These Terms and Conditions apply to all Services provided by Formby Logistics notwithstanding any terms appearing in the documentation provided by or on behalf of you, the person who delivers the Goods to Formby Logistics, or any other person. Such terms provided by or on behalf of you are expressly negated. The Customer is deemed to accept these Conditions upon the Goods being given to, collected by, or made available to Formby Logistics for logistics services by any person.
‘Formby Logistics’ means Andromeda Nominees Pty Ltd CAN: 071 818 061, ABN 16 071 818 061 carrying on business as Formby Logistics and includes its officers, employees, agents, independent contractors and subcontractors.
‘abandoned goods’ means Goods that have not been accepted for Delivery or which have remained in Formby Logistics possession for 60 days after being available for delivery or collection.
‘freight’ means the goods, articles and freight of whatever description specified for a shipment in any services provided by Formby Logistics or any part thereof and without limiting the generality thereof includes the contents of any Containers not belonging to Formby Logistics or its agents.
‘carriage’ means the whole of the Carriage performed or to be performed by Formby Logistics pursuant to this Contract and includes the receipt of the Freight by Formby Logistics and transportation of the same to and the delivery thereof and includes any or all incidental handling which Formby Logistics or its agents may perform at the Owner’s request or may deem expedient to effect in relation to Freight while it is in the possession of Formby Logistics or any such agent. Without limiting the generality thereof “incidental handling” means or include anything done or to be done to or in relation to any Freight including moving it to or from or storing it at any warehouse or other place, loading it to or from any vehicle or other conveyance, packing it or placing it in or onto or unpacking or removing it from any container, trailer, vehicle, packing or inspecting it and any other handling operation of any description whatsoever.
‘chain of responsibility laws’ means any law or regulation in Australia relating to chain of responsibility obligations, including laws and regulations relating to driver fatigue, mass, dimensions, load restraint and dangerous goods and other heavy vehicle national laws.
‘charges’ means the charges claimed by Formby Logistics for the Services as set out in the Invoice delivered to the Customer which will be based on Formby Logistics Rates, unless a specific quote has been given to the Customer, plus all Surcharges. Unless otherwise stated, Formby Logistics Rates, Surcharges and quotes exclude GST.
'Consequential loss' includes loss of revenue, loss of profit, loss of goodwill or credit, loss of business reputation, future reputation loss, loss of use, loss of interest, damage to credit rating, loss or denial of opportunity, or increased overhead costs.
‘conditions’ mean these Terms and Conditions.
‘container’ means any Container, trailer, mobile unit whether under its own power or not, transportable crate, case, vehicle, tray, tank, pallet, flat rack, receptacle, packaging, bolster or any device used to consolidate and carry Freight.
‘contract’ means the whole of the terms and conditions agreed with Formby Logistics for the performance of the Carriage and the Services and the agreement resulting from the acceptance by Formby Logistics of the Goods for transportation or storage and is deemed to include these Conditions, the Consignment Document, the applicable Rate, the Services Agreement, the application for credit by a Customer, information on any Invoice, and any variations agreed to in writing by Formby Logistics and the Customer.
‘customer’ means the Owner of the Goods, the person at whose request or on whose behalf Formby Logistics provides the Services and any person claiming through them or acting on their behalf and anyone enjoying the benefit (whether directly or indirectly) of any part of the Services whether as principal, employee or agent, as the case may be, including any Consignor (sender) and Consignee (receiver) and/or person responsible for paying for the Services or nominated as the payer under the Contract and these Conditions apply to and bind those persons jointly and severally.
‘DG code’ means the Australian Code for the Transport of Dangerous Goods by Road and Rail, as applicable to the Carriage of the Goods. Dangerous Goods means dangerous goods as defined in the DG code and any Goods which are, or which may become, dangerous, explosive, flammable, hazardous, inflammable, noxious, radioactive, volatile or offensive, or which may become harmful to any person, property or the environment whatsoever.
