Import USA Boat and the other party(s) hereto (“Customer”)agree that the procurement of (“Procurement”) the receipt, packing, storage, transportation, delivery and/or other handling (“Handling”) of the goods(“Goods”) the subject hereof is provided by Import USA Boat subject to the terms and conditions set forth in the schedule of Terms and Conditions attached hereto.
These conditions apply to all business undertaken by Import USA Boat. All other terms and conditions are expressly excluded. If a Customer wishes to contract with Import USA Boat on other terms, special arrangements must be made and revised prices quoted. However, such arrangements will only apply when in writing and signed by the owner for the time being of the Import USA Boat.
The terms and conditions set out herein will prevail over the terms and conditions set out in any other document whether used by the Customer, or any other person having an interest in the Goods.
This agreement will be governed by Australian law and will be within the exclusive jurisdiction of the Australian Courts. No proceedings shall be instituted against Import USA Boat in respect of any dispute except in Australia.
If any part hereof shall be repugnant to any binding law from time to time in force such shall be deemed varied in such manner as not to be repugnant but as shall otherwise best serve the interests of Import USA Boat.
Ocean Freight Validity – The quoted ocean freight rate and additional services is valid for acceptance for 14 days from date of issue upon acceptance the ocean freight rate will remain valid for a period of 2 months or for any other stated or unstated validity period by Import USA Boat. The rate remains subject to any General Rate Increase (GRI) Bunker Adjustment Factor (BAF) announced during this period and or time extensions prior to shipping.
Vessel Scheduling, Space and Equipment Availability – The quoted ocean freight rate is subject to vessel scheduling, space availability and equipment availability.
Additional Charges The quoted ocean freight rate is exclusive of additional charges and is subject to prevailing BAF Export at the time of export. PSC, Export Doc Fee, Import PSC, Special Equipment Surcharge, Over dimensional Surcharge, Hazardous Surcharge, Pre/Post Carriage. Removal of cargo from terminal is at owners expense.
Cargo Estimates & Invoicing: All cargo estimates issued are based on supplied information only. If dimensions or information are incorrect you will be billed accordingly. The Customer is liable and responsible for anything and everything not expressly assumed by Import USA Boat in the terms hereof.
Any claims, loss, damage, expense and fine arising from any inaccuracy or omission relating to the Goods, Handling and/or Procurement, whether caused, contributed to or arising from the negligence of the Import USA Boat or otherwise.
Taxes / Duties – If GST or duties or any equivalent national tax/duty is payable in relation to any rates and / or charges for any service or part thereof supplied under this quotation, the applicable amount will be added to the price for that service or part thereof and is payable by the client upon demand by agent whether such demand is by means of invoice or otherwise.
Volumes, Dimensions and Weights – The quoted ocean freight rate is provided upon the basis of volumes and/or dimensions and weights indicated by the client. Should these alter the Import-USA-Boat reserves the right to re-quote.
Inspection of Cargo for Contaminants – Any containers / break-bulk -RO/RO cargos that are not free of contaminants may be rejected for transit. Should the exported cargo be held by quarantine authorities for cleaning, then all associated costs will be to account of the cargo owner / client. Ensure that cargo is presented for shipment free from any soil, dust, mineral or organic matter. This includes both internal and external surfaces (cabins, machinery, hulls, bilges, carpets, tyres wheels and arches)
Terms and Conditions of Carriers Bill of Lading – All bookings and shipments are received and accepted subject to all the terms and conditions of the carrier’s regular form of bill of lading or sea/air waybill (contract of carriage), as the case may be, including the applicable law as incorporated by the relevant bill evidencing the contract of carriage. The terms and conditions apply immediately upon acceptance of this booking by or on behalf of the carrier. By confirming this booking the merchant (shipper and/or freight forwarder) acknowledges that they have read and that they accept the terms and conditions and applicable law above, and that these terms and conditions are available to them.
Inherent Vice – The Carrier / Import-USA-Boat shall not be liable for compensation in respect of any loss and/or damage arising from the inherent vice of the cargo, including but not limited to, cargo prone to sweating due to excessive moisture.
Boats / Used Vehicles / Machinery – For Boats /Vehicles and Machinery the Carrier shall not be liable for mechanical and/or impact damage unless proven that the damage is a result of Carrier’s negligence, subject to the bill of lading terms.
