A to Z Vehicle Certifications Trustee for R & R Holmes Investments Trust Pty Ltd
Terms and Conditions of Motor Vehicle Testing & Repair Agreement
1. A to Z Vehicle Certifications trustee for R and R Holmes Investments Trust Pty Ltd
ABN 63142380504 will carry out the repairs and work /Services (the work) described on job card, accepted quote or invoice in respect of the motor
vehicle. A to Z Vehicle Certifications will supply and fit all necessary parts and materials, as per estimate or verbal agreement.
2. The Owner will pay A to Z Vehicle Certifications the charges due in respect of the work/services and the parts and materials supplied by A to Z
under this Agreement. Unless otherwise agreed by A to Z Vehicle Certifications in writing, the Owner will pay the full amount due on the
completion of the work or collection of the motor vehicle.
3. A to Z Vehicle Certifications is entitled to increase the charges payable by the Owner for any product or service provided under this Agreement
to include any goods and services tax payable by A to Z in respect of the supply of that product or service.
4. If any amount payable by the Owner is not paid by the due date, Interest on that amount will be payable at the rate fixed from time to time under
Section 2 of the Penalty Interest Rates Act 1983 (QLD).
5. The Owner warrants that it is entitled to grant a lien, and hereby grants a lien over the motor vehicle (including all its equipment accessories and
contents) to secure the due payment of all charges arising under this Agreement, including storage charges, interest charges and any additional
charges under clause 14. A to Z Vehicle Certifications will notify the Owner when the motor vehicle is available for collection. Actual notice will be
sufficient for these purposes; notice sent by properly pre-paid post will be deemed to be actually given to the Owner two days after posting. If the
Owner does not collect the motor vehicle within two days (excluding days on which A to Z Vehicle Certifications is not open for business) of A to Z
Vehicle Certifications giving notice to the Owner, the Owner will pay A to Z Vehicle Certifications a storage charge of $30.00 per day (or part
thereof).
6. The Owner is personally liable for all amounts payable under this Agreement, regardless of any insurance or other contractual arrangement it
may have.
7. Unless otherwise agreed. A to Z Vehicle Certifications will complete the work in a reasonable time. If an estimated or specific time for completion
is given by A to Z Vehicle Certifications, it will not be liable for any delay due to circumstances beyond its control.
8. The Owner authorises A to Z Vehicle Certifications to order on its behalf any parts or materials necessary to carry out the work. Unless otherwise
agreed in writing, the Owner must pay to A to Z Vehicle Certifications the full cost of obtaining any such parts and materials (including any costs
arising from currency fluctuations between the date the parts and materials were ordered and paid for)
9. The Technicians and staff or agents of A to Z Vehicle Certifications may test drive or carry out tests of the motor vehicle at A to Z Vehicle
Certifications discretion and may, if requested by the Owner, collect or re-deliver it where nominated by the Owner and A to Z Vehicle
Certifications will not be liable to the Owner for any damage which occurs to or IS caused by the motor vehicle during such driving or testing,
unless it arises from the negligence of A to Z Vehicle Certifications or its Technicians/staff.
10. A to Z Vehicle Certifications will not. without the Owner's prior authorisation, carry out any work or supply any materials which are not
included or referred to in the work. However, the Owner may in writing, orally or by an agent authorise additional work to be performed or
materials to be supplied. If additional work or materials are duly authorised, the Owner will be liable to pay for the additional work or materials
the amount which is agreed at the time of authorisation or, failing such agreement, a reasonable sum.
11. Subject to any Australian or QLD law implying a non-excludable obligation or right under this Agreement, A to Z Vehicle Certifications
Liability In respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at A to Z Vehicle
Certifications discretion) of defective parts free of charge. A to Z Vehicle Certifications will not be liable in any way for losses or claims arising
directly or indirectly from the performance of its obligations under this Agreement.
12. All parts claimed by the Owner to be defective must be returned at the Owner's expense in order to establish the alleged defect before any
replacement or repair must be undertaken
13. This Agreement is governed by the law of the State of QLD. 14.In this Agreement, where, the context allows, references to a gender include the
other genders, references to person include corporations and the singular includes the plural
14. In conjunction with the above we also have a strict payment policy where all invoices ARE PAY UPON RECEIPT unless otherwise organised in
writing in which to be paid. If payment is not received in full after 7 days there will be a charge of 15% of the invoice total plus a $30.00 admin fee!
This is cumulative each 7-day period thereafter. All work will cease until invoices have been paid!
15. We reserve the right to publish or use for advertisement any pictures of vehicles and work carried out by A to Z Vehicle Certifications.
16. There will be NO negotiations with these Terms and Agreement
Warranty:
All Mechanical repairs carried out by A to Z Vehicle Certifications carry a 30-day warranty. All out sourced parts supplied by A to Z
Vehicle Certifications will carry the supplier warranty
Whilst we do guarantee the workmanship carried out by A to Z Vehicle Certifications, we do not cover any faults caused by components,
which are out sourced items. We do not cover any faults due to alterations or modifications to the vehicle which have been carried out
prior to arrival at our workshop.
