Terms & Conditions
Agreement means these Terms and Conditions, together with any Authority and Customer credit.
AWS Customs means AWS Customs & Forwarding Pty Ltd Pty Ltd ABN 15 064 847 650, its
related bodies corporate and the nominees, agents and employees of those companies.
Authority means the authority by which the Customer appointed AWS Customs to act on its behalf.
Connected Party means in relation to the Goods the Owner, exporter, importer, supplier,
purchaser, carrier or any agent of any of the aforementioned parties, other than AWS Customs.
Consequential Loss means any loss or damage which:
(a) does not arise naturally or in the usual course of things; or
(b) constitutes, or arises from or in connection with, a loss in revenue, profit or opportunity or a
loss of goodwill or business reputation, even if such loss or damage arises naturally or in the
usual course of things.
(a) Where there is an Authority, the customer named in the Authority, including its employees,
officers, agents and contractors.
(b) Where there is no Authority, the person instructing AWS Customs to provide the Services; and
for the avoidance of doubt, the Customer may also be the Owner.
Dangerous Goods means any Goods which are, or may become, hazardous, volatile, explosive,
flammable, radioactive, likely to harbour or encourage vermin or pests, or capable of posing a risk
or causing damage to any person or property.
Goods means the goods, including packaging, pallets or containers, the subject of the Services.
Government Authority means any government agency, authority, department or body, exercising
jurisdiction in any nation, state, port or airport.
Law means any law, regulation, rule or international convention.
Loss means any loss, cost, damage, expense, claim, demand, action, proceeding or liability of any
kind, (including legal costs on an indemnity basis) and whether actual, prospective or contingent
and whether ascertained or unascertained.
the owner, exporter or importer of the Goods, or a person authorised to act on
behalf of the owner or the exporter or importer of the Goods.
Perishable Goods means any Goods liable to waste, deterioration or spoilage, and includes
without limitation fruit, vegetables, dairy products, meat, and animals.
PPSA means the Personal Property Securities Act 2009 (Cth).
Services means the work performed by AWS Customs in relation to the Goods, including facilitating the
import, export, transport, or storage of the Goods; and any ancillary acts for those purposes,
including preparing any documentation or providing any information to a Government Authority.
SBC contract means a contract that is either a "small business contract" or a "consumer contract"
as defined in section 23(3) of Schedule 2 to the Competition and Consumer Act 2010 (Cth), but
does not include:
(a) a contract of marine salvage or towage;
(b) a charter party of a ship;
(c) a contract for the carriage of goods by ship; or
(d) a "small business contract" where the Customer does not employ fewer than 20 persons
Subcontractor means a third party (and their employees, agents and contractors) engaged to
provide all or part of the Services.
Terms and Conditions means these terms and conditions.
Transport Document includes a bill of lading, waybill, consignment note, or similar carriage
A reference to AWS Customs fees includes any taxes, including goods and services tax, payable in
respect of the Services.
2.1 AWS Customs is not a common carrier. AWS Customs will not be liable as a common carrier.
2.2 These Terms and Conditions take priority over and will prevail to the extent of any
inconsistency with the Authority, any credit application made by the Customer, the
Customer's terms and conditions or other document issued by the Customer, and any
terms and conditions set out in any Transport Document, except a Transport Document
issued by AWS Customs.
2.3 The Agreement is governed by the laws of New South Wales, Australia. AWS Customs and the
Customer submit to the jurisdiction of the courts of New South Wales and of the Federal Court of
2.4 A variation of these Terms and Conditions will only be valid if in writing and signed by each
party or signed by a person with the authority to bind each party.
2.5 AWS Customs may assign its rights and obligations under the Agreement without the Customer's
consent. The Customer must not assign its rights and obligations under the Agreement
without AWS Customs written consent.
2.6 Any notices under these Terms and Conditions must be in in English and in writing.
2.7 Subject to clause 14, all rights, indemnities and limitations of liability contained in these
Terms and Conditions will have their full force and effect, despite:
(a) any breach of term or condition of these Terms and Conditions, the Agreement, or
any collateral agreement by AWS Customs;
(b) the performance of the Services;
(c) the delivery of the Goods; or
(d) the expiry or termination of the Authority.
