By instructing BSH logistics to supply the Services, the Customer agrees to accept and be bound by the Company’s trading terms and conditions. All and any business undertaken by the Company shall be subject to the Company’s trading terms and conditions of contract which are as follows:

(a) Subject to the terms and conditions in this contract and mandatory applicable statute, convention or law, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether: arising from an authorised or unauthorised act OR contemplated or uncontemplated act under this contract; 

caused by the negligence and/or recklessness and/or wilful misconduct of the Company’s servants, employees, agents, Subcontractors or otherwise; 

a breach or fundamental breach of contract; 

resulting from, or attributable to, any quotation, statement, representation or information, oral or written, made or given on behalf of the Company or its servants, agents, employees or Contractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service

(b) In all cases where liability cannot be excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the less of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by the Company.

(c) In all cases where liability cannot be limited or excluded by this agreement because of mandatory applicable statute, convention or law [as amended from time to time], the provisions of the applicable statute, convention or law shall be deemed incorporated herein and any rights, immunities and/or defences therein shall be available to the Company. For the purpose of determining the extent of the Company’s liability for loss of or damage to the Goods under any mandatory applicable legislation, the value of the Goods lost or damaged is agreed to be the invoice cost value.

(d) In all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Services pursuant to statute or otherwise, the liability of the Company is limited to any one or more of the following as determined by the Company at its absolute discretion: 

providing supply of the Services again; or 

payment of the cost of having the Services supplied again.

(e) Without limiting the generality of the foregoing, the Company shall in no circumstances be liable for loss or damage other than to the Goods, including direct, indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Company for loss or damage whether the action be found in contract, bailment, tort or otherwise notwithstanding any breach of the contract or condition hereof by the Company.

(f) Further without limiting the generality of the foregoing, the Company shall not be liable
for any loss or damage suffered by the Customer or any other person as a result of a failure
or inability of the Company or Contractor to collect or receive C.O.D. payments from any
consignees or their agents whether caused by the negligence of the Company’s servants,
agents, employees, Contractors or otherwise.

(g) No declaration of value will be made for the purpose of extending liability and the
Goods will be forwarded or dealt with at the Customer’s or owner’s risk unless express
written instructions to the contrary are given by the Customer and accepted in writing by the
Company and extra charge paid if required by the Company.

(h) It is hereby agreed between the Customer and the Company that the Customer’s right
to compensation for any claim for loss or damage will only be maintained provided the
following is strictly adhered to:

(i) Any claim for loss or damage must be lodged in writing to the Company within 7 days
of delivery of the Goods or the date Services are completed, whichever date occurs first;

(ii) Any claim for loss/non-delivery of Goods must be notified in writing to the Company
within 60 days from the date the Goods should have been delivered or the Services should
have been completed, whichever date occurs first;

Any right to any legal remedy against the Company shall be extinguished unless legal
proceedings are brought against the Company in the state of New South Wales and not
otherwise within 9 months from the date of this contract or the date the Services were
completed or Goods delivered, or the date the Services should have been completed or the
Goods should have been delivered, whichever date occurs first.

Quotations for the Services are made on an immediate acceptance basis and are subject to
withdrawal or revision without notice at the Company’s discretion.

No goods, including radioactive materials, which are or may become dangerous,
inflammable or noxious, or which by their nature are or may become liable to cause injury or
damage to any person, goods or property whatsoever, shall be tendered to the Company
without its express consent in writing. The goods or container, package or other covering in
which the goods are to be tendered to the Company or its agents shall be prominently
marked on the outside so as to indicate the nature and character of the goods, and so as to
comply with any applicable laws, regulations or requirements of any authority or Carrier.If
any such goods are tendered to the Company without its written consent or without being
marked as aforesaid those goods may at any time be destroyed, disposed of, abandoned or
rendered harmless at the sole discretion of the Company and at the entire risk and expense
of the Customer, without compensation to him or any other party, and without prejudice to
the Company’s right to claim its charges or fees including the cost of destruction or disposal.
Notwithstanding the acceptance of such goods with its express consent, the Company may
nevertheless at its sole discretion destroy or otherwise deal the goods at the entire risk and
expense of the Customer, without compensation to him or any other party, and without
prejudice to the Company’s right to claim its charges or fees including the cost of destruction
or disposal.
Whether or not the Customer was aware of the nature of the goods and whether or not the
Company’s written acceptance thereof was obtained, the Customer shall be deemed to have
indemnified the Company against all loss, damage or liability caused to or incurred by the
Company as a result of the tender to and/or handling and haulage by the Company of such
goods. Goods which are likely to harbour or encourage vermin or other pests shall be
deemed to be dangerous goods.

