Terms & Conditions

1. Definitions

• 1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendmentsexpressed to be supplemental to this Contract.
• 1.2 “AFS” means Active Freight Solutions Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of Active Freight Solutions Pty Limited.
• 1.3 “Customer” means the person/s, shipper, receiver, entities or any person acting on behalf of and with the authority of the Client requesting AFS to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
  • (a) if there is more than one Client, is a reference to each Client jointly and severally; and
  • (b) if the Client is a partnership, it shall bind each partner jointly and severally; and
  • (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
  • (d) includes the Client’s executors, administrators, successors and permitted assigns.
• 1.4 “Goods” means all Goods or Services supplied by AFS to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other). Goods could cover, and not limited to the chattels, articles or things tendered for carriage or bailment and shall include container(s), carton(s), pallets(s) or other packaging containing the same. Services shall mean advice, direction or negotiation of storage/warehousing, carriage, transport, movement, handling and / or other services performed or arranged by the company pursuant to, or ancillary to, this contract with the customer.
• 1.5 “Dangerous goods” shall mean such of the Goods as shall be, or become, in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any person or animals or to any thing in which those goods are carried, handled or stored.
• 1.6 “Valuables” shall mean bullion, coins, precious stones, jewellery, antiques, or works of art.
• 1.7 “Perishable goods” shall mean such of the Goods as shall be in fact or law liable to deteriorate in quality and/or value and shall include, but not be limited to, fruits, vegetables, dairy products, meat, etc.
• 1.8 “Prohibited goods” are those Goods strictly prohibited from shipment as defined by the Company on its website under Prohibited Items.
• 1.9 “Subcontractor” shall mean and include any person, firm or company with whom the Company may arrange to effect any service in respect of the goods which are subject of this contract.
• 1.10 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
• 1.11 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the shipping portal, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the portal.
• 1.12 “Price” means the Price payable (plus any GST where applicable) for the Goods / Services as agreed between AFS and the Client in accordance with clause 7 below.
• 1.13 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

• 2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
• 2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
• 2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
• 2.4 The Client acknowledges that the supply of Goods / Services on credit shall not take effect until the Client has completed a credit application with AFS and it has been approved with a credit limit established for the account
• 2.5 In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, AFS reserves the right to revoke access to the shipping portal.
• 2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and Omissions

• 3.1 The Client acknowledges and accepts that AFS shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s)

  1. resulting from an inadvertent mistake made by AFS in the formation and/or administration of this Contract; and/or

  2. contained in/omitted from any literature (hard copy and/or electronic) supplied by AFS in respect of the Services.

• 3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of AFS; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid

4. Not a common carrier

• 4.1 The Company is not a common carrier and accepts no liability as such. Services are arranged or performed by the Company subject only to these conditions of contract which constitute the entire agreement between the Company and the Customer. No person has the authority of the Company to waive or vary these conditions and the Company reserves the right to refuse at its sole discretion the carriage of the Goods for any customer or any other Service whether before or after the carriage or Service has commenced and further reserves the right to open and inspect all Goods at its discretion and at the Customer’s expense

5. Consignment booking portal

• 5.1 The Client acknowledges and agrees that:

  1. AFS does not guarantee the websites performance or availability of any of its services; and

  2. Consignment booking may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and

  3. there are inherent hazards in electronic distribution and as such AFS cannot warrant against delays or errors in transmitting data between the Customers portal and carriers including orders, and you agree that to the maximum extent permitted by law, AFS will not be liable for any losses which the Customer suffers as a result of consignment booking portal not being available or for delays or errors in transmitting orders.

• 5.2 AFS reserves the right to terminate your order if it learns that you have provided false or misleading information, interfered with other users or the administration of AFS’s Services, or violated these terms and conditions.

