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TERMS OF USE
Detailed below are the conditions which We, Omega Logistics Australasia Pty Ltd ("the Company") enter into a contract with “You” the Client. You are not authorized to alter the terms without our approval nor are you able to allocate any of your responsibilities to another individual or entity without our consent. It is in the best interest of the client to understand and accept these terms and conditions before you contract with Omega Logistics.
In this document the terms “conditions”, and “agreement” are used reciprocally.
1. Overview, and Classification
1.01 In this Contract the terminologies “Omega Logistics”, “The Company”, “We”, “Us” or “The Carrier/s” represents Omega Logistics Australasia Pty Ltd ABN 67 114 050 458, and where applicable our Staff Members, Sub-Contracted Staff, Transport Carriers, Transport Providers, Sub-Contractors, Agents and Drivers.
1.02 Whilst this is an Arrangement between You, and Omega Logistics, all contracts you sign with us are subject to terms by Omega Logistics.
1.03 This Contract along with our General Terms, and Conditions of Contract as stated on our client rate schedule afford the only terms on which we source all services to You.
1.04 Omega Logistics is not a Common Carrier, notwithstanding any clause in this Contract, we may at our discretion, and for any cause, at whichever interval, refuse to handle or manoeuvre and/or transport goods for You the Client.
1.05 In this Agreement the expression “You, the Client” refers to you individually or if you are a company or separate entity, then that Company or other body, and in the latter case then you as an official representative of such Company or entity and you warrant that You are able and permitted to act on behalf of that corporation in agreement with the laws and The Commonwealth of Australia and all States and Territories of Australia or if applicable, under International Law. If You hold a contract with Omega Logistics, you are representing to Omega Logistics that you have the legal aptitude to do so and that we can trust upon the depictions you present to Omega Logistics. If you are deposed of that control you must advise us immediately and appoint a person whom has the legal capacity to act on behalf of the company or entity. For all intents or purposes and at all times, you must have the legal capacity to contract with Omega Logistics.
1.06 In this Contract, the term “goods” comprises but is not restricted to any, and all matters or of nature or form we collect or transport in whichever procedure being from You or an alternative party on Your behalf. The term also consists of but is not limited to any packaging, pallets or containers or any other receptacle/s nearby, goods for either trimming, safety or for either purpose.
1.07 In this Contract by the expression “services” we include any, and all services provided to You by Omega Logistics in any volume, including but not limited to those relating as carrier, storer, bailee, customs, shipping and forwarding agent and comprises all administrative, cartage, storage, handling and all related services or tasks pursuant to you.
1.08 In this Contract the term “consignment note” includes any consignment note in bodily form or any file in physical form, and/or stored or created electronically by You, and provided to Omega Logistics that itemises, particulars and then comprises information as provided by You to Omega Logistics in relation to any service or potential service You pursue or intend to seek or are provided with from or by Omega Logistics.
1.09 In this Agreement “subcontractor” contains all companies which are affiliates of Omega Logistics within the meaning of that expression as defined in Section 6 of the NSW Companies Act or its successor, and may include any railways operated by the Commonwealth, any state of Australia and/or any other person or entity (including any private company) with whom We my arrange for the carriage of any consignments, being the subject of this contract, and who is now or at the applicable time, a servant, agent, employee or subcontractor of any person or entity acting in those capacities by a subcontractor of ours and we hold that on trust for them and can impose it.
1.10 In this Contract, “dangerous goods” are specified as such by the Australian Dangerous Goods code or in any appropriate legal Act, Regulation, Law, Standard or Code, and include goods that have the capacity to or in effect injure or harm people, animals, possessions, property or the environment and any surroundings. They consist of (but are not limited to) goods that are or may convert to toxic, acidic, unstable, explosive, combustible, poisonous or radioactive. In addition to these, any employee, subcontractor or authorized representative of Omega Logistics may conclude that goods are dangerous and require labelling and observance to the requirements as requested and mentioned in this contract. Please be advised that Special Requirements exist in this Agreement concerning our service of such goods under an additional title being heading 5 which you must observe.
