TERMS AND CONDITIONS OF TRADE

1.AGREEMENT

1.1 These Terms include all those statutory rights conferred on the Client which CSG 3PL is not capable of excluding, restricting or modifying, including statutory rights conferred on the Client under the Australian Consumer Law.

1.2 Subject to clause 1.1, CSG 3PL and the Client acknowledge and agree that these Terms take precedence over all other conditions of supply, and apply to the exclusion of all other documents, prior discussions, representations, understandings and arrangements (written or oral, express or implied) and other representations (contractual or otherwise), whether or not endorsed or delivered with or referred to in any order or other documents delivered by the Client to CSG 3PL.

1.3 CSG 3PL may alter these Terms on 5 Business Days’ notice to the Client and the altered terms shall then:

(a) apply to orders placed by the Client after such notice period has elapsed; and

(b) supersede all previous terms and conditions imposed by CSG 3PL regarding such orders.

1.4 Acceptance by the Client of these Terms, as amended from time to time in accordance with clause 1.3, may be by any of the following ways:

(a) by performing an act that is done with the intention of adopting or accepting these Terms, including continuing to order Services after receiving these Terms or an amended version of them from CSG 3PL;

(b) or by oral acceptance.

1.5 The Client acknowledges and agrees that:

(a) it has not entered into this Contract in reliance on any warranty or representation given by CSG 3PL in relation to the Services;

(b) it has the power to enter into this Contract and has obtained all necessary authorisations and consents allowing it to do so; and

(c) no agent or representative of CSG 3PL has any authority to make any representations, statement, warranty or agreement not expressed in these Terms or otherwise authorised in writing

2. ORDERS AND ACCEPTANCE

2.1 Each order placed by the Client in response to a quotation will constitute an offer by the Client to acquire the Services from CSG 3PL.

2.2 CSG 3PL may refuse to accept an order, or part of an order, placed by the Client without giving reasons. An order that is placed by the Client and accepted by CSG 3PL in writing is binding on both parties (Accepted Order).

2.3 Any variation to a quotation requested by the Client and accepted by CSG 3PL in writing may change the quotation pricing.

3. PAYMENT AND DISCOUNT

3.1 All prices quoted are in Australian dollars and except as otherwise expressly stated, are exclusive of:

• the Fuel Levy; and
• insurance, delivery charges, GST and any other sales, value added or similar tax.

3.2 The price of the Services (Price) will be:

(a) CSG 3PL’s quoted price which will be binding on CSG 3PL for a period of 30 days from the date of quotation and which may be accepted by the Client, by written notice to CSG 3PL, at any time within those 30 days unless earlier revoked by CSG 3PL; or

(b) in the absence of a quoted price given in writing by CSG 3PL, CSG 3PL’s price at the date of the Accepted Order according to CSG 3PL’s current price list.

3.3 CSG 3PL may, in its absolute discretion, vary its price list by giving the Client one month’s notice (Variation Notice Period) of the variation. The new price list will apply to any orders placed for the Services after the Variation Notice Period.

3.4 In addition to its rights under clause 3.3, CSG 3PL may at any time, in its absolute discretion, vary the Price as it sees fit by giving the Client written notice of the variation (Discretionary Variation). Within 30 days of receiving written notice of a Discretionary Variation (Termination Period), the Client may terminate this agreement by written notice to CSG 3PL. If the Client does not give a termination notice within the Termination Period or places an order after the Termination Period, the Client is deemed to have accepted the new Price and the new Price will apply to any orders placed by the Client after the Termination Period.

3.5 Time for payment is of the essence. The Price will be payable by the Client on the date/s determined by CSG 3PL, which may be:

(a) where the Client has not been approved for credit by CSG 3PL, within the timeframe specified in the quotation or Accepted Order; and

(b) where the Client has been approved for credit by CSG 3PL in writing, within 30 days of the date of each tax invoice issued to the Client, unless otherwise notified by CSG 3PL to the Client in writing such as in the Quotation.

3.6 CSG 3PL may require the payment of a deposit, which must be paid by the Client upon CSG 3PL accepting the order.

3.7 The Client must pay all amounts payable to CSG 3PL under these Terms without any deduction, withholding, counterclaim or set off. No account will be deemed to be paid unless or until CSG 3PL has received payment in undisputed and cleared funds.

3.8 CSG 3PL reserves the right to not apply discount/s that form part of an Accepted Order if the Client has not paid an invoice relating to that Accepted Order within the time specified in the quotation.

3.9 CSG 3PL may recover any costs, fees or expenses (including solicitors fees on a full indemnity basis) and to charge interest at a rate as fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic) for any Amount Owed under the Contract. Interest will accrue daily from the date payment was due until the date it is received.