‘delivery’ means delivery of the Goods to or on behalf of the Customer or to a person Formby Logistics reasonably believes to be the Customer or to its premises or the Goods being available for collection by the Customer.
‘receiver’ means any person who takes delivery, or on whose behalf delivery is taken, or is entitled to claim and take delivery, of any Freight from Formby Logistics at the place of delivery.
‘goods’ means the goods, Freight, vehicle of any description or item in relation to which any part of any Services has been or are to be performed and any receptacle, Container, tray, package, packaging, or item in or on which they are contained or with which they are stored or handled.
‘to be Insolvent’ means a person is or becomes or may be presumed insolvent in accordance with the Corporations Act and Regulations, or a controller has been appointed to that person or over all or part of the person’s property.
‘International Maritime Dangerous Goods Code (IMDG)’ means the International Maritime Dangerous Goods Code as applicable to the Carriage of Goods by sea.
‘invoice’ means a tax invoice.
‘owner’ means and includes any person who at the commencement of the Carriage or at any time thereafter up to and including the time when the Freight is delivered or the Carriage otherwise comes to an end, owns or has any interest either proprietary or possessory or any right either Contractual or equitable to or in respect of any Freight and without limiting the generality thereof includes a Consignor, the Consignee and any person who takes delivery or on whose behalf delivery is taken or who is entitled to claim and take delivery of any Freight from Formby Logistics or Formby Logistics agents at the place of delivery.
‘person’ means and include any person or persons, firm, corporation, government or statutory authority or any other body corporate, trust or association, joint venture, or business entity.
‘services’ means the whole of the operations provided by Formby Logistics for the Customer including, without limitation, transportation by sea, road, air or rail and storage facilities and any computer and other systems used by Formby Logistics to provide the Services.
‘services agreement’ means, where applicable, an agreement between Formby Logistics and the Customer, which includes specific provisions relating to the Services.
‘subcontractor’ means any person, and its officers, employees, and agents, who pursuant to any arrangement with Formby Logistics or any other person provides, or agrees to provide, the Services or any part of the Services.
‘surcharges’ means, without limitation, storage charges, hazardous goods, changes in fuel charges and any other costs incurred by Formby Logistics in providing the Services which Formby Logistics pays or may become liable to pay in relation to the Goods or the Services and which were not included in the quote for the Services, were not included in the Rate at the time of provision of the Services or have varied significantly since then.
‘rate’ means Formby Logistics current charges or standard rates at the time of provision of the relevant Services.
2. GENERAL CONDITIONS
2.1 Formby Logistics is not a common carrier and accepts no liability as such. Goods are carried at the risk of the Customer. Formby Logistics reserves the right to agree or to refuse to contract with the Customer at its absolute discretion.
2.2 Where there is an increase in the costs to Formby Logistics of supplying the Services between the time of a quote for the Services and the provision of the Services, the Customer will pay that increase as part of the Charges.
2.3 In the event of and to the extent of any inconsistency between these Conditions and the conditions which are incorporated into any Consignment Document, these Conditions prevail.
2.4 Formby Logistics is not, and will not be deemed to be, a Consignor or Consignee and accepts no liability as such. The Customer authorises Formby Logistics to name the Customer or another person as the Consignor and/or Consignee in any documentation where applicable. For convenience, Formby Logistics may name a Formby Logistics entity as Consignor or Consignee on a consignment note, but that Formby Logistics entity will not be responsible for the Freight or Freight and the Owner and Customer remain severally liable to Formby Logistics for all matters relating to this Contract.
2.5 Provision of the Services is subject to the availability of service space and other factors and transit times may vary from quoted times.
2.6 By providing Formby Logistics with the Freight, the Owner warrants that these terms and conditions are accepted on behalf of the Owner and/or anyone else who has a present or future interest in the Carriage of the Freight irrespective of whether the consignment note has been signed or not.
