Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Revelation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
Thank you for choosing Hunter Cargo and Customs as your International Freight Logistics provider.
We are a Newcastle owned and operated business, providing International Freight Forwarding & Customs
Brokerage services to the Hunter region and to the world.
Our services include;
 Export Sea and Air
 Import Sea and Air Services
 International Courier
 Customs Clearance including landed costing and tariff consultancy
 Warehousing
 Packaging
 Marine Insurance
 Web based track & trace system
We have an experienced team of freight and customs specialists. We are a part of the W.F.N, a
comprehensive worldwide network of proven International Forwarders whose success is based on
reciprocal trust, integrity and first class communication. Our commitment to you at Hunter Cargo &
Customs is to be the most efficient Customs Broker, Freight Forwarder, and communicator and to be that
in an ethical and trustworthy manner. We look forward to a long & harmonious relationship and once
again thank you for placing your trust in us.
Ashanthi Kruger
General Manager
Hunter Cargo & Customs
Tel: +61 2 4922 0906
Fax: +61 2 4922 0950
Mob: +61 408 205 586
Email: [email protected]
website: www.hccnewcastle.com
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
Staff of Hunter Cargo & Customs
Being owner operated and staffed with personnel who have accumulated over 80 years experience in the
complexities of international transport, our common goal is to bring the world to the Hunter Region.
To assist you are the following personnel:
HCC Management Team:
Craig McGrath :
Managing Director
[email protected]
Ashanthi Kruger :
General Manager
[email protected]
Mike O'Connor: Director /Consultant on all facets of Import/Export regulations including tariff
classification, duty rates, quarantine regulations, G.S.T liability, duty refunds and drawbacks.
Email: [email protected]
Customs Brokers Team:
David Brown:
Customs Manager
Email: [email protected]
Robyn Cubbin
Customs Broker
Email: [email protected]
Julian Ruhunuhewa :
Trainee Customs Broker
Email : [email protected]
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Exports & Import Operations Team:
Jodie-Lee Benjamin:
Import & Export Customer Service
Email : [email protected]
Kathy Wade:
Import Sea & Air Supervisor
Email: [email protected]
Matthew Chisholm:
Export Sea & Air Operations
Email: [email protected]
Lana Astroza :
Import Operations
(Casual)
Email : [email protected]
Accounts Payable and Receivable Team
Jodi Schneider:
Email: [email protected]
Kathleen Grima:
Email: [email protected]
Louisa Boyle : ( Part time Wednesday/Thursdays )
Email: [email protected]
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
Date
Client's Name
Client's Address
Dear Sir/Madam
Terms of provision of freight forwarding and customs brokerage services
You have requested that we perform freight forwarding and/or customs brokerage
services to you. Enclosed for completion and return are the
following documents:
A.
Standard Terms and Trading Conditions ("Trading Conditions");
B.
Authorisation and Acknowledgement of Trading Conditions/Authorisation and
Acknowledgement of Trading Conditions with Quarantine Conditions
("Authority");
C.
Credit Application;
D.
Your company details
E.
Form B320 Direct Debit Request ("Direct Debit Request")
1.
Trading Conditions
Services performed by us are performed according to our Trading Conditions. Please
carefully read the Trading Conditions as they affect your rights and liabilities. By
requesting us to perform the Services and/or signing the enclosed Authority, you
acknowledge acceptance of the Trading Conditions.
2.
Authority
The Authority gives us permission to deal with Government authorities, including the
Australian Customs and Border Protection Service ("Customs') on your behalf. The
Authority enables us to complete documentation required by Customs on your behalf.
In order for us to perform the Services you must complete the Authority.
3.
Credit Application
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
If you request credit terms for the provision of our Services you must complete a Credit
Application. Applications for credit are assessed on a case by case basis and the
decision to extend credit, and the terms of that credit, are entirely at our discretion.
4.