2.8 Without limiting the effect of clause 2.7, clauses 2.5, 3.14, 4.2, 6.10, 7.3, 7.4, 7.5, 9, 11,
12, 13, 14.6, 14.8, 14.9, 14.10, 14.11, 14.12, and 14.13 of these Terms and Conditions will
2.9 If a condition or part of a condition of this Agreement is unenforceable, it must be severed
from and does not affect the rest of the Agreement.
2.10 AWS Customs is not bound by any waiver, discharge or release of a condition or any agreement
which purports to change this Agreement, unless it is in writing and signed by or for
2.11 A reference in this Agreement to any law includes any statutory modification, substitution
or re-enactment of it.
3.1 Services are provided by AWS Customs subject to these Terms and Conditions.
3.2 Without limitation to other methods of acceptance, by instructing AWS Customs to provide the
Services the Customer agrees to be bound by the Terms and Conditions.
3.3 The Goods are at the risk of the Customer.
3.4 AWS Customs may agree or refuse to provide Services at its discretion.
3.5 AWS Customs is authorised by the Customer to choose the method for performance of the
Services at AWS Customs complete discretion.
3.6 The Customer authorises AWS Customs to open any package containing Goods, and do any
other thing in order to inspect or weigh the Goods.
3.7 The Customer agrees that:
(a) the value of the Goods will not be declared or inserted into a Transport Document or
contract for the purpose of extending a carrier's liability unless the Customer provides
express written instructions to AWS Customs to do so, and if required, the carrier agrees;
(b) where a Subcontractor's or carrier's charges may be determined by the extent of
liability assumed by the Subcontractor or carrier, no declaration of value will be made
for the purpose of extending the liability of the Subcontractor or carrier, and the
Goods will be dealt with at the Customer's risk for minimum charges, unless the
Customer provides written instructions to the contrary to AWS Customs;
(c) AWS Customs reserves the right to not make any declaration or take any action in respect of
the Customer's Goods unless the Customer has provided AWS Customs with sufficient
notice, written instructions and the documents necessary to take that action in
relation to those Goods.
3.8 At any time, AWS Customs may, acting reasonably, deem that certain Goods are Dangerous
3.9 AWS Customs at its reasonable discretion may destroy or otherwise deal with any Goods
AWS Customs considers are Dangerous Goods, without notice or compensation to the Customer.
3.10 AWS Customs delivery obligations are satisfied if AWS Customs delivers the Goods to the delivery
address instructed by the Customer, and a person at that address provides a receipt or
signs a delivery docket, or if authorised by the Customer, the Goods are left at the delivery
address without obtaining a receipt or signed delivery docket.
3.11 If a person at the delivery address cannot or refuses to take delivery of the Goods, or the
Goods cannot be delivered for any other reason, the Customer authorises AWS Customs to deal
with the Goods at AWS Customs reasonable discretion, including storing, disposing of, or
returning the Goods.
3.12 The Goods may be stored at any place at the absolute discretion of AWS Customs at the
3.13 If AWS Customs stores the Goods, AWS Customs may require that the Customer remove the
Goods from storage by giving notice delivered to an address provided by the Customer to AWS
3.14 If the Customer, Owner or consignee of the Goods is insolvent, placed under external
administration, bankrupt or deceased, AWS Customs is authorised to return any Goods to the
Shipper, exporter or supplier of those Goods, where AWS Customs has not received authority
from the Shipper, exporter or Supplier of the Goods to release the Goods to the Customer,
Owner or consignee.
3.15 The Customer irrevocably appoints AWS Customs with the power and authority to take any action
and execute any document in the name of and on behalf of the Customer as required by
AWS Customs to provide the Services.
3.16 The Customer agrees that AWS Customs may receive and retain for its own account allowances,
brokerages and commissions from shipping and forwarding agents, shipping lines,
insurance brokers, airlines and any other person with whom AWS Customs deals and that AWS
Customs is not required to disclose the receipt and retention of such amounts to the Customer, even,
without limitation, if acting as agent for the Customer.
