Terms & Conditions

MARDELL GROUP TERMS AND CONDITIONS

1.    Application of Terms

(a)  Mardell Group Pty Ltd ACN 662 193 553 (Mardell, we, us) provides business transport solutions in Australia (Services). Mardell operates a website, www.mardellgroup.com.au (Site) and the Site, the Services and any other related services Mardell provides are made available to the Consignor or Site user (you) pursuant to the following Terms of Conditions, any specific Bill of Lading or Air Waybill and any other Mardell policies (collectively, Terms).

(b)  By accessing or using the Site and by procuring Mardell’s Services via any means, you agree to be bound by these Terms. If you do not agree to these Terms you may not use this Site or procure Mardell’s Services.

(c)   You agree that, except where you are a Consumer, these Terms constitute the entire agreement between you and Mardell and will prevail over and supersede any previous arrangements, discussions or representations in respect of the Services. Where you are a Consumer within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), these Terms will not apply to the extent that they are inconsistent with the requirements of the ACL.

2.    Carrier’s Service Provision

(a)          Mardell’s Services are currently only available within Australia. Mardell does not offer its Services for use to consignors outside of Australia.

(b)          Mardell’s ordinary business days are Monday through Friday, excluding National Public holidays.

(c)          Mardell uses subcontractors and/ or agents to assist in the provision of its Services. Mardell shall be entitled to contract with such subcontractors and/ or agents on any terms it sees fit.

(d)          Except to the extent provided by law, Mardell does not accept liability for the acts, omissions or negligence of its subcontractors or agents. In any event, Mardell will be entitled to the benefit of any privilege, right or immunity available to any subcontractor or agent.

3.    Consignor Obligations

(a)  When procuring Services from Mardell, the Consignor warrants that theConsignor will provide company name and ABN, contact details such as phone number and email address and other requested information necessary for the provision of the Services.

(b)  The Consignor warrant that the payment details provided upon procurement of Mardell’s Services are both valid and correct and that the Consignor is the person referred to in the billing information provided.

(c)  The Consignor warrants that it has appropriate title to the goods being transported through Mardell’s Services, or has express authority to deal in such goods and to accept these Terms on behalf of the owners of the goods.

(d)  The Consignor warrants that the description and value of goods and particulars of the goods provided to Mardell, Mardell’s agents and any regulator are accurate and the Consignor assumes liability for any inaccuracies or omissions, save for any inaccuracy or omission caused by Mardell’s negligence.

(e)  Mardell will not be required to effect any insurance in relation to the Consignor’s carriage of goods without the Consignor’s express instructions. The Consignor warrants that it will provide accurate information for the purposes of effecting an insurance requested or required and assumes liability for any inaccuracies or omission which invalidates any insurance, save for any inaccuracy or omission caused by Mardell’s negligence.

(f)   The Consignor warrants that the goods have been sufficiently packed to protect the contents and indemnify Mardell against any claim for damage or loss suffered as a result of such packing being inadequate.

4.    Service Request

(a)  The Consignor may engage Mardell’s Services via the Site, via phone, via email or by any other means which Mardell may offer from time to time.

(b)  By engaging Mardell’s Services, the Consignor makes a request to Mardell to procure the Services selected based on these Terms (Service Request).

(c)  Information contained on the Site or provided to you via email, telephone or other means constitute an invitation to treat.

(d)  Mardell will confirm acceptance of the Consignor’s Service Request when Mardell sends an email confirming provision of the Services. Service confirmation and tax invoice should not be deemed a formal acceptance by Mardell of an offer to procure Services.

(e)  Mardell will not be liable to the Consignor or any third party by reason of not accepting a Service Request, withdrawing an offer to treat, refusing to process a Service Request, or suspending any Service Request after processing has begun.

