overdue letter - hunter cargo & web view... providing international freight forwarding &...

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 KrugerGeneral Manager Hunter Cargo & CustomsTel: +61 2 4922 0906Fax: +61 2 4922 0950Mob: +61 408 205 586Email: [email protected]: 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)

http://www.hccnewcastle.com/

mailto:[email protected]



Unit4/6 Relation Close Tighes Hill NSW 2297 PO Box 104 Carrington NSW 2294



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


Robyn Cubbin Customs Broker


Julian Ruhunuhewa : Trainee Customs Broker

Email : [email protected]









Exports & Import Operations Team:

Jodie-Lee Benjamin: Import & Export Customer Service


Kathy Wade: Import Sea & Air Supervisor


Matthew Chisholm: Export Sea & Air Operations


Lana Astroza : Import Operations (Casual)


Accounts Payable and Receivable Team

Jodi Schneider:


Kathleen Grima:


Louisa Boyle : ( Part time Wednesday/Thursdays )










Hunter Cargo & Customs

International Trade Specialists “ MEMBER OF THE CUSTOMS BROKERS AND FORWARDERS COUNCIL OF

AUSTRALIA ABN: 46 493 860 326




Date

Client's NameClient'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 brokerageservices to you. Enclosed for completion and return are thefollowing documents:

A. Standard Terms and Trading Conditions ("Trading Conditions");

B. Authorisation and Acknowledgement of Trading Conditions/Authorisation andAcknowledgement 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 ConditionsServices performed by us are performed according to our Trading Conditions. Pleasecarefully read the Trading Conditions as they affect your rights and liabilities. Byrequesting us to perform the Services and/or signing the enclosed Authority, youacknowledge acceptance of the Trading Conditions.

2. AuthorityThe Authority gives us permission to deal with Government authorities, including theAustralian 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

If you request credit terms for the provision of our Services you must complete a CreditApplication. Applications for credit are assessed on a case by case basis and thedecision 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 todirect 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 significantand may exceed your credit limit (if applicable). Generally goods will not be cleared forhome consumption until the relevant amounts of customs duty and GST are paid.Authorising Customs to direct debit your account for payment of the above mentionedamounts 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 youprovide Customs with the completed Direct Debit Request. Please let us know the dailyaccount limit and the usage period you have nominated.

Please complete and return the enclosed documents to us as soon as possible. Please notethat we cannot undertake the Services for you until the enclosed documents are completed andreturned.

Please contact me if you have any questions.

Yours faithfully

Ashanthi Kruger


General Manager







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)







CUSTOMER CREDIT APPLICATION

Application is hereby made by the Customer named below to establish a commercial creditaccount 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



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 andcorrect and that no relevant information in regard to the credit worthiness has beenwithheld.

1.3 The Customer agrees to provide current financial information if requested forassessment of this application.

1.4 The Customer has been provided copies of, has read and agrees to be bound by theseterms and conditions and the Trading Conditions of the Company as amended fromtime to time.

1.5 The Customer acknowledges that the Company may amend these terms and conditionsand its Trading Conditions by notice to the Customer. Any such notice will be taken tohave been received by the Customer 2 days after posting by the Company. All servicesprovided after receipt of that notice will be subject to the amended terms and conditionsand/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;

(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 thepurposes of the PPSA in respect of the Goods, which is covered by the TradingConditions.

3. Privacy Act 1988 (Cth)

3.1 The Customer acknowledges that it has been informed of the following by theCompany:

(a) that personal information about the Customer may be acquired from a creditreporting agency; and

(b) that personal information about the Customer may be disclosed by theCompany to a credit reporting agency.

3.2 The Customer agrees to the Company:

(a) receiving from any credit provider, or providing to any credit provider, anycredit information whether by way of report record or otherwise relating tocredit worthiness for the purposes exchange of information, assessing creditworthiness 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 forthe purposes of assessing this credit application and the Customer furtherconsents to The Company obtaining such reports from time to time for thepurpose of assessing credit worthiness during the continuance of creditprovision; and

(c) obtaining from a business which provides credit information a report orinformation in relation to the Customer's commercial credit worthiness orcommercial dealings and using such information for the purposes of thisapplication 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 agencyfor 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 thedate of an invoice statement.


