Terms & Conditions

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1. Definitions

In these Conditions, unless the context otherwise requires:

• "Australian Consumer Law": Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any relevant State or Territory fair trading legislation and the Australian Securities and Investments Commission Act 2001 (Cth).

• "Australian Consumer Law Guarantee": The consumer guarantees set out in Part 3-2, Division 1 of the Australian Consumer Law.

• "Company": Refers to AEK Trading Pty Ltd operating under the Trading name Shipcatch, . its successors, assigns, officers, employees, agents, subcontractors, and representatives. The Australian Company Number (ACN) is provided as CAN 147 736 954

• "Customer": The person or legal entity, including their agents and representatives, requesting or receiving Services from the Company, including the shipper, consignor, consignee, receiver, owner of the Goods, or their authorized agents.

• "Contract": The agreement between the Company and the Customer, incorporating these Standard Trading Conditions and any service agreements, quotes, or other documentation.

• "Dangerous Goods": Goods as defined by relevant Australian law or international agreements (e.g., IMDG Code, IATA DGR, ADG Code) that are explosive, flammable, radioactive, toxic, corrosive, or otherwise hazardous.

• "Goods": Any cargo, item, commodity, document, or merchandise accepted by the Company for handling, transport, warehousing, clearance, or other services, including packaging, containers, or pallets.

• "Services": Any services rendered by the Company, including but not limited to: import/export freight forwarding, customs clearance, warehousing, consolidation, distribution, brokerage, supply chain management, and related activities.

• "GST", "GST Law", "GST Rate": Refer to definitions under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

• "Insolvency Event": Includes the Customer becoming insolvent, entering administration, liquidation, receivership, bankruptcy, or any analogous event.

• "PPSA": Personal Property Securities Act 2009 (Cth) and any amendments or regulations thereto.

• "Supply", "Taxable Supply": Meanings assigned under the GST Law.

2. Scope and Application of Conditions

2.1 These Conditions apply to all Services provided by the Company, regardless of the nature, form, or location of the service rendered.

2.2 These Conditions prevail over any terms and conditions of the Customer, whether communicated before or after the provision of Services, unless expressly accepted in writing by a director of the Company.

2.3 The Company is not a common carrier and reserves the right to refuse to provide services in respect of any Goods without giving reasons.

3. Authority, Ownership and Indemnity

3.1 The Customer warrants: a) They are either the legal owner of the Goods or authorized to act on behalf of the legal owner; b) They have full authority to enter into the Contract; c) They will indemnify the Company for any claims, costs, or losses arising from breach of this warranty.

3.2 The Customer indemnifies the Company against any claims made by third parties relating to ownership, handling, or carriage of the Goods.

4. Customer Obligations and Accurate Information

4.1 The Customer is responsible for: a) Proper packing, labelling, and marking of Goods in compliance with all applicable laws, including dangerous goods codes and Chain of Responsibility (CoR) legislation; b) Providing accurate and complete descriptions, weights, dimensions, HS codes, and documentation; c) Ensuring Goods are suitable for handling, storage, or transport.

4.2 The Company shall not be liable for any loss, damage, or delay caused by the Customer’s failure to comply with these obligations.

5. Regulatory Compliance and Customs Declarations

5.1 The Customer is responsible for: a) All duties, taxes, levies, fines, and charges related to the import/export of Goods; b) Ensuring the legality of Goods for international trade; c) Providing timely, accurate information to comply with border agency requirements.

5.2 The Company may rely on the information provided by the Customer in completing customs and regulatory declarations, and shall not be held liable for incorrect filings due to Customer-supplied information.

6. Dangerous Goods

6.1 Dangerous Goods will only be accepted if declared in writing and approved by the Company before shipment.

6.2 The Company reserves the right to: a) Inspect or open any package; b) Refuse or reject any Dangerous Goods; c) Quarantine or dispose of Dangerous Goods without notice or compensation if improperly declared or pose an immediate risk.