2. Representations made by the Client to Omega Logistics
2.01 Representations made by the You, the Client, may perhaps be relied upon by Omega Logistics at any period before, during, and after you have come into this Contract. It is Your duty, and responsibility to be honest, trustworthy, meticulous and to be of a genuine virtuous manner to Omega Logistics at all times and we reserve the right to withdraw or alter this Arrangement on the basis of a rational or definite assurance by Omega Logistics, however formed, that You the Client are not functioning with Omega Logistics or its Carriers and Subcontractors in an accurate, honest or honourable nature.
2.02 By engaging in this Contract, You irreversibly agree to Omega Logistics that:
(a) You by yourself own the goods or if they are owned by a third party, You have explicit authorisation to act as their agent or representative, and they approve with consent to our services on the terms provided in this Contract, and in the Consignment Note/s.
(b) You have signed and completed the Rate Agreement, and Consignment Note in a thorough, correct, and readable manner, providing all, and any additional information, and instructions we require to afford the service that you require from Omega Logistics and in the occurrence that you entail additional physical space to record this information pursuant to these undertakings in this section, you instruct Omega Logistics of same prior to our provision of service to you. In some conditions, at our decision we may take verbal instructions in relation thereto but at all times subject to this Agreement and then only with our express consent and authority.
(c) Any third party you engage sending or returning goods has complied with 2.2(b)
(d) That the goods are correctly labelled, packaged and wrapped to endure handling, transportation, and storage appropriate to the circumstances of the service as provided by Omega Logistics. Safe, and satisfactory packaging throughout the entire length of the passage, being that which is also suitable for purpose in relation to our handling and stowage of the goods is Your obligation and you are instructed and cautioned to consider all rationally conceivable conditions that accompany such transportation by the methods and technique that Omega Logistics provides in relation to same.
(e) You have observed all applicable and current laws of those States and the Commonwealth (or international laws) in association with the goods to warrant that they can be legally possessed, moved, transported, warehoused, stored, and then be distributed by Omega Logistics.
(f) You the Client will ensure that the necessary specifics involving all goods itemised on the Consignment Note are precise, legible, and exact in addition to the freight is satisfactorily packaged, labelled, and addressed by either You or any third party performing on Your behalf so as to enable and guarantee effectual delivery by Omega Logistics in pact with this Arrangement.
(g) You enter into this Contract only on the basis of those covers provided and approve the procedures as defined herein or (if legal proceedings are begun by either You or Omega Logistics) as decided by an established, and proficient court of law in a jurisdiction as determined by the above mentioned Provisos.
(h) You will make certain that You will be contactable by Omega Logistics in a swift and appropriate manner with respect to any issue relating to our services prior, throughout, and subsequently after services provided to You by Omega Logistics.2.3 In the occurrence and at our discretion, should We conclude that You have unsuccessfully fulfilled, partially or entirely of those deeds as defined in section (2.2) we reserve those rights as credited to Us in this Contract and You agree to take and accept that Omega Logistics may act in accordance with the privileges as so clarified.
3. Indemnities
Omega Logistics reserves the right and at our discretion to be dependent upon any and all of the following indemnities;
3.01 Subject to law, You will indemnify Omega Logistics completely and unconditionally from whichever, and all loss or damage that You or a third party withstands in association with any transportation, handling, carriage or storage of Your freight by Us and in relation to either services we provide you, be it negligent, wilful or by wilful blunder (this also includes all subcontractors of Omega Logistics as defined in this Contract).
3.02 You will indemnify Omega Logistics for whichever loss or damage initiated to any third party whatsoever, and exclusively (be it corporal or property loss) caused by Your own actions, negligence or oversight in relation to Your appointment of Omega Logistics for the facilities we provide.
3.03 You will indemnify Omega Logistics for any loss or damage You may receive subsequent from any rational postponement by Us, and You accept that in the ordinary sequence of trade, delays in distribution, transportation, and delivery can be instigated by unforseen and uncontainable elements superseding our control including but not limited to road works and road closures, accidents on or near road carriageways, acts of nature including fog, snow, rain, flood, tsunamis and fire, volcanic eruptions, delays in third party terminals including airports, in connection to wharves, railway sidings and freight stations, traffic congestion, public events including protests, parades and sporting matches, with respect to RMS (RTA) observing of heavy transport including weighing, vehicle break downs, laws pertaining to speed limits for vehicles, unanticipated delays with respect to administration, unforeseen staff situations (such as strikes or industrial action or Company Closures) an act of war and/or terrorism, or whichever occurrence including those interrelated to collection and delivery points.