4.2 The Customer agrees that if the Customer fails to pay on time, in addition to its rightsunder the Trading Conditions, the Company may:

(a) charge a dishonour handling fee at the rate advised by the Company from timeto time, where we are unable to obtain payment from your credit card provideror a cheque payment is dishonoured; and

(b) recover all collection cost and expenses incurred in collecting overdueaccounts.

Any forbearance by the Company taking any of the actions set out in subclause 4.2does 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 tobe calculated in accordance with the National Australia Bank Excess DrawingInterest 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 andfails 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 orany of its property; or

(e) is a company; and

(1) proceedings are commenced to wind it up or any of its subsidiaries;

Or(2) 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 thatinvoiced payments are not made in full within the time stipulated within an invoicestatement.


6.2 The Customer acknowledges and agrees that if the Company commences any recoveryaction against the Customer, the Customer will be liable for any and all legal costs aswell as any associated costs and expenses incurred by the Company in relation to therecovery 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 toenter into any guarantees or securities required by the Company to secure the provisionof the services on credit and to pay for all legal costs, stamp duty or other expensesincurred 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 andshareholders will sign any documents required by the Company to evidence andconfirm any guarantees or securities in the form of the Guarantor's Agreement annexedto these terms and conditions.

8. Credit Limit

The Customer agrees to accept the credit limit allocated by the Company and that theAccount 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 itbeing satisfied of the Customer's ability to pay and comply with these terms andconditions and the Trading Conditions. If the Company ceases to be so satisfied it maysuspend and/or terminate the supply of services and shall not be liable in any way forany 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 andconditions or pursuant to any other legal right, all amounts provided on credit becomeimmediately due and payable and treated as an overdue account for the purpose ofthese terms and conditions.

11. SeveranceShould any part of these terms and conditions be held to be void or unlawful, theseterms and conditions are to be read and enforced as if the unlawful provisions havebeen deleted.

12. GST

In this Agreement, "GST" refers to goods and services tax under A New Tax SystemPLATT 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)

(Goods and Services Tax) Act 1999 (Cth) ("GST Act") and the terms used have themeanings as defined in the GST Act. The Company will issue the Customer with a taxinvoice in relation to the supply of services which includes GST in a form whichcomplies with the GST Act and the regulations made under the GST Act.

13. Inconsistency

Where there is an inconsistency between the terms and conditions of the TradingConditions, the Authority, any fee quotation estimate or agreement and these terms andconditions, 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:






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 PURPOSESIn addition to the authorisation pursuant to clause 1 of this Authority, the Customerfurther authorises the Company to quote our Australian Business Number ABN

(ABN) as may be required by the Australian Taxation Office and A New TaxSystem (Goods and Service Tax) Act 1999 and any other related legislation in respectof:

(a) imported goods at the time of making the entry for home consumption ImportEntry, Import Declaration or other form of reporting to the Australian Customsand Border Protection Service (“Customs”); and

(b) exported goods at the time of making the Export Entry, Export Declaration orother form of reporting to Customs.

3. AUTHORITY FOR ALL OTHER LEGISLATIVE PURPOSES

Without limiting the generality of the authorisation and appointment pursuant to clauses1 and 2 of this Authority, the Customer appoints the Company to act on behalf of theCustomer for all purposes contemplated by any Customs Related Law (as that term isPLATT 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)


defined in the Customs Act) and for any purpose required to assist with import, exportor 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 toauthority to the Company to attend to all other actions requested by Customs related tothe 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 nomineesand/or its agents on behalf of the Customer are done so subject to the Standard Termsand 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 TradingConditions.

5.3 The Authorised Signatory whose name is set out below warrants that it is authorised toenter into this Authority on behalf of the Customer.

