Terms and Conditions
ABN 19 605 454 180
Service Conditions
Icehouse Logistics Pty Ltd.
A.B.N 19 605 454 180
SERVICE CONDITIONS
“Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) asamended.
“Icehouse Logistics” means Icehouse Logistics Pty Ltd ABN 19 605 454 180 carrying on business in its own name or under any other registered or unregistered business name. “Chain of Responsibility Laws” means the chain of responsibility laws that form part of the Heavy Vehicle National Law 2013 (NSW).
“Client” means the person, firm or company that has engaged Icehouse Logistics to provide the Services.
“Goods”meanthecargo,articlesorgoodswhichtheClientoranyotherpersonhasprovidedtoIcehouseLogisticstogetherwithanyothercontainer,anyotherpackaging,palletsor otherstoringdevice for carriage by Icehouse Logistics. “Icehouse Acceptance” has the meaning given in Clause 37.
“GST” has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth). “PPSA” means Personal Property Securities Act 2009 (Cth).
“Prohibited Goods” means any Goods or materials which are prohibited to be carried by any law, rule or regulation of any State, the Commonwealth of Australia or any country in or over which the Goods travel, including but not limited to arms and ammunition.
“Service Conditions” means the terms and conditions of service set out in this document. “Service Request” means a written request by the Client for the Services.
“Services”meansthewholeoftheoperationsandservicesundertakenbyIcehouseLogistics,includingbutnotlimitedtoforwarding,clearing,shipment,carriage,transportand/orstorageofanyGoods.
Application of Service Conditions
Unless otherwise specifically agreed in writing by Icehouse Logistics, these Service Conditions apply to and are incorporated into every Services Request placed by the Client to the exclusion of the Client’s conditions of purchase and service or any other document or terms and, unless such conditions are expressly accepted by Icehouse Logistics in writing, the Client acknowledges that such conditions are expressly negated.
The Client enters into these Service Conditions as agent for each relevant owner of the applicable Goods and these Service Conditions will bind the Client and each relevant owner of the applicable Goods.
Nothing in these Service Conditions constitutes a representation by Icehouse Logistics to the Client that it has an ongoing obligation to supply Services to the Client for a specific period of time or on an ongoing basis.
The Client accepts the Service Conditions by doing any of the following:
signing a document containing or referring to the Service Conditions;
submitting a Services Request to Icehouse Logistics; or
accepting delivery of, or taking possession of, any Goods.
Icehouse Logistics not CommonCarrier
Icehouse Logistics is not a common carrier and accepts no liability as such.All Goods are carried and all storage and Services are performed by Icehouse Logistics subject only to these Service Conditions and Icehouse Logisticsreserves theright to:
refusethetransportation or storageofany Goods or to provide any other Services, whether before or after the transportation of the Goods has commenced;
open any documents, envelope, package or other container in which the Goods are placed or packaged, or the Goods, to inspect the Goods and determined the nature or condition of the Goods or to repack the Goods or where any consignment note or identifying document or mark is lost, damaged or destroyed, to ascertain the ownership or destination of the Goods, and
when doing so, will use reasonable efforts to limit any damage to Goods or their package to the maximum extent possible.
Icehouse Logistics does not accept for transport or storage any livestock, plants, cash or other negotiable instruments, jewellery or other valuables, cigarettes or other tobacco products or Prohibited Goods.
Liability
To the maximum extent permitted by law and subject to Clause 9 and to this Clause, all risk in any Goods will rest with Icehouse Logistics from the time of receipt of the Goods until such time as the Goods are no longer in the possession of Icehouse Logistics or its agent, subcontractor or related companies. Icehouse Logistics will be responsible to the Client for any direct loss causedbythenegligenceorbreachof these Service Conditions orwilful actordefault or misconduct ofIcehouse Logistics or any of its employees, contractors, subcontractors or agents. Any proceedings against Icehouse Logistics mustbe broughtwithin 12 months from the date of delivery of the Goods or the date on which the Goods should have been delivered. This Clause applies to the maximum extent permitted by law and is subject always to Clause 9 of these Service Conditions.
No Insurance Available
IcehouseLogisticsdoes not provideinsuranceonbehalfoftheClient. The Clientacknowledgesand agreesthat it is the Client’sresponsibility toarrange appropriateinsurance cover in respect of the Goods. Icehouse Logistics agrees to hold and maintain public liability insurance for an amount not less than $20,000,000 in relation to any one occurrence in respect of the delivery of the Goods.
