Terms & Conditions

These terms and conditions must be read having regard to the provisions of the Trade Practices Act 1974 to the extent that those provisions are applicable to consumers as defined under section 4B of that Act. These terms and conditions do not have the effect of excluding, restricting, or modifying rights under that Act which cannot be excluded, restricted, or modified by agreement.

1. Definitions

• Company means Transfreight Solutions Australia Pty Limited; ABN: 36 144 812 537. Transfreight Solutions Australia Pty Limited hereinafter called TSA.
• Charges means the fee for Services payable pursuant to any agreement between the Company and the Customer, including for the Carriage of Goods.
• Customer means the party entering into the contract for carriage with the Company and, without limitation, includes the sender or receiver of the Goods, any party requesting the Third-Party Provider to provide the Services and any agent, representative or employee of the Customer.
• Goods means the goods in subject of the Services and includes any container, packaging, pallets or handling equipment supplied by or on behalf of the Customer.
• Dangerous Goods means goods of a hazardous, noxious, offensive, volatile, inflammable, or explosive nature, or goods the carriage of which is illegal, prohibited or restricted by any law of the Commonwealth of Australia or any State or Territory therein by reason of the content, packaging, labelling or other feature of the Goods.
• Person includes natural persons, companies, limited partnerships, government or other statutory authorities or instrumentalities, and any other legal entity known at law.
• Quotation means any quote for undertaking the Services provided to the Customer by the Company.
• Services means all of the services undertaken by the Third-Party Provider for the Customer in connection with the Goods as set out in the Quotation or as otherwise agreed between the parties and, without limitation, may include carriage and/or storage of the Goods.
• Third Party means any Person who, pursuant to a contract or arrangement with any other person (but excluding a contract of employment) performs or agrees to perform the Services or any part thereof.
• Platform means the software supplied by the Company to access Services provided by the Third-Party Providers.

2. Exclusion of Common Carrier

• 2.1. TSA is not a common carrier and shall accept no liability as such; all and any business undertaken by the Carrier as nominated by the Customer for each service and all goods provided under this agreement, will be at the provision of the carrier in each service category and hereinafter will be called the “Carrier”. The Carrier’s Terms and Conditions for Carriage only is what they will be deemed responsible for under our customer agreement.
  • 2.1.1. All deliveries and services associated with the deliveries by a nominated Carrier by the customer will be deemed to be transported and subjected to the full terms and conditions of the nominated carrier. The Carrier in their sole and absolute discretion may refuse to deal with any goods without assigning any reason, therefore. All freight and charges are earned by the Carrier as soon as the goods are picked up or accepted for transport or storage.
• 2.2. Any instructions given to the Carrier are in the absolute discretion of the Carrier. To be complied with by the Carrier as agent for the customer, as disclosed principal or by the Carrier as principal contractor by its own servants performing part or all of the relevant services or by the Carrier employing or instructing and/or entrusting the goods to others on such other conditions as they may stipulate to perform part or all of the services. The customer shall be bound by such other conditions and shall release the Carrier from liability and indemnify the Carrier against any claims arising out of their acceptance.
• 2.3. Subject to express instructions in writing given by the customer and by the carrier, the Carrier reserves to itself complete freedom of choice in the means of route and procedure to be followed in the handling and transportation of goods. If in the Carrier’s opinion, it is necessary or desirable in the customer’s interests to depart from any express instructions the Carrier shall be at liberty to do so.
• 2.4. TSA will provide its customers with all terms and conditions of the carrier that the customer nominates to use in each of the categories of service they deem to use as part of TSA’s services. TSA has an obligation to its customers to provide by post, facsimile or nominated email address a copy of each of the carrier’s terms and conditions within 7 days of this agreement. TSA will record the events of sending the required documents and does not require proof of receipt as confirmation the customer has received the documents.