Direct Debit Request
The Direct Debit Request is a Customs form which on completion allows Customs to
direct debit from your nominated account funds to cover the payment of:
(a) customs duty;
(b) GST;
(c) wine equalisation tax;
(d) luxury car tax; and
(e) other charges and fees payable in respect of imported goods.
The terms of the Direct Debit Request are also enclosed.
The amount of customs duty and GST payable on imported goods can be significant
and may exceed your credit limit (if applicable). Generally goods will not be cleared for
home consumption until the relevant amounts of customs duty and GST are paid.
Authorising Customs to direct debit your account for payment of the above mentioned
amounts is likely to result in faster Customs clearance of your imported goods.
To enable our Services to be performed as efficiently as possible we request that you
provide Customs with the completed Direct Debit Request. Please let us know the daily
account limit and the usage period you have nominated.
Please complete and return the enclosed documents to us as soon as possible. Please note
that we cannot undertake the Services for you until the enclosed documents are completed and
returned.
Please contact me if you have any questions.
Yours faithfully
Ashanthi Kruger
General Manager
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
YOUR COMPANY DETAILS:
COMPANY NAME: ………………………………………………………………………………………………………..
POSTAL ADDRESS: ………………………………………………………………………………………………………..
POSTCODE:
……………………………….
ABN: …………………………………………………….
PHONE NO: …………………………………………..
FAX NUMBER: …………………………………..
EMAIL: ……………………………………….@ ……………………………………………
WEBSITE ( IF APPLICABLE): …………………………………………………………..
DELIVERY ADDRESS: …………………………………………………………………….
POSTCODE: …………………………………..
OFFICE HOURS:……………………………………………. DELIVERY ACCEPTANCE TIMES: ………………………
KEY CONTACTS:
NAME
EMAIL ADDRESS
PHONE NO:
……………………………………………..
……………………………………..
……………………..
……………………………………………..
……………………………………..
……………………..
……………………………………………..
……………………………………..
……………………..
SPECIAL DELIVERY INSTRUCTIONS:
………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………….
ADDITIONAL INFORMATION:
………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………..
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
CUSTOMER CREDIT APPLICATION
Application is hereby made by the Customer named below to establish a commercial credit
account with Hunter Cargo & Customs ("Company").
Application by: Individual Company Partnership Sole trader
Customer: __________________________________________________________
Trading as: __________________________________________________________________
Registered business name: ____________________________________________________
ABN: ________________________ ACN: _________________________
Trading Address: _____________________________________________________________
Postal Address: ______________________________________________________________
Registered Office Address: _____________________________________________________
Telephone: _________________________ Fax: ____________________________
Mobile: ____________________________ Email: ___________________________
Nature of Business: ___________________________________________________________
Name of Directors/Partners
Residential Address
Telephone
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Trade References (must be an Authorised Credit Provider)
Name
Telephone
Maximum Credit Sought $ ______________________________________________________
Estimated Monthly Credit Required $ ____________________________________________
Contact Name for Accounts: ____________________________________________________
Telephone: _________________________ Fax: ____________________________
Mobile: ____________________________ Email: ___________________________
ACKNOWLEDGMENT OF TERMS
1. Application
1.1
The Customer is applying for a commercial credit account ("Account").
1.2
The Customer declares that all information provided in this application is true and
correct and that no relevant information in regard to the credit worthiness has been
withheld.
1.3
The Customer agrees to provide current financial information if requested for
assessment of this application.
1.4
The Customer has been provided copies of, has read and agrees to be bound by these
terms and conditions and the Trading Conditions of the Company as amended from
time to time.
1.5
The Customer acknowledges that the Company may amend these terms and conditions
and its Trading Conditions by notice to the Customer. Any such notice will be taken to
have been received by the Customer 2 days after posting by the Company. All services
provided after receipt of that notice will be subject to the amended terms and conditions
and/or Trading Conditions.
2.