(f)   Mardell is not a common carrier. Mardell and our affiliates reserve the right not to accept or to reject the Consignor’s Service Request in our sole discretion prior to supply of our Services if:

(i)    We are unable to obtain authorisation for payment;

(ii)   The Consignor does not meet the eligibility criteria set out within these Terms;

(iii)  We are unable to engage a subcontractor and/or agent to provide the Services at the requested time; or

(iv)  An event beyond our control, including but not limited to storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, pandemic, epidemic or government order or regulation means that we are unable to supply the Services within a reasonable time.

5.    Payment

(a)  Payments are to be made by electronic funds transfer or any other method directed by Mardell.

(b)  Payments are due within 7 days of receipt of a tax invoice from Mardell.

(c)  Payments will ordinarily be processed and debited upon placing of the Service Request, however payments are subject to any internal checks or delays caused by the Consignor’s credit issuer or Mardell’s credit receiver.

(d)   If the Consignor’s credit issuer refuses to authorise payment to Mardell, we will not be liable for any delay or non-delivery of our Services.  Consider that payments made on a weekend or a Public holiday may not be processed immediately.

(e)  By making a payment the Consignor warrants that the credit/debit card being used or the bank account that is being debited is the Consignor’s or that the Consignor has been specifically authorised by the owner of the credit/debit card or bank account to debit it.

(f)   Mardell will take all reasonable care to keep the details of the Service Request and payment secure, but will not be liable for any claim, expenses, cost, liability, fee, charge or damages or loss including consequential or special losses (whether direct or indirect) suffered by the Consignor or any third party where data or a credit card is fraudulently used or is used in an unauthorised manner.

(g)  The Consignor agrees to pay any duty, excise, tax, brokerage, commissions, allowance or other fees to be paid to freight forwarders, insurance brokers or under the Customs Act 1901 (Cth) in relation to the Service Request. The Consignor acknowledge that these fees may be revised based on the date or specifics of the Service Request and agrees to pay any change in fees.

(h)  Mardell may charge interest at the rate set by its bank on any overdue amounts. The Consignor agrees to pay such interest in the event that it is applicable.

6.    GST

(a)  Service prices shown on the Site or quoted are in Australian dollars and are exclusive of GST unless otherwise stated.

(b)  The Consignor agrees to apply GST at the applicable rate where required.

(c)  For the purposes of this clause, GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7.    Value

(a)  Mardell will not be required to enter any value on the Bill of Lading for the purpose of extending liability under Article IV, Rule 5 of the Sea Carriage of Good Act 1924 (Cth) for carriage by sea, unless expressly instructed by the Consignor. Mardell may accept those instructions in its sole discretion and the Consignor will be liable for payment of any extra charges related to value.

(b)  Mardell will not be required to declare any value for the purpose of extending liability under Article 22(2) of the First Schedule of the Carriage by Air Act 1935 (Cth), unless expressly instructed by the Consignor. Mardell may accept those instructions in its sole discretion.

8.    Storage and disposal

(a)  Mardell accepts no responsibility for the condition of perishable goods upon arrival at the destination and the Consignor will be liable for any disposal fees for perished goods, unless caused by Mardell’s negligence.

(b)  Subject to clause (a) for any goods that cannot be delivered or are not accepted by the recipient, Mardell may return such goods to the Consignor after 21 days from the first attempt at delivery or acceptance and the Consignor will be liable for any charges incurred in returning such goods.

(c)  Prior or post transportation, goods may be warehoused or otherwise held by Mardell. Such storage is at the Consignor’s risk and expense, save for any expense caused by Mardell’s negligence.

(d)  Goods may be subject to a particular and general lien for monies owed to Mardell whether in respect of that Services Request or in general. Mardell reserves the right on notice to auction or sell such goods at the Consignor’s expense towards the satisfaction of the lien.

(e)  To the extent that the Personal Property Securities Act 2009 (Cth) applies to goods the subject of a Service Request, Mardell will not be required to comply with any notice provisions under that Act.

