Terms and Conditions
When using M3’s services you, as “Customer”, are agreeing, on your behalf and on behalf of anyone else with an interest in the goods, that the Terms and Conditions shall apply from the time that M3 accepts the goods unless otherwise agreed in writing by an authorised officer of M3 Logistics.
Customer – means person named in any order or similar documents that requests provision of service, any person acting on behalf of , and with the authority (expressed or implied) of the customer engaging the service or any person who delivers goods to M3 for services to be carried out.
Goods – means the cargo accepted from or on behalf of, the customer together with containers, packages, pallets, crates, cases and equipment for the use in connection with the storage, handling and cartages of the cargo
Loss -means loss or damage of any kind and includes loss of profits, loss of revenue, liabilities in respect of third parties, loss of anticipated savings or business, pure economic loss, loss of opportunity and any form of consequential, special, indirect punitive or exemplary loss or damages whether or not a party was advised of the possibility of such loss or damage
M3 Personnel – means any officers, employees, agents or subcontractors of M3
Services – means all of the services and operations (including cartage, transport, handling, storage) undertaken in respect of the goods by M3 in any capacity for the customer.
2. Unacceptable Shipments
Customer agrees that its goods are acceptable for transportation and is deemed unacceptable if:-
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
- no customs declaration is made when required by applicable customs regulations;
- it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearerform negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
- it contains any other item which M3 decides cannot be carried safely or legally, or
- its packaging is defective or inadequate.
- Any quotation by M3 may be withdrawn by M3 at any time is not to be construed as an offer by, or an obligation on, M3 to supply services.
- Services are provided at the rates notified by M3 at the time of it acceptance of the relevant order
- M3 may accept, refuse or cancel any order in it absolute discretion and may make its acceptance of an order conditional
- The customer must provide M3 with accurate details in each order. M3 is under no obligation to enquire as to the accuracy of the details in any order or whether the services will be fit for purpose required by the customer
4. Deliveries and Undeliverables
Goods cannot be delivered to PO boxes or postal codes. Goods are delivered to the Receiver’s address given by Customer but not necessarily to the named Receiver personally. Goods to addresses with a central receiving area will be delivered to that area. If the Goods is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, M3 shall use reasonable efforts to return the Goods to Customer’s shipping address at the Customer’s cost,
- Acceptance of goods by M3 for storage pending shipment shall not bind M3 to ship the goods and M3 may suspend or stop indefinitely supplying the services at any time
- M3 is not liable for any delay in delivery out of goods or in the supply of services and M3 reserves the right to extend the date for the delivery out of the goods
- M3 may at any time request the customer to remove their goods from M3 location at the customer’s expense
- The customer must provide prior written instructions regarding any special handling, storage or transport requirements including difficult deliveries and requirement of 2 man deliveries. Failure to do so will result in additional charges at the customer’s expense.
M3 has the right to open and inspect a Shipment without notice.
7. Delivery Charges
M3’s delivery charges are calculated according to the higher of actual or volumetric weight and any goods may be re-weighed and re-measured by M3 to confirm this calculation. The Customer shall pay or reimburse M3 for all Shipment charges, ancillary charges, duties and taxes owed for services provided by M3 or incurred by M3 on Customer’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport.
8. M3’s Liability
Services are supplied at the customers own risk and the customers bears all risk of loss or arising in connection with the goods.
- All warranties, descriptions, representations, guarantees or conditions, whether express or implied by law, trade, custom or otherwise and all specific conditions even though such conditions may be known to M3, are to the fullest extent expressly excluded
- M3 and M3 personnel are not liable for any delay or loss arising from the supply or failure to supply services (including any loss of, deterioration in, miss delivery out of , or failure to deliver out, goods) for any reason whatsoever, including breach of contract, negligence, breach of duty as bailee ot the willful act or default of M3 or M3 personnel. Should the customer require insurance on any services provided by M3 then it is required to source and maintain their own insurance.
