Terms & ConditionS
PAN Logistics Pty Ltd – Terms & Conditions
1.1 "PAN Logistics" shall mean PAN
Logistics Pty Ltd T/A panlogistics.com.au and its successors and
assigns or any person acting on behalf of and with the authority of PAN
Logistics Pty Ltd T/A panlogistics.com.au.
1.2 "Sub-Contractor" shall mean and
(a) railways or airways operated by the
Commonwealth or any state or any other country or by any corporation;
(b) any other person, firm or PAN Logistics
with whom PAN Logistics may arrange for the carriage or storage of any
Goods the subject of the contract;
(c) or any person who is now or hereafter
a servant, agent, employee or sub-contractor of any of the persons
referred to in clause 1.2(a) and 1 2(b).
1.3 "Customer" shall mean the Customer or
any person or persons acting on behalf of and with the authority of the
Customer Where more than one Customer has entered into this agreement,
the Customers shall be jointly and severally liable for all payments of
1.4 "Consignee" shall mean the person to
whom the Goods are to be delivered by way of PAN Logistics's Services.
1.5 "Guarantor" means that person (or
persons), or entity who agrees herein to be liable for the debts of the
Customer on a principal debtor basis.
1.6 "Goods" shall mean cargo together
with any container, packaging, or pallet(s) to be moved from one place
to another by way of PAN Logistics's Services, or for storage by PAN
1.7 "Services" shall mean all services
supplied by PAN Logistics to the Customer and are as described on the
quotations, invoices, consignment note, airway bills, manifests, sales
order or any other forms as provided by PAN Logistics to the Customer
and includes any advice or recommendations.
1.8 "Price" shall mean the cost of the
Services as agreed between PAN Logistics and the Customer subject to
clause 4 of this contract.
2.1 Any instructions received by PAN
Logistics from the Customer for the supply of Services shall constitute
acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and
conditions by the Customer the terms and conditions are irrevocable and
can only be rescinded in accordance with these terms and conditions or
with the written consent of the manager of PAN Logistics.
2.3 These terms and conditions are to be
read in conjunction with PAN Logistics's quotation, consignment note,
agreement, airway bills, manifests, or any other forms as provided by
PAN Logistics to the Customer If there are any inconsistencies between
these documents then the terms and conditions contained in this
document shall prevail.
2.4 The Customer shall give PAN Logistics
not less than fourteen (14) days prior written notice of any proposed
change of ownership of the Customer or any change in the Customer's
name and/or any other change in the Customer's details (including but
not limited to, changes in the Customer's address, facsimile number, or
business practice). The Customer shall be liable for any loss incurred
by PAN Logistics as a result of the Customer's failure to comply with
3.1 At PAN Logistics's sole discretion
the Price shall be either;
(a) as indicated on invoices provided by PAN
Logistics to the Customer in respect of Services supplied; or
(b) PAN Logistics's quoted Price (subject to
clause 4.2 & 4.3) which shall be binding upon PAN Logistics
provided that the Customer shall accept in writing PAN Logistics's
quotation within thirty (30) days.
3.2 PAN Logistics may by giving notice to
the Customer increase the Price of the Services to reflect any increase
in the cost to PAN Logistics beyond the reasonable control of PAN
Logistics (including, without limitation, foreign exchange
fluctuations, or increases in taxes or customs duties or insurance
premiums or warehousing costs).
3.3 The Carrier may charge freight by
weight, measurement or value, and may at any time re-weigh, or revalue
or re-measure or require the Goods to be re-weighed, or re-valued or
re- measured and charge proportional additional freight accordingly.
3.4 Time for payment for the Services
shall be of the essence and will be stated on the on the invoice,
consignment note, airway bills, manifests or any other forms. If no
time is stated then payment shall be due thirty (30) days following the
date of the invoice
3.5 At PAN Logistics's sole discretion;
(a) payment shall be due on delivery of the
(b) payment for approved Customers shall be
made by installments in accordance with PAN Logistics's payment
3.6 Payment will be made by cash, or by
cheque, or by bank cheque, or by credit card (plus a surcharge of up to
two and one half percent (2.5%) of the Price), or by direct credit, or
by any other method as agreed to between the Customer and PAN Logistics.