Mobile Cargo – The above freight rate is based upon all mobile cargo being fully drivable or towable. If the cargo is drivable, and it is possible, please include an “Operation Manual Book” (which illustrates how to start, drive / stop the unit).
Insurance – Import-USA-Boat accepts no responsibility for loss or damage. It is agreed by both parties Import-USA-Boat and the client that transit insurance is the responsibility of the client and client obligation to arrange unless expressly stated by Import USA Boat.
No insurance will be effected on the Goods except upon express instruction given in writing by the customer and accepted by the Import USA Boat in writing.. All insurances effected by the Import USA Boat or the sub contractors are subject to the usual exceptions and conditions of the policies of the insurer or underwriter taking the risk. Should for any reason insurers dispute liability the customer as insured will have recourse against the insurer only and shall have no recourse against the Import USA Boat whatsoever and any recourse by the customer shall be against the insurers.
Payments – Booking deposits will be accepted in AUD unless otherwise specified. Final payments and accounts will be issued in USD unless otherwise specified. Receipt of shipping deposit will acknowledge your acceptance of full terms & conditions in the event that signed quote acceptance is not received.
Sub Contractors – Import USA Boat shall be entitled, at the absolute discretion of the Import USA Boat, to sub contract all or any of the Procurement on such terms and conditions as it sees fit. The Client accepts that any conditions, stipulations and limitations imposed by such sub contractor including contained in but not limited to consignment notes, bills of lading, airway bill, and/or other conditions of carriage shall be deemed a term hereof. In addition, any such sub contractor shall be afforded all the rights, defences, exceptions, exemptions from liability and immunities available under these terms and conditions as if a party to this contract.
Route and Method – Import USA Boat reserves the right to without notice to the Client and in its absolute discretion to in whole or part depart from the Handling agreed, including departing from the customers instructions in any and every respect if, in the opinion of Import USA Boat, such is reasonably necessary and/or desirable.
If any event occurs or appears likely to occur, whether or not it existed or could be foreseen when this contract was entered into, which for any reason in the sole judgement of Import USA Boat is likely to or will delay any whole or part of the Handling of the Cargo or render it in any way impracticable, imprudent, unlawful or against the best interests of the Client for Import USA Boat to continue the Procurement in the manner intended, Import USA Boat will be entitled to consent to the Cargo being discharged at any alternative port or place, including the port of lading, which may be selected by Import USA Boat at its absolute discretion. Such port or place will then be deemed for all purposes to be the contractual place of delivery for the Cargo, or that part of the goods which has been discharged or retained, and freight and Import USA Boat charges shall be deemed to be earned. The Client shall there take delivery of the Cargo and pay any additional costs and expenses incurred by the Import USA Boat or the subcontractors in the carriage of the goods to and the discharge at the port or place. If after the discharge of the Cargo, Import USA Boat makes arrangements for the storage, forwarding or transhipment it is agreed that it will do so as forwarding agent only for and at the sole risk and expense of any Client in respect of any storage, freight and/or other charges thereby incurred and to pay Import USA Boat customary charges in respect thereof and these conditions of contract will continue to apply to such services. Where freight is discharged and Import USA Boat charges are incurred pursuant to this clause at any alternative port or place under the provisions of this clause the consignee or the Client at the option of the Import USA Boat for the Import USA Boat services. Import USA Boat shall have a lien on the Cargo for all freight charges and expenses payable by the consignee or the Client under the provisions of this clause.
Liability: Import USA Boat
The Handling will be “at limited carrier’s risk” unless:
The Customer or its agent has signed on the face hereof or any other documents relating to the carriage of the goods, a statement in the following terms:- “These goods are to be carried at “owners risk”. This means that the carrier will pay no compensation if the goods are lost or damaged unless it intentionally loses or damages them” or
There is a contract in writing expressed to be “at owner’s risk” signed by the parties or their agents relating, but not necessarily exclusively, to the carriage of goods. or
The Customer is a “carrier” as defined in the Act in which case the contract will be “at owner’s risk”.
The Import USA Boat will not be liable whether or in respect of or in connection with any loss or damage whatsoever or howsoever arising without restriction to the foregoing whether such loss or damage arises out of any Goods, instructions, advice, information, quotations, statements, services, representations or otherwise whether directly or indirectly suffered consequential loss, loss of market or consequences of delay or deviation wheresoever, whatsoever howsoever caused and/or occurring.