6. INCONSISTENCY

Where there is an inconsistency between the terms and conditions of the TradingConditions, any Customer Credit Application, any fee quotation estimate or agreementand the terms and conditions of this Authority, the relevant documents shall beconstrued 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 thisAuthority until properly terminated by either party in writing.

Dated:

.........................................................................Authorised Signatory


.........................................................................Full name of Authorised Signatory.........................................................................Position with Customer

.........................................................................Customer name






AUTHORISATION AND ACKNOWLEDGEMENT OF TRADING CONDITIONSWITH QUARANTINE CONDITIONS

1. AUTHORITY FOR PURPOSES OF CUSTOMS ACT 1901In accordance with section 181 of the Customs Act 1901 (Cth) (“Customs Act”), *I / we……………………………………………………………………… (“Customer”) hereby authoriseHunter 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 totime), and for any purpose as required to meet the treatment standards andrequirements of the Australian Government Department of Agriculture, Fisheries andForestry, including the Australian Quarantine Inspection Services ("DAFF") for theimportation 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 commoditiesthat are imported into Australia and exported from Australia. The monitoring ofcommodities provided by DAFF is necessary in order to protect Australian and foreignagricultural production, the environment, the consumers and human health.

2.2 The Customer acknowledges that in order to meet quarantine standards for import orexport clearance, DAFF may require the commodities to undergo certain treatments.These treatments may include heat treatment and the use of chemicals such as methylbromide and ethylene oxide (“Treatment”). Please refer to clauses 4.1 and 4.2 for amore detailed explanation of the Treatment.

2.3 The Customer acknowledges that the Treatment may cause the commodities to bePLATT 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)


affected in such a way that the commodities are no longer suitable for their intendedend use.

2.4 The Customer accepts that the Company will liaise with DAFF to determine whether thecommodity is required to undergo Treatment.

3. A PRUDENT OWNER

3.1 The Customer undertakes to be responsible for their own knowledge regarding thequarantine treatment procedures and processes of DAFF. The Customeracknowledges that the Customer has a duty to understand the risks involved. TheCustomer must access this information for itself and may do so by requestinginformation 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 recipientof the product, whether it is a wholesaler, manufacturer or retailer, of the Treatment thatwill be or was undertaken. The Customer also undertakes to ensure that the notice issigned by the wholesaler, manufacturer or retailer acknowledging they understand theTreatment process to be undertaken or that will be undertaken. A copy of this signednotice must then be forwarded to the Company no later than 30 days after Treatmenthas taken place.

4. INFORMATION AVAILABLE

4.1 The DAFF website www.daff.gov.au provides general information on quarantinetreatments 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 forthe Customer’s particular commodity.

5.2 The Customer acknowledges that the Company may undertake the investigation of howthe standards and requirements of DAFF will be met with the least detrimental effect onthe 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’sinvestigation concludes that the product may be detrimentally affected by the Treatment(meaning the commodity is no longer suitable for its intended use) the Company willadvise the Customer of its findings.

5.4 The Customer agrees that in order for the Company to fully investigate the safety andthe effect of a treatment on a particular commodity, the Company must have sufficienttime to investigate the matter. The Company may estimate a sufficient time and notifythe Customer of that time period if requested to do so by the Customer.

6. CUSTOMER’S CONSENTThe Customer acknowledges that an investigation may be required into the need forTreatment of a particular commodity. The Customer authorises the Company toconduct an investigation into whether the commodity must receive Treatment. Oncompletion of the Company’s investigations the Company may decide that aparticular commodity requires Treatment. The Customer must consent to theCompany’s selection of Treatments to be undertaken.

7. LIABILITY

7.1 The Company does not accept liability for any damage to the Customer’s commodityarising from a Treatment undertaken in order to meet DAFF quarantine standards andrequirements or as a result of the Company’s recommendation to have an investigationcarried out.