3. Trading Terms and Payment

• 3.1. The Consignor must pay all sums by the due date without deduction or deferment on account of any claim, counterclaim or set-off.
• 3.2. The Consignor must, by the payment terms of the tax invoices issued by TSA, pay all freight and charges, irrespective of whether the goods have been delivered or not and whether the goods are damaged or not.
• 3.3. On accounts overdue to TSA, TSA shall be entitled to interest calculated at 4% above the base rate of TSA’s bank applicable during the periods that such amounts are overdue.
• 3.4. The Consignor will be liable for all costs and expenses (including legal costs on a solicitor and client basis) incurred by TSA in collecting from the Consignor or other party money owed on overdue accounts.
• 3.5. TSA will not refund any payment for freight and charges under any circumstances.
• 3.6. If the goods are at any time re-weighed or re-measured, the Consignor shall pay any proportional additional freight as determined by TSA.
• 3.7. The Consignor shall pay any charge for demurrage at the rate charged to TSA directly or indirectly by any railway or shipping authority or other person.
• 3.8. When TSA is instructed to collect freight, duties, charges, or other expenses from any person other than the Consignor, the Consignor shall remain responsible for the amounts and shall pay these amounts to TSA on demand where these amounts have become due and not paid by such other person.
• 3.9. If on demand, any person fails to pay charges due to TSA in respect of any service rendered by TSA and/or Carrier, TSA will have a general lien over the goods and/or any other cargo or items that are the property of the Consignor, and without notice to the Consignor, may sell all or any part of the goods and/or any other cargo or items that are the property of the Consignor which are in its possession. Out of the money arising from the sale, TSA may retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
• 3.10. Customers entering into transactions of any kind with TSA expressly warrant that they are either the owners or the authorised agents of the owners of any and all goods or property subject matter of the transaction. By entering into the transaction, they accept these conditions for themselves and for all other parties on whose behalf they are acting, and they warrant that they have the authority to do so.
• 3.11. The customer and the senders, owners, and consignees and their agents, if any, shall be jointly and severally liable for any duty, tax, impost, excise, levy, penalty, deposit or outlay of whatsoever nature levied by any Government or the authorities at any port or place in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by TSA in connection therewith and shall indemnify TSA, its servants and agents from all claims by third parties howsoever arising in connection with the goods. When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the customer shall remain responsible for the same if they are not paid by such consignee or other person.
• 3.12. TSA’s charges to the customers including freight shall be deemed fully earned on receipt of the goods by TSA and shall be paid and non-returnable in any event, cargo lost or not lost or a voyage/flight broken up or abandoned. If there shall be a forced interruption or abandonment of a voyage or flight at the port or airport of shipment or elsewhere, any forwarding of the goods or any part thereof shall be at the risk and expense of the customer and the senders, owners, and consignees.
  • 3.12.1. All unpaid charges shall be paid in full and without any offset, counterclaim or deduction, in Australian Dollars.
• 3.13. If any money due to TSA is not paid within one calendar month after notice has been given to the person from whom the money is due that such goods are detained, they may be sold by auction or otherwise at the sole discretion of TSA and at the expense of such person and the proceeds applied in or towards satisfaction of such particular and general lien.

