Terms & Conditions of Service

(a) All business conducted by NexGen Cargo Pty Ltd (ABN: 26 146 219 089) ("the Company") is subject to these Terms and Conditions. These terms form part of every agreement between the Company and its customers.

(b) The Company is not a common carrier and accepts no liability as such. The Company may refuse to provide services or handle goods at its sole discretion and without explanation.

The Company may perform services as an agent or principal and may engage third parties to perform any part of the services on such terms as deemed fit. The customer acknowledges and agrees to be bound by the terms imposed by those third parties and indemnifies the Company from any resulting liability.

The customer represents that they are the legal owner or authorized agent of the goods and accepts these terms on behalf of all parties with an interest in the goods. The customer warrants full authority to bind such parties.

Unless explicitly agreed in writing, the Company reserves full discretion regarding routing, method, and procedures used for transporting and handling goods. The Company may deviate from instructions if deemed in the customer's best interest.

Unless expressly agreed, the customer warrants that goods have been properly and securely packed for transportation. The Company shall not be liable for any damage caused by insufficient packaging.

The Company may receive and retain commissions or allowances from third-party service providers, including freight forwarders and insurance brokers.

All quotations are valid for immediate acceptance unless stated otherwise. Pricing is subject to change due to fluctuations in customs, freight, warehousing, insurance, fuel, government fees, or market conditions including changes in currency exchange rates or dollar value fluctuations.

The customer is responsible for the accuracy of all information provided, including value, weight, description, and dimensions. The customer indemnifies the Company against loss or penalties arising from incorrect declarations.

The customer is liable for any duties, taxes, levies, penalties, or fees imposed by authorities and indemnifies the Company from any liability arising in connection with these. The customer acknowledges that in certain jurisdictions, such as Sri Lanka, customs authorities may issue a consolidated or bulk tax assessment for an entire shipment rather than individual receipts. In such cases, the Company may be unable to provide individual tax receipts, and the customer agrees to accept this practice as part of the customs clearance process.

If payment is to be collected from the consignee or a third party, the customer remains liable if such payment is not received.

The customer is responsible for the return of containers in a clean, undamaged condition. Any charges incurred due to damage, delay, contamination, or late return shall be reimbursed by the customer.

The customer is liable for any costs associated with delays in loading/unloading, detention, demurrage, or waiting time.

(a) All charges are deemed earned upon receipt of goods and are payable irrespective of delivery status.

(b) Payments must be made in full without deductions or offsets.

(c) If discrepancies arise in the declared freight details, liquidated damages may apply, calculated as outlined by the Company.

The Company does not offer or provide insurance for cargo. It is the responsibility of the customer to arrange any insurance coverage independently, if required. The Company bears no liability for any loss, damage, or claims arising from uninsured cargo.

The Company is not liable for: loss or damage unless in its direct custody and caused by willful misconduct; delays, deterioration, or consequential loss; inaccuracies in handling or following instructions; damage from fire, theft, or environmental exposure.

The Company does not accept liability for any customs, duty, or classification advice, whether written or oral.

Where permitted by law, liability is limited to: re-performance of the service; or payment equal to the cost of re-performance; or the lesser of AUD $200, $2.00/kg, or $20.00 per package.

Claims must be lodged in writing within 3 days of delivery or expected delivery. Legal proceedings must be commenced within 6 months or within any shorter statutory period.

Declared value for extended carrier liability will only apply where the customer provides express written instruction.

COD instructions are followed with due care but without guarantee of collection.

Perishable items may be sold or disposed of without notice if unclaimed. Non-perishable goods may be returned or sold after 21 days of written notice if undeliverable.

Prohibited items including but not limited to dangerous, noxious, hazardous, explosive, flammable, toxic, corrosive, or otherwise restricted goods under local or international law are strictly not permitted in any shipment. The Company reserves the right to reject, remove, destroy, or report such goods without prior notice and at the full expense and liability of the customer.

The Company will not accept valuables such as coins, bullion, jewellery, antiques, or live goods unless agreed in writing. No liability is accepted for such items.

Goods may be stored at locations chosen by the Company, at the customer's risk and expense.

The Company holds a general and particular lien over all goods and documents until payment is received. The Company may register a PPSA security interest over such goods.

(a) If payment remains outstanding beyond 30 days from the invoice due date, the Company reserves the right to refer the matter to a debt collection agency and the customer will be liable for all recovery costs.

(b) If payment becomes significantly overdue, NexGen Cargo Pty Ltd reserves the right to seize, sell, auction, or otherwise dispose of the cargo in its possession.

(c) The Company shall not be liable for any loss incurred as a result of enforcement actions taken under this clause.

The customer agrees not to bring claims against the Company's employees, agents, or subcontractors and indemnifies the Company against any such claims.

The customer indemnifies the Company for all claims, costs, fines, or losses arising from the handling or carriage of the goods.

The Company may enforce liabilities against the customer and/or the owner, sender, or consignee of the goods.

These terms prevail over any terms contained in customer-supplied documents.

The Company must be notified in writing of loss or damage upon delivery or within 3 days thereafter.

No agent or employee is authorized to vary these conditions unless in writing and signed by a Company director.

All protections granted herein remain effective regardless of any breach of contract.

The customer acknowledges that all cargo may be subject to the laws and customs procedures of the destination country. The customer accepts full responsibility for any penalties or enforcement actions resulting from non-compliance.

These terms are governed by the laws of New South Wales, Australia, and any disputes shall be resolved in the courts of New South Wales.