TAG Xpress

Terms and Conditions of Service

1. Definitions and Interpretation

In these Terms and Conditions (“Terms”):

1.1. Company means TAG Xpress Pty Ltd and includes its related bodies corporate, subcontractors, agents and assigns.
1.2. Client means the person, company or entity engaging the Company to provide the Services.
1.3. Services means any logistics, warehousing, transport, freight forwarding, distribution, customs support, inventory management, fulfilment or related services provided by the Company.
1.4. Goods means all items received by the Company from the Client for storage, handling, transport, delivery or other Services.
1.5. PPSA means the Personal Property Securities Act 2009 (Cth).
1.6. Force Majeure means any event beyond the reasonable control of the Company, including but not limited to natural disasters, industrial action, government actions, strikes, fire, flood or other events that materially affect performance.

Unless the context otherwise requires, words in the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

2. Application of Terms

2.1. These Terms apply to all Services provided by the Company and prevail over any inconsistent terms proposed by the Client.
2.2. Any variation to these Terms must be agreed in writing and signed by a director of TAG Xpress.
2.3. The Client acknowledges that requesting or accepting Services (whether by written instruction, email, booking or otherwise) constitutes acceptance of these Terms.

3. Scope of Services

3.1. The Company may provide any combination of logistics services, including transportation (road, rail, sea or air), warehousing, storage, fulfilment, inventory management, returns processing, customs facilitation, packaging and related activities, as agreed between the parties.
3.2. The Company may subcontract all or part of the Services to third parties at its discretion.

4. Client Obligations

4.1. The Client warrants that:
(a) it has full legal authority to engage the Company to perform the Services;
(b) all information provided to the Company is accurate and complete, including the description, weight, dimensions, value and handling requirements of the Goods;
(c) the Goods are properly prepared, packed and labelled in accordance with all applicable laws, regulations and industry standards;
(d) it complies with all applicable laws and regulations, including those relating to dangerous goods.

4.2. The Client must notify the Company in writing of any special storage, handling or delivery requirements prior to the provision of the Services.

5. Charges and Payment

5.1. The Client must pay all fees, charges and expenses for the Services as set out in the Company’s quote, rate card or invoice.
5.2. All charges are due and payable by the invoice due date and must be paid without set-off or deduction.
5.3. The Company may charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until payment is received.
5.4. All charges are exclusive of GST. Where applicable, GST will be added and is payable in addition to the charges.

6. Risk and Insurance

6.1. Risk in the Goods remains with the Client at all times, except to the extent that the Company is acting as principal and has physical custody of the Goods.
6.2. The Client is responsible for maintaining adequate insurance for the Goods and any associated risks.
6.3. Unless expressly agreed in writing, the Company does not arrange or provide insurance on behalf of the Client.

7. Liability and Indemnity

7.1. To the maximum extent permitted by law, the Company’s liability for any loss, damage or delay arising out of or in connection with the Services is limited to the lesser of:
(a) the value of the Goods directly affected; or
(b) the charges paid to the Company for the Services giving rise to the claim.

7.2. The Company is not liable for any indirect, special, incidental or consequential loss, including loss of profit, loss of market, or business interruption.

7.3. The Client indemnifies and holds the Company harmless from and against all liabilities, losses, damages, costs, expenses, fines and penalties arising from or in connection with:
(a) incorrect, incomplete or misleading instructions provided by the Client;
(b) any breach of applicable law by the Client;
(c) hazardous, prohibited or improperly packaged Goods;
(d) claims by third parties arising from the Goods or the Services.

7.4. Nothing in these Terms excludes, restricts or limits any rights or remedies that cannot be excluded under the Australian Consumer Law.

8. Force Majeure

8.1. The Company will not be liable for any failure or delay in performing its obligations where such failure or delay is caused by a Force Majeure event. The Company will resume performance as soon as reasonably practicable after the Force Majeure event ceases.

9. Termination

9.1. Either party may terminate the Services by giving written notice to the other.
9.2. Upon termination, all outstanding fees and charges become immediately due and payable.
9.3. The Company may retain possession of the Goods until all amounts owing by the Client are paid in full, subject to applicable laws.

10. Governing Law and Jurisdiction

10.1. These Terms are governed by the laws of the State of Victoria, Australia.
10.2. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

11. Miscellaneous

11.1. These Terms constitute the entire agreement between the parties in relation to the Services and supersede all prior agreements, understandings and representations.
11.2. Any amendment or variation to these Terms must be in writing and signed by both parties.
11.3. If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

12. PPSA and Security Interest

12.1. The Client grants the Company a security interest (as defined in the PPSA) in all present and after-acquired Goods and their proceeds to secure payment of all amounts owing to the Company, whether current or future, actual or contingent.

12.2. The Client acknowledges that this agreement constitutes a security agreement for the purposes of the PPSA.

12.3. The Company may register its security interest on the Personal Property Securities Register (PPSR) at any time and without notice to the Client. The Client must do all things reasonably required by the Company to enable registration, enforcement or perfection of the security interest.

12.4. To the extent permitted by law, the Client waives its rights under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 137, 142 and 143 of the PPSA.

12.5. The Company may exercise all enforcement rights available under the PPSA in respect of the Goods, including the right to retain, sell or dispose of the Goods to satisfy outstanding amounts.

12.6. The Client agrees that the Company is not required to give notice under the PPSA unless that requirement cannot be excluded by law.