You should first define what “uncollected goods” means first
Uncollected Goods means any Bailed Goods which remain uncollected for a period of 7 days after
the Company issues a Notice to Collect; and
Then put in the clause below:
9.1 The Customer warrants that it has full and unencumbered title to any Bailed Goods.
9.2 In the event that:
(a) The Company gives a Notice to Collect to a Bailor with respect to Bailed Goods and the Bailor fails to
collect those goods within the 7 day period specified in that notice; and
(b) The Company then gives a Notice of Disposal to a Bailor with respect to the same goods and the
Bailor further fails to collect those goods (the “Uncollected Goods”) within the 3 month period
specified in that notice;
(c) All of the Bailor’s right, title and interest in the Uncollected Goods passes to the Company;
(d) The Company may sell, dispose of or otherwise deal with the Uncollected Goods as it sees fit;
(e) Any deposits, advance payments or progress payments made by the Bailor to the Company are
forfeited by the Bailor to the Company;
(f) The Bailor forever releases the Company from any claims, actions, suits or proceedings arising in
connection with the Uncollected Goods.
9.3 The Bailor acknowledges that the Company relies upon the warranty in clause 9.1 in exercising its right to
sell, dispose or otherwise deal with Uncollected Goods under clause 9.2(d). The Bailor indemnifies the
Company for any loss or damage incurred by the Company in connection with the Uncollected Goods,
including any breach of the warranty in clause 9.1.
9.4 In the event of any inconsistency between these terms and conditions and any laws dealing with uncollected
goods, these terms and conditions will prevail to the extent permitted by law.
9.5 The Bailor is liable to the Company, and the Company may charge to the Bailor, the following charges in
relation to any Goods or Uncollected Goods:
(a) A charge of $70 per square metre per month for storing the Uncollected Goods from the date of the
expiration of the 7 day period in the Notice to Collect;
(b) An administration charge of $20.00, or such higher amount as may be reasonable, for each item of
(c) Any expenses of the Company incidental to the sale or such other disposition of the Uncollected Goods
under clause 9.2(d).
9.6 The charges under clause 9.5 are a debt due and payable to the Company.
9.7 Any Goods or Uncollected Goods stored by the Company are at the Bailor’s risk.
1.1 “Company” shall mean Dazmac and its successors and assigns.
1.2 “Sub-Contractor” shall mean and include;
(a) Railways or Airways operated by the Commonwealth or any State or any other country or by any corporation; or
(b) Any other person, firm or Company with whom the Company may arrange for the carriage of any Goods the subject of the contract; or
(c) And any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in clause 1.2(a) and 1.2(b).
1.3 “Customer” shall mean the Customer or any person or persons acting on behalf of and with the authority of the Customer. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
1.4 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.
1.5 “Goods” shall mean cargo together with any container, packaging, or pallet(s) supplied by the Customer to the Company for the purposes of movement from one place to another by way of the Company’s Services (and where the context so permits shall include any supply of Services as hereinafter defined).
1.6 “Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.7 “Price” shall mean the cost of the Services as agreed between the Company and the Customer subject to clause 4 of this contract.
2.1 Any instructions received by the Company from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company.
2.3 None of the Company’s agents, contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements.
2.4 These terms and conditions are to be read in conjunction with the Company’s consignment note, agreement, airway bills, manifests, or any other forms as provided by the Company to the Customer. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
3.1 The Services shall be as described on the invoices, consignment Note, airway bills, manifests, sales order or any other forms as provided by the Company to the Customer.
4. Price And Payment
4.1 At the Company’s sole discretion;
(a) The Price shall be as indicated on invoices provided by the Company to the Customer in respect of Services supplied; or
(b) The Price of the Services shall be the Company’s quoted Price that shall be binding upon the Company provided that the Customer shall accept the Company’s quote within seven (7) days.
4.2 The Company may by giving notice to the Customer increase the Price of the Services to reflect any increase in the cost to the Company beyond the reasonable control of the Company (including, without limitation, foreign exchange fluctuations, or increases in taxes or customs duties or insurance premiums or warehousing costs).
4.3 Time for payment for the Services shall be of the essence and will be stated on the invoice, consignment Note, airway bills, manifests or any other order forms. If no time is stated then payment shall be on delivery of the Goods.
4.4 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Company.
4.5 The Price shall be increased by the amount of any GST and other taxes and duties that may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Company.