7.2 The Company will not be liable for Treatment of the commodity resulting from anincomplete investigation or recommendation by the Company to DAFF, where theCustomer did not provide the Company with sufficient time to properly carry out itsinvestigation 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 theCustomer to suffer loss or any acts of negligence performed by the Company, itsdirectors, employees, nominee’s and/or subagents performed in the investigation and/orprovision of its services.

7.4 Without limitation to the indemnity set out in the Trading Conditions of the Companywhich are annexed to this Authority, the Customer will indemnify the Company inrespect of:

(a) any costs incurred in carrying out an investigation or the costs associatedwith Treatment of the goods, where those costs were incurred on behalf ofthe Customer;

(b) any penalties, fines, damages, losses, liabilities, legal costs (calculated ona solicitor client basis) incurred by the Company ("Cost") in performingservices authorised under this Authority, regardless of whether the Costwas a result of the negligent or wilful act or omission of the Company, itsoffices, employees, agents, nominees or sub-contractors; and


(c) any claims made by sub-contractors or third parties concerning the provisionof the Company’s services in investigating and arranging suitable Treatmentfor the commodity.

7.5 The Company's liability for any loss or damage resulting directly or indirectly from anyact or omission by the Company, its officers, employees, agents, nominees or subcontractors,in relation to services performed under this Authority is limited to the fullextent of permitted by the law.

7.6 The Customer must have or must take out an insurance policy to cover any damage tothe commodity caused by a Treatment required in order to receive DAFF’s clearance forthe commodity to be imported or exported. The insurance policy must cover the fullvalue 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 theCustomer.

8. AUTHORITY FOR GST PURPOSES

In addition to the authorisation pursuant to clause 1 of this Authority, the Customerfurther authorises the Company to quote our Australian Business Number ABN(ABN) as may be required by the Australian Taxation Office and A New TaxSystem (Goods and Service Tax) Act 1999 and any other related legislation in respectof:(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 clauses1 and 8 of this Authority, the Customer appoints the Company to act on behalf of theCustomer for all purposes contemplated by any Customs Related Law (as that term isdefined in the Customs Act) and for any purpose required to assist with import, exportor transportation of the goods of the Customer.

10. AUTHORITY FOR RELATED PURPOSESThis Authority extends to authorise the Company to attend to all other actions requestedby Customs related to the clearance, carriage and delivery of the goods.

11. ACCEPTANCE OF TRADING CONDITIONS

11.1 The Customer agrees that all transactions undertaken by the Company, its nomineesand/or its agents on behalf of the Customer are done so subject to the TradingConditions and receipt of which is hereby acknowledged.

11.2 The Customer agrees that it accepts to be bound by this Authority and the TradingConditions.

11.3 The Authorised Signatory whose name is set out below warrants that it is authorised toenter 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 ConsumerAct 2010 (Cth);

(b) "Consumer Contract" means a contract between the Company and theCustomer for a supply of services to a Customer that is an individual whoseacquisition of the services is wholly or predominantly for personal, domestic orhousehold 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 areference to any contract covered by a sea carriage documentwithin the meaning of the amended Hague Rules referred to insection 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 theCustomer, that is not a Shipping Contract, then notwithstanding subclause 7.3, theCompany will be liable to the Customer where a negligent act of the Company hascaused the Customer to suffer loss.

13. INCONSISTENCY

Where there is an inconsistency between the terms and conditions of the TradingConditions, any Customer Credit Application, any fee quotation estimate or agreementand the terms and conditions of this Authority, the relevant documents shall beconstrued in the following order of priority:

(a) the Trading Conditions;(b) this Authority;(c) any customer credit application; and(d) any fee quotation estimate or agreement.

14. TERM OF AUTHORITY

The Company and the Customer agree that this Authority will apply from the date of thisAuthority until properly terminated by either party.

Dated:

.........................................................................Authorised Signatory


.........................................................................Full name of Authorised Signatory

.........................................................................Position with Customer

.........................................................................Customer Name


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