7. Chain of Responsibility (CoR)

7.1 The Company and Customer must comply with the Heavy Vehicle National Law (HVNL) and related CoR obligations.

7.2 The Customer must: a) Ensure Goods are loaded safely and correctly restrained; b) Avoid providing instructions that would breach any CoR law; c) Acknowledge that the Company has the right to refuse loading if non-compliance is suspected.

8. Risk and Limitation of Liability

8.1 Goods are at the Customer’s risk at all times unless expressly agreed in writing.

8.2 The Company shall not be liable for: a) Loss, damage, delay, deterioration, or failure to deliver Goods unless caused solely by the Company’s proven negligence; b) Consequential or indirect losses including loss of profits, market, or opportunity.

8.3 Where liability is established, it is limited to: a) AUD $100 per shipment; b) The lesser of the cost of repairing or replacing the Goods; c) The amount of fees received by the Company for the specific Service.

9. Subcontracting and Third Parties

9.1 The Company may subcontract any part of its Services.

9.2 Every exemption, limitation, defense, right, or indemnity in these Conditions extends to subcontractors, agents, and representatives.

10. Insurance

10.1 The Company does not provide insurance cover for Goods unless explicitly agreed in writing.

10.2 It is the Customer’s responsibility to: a) Arrange insurance with adequate coverage; b) Provide proof of insurance on request.

11. Charges and Payments

11.1 Charges are deemed earned as soon as Goods are collected or received, and are payable regardless of delivery status.

11.2 All charges must be paid within agreed terms or immediately in case of default.

11.3 The Company reserves the right to: a) Reweigh, revalue, or reclassify Goods and adjust charges; b) Recover costs related to currency fluctuation, taxes, surcharges, or waiting times.

12. Lien and Security Interests

12.1 The Company holds a general lien over all Goods and related documents in its possession for unpaid debts.

12.2 If debts remain unpaid: a) The Company may sell or dispose of Goods after 14 days' notice; b) Any surplus proceeds will be returned to the Customer after deducting costs.

12.3 The Customer grants a security interest under the PPSA over the Goods and agrees to the Company registering such interest.

13. Default and Insolvency

13.1 Upon a Customer’s Insolvency Event, the Company may: a) Terminate the Contract immediately; b) Suspend or withhold further Services; c) Retain and sell Goods to recover unpaid amounts.

13.2 All outstanding amounts become immediately due and payable upon default.

14. PPSA Contracting Out

14.1 To the maximum extent permitted by law, the Customer waives its rights to receive notices or verification statements under the PPSA.

14.2 The parties contract out of sections 95, 96, 120, 121, 123, and 125 of the PPSA to the extent permitted by section 115.

15. Indemnity and Exclusions

15.1 The Customer indemnifies the Company for all claims, losses, liabilities, fines, penalties, or expenses arising from: a) A breach of these Conditions; b) Failure to comply with applicable laws; c) Any act, omission, or misstatement by the Customer or its agents.

15.2 The Company is not liable for indirect or consequential losses, including loss of profit, business interruption, or reputational harm.

16. Dispute Resolution

16.1 Any dispute arising shall first be referred to good-faith negotiation between senior representatives of both parties.

16.2 If unresolved after 14 days, the dispute must be submitted to mediation conducted under Australian Dispute Centre rules before litigation.

17. Governing Law and Jurisdiction

17.1 These Conditions are governed by the laws of New South Wales, Australia.

17.2 The parties submit to the exclusive jurisdiction of the courts of that State.

18. Severability

18.1 If any provision of these Conditions is deemed void or unenforceable, the remainder of the Conditions shall remain valid and enforceable.

19. Amendments

19.1 These Conditions may only be amended by written agreement signed by an authorised officer of the Company.

20. Privacy and Data Collection

20.1 The Company collects, stores, and uses Customer information in accordance with the Privacy Act 1988 (Cth) and the Company’s Privacy Policy.

20.2 Information may be shared with third parties including government agencies and subcontractors where required to deliver Services.