5. Customers Responsibility
5.1 The Customer expressly warrants with the Company that the Customer is either the owner or the authorised agent of the owner of any Goods or property the subject matter of this contract of cartage and by entering into this contract the Customer accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Customer is acting
6. Company Not Common Carrier
6.1 The Company is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Company subject only to these conditions and the Company reserves the right to refuse the carriage or transport of articles for any person corporation or Carrier and the carriage or transport of any class of articles at its discretion.
7. Nomination Of Sub-Contractor
7.1 The Customer hereby authorises the Company (if it should think fit to do so) to arrange with a Sub-Contractor for the carriage of any Goods the subject of the contract. Any such arrangement shall be deemed to be ratified by the Customer upon delivery of the said Goods to such Sub-Contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Company. In so far as it may be necessary to ensure that such Sub-Contractor shall be so entitled the Company shall be deemed to enter into this contract for its own benefit and also as agent for the Sub-Contractor.
8. Method Of Transport
8.1 If the Customer instructs the Company to use a particular method of carriage whether by road, rail, sea or air the Company will give priority to the method designated but if that method cannot conveniently be adopted by the Company the Customer shall be deemed to authorise him to carry or have the Goods carried by another method or methods.
9. Route Deviation
9.1 The Customer shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstances.
10.1 The Company is authorised to deliver the Goods at the address given to the Company by the Customer for that purpose and it is expressly agreed that the Company shall be taken to have delivered the Goods in accordance with this contract if at that address the Company obtains from any person a receipt or a signed delivery docket for the Goods.
10.2 The Company may deliver the Goods by separate installments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract.
10.3 Unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by the Company for any loss of or damage to or deterioration of Goods or misdelivery or failure to deliver or delay in delivery of Goods including chilled, frozen refrigerated or perishable Goods either in transit or in storage for any reason whatsoever. The Company is authorised to deliver the Goods at the address given to the Company by the Customer for that purpose and it is expressly agreed that the Company shall be taken to have delivered the Goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the Goods.
10.4 The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
10.5 The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods (or any of them) promptly or at all.
11. Loss or Damage
11.1 The Company shall be under no liability whatsoever unless;
(a) the Customer provides written notice to the Company detailing the alleged damage, and that such written notice shall received by the Company seven (7) days after the delivery of the Goods; or
(b) In the case where the Goods have been lost in transit then the Customer shall be required to provide written notice detailing the alleged loss within fourteen (14) days of the date of dispatch of the Goods.
12. Unpaid Company’s Rights to Dispose of Goods
12.1 The Company shall have a lien on the Goods and any documents relating to the Goods and/or any other Goods or cargo of the Customer in the possession or control of the Company and any documents relating to those other Goods or cargo for all sums payable by the Customer to the Company for that purpose and shall have the right to sell such Goods or cargo by public auction or private treaty without notice to the Customer. The Company shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods or cargo, from the proceeds of sale and shall render any surplus to the entitled person.
13.1 The Company will effect Insurance of goods as the Customer’s agents and at the Customer’s expense if the Customer instructs the Company in writing to do so, and where the Customer does not specify what class of insurance is to be affected the Company may effect that class of insurance which the Company considers to be most appropriate to the goods.
14. Charges Earned
14.1 The Company’s charges shall be considered earned as soon as the Goods are loaded and despatched from the Customer’s premises.
15.1 The Customer will be and remain responsible to the Company for all its proper charges incurred for any reason. A charge may be made by the Company in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of the Company. Such permissible delay period shall commence upon the Company reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Customer or Consignee.
16. Dangerous Goods
16.1 The Customer or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous Goods without presenting a full description of those Goods and in default of so doing shall be liable for all loss and damage cased thereby.
17. Consignment Note
17.1 It is agreed that the person delivering any Goods to the Company for carriage or forwarding is authorised to sign the consignment note for the Customer.
18.1 By entering into any agreement to which these conditions apply, the Customer on his own behalf and as agent of the owner, sender and consignee agrees and further offers to limit the liability of all servants, employees and agents of the Company in respect to the Goods and subject to the agreement to the extent that each such servant, employee and agent shall be protected by and entitled to the full benefit of all provisions in these conditions excluding or restricting tortuous liability of any kind;
(a) The offer hereinbefore referred to shall be accepted by the act of each such servant employee or agent in performing any function in relation to or affecting the Goods the subject of the agreement;
(b) For the purposes of the foregoing provisions of this clause the Company is and shall be deemed to be acting as agent on behalf of the trustee for the benefit of all persons who are or become its servants, employees or agents from time to time and all such persons shall to this extent be and be deemed to be parties to the agreement concerned.