Personal Property Securities Act 2009 (Cth)
2.1
For the purposes of this clause 2, the following definitions apply:
(a)
"Goods" has the same meaning as under the Trading Conditions;
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
(b)
"PPSA" means the Personal Property Securities Act 2009 (Cth); and
(c)
"Security Interest" has the same meaning as under the PPS Act.
2.2
The Customer acknowledges that it has granted the Company a Security Interest for the
purposes of the PPSA in respect of the Goods, which is covered by the Trading
Conditions.
3.
Privacy Act 1988 (Cth)
3.1
The Customer acknowledges that it has been informed of the following by the
Company:
3.2
(a)
that personal information about the Customer may be acquired from a credit
reporting agency; and
(b)
that personal information about the Customer may be disclosed by the
Company to a credit reporting agency.
The Customer agrees to the Company:
(a)
receiving from any credit provider, or providing to any credit provider, any
credit information whether by way of report record or otherwise relating to
credit worthiness for the purposes exchange of information, assessing credit
worthiness or notification of default at any time whether now or in the future;
(b)
obtaining from any credit reporting agency a credit report on the Customer for
the purposes of assessing this credit application and the Customer further
consents to The Company obtaining such reports from time to time for the
purpose of assessing credit worthiness during the continuance of credit
provision; and
(c)
obtaining from a business which provides credit information a report or
information in relation to the Customer's commercial credit worthiness or
commercial dealings and using such information for the purposes of this
application for credit.
3.3
The Customer agrees that in the event of default of payment of the Customer's debts,
the Company may disclose all information relating to its account to a collection agency
for the purpose of receiving any or all amounts outstanding.
4.
Payment
4.1
The Customer agrees that services purchased will be paid within 30 days of the
date of an invoice statement.
4.2
The Customer agrees that if the Customer fails to pay on time, in addition to its rights
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
under the Trading Conditions, the Company may:
(a)
charge a dishonour handling fee at the rate advised by the Company from time
to time, where we are unable to obtain payment from your credit card provider
or a cheque payment is dishonoured; and
(b)
recover all collection cost and expenses incurred in collecting overdue
accounts.
Any forbearance by the Company taking any of the actions set out in subclause 4.2
does not constitute a waiver of our right to do so in the future.
4.3
Interest is payable on all overdue accounts from the due date until paid. Interest is to
be calculated in accordance with the National Australia Bank Excess Drawing
Interest Rate as at the invoice date, with such interest to be capitalised monthly.
5.
Acts of Default
If the Customer:
(a)
fails to pay for any services on the due date; or
(b)
otherwise breaches these terms and conditions or the Trading Conditions and
fails to rectify such breach within 7 days notice; or
(c)
commits an act of bankruptcy; or
(d)
allows a trustee in bankruptcy or receiver and manager to be appointed to it or
any of its property; or
(e)
is a company; and
(1)
proceedings are commenced to wind it up or any of its subsidiaries;
(2)
Or
a controller, receiver, administrator, liquidator or similar officer is
appointed to it or in respect of any part of its property;
then the Company reserves the right to terminate the Account.
6.
Recovery Proceedings
6.1
The Company reserves the right to commence recovery proceedings in the event that
invoiced payments are not made in full within the time stipulated within an invoice
statement.
6.2
The Customer acknowledges and agrees that if the Company commences any recovery
action against the Customer, the Customer will be liable for any and all legal costs as
well as any associated costs and expenses incurred by the Company in relation to the
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
recovery of the unpaid invoice on a full indemnity basis.
7.
Guarantee, Undertaking and Indemnity
7.1
If the Customer is a company, the directors and shareholders of that company agree to
enter into any guarantees or securities required by the Company to secure the provision
of the services on credit and to pay for all legal costs, stamp duty or other expenses
incurred in the preparation of, or enforcement of, such guarantees or securities.