4. General Terms

• 4.1. The customer warrants that all goods have been properly and sufficiently packed and/or prepared for the sufficient delivery of the required goods.
• 4.2. TSA is entitled to retain and be paid by all brokerages, commissions, allowances, and other remunerations retained by or paid to Ship Forwarding Agents (or Freight Forwarders).
• 4.3. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal before acceptance, and revision after acceptance, within the date specified on the quote valid date. If any changes occur in the rates of customs, duty, freight, warehousing, or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without notice.
• 4.4. The customer, and the senders, owners, and consignees of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Carrier for customs consular and other purposes and shall jointly and severally indemnify TSA against all losses, damages, expenses and fines arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence, wilful act or omission.
• 4.5. TSA’s charges including freight have been calculated on the basis of particulars furnished by or on behalf of the customer. TSA or the carrier may at any time open container or any other package or unit in order to reweigh, re-measure or re-value the contents and if the particulars furnished by or on behalf of the customer are incorrect, it is agreed that a sum equal to either five times the difference between the correct freight and the freight charged, or double the correct freight less the freight charged, whichever sum is smaller shall be payable as liquidated damages to TSA.
• 4.6. Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee, may be sold or returned at TSA’s option at any time after the expiration of 21 days from a notice in writing sent to the address which the customer gave to TSA on delivery of the goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the customer. A communication from any agent or correspondent of TSA to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
• 4.7. By entering into any agreement to which these conditions apply, the customer on their own behalf and as agent of the owner, sender and consignee agrees and further offers to limit the liability of all servants, employees and agents of TSA in respect to the goods and subject to the agreement to the extent that each such servant, employee and agent shall be protected by and entitled to the full benefit of all provisions in these conditions excluding or restricting tortious liability of any kind;
  • 4.7.1. The offer herein before referred to shall be accepted by the act of each such servant, employee or agent in performing any function in relation to or affecting the goods in subject of the agreement;
  • 4.7.2. For the purposes of the foregoing provisions of this clause TSA is and shall be deemed to be acting as agent on behalf of and trustee for the benefit of all persons who are or become its servants employees or agents from time to time, and shall to this extent be and be deemed to be parties to the agreement concerned.
• 4.8. In addition to and without prejudice to the foregoing Conditions, the customer undertakes that it shall in any event indemnify TSA against all liabilities suffered or incurred by TSA arising directly or indirectly from or in connection with the customer’s instructions or their implementation or the goods including, containers. In particular, the customer shall indemnify TSA in respect of any liability it may be under to any servant, agent or sub-contractor, or any haulier, carrier, warehouseman, or other person whatsoever at any time involved with the goods arising out of any claim made directly or indirectly against any such party by the customer or by any sender, consignee or owner of the goods or by any person interested in the goods or by any other person whatsoever.
• 4.9. Without prejudice to any other Condition, TSA shall have the right to enforce any liability of the customer under these conditions or to recover any sums to be paid by the customer under these conditions not only against or from the customer but also if TSA thinks fit against or from the sender and/or owners and/or consignees of the goods.
• 4.10. The use of a customer’s own form shall in no way derogate from these conditions the whole of which shall, notwithstanding anything contained in any such form, constitute terms of the agreement so entered into. Any provision in any such form which is contrary to any provision of these Conditions shall to the extent of such inconsistency be inapplicable.
• 4.11. The goods shall be deemed to have been delivered as described unless notice of loss or of damage to the goods indicating the general nature of such loss or damage shall have been given in writing to TSA, Carrier or to its representative at the place of delivery before or at the time of removal of the goods by a representative of the person entitled.
• 4.12. No agent or employee of TSA has TSA’s authority to alter or vary these conditions.
• 4.13. All the rights, immunities, and exemptions from liability in these terms and conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contract or of any of these terms and conditions by TSA or any other person entitled to the benefit of such provisions and irrespective of whether such may constitute a fundamental breach of contract or a breach of a fundamental term.
• 4.14. These conditions shall be governed by and construed in accordance with the laws of the State or Territory in which this contract was made.

5. Insurance

• 5.1. No insurance will be effected – the customer is totally responsible for all insurances on their goods, freight charges, ancillary charges, liability, and delivery. TSA will provide the customer details of at least one insurance broker for the customer to seek advice on insurance of its goods, delivery of, and charges relating to and liability of.
• 5.2. TSA shall not be liable:
  • 5.2.1. For loss of or damage to goods unless such loss or damage occurs whilst the goods are in the actual custody of TSA, unless such loss or damage is due to the wilful neglect or default of TSA;
  • 5.2.2. For any delay in delivery, forwarding or transit or failure to deliver goods, any deterioration, contamination, evaporation or any consequential loss or loss of market however caused;
  • 5.2.3. For failure to follow instructions given to it by or on behalf of the customer whether or not such failure is wilful;
  • 5.2.4. For any damage or expense arising from or in any way connected with marks, numbers, brands, contents, quality or description of any goods;
  • 5.2.5. For loss or damage resulting from fire, water, explosion or theft whether caused by negligence of TSA’s servants or otherwise.
• 5.3. TSA shall not be liable under any circumstances for loss or damage resulting from or attributable to any quotation, statement, representation or information whether oral or in writing howsoever, wheresoever or to whomsoever made or given by or on behalf of TSA or by any servant, employee or agent of TSA as to classify of the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax, or rate appliable to any goods or property whatsoever.
  • 5.3.1. TSA does not accept responsibility or liability in relation to any decision taken or liability incurred on the basis of any such quotation, statement, representation, or information.
• 5.4. Liability of TSA arising out of any one incident whether or not there has been any declaration of value of the goods, for breach of warranty implied into these terms and conditions by the Trade Practices Act 1974 or howsoever arising, is limited to any of the following as determined by TSA: In the event of the Carrier;
  • 5.4.1. The supplying of the services again; or
  • 5.4.2. The payment of the cost of having the services supplied again; or
  • 5.4.3. The lesser of A$200.00 for loss of or damage to any such goods, packages or units or A$2.00 per kilogram of the gross weight for loss of or damage to any such goods, packages or units or A$20.00 per package or unit lost or damaged. For the purposes of this clause the word “package” shall include the contents even if particulars have been provided or incorporated in any document of TSA.