2.7 Marks, weight, measurement, contents, numbers, value, quality, and conditions of Freight are not verified by Formby Logistics at the point of drop-off, collection, or delivery. The Owner warrants to Formby Logistics that the description of particulars of the Freight and the declaration of weight which Formby Logistics appears on the face of consignment documents are as furnished by the Consignor and are true and correct or estimated, however, do certify the Container or vehicle is not packed in excess of maximum gross weight.
2.8 Formby Logistics accepts no responsibility for the accuracy of any part of any description of, or any declaration in relation to, the Goods on any document to which the Services relate but may amend or include details where they are incorrect or omitted, without liability to Formby Logistics.
2.9 The Consignor, the Consignee and any Receiver shall be severally liable for any extra cost or expense to which Formby Logistics may be put and any loss or damage suffered either directly by or indirectly to Formby Logistics by reason of Formby Logistics or its employees or agents relying upon weight incorrectly specified or any other error by reason of any insufficient incorrect or illegal marking, numbering or addressing of Freight.
2.10 The Customer warrants and agrees that: a. It is either the Owner or the authorised agent of the owner of the Goods and enters into the Contract on its own behalf or as authorised agent of the Owner and it has the authority of all persons owning or interested in the Goods to enter into the Contract. b. The Goods are fit for transportation, whether by sea, road, or rail, in accordance with good service practices, in compliance with Formby Logistics requirements to such practices and are packed to withstand the ordinary risks of the Services having regard to the nature of the Goods. c. If the container is a customer’s own unit, the container is in good repair and has been properly secured. d. It has accurately and fully described the Goods and has provided all necessary instructions and information regarding handling, care, and control of the Goods. e. It has complied with and will comply with the requirements of any applicable law (including DG code and IMDG code where applicable) relating to nature, condition, packaging, handling, labelling, storage and Carriage of the Goods and it will provide all necessary assistance, information, and documentation to enable Formby Logistics and its agents to comply with any of their obligations under such laws. f. It will not tender any Dangerous Goods or Temperature Controlled Goods for the provision of the Services without presenting a full description of the Goods and disclosing their nature, and where relevant, information relating to the care of such Goods (without imposing any liability on Formby Logistics to take such care) and agrees to pay additional charges relating to such Goods if requested by Formby Logistics to take into account their nature. g. It will indemnify Formby Logistics for any expenses, loss, damage, or liabilities incurred by, any claim made against, and any claim for the death of or bodily injury to a person made against, Formby Logistics or others directly or indirectly caused by the Goods, their Carriage or their use or the Customer’s failure to comply with the Contract.
2.11 Formby Logistics may provide the Services by any method which Formby Logistics in its absolute discretion deems fit notwithstanding any instructions of the Customer that the Services to be supplied by another method.
2.12 Formby Logistics shall be entitled to sub-Contract on any terms the whole or part of the Carriage. The Owner undertakes that no claim or allegation shall be made against any employee, agent, independent Contractor or sub-Contractor of Formby Logistics or any employee or agent of any such independent Contractor or Subcontractor or any other person whomsoever by whom the Carriage or any part of the Carriage is performed or undertaken (other than Formby Logistics) which imposes or attempts to impose upon any such person or any vehicle owned by any such person any liability whatsoever including any liability arising from any negligence in connection with the Freight and if any such claim or allegation should nevertheless be made, to indemnify Formby Logistics against all consequences thereof. Without prejudice to the foregoing, every such person referred to in this subparagraph shall have the benefit of every exemption from liability, defence, limitation, condition and liberty herein contained as if such provisions were expressly for their benefit; and in entering into this Contract, Formby Logistics to the extent of these provisions does so not only on its own behalf but also as agent and trustee for such persons each of whom is or shall be deemed to be parties to this Contract.
2.13 Rates and charges on all Freight are determined by the gross weight (where applicable), measurements, or number, or quantity of the Freight. Unless otherwise agreed in writing prior to service delivery all freight and charges must be paid in full before delivery of services can be granted by or on behalf of Formby Logistics. Furthermore unless otherwise agreed in writing prior to service delivery, all such rates and charges and all other monies which may become due to Formby Logistics under or by reason of this Contract may be initially invoiced in accordance with the Formby Logistics charging instructions on a consignment and or document, and the person invoiced will be liable to Formby Logistics for the payment thereof. It is agreed that the Consignor will also be and remain responsible for all such freight charges and monies and shall pay the same to Formby Logistics on demand.