3.04 Intermittently, accidents, mishaps or other situations may arise that may halt or render us incapable to deliver your freight. Should this occur, you agree to indemnify Omega Logistics from any, and all loss as received by You or Your Client in relation to non-delivery that occurs from such situations outside our uninterrupted control and power. In such case, you may have remedies against other parties.
3.05 Should any litigation be inaugurated by You, the Client shall make payment into a law of court a serviceable amount at our or the court’s preference to secure our legal expenses of protecting all legal proceedings passed by You or including You or Us as a combined party.
3.06 All services provided by Omega Logistics and its carriers are provided to you by your choice, and at your individual hazard or risk. We are not accountable for whichever postponement, damage, loss or harm resultant from supply or our insufficiency to supply services and this shall apply to any substantial losses as well as but not limited to loss of revenues. Omega Logistics is not a “Common Carrier”.
4. Objectionable Carriages
4.01 Should the client require Omega Logistics to transport freight/goods which at our decision we regard as non-transportable or unacceptable or which You have underrated for Australian Customs drives, we may contact You to conclude whether You wish to proceed with the transport or return the goods in question to You. In that circumstance, we may perhaps execute an additional charge which You approve to pay, as when required by Us. Furthermore, in the absenteeism of any further Contract between You or Us, in the occurrence that:
a) Omega Logistics is unable, after rational efforts made by Us, to contact You to attain Your additional directives or
b) The Client does not directly consent legal responsibility for the supplementary expenditures as when advised by Omega Logistics. We reserve the right to withdraw or otherwise remove us of those goods, at any period, and in whichever method at our complete and total decision and shall be permitted to acquire from You any and all costs connected with such disposal or dispossession together with those concerning to any authentic or prospective transporting of same to any site and in administration. In such case those charges shall become immediately due and outstanding by You to Omega Logistics as and when we invoice you.
4.02 In the event of your absenteeism or where you observe that You will not be accessible during the duration of this Contract, and our service to You, You must instruct Omega Logistics in advance, and at our request, arrange an appropriate contact person who is sanctioned and has the capability and ambition to instruct Us on Your behalf.
5. Dangerous Goods
5.01 The classification of dangerous goods (DG’S) is located in section 1.10 of this Contract.
Omega Logistics is committed to providing a safe and protected service facility to clients in transporting, supervising, and storing their consignments categorised as Dangerous Goods, and to afford the safety of employees, surrounding community and the environment.
Omega Logistics offers services to clients upon the provision they acknowledge and function to the firm procedures of the Dangerous Goods Legislation. This aim is achieved by certifying all legislation concerning Dangerous Goods is administered to the strictest level and all licences and documents are in compliance for sites and apparatus involved.
All consigned Dangerous Goods will be subject to approval by Omega Logistics. Consignments will be inspected for complete compliance prior to approval of the consignment. Dangerous Goods will be handled by business sections that hold appropriate licences and have been approved by Senior Management. Omega Logistics will not carriage products mentioned in the ADG Code as “Too Dangerous to be transported”.
Upon approval, our qualified contractors involved with the manoeuvring of Dangerous Goods, manage, and organise systematic procedures in advance. On the commencement of proceedings they are provided with documented procedures. They employ industry standard safety equipment to minimalise the hazards accompanying the classified goods.
Dangerous Goods under the classification of the below listed categories will be subjected to approval by Senior Operation Managers. Waste Materials, Class 1 Explosives, Class 7 Radioactive Material, Security Sensitive Dangerous Substances, Class 6 Division 6.2 Infectious Substances.
5.02 It is The Client’s responsibility to advise Omega Logistics on quotation and prior to collection if the goods are hazardous, and provide Us with a precise, and comprehensive account of the goods in the Consignment Note visibly marked as “DANGEROUS GOODS” and assign suitable documents for shipping such items.