6. Agency, Contracting and Bailment

• 6.1 Subject to and in accordance with the terms and conditions and instructions contained in this contract, the Company agrees and the Customer hereby employs and authorises the Company, as agent only of the Customer to contract either in its own name or in the Customer’s name with any Contractor, and employs and authorises any Contractor to subcontract with any other Contractor, for the performance of any Service to be performed or arranged by the Company pursuant to, or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Contractor with whom the Company or Contractor may contract for such Service(s) including in every case terms which may limit or exclude liability in respect of the Service

7. Warehousing

• 7.1 The Goods may at any time be warehoused or otherwise held at any place or at any time be removed from any place at which they may be warehoused or otherwise held to any other place to be warehoused or otherwise held at the sole discretion of the Contractor. In every case, whether warehousing is incidental, or the primary Service provided by the Contractor, it will be provided at the Customer’s risk and expense as a primary charge(s) or a charge(s) incidental to or in connection with the carriage of the Goods or any Service hereunder.
• 7.2 Warranties by the Customer
• 7.3 The Customer warrants:

  1. that it is the owner of the Goods or otherwise has the authority of the owner or person having an interest in the Goods or any part thereof to consign the goods upon and subject to these conditions. Without prejudice to the foregoing warranty, the Customer undertakes to indemnify the Company in respect of any liability whatsoever or howsoever caused in respect of the Goods to any person who claims to have, has or may acquire an interest in the Goods or any part thereof.

  2. that the person releasing or delivering the Goods for collection is authorised to accept these conditions on the Customer’s behalf.

  3. the accuracy of all markings and brandings of the Goods, descriptions, values and other particulars furnished to the Company for the carriage, customs, consular and any other purposes and undertakes to indemnify the Company against all loss, damage, expenses and fines arising from any inaccuracy or omission in this respect.

  4. that the performance of any Service provided or arranged by the Company to effect the instructions of the Customer in respect of the Goods shall not be in breach of any law.

8. Exclusion and Limitation of Liability

• 8.1 Subject to the terms and conditions in this contract, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:
  1. an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;
  2. caused by the negligence and/or recklessness and/or will full misconduct of the Company’s servants, agents, employees, Contractors or otherwise;
  3. resulting from, or attributable to, any quotation, statement, representation or information, oral or written, made or given on behalf of the Company or its servants, agents, employees or Contractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service.
• 8.2 No declaration of value will be made for the purpose of extending liability and the Goods will be forwarded or dealt with at the Customer’s or owner’s risk unless express written instructions to the contrary are given by the Customer and accepted in writing by the Company.
• 8.3 In all cases where liability has not been, or cannot be, excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by the Company
• 8.4 In all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Services, the liability of the Company is limited to any one or more of the following as determined by the Company at its absolute discretion:
  1. providing supply of the Services again; or
  2. payment of the cost of having the Services supplied again.
• 8.5 Without limiting the generality of the foregoing, the Company shall in no circumstances be liable for direct, indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Company for loss or damage whether the action be found in contract, tort or otherwise notwithstanding any breach of the contract or condition hereof by the Company
• 8.6 Further without limiting the generality of the foregoing, the Company shall not be liable for any loss or damage suffered by the Customer or any other person as a result of a failure or inability of the Company or Contractor to collect or receive C.O.D. payments from any consignees or their agents whether caused by the negligence of the Company’s servants, agents, employees, Contractors or otherwise.
• 8.7 It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
  1. Any claim for damage to Goods must be lodged in writing to the Company within 7 days of delivery of the Goods or the date Services are completed, whichever date occurs first.
  2. Any claim for loss/non-delivery of Goods must be notified in writing to the Company within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;
  3. Any right to any legal remedy against the Company shall be extinguished unless legal proceedings are brought against the Company in the state of NSW and not otherwise within 6 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.