Australian Consumer Law
Nothing contained in these Service Conditions excludes, restricts ormodifies orhas theeffect ofexcluding, restricting or modifying theapplication of any provision of the Australian Consumer Law or any applicable State, Territory or Commonwealth Act or other law thatcannotbeexcluded,restricted ormodified.
Client’s Warranties
The Client warrantsthat:
it is the owner of the Goods or it has the authority or permission and is the agent of the relevant owner of the Goods, to arrange or accept the provision of Services by Icehouse Logistics in respect of such Goods;
ithascompliedwithallapplicable lawsrelatingtothepackaging,labelling,storageorcarriageofthe Goodsandthe Goodsare packedinamanneradequatetowithstandtheordinaryriskoftheServices havingregardtotheirnature;
eachconsignmentwillbeaddressedwithwrittendeliveryinstructionstoenableeffectivedelivery;
itwillnotdirectlyorindirectlyrequire Icehouse Logisticstoprovidethe Servicesin breachof anyapplicableroadtransportorotherlawincludingbut notlimitedtodangerous goods, mass, dimension, load restraint, driving hours or fatigue or directly or indirectly offer any reward or inducement to do so;
it will ensure the conformity of any containers, packaging or pallets or other objects in or on which the Goods are stored, packaged or contained with any requirement of the consignee or any relevant person or authority;
all containers, packaging and pallets used are fit for purpose, in a safe condition and meet any reasonable requirements of Icehouse Logistics;
the description, items, pallet space, quantity, weight, quality, value and measurements in respect of the Goods supplied by the Client are correct;
where required by law, it has accurately completed and supplied a container weight declaration form;
there is a suitable practicable route and approach for Icehouse Logistics’ vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered;
the Goods are not Prohibited Goods; and
any Goods which are dangerous cargo are stated on the front of the Goods to be dangerous cargo and that the true nature and description of those Goods is fully declared and recorded in the description and particulars of the Goods furnished by the Client to Icehouse Logistics, and acknowledges that additional charges may apply in respect of the Services if any of the above warranties is not correct.
To the maximum extent permitted by law, theClientindemnifiesIcehouseLogistics fromandagainstallliabilityIcehouseLogisticsmaysufferorincurasaresultoforarising outof:
theClient’s failuretocomply with or observeanyofthesewarranties; and
any Goods which are dangerous cargo or which is incurred or otherwise arises as a result of any Goods being dangerous cargo, whether or not the nature of the cargo has been fully disclosed to Icehouse Logistics in accordance with Clause 10.k.
Suchliabilitywillincludebutnotbe limitedtoanydamages,costs,losses,penaltiesorexpenses (including legal fees)IcehouseLogisticsmaysufferorincur as a result of or arising out of the Client’s breach of any of the warranties under this Clause 11. The indemnity under this Clause will be reduced proportionately to the extent that such loss, damage, costs, losses, penalties or expenses was caused or contributed to by Icehouse Logistics, their employees, contractors oragents.
Icehouse Logistics Warranties
Icehouse Logistics warrantsthat:
it, its agents or contractors will provide the Services at all times exercising due care, skill and diligence in a timely manner;
it will comply with any applicable laws;
it will comply with any reasonable directions of the Client in relation to the provision of the Services;
it will use appropriately skilled, qualified and experienced personnel; and
it will maintain all agreed licences, approvals and permits required in order for it to provide the Services.
To the maximum extent permitted by law, Icehouse Logistics indemnifies the Client from and against any and all liability, loss, damage, expenses (including disposal costs) and claims the Client may suffer or incur as a result of or arising out of Icehouse Logistics’ breach of any of the warranties under this Clause 12. The indemnity under this Clause will be reduced proportionately to the extent that such loss, damage, costs, losses, penalties or expenses was caused or contributed to by the Client, their employees, contractors oragents including any owner of the Goods.
Icehouse Logistics Limitation of Liability
To the full extent permitted by law, Icehouse Logistics is not liable for any advice given by its employees, contractors or agents with respect to the suitability or fitness for purpose of the Services and the Client must rely solely on its own knowledge, expertise and experience.
