Terms and Conditions

All goods are stored at the principal's sole risk and unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by FDM Warehousing Pty Ltd for any loss or damage to or concealed damage, deterioration, contamination, evaporation or mis-delivery of or failure to deliver or delay of goods either in store or in transit to or from the store for any reason whatsoever.

The Principal warrants:

The Principal shall pay all storage and other charges calculated in accordance with FDM Warehousing Pty Ltd schedule of charges from time to time current and payable in respect of the goods. All charges shall be payable from time to time on demand and shall stand charged upon the goods and also upon such other goods as shall from time to time be in store in the name of the Principal or belonging to the Principal. FDM Warehousing Pty Ltd shall have a general lien upon all such goods for all debts now due or which may hereafter become due to FDM Warehousing Pty Ltd on any account by the Principal.

Our terms are strictly 14 days from the date of invoice, issued every week. FDM Warehousing Pty Ltd reserves the right to charge a fee equivalent to 5% (pa) over the 10 year Australian Government Bond rate on any invoice that remains outstanding after 30 days, charged in weekly increments until paid. FDM Warehousing Pty Ltd reserves the right to withhold orders until overdue accounts are brought up to date. All amounts specified in the Storage Schedule are exclusive of GST.

If the Principal fails to pay any amount due under these terms and conditions, and has not paid the overdue amount within 7 days after FDM Warehousing Pty Ltd request payment, FDM Warehousing Pty Ltd may terminate this agreement.

The Principal agrees that FDM Warehousing Pty Ltd will have a lien over the items packed in the Principal’s Container(s) and/or Pallet(s) in respect of any outstanding amounts payable to FDM Warehousing Pty Ltd under this agreement and FDM Warehousing Pty Ltd may access the Principal’s Container(s) and/or Pallet(s) and take steps to sell the items in the Principal’s Container(s) and/or Pallet(s) in order to recover any amount payable by the Principal under this agreement. This right is in addition to any other rights of recovery FDM Warehousing Pty Ltd may have against the Principal.

All collection and solicitor fees incurred by FDM Warehousing Pty Ltd in relation to any demand under these terms and conditions will be charged against the Principal.

The Principal is solely responsible for arranging insurance of stock from pickup/delivery time until time of delivery to the final destination of order.

FDM Warehousing Pty Ltd will never be liable for any indirect losses (including loss of income, data, profit, markets, market opportunities or damage to reputation).

The Principal agrees that commencement of trading constitutes an acceptance of FDM Warehousing Pty Ltd terms and conditions of trade.

By signing these terms and conditions, the Principal confirms that he/she has read, understood and agrees to them. If the Principal is signing these terms and conditions on behalf of a company, the Principal represents and warrants to FDM Warehousing Pty Ltd that he/she is duly authorised and has legal capacity to sign this document on behalf of the company and that these terms and conditions are a valid and legal agreement binding on the Principal and/or the company and enforceable in accordance with its terms.

All goods carried or other services performed by Freight and Distribution Management Systems Pty Ltd are subject to these conditions of cartage which replace all previous conditions of cartage and override any of the senders terms and conditions of cartage.

Freight and Distribution Management Systems Pty Ltd

The sender warrants that the person who has signed the rates, Credit Application form and Terms and Conditions of Trade, hereinafter called the ‘transport contract’ is authorised to do so and to agree to its terms.

The sender warrants that, unless specified on the transport contract/consignment note, the goods contained on the consignment are not dangerous. Where they are specified as dangerous, the sender warrants that they are properly described, packed and clearly labelled and can be transported safely according to the Australian Code for the Transport of Dangerous Goods by Road and Rail.

The sender agrees that the goods described on the transport contract/consignment note are carried at its own risk and that Freight and Distribution Management Systems Pty Ltd will not be responsible for any delay, loss or damage of any nature arising out of or incidental to the cartage of the goods due to any act or omission (whether wilful or negligent or otherwise) on the part of Freight and Distribution Management Systems Pty Ltd and indemnifies Freight and Distribution Management Systems Pty Ltd in respect of any liability in respect of the goods.

The sender authorises Freight and Distribution Management Systems Pty Ltd to deliver the goods at the receivers address appearing on the transport contract/consignment note. Freight and Distribution Management Systems Pty Ltd will be deemed to have delivered the goods in accordance with the contract note if Freight and Distribution Management Systems Pty Ltd obtains a receipt or signed delivery docket for the delivery of the goods to the receivers address. If Freight and Distribution Management Systems Pty Ltd is unable to deliver the goods to the receivers address, Freight and Distribution Management Systems Pty Ltd will store the goods at the risk of the sender and the sender will pay all costs in relation to the non-delivery.

Notwithstanding clause 6 of these terms and conditions, if Freight and Distribution Management Systems Pty Ltd has a standing "Authority to Leave" (ATL) in place at the time of delivery and has left the parcel at the address provided on the contract/consignment note, Freight and Distribution Management Systems Pty Ltd will be deemed to have delivered the goods in accordance with the contract and the sender will pay all costs associated with the parcels delivery as agreed in the supplied rates.

The sender shall pay all Freight and other charges calculated in accordance with Freight and Distribution Management Systems Pty Ltd schedule of charges from time to time current and payable in respect of the goods. All charges shall be payable from time to time on demand and shall stand charged upon such other goods as shall from time to time be in store in the name of the sender or belonging to the sender. Freight and Distribution Management Systems Pty Ltd shall have a general lien upon all such goods for all debts now due or which may hereafter become due to Freight and Distribution Management Systems Pty Ltd on any account by the sender.

Our terms are strictly 14 days from the date of invoice, issued every week. We reserve the right to charge a fee equivalent to 5% (pa) over the 10 year Australian Government Bond rate on any invoice that remains outstanding after 30 days, charged in weekly increments until paid.

All collection and solicitor fees incurred by Freight and Distribution Management Systems Pty Ltd in relation to any demand under these terms and conditions will be charged against the sender.

All goods are carried subject to the terms of any bill of loading issued by and/or conditions imposed by any steamship company, railway, port or harbour authority of other carriers of the goods that are freighted at ordinary rate unless otherwise agreed in writing.

Freight and Distribution Management Systems Pty Ltd will not insure freight and advises the sender to make their own arrangements regarding insurance.

The sender agrees that all right, immunities and limitations of liability granted to Freight and Distribution Management Systems Pty Ltd by these conditions of cartage will continue to have their full force and effect in all circumstance and not withstanding any breach of the contract or any conditions by Freight and Distribution Management Systems Pty Ltd.

Any provided quotation/agreement/rate schedule does not include Tolls, GST, Fuel surcharges or other charges which may be applied.

Freight & Distribution Management Systems Pty Ltd will never be liable for any indirect losses (including loss of income, data, profit, markets, market opportunities or damage to reputation).

Quoted Pricing is subject to re-negotiation or withdrawal under the following circumstances:

All rates and charges are subject to the applicable GST rate at time of shipment (currently set at 10%) which will appear on statements / invoices.

Per kilogram charges are based on the greater of weight or cubic volume converted at 250 kilograms per cubic metre.

Freight and Distribution Management Systems Pty Ltd will endeavour to supply the most suitable and professional personnel at all times. The sender recognises that the recruitment of such personnel involves considerable time, effort and expense. The sender agrees not to enter into any contractual arrangement directly with any Freight and Distribution Management Systems Pty Ltd employee or contractor, nor will they engage such personnel as employees or contractors of the sender whilst they are an employee or contractor of Freight and Distribution Management Systems Pty Ltd or within twelve months of ceasing to be an employee or contractor of Freight and Distribution Management Systems Pty Ltd.