5.03 The Client must provide Omega Logistics with the particulars we require in section 5.2 prior to contracting with Us for their shipping to enable our senior managers, drivers, and additional personnel who are qualified, and who are accustomed to handling dangerous goods, the risk hazard they pose to life and property and the procedures obtainable to Us and any and all authorities in the occurrence of an accident or if the freight/goods then escape or transport outside the boundaries of their labelled container be it in passage or in storage or throughout handling.
5.04 Additionally, The Client will correspondingly warrant that Our proposed transport schedules including vehicle type, security, and storage within, and any, and all storage, and handling procedures for the goods are thorough, and at all times legal. The Client will indemnify Omega Logistics completely and unconditionally from any loss or damage either We or You or any third party sustains if that is not the case, including all substantial losses to any party.
5.05 Omega Logistics will not be legally responsible for any damage, harm or loss suffered by You or Us with respect to our transportation, and handling of dangerous goods. You agree to indemnify Us completely, and categorically in relation to all claims arising from any basis together with but not limited to those claims by You, third parties and our employees and subcontractors.
5.06 Based on our professional decree and view, founded on reasonable grounds, should the items indicate a direct or a probable hazard to property or life, Omega Logistics reserves the right to dispose or dispossess ourselves of such unsafe goods immediately and or without notification to You and You The Client will be accountable for repaying our costs in association to thereto and You indemnify Us completely and unconditionally for any loss or damage You or any third party may sustain as a consequence of same. This consist of a situation where the goods have not been packaged correctly and any substances emit, discharge, leak or escape beyond their packaging, including but not limited to any biochemical, biological or chemical spill requiring special cleaning procedures and or those that draw the provisions of Environmental and/or Pollution Acts.
5.07 By agreeing to this Contract You are hereby notified that all goods in our control may be exposed to X-ay, security provisions, and safety assessments by Omega Logistics or our nominated representatives. You must instruct Us in advance if any such X-Ray, security and safety assessments that we may embark on signify a risk or hazard to property or life in advance. You shall be responsible for any arrangements We make in reference to commissioning same as well as any and all supplementary fees accompanying the situation.
5.08 Should you fail to notify Us and we determine that the goods are dangerous and harmful as well-defined within this Contract, this section shall take effect notwithstanding any information of same by You at that time, and you clearly allow Us to act in trust of this section in relation to the mentioned.
5.09 You, The Client, will at all times tolerate all hazards of loss, damage or harm to, or rising in association with dangerous goods that you wish to transport with Omega Logistics, and our Carriers.
6. Trading Terms
6.01 You must pay Omega Logistics as and when contracted for and in the instance that you do not pay as, and when payment falls due as concluded by Us, we may take legal action against you at any time in the suitable legal jurisdictions. Alongside Court action we may seek Bankruptcy or Winding Up proceedings as instructed by our legal advisors.
6.02 Should we proceed to take legal action to recover costs, you may be liable for the debt due, and interest at the relevant legal rate calculated daily including our legal expenditures. Furthermore, we may depend upon the terms of this Contract and that information as itemised in any invoice/ tax statement and/or Consignment Note that we consider suitable.
6.03 Omega Logistics is permitted to maintain and be waged in full of all commissions, grants, and payments paid including those typically paid by or to customs agents, forwarding agents, shipping agents, forwarders, storers, carriers or bailees as decreed by the circumstances.
6.04 In some conditions, where freight is to be charged to the receiving or a third party, a valid account number, and details of the paying party must be specified on the Consignment Note. You are hereby notified that our fees are received and are due upon collection of goods from the Client or from the site as designated by you.
6.05 Upon instructions received to collect goods and we administer the standard phases to collect goods, and we deem that they are; Not at the site you prearranged, not prepared to be collected or You readdress Us to an alternative address or site before, during or after collection, the Client may be accountable to pay Omega Logistics additional charges that we may procure as a consequence of the altered collection points. Supplementary charges may apply in accord with these circumstances.
6.06 Omega Logistics fees are a based upon the specifics and itemised details of the selected service which is administered, whilst the charges remain at our sole discretion, they are approximately costed, and based upon; Operational logistics, bookings, and logistics management as administered by Omega Logistics to facilitate your requests. Distance travelled, The greater actual weight or cubic volume of the goods. Please be advised, for calculation purposes, weights are round up to the nearest whole metric kilogram. Administration and other supplementary fees may also be charged.