Other than the warranties specified in Clause 12 and any applicable consumer guarantees that are imposed by statute (including under the Australian Consumer Law), which are not excluded, modified or restricted by this Clause, the Client acknowledges and agrees that Icehouse Logistics makes no representations and gives no warranties that the Services are fit for any particular purpose. The Client must independently assess the suitability of the Services for its needs prior to requesting the Services.
Subject to Clause 14, where any condition or warranty is implied by law and cannot be excluded, restricted or modified by agreement or may be excluded, restricted or modified only to a limited extent, Icehouse Logistics limits its liability for breach of that implied condition or warranty and will be completely discharged by any one or more of the following (as Icehouse Logistics may determine):
supplying the Services again; or
payment of the cost of having the Services supplied again.
Subject to Clause 15 and to any right the Client may have under the Australian Consumer Law or any other applicable law, Icehouse Logistics and its officers, employees or agents are not liable to the Client or any other person in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any consequential or special loss or damage including:
indirect or consequential loss or damage; or
loss of profits or anticipated profits, sales, turnover, reputation (or damage to it), production, anticipated savings, goodwill, earnings, revenue, business opportunities, customers, or loss under, or in relation to, any other contract; in each case, whether of a direct, indirect or consequential nature,
suffered by the Client or any other person and arising out of any breach or other act or omission in connection with these Service Conditions.
Client Indemnities
SubjecttoClause 9 of these Service Conditions and to the maximum extent permitted by law, the Client hereby releases and indemnifies Icehouse Logistics from and against any claims, demands and/or liabilities arising out of or in connection with any personal injury, illness or death to any person or damage to any property (including financial loss or loss of profits or opportunity, business interruption or other consequential loss) directly or indirectly causedorcontributed to by theGoods (andwhether ornotoccurringwhilsttheGoodsareinpossessionofIcehouseLogistics), including any loss of or damage to any container (not being fair wear and tear) or other equipment or property furnished by or on behalf of Icehouse Logistics which occurs while such container or other equipment or property is in the possession of the Client. The indemnity under this Clause will be reduced proportionately to the extent that such loss, damage, cost, expense, claim, demand, suit, action, proceeding, order or judgement was caused or contributed to by Icehouse Logistics, their employees, contractors or agents. Subject to the provisions of this Clause, the Client shall not be liable whatsoever for any loss of profit, use, data, contract or indirect or consequentialloss.
Service Requests and Acceptance
Service Requests may be made by telephone, email, via electronic data integration (EDI) or by submitting an order via Icehouse Logistics’ website/on-line portal.
A Service Request will not be binding on Icehouse Logistics unless an Icehouse Acceptance occurs. Icehouse Logistics is under no obligation to accept any Service Request. A contract for the provision of the Services which comprises the Services Request and these Service Conditions will be formed when Icehouse Acceptance has occurred.
All quotations are based on the weight, dimensions and description of Goods provided by the Client and may be subject to reasonable amendment by Icehouse Logistics if such matters subsequently found to be incorrect.
The Client may not amend or cancel a Service Request without Icehouse Logistics’ written consent and any such amendment or cancellation must be on such terms as Icehouse Logistics may reasonably specify, including any reasonable additional fees that may apply.
Delivery of Goods
Icehouse Logistics will use reasonable commercial efforts to deliver the Goods to the Client at the premises referred to in the Services Request, unless Icehouse Logistics and the Client agree that Icehouse Logistics is to deliver the Goods to another place specified by the Client. Delivery occurs when Icehouse Logistics delivers the Goods to the nominated delivery address.
Unless Icehouse Logistics agrees otherwise in writing, the Goods will be packed in Icehouse Logistics’ usual packaging used for similar goods.
Any time or date of delivery advised by Icehouse is its best estimate as to when the Goods will be available. Icehouse Logistics will not be liable for failure or delay to deliver the Goods or to perform the Services, or for any loss or damage resulting directly or indirectly from any failure or delay to deliver the Goods or to perform the Services, except where such failure or delay is solely due to a breach or non-observance of these Service Conditions by Icehouse Logistics. Delayed delivery will not entitle the Client to cancel a Services Request.
If the Goods are returned to the Client because Icehouse Logistics has been unable to effect delivery, either as a result of an incorrect delivery address provided by the Client or after attempts have been made to contact the Client, or the Client refuses to accept delivery, then Icehouse Logistics may charge an additional delivery fee to redeliver the Goods and Icehouse Logistics may store the Goods at the Client’s cost and risk.