If any or all work carried out by A to ZVehicle Certificatios is worked on or modified by other parties then this warrenty is void.
If A to Z Vehicle Certifications is not notified immediately of any faults or issues found and given opertunity to inspect and or rectify any
issue or fault found this warrenty is void.
Form : A2Z100 11 & 12 Leonard Parade Currumbin Q 4223
Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
1. Notice
These Trading Conditions apply to all Services provided by IL Global Holdings Pty Ltd T/as A to Z Imports [ABN97127054344) (the Company) and
include provisions that entirely change, reduce or exclude rights that the Customer (you) might otherwise have.
These Trading Conditions contain clauses which will not apply in circumstances where these Trading Conditions constitute a Small Business Contract or
Consumer Contract, as defined in the Australian Consumer Law. These clauses, in addition to the applicable Small Business Contract and Consumer Contract
are clearly identified in these Trading Conditions.
A Consumer or Small Business, as defined, should seek independent legal advice in relation to these Trading Conditions.
loss or gain for which restitution damages is capable of being awarded, or any similar loss which was not contemplated by the parties.
Customs Act or Customs Related Law OR which the Company considers at its sole discretion to be necessary to comply with its Licence Conditions.
2. Application
1. These Trading Conditions apply to all Services provided by the Company to the Customer and prevail over any terms and conditions
provided by the Customer and as contained in any transport document, including bill of lading, air waybill or consignment note.
3. Governing Law and Jurisdiction
1. These Trading Conditions and any collateral agreements made by the Company with the Customer shall be governed and construed
according to the laws of Queensland, Australia and shall be subject to the exclusive jurisdiction of the courts of those States.
4. Acceptance of Trading Conditions
1. The Customer acknowledges and agrees that it has received and understands these Trading Conditions. By instructing the Company to
perform the Services, except to the extent otherwise required under relevant laws, the Customer will be bound by the Trading Conditions of
the Company, which shall prevail over any other terms and conditions of the Customer.
5. Not a Common Carrier
1. The Company carries on business as a forwarding and logistics agent, and Customs Broker under Part XI of the Customs Act. The Company is
not a common carrier and will accept no liability as such. The Company reserves the right to accept or refuse to provide the Services in
respect of the Goods at its sole discretion. Except to the extent otherwise required under relevant Laws, all Services provided by the
Company are governed solely by these Trading Conditions.
6. Dangerous Goods
In the event that the Goods are found to be Dangerous Goods they may be destroyed or otherwise dealt with at the sole discretion of the Company 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 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 carriage by rail in the States and Territories of Australia and OHS laws.
7. Payment and recovery of Fees
1. The Company is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or
paid to shipping and forwarding agents and insurance brokers whether declared or otherwise and no such brokerage, commission or
allowance or other remuneration shall be payable or allowable to the Customer.
2. Quotations as to Fees and other charges are given on the basis of immediate acceptance and subject to the right of withdrawal or revision
by the Company. Quotations are valid only for the specified weight and volume ranges quoted and for the designated services and standard
of services quoted. If any changes occur in the rates of freight, insurance premiums, warehousing, statutory fees or any other charges
applicable to the Goods, quotations and charges are subject to revision accordingly with notice or, if it is not reasonably practicable,
without notice to the Customer.
3. If a change in law, regulation, statutory instrument, or Government Ruling or of any requirement of a Government Authority causes an
increase in the costs associated with performance of the Service by the Company, including without limitation, through the introduction of
fees, levies, charges, duties or tax, the Company is entitled to recover such additional costs incurred by it and the fees are subject to
revision accordingly with notice or, if it is not reasonably practicable, without notice to the Customer.Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
4. 5. 6. 7. 8. The Company shall under no circumstances be precluded from raising a debit in respect of any fee or disbursements lawfully due to it,
notwithstanding that a previous debit or debits (whether excluding or partly including the items now sought to be charged) had been
raised and whether or not any notice was given that further debits were to follow.
All amounts due to the Company in Australia are payable in Australian dollars. The Company is entitled to charge a currency conversion
premium to cover the expenses incurred by the Company when converting receivables into Australian currency.
The Customer agrees that the Fees will be paid within 14 days of the date of an invoice statement or as otherwise determined by the
Company.
If any amounts payable or due under any agreement between the Company and the Customer are not made within 7 days of the due date,
the Customer will be in default and without limiting any other rights of the Company, the Customer shall pay to the Company, by way of
liquidated damages, interest to be calculated at the rate being 2% above the Cash Rate Target fixed by the Reserve Bank of Australia on the
amount outstanding calculated from the due date until payment is made in full, where such liquidated damages are reasonably necessary to
protect the Company’s legitimate business interests. The Company may take any legal proceedings to recover amounts owing pursuant to
these Trading Conditions.
