Logmitec

Logmitec provides a secure and trustworthy platform that connects contractors with verified and trusted transporters. Our platform provides a seamless and efficient logistics experience, enabling businesses to operate with confidence.

Term and Conditions Agreement

PART I: GENERAL CONDITIONS

1. 1. Authority means a duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state, municipality, port or airport.
   2. Carriage means the whole or any part of the operations and services of whatsoever nature undertaken by the Company in relation to the Goods, including but not limited to the loading, unloading, storage, warehousing and handling of the goods.
   3. Company being Logmitec Pty LTD
   4. Container includes, unless otherwise indicated, any vehicle, container, flat, pallet, trailer, transportable tank and similar items used for the Consolidation of goods as well as mobile plant and timber packages.
   5. Customer/Transporters means any person, whether themselves an agent or a principal, at whose request or on whose behalf the Company provides a service.
   6. Dangerous Goods includes goods that are or may become of a dangerous, inflammable, radio-active or damaging nature, goods liable to taint or affect other goods and goods likely to harbour or encourage vermin or other pests.
   7. Goods includes the cargo and any container not supplied by or on behalf of the Company, in respect of which the Company provides a service;
   8. Owner/Contractor includes the owner, shipper and consignee of the Goods and any other Person who has or may have a legal or equitable relationship to the Goods at a relevant point of time and anyone acting on their behalf.
   9. Person includes persons or anybody or bodies corporate.
   10. Confidential Information means all and any information, including written, oral And electronic information disclosed at any time by either Party to the other Party, concerning the business, commercial and/or financial affairs of the disclosing Party, including any information relating to its operations, processes, plans, intentions, products and/or product information, know-how, designs, trade secrets, computer software, firmware and/or hardware, market opportunities, rating mechanisms, customers, clients, policy holders, documents, Data, Personal Information, letters, emails, correspondence, agreements, undertakings, structures, pricing, commission structures, messages, codes, formulae, technological information, specifications, blueprints, marketing methods, customer or client lists, service provider lists, employee or intermediary information, agent, consultant, contractor, subcontractor and/or representative information, projects, projections, financial information, cash flow charts, notes and/or extracts, and the strategic plans and/or policies that deal with the direction, manner, timing and/or implementation of any projects to be undertaken, and shall include this Agreements
2. 1. Subject to sub-clause (b) below, all services and activities of the Company in the course of business of the Company whether gratuitous or not are subject to these Conditions. The provisions of Part I shall apply to all such services and activities. The provisions of Part II shall only apply to the extent that the Company provides such services and activities as agents.
   2. Every variation, cancellation or waiver of these Conditions must be in writing signed by a Director of the Company. Notice is hereby given that no other person has or will be given any authority whatsoever to agree to any variation, cancellation or waiver of these Conditions.
3. All services and activities are provided by the Company as agents except in the following circumstances where the Company acts as principal:
   1. where the company performs any carriage, handling or storage of Goods but only to the extent that the carriage is performed by the Company itself or its servants and the Goods are in the actual custody and control of the Company, or
   2. where prior to the commencement of any carriage, handling or storage of Goods the Customer in writing demands from the Company particulars of the identity, services or charges of persons instructed by the Company to perform part or all of the carriage, the Company shall be deemed to be contracting as a principal in respect of that part of the carriage in respect of which the Company fails to give such particular demanded within 28 days of the Company's receipt of such demand, or
   3. to the extent that the Company expressly agrees in writing to act as a principal, or
   4. to the extent that the Company is held by a court of law to have acted as a principal.
4. Without prejudice to the generality of clause 3
   1. the charging by the Company of a fixed price for a service or services of whatsoever nature shall not in itself determine or be evidence that the Company is acting as an agent or a principal in respect of such service or services
   2. the supplying by the Company of their own or leased equipment shall not in itself determine or be evidence that the Company is acting as an agent or a principal in respect of any carriage, handling or storage of Goods
   3. the Company acts as an agent where the Company procures a bill of lading or other document evidencing a contract of carriage between a person, other than the Company, and the Customer or Owner
   4. the Company acts as an agent and never as a principal when providing services in respect of or relating to customs requirements, taxes, licenses, consular documents, certificates of origin, inspection, certificates and other similar services
   5. quotations are given on the basis that immediate acceptance and are subject to the right of withdrawal or revision. If any changes occur in the rates of freight, insurance premiums or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without prior notice but shall be subsequently communicated by the Company
Obligations of Customer
5. The Customer warrants that he is either the Owner or the authorized agent of the Owner of the Goods and that he is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.