Icehouse Logistics is not responsible for loading or unloading the Goods unless it expressly agrees in writing to do so, in which case, additional charges will apply.
If Icehouse Logistics agrees in writing to unload the Goods:
the Client must arrange access at the nominated delivery address for Icehouse Logistics’ vehicle to load or unload the Goods in a safe manner, as close as is reasonably possible to the storage location or another suitable safe location;
if delivery is to be made to a building site, Icehouse Logistics need only unload and place the Goods in close proximity to where Icehouse Logistics’ vehicle is parked for unloading;
under no circumstances will Icehouse Logistics unload and deliver the Goods inside any built structure or carry the Goods to the rear of any delivery address;
if the Goods weigh in aggregate more than 500kg or otherwise at Icehouse Logistics’ reasonable request, the Client must make at least one person available whom the Client warrants is covered under the Client’s work health and safety insurance and is appropriately qualified and trained in manual handling to assist with loading or unloading the Goods;
if no suitable person can assist, Icehouse Logistics may in its reasonable discretion itself load or unload the Goods or return the Goods to Icehouse Logistics' premises (at the Client’s cost). The Client will be required to arrange an alternative time of delivery at which appropriately qualified and trained persons will be available to assist with the safe unloading of the Goods at the Client’s cost; and
in the event of inclement weather or hazardous site conditions, Icehouse Logistics may in its reasonable discretion undertake a risk assessment to determine whether the Goods can be unloaded in a safe manner. If the Goods cannot be unloaded due to potential safety risks, the Goods will be returned to Icehouse Logistics’ premises to be re-delivered at the Client’s cost.
Loss or damage during transit and risk
Any claim for loss of or damage to the Goods while in Icehouse Logistics’ possession or control or that the Services have not been supplied in accordance with these Service Conditions is, subject to applicable laws (including the Australian Consumer Law):
the Client making a written claim to Icehouse Logistics setting out full details of the claim, accompanied by a copy of the relevant invoice and date stamped digital photographic evidence of any claimed damage to the Goods within 14 days of the due date for delivery of the Goods or the date of supply of the Services (whichever is later); and
the Goods having been properly handled and displayed before and after the Goods were the possession or control of Icehouse Logistics; and
any damage to the Goods or the failure to supply the Services otherwise in accordance with these Service Conditions was not caused or contributed to by any act or omission of the Client or the owner of the Goods.
Method of Transport and route
IcehouseLogisticsreserves the rightto provide theServices by any means,routeorprocedurenotwithstandinganyinstructionsby theClient.
The Client authorises any deviation from the usual route or manner of carriage of Goods that Icehouse Logistics reasonably considers desirable or necessary to provide the Services.
If the Client expressly or impliedly instructs Icehouse Logistics to use, or it is expressly or impliedly agreed that the Icehouse Logistics will use, a particular method of handling or storing the Goods or a particular method of carriage, Icehouse Logistics will give priority to that method but if it cannot conveniently be adopted by Icehouse Logistics the Client authorises Icehouse Logistics to handle or store or to carry or to have the Goods handled, stored or carried by another reasonable method or methods.
Storage
If Icehouse Logistics stores Goods at the request of the Client, Icehouse Logistics will:
be entitled to move the Goods from a place of storage to another place of storage at its discretion;
not be obliged to deliver any Goods except to the Client or to a person authorised in writing by the Client to receive the Goods.
Where Icehouse Logistics stores Goods for the Client, the Client must:
give 30 days’ notice to Icehouse Logistics of its intention to permanently remove all Goods from storage;
pay Icehouse Logistics' expenses and charges to comply with any legal requirement or required by any market, harbour, dock, railway, shipping, customs, exercise or warehouse authority or any other applicable person;
if any Goods are under customs’ control, pay all customs duty, excise duty and costs (including any fine or penalty) that Icehouse Logistics becomes liable to pay or pays;
supply or pay for labour or machinery or both to load or unload the Goods;
compensate Icehouse Logistics for any cost, expense or loss to Icehouse Logistics’ property or to any other person caused by the Goods; and
if the Goods are re-quantified, re-weighed or re-measured, pay any proportional additional charges.
Subcontracting
TheClient authorises Icehouse Logistics toarrange fortheprovision of the Services byan independent contractor,subcontractor or agentofIcehouse Logistics or by such other means as Icehouse Logisticsreasonably thinks fit.
