PAN Logistics
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Terms
& Conditions
PAN
Logistics Pty Ltd – Terms & Conditions
1.
Definitions
1.1
"PAN Logistics" shall mean PAN
Logistics Pty Ltd T/A panlogistics.com.au
and its successors and assigns or any person
acting on behalf of and with the authority of PAN
Logistics Pty Ltd T/A panlogistics.com.au.
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
PAN Logistics with whom PAN Logistics may arrange for the
carriage or storage of any Goods the subject of the
contract;
(c)
or 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
"Consignee" shall mean the
person to whom the Goods are to be delivered by way of PAN
Logistics's Services.
1.5
"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.
1.6
"Goods" shall mean cargo
together with any container, packaging, or pallet(s) to be
moved from one place to another by way of PAN Logistics's
Services, or for storage by PAN Logistics
1.7
"Services" shall mean all
services supplied by PAN Logistics to the Customer and are
as described on the quotations, invoices, consignment
note, airway bills, manifests, sales order or any other
forms as provided by PAN Logistics to the Customer and
includes any advice or recommendations.
1.8
"Price" shall mean the cost
of the Services as agreed between PAN Logistics and the
Customer subject to clause 4 of this contract.
2.
Acceptance
2.1
Any instructions received
by PAN Logistics 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conditions are irrevocable and can only be rescinded in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 PAN Logistics.
2.3
These terms and conditions
are to be read in conjunction with PAN Logistics's
quotation, consignment note, agreement, airway bills,
manifests, or any other forms as provided by PAN Logistics
to the Customer If there are any inconsistencies between
these documents then the terms and conditions contained in
this document shall prevail.
2.4
The Customer shall give PAN
Logistics not less than fourteen (14) days prior written
notice of any proposed change of ownership of the Customer
or any change in the Customer's name and/or any other
change in the Customer's details (including but not
limited to, changes in the Customer's address, facsimile
number, or business practice). The Customer shall be
liable for any loss incurred by PAN Logistics as a result
of the Customer's failure to comply with this clause.
3.
Price & Payment
3.1
At PAN Logistics's sole
discretion the Price shall be either;
(a)
as indicated on invoices
provided by PAN Logistics to the Customer in respect of
Services supplied; or
(b)
PAN Logistics's quoted
Price (subject to clause 4.2 & 4.3) which shall be
binding upon PAN Logistics provided that the Customer
shall accept in writing PAN Logistics's quotation within
thirty (30) days.
3.2
PAN Logistics may by giving
notice to the Customer increase the Price of the Services
to reflect any increase in the cost to PAN Logistics
beyond the reasonable control of PAN Logistics (including,
without limitation, foreign exchange fluctuations, or
increases in taxes or customs duties or insurance premiums
or warehousing costs).
3.3
The Carrier may charge
freight by weight, measurement or value, and may at any
time re-weigh, or revalue or re-measure or require the
Goods to be re-weighed, or re-valued or re- measured and
charge proportional additional freight accordingly.
3.4
Time for payment for the
Services shall be of the essence and will be stated on the
on the invoice, consignment note, airway bills, manifests
or any other forms. If no time is stated then payment
shall be due thirty (30) days following the date of the
invoice
3.5
At PAN Logistics's sole
discretion;
(a)
payment shall be due on
delivery of the Goods, or
(b)
payment for approved
Customers shall be made by installments in accordance with
PAN Logistics's payment schedule.
3.6
Payment will be made by
cash, or by cheque, or by bank cheque, or by credit card
(plus a surcharge of up to two and one half percent (2.5%)
of the Price), or by direct credit, or by any other method
as agreed to between the Customer and PAN Logistics.
3.7
GST and other taxes and
duties that may be applicable shall be added to the Price
except when they are expressly included in the Price.
4.
PAN Logistics Not Common Carrier
4.1
PAN Logistics 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 PAN Logistics subject only
to these conditions and PAN Logistics reserves the right
to refuse the carriage or transport of articles for any
person, corporation or body, and the carriage or transport
of any class of articles at its discretion.
5.
Customer Packed Containers
5.1
If a container has not been
stowed by or on behalf of PAN Logistics PAN Logistics
shall not be liable for loss of or damage to the Goods
caused by:
(a)
the manner in which the
container has been stowed; or
(b)
the unsuitability of the
Goods for carriage or storage in containers; or
(c)
the unsuitability or
defective condition of the container.