6. The Customer warrants that he has reasonable knowledge of matters affecting the conduct of his business, including but not limited to the terms of sale and purchase of the Goods and all other matters relating thereto.
7. The Customer shall give sufficient and executable Instructions.
8. The Customer warrants that the description and particulars of the Goods are complete and accurate.
9. The Customer warrants that the Goods are properly packed, marked, labelled and stowed in a manner appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods except where the Company has accepted instructions in respect of such services.
Special Instructions, Goods and services
10. 1. Unless otherwise previously agreed in writing, the Customer shall not deliver to the Company or cause the Company to deal with or handle Dangerous Goods.
    2. If the Customer is in breach of sub-clause (a) above he shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising. The Customer shall defend, indemnify and hold harmless the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time.
    3. If the Company agrees to accept Dangerous Goods and then, in the opinion of the Company or any other person, they constitute a risk to other goods, property, life or health they may without notice be destroyed or otherwise dealt with at the expense of the Customer or Owner.
General Indemnities
11. 1. The Customer and Owner shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising: ▪ from the nature of the goods unless caused by the Company's negligence, ▪ out of the Company acting in accordance with the Customer's or Owner's instructions, or ▪ from a breach of warranty or obligation by the Customer or arising from the negligence of the Customer or Owner.
    2. Except to the extent caused by the Company's negligence, the Customer and Owner shall be liable for and shall defend, indemnify and hold harmless the Company in respect of all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by an Authority in respect of the Goods, Dangerous Goods and/or Container and for all liabilities, payments, fines, costs, expenses, loss and damage whatsoever incurred or sustained by the Company in connection therewith.
    3. Advice and information in whatever form it may be given is provided by the Company for the Customer and/or Owner only and the Customer and/or Owner shall defend, indemnify and hold harmless the Company for all liability, loss, damage, costs and expenses arising out of any other person relying on such advice or information. The Customer shall not pass such advice or information to any third party without the Company’s written agreement and the Customer and/or Owner shall indemnify the Company against any loss suffered because of a breach of this condition.
    4. The Customer undertakes that no claim be made against any servant, sub- contractor or agent of the Company which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, if any such claim should nevertheless be made, to indemnify and hold harmless the Company against all consequences thereof. Without prejudice to the foregoing, every such servant sub-contractor or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract the Company, to the extent of those provisions, does so not only on his behalf but as agent and trustee for such servants, sub- contractors and agents. The Customer shall defend, indemnify and hold harmless the Company from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these Conditions and without prejudice to the generality of this clause this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence of the Company, its servants, sub-contractors and agents. In this clause, "sub-contractors" includes direct and indirect sub-contractors and their respective servants and agents.
    5. The Customer shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the Company or any person or vessel referred to in (d) above caused by the Customer or Owner or any person acting on behalf of either of them or for which the Customer is otherwise responsible.
Charges, etc.
12. The company will collect 5% of the transaction fee made by both the customer and owner, this fee however does not include the deposit fees, cancellation fees, or deduction fees collected by the bank. General Liability 13.
    1. Except insofar as otherwise provided by these Conditions, the Company shall not be liable for any loss or damage whatsoever arising from:
       1. the act or omission of the Customer or Owner or any person acting on their behalf
       2. compliance with the instructions given to the Company by the Customer, Owner or any other person entitled to given them
       3. insufficiency of the packing or labelling of the Goods except where such service has been provided by the Company
       4. handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf
       5. inherent vice of the Goods
       6. riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause
       7. fire, flood or storm, or
       8. any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence
       9. If Customer and Owner decide to take their business outside of the Company, any losses or damages cannot be at the liability of the Company
    2. Where under sub-clause (a) above the Company is not under any liability for loss or damage caused by one or more of the causes, events or occurrence above, the Company shall only be liable to the extent that the causes, events or occurrences for which it is liable under these Conditions have contributed to the loss or damage. The burden of proof that the loss or damage was due to one or more of the causes, events or occurrences specified in sub-clause (a) above shall rest upon the Company, save that when the Company establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes, events or occurrences specified in (iii) to (vi) of sub-clause (a), it shall be presumed that it was so caused. The Customer shall, however, be entitled to prove that the loss or damage was not in fact caused wholly or partly by one of the causes, events or occurrences listed under sub-clause (a).