Bill of lading / Air Waybill
WhereadocumentisissuedbyoronbehalfofIcehouseLogisticsandbears thetitleoforincludes thewords“billoflading”(whetherornotnegotiable)orseaorair“waybill”andprovidesthat Icehouse Logisticscontracts as carrier, the provisions set out in that document, if inconsistent with these Service Conditions, will be paramount and prevail over these Service Conditions to the extent of any such inconsistency.
Benefit of these Service Conditions
Eachterm,condition,exemption,libertyandlimitationcontainedin these Service Conditionsandeverydefence,liberty,right,exemptionandimmunityofwhatsoevernatureapplicabletoIcehouseLogisticsorto which Icehouse Logisticsisentitledunder these Service Conditionswillalsobeavailableandwillextendtoprotect all employees, contractors, subcontractors and agents ofIcehouseLogisticsandallpersonswhoareormaybevicariouslyliable fortheactsoromissionsofanypersonsreferred toin this Clause and for the purpose of this Clause,Icehouse Logisticsis or will be deemed tobeacting as agent or trustee on behalf of and for the benefit of all such persons and all such persons willtothisextent bedeemed tobeparties tothecontract constituted by these Service Conditions and Icehouse Logistics holds such rights on trust for all such persons (and may enforce such rights on their behalf).
Prices and Payment
Quoted prices for Services will only be binding on Icehouse Logistics on acceptance by Icehouse Logistics, or Icehouse Logistics otherwise taking possession, of the Goods the subject of a Service Request (Icehouse Acceptance).
All prices are specified in Australian dollars and are exclusive of GST and other taxes, duties and other levies, which amounts will be payable by the Client.
Icehouse Logistics will invoice the Client for Services on a weekly basis or otherwise on the date of delivery of the Goods (for the weight and delivery of the relevant Goods).
Unless otherwise agreed by Icehouse Logistics in writing, the Client must pay the full balance of the invoice within 7 days after the date of the invoice without deduction, counterclaim or set-off.
Payment may be made by the Client by direct deposit, credit card or by any other method agreed by Icehouse Logistics in writing. The use of credit cards may attract a processing fee. Payment of the price of the Goods will not be made until the applicable transaction has been processed and cleared into the Icehouse Logistics’ bank account.
If an invoice is not paid in full by the due date for payment, Icehouse Logistics may:
charge interest on the outstanding amount attherate charged by the Reserve Bank of Australia plus 3% per annum which is payable on demand by Icehouse Logistics and will be calculated on a daily basis from the due date until payment is made in full by the Client;
withhold the future provision of Services until it receives full payment of all amounts due from the Client;
require immediate payment in full of all amounts payable to Icehouse Logistics; and
require the Client to reimburse Icehouse Logistics for its reasonable collection costs including legal costs (on a solicitor/own client basis) incurred by Icehouse Logistics in connection with the default and/or to institute such recovery process.
If Icehouse Logistics incurs any expenses in relation to the provision of Services for the Client prior to the Goods being entrusted to it and the Client has provided their written consent to the expense before the expense was incurred by Icehouse Logistics, then the Client must reimburse Icehouse Logistics in respect of such expenses.
If there are instructions fromthe Client tocollect freight,duties,charges orother expenses froma consigneeorany other person, the Clientwill remain responsiblefor the same if they are not paid by such consignee or other person within 7 days of the date set for payment or if no date is set for payment, within 7 days of delivery or attempted delivery of the Goods. The Client must make payment of such charges or expenses within 7 days of being notified by Icehouse Logistics of the consignee or other person failing to pay.
General Lien
The Goods (including any related documents in Icehouse Logistics’ possession) are accepted subject to a general lien for any charges now due or which may become due to Icehouse Logistics by the Client whether in respect of the Goods or any other goods in respect of which Icehouse Logistics provides Services.
If the lien is not satisfied and/or the Goods are not collected Icehouse Logistics may at its option on reasonable notice, in the case of perishable goods as soon as practicable, and in any other case with the expiration of 28 days either:
remove the Goods or part of them and store them in such place or manner as Icehouse Logistics may reasonably think fit and at the risk and expense of the Client; or
open and sell such Goods or part of them on such terms as Icehouse Logistics reasonably thinks fit and apply the proceeds firstly in or towards the payment of such unpaid charges and amounts owing to Icehouse Logistics and the costs of sale without being liable to the Client, any owner or any other person for any loss or damage thereby caused.