3.7 GST and other taxes and duties that
may be applicable shall be added to the Price except when they are
expressly included in the Price.
Logistics Not Common Carrier
4.1 PAN Logistics is not a Common Carrier
and will accept no liability as such. All articles are carried or
transported and all storage and other services are performed by PAN
Logistics subject only to these conditions and PAN Logistics reserves
the right to refuse the carriage or transport of articles for any
person, corporation or body, and the carriage or transport of any class
of articles at its discretion.
5.1 If a container has not been stowed by
or on behalf of PAN Logistics PAN Logistics shall not be liable for
loss of or damage to the Goods caused by:
(a) the manner in which the container has been
(b) the unsuitability of the Goods for carriage
or storage in containers; or
(c) the unsuitability or defective
condition of the container.
6.1 The Customer hereby authorises PAN
Logistics (if it should think fit to do so) to arrange with a
Sub-Contractor for the carriage of any Goods that are the subject of
the contract. Any such arrangement shall be deemed to be ratified by
the Customer upon delivery of the said Goods to such Sub-Contractor,
who shall there upon be entitled to the full benefit of these terms and
conditions to the same extent as PAN Logistics. In so far as it may be
necessary to ensure that such Sub-Contractor shall be so entitled PAN
Logistics shall be deemed to enter into this contract for its own
benefit and also as agent for the Sub-Contractor. In so far as it may
be necessary to ensure that such Sub-Contractor shall be so entitled
PAN Logistics shall be deemed to enter into this contract for its own
benefit and also as agent for the Sub-Contractor.
Logistics's Servants or Agents
7.1 The Customer undertakes that no claim
or allegation shall be made against any servant or agent of PAN
Logistics which attempts to impose upon any of them any liability
whatsoever in connection with the Goods and, if any such claim or
allegation should nevertheless be made, to indemnify PAN Logistics and
any such servant or agent against all consequences thereof.
8.1 If the Customer instructs PAN
Logistics to use a particular method of carriage whether by road, rail,
sea or air PAN Logistics will give priority to the method designated
but if that method cannot conveniently be adopted by PAN Logistics the
Customer shall be deemed to authorise PAN Logistics to carry or have
the Goods carried by another method or methods.
9.1 The Customer shall be deemed to
authorise any deviation from the usual route or manner of carriage of
Goods that may in the absolute discretion of PAN Logistics be deemed
reasonable or necessary in the circumstances.
10. Charges Earned
10.1 PAN Logistics's charges shall be considered
earned in the case of Goods for carriage as soon as the Goods are
loaded and dispatched from the Customer's premises
11.1 The Customer will be and shall remain
responsible to PAN Logistics for all its proper charges incurred for
any reason. A charge may be made by PAN Logistics in respect of any
delay in excess of thirty (30) minutes in loading or unloading
occurring other than from the default of PAN Logistics.
11.2 Such permissible delay period shall commence
upon PAN Logistics reporting for loading or unloading. Labour to load
or unload the vehicle shall be the responsibility and expense of the
Customer or Consignee.
12. Dangerous Goods
12.1 Unless otherwise agreed in advance in writing
with PAN Logistics the Customer or his authorised agent shall not
tender for carriage or for storage any explosive, inflammable or
otherwise Dangerous Goods. The Customer shall be liable for and hereby
indemnifies PAN Logistics for all loss or damage whatsoever caused by
any Dangerous Goods.
13. Consignment Note
13.1 It is agreed that the person delivering any
Goods to PAN Logistics for carriage or forwarding is authorised to sign
the consignment note for the Customer.
14.1 The Customer expressly warrants to PAN Logistics
that the Customer is either the owner or the authorised agent of the
owner of any Goods or property that is the subject matter of this
contract of cartage and/or storage and by entering into this contract.
the Customer accepts these conditions of contract for the Consignee as
well as for all other persons on whose behalf the Customer is acting.