The Company reserves the right to offset any amounts receivable from the Customer against any amounts payable to that Customer. This
right exists irrespective of the date the liability has been created or debt incurred with the Company.
8. Customer Warranties
1. The Customer warrants that it is either the owner or the authorised agent of the person or persons owning or having any interest in the
Goods or any part of the Goods and enters into this Contract on its own behalf or as authorised agent of that person or those persons.
2. The Customer warrants that it has complied with all laws and regulations relating to the nature, condition, packaging, handling, storage
and carriage of the Goods including but not limited to the provisions of the Load Restraint Guide and that the Goods are packed to
withstand the ordinary risks of handling, storage and carriage, having regard to their nature and indemnifies the Company for all liability
and for all costs incurred as a result of or arising out of a breach of this warranty.
3. Furthermore, the Customer shall provide to the Company all such assistance, information and documentation that may be necessary to
enable the Company to comply with such laws and regulations. The Customer is responsible for ensuring compliance with the Load
Restraint Guide by any employee, agent or contractor loading or packing the Goods either in Australia or at an overseas location.
4. The Customer warrants that the information it provides to the Company in relation to the Goods, including the nature, number of packages
and weight of the contents of the container is accurate and will indemnify the Company against all loss, damages and expenses arising from
inaccuracies in such particulars, including in connection with any prosecution by a relevant authority.
5. The Customer warrants that any VGM provided to the Company is accurate and complies with Marine Orders 42 and has been calculated in
accordance with an approved method and that the Customer will indemnify the Company against all loss, damages and expenses arising
from a failure to supply a VGM obtained by one of the methods approved and in time to be used in vessel planning.
6. The Customer warrants that prior to the Company making payments to the ABF for customs duty or GST, that the Customer has verified
those amounts and accepted the accuracy of same. The Company shall not be liable for any underpayments of customs duty or GST which
are owed by the Customer to the ABF or other Government Authority.
7. If a Voluntary Disclosure is deemed necessary by the Company to ensure compliance with the Customs Act, the Customer warrants that it
will cooperate with the Company in making such disclosure.
9. Reporting Obligations
1. The Company, its agents, employees and contractors are obliged to comply with certain conditions and Laws in respect of Licences in
relation to the Goods or Services and none of the Company, its agents, employees or contractors are in breach of these Trading Conditions
or in their obligations to the Customer in complying with such conditions or Laws.
2. 3. The Customer further acknowledges and agrees that:
The Company’s Reporting Obligations may require the Company, its agents, employees and contractors to disclose a breach or possible
breach of any Customs Related Law to any Government Authority;
4. None of the Company, its agents, employees and contractors will have any liability to the Customer or any other party arising from
compliance with its Reporting Obligations or the conditions of its licences; andTrading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
5. The Customer must indemnify and keep indemnified the Company, its agents, employees and contractors from all costs and liabilities they
incur in relation to their Reporting Obligations in respect of the Services or in relation to the Goods, including all legal costs which include,
without limitation any legal costs incurred in determining whether a Reporting Obligation has arisen.
10. Sub-Contractors
1. The Company as agent for the Customer may contract either in its own name as principal or as agent for the Customer with any Sub-
contractor for the Carriage, movement, transport or storage of the Goods or for the performance of all or any part of the Services pursuant
to or ancillary to these Trading Conditions.
2. Any such contract may be made upon the terms of contract used by the Sub-contractor with whom the Company may contract for the
Services and may be made upon the terms and subject to the conditions of any special contract which the Sub-contractor may in any
particular case require, including in every case any term that the Sub-contractor may employ any person, firm or company for performance
of the Services so contracted for.
11. Chain of Responsibility (CoR)
1. The Company is committed to ensuring as far as is reasonably practicable that any carriage of goods by road performed as part of the
Services is performed safely and in accordance with the Heavy Vehicle National Law and its CoR provisions. This commitment extends to
eliminating, or where elimination is not possible, minimising safety risks and the risk of damage to road infrastructure.
2. The Company will not comply with any directive or instruction by the Customer that might have the effect of contributing to a breach of the
Heavy Vehicle National Law or preventing the Company from taking all steps that it considers to be necessary to prevent any breach of the
Heavy Vehicle National Law or to otherwise comply with the duties of care under the Heavy Vehicle National Law.
12. Notification of Claim
1. Any claim for loss or damage must be notified in writing to the Company within seven (7) days of delivery of the Goods or of the date upon
which the Goods should have been delivered.
2. 3. 4. 5. If no claim for loss or damage is made within 7 days of delivery of the Goods then the Customer is deemed to have accepted the Goods and
to the fullest extent permitted by law, waives any claim for loss or damage against the Company in respect of the Services.
The Company shall be discharged from all liability whatsoever in connection with the provision of the Services and/or the Goods unless
legal proceedings are commenced and served upon the Company within nine (9) months of the provision of the Services or delivery of the
Goods or when the Services should have been provided or the Goods should have been delivered.