2.14 Formby Logistics reserves the right at its discretion to decline to deliver the Freight until all freight and charges are paid to it or its agents and until the identity of the Consignee is established to the satisfaction of Formby Logistics. Notwithstanding the foregoing, neither Formby Logistics nor any of its employees or agents shall be obliged to refrain from delivering the Freight to a person who does not produce or deliver up a Transport Document or whose identity is not established to the satisfaction of Formby Logistics.
2.15 Formby Logistics reserves the right at any time to substitute one vehicle for another, to abandon, alter or repeat any service either before the commencement thereof or at any time during the course thereof, to dispatch the service before or after the date previously advertised where operationally required.
2.16 Formby Logistics and its agents are at liberty to transport all Freight in the order in which it arrives into Formby Logistics care without reference to the time when the Freight was booked and Formby Logistics and its agents are not bound to carry any of the Freight on any particular day or by any particular vehicle or to carry all of the Freight on the same vehicle.
2.17 All Freight while awaiting transhipment and all Freight immediately after it is unloaded in Formby Logistics custody or not shall be entirely at the risk of the Owners of such Freight and Formby Logistics shall not be responsible for any loss or damage to such Freight whether arising directly or indirectly from the negligence of Formby Logistics or otherwise howsoever. Formby Logistics has the right to carry goods in Containers under conditions it deems safe and secure.
2.18 Formby Logistics shall not be liable in any capacity whatsoever for any non-delivery, misdelivery, and delay or loss of or damage to the goods which are received inside packaging or cartons not package by Formby Logistics, as the physical condition and contents is unknown.
2.19 The Owner undertakes to indemnify Formby Logistics from and against all liability in respect of any Freight received by Formby Logistics in relation to any person having or claiming any interest in the Freight and against any claim for duty, sales tax, or other charges whatsoever in respect of the Freight and expenses incurred in connection with or incidental to any claim in respect of such Freight or for such duty, sales tax, or charges. Further, the Owner shall indemnify Formby Logistics from and against all liability for loss of life and or personal injury to any person whatsoever or loss of or damage to any property whatsoever and howsoever caused or contributed to by the Freight or any inherent vice thereof or caused or contributed to by the storage, Carriage, packing, incidental handling or otherwise dealing with the Freight even though such loss of life, personal injury or damage results from or is contributed to by the negligence of Formby Logistics or otherwise howsoever.
2.20 After any Freight has been unloaded at receiving depot or at the place of delivery at that place Formby Logistics or any of its employees or agents shall be at liberty to leave and abandon it entirely and thereupon the Carriage shall be deemed to be fully completed. If any Freight is not claimed on landing or its delayed owing to quarantine or customs requirements or is warehoused for any reason whatsoever the Freight is to be at the sole risk and expense of the Owners thereof and in any such event, this Contract shall be deemed to be fully completed.
2.21 Formby Logistics may sell, on 28 days’ notice sent to the last known address of any one of the Customers, any Abandoned Goods by public auction or private treaty and retain the sums due to it, in addition to the Charges and costs incurred in detention and sale of such Goods from their proceeds and will pay any surplus to any person who Formby Logistics believes is entitled to it without any liability to account for it.
2.22 Formby Logistics shall have a lien on all Freight and any documents relating thereto for all sums payable to Formby Logistics under this Contract and for general average contributions to whomsoever due and for the cost of recovering the same and for the purpose of enforcing any lien herein contained shall have the right to sell the Freight by public auction or by private treaty without notice to the Owner. The lien and rights granted by this clause will survive delivery of the Freight and nothing in this clause will prevent Formby Logistics from recovering from the Owner the difference in the amount due from them to Formby Logistics and the amount realised by the Formby Logistics exercise of the right given under this clause.