15.1 PAN Logistics is authorised to deliver the Goods
at the address given to PAN Logistics by the Customer for that purpose
and it is expressly agreed that PAN Logistics shall be taken to have
delivered the Goods in accordance with this contract if at that address
PAN Logistics obtains from any person a receipt or a signed delivery
docket for the Goods.
15.2 PAN Logistics may deliver the Goods by separate
installments (in accordance with the agreed delivery schedule). Each
separate installment shall be invoiced and paid for in accordance with
the provisions in this contract.
15.3 Delivery of the Goods to a third party nominated
by the Customer is deemed to be delivery for the purposes of this
15.4 It is the Customer's sole responsibility to
address adequately each consignment and to provide written delivery
instructions to enable effective delivery.
15.5 The failure of PAN Logistics to deliver shall
not entitle either party to treat this contract as repudiated.
16. Loss Or Damage
16.1 Subject to any statutory provisions imposing
liability in respect of the loss of or damage to the Goods (including
but not limited to chilled, frozen, refrigerated or perishable Goods)
(a) PAN Logistics shall not be under any
liability for any damage to, loss, deterioration, mis-delivery, delay
in delivery or non-delivery of the Goods (whether the Goods are or have
been in the possession of PAN Logistics or not) nor for any
instructions, advice, information or service given or provided to any
person, whether in respect of the Goods or any other thing or matter,
nor for any consequential or indirect loss, loss of market or
consequences of delay; and
(b) the Customer will indemnify PAN Logistics
against all claims of any kind whatsoever, howsoever caused or arising
brought by any person in connection with any matter or thing done, said
or omitted by PAN Logistics in connection with the Goods.
17.1 The customer acknowledges that:
(a) the Goods are carried and stored at the
Customer's sole risk and not at the risk of PAN Logistics; and
(b) PAN Logistics is under no obligation to
arrange insurance of the Goods and it remains the Customer's
responsibility to ensure that the Goods are insured adequately or at
(c) under no circumstances will PAN
Logistics be under any liability with respect to the arranging of any
such insurance and no claim will be made against PAN Logistics for
failure to arrange or ensure that the Goods are insured adequately or
Commonwealth Trade Practices Act 1974 and Fair Trading Acts
18.1 Nothing in this agreement is intended to have
the affect of contracting out of any applicable provisions of the Fair
Trading Acts in each of the States and Territories of Australia, except
to the extent permitted by those Acts where applicable.
18.2 Liability of PAN Logistics arising out of any
one incident whether or not there has been any declaration of value of
the Goods, for breach of warranty implied into these terms and
conditions by the Trade Practices Act 1974 or howsoever arising, is
limited to any of the following as determined by PAN Logistics;
(a) the supplying of the Services again; or
(b) the payment of the cost of having the
Services supplied again; or
(c) where the Customer is a consumer as
defined in the Trade Practices Act 1974 then the client shall also be
entitled to a refund.
19. Default &
Consequences Of Default
19.1 Interest on overdue invoices shall accrue from
the date when payment becomes due daily until the date of payment at a
rate of 2.5% per calendar month and such interest shall compound
monthly at such a rate after as well as before any judgment.
19.2 If the Customer defaults in payment of any
invoice when due, the Customer shall indemnify PAN Logistics from and
against all costs and disbursements incurred by PAN Logistics in
pursuing the debt including legal costs on a solicitor and own client
basis and PAN Logistics's collection agency costs.
19.3 Without prejudice to any other remedies PAN
Logistics may have, if at any time the Customer is in breach of any
obligation (including those relating to payment), PAN Logistics may
suspend or terminate the supply of Services to the Customer and any of
its other obligations under the terms and conditions. PAN Logistics
will not be liable to the Customer for any loss or damage the Customer
suffers because PAN Logistics exercised its rights under this clause.
