1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your use of the website at cargoconnect.life and the freight forwarding, customs brokerage, warehousing, and logistics services ("Services") provided by CargoConnect Global Pty Ltd (ABN 47 631 285 109), trading as CargoConnect Global Logistics ("we", "us", "our", "the Company"). By accessing our website, submitting a quote request, or engaging our Services, you ("the Client") agree to be bound by these Terms in their entirety.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with any part of these Terms, you must not use our website or engage our Services.
These Terms are to be read in conjunction with any specific service agreement, credit application, or written quotation provided by us. In the event of any inconsistency between these Terms and a specific written agreement signed by both parties, the specific agreement prevails to the extent of the inconsistency.
2. Services Description
CargoConnect Global Logistics operates as an international freight forwarder and licensed customs broker. Our Services include, but are not limited to:
- Arrangement of international and domestic air freight, ocean freight (FCL and LCL), and road/rail transport.
- Customs brokerage and clearance services, including the preparation and lodgement of import and export declarations with the Australian Border Force and foreign customs authorities.
- Warehousing, distribution, and inventory management at our facilities and through our network of approved third-party providers.
- Cargo insurance arrangement through our appointed insurance brokers.
- Supply chain consulting, trade compliance advisory, and specialist logistics for oversized, hazardous, and temperature-controlled cargo.
We act as your agent in arranging the carriage of goods and related services. Unless expressly agreed otherwise in writing, we do not act as a common carrier and do not assume the obligations of a carrier. We engage carriers, warehouse operators, and other service providers as your agent, and the terms and conditions of those third-party providers (including their limitations of liability) apply to the relevant portion of the service.
3. Quotations and Pricing
All quotations provided by us are estimates only and are subject to change based on actual cargo dimensions, weight, volume, commodity classification, and prevailing carrier rates at the time of booking. Quotations are valid for 14 days from the date of issue unless otherwise stated in writing.
Prices quoted do not include government duties, taxes, levies, quarantine charges, terminal handling charges, storage fees, demurrage, detention, or other third-party charges unless expressly stated. The Client is responsible for all such charges as they arise.
We reserve the right to adjust pricing after acceptance where there is a material change in circumstances, including but not limited to carrier surcharges (fuel, currency, peak season, war risk), changes in applicable duties or taxes, variations in cargo weight or volume from the information provided by the Client, or the imposition of new government regulations or charges.
Payment terms are strictly 14 days from the date of invoice unless a specific credit arrangement has been approved in writing. Overdue accounts are subject to interest at the rate of 2% per month (or the maximum rate permitted by law, whichever is lower) calculated from the due date until payment is received in full. The Client is liable for all costs of recovery, including legal fees on a solicitor-client basis, debt collection agency fees, and court costs.
We retain a general lien over all goods and documents in our possession, custody, or control for all amounts owed to us by the Client, whether or not relating to the specific consignment. If payment is not received within 30 days of the due date, we may, upon 14 days' written notice, sell or dispose of the goods and apply the proceeds against the outstanding amount.
4. Liability Limitations
To the maximum extent permitted by law, our total aggregate liability for any loss, damage, or expense arising out of or in connection with the Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the lesser of:
- The fee charged by us for the specific service giving rise to the claim; or
- AUD $2.00 per kilogram of the gross weight of the goods that are the subject of the claim, with a maximum of AUD $100,000 per consignment.
We are not liable for any indirect, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of contracts, loss of business opportunity, loss of goodwill, or business interruption, regardless of whether we were advised of the possibility of such damages.
We are not liable for loss of or damage to goods where such loss or damage arises from: inherent vice or defect in the goods; insufficiency or unsuitability of packaging or labelling provided by the Client; acts or omissions of the Client or the Client's employees, agents, or representatives; compliance with the instructions of the Client; or the acts or omissions of customs authorities, government agencies, carriers, or other third parties over whom we have no direct control.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law for services provided to consumers as defined under the Competition and Consumer Act 2010 (Cth).
5. Cargo Insurance
Goods are carried, stored, and handled at the Client's risk at all times. We strongly recommend that the Client obtain adequate marine cargo insurance for all shipments. We can arrange cargo insurance on the Client's behalf through our appointed insurance brokers upon request and at additional cost.