9.    Hazardous and other goods

(a)  Except by special arrangement, Mardell will not deal in noxious, dangerous, hazardous, inflammable or explosive goods. The Consignor warrants that, unless special arrangements have been made, the Service Request will not contain such goods and indemnifies Mardell and its subcontractors and agents against any claim or expense arising from the transportation of such goods.

(b)  Except by special arrangement, Mardell will not deal in coins, antiques, valuables, livestock or plants. The Consignor warrants that, unless special arrangements have been made, the Service Request will not contain such goods and indemnifies Mardell and its subcontractors and agents against any claim or expense arising from the transportation of such goods.

10. Limitation of Liability

(a)  Mardell is not liable for any loss (including special, indirect or consequential loss, loss of profits, loss of business, loss of reputation, loss of goodwill or loss of opportunity) suffered or incurred by you or any third party, except to the extent that such loss was directly caused by our direct act, omission or negligence.

(b)  To the extent permitted by law, Mardell will not be deemed liable for any act, omission or negligence of its subcontractors or agents.

(c)  Mardell’s liability for any loss, howsoever caused, is limited to the resupply of the Services or paying the cost of having the Services resupplied, at Mardell’s sole discretion.

(d)  Mardell will not be liable for any suit brought more than 12 months from the date of the event or occurrence alleged to give rise to the cause of action.

(e)  Where liability cannot be limited or excluded by these Terms because of mandatory applicable statute, convention or law including any legislation such as the Carriage of Goods by Sea Act 1991 (Cth) making compulsorily applicable a Carriage by Air Convention, the Hague Rules, the Hague-Visby Rules or the Hamburg Rules, the provisions of the applicable statute, convention or law shall be deemed incorporated and any rights, immunities or defences shall be made available to Mardell. 

11. Indemnity

You indemnify Mardell against any liability for claims, costs, damages, expenses, interest, liabilities, fees, charges or losses arising out of any act, default omission or negligence or any representation made by you, your employees or your agents or any third party under your control.

12. Termination

Mardell may suspend or cancel the provision of its Services in the event that:

(i)            You breach or fail to properly perform any obligations under these Terms;

(ii)          You become insolvent or bankrupt, go into receivership or liquidation or amalgamate with any other person;

(iii)         Any resolution is passed, or proceedings are commenced for your liquidation or amalgamation;  

(iv)         A force majeure event under clause 13 has been ongoing for more than 30 days; or

(v)          Mardell cannot procure an appropriate subcontractor and/or agent for the Service Request.

13. Force Majeure

To the extent permitted by law, Mardell is not liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of us, and Mardell shall be entitled to a reasonable extension of time for the performance of such obligations.

14. Intellectual Property Rights

(a)  Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in the Site.

(b)  All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on the Site are protected by national intellectual property and other laws and international treaty provisions.

(c)  You are permitted to use Mardell’s IP only as expressly authorised by Mardell.

(d)  Any reproduction or redistribution of the IP is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

(e)  You may not use the Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

15. No Assignment

You may not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void.

16. Waiver

(a)  You acknowledge that if you breach the Terms and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the Terms.

(b)   Our actions in not pursuing our rights in respect of any breach will not be construed as varying the Terms in any way.

17. Modifications

(a)  Mardell may, at any time, and in its sole discretion, modify these Terms, with or without notice to you.

(b)  Any such modification will be effective immediately upon public posting.

(c)   Your continued use of Mardell’s Services or the Site following any such modification constitutes your acceptance of the modified terms.

(d)  No employee or agent has the authority to vary any of the Terms governing any order.

18. Notices

(a)  Any notice must be in writing and forwarded by prepared post or email to Mardell’s or your last provided address.

(b)  Notice will be deemed served:

(i)    5 days after posting; or

(ii)   Upon confirmation of sent email, providing that no notice of failure to deliver is received by the recipient.

19. Jurisdiction

You agree that these Terms are governed by the laws of the State of Victoria and you irrevocably submit to the jurisdiction of Victoria’s courts.