2.23 No agent or employee of Formby Logistics has authority to dispense with, modify or vary in any way any of these terms and conditions and all Contracts for Freight signed by any agent or employee of Formby Logistics shall be subject to all of the terms and conditions contained herein whether or not the same is repeated in such Contracts.
2.24 The Owner warrants that dangerous Freight will not be tendered for Carriage hereunder unless written notice of their nature, name, label, classification, and the method of rendering such Freight innocuous, with the name and address of the Owner, has been previously given to Formby Logistics and the nature of the Freight is distinctly marked on the outside of the Container(s) as required by applicable statutes or regulations. Each such written notice shall bear the certificate required by applicable statutes or regulations to certify that the Freight is properly described, packed, and marked, and in proper condition for transportation according to the regulations prescribed by the competent authority.
2.25 If Freight is stored in any refrigerated unit it remains the responsibility of the Consignor to ensure that the unit is set at the correct temperature, and in good working order.
2.26 The Owner warrants: a. that he is fully authorised to accept these terms and conditions on behalf of all persons having any present or future interest in the Freight; b. except where it has complied fully with clause 2.24, or none of the Freight described on the consignment is a dangerous Freight. The Owner shall indemnify Formby Logistics from and against all liability whatsoever arising directly or indirectly from any breach of any of these warranties. The Freight is accepted by Formby Logistics upon condition that it complies with the requirements of all applicable laws relating to the nature, condition and packaging of the Freight and further Formby Logistics may expend any monies or take such other steps as it may in its sole discretion consider necessary or desirable in order to comply with any such law or any order or requirement of any sea, rail or road transport provider, customs, warehouse or other authority or in order to put the Freight in a condition which Formby Logistics considers desirable for its proper Carriage, storage and the Owner will upon demand refund to Formby Logistics any amounts so expended.
2.27 Where Formby Logistics reasonably believes the total gross mass information provided by or on behalf of the Owner to be inaccurate or incomplete, Formby Logistics may, at its sole discretion and without notice to the Owner, Refuse to arrange loading of the Freight (if the Freight is not yet loaded) without liability to the Owner, or, if the Freight is loaded arrange at the Owners’ risk and expense for the Freight to be unloaded and stored.
2.28 The Owner shall be liable for and shall indemnify Formby Logistics against all costs(including the costs of investigating and defending any claims), expenses, claims, losses, liabilities, legal fees and/or expenses, orders, awards, fines, proceedings and judgements of whatsoever nature howsoever assumed, incurred or suffered as a result of, or in connection with, any delayed, inaccurate or incomplete verified gross mass information provided by or on behalf of the Owner, on which Formby Logistics relies.
2.29 Every exemption, limitation, condition, right, defence and immunity available to Formby Logistics will be available and will extend to protect its officers, employees, agents and Subcontractors and any person who is or may be liable for the acts or omissions of Formby Logistics or a Subcontractor and Formby Logistics holds the benefit of these Conditions for them.
2.30 Any claim for loss of or damage to the Goods or relating to the performance of the Services must be notified in writing to Formby Logistics within 7 days of the delivery date.
2.31 In any event, Formby Logistics will be discharged from all liability whatsoever unless proceedings are brought within six months of the provision of the Services, Delivery, when the Services should have been provided, or when the Goods should have been delivered, whichever is the earliest.
2.32 All rights, immunities, indemnities and limitations of liability in these Conditions will continue to have full force in all circumstances notwithstanding any breach of these Conditions by Formby Logistics or any other person entitled to the benefit of such provisions.
2.33 If, in the opinion of Formby Logistics, the Goods do not meet the requirements of all applicable laws relating to the Goods and the Services or are unsuitable to be handled by Formby Logistics using the equipment and operating procedures normally employed by Formby Logistics in providing the Services, or the Goods (if self-propelled) break down, Formby Logistics in its absolute discretion may: a. Refuse to provide the Services in respect of the Goods or any part of them; or b. Take whatever measures it deems necessary, at the risk and expense of the Customer, to cause the Goods to comply with the requirements of all such laws or to move or handle or make the Goods suitable to be moved or handled by Formby Logistics, and Formby Logistics will have no liability in doing so.