If no claim for loss or damage is made within 7 days and if the Customer does not bring proceedings in relation to that claim within 9
months of the provision of the Services or delivery of the Goods or when the Services should have been provided or the Goods should have
been delivered, then the Customer is deemed to have accepted the Goods and to the fullest extent permitted by law, waives any claim for
loss or damage against the Company in respect of the Services.
This clause 12 does not apply to a claim for breach of the Consumer Guarantees under the Australian Consumer Law, where applicable.
13. Liability and Indemnity
Liability
1. To the full extent permitted by law, and subject to clause 13.4 and clause 13.5, the Goods remain at the risk of the Customer during the
Services and the Company, its servants and agents will have no liability whatsoever to the Customer, whether in tort, contract, bailment, or
otherwise, unless such is solely caused by, and attributable to, the gross negligence of the Company in provision of the Services, and the
Customer shall indemnify the Company in respect of any claims made by third parties concerning the provision of the Services by the
Company, in connection with or arising out of, but not limited to.
2. 4. 5. 6. loss or physical damage to the goods;
3. deterioration of the Goods;
mis-delivery, failure to deliver or delay in deliver of the goods;
the Company’s provision of the services;
any loss or damage caused directly or indirectly by the Customer by breach of these Trading Conditions;Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
1. 2. 3. 4. 5. 6. 7. 8. 7. 8. amounts of Customs Duty, GST and other payments made to Government Authorities on behalf of the Customer;
any penalties payable by the Company under the Customs Act 1901, or other legislation, due to the Customer providing incorrect, false or
misleading information to the Company; omitting to provide information to the Company; and/ or failing to provide information or
documents to the Company as requested by the Company;
9. damages payable by the Company from the failure of the Customer to return any container or transport equipment involved in Carriage in
the time required by the contract between the Company and the supplier or owner of that container or other transport equipment;
10. demurrage or other charge for detention or failure to return items provided by the Company pursuant to contracts with other parties;
except for such charges caused by the Company;
11. 12. 13. damages payable by the Company arising from or contributed to by errors or misrepresentations by the Customer;
losses or damage incurred by the Company due to a breach by the Customer of any of the warranties in these Terms and Conditions;
penalties imposed by any RSA for breach of the Laws pertaining to the carriage of goods by road, or any breach arising out of the Chain of
Responsibility obligations or the Heavy Vehicle National Law that was caused by the Customer;
14. any costs, charges or fees, including legal costs, incurred in obtaining any Customs Advices or making a Voluntary Disclosure to the ABF,
where it is reasonably necessary to do so, whether or not the Customer requested such action to be taken by the Company;
15. any costs, charges or fees, including legal costs, reasonably incurred by the Company in obtaining any Customs Advices on behalf of the
Customer, where it is reasonably necessary to do so;
16. any costs, charges or penalties incurred by the Company as a result of or in connection with any breach of a Licence, caused or contributed
to by the act or omission of the Customer;
17. any costs or charges incurred by the Company as a result of or in connection with any suspension or cancellation of a Licence by the ABF or
Government Authority, caused or contributed to by the act or omission of the Customer;
18. any costs or charges incurred by the Company in connection with recovering any amounts due by the Customer to the Company for the
Services, including legal costs and the costs of legal proceedings;
19. Except as required by law, the Company shall not be responsible in negligence or contract or otherwise for loss, damage, costs, fines or
penalties incurred by the Customer or any other person resulting from or arising out of or in connection with any quotation, advice,
statement, representation or information given or made by or on behalf of the Company to the Customer or others as to the classification of
or any matter material to the valuation of or the liability for or the amount, scale or rate of customs and/or excise duty or other impost, tax
or rate charged in respect of the Goods or any cargo whatsoever. In giving or making any such quotation, advice, statement,
representation or information the Company relies solely on the particulars provided by the Customer which warrants that those
particulars accurately and completely describe all aspects of the Goods or cargo and the transaction(s) relating to the Goods or cargo.
20. Where the Customer acquires Services under these Trading Conditions as a consumer within the meaning of the Australian Consumer Law,
the Company’s Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the
Services, the Customer is entitled:
to cancel the service contract with the Company; and
to a refund for the unused portion, or to compensation for its reduced value.
The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, the Customer is entitled to have problems with the Service rectified in a reasonable time and,
if this is not done, to cancel the Customer’s contract and obtain a refund for the unused portion of the contract.
Where the Consumer Guarantees under the Australian Consumer Law apply to the Services, and the Australian Consumer Law prohibits the
Company from excluding the application of, or its liability under the Consumer Guarantees, the Company’s liability will be limited for a breach
of a Consumer Guarantee to one or more of the following:
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
Any claim made against the Company is limited to the full extent permitted by Law. To the extent that liability of the Company is limited by
Convention, statute, Law or contract, and that limitation exceeds the limitation of liability pursuant to these Trading Conditions then the
liability pursuant to that Convention, statute, Law or contract shall apply.Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
9. In all cases where liability of the Company has not been excluded, whether by these Conditions, by statute (including the Australian
Consumer Law), or by international convention or otherwise, the liability of the Company whatsoever and howsoever arising is limited to
Australian $200.