9. Obligations of the Customer

10. The Customer shall be responsible for:

• 10.1 placing its order online with the Company including but not limited to:
  1. providing a correct description of the Goods
  2. designating the Contractor to perform the Services,
  3. advising the places/addresses of collection and delivery of the Goods and
  4. advising the telephone number of the receiver of the Goods at the place of delivery (local number at place of delivery).
• ensuring the Goods booked by the Customer are made available for collection by the Contractor at the booked place of collection.
• ensuring the Goods can be and are received by a person at the booked place of delivery.
• ensuring that it prints and attaches the Company’s barcoded label (provided online from its booking) to the Goods in a secure, clear and externally visible position.
• ensuring that it does not ship fragile goods and that the Goods, including their packaging, can withstand a short drop and the normal rigours of carriage and handling
• tracking all orders from place of collection to place of delivery of the Goods.
• additional charges in respect of residential collections and/or deliveries, remote collections and/or deliveries, futile collections and/or deliveries and overweight or oversized parcels
• obtaining a hard copy proof of delivery charge at A$10 per item
• any surcharges or additional costs incurred returning Goods resulting from the Customer’s failure to comply with the above mentioned obligations, including but not limited to the Customer cancelling or missing the booked collection, failure to take delivery at the booked place of delivery or failure to correctly attach the Company’s barcode to the Goods as provided herein.
  1. any loss or damage that arises from the Company cancelling the Service because of the Customer’s failure to comply with the terms of this Contract, including its failure to pay any surcharges or costs payable hereunder

11. Himalaya Clause

• 11.1 In arranging performance of the Services with any Contractor on the Customer’s behalf, the Customer shall have no right of action against the Company in relation to the performance of the Services or any loss or damage that arises therefrom. Without prejudice to the foregoing, every such Contractor shall have the benefit of all provisions herein benefiting the Company as if such provisions were expressly for its benefit, and in entering into this contract, the Company, to the extent of these provisions, does so not only on its own behalf, but also as agent and trustee for such parties

12. Customer’s Indemnity

• The Customer shall indemnify the Company in respect of any claim, loss, damage, payment, fine, expense, duty, tax, impost or other outlay whatsoever or howsoever caused, whether arising directly or indirectly from any Service arranged or performed by the Company in respect of Goods and/or in respect of any such cost incurred as a result of any breach of the terms, conditions or warranties in this contract by the Customer.
• Without limiting the generality of the foregoing, the Customer shall remain responsible to the Company for all charges (C.O.D. or otherwise) paid by the Company to any of its agents, Contractors or any other party or authority.
• The Customer shall indemnify the Company in respect of any loss or damage arising from any inherent defect, quality or vice of the Goods.

13. Warranty

• 13.1 Our Liability for loss or damage is limited subject to the Terms & Conditions of the FreightSafe Warranty, which can be found here

14. Quotations

• 14.1 Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at the Company’s discretion.

15. Routes and Procedures

• 15.1 If the Company is instructed by the Customer and agrees to use a particular method, mode or route of transport and/or Service, the Company shall give due consideration to the method, mode or route designated but shall at all times have the right to choose or vary such method or mode of transport and/or Service or route and procedure to be followed in respect of the Service performed. The Customer hereby authorises the Company to substitute alternate carriers or other Service providers without notice to the Customer.

16. Responsibility for Fees / Charges

• 16.1 The Customer shall pay the Company for all fees rendered and any charges it incurs for any reason in respect of the Services performed. This includes the payment of fees/charges which the Company is advised or agrees will be paid by a third party which then fails to do so. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the Customer’s premises, otherwise delivered by the Customer to the Company or Subcontractor or on receipt of the Company’s invoice whichever occurs first and shall be immediately payable and non-refundable.
• 16.2 The Customer agrees that it shall not defer or withhold payment or deduct any amount from the account of the Company by reason of any claim it alleges against the Company.
• 16.3 Provision of Credit by the Company to the Customer may be suspended by the Company at its own discretion if fees and charges invoiced are overdue or otherwise. The Customers shall pay the Company interest at the National Australia Bank Trading Bank overdraft rate plus 5% in respect of any overdue fees or charges invoiced