6. Condition of Goods – Dangerous Goods

• 6.1. Except under special arrangements previously made in writing, the Carrier will not accept or deal with any noxious, dangerous, hazardous, or inflammable or explosive goods or any goods likely to cause damage.
  Any person delivering such goods to the Carrier or causing the Carrier to handle or deal with any such goods (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify TSA and Carrier against all penalties, claims, damages, costs, and expenses, arising in connection therewith.
  Such goods may be destroyed or otherwise dealt with at the sole discretion of TSA or Carrier or any other person in whose custody they may be at the relevant time.
  If such goods are accepted under arrangements previously made in writing, they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other goods or property.
  The expression “goods likely to cause damage” includes goods likely to harbour or encourage vermin or other pests and all such goods as fall within the definition of hazardous and dangerous goods in the legislation governing cartage by road or rail in the States and Territories of Australia.
• 6.2. Except under special arrangements previously made in writing, TSA or Carrier will not accept bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants, and TSA or Carrier will not accept any liability whatever for any such goods except under special arrangements previously made in writing.
  Pending forwarding and delivery goods may be warehoused or otherwise held at any place or places at the sole discretion of TSA or Carrier at the customer’s or owner’s risk and expense.
  Privacy Policy Transfreight Solutions Australia Pty Limited (TSA) is committed to protecting your privacy in compliance with the Privacy Act 1988. The main requirements of the Privacy Act are set out in the National Privacy Principles where it determines how an organization such as TSA should collect, use, keep, secure, and disclose personal information.
  This statement sets out TSA’s policy in Australia for handling personal information collected when dealing with its clients and business partners.

Collection and Use:

• TSA generally collects personal information such as individual’s name, address, email address, banking details, personal ID such as passport and driver’s license details, date of birth and gender.
  In most cases TSA collects personal information directly from TSA’s clients, from third parties such as related companies, credit reporting agencies, representatives, or from publicly available sources of information.
• TSA collects and uses personal information for a number of purposes such as:
  • Procurement of inter-modal transportation and logistics services
  • Importation and exportation of goods
  • Customs and ATO declaration for the purpose of import and export goods
  • Account management and billing
  • Internal business operation such as planning, service development, and reporting to related companies
  • Advising clients of our services and any changes from time to time
• Disclosure of personal information:
  TSA, in using personal information for the above purposes, may need to disclose personal information to various organizations and/or parties such as:
  • Australian Taxation Office
  • Australian Customs Services
  • Shipping lines
  • Contracted service providers
  • Business partners
  • Related companies

  TSA may also need to disclose personal information to organizations and/or parties in a foreign country where such disclosure is necessary for the performance of contracted services in the interest of the individual.
  TSA may also disclose information in special cases when TSA in good faith believes that such action is reasonably necessary, for example:

  • To conform to legal requirements or comply with legal process
  • To protect and defend TSA’s rights or property
  • To enforce TSA’s contractual arrangements
  • To act to protect the interest of TSA’s clients
• Personal Information Security:
  TSA exercises great care to protect information you provide. We take all reasonable precautions to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification, or disclosure.
  We have a range of physical and technology policies in place to provide a robust security environment.

We ensure the on-going adequacy of these measures by regularly reviewing them. Our security measures include, but are not limited to: a) restricting access to our computer systems and physical records to authorised persons and preventing users from accessing information they have no need to access. b) requiring employees to use unique passwords to gain access to systems. c) employing firewalls, intrusion detection systems and virus scanning tools to prevent unauthorized persons and viruses from entering our system. d) if you are providing personal information to TSA, TSA requests that you take all necessary steps to ensure that it is accurate, complete, and up to date. e) external sites that are linked to or from TSA’s website are not under our control and you are advised to review their privacy statement.

A copy of the Terms and Conditions above will be provided upon your account approval.