6.07 The rates, charges or any other fees contained in this Contract including but not limited to any individually charged customs charges, are exclusive of any Goods, and Services Tax, value added consumption tax or similar tax. Should any tax of the above mentioned be applicable to any of the services provided by Omega Logistics, we may pass this tax onto you and you agree to pay such tax in addition to the charges and/or rates specified in this Agreement.
6.08 Omega Logistics maintains the right to practice all legal methods to safeguard that we are paid, this may include holding or disposal of your goods, and freight, we reserve the right to sell same privately to any party or by public sale at Auction or as deemed by the Company.
6.09 Wherever no precise period has been indicated by you or us in reference to payment of any service we arrange for, all totals are due, and payable to us within 7 (Seven) days from invoice date or delivery as deemed by Omega Logistics. Deferred, overdue, unsettled or part payments by you may attract added fees by us associated to administration fees of same as we conclude. If for any reason the trading terms vary, we reserve the right to renegotiate the rates or to withdraw from this agreement.
6.10 Quotations; Omega Logistics reserves the right to adjust rates and final evaluations before or after acceptance of any quotation to meet either amendments in charges, incorrect data such as dimensions, cubic weight measurements, additional fees, domestic or international zones and destinations, executed instrumentally outside the control of Omega Logistics.
6.11 Should you the client have no established and approved trade account with Omega Logistics, by our request you are required to pre pay for all services upon receiving an invoice from our office. Once funds are received into our account we then proceed with the desired service.
7. Delivery Requisites
7.01 The Client is accountable and must warrant that the receiver or addressee at point of delivery; is advised in advance of our delivery, and expected arrival, is well-appointed, and prepared to accept the consigned goods as delivered by Us, will readily and without opposition, receive the delivery by Omega Logistics.
7.02 If there are no prior arrangements that have been placed between You and Omega Logistics, and we then deliver the consigned freight to a location as scheduled by you, and We deem that; The receiver is not present, suited or accredited to accept the goods or the delivery site is inappropriate to take proprietorship of the goods or admission to site of delivery is unsatisfactory including but not limited to inadequate access, safety trepidations, vehicle/s obstructing the vehicles or drivers passage, lack of or changed conditions of loading dock or building or by oral or printed instructions of official staff allocated to manage and supervise delivery sites or areas. At this point, Omega Logistics reserves the right to implement reasonable procedures as we consider needed to administer the delivery of goods subsequently. In this circumstance we may pursue your directives, parting with the goods at the delivery point, unattended if required, redirecting the freight to the pick up point or in another place, stowage of freight or goods at our facility or that kept by additional person or entity or in particular situations, dispossession or even disposal of goods. Where we leave the goods at the point of delivery, their protection and safety is your concern and obligation and you indemnify us completely and categorically from any robbery, theft or damage of the goods as well as any loss you may undergo as an outcome of our delivery of the goods in this particular situation.
7.03 Omega Logistics will employ all rational determinations to give effect to depictions made by Us in relation to delivery times; we remind you that whichever depictions by us are merely made in estimated measures of time. However in some situations, including but not limited to those in clause 3.3, it may not be likely for Us or our subcontractors to deliver at a specific time slot as expressed to You. Additionally, we reserve the right to alternate or modify estimated collection and delivery times, whichever and whenever at our discretion.
7.04 Should the above mentioned conditions occur in clause 7.2, Omega Logistics reserves the right to charge any supplementary fees as we may reasonably sustain connecting to means, and labors we used in resolving any unanticipated complications at delivery point. Charges may be billed to third parties that You will be accountable for, which at this point are not assessable.
8. Supplementary Legal Requirements
8.01 Omega Logistics reserves the right to modify this Contract at any given time, devoid of notification, and at our discretion. Should you have enquiries with this respect, please contact Omega Logistics or your Account Manager preceding entry to this bond.
8.02 The singular includes the plural and vice versa in this Contract.
8.03 Headings, Captions and Subtitles to Sections in this Contract are encompassed for the benefit of appropriateness, and will not have effect on the clarification of clauses or sections to which they describe.
8.04 Mentions to any decree or legislative requirements contain that law or legal provision as edited, extended, combined or substituted by succeeding legislature, and any guidelines, principles, devices or other subsidiary statute handed under the applicable decree.