4. Customer Obligations
4.1 The Customer will provide AWS Customs with all assistance, information and documentation
necessary to enable AWS Customs to provide the Services, and punctually comply with any Law
or request from a Government Authority.
4.2 The Customer is under a continuing obligation to provide any information which may
materially affect the capacity of the Customer to perform its obligations under the
4.3 The Customer will keep confidential AWS Customs fees or charges and any waiver, discount,
release or indulgence provided by AWS Customs in relation to the provision of the Services.
5.1 Any instructions given by the Customer must be in writing in English and be legible.
5.2 AWS Customs has the discretion to refuse to accept the Customer's instructions.
5.3 Sufficient notice of instructions must be given by the Customer to AWS Customs to enable
AWS Customs to follow those instructions. If insufficient notice is given and AWS Customs
attempts to adopt the Customer's instructions, AWS Customs is not deemed to have accepted the
5.4 If AWS Customs accepts the Customer's instructions on one occasion, AWS Customs will not
be bound by those instructions when providing Services in the future.
5.5 If AWS Customs accepts the Customer's instructions to perform the Services in a particular way, it
will give priority to that method, but may depart from that method at its reasonable
6.1 AWS Customs fees are earned on the earlier of the commencement of the performance of the
Services (or part thereof), or when the Goods are delivered to AWS Customs or its subcontractors.
6.2 AWS Customs fees may include any disbursements and other amounts that AWS Customs is required to
pay third parties in connection with the Services. AWS Customs at its discretion may vary its fees
if the amount of any such disbursements change.
6.3 AWS Customs fees must be paid within 7 days of an invoice or as otherwise agreed in writing
(the Due Date).
6.4 AWS Customs at its discretion may determine its fees, including by weight, measurement or value.
6.5 AWS Customs may re-weigh, re-measure or re-value the Goods at any time, and amend its fees
at its reasonable discretion.
6.6 Any information contained in a quotation provided by AWS Customs in relation to the fees applies
to the specific item, weight and volume quoted, designated Services and standard of
Services, and is only valid until the earlier of 14 days after being provided, the quote being
withdrawn or the quote expiring or as otherwise agreed in writing.
6.7 A quotation is not an offer and is not binding on AWS Customs. A quotation may change based on
changes to freight, insurance, warehousing, fees, and any other charges, with or without
notice to the Customer.
6.8 Unless otherwise stated, AWS Customs fees are exclusive of goods and services tax.
6.9 The Customer remains responsible for the payment of fees:
(a) even where an arrangement is made for the fees to be paid by another person;
(b) whether or not the Goods are delivered or damaged or the Services performed as
6.10 If the fees are not paid in full within 7 days of the Due Date then, without limitation to its
rights, AWS Customs may charge interest on the late payment at the published business overdraft
rate of the Commonwealth Bank of Australia.
6.11 The Customer will not defer, set-off or withhold payment of any amount payable to AWS Customs
by reason of any claim the Customer has, or claims it has, against AWS Customs.
7.1 The Customer authorises AWS Customs to:
(a) subcontract all or part of the Services to a Subcontractor; and / or
(b) as the agent of the Customer, contract with a third party service provider on behalf of
the Customer on any terms whatsoever, including terms that limit or exclude the
liability of the third party service provider.
7.2 The Customer authorises a Subcontractor to subcontract all or part of the Services.
7.3 All exclusions or limitations on the liability of AWS Customs in these Terms and Conditions extend
(a) all Subcontractors;
(b) the agents, employees and servants of any Subcontractor or AWS Customs; and
(c) any person engaged to provide all or part of the Services.
7.4 The Customer undertakes that it will not make any claim against, or impose any liability
upon, any Subcontractor in connection with the provision of the Services or the Goods.
7.5 The Customer undertakes that it will indemnify any Subcontractor from and against any
Loss if a claim is made against a Subcontractor by any party (including the Customer) in
connection with the provision of the Services or the Goods.
7.6 For the purpose of clauses 7.3 and 7.5, AWS Customs acts as trustee on behalf of and for the
benefit of any Subcontractor, and to this extent each Subcontractor is deemed to be a
party to this Agreement.