7.2
For the purpose of subclause 7.1, the Customer will ensure that its directors and
shareholders will sign any documents required by the Company to evidence and
confirm any guarantees or securities in the form of the Guarantor's Agreement annexed
to these terms and conditions.
8.
Credit Limit
The Customer agrees to accept the credit limit allocated by the Company and that the
Account may be withdrawn or altered at any time without notice.
9.
Cessation of Supply
The provision of services by the Company to the Customer is always conditional upon it
being satisfied of the Customer's ability to pay and comply with these terms and
conditions and the Trading Conditions. If the Company ceases to be so satisfied it may
suspend and/or terminate the supply of services and shall not be liable in any way for
any claim, damage, expense or cost suffered by the Customer.
10.
Termination
If the Credit Application is terminated pursuant to clauses 5 or 8 of these terms and
conditions or pursuant to any other legal right, all amounts provided on credit become
immediately due and payable and treated as an overdue account for the purpose of
these terms and conditions.
11.
Severance
Should any part of these terms and conditions be held to be void or unlawful, these
terms and conditions are to be read and enforced as if the unlawful provisions have
been deleted.
12.
GST
In this Agreement, "GST" refers to goods and services tax under A New Tax System
(Goods and Services Tax) Act 1999 (Cth) ("GST Act") and the terms used have the
meanings as defined in the GST Act. The Company will issue the Customer with a tax
invoice in relation to the supply of services which includes GST in a form which
complies with the GST Act and the regulations made under the GST Act.
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
13.
Inconsistency
Where there is an inconsistency between the terms and conditions of the Trading
Conditions, the Authority, any fee quotation estimate or agreement and these terms and
conditions, the relevant documents shall be construed in the following order of priority:
(a)
this Customer Credit Application;
(b)
the Trading Conditions;
(c)
any authority provided by the Customer in favour of the Company;
(d)
any fee quotation estimate or agreement.
Name: ______________________________
Signed: ______________________________
Individual/company/partnership/sole trader: ______________________________
Date: ______________________________
(Office Use only)
Application received by:
Date:
Credit references checked by:
Date:
Application approved/declined:
Date:
Applicant advised:
Date:
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
AUTHORISATION AND ACKNOWLEDGEMENT OF TRADING CONDITIONS
1.
AUTHORITY FOR PURPOSES OF CUSTOMS ACT 1901
In accordance with section 181 of the Customs Act 1901 (Cth) (“Customs Act”),
I/we……………………………………………………………………………………………………… (“customer”)
hereby authorise Hunter Cargo & Customs, holder of Corporate Brokers Licence No 01743C
(“Company”) its nominees and/or subagents as may be appointed from time to time
to act as *my/our Customs Broker for the purposes of the Customs Act, (as amended from time to time),
at all places in the Commonwealth.
2.
AUTHORITY FOR GST PURPOSES
In addition to the authorisation pursuant to clause 1 of this Authority, the Customer
further authorises the Company to quote our Australian Business Number ABN
(ABN) as may be required by the Australian Taxation Office and A New Tax
System (Goods and Service Tax) Act 1999 and any other related legislation in respect
of:
(a)
imported goods at the time of making the entry for home consumption Import
Entry, Import Declaration or other form of reporting to the Australian Customs
and Border Protection Service (“Customs”); and
(b)
exported goods at the time of making the Export Entry, Export Declaration or
other form of reporting to Customs.
3. AUTHORITY FOR ALL OTHER LEGISLATIVE PURPOSES
Without limiting the generality of the authorisation and appointment pursuant to clauses
1 and 2 of this Authority, the Customer appoints the Company to act on behalf of the
Customer for all purposes contemplated by any Customs Related Law (as that term is
defined in the Customs Act) and for any purpose required to assist with import, export
or transportation of the goods of the Customer.
4. AUTHORITY FOR RELATED PURPOSES
The authorisations and appointments in clauses 1, 2 and 3 of this Authority extend to
authority to the Company to attend to all other actions requested by Customs related to
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
the clearance, carriage and delivery of any goods.
