TERMS AND CONDITIONS OF TRADE
1.1 “Madigan Freight Services” shall mean Madigan Freight Services Limited, or any agents or employees thereof.
1.2 “Client” shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and services from Madigan Freight Services.
1.3 “Services” shall mean all freight forwarding and custom brokerage services arranged by Madigan Freight Services for the Client and shall include without limitation all freight, storage and distribution services (including the importing and distribution of motor vehicles and vessels), custom brokerage and all charges for time and attendances, hire charges, insurance charges, or any fee or charge associated with the supply of Services by Madigan Freight Services to the Client.
1.4 “Price” shall mean the cost of the Services as agreed between Madigan Freight Services and the Client and includes all disbursements e.g. charges Madigan Freight Services pay to others on the Client’s behalf subject to clause 4 of this contract.
2.1 Any instructions received by Madigan Freight Services from the Client for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Client authorises Madigan Freight Services to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Madigan Freight Services to any other party.
3.2 The Client authorises Madigan Freight Services to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Client is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be sold at the current amount as such Services are sold by Madigan Freight Services at the time of the contract together with disbursements.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of Madigan Freight Services between the date of the contract and delivery of the Services.
5.1 Payment for Services shall be made in full prior to release of import cargo, or prior to consignment of export cargo unless alternative arrangement has been agreed to in writing by Madigan Freight Services. In the case of such arrangement payment shall be made in full on or before the agreed due date. August 22, 2022
5.2 All disbursements (including duty, taxes, freight, storage, carriage and agency fees) must be paid prior to release of import cargo, or prior to consignment of export cargo.
5.3 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.4 Any expenses, disbursements and legal costs incurred by Madigan Freight Services in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.
5.5 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.6 In certain circumstances a deposit or payment in advance may be required.
6.1 Where a quotation is given by Madigan Freight Services for Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for fourteen (14) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary.
6.1.3 Madigan Freight Services reserve the right to alter the quotation because of circumstances beyond its control such as varying freight costs and fuel charges.
6.2 Where Services are required in addition to the quotation the Client agrees to pay for the additional cost of such Services.
7.1 The Client authorises Madigan Freight Services to contract either as principal or agent for the provision of Services that are the subject of this contract.
7.2 Where Madigan Freight Services enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Client agrees to pay any amounts due under that contract.
8. GENERAL LIEN
8.1 The Client agrees that Madigan Freight Services may exercise a general lien against any Services or property belonging to the Client that is in the possession of Madigan Freight Services for all sums outstanding under this contract and any other contract to which the Client and Madigan Freight Services are parties.
8.2 If the lien is not satisfied within seven (7) days of the due date Madigan Freight Services may, having given notice of the lien at its option either:
8.2.1 Remove such Services and store them in such a place and in such a manner as Madigan Freight Services shall think fit and proper and at the risk and expense of the Client; or
8.2.2 Sell such Services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
9.1 Claims must be received within seven (7) days of the date of notification of availability of freight for collection or the date of delivery or the date of release of freight, whichever date is the earlier. August 22, 2022
9.2 In any event the Company shall be discharged from all liability whatsoever in connection with the provision of Services unless suit is brought and served within nine (9) months of the provision of Services or when Services should have been provided. The Company hereby expressly contracts out of the operation of section 19 of the Carriage of Goods Act 1974, including, without limitation, the operation of section 19(4) of that Act, which shall be of no application whatsoever.
10. DESCRIPTION AND PACKAGING
10.1 The Client warrants the description and particulars of the freight is true, correct and adequate and agrees to indemnify Madigan Freight Services against all losses arising or resulting from any inaccuracies or inadequacy in that information.
10.2 The Client warrants that the freight is properly packed and labeled for carriage except where Madigan Freight Services have accepted written instructions in respect of such services.
11. DANGEROUS GOODS
11.1 Madigan Freight Services may at any time (without compensation or notice to the Client and without prejudice to its right to freight and charges) destroy, dispose of, abandon, render harmless or otherwise deal with any freight, whether originally dangerous or not, that in the opinion of Madigan Freight Services or any other person constitutes a risk or becomes dangerous or of damaging nature to other freight, property, life or health.
11.2 Whether or not the client was aware of the nature of the freight, the Client shall indemnify and hold harmless Madigan Freight Services against all claims, losses, penalties, damages, or expenses arising in consequence of any breach of the provisions of this clause.
12. STORAGE, RISK AND DELIVERY
12.1 At any time the freight may be warehoused or otherwise held at any place at Madigan Freight Services’ sole discretion at the Client’s expense.
12.2 The freight is carried at the Client’s risk and that risk shall remain with the Client throughout this agreement. Subject to clause 12.1 the Client is responsible for arranging insurance.
12.3 Delivery shall be deemed complete at the time and place when and where Madigan Freight Services is entitled to call upon the client to take delivery. Upon notice of delivery being given to the Client, Madigan Freight Services shall be entitled without notice to unstow or store the freight at the expense of the Client and such storage shall be deemed delivery.
12.4 Madigan Freight Services shall not be liable for any loss or damage whether due to failure by Madigan Freight Services to deliver the freight (or any of it) promptly or at all. Madigan Freight Services reserves the right to deliver the freight by instalments and each instalment shall be deemed to be a separate contract subject to the same conditions as the main contract. Failure by Madigan Freight Services to deliver one or more instalments shall not entitle the Client to repudiate the main contract.
13.1 Insurance will not be arranged by Madigan Freight Services except with the express written instructions of the Client and then only at the Client’s expense and on lodgement of a declaration as to value prior to receipt of freight by Madigan Freight Services.
13.2 Madigan Freight Services accepts no liability for any insurance arrangements and the Client agrees to indemnify Madigan Freight Services for any loss or damage it may suffer in relation to or arising out of the insurance of the freight. August 22, 2022
14.1 Madigan Freight Services carries on business as a customs and forwarding agent, warehouse, storage and distribution and is not the actual carrier of goods. Madigan Freight Services’ obligations are restricted to arranging carriage of the goods by a reputable carrier and are performed subject only to these terms and conditions and when applicable the conditions printed on any transport document issued by Madigan Freight Services itself or as agent for the carrier. Madigan Freight Services accepts no liability as a carrier and all Services are arranged “at owners risk”.
14.2 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Carriage of Goods Act 1979 and other statutes may imply warranties or conditions or impose obligations upon Madigan Freight Services which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Madigan Freight Services, Madigan Freight Services’ liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
14.3 Except as otherwise provided by clause 14.2, Madigan Freight Services shall not be liable for:
14.3.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by Madigan Freight Services to the Client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Madigan Freight Services to the Client; and
14.3.2 If, contrary to Madigan Freight Services’ disclaimer of liability contained in these terms and conditions of trade, Madigan Freight Services is deemed to be liable then such liability is limited in its aggregate to $100.00;
14.3.3 The Client shall defend and indemnify Madigan Freight Services against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Madigan Freight Services or otherwise, brought by any person in connection with any matter, act, omission, or error by Madigan Freight Services its agents or employees in connection with the Services.
15. CONSUMER GUARANTEES ACT
15.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Services from Madigan Freight Services for the purposes of a business in terms of section 2 and 43 of that Act.
16.1 Madigan Freight Services shall not be liable for delay or failure to perform its obligations.
16.2 Failure by Madigan Freight Services to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Madigan Freight Services has under this contract.
16.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.4 Madigan Freight Services and the Client agree that any additional conditions of carriage and trade issued by Madigan Freight Services at the time any contract of carriage is entered into shall also form part of these terms and conditions of trade.