8. Intellectual Property
The Customer agrees that AWS Customs retains all copyright and intellectual property subsisting
in all documents and things created by, or for, AWS Customs in connection with the performance
of the Services, including copyright and intellectual property that now exists or that later
comes into existence.
9. Warranties, liability and indemnity
9.1 The Customer (on behalf of itself, the Owner, and any Connected Parties) warrants to
AWS Customs that:
(a) it is the owner of the Goods, or is the authorised agent of the owner of the Goods and
is authorised to complete and sign documentation related to the Goods and the
Services;b) it enters into the Agreement on its own behalf, or in its capacity as the authorised
agent of the owner of the Goods;
(c) it and all Connected Parties have complied with all Laws relating to the Goods,
including the nature, condition, packaging, handling, storage and carriage of the
(d) in engaging the Services from AWS Customs, it will not procure AWS Customs to perform
any act in breach of any Laws;
(e) it and all Connected Parties will observe all Laws and requirements of Government
(f) all information and documentation provided by the Customer and Connected Parties
to AWS Customs is accurate and complete, and neither it nor a Connected Party has omitted
to provide any requested or material information;
(g) the Goods are packed to endure the ordinary risks of handling, storage and the
Services, having regard to the nature of the Goods;
(h) the Goods are not Dangerous Goods, unless AWS Customs has agreed in writing to provide
the Services in respect of those particular Dangerous Goods, and in which case,
warrants that it has made full disclosure of Dangerous Goods and such Goods are
distinctly marked; and
(i) all Goods are adequately and accurately marked, labelled or branded;
(j) all containers, pallets and packaging materials conform with any requirements of the
consignee or any Government Authority
9.2 To the extent permitted by Law, AWS Customs excludes all liability in respect of any claim made
against AWS Customs, its employees, agents and Subcontractors, including without limitation,
liability for fundamental breach of contract, or a negligent, unlawful, reckless or wilful act or
9.3 AWS Customs excludes from this Agreement all conditions, warranties, terms and consumer
guarantees implied by Laws, general law or custom except any the exclusion of which
would contravene any Laws or cause this condition to be void (Non-Excludable
9.4 AWS Customs liability for any breach of a Non-Excludable Condition is limited, at AWS Customs
option, to supplying the Services again, or the cost of supplying the Services again.
9.5 AWS Customs will not be liable for omitting to inspect or take any other action in respect of Goods
where Goods have been damaged or pillaged, unless the Customer provides AWS Customs with
written instructions to take that action in relation to those Goods and AWS Customs accepts those
9.6 Where the liability of AWS Customs is not excluded by the Agreement, Law or otherwise, the
liability of AWS Customs is limited to the lesser of Australian $100 or the value of the Goods at the
time the Goods were received by AWS Customs.
9.7 AWS Customs will not be in breach of any of its obligations to the Customer or liable for any Loss
(including Consequential Loss) suffered by the Customer arising from or connected with
AWS Customs compliance with any Law, including without limitation disclosing confidential
information to a Government Authority.
9.8 Without limitation to any other clause of the Agreement, AWS Customs will be discharged from all
liability in connection with the performance of the Services or the Goods unless:
(a) notice of any claim is received by AWS Customs within 7 days of the earlier of the delivery of
Goods, the date the Goods should have been delivered, or where the claim does not
relate to loss or damage to Goods, the event giving rise to the claim; and
(b) suit is brought and written notice is received by AWS Customs within 9 months of the earlier
of the delivery of the Goods, the date the Goods should have been delivered, or
where the claim does not relate to loss or damage to Goods, the event giving rise to
9.9 AWS Customs will not be liable for any delay or failure to perform an obligation under the
Agreement caused by an event beyond the control of AWS Customs (Event).
9.10 If an Event causes a delay in the performance of AWS Customs obligation exceeding 10 days,
AWS Customs may terminate the provision of the Services by notice to the Customer.
9.11 The Customer indemnifies AWS Customs from and against (and must pay on demand for) all Loss
arising directly or indirectly from or in connection with the Goods or the performance of the
Services (including Consequential Loss), including Loss in connection with a breach of
contract, or a negligent, unlawful, reckless or wilful act or omission by AWS Customs or its
employees, agents and contractors.