5.
ACCEPTANCE OF TRADING CONDITIONS
5.1
The Customer agrees that all transactions undertaken by the Company, its nominees
and/or its agents on behalf of the Customer are done so subject to the Standard Terms
and Trading Conditions of the Company which are annexed ("Trading Conditions")
and receipt of which is hereby acknowledged.
5.2
The Customer agrees that it accepts to be bound by this Authority and the Trading
Conditions.
5.3
The Authorised Signatory whose name is set out below warrants that it is authorised to
enter into this Authority on behalf of the Customer.
6.
INCONSISTENCY
Where there is an inconsistency between the terms and conditions of the Trading
Conditions, any Customer Credit Application, any fee quotation estimate or agreement
and the terms and conditions of this Authority, the relevant documents shall be
construed in the following order of priority:
(a)
the Trading Conditions;
(b)
this Authority;
(c)
any customer credit application with the Company
(d)
any fee quotation estimate or agreement.
7.
TERM OF AUTHORISATION
The Company and the Customer agree that this Authority will apply from the date of this
Authority until properly terminated by either party in writing.
Dated:
.........................................................................
Authorised Signatory
.........................................................................
Position with Customer
.........................................................................
Full name of Authorised Signatory
.........................................................................
Customer name
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
Hunter Cargo & Customs
International Trade Specialists
“ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF AUSTRALIA
ABN: 46 493 860 326
Unit4/6 Relation Close Tighes Hill NSW 2297
PO Box 104 Carrington NSW 2294
Ph: 61 2 49220900 • Fax: 61 2 49220950
Email: [email protected]
Web Page: www.hccnewcastle.com
AUTHORISATION AND ACKNOWLEDGEMENT OF TRADING CONDITIONS
WITH QUARANTINE CONDITIONS
1.
AUTHORITY FOR PURPOSES OF CUSTOMS ACT 1901
In accordance with section 181 of the Customs Act 1901 (Cth) (“Customs Act”), *I / we
……………………………………………………………………… (“Customer”) hereby authorise
Hunter Cargo & Customs, holder of Customs Brokers Licence number 01743C (“Company”),
its nominees and/or subagents as may be appointed from time to time, to act as *my /
our Customs Broker for the purposes of the Customs Act (as amended from time to
time), and for any purpose as required to meet the treatment standards and
requirements of the Australian Government Department of Agriculture, Fisheries and
Forestry, including the Australian Quarantine Inspection Services ("DAFF") for the
importation or exportation of any commodities, at all places in the Commonwealth.
2.
DAFF TREATMENT STANDARDS AND REQUIREMENTS
2.1
The Customer is aware that DAFF imposes strict quarantine standards on commodities
that are imported into Australia and exported from Australia. The monitoring of
commodities provided by DAFF is necessary in order to protect Australian and foreign
agricultural production, the environment, the consumers and human health.
2.2
The Customer acknowledges that in order to meet quarantine standards for import or
export clearance, DAFF may require the commodities to undergo certain treatments.
These treatments may include heat treatment and the use of chemicals such as methyl
bromide and ethylene oxide (“Treatment”). Please refer to clauses 4.1 and 4.2 for a
more detailed explanation of the Treatment.
2.3
The Customer acknowledges that the Treatment may cause the commodities to be
affected in such a way that the commodities are no longer suitable for their intended
end use.
2.4
The Customer accepts that the Company will liaise with DAFF to determine whether the
commodity is required to undergo Treatment.
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
3.
A PRUDENT OWNER
3.1
The Customer undertakes to be responsible for their own knowledge regarding the
quarantine treatment procedures and processes of DAFF. The Customer
acknowledges that the Customer has a duty to understand the risks involved. The
Customer must access this information for itself and may do so by requesting
information in writing from the Company, an independent fumigator and/or DAFF.
