made by the due date then you agree to pay efm Logistics Services Group any costs (including legal costs), charges or expenses incurred by efm Logistics Services Group in relation to the recovery of outstanding amounts.

Lien

efm Logistics Services Group shall have a lien on the goods the subject of the consignment and any documents relating thereto and on any other goods of yours in our possession or control. The lien secures all sums payable to efm Logistics Services Group. In the case of non-payment then efm Logistics Services Group shall have the right to sell such goods by public auction or private treaty for the purpose of recovering the amount owing.

Claims

Any claims against invoices charged must be made within 7 days of invoice receipt. efm Logistics Services Group reserves the right to reject/refuse any claims made after that date. All claims must be supported with a copy of the consignment note in question, and a copy of the applicable invoice, as well as any additional supporting documentation, to verify your claim. Claims are always subject to the respective carrier’s approval.

Dangerous goods

Goods of a dangerous nature must not be shipped unless prior approval in writing is sought from efm Logistics Services Group. You warrant otherwise that goods provided for carriage are not dangerous, inflammable or explosive and that they are not liable to cause damage to any person or property during the course of the carriage. You indemnify efm Logistics Services Group from and against any claims, losses or expenses that it suffers as a result of a breach of this warranty.

Pre-paid products

All Pre-paid products must be ordered through efm Logistics Services Group at least 48 hours before use is required. It is preferable that all orders are made in writing quoting your order number.

Transfer fee

Where the charge to party is not clearly marked on the consignment note, then any resultant transfer of charges may incur a TRANSFER FEE of $10.00 per consignment note recharged.

Proof of delivery

Where a proof of delivery is requested and agreed to be provided and is subsequently shown as delivered in full or a period of 3 months has elapsed since original dispatch, a proof of delivery charge of $10.00 per consignment may be applicable. efm Logistics Services Group is otherwise under no obligation to provide proof of delivery.

Pre-paid freight services

Payment for Pre-paid freight services is payable on delivery of the product. Consignment note services will be billed to you weekly and terms for your organisation will be as stated in the invoice.

Termination

efm Logistics Services Group may terminate these Terms and Conditions by notice in writing if:

  • you breach this agreement and do not rectify the breach within seven (7) days of receiving a written request that it be rectified;
  • an order is made that you be wound up;
  • an administrator, receiver or controller is appointed to you;
  • you otherwise become insolvent.

Rates

Any quotes in respect of rates provided by efm Logistics Services Group constitute confidential information of efm Logistics Services Group and may not be disclosed without its consent. During the period of this agreement and for six months after any services are provided by efm Logistics Services Group the Consignor agrees not to approach, deal with or use any “nominated carriers” for the purposes of such nominated carrier carrying or transporting the Consignor’s goods. For the purposes of this clause, “nominated carriers” means and includes any carriers whom efm Logistics Services Group has engaged to carry or transport the Consignor’s goods in the preceding eighteen (18) month period.

Credit worthiness

For the purposes of assessing credit worthiness for the collection of payments from the Consignor, the Consignor hereby irrevocably authorizes efm Logistics Services Group, its servants and agents to make such enquiries as it in its absolute discretion deems necessary, including, but not limited to making enquiries by obtaining reports (as may be allowed by law) from persons nominated by the Consignor as trade references, the Consignor’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (“Information Sources”). The Consignor agrees and consents to:

  • the Information Sources providing efm Logistics Services Group such information as is requested by efm Logistics Services Group and permitted to be given by law for the aforesaid purposes; and
  • efm Logistics Services Group disclosing the contents of any credit report or personal information to a credit reporting agency for the purposes of the credit agency creating or adding to any credit information file in relation to the Consignor.

Governing law

These Terms & Conditions are governed by the law of the State of Victoria. You submit to the exclusive jurisdiction of the courts of the State of Victoria and courts entitled to hear appeals from these courts.

Rates exclusive of taxes and charges

The rates quoted are exclusive of any government taxes or carrier surcharges or levies that may be imposed or become payable at some future time. GST is not included in the rates quoted and will be applied to each invoice at the current rate of 10%. Fuel surcharges may be applicable at varying percentages.

Variation

The rates quoted are to be held for a period no longer than 12 months from the agreed commencement date of trade. We may otherwise vary any of these Terms & Conditions at any time by giving you thirty (30) days written notice. Your continued use of our services after that date will constitute acceptance of the variation.

Privacy Act

The Applicant, and signatories on behalf of the Applicant in their personal capacity, agree to the terms of the Privacy Statement pursuant to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012) contained in this document.

These Terms & Conditions exclude or limit liability for certain losses or damage that may occur in the carriage of your goods. You are therefore advised to read these conditions carefully, and to take legal advice if deemed necessary. We would advise you to consider purchasing external insurance cover to ensure that your interests where required are fully protected.