19.4 If any account remains overdue after thirty (30)
days then an amount of the greater of $20.00 or 10.00% of the amount
overdue (up to a maximum of $200) shall be levied for administration
fees which sum shall become immediately due and payable.
19.5 Without prejudice to PAN Logistics's other
remedies at law PAN Logistics shall be entitled to cancel all or any
part of any order of the Customer which remains unperformed in addition
to and without prejudice to any other remedies and all amounts owing to
PAN Logistics shall, whether or not due for payment, become immediately
payable in the event that;
(a) any money payable to PAN Logistics becomes
overdue, or in PAN Logistics's opinion the Customer will be unable to
meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a
meeting with its creditors or proposes or enters into an arrangement
with creditors, or makes an assignment for the benefit of its
(c) a receiver, manager, liquidator
(provisional or otherwise] or similar person is appointed in respect of
the Customer or any asset of the Customer.
20. Unpaid PAN
Logistics's Rights to Dispose of Goods
20.1 PAN Logistics shall have a lien on any Goods
(and any documents relating to those Goods) in the possession or
control of PAN Logistics for all sums payable by the Customer to PAN
Logistics, and PAN Logistics shall have the right to sell such Goods or
cargo by public auction or private treaty after giving notice to the
Customer. PAN Logistics shall be entitled to retain the sums due to it,
in addition to the charges incurred in detention and sale of such Goods
or cargo from the proceeds of sale and shall render any surplus to the
21. Security And
21.1 Despite anything to the contrary contained
herein or any other rights which PAN Logistics may have howsoever:
(a) where the Customer and/or the Guarantor (if
any) is the owner of land, realty or any other asset capable of being
charged, both the Customer and/or the Guarantor agree to mortgage
and/or charge all of their joint and/or several interest in the said
land, realty or any other asset to Deliver or PAN Logistics's nominee
to secure. all amounts and other monetary obligations payable under the
terms and conditions. The Customer and/or the Guarantor acknowledge and
agree that PAN Logistics (or Deliver's nominee) shall be entitled to
lodge where appropriate a caveat, which caveat shall be released once
all payments and other monetary obligations payable hereunder have been
(b) should PAN Logistics elect to proceed in
any manner in accordance with this clause and/or its sub clauses, the
Customer and/or Guarantor shall indemnify PAN Logistics from and
against all PAN Logistics's costs and disbursements including legal
costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if
any) agree to irrevocably nominate constitute and appoint PAN Logistics
or Deliver’s nominee as the Customer's and/or Guarantor's true and
lawful attorney to perform all necessary acts to give effect to the
provisions of this clause 21.1.
22. Privacy Act 1988
22.1 The Customer and/or the Guarantor/s agree for
PAN Logistics to obtain from a credit reporting agency a credit report
containing personal credit information about the Customer and
Guarantor/s in relation to credit provided by PAN Logistics.
22.2 The Customer and/or the Guarantor/s agree that
PAN Logistics may exchange information about the Customer and the
Guarantor/s with those credit providers either named as trade referees
by the Customer or named in a consumer credit report issued by a credit
reporting agency for the following purposes:
(a) to assess an application by Customer; and/or
(b) to notify other credit providers of a
default by the Customer; and/or
(c) to exchange information with other
credit providers as to the status of this credit account, where the
Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer
22.3 The Customer consents to PAN Logistics being
given a consumer credit report to collect overdue payment on commercial
credit (Section 18K(1)(h) Privacy Act 1988).