3.2
The Customer undertakes to be responsible for written notice to the intended recipient
of the product, whether it is a wholesaler, manufacturer or retailer, of the Treatment that
will be or was undertaken. The Customer also undertakes to ensure that the notice is
signed by the wholesaler, manufacturer or retailer acknowledging they understand the
Treatment process to be undertaken or that will be undertaken. A copy of this signed
notice must then be forwarded to the Company no later than 30 days after Treatment
has taken place.
4.
INFORMATION AVAILABLE
4.1
The DAFF website www.daff.gov.au provides general information on quarantine
treatments and standards.
4.2
The contact details for DAFF may be found on its web site www.daff.gov.au.
5.
AVOIDING DAMAGE TO THE COMMODITY
5.1
The Company agrees that it will investigate the most suitable Treatment available for
the Customer’s particular commodity.
5.2
The Customer acknowledges that the Company may undertake the investigation of how
the standards and requirements of DAFF will be met with the least detrimental effect on
the Customer’s commodity by any one of the following means:
(a) by seeking advice from an independent fumigator;
(b) by sourcing information from DAFF;
(c) by arranging for a sample of the commodity to undergo a controlled treatment
test; or
(d) by using past experience as a basis for the decision.
5.3
The Company will carry out investigation with diligence. Where the Company’s
investigation concludes that the product may be detrimentally affected by the Treatment
(meaning the commodity is no longer suitable for its intended use) the Company will
advise the Customer of its findings.
5.4
The Customer agrees that in order for the Company to fully investigate the safety and
the effect of a treatment on a particular commodity, the Company must have sufficient
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
time to investigate the matter. The Company may estimate a sufficient time and notify
the Customer of that time period if requested to do so by the Customer.
6.
CUSTOMER’S CONSENT
The Customer acknowledges that an investigation may be required into the need for
Treatment of a particular commodity. The Customer authorises the Company to
conduct an investigation into whether the commodity must receive Treatment. On
completion of the Company’s investigations the Company may decide that a
particular commodity requires Treatment. The Customer must consent to the
Company’s selection of Treatments to be undertaken.
7.
LIABILITY
7.1
The Company does not accept liability for any damage to the Customer’s commodity
arising from a Treatment undertaken in order to meet DAFF quarantine standards and
requirements or as a result of the Company’s recommendation to have an investigation
carried out.
7.2
The Company will not be liable for Treatment of the commodity resulting from an
incomplete investigation or recommendation by the Company to DAFF, where the
Customer did not provide the Company with sufficient time to properly carry out its
investigation with regard to the potential effect of the Treatment on the commodity.
7.3
The Company will not be held liable for any acts acts or omissions that cause the
Customer to suffer loss or any acts of negligence performed by the Company, its
directors, employees, nominee’s and/or subagents performed in the investigation and/or
provision of its services.
7.4
Without limitation to the indemnity set out in the Trading Conditions of the Company
which are annexed to this Authority, the Customer will indemnify the Company in
respect of:
7.5
(a)
any costs incurred in carrying out an investigation or the costs associated
with Treatment of the goods, where those costs were incurred on behalf of
the Customer;
(b)
any penalties, fines, damages, losses, liabilities, legal costs (calculated on
a solicitor client basis) incurred by the Company ("Cost") in performing
services authorised under this Authority, regardless of whether the Cost
was a result of the negligent or wilful act or omission of the Company, its
offices, employees, agents, nominees or sub-contractors; and
(c)
any claims made by sub-contractors or third parties concerning the provision
of the Company’s services in investigating and arranging suitable Treatment
for the commodity.
The Company's liability for any loss or damage resulting directly or indirectly from any
act or omission by the Company, its officers, employees, agents, nominees or subcontractors,
in relation to services performed under this Authority is limited to the full
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
7.6
extent of permitted by the law.