The Client agrees that the lien arising under these Service Conditions is a security interest for the purposes of the PPSA which attaches to Goods when the Goods are accepted by Icehouse Logistics for carriage and delivery.
If Icehouse Logistics requests, the Client must, at its own expense and as soon as practicable, do anything (including executing any documents) reasonably requested by Icehouse Logistics for the purposes of ensuring that any security interest created under these Service Conditions is enforceable, perfected (including but not limited to perfection by registration), maintained and is otherwise effective. The Client agrees to reimburse the reasonable costs of Icehouse Logistics in connection with any action taken by Icehouse Logistics under or in connection with this Clause.
The parties agree that, to the extent permitted by the PPSA:
sections 125, 142 and 143 of the PPSA do not apply (unless the Client is otherwise notified in writing by Icehouse Logistics);
any right to receive a notice or statement arising by virtue of sections 129, 130, 132, 134 and 135 of the PPSA is waived; and
any right to receive a copy or any notice of any verification statement confirming registration of a financing statement or a financing change statement relating to any security interest under or provided for by these terms and conditions is waived.
The rights conferred by this Clause are additional to any right or rights conferred on Icehouse Logistics by statute or general law. Neither such lien nor any such sale will prejudice or affect the right of Icehouse Logistics at any time to recover from any person liable in respect of any such amount which at that time remains unpaid.
Perishable Goods
Icehouse Logistics will use all reasonable endeavours to ensure that transport or storage occurs at a temperature within accepted tolerance levels but does not accept any liability for anylossofor damagetoordeterioration of Goods as a result of any transfer or storage of Goods at a temperature which is +/- 2°C of the requested carriage and/or storage temperature advised in writing by the Client. Any temperature record maintained by Icehouse Logistics will be conclusive of the temperature at which the Goods were transported or stored.
Undeliverable Goods
Icehouse Logistics will be entitled to sell or dispose of all non-perishable Goods which in the reasonable opinion of Icehouse Logistics cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or for any other reason, on giving 21 days’ notice in writing to the Client. All reasonable charges and expenses directly incurred by Icehouse Logistics in connection with the storage and sale or disposal of the Goods must be paid by the Client and Icehouse Logistics will be entitled to meet such reasonable charges and expenses out of the sale proceeds of the Goods in addition to any unpaid charges and amounts owing.
Weight Limits and under-declared items
Any specific weight limits applying to the Client’s Goods will be specified on the Client’s individual rate card.
The Client must provide Icehouse Logistics with an accurate dead and cubed weight for all Goods and acknowledges that it must not under-declare the weight of any Goods.
The Client is responsible for ensuring that the correct labels, satchels, dynamic labels and electronic labels are used for the Goods.
The Client acknowledges that Icehouse Logistics has the right to check the dead and/or cubic weight of all Goods and if it detects that Goods have been under-declared, or where an incorrect label is used, resulting in an underpayment by the Client for the carriage of the Goods by Icehouse Logistics, Icehouse Logistics will calculate and apply the correct payment and issue an invoice for the difference, for immediate payment on presentation. The Client will be charged the difference between the Services paid and the amount the Client would have paid if the Goods were correctly declared in addition to the reasonable costs incurred by Icehouse Logistics in detecting the under-declared Goods, correct weighing of the Goods and the issue of the invoice for the difference.
Icehouse Logistics reserves the right not to carry the Goods or provide the Services until the Client has paid the correct amount applicable for the carriage of the relevant Goods.
Packaging Guidelines
The Client must pack each item to be transported by Icehouse Logistics and must ensure that the packaging is sufficiently robust to cater for the weight and density of the relevant Goods and to enable the Goods to be safely and securely stored and transported by Icehouse Logistics.
Icehouse Logistics may reject Goods that it reasonably determines have not been sufficiently packaged in accordance with these Service Conditions or which appear to have a risk of being damaged if the Services are provided.
Dangerous or Prohibited Goods
The Client must not, without the prior written approval of Icehouse Logistics, tender for carriage any Goods which are or may be explosive, flammable or otherwise dangerous or liable to cause damage if carried or which are or may be Prohibited Goods. Should the Client require carriage of dangerous Goods, it must present Icehouse Logistics with a full description of those Goods.