Indemnity
1. 2. 3. 4. 5. Without limiting the effect of these Trading Conditions, the Customer shall indemnify and keep indemnified the Company for any loss or
damage directly or indirectly caused by the Goods or by a breach of these Trading Conditions by the Customer, except to the extent caused
or contributed to by the Company.
Without limiting the effect of these Trading Conditions, the Customer shall indemnify and keep indemnified the Company for the matters
listed at clause 13.1(a) – (q) herein.
The Customer undertakes to indemnify the Company in respect of any liability whatsoever and howsoever arising in connection with the
provision of the Services and/or the Goods to any person (other than the Customer) who has or claims to have any interest in the Goods.
The nature of the indemnity provided by the Customer pursuant to these terms and Conditions shall include, without limitation, all
penalties, liabilities, all losses (including indirect and Consequential Loss) and damages assessed against the Company and its officers and
employees, together with all legal costs incurred by the Company (calculated on a solicitor/client basis). The indemnity shall continue in
force and effect whether or not the Goods have been pillaged, stolen, lost, damaged or destroyed.
Moreover, the Customer indemnifies the Company against any penalties, interest, tax or additional duty that is payable as a result of the
Company providing information or making statements to any Government Authority as are necessary for the Company to comply with the
terms of its Licences or Customs Related Laws.
6. The Customer will indemnify the Company for all charges and liabilities arising in connection with the use of any container or containers
including repair costs, cleaning costs and/or detention charges. The Customer’s indemnity will include any reasonable costs, either
administrative or legal, incurred by the Company in recovering from the Customer any amounts owing, pursuant to this indemnity.
14. Indirect Loss
1. Neither the Company nor the Customer shall be liable for any loss suffered by the other party in connection with the Goods or the services
that is an indirect or Consequential Loss including.
2. 4. 5. losses that are purely financial or economic losses;
3. loss of opportunity;
losses in connection with contracts, agreements, or understandings the Customer has with third parties; and
any other losses whatsoever that do not arise directly from physical damage to or loss of the Goods and are consequential in nature.
15. Indemnity by Customer – claims against employees and contractors etc
•
2. 1. The Customer warrants.
3. that no claim or allegation shall be made, whether by the Customer or any other person who is or who may subsequently be interested in
the provision of the Services and/or in the Goods, against any person (other than the Company) by whom (whether it is a Subcontractor,
principal, employer servant, agent or otherwise) the Services or any part of the Services are or is provided which imposes or attempts to
impose upon such person any liability whatsoever and howsoever arising in connection with the provision of the Services and/or the Goods
and if such claim or allegation should nevertheless be made to indemnify the Company and the person against whom such claim or
allegation is made against the consequences of such claim or allegation. For the purpose of this Clause 15.1(a), the Company is or shall be
deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each
of them shall to this extent be or be deemed to be parties to this Contract; and
to indemnify the Company against any claim or allegation made against it by any person in connection with any liability, arising out of or
relating to the provision of the Services and/or the Goods.Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
16. Himalaya Clause
1. Every exemption, limitation, condition and liberty in these Trading Conditions and every right, exemption from liability, defence and
immunity of whatsoever nature applicable to the Company or to which the Company is entitled in accordance with these Trading Conditions
shall also be available and shall extend to protect:
2. 3. 4. 5. every servant or agent of the Company or of a Subcontractor;
every other person (other than the Company) by whom the Services or any part of the Services are or is provided; and
all persons who are or may be vicariously liable for the acts or omissions of any persons falling within paragraphs (a), (b) or (c) herein:
and, for the purpose of this clause, the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of
such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Contract.
17. Insurance
1. Insurance for the Goods is the responsibility of the Customer, and the Company will not affect insurance on the Goods, except upon receipt
of express instructions provided in writing by the Customer to the Company, and the Customer provides a written declaration as to the
value of the Goods.
2. Insurance arranged by the Company are subject to the usual exceptions and conditions of the policies of the insurer or underwriter taking
the risk. At the discretion of the Company such insurance may name the Customer or owner as insured. In the event of any dispute in
regard to liability under any such insurance policy for any reason whatsoever the Customer or other insured shall have recourse against the
insurer or underwriter only and the Company shall have no liability or responsibility in relation to any such insurance policy. The
Customer indemnifies the Company for any and all claims it may have against the insurer or underwriter.
18. Deviation re Method of Services
1. The Customer authorises any deviation from the usual manner in which the Services are provided which may in the absolute discretion of
the Company be deemed reasonable or necessary in the circumstances.
2. If the Customer expressly or impliedly instructs the Company to use or it is expressly or impliedly agreed that the Company will use a
particular method of providing the Services, the Company will give priority to that method, however its adoption remains at the sole
discretion of the Company and the Customer hereby authorises the Company to provide the Services by another method.