Unless the Client provides written instructions to arrange insurance and we confirm in writing that insurance has been placed, the goods are uninsured during transport and storage. We are not an insurer and do not provide any warranty or guarantee regarding the adequacy, scope, or validity of any insurance arranged on the Client's behalf. Claims under cargo insurance policies must be pursued directly with the relevant insurer in accordance with the policy terms.
The Client is responsible for providing accurate and complete information regarding the nature, value, and condition of the goods for insurance purposes. Failure to disclose material information may void or limit the insurance cover.
6. Claims
All claims for loss of or damage to goods must be notified to us in writing within the following timeframes:
- Visible loss or damage: at the time of delivery, noted on the delivery receipt or proof of delivery before signing.
- Non-apparent loss or damage: within 3 calendar days of delivery for domestic shipments, or 7 calendar days for international shipments.
- Non-delivery: within 21 calendar days from the expected delivery date.
Claims must be submitted in writing and accompanied by supporting documentation including the commercial invoice, packing list, photographs of the damage, the delivery receipt, and any other relevant evidence. Failure to notify a claim within the prescribed timeframes may result in the claim being barred.
We will investigate all properly notified claims and respond within 30 days of receiving complete documentation. Our liability for any valid claim is subject to the limitations set out in Section 4 above. No legal proceedings may be commenced against us unless a written claim has been lodged in accordance with this section and a period of 60 days has elapsed from the date of lodgement.
7. Force Majeure
We are not liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control ("Force Majeure Event"). Force Majeure Events include, but are not limited to: natural disasters (earthquakes, floods, cyclones, tsunamis); epidemics, pandemics, and quarantine restrictions; war, armed conflict, terrorism, civil unrest, or sanctions; government actions, embargoes, trade restrictions, or changes in law or regulation; strikes, lockouts, or other industrial action (whether involving our workforce or that of third parties); fire, explosion, or equipment failure; disruption to transport networks, port closures, airport closures, or canal blockages; cyber attacks or IT system failures beyond our control; and extreme weather events or adverse sea conditions.
In the event of a Force Majeure Event, we will use reasonable endeavours to mitigate the impact and resume performance as soon as practicable. We will notify the Client promptly of the nature and expected duration of the event. If the Force Majeure Event continues for more than 60 days, either party may terminate the affected service by written notice without further liability, except for payment obligations for services already rendered.
8. Client Obligations
The Client warrants and undertakes that:
- All information provided to us regarding the goods, including descriptions, weight, dimensions, value, and hazardous nature, is accurate and complete.
- The goods are lawfully owned or possessed by the Client, and the Client has full authority to contract for their carriage.
- The goods are properly and sufficiently packed, labelled, and marked to withstand the ordinary rigours of transport.
- All necessary export and import licences, permits, and authorisations have been obtained or will be obtained at the Client's expense.
- The goods do not contain any prohibited or restricted items, and the Client will comply with all applicable laws and regulations relating to the carriage of the goods, including trade sanctions and export controls.
The Client indemnifies us against all claims, damages, costs, fines, and expenses arising from any breach of the above warranties or from inaccurate, incomplete, or misleading information provided by the Client or the Client's agents.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts. Notwithstanding the foregoing, nothing in these Terms prevents us from seeking urgent injunctive or interlocutory relief in any court of competent jurisdiction.
Where our Services involve international carriage of goods by sea, the Hague-Visby Rules as enacted in Australia under the Carriage of Goods by Sea Act 1991 (Cth) may apply and, to the extent applicable, prevail over these Terms. Where our Services involve international carriage of goods by air, the Montreal Convention (or, where applicable, the Warsaw Convention) as enacted in Australia under the Civil Aviation (Carriers' Liability) Act 1959 (Cth) may apply.
10. Amendments
We reserve the right to amend these Terms at any time by publishing the updated Terms on our website. The amended Terms will take effect from the date of publication unless otherwise stated. It is the Client's responsibility to review these Terms periodically. Continued use of our website or Services after the publication of amended Terms constitutes acceptance of those amendments. Material changes will be communicated to existing clients by email or other reasonable means at least 14 days before they take effect.
11. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- CargoConnect Global Pty Ltd
- Unit 9, 145 Wharf Street, Spring Hill, QLD 4000, Australia
- Email: [email protected]
- Phone: +61 7 3060 2841
- ABN: 47 631 285 109