17. Dangerous Goods, Prohibited and / or Restricted Goods

• 17.1 Except as agreed in writing, the Company will not accept Dangerous Goods, Prohibited and/or Restricted Goods for Services arranged or performed by the Company. Should the Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than as agreed in writing, the Customer (not the Company) shall be liable for any loss, damage or cost thereto or consequent thereon whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify the Company from and against all penalties, taxes, duties, claims, demands, damages, costs and expenses arising in connection therewith
• 17.2 Any such goods may be destroyed, returned or sold in the sole and absolute discretion of the Company or any other person in whose custody they may be at the relevant time. In the event that the goods are destroyed or otherwise dealt with as aforesaid, the Company shall bear no liability and the Customer shall indemnify the Company from and against all costs and expenses incurred with respect thereto
• 17.3 The Customer undertakes that any of the goods referred to in 19.1 above (including their covering, packaging, containers and other carriage devices) shall be distinctly marked having regard to their nature. The Customer further undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of any Service having regard to their nature and in compliance with all laws and regulations which may be applicable with respect to any Service. The Customer shall indemnify the Company against all claims, losses, damages or expenses arising in consequence of any breach of this provision.
• 17.4 The Customer’s compliance with 19.2 above in no way reduces or limits those rights afforded to the Company under 19.1 of this clause.

18. Sale and Disposal of Goods

• 18.1 The Company and its Contractors shall be entitled at the cost and expense of the Customer, subject to any compliance with any applicable law, to sell or dispose of:
  1. any Perishable goods which in the opinion of the Company or the Contractor appear to be deteriorating, if the Customer fails to adequately instruct the Company with respect thereto or fails to pay any costs and expenses necessary to implement the Customer’s instructions

19. Collection / Delivery / Completion / Tracking

• The Company is authorised to arrange collection and delivery of the Goods in accordance with the Customer’s booking.
• If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Company in its sole discretion may at its option either deposit the Goods at the nominated place, store or return the Goods at the risk and expense of the Customer, all of which will be deemed to be delivery of the Goods under this Contract
• Times and Dates specified for collection, delivery and completion in respect of any of the Services are estimates only and the Company shall not be liable for failure to complete any of the Services within or on such times or dates so specified
• The Company provides a tracking service on its website which discloses information provided by the Contractors. The Company does not guarantee the performance or accuracy of this service or the information disclosed and shall not be liable for any loss and/or damage whatsoever arising from any failure/inaccuracy in respect thereof.
• If The Company cannot provide the service to The Customer as paid for, The Company will provide a full refund. If The Customer requires a cancellation of the service as paid for prior to collection (or attempted collection) The Company will provide a refund of the services paid for less a $15 administration fee. This can be waived at the discretion of The Company.

20. Representations

• 20.1 By accepting these conditions, the Customer agrees that it did not rely on any representation, promise, warranty or condition of the Company or its Subcontractor not expressly made (in writing) part of this contract.

21. Severance & Waiver

• 21.1 It is hereby agreed that if any provision or part of any provision of this contract is unenforceable, such unenforceability shall not affect any other part of such provision or any other provision hereof. Further, should the Company elect not to exercise any of its rights under this contract, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by the Customer.

22. Change in Control

• 22.1 The Client shall give C2C not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by C2C as a result of the Client’s failure to comply with this clause.

23. Compliance with Laws

• 23.1 The Customer shall comply with all applicable laws and Government regulations and directions including those relating to the packing, carriage, storage, customs clearance, delivery, inspection or other Services in respect of the Goods, and shall furnish such information and provide such documents as may be necessary to comply with such laws and regulations. The Company shall not be liable to the Customer for loss or expense due to the Customer’s failure to comply with this provision and will indemnify the Company for any expense incurred by the Company in so complying.