6.
Nomination Of
Sub-Contractor
6.1
The Customer hereby authorises PAN Logistics (if it
should think fit to do so) to arrange with a
Sub-Contractor for the carriage of any Goods that are 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 there upon be
entitled to the full benefit of these terms and conditions
to the same extent as PAN Logistics. In so far as it may
be necessary to ensure that such Sub-Contractor shall be
so entitled PAN Logistics shall be deemed to enter into
this contract for its own benefit and also as agent for
the Sub-Contractor. In so far as it may be necessary to
ensure that such Sub-Contractor shall be so entitled PAN
Logistics shall be deemed to enter into this contract for
its own benefit and also as agent for the Sub-Contractor.
7.
PAN Logistics's Servants or
Agents
7.1
The Customer undertakes that no claim or allegation
shall be made against any servant or agent of PAN
Logistics which attempts to impose upon any of them any
liability whatsoever in connection with the Goods and, if
any such claim or allegation should nevertheless be made,
to indemnify PAN Logistics and any such servant or agent
against all consequences thereof.
8.
Method Of Transport
8.1
If the Customer instructs
PAN Logistics to use a particular method of carriage
whether by road, rail, sea or air PAN Logistics will give
priority to the method designated but if that method
cannot conveniently be adopted by PAN Logistics the
Customer shall be deemed to authorise PAN Logistics 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 PAN Logistics be deemed reasonable or
necessary in the circumstances.
10.
Charges Earned
10.1 PAN Logistics's charges
shall be considered earned in the case of Goods for
carriage as soon as the Goods are loaded and dispatched
from the Customer's premises
11.
Demurrage
11.1 The Customer will be and
shall remain responsible to PAN Logistics for all its
proper charges incurred for any reason. A charge may be
made by PAN Logistics in respect of any delay in excess of
thirty (30) minutes in loading or unloading occurring
other than from the default of PAN Logistics.
11.2
Such permissible delay period shall commence upon
PAN Logistics reporting for loading or unloading. Labour
to load or unload the vehicle shall be the responsibility
and expense of the Customer or Consignee.
12.
Dangerous Goods
12.1 Unless
otherwise agreed in advance in writing with PAN Logistics
the Customer or his authorised agent shall not tender for
carriage or for storage any explosive, inflammable or
otherwise Dangerous Goods. The Customer shall be liable
for and hereby indemnifies PAN Logistics for all loss or
damage whatsoever caused by any Dangerous Goods.
13.
Consignment Note
13.1 It
is agreed that the person delivering any Goods to PAN
Logistics for carriage or forwarding is authorised to sign
the consignment note for the Customer.
14.
Customers Responsibility
14.1 The
Customer expressly warrants to PAN Logistics that the
Customer is either the owner or the authorised agent of
the owner of any Goods or property that is the subject
matter of this contract of cartage and/or storage 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.
15.
Delivery
15.1 PAN
Logistics is authorised to deliver the Goods at the
address given to PAN Logistics by the Customer for that
purpose and it is expressly agreed that PAN Logistics
shall be taken to have delivered the Goods in accordance
with this contract if at that address PAN Logistics
obtains from any person a receipt or a signed delivery
docket for the Goods.
15.2 PAN
Logistics may deliver the Goods by separate installments
(in accordance with the agreed delivery schedule). Each
separate installment shall be invoiced and paid for in
accordance with the provisions in this contract.
15.3 Delivery
of the Goods to a third party nominated by the Customer is
deemed to be delivery for the purposes of this agreement.
15.4 It
is the Customer's sole responsibility to address
adequately each consignment and to provide written
delivery instructions to enable effective delivery.
15.5 The
failure of PAN Logistics to deliver shall not entitle
either party to treat this contract as repudiated.
16.
Loss Or Damage
16.1 Subject
to any statutory provisions imposing liability in respect
of the loss of or damage to the Goods (including but not
limited to chilled, frozen, refrigerated or perishable
Goods)
(a)
PAN Logistics shall not be under any liability for any
damage to, loss, deterioration, mis-delivery, delay in
delivery or non-delivery of the Goods (whether the Goods
are or have been in the possession of PAN Logistics or
not) nor for any instructions, advice, information or
service given or provided to any person, whether in
respect of the Goods or any other thing or matter, nor for
any consequential or indirect loss, loss of market or
consequences of delay; and
(b)
the Customer will indemnify PAN Logistics
against all claims of any kind whatsoever, howsoever
caused or arising brought by any person in connection with
any matter or thing done, said or omitted by PAN Logistics
in connection with the Goods.