The Client will indemnify Icehouse Logistics against all loss, damage, injury or cost, including consequential loss, arising out of or in connection with the carriage of any dangerous Goods or Prohibited Goods, whether declared as such or not and whether or not the Client was aware of the nature of the Goods.
Force Majeure
Neither the Icehouse Logistics nor the Client will be liable for any failure to observe their obligations under these Service Conditions and Icehouse Logistics may suspend delivery of Goods and/or provision of the Services or reduce the amount of Goods and/or Services to be delivered if that party is unable to perform its obligations, or in the case of Icehouse Logistics, deliver the Goods or Services, wholly or partly and/or directly or indirectly as a result of any cause beyond their reasonable control, including but not limited to strikes, industrial action, accident, collision, or breakdown of plant, machinery or delivery vehicles, shortage of raw materials from normal source of supply, pandemic, war, act of terrorism, public disorder, road closures, road congestion, any quarantine or customs restriction, blockades or governmental interference, explosion, fire or any act of God, lightning, earthquakes, floods, cyclones, landslides or storms.
If the effects of the force majeure event continue for more than 30 days, Icehouse Logistics may terminate any Service Request affected by the force majeure event. The Client will have no claim against Icehouse Logistics, and Icehouse Logistics will not be liable for any loss arising from any suspension, reduction or failure to deliver arising from the circumstances referred to, or any termination pursuant to, this Clause.
Chain of Responsibility Law
Icehouse Logistics and the Client must comply with all applicable laws and regulations, including Chain of Responsibility Law.
The Client must not impose any requirement on Icehouse Logistics that would directly or indirectly encourage or require Icehouse Logistics or any person on behalf of Icehouse Logistics to speed, drive while fatigued or otherwise deliver the Goods (and perform the Services) in an unsafe manner.
Privacy
The Client agrees that personal information provided may be used and retained by Icehouse Logistics for the following purposes and for other purposes as may be agreed between the parties or required by law from time to time:
provision of the Services;
marketing by Icehouse Logistics, its agents or subcontractors in relation to the Services;
analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services; and
processing of any payment instructions, direct debt facilities and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
Governing Law
TheseServiceConditionswillbegovernedbyNewSouthWaleslawandalldisputesreferredtotheexclusivejurisdictionoftheNewSouthWalescourts.
Notices
Any notice under these Service Conditions must be hand delivered or sent by registered post to the party at its address, or by email to the address set out in the “Application for Customer Account” attached to these Service Conditions or its last known address. Notices are taken to be received (i) if hand delivered, on delivery, (ii) if sent by registered post, the second business day after posting, and (iii) if sent by email, when sent, unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee.
Interpretation and Application
If part or all of any clause of these Service Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Service Conditions and the remaining provisions of these Service Conditions will continue to have full force and effect.
Icehouse Logistics and the Client may not assign any of its rights under these Service Conditions, or transfer any of its obligations, to any person without the prior written consent of the other party (which may be withheld in the other party’s reasonable discretion).
Unless expressly stated otherwise, all amounts payable or consideration to be provided by the Client to Icehouse Logistics are exclusive of GST. If GST is payable on any supply made by Icehouse Logistics to the Client, for which the consideration is not expressly stated to include GST, the Client agrees to pay to Icehouse Logistics an additional amount equal to the GST payable at the same time that the consideration for the supply is to be provided.
Acceptance and changes to Service Conditions
Any variations or amendments to these Service Conditions must be in writing and signed by both parties.
Disputes
Any disputed invoice amount must be notified by the Client to Icehouse Logistics within 7 days of receipt of the invoice setting out reasonable details of the item(s) in dispute. Icehouse Logistics will then have 7 days from the date of such notice to notify the Client whether it accepts the disputed item(s) acting reasonably. If Icehouse Logistics provides a notice that it accepts the disputed item(s), the Client may withhold the disputed amount from payment until resolution of the dispute is achieved (but must otherwise make payment of the non-disputed amount within the existing invoice terms). On notification to Icehouse Logistics of a dispute by the Client, the Client and Icehouse Logistics must each nominate up to 2 representatives and procure that such representative(s) use reasonable endeavours to meet and attempt to resolve the dispute in good faith within a period of 20 days after which period a party may commence legal proceedings.
Entire Agreement
These Service Conditions constitute the entire agreement between the parties in respect of its subject matter and replace all previous representations, communications and agreements between the parties.