8.05 The term “person” means and takes into account a Human Being, Company, Firm or whichever additional legal body whether acting as a representative or not.
8.06 This Contract will bind You or Our private legal representatives, successors and allocates.
8.07 Should a party contain two or more individuals, the rights and responsibilities of such people pursuant to this Contract will adjust for the advantage of, and bind them mutually, and all of them individually.
8.08 Whichever rejection, disappointment or negligence by Omega Logistics not to practice the right or privilege here will not establish nor will it be interpreted as consent or acceptance by Us of any action of object committed by You, nor does it permit nor require Us to disrepute any facility at our decision.
8.09 In any occurrence of any contract or other facility of these Terms being unacceptable, prohibited or illegal or else being unable of implementation, all other clauses, and agreements of this Contract will however overcome, and continue in full force and consequence and be binding and fully enforceable and no agreement or other provision hereof will be interpreted to be reliant upon any contract or provision except so articulated herein and in the occasion that of any such facility being detached pursuant to this article the parties will endeavour and approve upon provisions exchange consequently which are not prohibited and which considerably express the connotation of the disengaged provisions.
8.10 The Client accepts that no force, pledge or incentive has been made by Omega Logistics with regard to your Contract with these Circumstances.
8.11 Should a disagreement arise, the Client is encouraged and welcomed to communicate with us openly to resolve the disagreement by discussing any issues in an informal manner together with negotiation, and or compromise.
8.12 The laws and regulations of the State of New South Wales and the Commonwealth where applicable, apply to this Contract.
8.13 Subject to regulation, Omega Logistics Australasia Pty Ltd may request this Contract as a bar against actions in general.
9. Additional Requirements
9.01 If The Client specifically or impliedly instructs Omega Logistics to use or it is explicitly or impliedly decided that we will utilise a specific technique of transporting, handling or storing of goods or a particular system of carriage whether by air, road, rail or sea, We will provide preference to that system however if it cannot suitably be implemented by Us, You allow Us, to handle, store, carry or have the goods transported or moved by another method or procedures at our complete and utter discretion.
9.02 All consigned goods are at the possible risk of You, and not Omega Logistics, and if specifically approved in writing, We will not be answerable in wrongdoing or contract or otherwise for any damage, loss or corrosion of goods or misdelivery, non-delivery, delay of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage or whatever as well as without limiting the preceding, the neglect or wilful act or avoidance of the carrier or others and this section will apply to all losses or damage or to corrosion of goods or misdelivery or failure to deliver or delay in distribution of goods as above mentioned whether or not the same occurs in the sequence of performance by Us of the agreement or in proceedings which are in the observation of Us or You or in the events which are predictable by You or Us which would source a ultimate breach of agreement or central term hereof.
9.03 The Client approves that all privileges, protection, exceptions from obligation granted to Us by this Contract, will have, and remain to ensure their full power, and consequence in all situations whether or not, the same occurs in the course of performance by Us of the Agreement or are in the observation of You, and or Us or are conceivable by You or Us or would be a cause for a major breach of Agreement or any section mentioned in this Contract.
9.04 The Client allows Omega Logistics to diverge from the typical method or way of transportation of goods when we consider same to be either rational or required by Us in the conditions, and we reserve the right to assist, and service you in such method as we consider proper in the conditions.
9.05 If you are a “consumer” as defined in the Trades Practices Act (Cth), these Terms, and Conditions do not affect your rights under Act. 9.5. In respect of any agreement made in the State of Queensland, these circumstances will be read subject to the Queensland Carriage of Goods by Land (carriers Liability) Act 1967, and excluding where unacceptable to that Act, these conditions shall apply.
9.06 Should the Client require a P.O.D (proof of delivery) or any other documentation, the request must be submitted within 3 months of delivery date, and/or billing. Requests submitted beyond the three-month term will not be admitted.
9.07 The Client must inform Omega Logistics immediately should you wish to lodge a claim, you must inform us within 14 days. Should we not receive a notice in writing from you within 14 days, we will have no legal responsibility to you. Furthermore, should you not commence proceedings in court within 6 weeks after the date of delivery; we will have no liability to you.