17.
Insurance
17.1 The
customer acknowledges that:
(a)
the Goods are carried and stored at the
Customer's sole risk and not at the risk of PAN Logistics;
and
(b)
PAN Logistics is under no obligation to
arrange insurance of the Goods and it remains the
Customer's responsibility to ensure that the Goods are
insured adequately or at all; and
(c)
under no circumstances will PAN Logistics be
under any liability with respect to the arranging of any
such insurance and no claim will be made against PAN
Logistics for failure to arrange or ensure that the Goods
are insured adequately or at all.
18.
The Commonwealth Trade Practices Act 1974 and
Fair Trading Acts
18.1 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.
18.2 Liability
of PAN Logistics 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 PAN Logistics;
(a)
the supplying of the Services again; or
(b)
the payment of the cost of having the
Services supplied again; or
(c)
where the Customer is a consumer as defined
in the Trade Practices Act 1974 then the client shall also
be entitled to a refund.
19.
Default & Consequences Of Default
19.1 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 such interest shall
compound monthly at such a rate after as well as before
any judgment.
19.2 If
the Customer defaults in payment of any invoice when due,
the Customer shall indemnify PAN Logistics from and
against all costs and disbursements incurred by PAN
Logistics in pursuing the debt including legal costs on a
solicitor and own client basis and PAN Logistics's
collection agency costs.
19.3 Without
prejudice to any other remedies PAN Logistics may have, if
at any time the Customer is in breach of any obligation
(including those relating to payment), PAN Logistics may
suspend or terminate the supply of Services to the
Customer and any of its other obligations under the terms
and conditions. PAN Logistics will not be liable to the
Customer for any loss or damage the Customer suffers
because PAN Logistics exercised its rights under this
clause.
19.4 If
any account remains overdue after thirty (30) days then an
amount of the greater of $20.00 or 10.00% of the amount
overdue (up to a maximum of $200) shall be levied for
administration fees which sum shall become immediately due
and payable.
19.5 Without
prejudice to PAN Logistics's other remedies at law PAN
Logistics 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 all amounts owing to PAN Logistics shall, whether or
not due for payment, become immediately payable in the
event that;
(a)
any money payable to PAN Logistics becomes
overdue, or in PAN Logistics'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.
20.
Unpaid PAN Logistics's Rights to Dispose of
Goods
20.1 PAN
Logistics shall have a lien on any Goods (and any
documents relating to those Goods) in the possession or
control of PAN Logistics for all sums payable by the
Customer to PAN Logistics, and PAN Logistics shall have
the right to sell such Goods or cargo by public auction or
private treaty after giving notice to the Customer. PAN
Logistics 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
21.
Security And Charge
21.1 Despite
anything to the contrary contained herein or any other
rights which PAN Logistics 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 Deliver or PAN Logistics'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 PAN Logistics (or
Deliver'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 PAN Logistics elect to proceed in any
manner in accordance with this clause and/or its sub
clauses, the Customer and/or Guarantor shall indemnify PAN
Logistics from and against all PAN Logistics's costs and
disbursements including legal costs on a solicitor and own
client basis.
(c)
the Customer and/or the Guarantor (if any)
agree to irrevocably nominate constitute and appoint PAN
Logistics or Deliver’s nominee as the Customer's and/or
Guarantor's true and lawful attorney to perform all
necessary acts to give effect to the provisions of this
clause 21.1.
22.
Privacy Act 1988
22.1 The
Customer and/or the Guarantor/s agree for PAN Logistics 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 PAN
Logistics.
22.2 The
Customer and/or the Guarantor/s agree that PAN Logistics
may exchange information about the Customer and the
Guarantor/s with those credit providers either named as
trade referees by the Customer or named in a consumer
credit report issued by a credit reporting agency for the
following purposes:
(a)
to assess an application by Customer; and/or
(b)
to notify other credit providers of a default
by the Customer; and/or
(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/or
(d)
to assess the credit worthiness of Customer
and/or Guarantor/s.