    3. The Company shall not be liable for loss or damage to property other than the Goods themselves howsoever caused.
    4. Subject to clause 13, the Company shall not be liable for economic loss in any form, such as indirect or consequential loss or damage, loss of profit, delay, deviation, howsoever caused.
PART II: COMPANY AS AGENT
13. 1. To the extent that the Company acts as an agent, the Company does not make or purport to make any contract with the Customer for the carriage, storage or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such services by establishing contracts with third parties so that direct contractual relationship is established between the Customer and such third parties.
    2. The Company shall not be liable for the acts and omissions of such third parties referred to in sub-clause (a) above.
14. 1. The Company when acting as an agent has the authority of the Customer to enter into contracts on the Customer's behalf and to do such acts so as to bind the Customer by such contracts and acts in all respects notwithstanding any departure from the Customer's instructions.
    2. Except to the extent caused by the Company's negligence, the Customer shall defend, indemnify and hold harmless the Company in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the Customer's requirements in accordance with clause 38.
Confidentiality/ POPI ACT
15. A Party (the “Receiving Party”) that receives Confidential Information undertakes to keep all Confidential Information confidential and to disclose it only to its officers, directors, employees, consultants and professional advisors who: have a need to know (and then only to the extent that each such Person has a need to know); are aware that the Confidential Information should be kept confidential; are aware of the Receiving Party’s undertaking in relation to the Confidential Information in terms of this Agreement; and have been directed by the Receiving Party to keep the Confidential Information confidential and have undertaken to keep the Confidential Information confidential. The obligations of the Receiving Party in relation to the maintenance and nondisclosure of Confidential Information in terms of this Agreement do not extend to Confidential Information that: is disclosed to the Receiving Party in terms of this Agreement but at the time of such disclosure such Confidential Information is known to be in the lawful possession or control of the Receiving Party and not subject to an obligation of confidentiality; is or becomes public knowledge, otherwise than pursuant to a breach of this Agreement by the Receiving Party; or is required by the provisions of any Laws or during any court or other legal proceedings, or by the rules or regulations of any recognised stock exchange to be disclosed and the Party required to make the disclosure has taken all reasonable steps to oppose or prevent the disclosure of and to limit, as far as reasonably possible, the extent of such disclosure and has consulted with the other Party prior to making such disclosure. Save in the event that Disclosing Party agrees in writing, the Receiving Party will not: copy, delete, alter, remove, or in any manner process, Data pertaining to any Data Subject. Personal Information may only be Processed by the Receiving Party subject to the terms and conditions of this Agreement as read with POPI.
BREACH & TERMINATION
16. Should either Party ("the Defaulting Party") commit a breach of any of the provisions of this Agreement, then the other Party ("the Aggrieved Party") shall be entitled to give the Defaulting Party 14 (fourteen) days written notice to remedy the breach. If the Defaulting Party fails to comply with such notice, the Aggrieved Party shall be entitled to cancel this Agreement against the Defaulting Party or to claim immediate payment and/or specific performance by the Defaulting Party of all theDefaulting Party's obligations whether or not the due date for payment and/or performance shall have arrived, in either event without prejudice to the Aggrieved Party's rights to claim damages. The aforegoing is without prejudice to such other rights as the Aggrieved Party may have at law; provided always that, notwithstanding anything to the contrary contained in this Agreement, the Aggrieved Party shall not be entitled to cancel this Agreement for any breach by the Defaulting Party unless such breach is a material breach going to the root of this Agreement and is incapable of being remedied by payment in money, or if it is capable of being remedied by payment in money, the Defaulting Party fails to pay the amount concerned within 14 (fourteen) days after such amount has been finally determined.