3. The Company reserves to itself complete freedom to decide upon the means, route and procedure to be followed in the handling, storage
and transportation of the Goods and is entitled and authorised to engage Sub-contractors to perform all or any of the functions required of
the Company upon such terms and conditions as the Company in its absolute discretion may deem appropriate.
19. Lien
1. 2. 3. 4. The Company, its servants or agents shall have a Particular Possessory Lien and a General Possessory Lien on any Goods and documents
relating to those Goods, and a right to see the Goods and documents, whether by public or private sale or auction, on 14 days’ notice, for
all sums payable by the Customer or the Customer’s principals, servants or agents to the Company, for any and all debts, charges, expenses
or other sums due and owing by the Customer or the Customer’s principals, servants or agents, including, inter alia, freight, customs
import duty and GST, demurrage, container detention, fines, penalties, salvage, average of any kind, storage, and brokerage fees.
In addition, all costs and expenses of exercising the Company’s right of lien, including the sale of the Goods and reasonable legal fees, shall
be covered by the lien.
The lien, and all rights granted herein shall survive delivery of the Goods and the Company shall be entitled to retain the proceeds of sale
of the Goods in relation to any and all outstanding amounts and debt referred to herein. In the circumstance that the proceeds of sale are
not sufficient to cover all amounts payable to the Company, the Company retains the right to recover any deficit from the Customer. The
Company acts as principal and not as agent and is not the trustee of the power of sale when the Company sells or otherwise disposes of
Goods and any documents.
From the time the Company, its servants or agents, receive the Goods into its custody, the Goods and all of the Customer’s present and
future rights in relation to the Goods and any documents relating to those Goods, are subject to a continuing security interest in favour of
the Company for the payment of all the amounts owed for freight, customs import duty and GST, demurrage, container detention, fines,
penalties, salvage, average of any kind, storage, and brokerage fees and without limitation for any at all debts, charges, expenses or anyTrading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
other sums due and owing by the Customer or the Customer’s principals, servants or agents. Further, the continuing security interest shall
cover all the costs and expenses of exercising the lien, including the costs of a public or private sale or auction, including legal
and administration costs.
20. Force majeure
1. The Company shall not be liable to the Customer for any breach or failure to perform its obligations under these Trading Conditions or for
any damage or loss to Goods resulting from one of the following: perils, dangers and accidents of the sea or other navigable waters; act of
God; act of war which includes, inter alia, armed conflict, invasion, insurrection, military coup, civil war, violent civil disturbance,
embargo and shipping blockade; act of terrorism; act of public enemies; pandemic (including circumstances `arising from Covid-19),
epidemic or other major public health emergency; arrest or restraint of princes, rulers or people, or seizure under legal process; strikes or
lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; riots, civil commotions or failures of
government authorities to provide essential services or infrastructure, which are necessary for the performance of the Services; saving or
attempting to save life or property at sea; or any other cause arising beyond the reasonable control of the Company, without the actual
fault or privity of the Company and without the actual fault or privity of the agents or servants of the Company.
2. If the occurrence of any event contemplated herein causes a delay of over 5 Business Days in any obligation of the Company, then the
provision of Services may be terminated by notice in writing by either party to the other party. However, all costs, charges and expenses
already incurred by the Company prior to the termination or arising in connection with the disposal or return of the Goods shall be paid by
the Customer.
21. Perishable Goods
1. Where the Goods are perishable and are not collected or delivered immediately upon arrival or are insufficiently or incorrectly addressed
or marked or otherwise not identifiable, they may be sold or otherwise disposed of upon notice to the Customer, consignor, owner or
consignee of the Goods and payment or tender of the net proceeds of any sale after deduction of all costs, expenses and charges incurred by
the Company in effecting such sale or disposal shall be equivalent to delivery. Such notice will not be required where the Company has
been directed to immediately dispose of the Goods by a direction of a Government Authority.
22. Goods unable to be Delivered
1. Where Goods cannot be delivered either because they are insufficiently or incorrectly addressed or marked or otherwise not identifiable or
because they are not collected or not accepted by the consignee they may be sold or returned at the Company’s option at any time after the
expiration of 21 days from a notice in writing sent to the Customer at the address which the Customer gave to the Company. All costs,
charges and expenses incurred by the Company and arising in connection with the storage, sale or return of the Goods shall be paid by the
Customer and may be deducted from the proceeds of the sale of the Goods.
23. Sale of Uncollected Goods in Storage
1. Where Goods are stored by the Company for the Customer, and they are uncollected for whatever reason they may be sold or returned at the
Company’s option at any time after the expiration of 21 days from a notice in writing sent to the Customer at the address which the
Customer gave to the Company. All costs, charges and expenses incurred by the Company and arising in connection with the storage, sale
or return of the Goods shall be paid by the Customer and may be deducted from the proceeds of the sale of the Goods.