No service shall be rendered by BSH logistics in the transportation of any shipment which is
prohibited by law or regulations of any federal, state, provincial, or local government in the
origin country or destination country.

We will invoice you in accordance with the relevant Service. Unless otherwise stated, fees
are due immediately upon your receipt of the invoice. You are responsible for providing us
with complete, accurate and up to date billing and contact information.
Except as otherwise specified by us or indicated in an Order Form:
(a) All prices, delivery charges and additional delivery charges, if applicable, will be quoted
and paid in Australian Dollars;
(b) The prices are inclusive of GST;
(c) Invoices are prepared and sent out every Friday if and when you have used your account with BSH Logistics;
(d) 7 days payment terms applied as stated within the account form you have signed with BSH Logistics;
(e) All of these invoices are subject to an admin/account fee of $5.00 plus GST;

If payment is not received from you by the due date, then at our discretion, we may charge
interest at the rate of 1.5% above the then current Reserve Bank of Australia cash rate on
the outstanding balance from the date such payment was due until the date paid.

(a) The Customer shall pay the Company for all fees rendered and any charges it incurs for
any reason in respect of the Services performed. This includes the payment of fees/charges
which the Company is advised by or agrees with the Customer will be paid by a third party
which then fails to pay. Such fees/charges shall be deemed fully earned as soon as the
Goods are loaded and dispatched from the Customer’s premises, otherwise delivered by the
Customer to the Company or Subcontractor or on receipt of the Company’s invoice
whichever occurs first. Fees and charges shall be payable in accordance with the term
stated in the Company’s invoice or if not stated, will be immediately payable. All fees and
charges are non-refundable.

(b) The Customer agrees that it shall not defer or withhold payment or deduct any amount
from the account of the Company by reason of any claim it alleges against the Company.

The information collected from you will be used primarily for the purposes of conducting the
Services and may be used to forward you information regarding BSH logistics products and
services. Access to the information is available subject to certain conditions. Please refer to
our Privacy Policy at www.bshlogistics.com.au

– Single Delivery

Wait time charges will apply after the first 10 minutes of the driver arriving and waiting at either the pickup or delivery location.

A fee of $0.80 (ex GST) will be charged for every additional minute after the 10 minute grace period the driver is kept waiting.

(A) Redelivery charges will apply where an attempt to deliver fails due to the receiver being unavailable to sign for the item(s) if a request for a signature is required. The fee for redelivery is $30 plus GST

(B) Futile Collection charges will apply for futile collection attempts where freight either unavailable, unpackaged or unlabelled. The fee for this is $30 plus GST

(C)Incorrect Item Declaration charges will apply if the  item specifics are greater than stated in the booking. These charges will be based on the charged weight (whichever is greater out of the dead weight and cubic weight) being requoted as the dead weight and the balance calculated. BSH logistics additional administration fee of $8.00 plus GST will be applied for all Under declared and recalculated charges. In addition to the above recalculation of Under declared consignments, a $33 admin fee Plus GST as well as any external contractor fee will be charged if any of the following 4 scenarios occur: Over Dead Weight of 25kg per item; Over Cubic Weight of 40kg per item (250kg/M3); Over Cubic Weight of 150kg for multiple items per consignment; Length over 1.8m.