The Customer must have or must take out an insurance policy to cover any damage to
the commodity caused by a Treatment required in order to receive DAFF’s clearance for
the commodity to be imported or exported. The insurance policy must cover the full
value of the commodity.
7.7
There is no need for the Company to suffer or incur any losses, costs, damages,
liabilities, judgments, penalties or expenses before requiring payment from the
Customer.
8.
AUTHORITY FOR GST PURPOSES
In addition to the authorisation pursuant to clause 1 of this Authority, the Customer
further authorises the Company to quote our Australian Business Number ABN
(ABN) as may be required by the Australian Taxation Office and A New Tax
System (Goods and Service Tax) Act 1999 and any other related legislation in respect
of:
(a) imported goods at the time of making any form of reporting to the Australian
Customs and Border Protection Service (“Customs”); and
(b) exported goods at the time of making any form of reporting to Customs.
9.
AUTHORITY FOR ALL OTHER LEGISLATIVE PURPOSES
Without limiting the generality of the authorisation and appointment pursuant to clauses
1 and 8 of this Authority, the Customer appoints the Company to act on behalf of the
Customer for all purposes contemplated by any Customs Related Law (as that term is
defined in the Customs Act) and for any purpose required to assist with import, export
or transportation of the goods of the Customer.
10.
AUTHORITY FOR RELATED PURPOSES
This Authority extends to authorise the Company to attend to all other actions requested
by Customs related to the clearance, carriage and delivery of the goods.
11.
ACCEPTANCE OF TRADING CONDITIONS
11.1
11.2
11.3
The Customer agrees that all transactions undertaken by the Company, its nominees
and/or its agents on behalf of the Customer are done so subject to the Trading
Conditions and receipt of which is hereby acknowledged.
The Customer agrees that it accepts to be bound by this Authority and the Trading
Conditions.
The Authorised Signatory whose name is set out below warrants that it is authorised to
enter into this Authority on behalf of the Customer.
12.
CONSUMER PROVISIONS
12.1
For the purposes of this clause 12, the following definitions apply:
(a)
"Competition and Consumer Act" means the Competition and Consumer
Act 2010 (Cth);
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)
(b)
"Consumer Contract" means a contract between the Company and the
Customer for a supply of services to a Customer that is an individual whose
acquisition of the services is wholly or predominantly for personal, domestic or
household use or consumption;
(c) "Shipping Contract" means:
(1) a contract of marine salvage or towage; or
(2) a charterparty of a ship; or
(3) a contract for the carriage of goods by ship, which includes a
reference to any contract covered by a sea carriage document
within the meaning of the amended Hague Rules referred to in
section 7(1) of the Carriage of Goods by Sea Act 1991 (Cth);
12.2
If this Authority applies to a Consumer Contract between the Company and the
Customer, that is not a Shipping Contract, then notwithstanding subclause 7.3, the
Company will be liable to the Customer where a negligent act of the Company has
caused the Customer to suffer loss.
13.
INCONSISTENCY
Where there is an inconsistency between the terms and conditions of the Trading
Conditions, any Customer Credit Application, any fee quotation estimate or agreement
and the terms and conditions of this Authority, the relevant documents shall be
construed in the following order of priority:
(a)
(b)
(c)
(d)
14.
the Trading Conditions;
this Authority;
any customer credit application; and
any fee quotation estimate or agreement.
TERM OF AUTHORITY
The Company and the Customer agree that this Authority will apply from the date of this
Authority until properly terminated by either party.
Dated:
Position with Customer
.........................................................................
Authorised Signatory
.........................................................................
Customer Name
.........................................................................
Full name of Authorised Signatory
.........................................................................
PLATT TRADING PTY LTD (ACN 053 200 954) AND HUNTER CUSTOMS AGENCY PTY. LTD. (ACN 003 808 062) TRADING AS HUNTER CARGO & CUSTOMS (ABN 46 493 860 326)