2.34 If, in the opinion of Formby Logistics it is necessary and reasonable to do so, Formby Logistics may open any Goods or documents without incurring any liability to the Customer for any loss occasioned by that.
2.35 The Owner acknowledges that it is subject to the chain of responsibility laws and could be held responsible for breaches of those laws and may be made legally liable. The Owner hereby agrees and undertakes to comply with all chain of responsibility laws and acknowledge its duties, inter alia, to not coerce, induce or encourage a breach of any road transport laws and to take reasonable steps to make sure that the Owner does not pass on to other parties any false or misleading information about the Freight. A breach of these and any duties owned pursuant to the chain of responsibility laws will constitute a breach of these terms and conditions.
2.36 Formby Logistics accepts no liability or responsibility for the insurance of the Freight which remains the sole responsibility of the Owner. Formby Logistics is not liable for any loss or damage including consequential loss for the failure of the Owner to adequately insure the Freight.
2.37 All of the rights, immunities, and limitations of liability in these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of the Contract or any of the conditions hereof by Formby Logistics.
2.38 Each of the provisions contained in these conditions shall be severable and if any of such provisions should be invalid, illegal, or unenforceable the remaining provisions shall nevertheless have full force and effect.
2.39 The Contract is governed by and is to be construed in accordance with the laws of the State of Victoria;
a. Save as otherwise provided no claim under this Contract shall be enforceable against Formby Logistics or its property unless:
- written notice thereof with full particulars of the claim reaches Formby Logistics within 30 days of the date upon which the service terminated or should have terminated; and
- such notice having been given; any action is commenced within one year after such date;
b. In any event, the Owner and any shall be discharged from all liability whatsoever in connection with the Freight or otherwise under this Contract unless an action is commenced within one year after the relevant Carriage or service terminated or should have terminated and any action commenced by the Owner after the expiration of one year shall not be maintainable notwithstanding any provision to the contrary in the laws of any state or country.
c. Notwithstanding any other provision of these terms and conditions, these terms and conditions shall be read subject to any implied terms, conditions or warranties imposed by the Australian Consumer, insofar as such may be compulsorily applicable and insofar as such may prevent either expressly or impliedly the exclusion or modification of any such term, condition, or warranty by Formby Logistics. Subject to (a) above, but notwithstanding any other clause in these terms and conditions, if any liability is found to attach to Formby Logistics, or the Owner, Formby Logistics liability is to be limited to i. Supplying the services again, or ii. The cost of supplying the services again.
2.40 The terms and conditions described herein embody the entire understanding and agreement as to the subject matter of this Contract. All previous negotiations, understandings, representations, warranties, memoranda, or commitments in relation to, or in any way affecting the subject matter of this Contract are merged in and superseded by these terms and conditions and shall be of no force or effect whatsoever. No oral explanation or information provided to an Owner shall: a. affects the meaning or interpretation of this Contract; or b. constitute any collateral agreement warranty or understanding between the Owner and Formby Logistics.
2.41 In addition to any other consideration, the recipient of a Taxable Supply made under or in connection with this Contract (the Owner) must pay to the party making the supply (Formby Logistics) the amount of GST in respect of the supply. This clause does not apply if the consideration specified for the supply is expressly agreed by Formby Logistics in writing to be GST inclusive.
2.42 If the amount paid by the Owner to Formby Logistics in respect to GST (whether because of an Adjustment or otherwise) a. Is more than the GST on the Taxable Supply, then Formby Logistics shall refund the excess to the Owner; b. Is less that the GST on the Taxable Supply, then the Owner shall pay the deficiency to Formby Logistics The amount of a party’s entitlement under this Contract to recovery or compensation for any of its costs, expenses or liabilities is reduced by the Input Tax Credits available in respect of such costs, expenses, or liabilities.