22.4 The Customer agrees that personal credit
information provided may be used and retained by PAN Logistics for the
following purposes and for other purposes as shall be agreed between
the "Customer and PAN Logistics or required by law from time to time:
(a) provision of Services, and/or
(b) marketing of Services by PAN Logistics, its
agents or distributors in relation to the Services; and/or
(c) analysing, verifying and/or checking
the Customer's credit, payment and/or status in relation to provision
of Services; and/or
(d) processing of any payment instructions,
direct debit facilities and/or credit facilities requested by Customer;
(e) enabling the daily operation of Customer's
account and/or the collection of amounts outstanding in the Customer's
account in relation to the Services
22.5 PAN Logistics may give information about the
Customer to a credit reporting agency for the following purposes
(a) to obtain a consumer credit report about
the Customer; and/or
(b) allow the credit reporting agency to create
or maintain a credit information file containing information about the
23.1 PAN Logistics may cancel any contract to which
these terms and conditions apply or cancel delivery of Goods at any
time before the Goods are delivered by giving written notice to the
Customer. On giving such notice PAN Logistics shall repay to the
Customer any sums paid in respect of the Price. PAN Logistics shall not
be liable for any loss or damage whatever arising from such
23.2 In the event that the Customer cancels delivery
of Goods the Customer shall be liable for any loss incurred by PAN
Logistics (including, but not limited to, any loss of profits) up to
the time of
24.1 If any provision of these terms and conditions
shall be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the remaining provisions
shall not be affected, prejudiced or impaired.
24.2 These terms and conditions and any contract to which they apply
shall be governed by the laws of Victoria and are subject to the
jurisdiction of the courts of Victoria
24.3 The Customer shall not be entitled to set off
against or deduct from the Price any sums owed or claimed to be owed to
the Customer by PAN Logistics
24.4 PAN Logistics reserves the right to review these
terms and conditions at any time. If, following any such review, there
is to be any change to these terms and conditions, then that change wi1
take effect from the date on which PAN Logistics notifies the Customer
of such change.
24.5 Neither party shall be liable for any default
due to any act of God, war, terrorism, strike, lock-out, industrial
action, fire, flood, drought, storm or other event beyond the
reasonable control of either party.
24.6 The terms and conditions set out herein shall
prevail over the terms and conditions set out in any document used by
the Customer, the owner or any other person having an interest in the
Goods and purporting to have a contractual effect.
24.7 The failure by PAN Logistics to enforce any
provision of these terms and conditions shall not be treated as a
waiver of that provision, nor shall it affect PAN Logistics's right to
subsequently enforce that provision.
PAN Logistics Pty Ltd T/A
"PAN Logistics" shall mean PAN Logistics Pty Ltd T/A
panlogistics.com.au and its successors and assigns or any person acting
on behalf of and with the authority of PAN Logistics Pty Ltd T/A
PAN Logistics is committed to providing you with the best possible
customer service experience. PAN Logistics is bound by the Privacy Act
1988 (Crh), which sets out a number of principles concerning the
privacy of individuals.
Collection Of Your Personal Information
There are many aspects of the site, which can be viewed without
providing personal information, however, for access to future PAN
Logistics customer support features you are required to submit
personally identifiable information. This may include but not limited
to a unique usemame and password, or provide sensitive information in
the recovery of your lost password.
Sharing Of Your Personal Information.
We may occasionally hire other companies to provide services on our
behalf, including but not limited to handling customer support
enquiries, processing transactions or customer freight shipping. Those
companies will be permitted to obtain only the personal information.
they need to deliver the service. PAN Logistics takes reasonable steps
to ensure that these organisations are bound by confidentiality and
privacy obligations in relation to the protection of your personal
Use Of Your Personal Information
For each visitor to reach the site, we expressively collect the
following non-personally identifiable information, including but not
limited to browser type, version and language, operating system, pages
viewed while browsing the Site, page access times and referring website
address. This collected information is used solely internally for the
purpose of gauging visitor traffic, trends and delivering personalized
content to you while you are at this Site. From time to time, we may
use customer information for new. unanticipated uses not previously
disclosed in our privacy notice. If our information practices change at
some time in the future we will use for these new purposes only, data
collected from the time of the policy change forward will adhere to our
PAN Logistics reserves the right to make amendments to this Privacy
should not access or use the Site.
Accessing Your Personal Information
You have a right to access your personal information, subject to
exceptions allowed by law. If you would like to do so, please let us
know. You may be required to put your request in writing for security
reasons. PAN Logistics reserves the right to charge a fee for searching
for, and providing access to, your information on a per request basis.
information, please contact us by email firstname.lastname@example.org