In the eventuality that the Import USA Boat shall admit liability or notwithstanding the terms hereof the Import USA Boat shall be held by any Court of competent jurisdiction liable for loss or damage whatsoever howsoever then the Company’s liability will not exceed such amount as shall be from time to time set by law (if any) or if no law shall be applicable $1.00.
Without prejudice to the terms hereof, any claim by the Customer or owner of the Goods against the Import USA Boat must be made in writing and notified to Import USA Boat:
in the case of damage to Goods within 14 days of their delivery;
in the case of delay in delivery or non-delivery within 14 days of the date when the Goods should have been delivered; and
in any other cases within 14 days of the event giving rise to the claim. Any claim not so made and notified will be deemed to be waived and absolutely barred. In addition, Import USA Boat will in any event be discharged from all liability whatsoever in respect thereof unless legal proceedings are instituted in Australia against the Import USA Boat within 6 months of the applicable aforesaid date.
The Customer for itself and the owner of the Goods undertakes that no claim or allegation will be made against any servant, agent or subcontractor of Import USA Boat which attempts to impose upon any of them any liability whatsoever in connection with the Goods Handling and/or Procurement. In the eventuality that notwithstanding the terms hereof such claim or allegation shall be made every servant, agent or subcontractor shall be afforded the rights, defences, exceptions, exemptions from liability and immunities available under these terms and conditions as if a party.
Without prejudice to the exceptions and limitations contained in these Conditions, Import USA Boat will be entitled to the benefit of all exceptions and limitations in favour of the carrier or other person storing or handling the goods (such other person together with the carrier being hereinafter called “the Carrier”), contained in the Import USA Boat contract with the Carrier. The Customer will not seek to impose on the Carrier any liability greater than that accepted by the Carrier under such contract.
No act or omission (save the deletion of this clause) shall have the effect of creating any relationship between the Import USA Boat and Customer except that of Principal and Agent. Import USA Boat is a procuring agent only whereby it secures the Handling services the subject hereof for the Customer and enters into contracts on the Customer’s behalf. The Company is not a carrier and does not make or purport to undertake any receipt, packing, storage, transportation, deliver and/or other handling itself.
Every servant agent and/or sub contractor of Import USA Boat, will have the benefit of all the provisions of this contract benefiting Import USA Boat as if such provisions were expressly for their benefit and on entering into this contract with Import USA Boat, to the extent of these provisions, does so not only on its own behalf but also as agent and trustee for such servants agents and sub contractors.
Liability of Customer
The Customer is liable and responsible for anything and everything not expressly assumed by the Company in the terms hereof.
Without prejudice to any other term hereof, Import USA Boat will have the right to enforce any liability of the Customer under these conditions or to recover any sums to be paid by the Customer under these conditions not only against or from the Customer but also, if it thinks fit, against or from the consignor and/or the consignee and/or the owner of the goods.
In addition to and without prejudice to the foregoing conditions, the Customer will be liable for and undertakes that it will in any event and hereby does indemnify Import USA Boat against all liabilities whatsoever suffered or incurred by the Import USA Boat, arising directly or indirectly from or in connection with the Goods, Handling and/or Procurement including but without restriction to the generality of the foregoing;
The Customers instructions or their implementation and in particular any liability whatsoever it may be under to the servants, agents or subcontractor of any hauler, carrier, warehouseman or other person whatsoever at any time involved with the Goods arising out of any claim made directly or indirectly against any such by the Customer or by any consignor or consignee or owner of the goods or by any person interested in the Goods or by any person whatsoever.
Any allegation or claim made by the Customer.
All duties, taxes, imposts, levies, deposition, demurrage or outlays of any kind whatsoever levied by any authorities and any port or place for or in connection with the Goods and/or the Handling.
Payments, fines, expenses, loss or damage whatsoever incurred or sustained by Import USA Boat due to industrial strikes, lockouts, civil commotions, riots or other-cause outside the reasonable control of the Company or subcontractor.
Any claims, loss, damage, expense and fine arising from any inaccuracy or omission relating to the Goods, Handling and/or Procurement, whether caused, contributed to or arising from the negligence Import USA Boat or otherwise.