9.12 Without limitation to clause 9.11 the Customer indemnifies AWS Customs from and against (and
must pay on demand for) any Loss arising from
(a) the Customer's or Owner's failure to return any container or transport equipment
involved in the performance of the Services by the date required under any Contract
between AWS Customs and the supplier of that container or transport equipment;
(b) any claim against AWS Customs by a person who claims to have an interest in the Goods;
(c) breach of this Agreement, including any warranty provided by the Customer; and
(d) any claim for general average and will provide any security requested by AWS Customs for
the release of any Goods that are the subject of a claim for general average.
9.13 The Customer indemnifies AWS Customs from and against (and must pay on demand the amount
of) all duty, GST, and any other fees and taxes incurred in connection with the Goods
payable to a Government Authority.
9.14 The Customer indemnifies AWS Customs from and against (and must pay on demand for) all
costs payable to third parties in relation to the carriage, storage, treatment or entry of the
9.15 The indemnities in clauses 9.11, 9.12, 9.13 and 9.14 continue whether or not the Goods
are pillaged, stolen, lost or destroyed.
10.1 On request by the Customer, AWS Customs at its complete discretion may arrange insurance in
respect of the Goods.
10.2 Without limitation to clause 10.1, AWS Customs will not arrange insurance in respect of the
Goods, unless the Customer provides:
(a) written instructions to AWS Customs to arrange insurance; and
(b) a written declaration of the value of the Goods;
(c) before the Goods are delivered to AWS Customs.
10.3 Any insurance will be at the expense of the Customer and AWS Customs may charge the
Customer a fee for arranging the insurance.
10.4 Any insurance arranged by AWS Customs is subject to the exceptions and conditions of the
insurer or underwriter taking the risk.
10.5 When arranging insurance in respect of the Goods, AWS Customs has the discretion to name the
Customer as the insured.
10.6 If a dispute arises relating to liability under an insurance policy arranged by AWS Customs, the
Customer will have recourse against the insurer or underwriter only.
10.7 AWS Customs will not be liable for any insurance arranged in relation to the Goods.
11.1 AWS Customs has:
(a) a particular and general lien on all Goods and documents relating to the Goods; and
(b) a right to sell those Goods and documents by public auction or private sale (at
AWS Customs discretion) without notice and apply the proceeds of sale;
in respect of all sums due and owing from the Customer.
11.2 The lien will also cover AWS Customs costs and expenses relating to the exercise of its lien and
right of sale, including AWS Customs reasonable legal fees.
11.3 For the purposes of the lien, AWS Customs will retain constructive possession of the Goods and
the lien and rights granted by this clause will survive delivery of the Goods. AWS Customs is
entitled to retain the proceeds of sale of the Goods in respect of all sums due and owing
from the Customer.
12.1 Terms used in clause 12 that are defined in the PPSA have the same meaning as in the
12.2 Without limitation to other rights of AWS Customs, from the time the Goods are in the possession
of AWS Customs or a Subcontractor, the Goods are subject to a continuing security interest in
favour of AWS Customs for the payment of all amounts due and owing by the Customer under the
12.3 The Customer acknowledges and consents to AWS Customs registration and perfection of
AWS Customs security interest under the Agreement for the purposes of the PPSA.
12.4 The Customer will not grant a security interest to another person, or allow any
encumbrance to arise, in respect of the Goods.
12.5 To the extent permitted by law, the Customer irrevocably waives any right it may have to:
(a) receive notices or statements under sections 95, 118, 121(4), 124(4), 125, 130,
132(3)(d) 132(4) and 135 of the PPSA; and
(b) redeem the Goods under section 142 of the PPSA;
(c) reinstate this Agreement under section 143 of the PPSA; and
(d) receive a verification statement.
12.6 The Customer will do all things and execute all documents reasonably necessary to give
effect to the security interest created under this Agreement or comply with any reasonable
request by AWS Customs in connection with the PPSA.
13. Uncollected goods
13.1 AWS Customs may at its discretion sell or otherwise dispose of Perishable Goods without notice
to the Customer where the Goods are not collected immediately upon arrival, are
insufficiently or incorrectly addressed or are not identifiable.