24. Law and Jurisdiction

• 24.1 Any dispute arising under this Contract shall be governed by the laws of New South Wales and shall be determined exclusively by the courts of NSW or by the court of the Company’s choice.

25. Force Majeure

• 25.1 Where the Company is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”), the Company shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.

26. Personal Property Securities Act 2009 (“PPSA”)

• 26.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
• 26.2 Upon assenting to these terms and conditions in writing The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Customer to AFS for Services – that have previously been supplied and that will be supplied in the future by AFS to the Customer.
• 26.3 The Customer undertakes to:
  1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which AFS may reasonably require to
     1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
     2. register any other document required to be registered by the PPSA;
     3. correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii);
  2. indemnify, and upon demand reimburse, AFS for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby.
  3. not register a financing change statement in respect of a security interest without the prior written consent of AFS;
  4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of AFS;
  5. immediately advise AFS of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
• 26.4 AFS and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
• 26.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
• 26.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
• 26.7 Unless otherwise agreed to in writing by AFS, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
• 26.8 The Customer must unconditionally ratify any actions taken by AFS under clauses 13.3 to 13.5.
• 26.9 Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

27. Privacy Policy

• 27.1 All emails, documents, images or other recorded information held or used by AFS is Personal Information and therefore considered Confidential Information. AFS acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). AFS acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by AFS that may result in serious harm to the Customer, AFS will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.
• 27.2 The Customer agrees that AFS may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
  1. to assess an application by the Customer; and/or
  2. to notify other credit providers of a default by the Customer; and/or
  3. 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
  4. to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
• 27.3 The Customer consents to AFS being given a consumer credit report to collect overdue payment on commercial credit.
• 27.4 The Customer agrees that personal credit information provided may be used and retained by AFS for the following purposes (and for other agreed purposes or required by):
  1. the provision of Goods; and/or
  2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
  3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
  4. enabling the collection of amounts outstanding in relation to the Goods.
• 27.5 AFS may give information about the Customer lient to a CRB for the following purposes:
  1. to obtain a consumer credit report;
  2. allow the CRB to create or maintain a credit information file about the Customer including credit history
• 27.6 The information given to the CRB may include:
  1. Personal Information as outlined above;
  2. name of the credit provider and that AFS is a current credit provider to the Customer;
  3. whether the credit provider is a licensee;
  4. type of consumer credit;
  5. details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
  6. advice of consumer credit defaults (provided AFS is a member of an approved QAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and AFS has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
  7. advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
• 27.7 The Customer shall have the right to request (by e-mail) from AFS:
  1. a copy of the Personal Information about the Customer retained by AFS and the right to request that AFS correct any incorrect Personal Information; and
  2. that AFS does not disclose any Personal Information about the Customer for the purpose of direct marketing.
• 27.8 AFS will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
• 27.9 The Customer can make a privacy complaint by contacting AFS via e-mail. AFS will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

28. Service of Notices

• 28.1 Any written notice given under this Contract shall be deemed to have been given and received.
  1. by handing the notice to the other party, in person;
  2. by leaving it at the address of the other party as stated in this Contract;
  3. by sending it by registered post to the address of the other party as stated in this Contract;
  4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
  5. if sent by email to the other party’s last known email address.
• 28.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

29. Trusts

• 29.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not AFS may have notice of the Trust, the Customer covenants with AFS as follows:
  1. the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
  2. the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
  3. the Customer will not without consent in writing of AFS (AFS will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
     1. the removal, replacement or retirement of the Customer as trustee of the Trust;
     2. any alteration to or variation of the terms of the Trust;
     3. any advancement or distribution of capital of the Trust; or
     4. any resettlement of the trust property

30. General

• 30.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 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.
• 30.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which AFS has its principal place of business.
• 30.3 AFS may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
• 30.4 AFS may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of AFS’s sub- contractors without the authority of AFS.
• 30.5 The Customer agrees that AFS may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for AFS to provide Goods to the Client.
• 30.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
• 30.7 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.