22.3 The
Customer consents to PAN Logistics 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 credit information provided
may be used and retained by PAN Logistics for the
following purposes and for other purposes as shall be
agreed between the "Customer and PAN Logistics or required
by law from time to time:
(a)
provision of Services, and/or
(b)
marketing of Services by PAN Logistics, its
agents or distributors in relation to the Services; and/or
(c)
analysing, verifying and/or checking the
Customer's credit, payment and/or status in relation to
provision of Services; and/or
(d)
processing of any payment instructions,
direct debit facilities and/or credit facilities requested
by Customer; and/or
(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 PAN
Logistics 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.
Cancellation
23.1 PAN
Logistics may cancel any contract to which these terms and
conditions apply or cancel delivery of Goods at any time
before the Goods are delivered by giving written notice to
the Customer. On giving such notice PAN Logistics shall
repay to the Customer any sums paid in respect of the
Price. PAN Logistics shall not be liable for any loss or
damage whatever arising from such cancellation.
23.2 In
the event that the Customer cancels delivery of Goods the
Customer shall be liable for any loss incurred by PAN
Logistics (including, but not limited to, any loss of
profits) up to the time of
24.
General
24.1 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.
24.2
These terms and conditions and any contract to which they
apply shall be governed by the laws of Victoria and are
subject to the jurisdiction of the courts of Victoria
24.3 The
Customer shall not be entitled to set off against or
deduct from the Price any sums owed or claimed to be owed
to the Customer by PAN Logistics
24.4 PAN
Logistics reserves the right to review these terms and
conditions at any time. If, following any such review,
there is to be any change to these terms and conditions,
then that change wi1 take effect from the date
on which PAN Logistics notifies the Customer of such
change.
24.5 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.
24.6 The
terms and conditions set out herein shall prevail over the
terms and conditions set out in any document used by the
Customer, the owner or any other person having an interest
in the Goods and purporting to have a contractual effect.
24.7 The
failure by PAN Logistics to enforce any provision of these
terms and conditions shall not be treated as a waiver of
that provision, nor shall it affect PAN Logistics's right
to subsequently enforce that provision.
PAN
Logistics Pty Ltd T/A panlogistics.com.au – Privacy Policy
"PAN Logistics"
shall mean PAN Logistics Pty Ltd T/A panlogistics.com.au
and its successors and assigns or any person acting on
behalf of and with the authority of PAN Logistics Pty Ltd
T/A panlogistics.com.au
PAN
Logistics Privacy Policy
PAN Logistics is committed to providing you
with the best possible customer service experience. PAN
Logistics is bound by the Privacy Act 1988 (Crh), which
sets out a number of principles concerning the privacy of
individuals.
Collection
Of Your Personal Information
There are many aspects of the site, which can
be viewed without providing personal information, however,
for access to future PAN Logistics customer support
features you are required to submit personally
identifiable information. This may include but not limited
to a unique usemame and password, or provide sensitive
information in the recovery of your lost password.
Sharing Of Your Personal Information.
We may occasionally hire other companies to
provide services on our behalf, including but not limited
to handling customer support enquiries, processing
transactions or customer freight shipping. Those companies
will be permitted to obtain only the personal information.
they need to deliver the service. PAN Logistics takes
reasonable steps to ensure that these organisations are
bound by confidentiality and privacy obligations in
relation to the protection of your personal information.
Use
Of Your Personal Information
For each visitor to reach the site, we
expressively collect the following non-personally
identifiable information, including but not limited to
browser type, version and language, operating system,
pages viewed while browsing the Site, page access times
and referring website address. This collected information
is used solely internally for the purpose of gauging
visitor traffic, trends and delivering personalized
content to you while you are at this Site. From time to
time, we may use customer information for new.
unanticipated uses not previously disclosed in our privacy
notice. If our information practices change at some time
in the future we will use for these new purposes only,
data collected from the time of the policy change forward
will adhere to our updated practices.
Changes
To This Privacy Policy
PAN Logistics reserves the right to make
amendments to this Privacy Policy at any time. If you have
objections to the Privacy Policy, you should not access or
use the Site.
Accessing
Your Personal Information
You have a right to access your personal
information, subject to exceptions allowed by law. If you
would like to do so, please let us know. You may be
required to put your request in writing for security
reasons. PAN Logistics reserves the right to charge a fee
for searching for, and providing access to, your
information on a per request basis.
Contacting
Us
PAN Logistics welcomes your comments
regarding this Privacy Policy. If you have any questions
about this Privacy Policy and would like further
information, please contact us by email pan@panlogistics.com.au