9. Delayed Shipments
M3 will make every reasonable effort to deliver the goods according to M3’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. M3 is not liable for any damages or loss caused by delays.
10. Circumstances Beyond M3’s Control
M3 is not liable for any loss or damage arising out of circumstances beyond M3’s control. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to M3; any act or omission by a person not employed or contracted by M3
– e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
11. Customer Warranties and Indemnity
Customer shall indemnify and hold M3 harmless for any loss or damage arising out of Customer’sfailure to comply with any applicable laws or regulations and for Customer’s breach of the followingwarranties and representations:-
- all information provided by Customer or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by the customer’s employees;
- Customer employed reliable staff to prepare the Shipment;
- Customer protected the Shipment against unauthorised interference during preparation,storage and transportation to M3;
- the delivery is properly marked and addressed and packed to ensure safetransportation with ordinary care in handling;
- all applicable customs, import, export and other laws and regulations have beencomplied with; and
- the Con note has been signed by Customer’s authorised representative and the Terms andConditions constitute binding and enforceable obligations of Customer.
Customer agrees to all routing and diversion, including the possibility that the Shipment may becarried via intermediate stopping places.
13. Invoicing and Payment
- M3 will produce to the customer a Tax invoice for the supply of goods and services and the customer must pay these charges along with any duties or taxes that may apply.
- Unless specically notified in writing all invoices are due and payable with in 14 days from Invoice date
- In the event of non payment M3 may seek outside collection agents and all costs associated with the collection will be the responsibility of the customer.
- If M3 makes credit available to the customer M3 may at its own discretion cease to supply services to the customer on credit at any time for any reason. M3 is not required to notify the Customer for the reason for ceasing credit
14. Personal Property Security Act
- In this clause any terms defined in the Personal Property Securities Act 2009 Cth. (PPSA) have the same meaning as in the PPSA. As security for payment of all charges, costs, expenses and other amounts due to M3 (whether presently or in the future, actually or contingently) under this agreement, CUSTOMER grants a security interest to M3. The collateral is any Goods which M3 holds in the course of this agreement from time to time. The CUSTOMER acknowledges that each Consignment confers upon M3 possession to the exclusion of the CUSTOMER for PPSA purposes.
- Upon termination of this agreement for any reason, or if CUSTOMER is in breach of this agreement in relation to the payment of money, M3 may retain possession of the collateral and/or enforce its security interest in respect of it in any manner not prohibited by the PPSA. Until then, M3 agrees not to enforce or retain and M3 will release and deliver so much of the collateral as is necessary for the purposes of M3 performing the Services in the course of this agreement.
CUSTOMER must do anything which M3 requires for the purposes of ensuring that M3’s security interest is enforceable, perfected, first in priority and otherwise effective under the PPSA. The following provisions of the PPSA do not apply and, for the purposes of section 115 of the PPSA are “contracted out” of this document: sections 95 (notice of removal of accession to the extent it requires M3 to give a notice to the CUSTOMER), 96 (retention of accession), 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires M3 to give a notice to the CUSTOMER);section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
The following provisions of the PPSA: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on M3. CUSTOMER agrees that in addition to those rights, M3 shall, if there is default by the CUSTOMER, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the CUSTOMER agrees that M3 may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
CUSTOMER waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA…The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The CUSTOMER must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to M3 the benefit of section 275(6)(a) and M3 shall not be liable to pay damages or any other compensation or be subject to injunction if the M3 breaches this sub-clause.
The provisions of this agreement about security interests are separate and in addition to and do not consent to or affect, and are not affected by, any lien or other interest arising in M3’s favour under general law or legislation other than PPSA such as the NSW Warehousemen’s Liens Act 1935 or similar legislation in any other jurisdiction. M3 may choose whether to exercise rights under this document and/or any rights it may have under such other law, as it sees fit.
15. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall besubject, for the benefit of M3, to the non-exclusive jurisdiction of the courts of, and governed bythe law of, the country of origin of the goods and Customer irrevocably submits to suchjurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Termsand Conditions.