2.43 In this Contract, amounts which are calculated by reference to revenue or profits are calculated on the GST-exclusive component of that revenue or those profits unless expressly provided to the contrary. For the purpose of this clause (2.43) “GST Law” has the same meaning as in A New Tax System (Goods and Service Tax) Act 1999. “Adjustment”, “Adjustment Note”’, “GST”, and “Tax Invoice” have the meanings given to them in the GST Law, and “Taxable Supply” has the meaning given to it in the GST Law, excluding section 84-5 A New Tax System (Goods and Service Tax) Act 1999.
3.1. The Customer acknowledges that the transportation of Goods is inherently risky and agrees that it will take out insurance in relation to loss of or damage to the Goods and any failure to perform the Services. Formby Logistics would not agree to provide the Services without an assurance that the Customer has adequate insurance. Accordingly, the Customer holds the benefit of such insurance for itself and Formby Logistics and Formby Logistics officers, employees, agents, and Subcontractors.
4. ADVICE & INFORMATION
4.1 In giving any quotation, advice, representation or information (all, advice) Formby Logistics relies solely on the particulars provided by the Customer in relation to the Goods and the Services and will not be liable in tort, contract, statute or otherwise howsoever if the advice is incorrect for any reason whatsoever.
5. BREACH AND TERMINATION
5.1 Formby Logistics may suspend its performance of the Services and/or terminate the Contract immediately by written notice to the Customer if the Customer: a) commits a breach of the Contract and, where capable of remedy the Customer fails to remedy the breach within three days after written notice of the breach has been given by Formby Logistics; b) fails to pay any Charges, or c) is or becomes Insolvent.
5.2 The termination of the Contract does not affect any rights of the parties which have accrued before the date of termination.
6. CHARGES & PAYMENT
6.1 The Customers are jointly and severally liable for payment of the Charges plus GST.
6.2 The Charges must be paid in full within the due date set on the Invoice issued by Formby Logistics without discount, deduction, counterclaim or set-off, and regardless of any dispute between Formby Logistics and the Customer. Interest may be payable on any sum which remains due and unpaid after the date for payment and will be charged at the rate of 3% per annum accruing daily and compounded monthly.
6.3 If the Customer breaches this clause, Formby Logistics may, in its absolute discretion, suspend or refuse to provide the Services to the Customer.
6.4 Formby Logistics may charge 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, re-valued or re-measured and charge proportional additional charges accordingly.
6.5 The Charges will be considered earned as soon as the Goods are delivered to or collected by or on behalf of Formby Logistics and under no circumstances will those Charges be refunded unless by mutual agreement between Formby Logistics and the customer in writing.
6.6 Every special instruction to the effect that Charges will be paid by a person other than the Customer will be deemed to include a stipulation that if that person does not pay those Charges on the date set for payment, or if no date is set for payment within 7 days of Delivery or attempted Delivery of the Goods, then the Customer will pay those Charges on demand.
7. FORCE MAJEURE
Formby Logistics will be released from its obligations under the Contract to the extent that performance of the Services is delayed, hindered, or prevented due to any event or circumstance beyond the reasonable control of Formby Logistics and whether foreseeable or not including, without limitation, weather, industrial action, breakdowns, and accidents. Formby Logistics will not be obliged to place the Customer’s interests before Formby Logistics commercial interests.
If any part of the Contract is unenforceable, it is to be treated as removed from the Contract and neither that part nor its severance will affect the enforceability of the remaining parts of the Contract.
The provisions of the Contract are confidential and Formby Logistics and the Customer will not disclose any details of it to any person.
10. CREDIT CHECKS
The Customer authorises and consents to Formby Logistics obtaining credit information about it from, and supplying information to, a credit reporting body or collection agency for commercial credit-related or credit guarantee purposes or for ongoing credit management of the Customer’s account, including collecting payments.
11. PRIVACY COLLECTION STATEMENT