2. If the sale of Goods does not provide sufficient proceeds to discharge all liability of the Customer to the Company, the Customer
acknowledges that it is not released from the remainder of the liability to the Company merely by sale of the Goods.
3. The Company sells or otherwise disposes of such Goods as principal and not as agent and is not trustee of the power of sale.
24. Director’s Guarantee
1. Debts.
At all times if the Customer is a corporate entity under the Corporations Act, the directors and shareholders of that corporate entity will
guarantee the Debts, undertake to perform the obligations of the Customer and indemnify and keep indemnified the Company against the
2. The Customer shall ensure that its directors and shareholders will sign any other documents required by the Company to evidence and
confirm any guarantee, undertaking and indemnity.
25. PPSATrading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
1. The Customer acknowledges that the Company shall have a Security Interest which attaches over any Goods, and that the Company may, at
the Customer’s cost, register its security interests granted by the Customer under these Trading Conditions, and all the Customer’s present
and future rights in relation to the Goods, on the Personal Property Securities Register established under PPSA. The Customer consents to
the registration and perfection of the Security Interest under PPSA.
26. GST
1. 2. 3. This clause applies if the Company is or may become liable to pay GST in relation to any Supply under these Trading Conditions.
Unless otherwise stated, all charges quoted are exclusive of GST. In addition to such charges, the Customer must pay GST on the Taxable
Supply to the Company of an amount equal to the GST exclusive consideration multiplied by the GST Rate.
GST is payable by the Customer without any deduction or set-off for any other amount at the same time as the GST exclusive consideration
is payable.
4. The Company shall provide to the Customer a Tax Invoice to enable the Customer to claim an Input Tax Credit.
27. Non-Consumer Contract and Non-Small Business Contract provisions
1. This clause 27 only applies where the Service Agreement between the Company and the Customer is not a Consumer Contract nor a Small
Business Contract.
2. The Customer shall not assign the Customer’s rights or transfer the Customer’s obligations under the Service Agreement without the
Company’s prior written consent. The Company may assign the Company’s rights and obligations under the Service Agreement without the
Customer’s consent.
3. 4. 5. 6. 7. 8. 9. 10. 11. Any amendments or variation to the Trading Conditions must be made in writing and duly executed on behalf of the Company.
The Company, at its discretion, may decide the manner or procedure to be implemented in undertaking the Services for the Customer. That
discretion can only be varied by the Company by written instructions from the Customer and acknowledged by the Company in writing, in
sufficient time before the performance of the work to reasonably allow the Company to adopt the revised instructions.
The Company shall have no liability or responsibility by virtue of the fact that there may be a change in the rate of customs duty, GST,
wharfage, freight, railage or cartage, or any other tariff before or after the performance by the Company, or any act involving a less
favourable rate or tariff , or by virtue of the fact that a saving may have been effected in some other way had any act been performed at a
different time and whether its performance of any of the acts aforesaid is delayed or precipitated through the negligence of the Company
however caused.
Any term in these Trading Conditions which limits the Company’s liability will also extend and apply to any employees, nominees, Sub-
contractors and agents, and each of these persons or entities shall be deemed to be a party to these Trading Conditions.
The Company undertakes that no claim or allegation will be made against the Company’s employees, nominees, Sub-contractors or agents.
This release and indemnity operates irrespective of how the claim or allegation arises, including negligence or breach of contract.
The indemnity provided in subclause 13.7, shall not be affected in any way if such pillage, stealing, loss, damage or destruction has
occurred or been brought about wholly or in part by the negligence of the Company.
Except in relation to any rights the Customer may have in relation to the Consumer Guarantees, the Customer undertakes and warrants that
neither it, nor any other party that has an interest in the Goods or Services, shall bring any claims against any party that has provided all
or any part of the Services (including any Sub-contractor, principal, employer, employee, nominee or agent of the Company) and where any
such claims are made by the Customer or any other interested party, the Customer shall indemnify all parties against whom the claim or
claims are made (including the Company) against any loss or damage that may be suffered.
In all cases where the liability of the Company has not been excluded (by these Trading Conditions, statute, international Convention or
otherwise), the liability of the Company whatsoever and howsoever caused shall be limited to whichever is the lesser between the value of
the Goods or AUD200.
The Company shall not be liable in any event for any Consequential Loss.
28. Consumer Contract or Small Business Contract provisions
1. This clause only applies to the extent that the Service Agreement between the Company and the Customer is a Consumer Contract or Small
Business Contract.Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
2. 3. 4. 5. Neither the Company or Customer may assign or transfer its or the other party’s rights or obligations under the Service Agreement without
the other Party’s prior written consent, which must not be unreasonably withheld.
No variations or changes to these Trading Conditions shall be valid and binding without the other Party’s written consent, which must not
be unreasonably withheld.
The Company, acting reasonably, reserves the right to decide the manner or procedure to be adopted for any or all of the various acts that
will be necessary for the completion of the Services.