13.2 Without limitation to clause 13.1, AWS Customs may at its discretion sell or return Goods that
cannot be delivered because they are insufficiently or incorrectly addressed, are not
identifiable, are uncollected or not accepted after 21 days' notice to the Customer or where
the Customer fails to pay any cost or do any action reasonably necessary for AWS Customs to
deliver the Goods.
13.3 Where AWS Customs sells Goods under clauses 11, 13.1 or 13.2;
(a) it does so as principal, not as agent, and is not the trustee of the power of sale;
(b) the Customer must pay all costs, charges and expenses incurred by AWS Customs in
connection with the storage, sale or return of the Goods, which may be deducted
from the proceeds of the sale of the Goods;
(c) AWS Customs is entitled to recover any deficit from the Customer where the proceeds of
sale of the Goods do not satisfy the amounts payable to AWS Customs.
14. SBC Contracts
AWS Customs does not exclude or limit the application of any compulsory applicable Laws,
including Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so
would contravene those Laws or cause any part of this Agreement to be void.
If the Agreement is a SBC Contract, then:
14.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost,
damage, expense, claim, demand, action, proceeding or liability of any kind (including
legal costs on an indemnity basis).
14.2 Clause 2.5 is modified, so that neither party may assign its rights or obligations under the
Agreement without the written consent of the other party, which consent must not be
14.3 Clause 3.12 is amended so that "absolute" is replaced with "reasonable".
14.4 Clause 6.1 is modified, so that the fees are earned when the corresponding Service is
performed or attempted to be performed, or where applicable, the corresponding
disbursement is incurred.
14.5 If a variation to a quote or fee under clauses 6.4 or 6.5 is material, where it is reasonably
practical, AWS Customs shall give notice to the Customer of that variation.
14.6 If the Customer objects to a variation to a quote or fee under clauses 6.4 or 6.5, but does
not provide AWS Customs with acceptable alternative directions in respect of the goods, AWS Customs
in its discretion may, deliver, return, store or otherwise deal with the Goods, and the
Customer shall be liable for all fees earned and costs incurred by AWS Customs in doing so.
14.7 Clauses 7.4 and 7.5 are modified, so that the Customer:
(a) may make a claim against or impose liability upon any Subcontractor; and
(b) is not required to indemnify any Subcontractor from and against any Loss,
to the extent that the claim, liability or Loss was directly caused by, or in
connection with, a grossly negligent, unlawful, or wilful act or omission by the
14.8 Clauses 9.2 and 9.3 are modified so that AWS Customs liability is not excluded to the extent that
it was directly caused by or in connection with a grossly negligent, unlawful, or wilful act or
omission by AWS Customs or its employees, agents and contractors.
14.9 Clause 9.6 is modified so that AWS Customs liability is limited to the lesser of the actual loss
suffered by the Customer or the value of the Goods at the time the Goods were received
by AWS Customs.
14.10 Clause 9.8 does not apply, and, without limitation to any other clause of the Agreement,
AWS Customs will be discharged from liability in relation to any claim:
(a) where the loss to the Customer results from the act of a Subcontractor; and
(1) AWS Customs right to make a claim against that Subcontractor is subject to time
(2) the Customer does not make its claim against AWS Customs within a period reasonably
sufficient to allow AWS Customs to make a corresponding claim against the
Subcontractor within any applicable time limitation period, or
(b) in all other cases, where the Customer does not make its claim within 2 years from
the earlier of the delivery of the Goods, if the Goods are not delivered, the date the
Goods should have been delivered or where the claim does not relate to loss or
damage to Goods, the time of the event giving rise to the claim.
14.11 The Customer is not required to indemnify AWS Customs under clause 9.11 or 9.12(b), unless the
Loss was caused by or in connection with a breach of contract, or a negligent, unlawful
reckless or wilful act or omission by the Customer or its employees, agents and
14.12 AWS Customs will not be liable for Consequential Loss or indirect Loss, unless AWS Customs
had actual knowledge that such loss might be incurred.
14.13 Clause 11.1(b) is modified so that AWS Customs may only exercise its right of sale under a lien
over Goods after AWS Customs has given 21 days' notice in writing to the Customer of its
intention to do so.