Terms and Conditions
1. Definitions
BGL means Bolton Global Logistics, its successors and assigns or any person acting on behalf of and with the authority of Bolton Global Logistics.
Customer means the person or entity purchasing Goods or Services from BGL and, where more than one party is named, each party jointly and severally.
Goods means all goods transported, handled, stored or otherwise dealt with by BGL at the request of the Customer, and includes Services where applicable.
Services means freight forwarding, transport, logistics, handling, storage and associated services supplied by BGL.
Price means the amount payable by the Customer to BGL for the Goods and Services supplied.
2. Acceptance
These Terms are deemed accepted when the Customer places an order or accepts delivery or performance of Services.
Any advice or recommendations provided by BGL are given in good faith only. BGL accepts no liability arising from reliance upon such advice.
3. Change in Control
The Customer must provide at least fourteen (14) days written notice of any change in ownership, structure, or business details. The Customer is liable for any loss incurred by BGL due to failure to notify such changes.
4. Price and Payment
The Price shall be either as shown on BGL invoices or BGL’s quotation valid for thirty (30) days unless otherwise stated.
BGL may vary prices where services or freight requirements change.
BGL may require deposits at its discretion.
Payment terms are strictly as stated on the invoice. Time is of the essence.
Prices exclude GST unless expressly stated. GST and applicable taxes are payable in addition to freight charges.
5. Delivery
The Customer must accept delivery whenever tendered.
Delivery times are estimates only. BGL is not liable for delay.
Storage, redelivery or additional handling caused by Customer delay may be charged to the Customer.
6. Risk and Insurance
All Goods travel at the Customer’s risk from the time BGL or its subcontractors take possession.
BGL does not provide insurance unless agreed in writing.
7. Customer Responsibilities
BGL is entitled to rely upon information provided by the Customer including weights, dimensions, packaging and handling requirements.
The Customer warrants Goods are adequately packaged and labelled to withstand normal transport risks.
The Customer indemnifies BGL for loss caused by inaccurate information.
8. Site Access
The Customer must provide safe and adequate access for deliveries and collections. BGL is not liable for damage caused while accessing premises unless caused by proven negligence.
9. Default and Consequences of Default
Interest accrues on overdue accounts at 2.5% per month, compounding monthly.
BGL may suspend or cease services where accounts are overdue.
All outstanding amounts become immediately payable if insolvency or default occurs.
The Customer must indemnify BGL for all debt recovery costs including legal fees and collection charges.
10. Carrier’s Lien
BGL holds a general and particular lien over all Goods in its possession for monies owing.
BGL may retain and sell Goods to recover unpaid charges after reasonable notice.
11. Claims
Any claim for loss or damage must be made in writing within seven (7) days of delivery.
Failure to notify within this time extinguishes all claims.
Goods must be inspected upon delivery and damage noted on delivery documentation.
12. Dangerous Goods
The Customer must declare dangerous or hazardous Goods.
The Customer indemnifies BGL for loss or damage arising from undeclared or improperly declared dangerous Goods.
13. Subcontracting
BGL may subcontract services.
Subcontractors receive the same liability protections as BGL.
The Customer must not pursue claims directly against subcontractors.
14. Compliance with Laws
Both parties must comply with all relevant laws. The Customer is responsible for permits or approvals required for transport.
15. Dispute Resolution
Disputes shall first be negotiated in good faith and failing resolution, referred to arbitration in accordance with Australian arbitration rules.
16. Privacy and Credit Information
The Customer authorises BGL to obtain and exchange credit information for credit assessment and recovery purposes.
17. General
Failure to enforce any clause does not waive rights.
Invalid clauses do not affect remaining provisions.
Liability for indirect or consequential loss is excluded.
Liability is limited to the freight charges paid unless prohibited by law.
Customers cannot withhold payment due to disputes.
BGL may subcontract or assign services.
Terms may be amended with notice and continued trading constitutes acceptance.
Neither party is liable for events beyond reasonable control.
The Customer warrants authority to contract.
Customers must verify bank detail changes directly with BGL. BGL is not liable for payments made to incorrect accounts where verification has not occurred.
These Terms are governed by the laws of Western Australia and disputes shall be heard in that jurisdiction.