The Company shall have no liability or responsibility by virtue of the fact that there may be a change in the rate of customs duty, GST,
wharfage, freight, railage or cartage, or any other tariff before or after the performance by the Company, or any act involving a less
favourable rate or tariff , or by virtue of the fact that a saving may have been effected in some other way had any act been performed at a
different time.
6. 7. Where the Company accepts instructions to deliver on a COD basis, the Company is not liable for any loss or damage arising from such
instructions or such collection, except to the extent that the loss or damage was caused by the Company.
The Company shall not be liable in any event for any Consequential Loss.
Additional Terms and Conditions
Motor vehicles and motor bikes
28. Freight Quotes
1. All quotations for vehicles, boats and are valid for 30 days unless otherwise stated.
2. All government charges are excluded from quotation such as import GST, import duty, quarantine fees.
3. Customs import duty will be charged unless a valid free trade agreement is presented.
4. All AUD Charges are subject to 10% GST
5. Payment for all shipments is required as cleared funds prior to release of cargo from the port of discharge. In situations where the value of
the boat or yacht is less than freight costs payment is required to be made in full prior to shipping from the port of loading.
6. If payment is not made, and the correct customs paperwork provided prior to the arrival of the vessel into Australia IL Global Holdings Pty
Ltd reserves the right to move the Goods, at Customer’s cost, to a customs bond or free store warehouse to avoid excessively high wharf
storage fees.
7. 8. All storage fees (if applicable) are payable by the Customer prior to release of the Goods.
Futile trips – If IL Global Holdings Pty Ltd has arranged transport, cranes or any mobile service on behalf of the Customer and cargo cannot
be picked up or dropped off because of any reason whatsoever the Company reverses the right to charge up to the full amount of the
transport price quoted.
29. Space and Equipment Availability
1. 2. All bookings are subject to the shipping lines space and equipment availability
Crane fees can be charged if, for example, if the cradle is not safe or built to be fork lifted.
30. Inner Cargo
1. The Company is not liable for loss, damage, delays or theft of any inner cargo in vehicles, motorhomes caravans, boats or yachts shipping
on Roll on Roll Off or Breakbulk vessels.
2. 3. 4. All Inner cargo is shipped at the sole risk of the Customer.
All Personal effects must be declared and packing list provided.
Note not all Shipping lines or trucking companies accept inner cargo or personal effects so this may cause additional futile trip, storage,
gate out, and or delays to the shipment.Trading Terms & Conditions for shipping clients
Il Global Holdings Pty Ltd T/as A to Z Imports
31. Dimensions
1. 2. The Company accepts NO responsibility for any change in the dimensions. The shipping lines and terminals measure the cargo in which our
freight rates are based. If the Customer disagrees with any dimensions provided by shipping lines or terminals the Customer shall contact
the Company for clarification.
Re-measurements can be arranged. Each shipping line has different policies on this. Some charge for a surveyor, while others allow this for
free, others only allow remeasurement prior at the export terminal.
32. Quarantine
1. 2. The Company is not liable for any additional quarantine charges for cleaning, transport, re-inspection or attendance.
Quarantine regulations and costs vary from state to state, and by commodity.
33. US Customs Examinations
1. In the event a container is pulled by US customs for exam, all associated charges will be divided and spread across each consignment based
on the total cubic metre usage in the container
34. Asbestos
1. 2. 3. All vehicles and motorbikes must be tested and cleared of asbestos before departing for Australia.
The Company will ensure there is due diligence performed in finding and removing asbestos from all vehicles & motorbikes. Refusal to
remove or test components may result in shipping being declined. All penalties and removal costs will be charged to the Customer.
Any parts tested for asbestos will have samples taken that may compromise the part/s. The Company is not responsible for, nor liable for,
the condition of tested parts.
35. Damage
The Company is not liable for the below types of damage. Also note that any insurance policy may not cover these circumstances;
• Vehicle Spoiler damage with a ride height below 150mm
• Any mechanical faults
• Rust / Corrosion
• Electrical faults including any battery related issues
• Damaged caused by bio-security cleaning done either onshore or offshore
• Damage caused by quarantine treatments such, but not limited to heat treatment, steam cleaning, or fumigation
• Damage to any inner cargo
• Windscreen
• Parts/items subject to asbestos testing &/or removal
• Any and all damage to vehicles of an age of 25 years or greater
• All Trailers must be fit for purpose for travelling and being towed on a road (unless the Customer advised the Company in writing at the
time of booking that the Trailer must travel on a truck-tray). The Company will have no liability whatsoever to the Customer for any loss or
damage caused to a trailer, any third-party property, or any other loss or damage whatsoever, and the Customer shall indemnify the
Company in connection with any and all loss caused because the trailer is being towed on any road.
All Goods must have an independent pre-purchase or pre-shipping report completed for any claim to be considered.
Q U O T E T O D A Y