18.2 In addition to and without prejudice to the foregoing Conditions the Customer undertakes that it shall in any event indemnify the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer’s instructions or their implementation or the Goods, and in particular the Customer shall indemnify the Company in respect of any liability it may be under to any servant, agent or subcontractor, or any haulier, Company, warehouseman, or other person whatsoever at any time involved with the Goods arising out of any claim made directly or indirectly against any such party by the Customer or by any sender, consignee or owner of the Goods or by any person interested in the Goods or by any other person whatsoever.
Commonwealth Trade Practices Act 1974 and Fair Trading Acts
19.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
19.2 Liability of the Company arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of
warranty implied into these terms and conditions by the Trade Practices Act 1974 or howsoever arising, is limited to any of the following as determined by the Company.
(a) The supplying of the Services again; or
(b) The payment of the cost of having the Services supplied again; or
(c) The lesser of AUD$200.00 for loss of or damage to any such Goods, packages or units or AUD$2.00 per kilogram or the gross weight for loss of or damage to any such Goods, packages or units or $20.00 per package or unit lost or damaged. For the purpose of this clause the word “package” shall include the contents even if particulars have been provided or incorporated in any document of the Company.
20. Default & Consequences Of Default
20.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
20.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all the Company’s costs and disbursements including on a solicitor and own client basis and in addition all of the Company’s nominees costs of collection.
20.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
20.4 All unpaid charges shall be paid in full and without any offset, counter claim or deduction, in the currency of the place of receipt of the Goods or at the Company’s option, in the currency of the place of delivery at the TT selling rate in affect on the day of payment. If the date determined above falls on a day which banks are closed for business, the rate ruling on the next succeeding business day shall govern.
20.5 In the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due, Or;
(b) 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;
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer,
then without prejudice to the Customer’s other remedies at law;
(i) the Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
21. Security and Charge
21.1 Notwithstanding anything to the contrary contained herein or any other rights which the Company may have howsoever:
(a) Where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) To give effect to the provisions of clause [21.1 (a) and (b)] inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Company and/or the Company’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Company and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Company’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
22. Privacy Act 1988
22.1 The Customer and/or the Guarantor/s agree for the Company to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Company.
22.2 The Customer and/or the Guarantor/s agree that the Company may exchange information about Customer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) To assess an application by Customer;
(b) To notify other credit providers of a default by the Customer;
(c) To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
(d) To assess the credit worthiness of Customer and/or Guarantor/s.
22.2 The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
22.4 The Customer agrees that Personal Data provided may be used and retained by the Company for the following purposes and for other purposes as shall be agreed between the Customer and Company or required by law from time to time:
(a) provision of Services;
(b) marketing of Services by the Company, its agents or distributors in relation to the Goods and Services;
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Services.
22.5 The Company may give, information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
23.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 All Services supplied by the Company are subject to the laws of Victoria and the Company takes no responsibility for changes in the law which affect the Goods supplied.
23.3 The Company shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions.
23.4 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Services.
23.5 The Customer shall not set off against the Price amounts due from the Company.
23.6 The Company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Company notifies the Customer of such change.
23.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Boat & Yacht Shipping Additional Terms & Conditions
All quotations for boats and yachts are valid for 30 days unless otherwise stated
- All government charges are excluded from our quotation such as import GST, import Duty, Quarantine Fees.
- 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 in cleared our bank account 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 prior to the arrival of the vessel into Australia DAZMAC reserves the right to move your boat or yacht to a customs bond or freestore warehouse to avoid excessively high wharf storage fees
- Futile trips – If DAZMAC has arranged transport, cranes or any mobile service on behalf of a customer and cargo can not be picked up or dropped off because of any reason whatsoever DAZMAC is reverses the right to charge upto the full amount of the transport quoted.
Space and Equipment Availability
- All bookings are subject to the shipping lines space and equipment availbility
- Crane fees can be charged if required, for example if the cradle is not safe or build to be forklifted
- DAZMAC accepts NO responsibility for any change in the dimensions. The Shipping lines and Terminals measure the cargo in which our freight rates are based on. If you disagree with any dimensions provided by shipping lines or terminals please contact DAZMAC.
- Remearements can be arranged each shipping line has different policies on this. Some charge for a surveyor other allow this for free while the boat or yacht, others only allows remeasurement prior at the export terminal.
- DAZMAC takes no responsbility for any additional quarantine charges for cleaning, transport, re-inspection or attendance.
- Quarantine regulations and costs vary from state to state, and by commodity.