BDS Express Trading Pty Ltd

1. Agreement

These Terms and Conditions (“Terms”) govern all services provided by BDS Express Pty Ltd (“we”, “us”, “our”) to you (“you”, “your”). By using our services, you agree to these Terms.

2. Services

We provide transport, logistics, warehousing, and related services (“Services”) as described in our agreements, quotations, or service proposals.

Specific details of each service, including delivery timelines, pricing, and any special conditions, will be confirmed in writing.

3. Quotations and Orders

• All quotations are valid for 14 days unless stated otherwise.
• A booking is confirmed only when accepted by us in writing (including email).
• You are responsible for providing accurate and complete information regarding your freight, including weight, dimensions, contents, and any special handling requirements.

4. Customer Obligations

You agree to:

• Ensure freight is properly packed, labelled, and prepared for transport.
• Provide all necessary documentation and clear instructions.
• Comply with all applicable laws and regulations.
• Notify us of any hazards, dangerous goods, or special handling requirements in advance.

5. Fees and Payment

• Fees are set out in your quotation or agreement.
• Payment terms are strictly [e.g., 14 days] from date of invoice unless agreed otherwise.
• We reserve the right to charge interest on overdue amounts at [e.g., 2% per month] and to suspend or terminate services if payment is not received.

6. Liability

6.1 Limitation of Liability

To the maximum extent permitted by law:

• Our liability for loss, damage, or delay to goods is limited to AUD $100 per consignment or the cost of resupply of the services (whichever is lower), unless otherwise agreed in writing.
• We are not liable for indirect or consequential loss (including loss of profit, business, or goodwill).
• You indemnify us against any claims, losses, or expenses arising from your breach of these Terms, incorrect information, or failure to comply with applicable laws.

6.2 Australian Consumer Law

Nothing in these Terms excludes any consumer guarantees or rights under the Australian Consumer Law that cannot be excluded or limited.

7. Risk and Insurance

All goods are transported at your risk. We strongly recommend you arrange insurance cover for loss or damage to your goods. Insurance is not included in our services unless agreed in writing.

8. Delivery and Delays

We will use reasonable efforts to deliver goods within agreed timeframes. However, delivery times are estimates only and we are not liable for any delays beyond our reasonable control, including:

• Weather events
• Traffic conditions
• Industrial actions
• Compliance checks

9. Dangerous Goods

You must not tender dangerous, hazardous, or prohibited items for transport without prior written agreement. If you breach this clause:

• You will be liable for any resulting damage or costs.
• We may take action to dispose of or return the goods at your cost.

10. Termination

Either party may terminate services with [e.g., 7 days’] written notice. We may suspend or terminate services immediately if:

• You fail to pay amounts due.
• You breach these Terms and do not remedy within a reasonable time.
• It is necessary to comply with the law or protect safety.

11. Privacy

We collect and use personal information in accordance with our Privacy Policy, available at www.bdsexpressgroup.com.au.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

13. Variations

We may update these Terms by publishing the new version on our website. Continued use of our services indicates your acceptance of any updated Terms.

14. Contact Us

If you have questions about these Terms, please contact us:

BDS Express Operations Pty Ltd

110 Castro Way, Derrimut Victoria 3026, Australia

melbourne.ops@agilelogistics.com.au

(03) 9369 9155

0483 194 886