SEAL Logistics Terms & Conditions

1. Our Services

   1. These Terms of use apply to the services which are provided by SEAL Logistics PTY LTD, Level 21/179 Turbot Street, Brisbane City 4006, ABN 30 642 359 519, and ACN 642 359 519 (“SEAL Logistics”, “our”, “us” or “we”) to a user of the website seallogistics.net.au & software platform (“the site”) and any orders for services which are made using the site/platform. Any references in these terms and conditions to “you”/” your” refer to the user of the site. If you would like to contact us regarding these terms, you can do so by emailing us at [email protected].

   2. The services provided by SEAL Logistics allow you to send items with a choice of transport companies that we hold accounts with. In these terms of use, we refer to these transport companies as the “Carrier”.

   3. The carriage of items is undertaken by the carrier, and we do not carry the items ourselves however, your contract for the carriage of items remains between you and SEAL Logistics. We manage all aspects of the interaction with the carrier on your behalf. Should you have any queries or issues about any order you place, you should contact SEAL Logistics at [email protected].

   4. When you place an order with us, you can select from a range of different carriers depending upon the services you require. We will provide our services to you using reasonable skill and care and have selected only reputable carriers to carry consignments.

   5. When placing an order through SEAL Logistics platform it is an automated process and no orders are checked by human interaction by SEAL Logistics. It is therefore essential that you check your order prior to submitting and declare the correct services to be chosen.

   6. SEAL Logistics order process includes a check box that must be ticked before an order can be processed to state that you have read and understood these terms of use. Before placing your order, you should read these terms of use to ensure that you understand the terms on which we provide our services.

   7. “Prohibited Items” including, but no limited to hazardous items, pornographic items and tobacco products must not be sent using our service.

2. Not a Common Carrier

   1. SEAL Logistics is not a common carrier and will not accept liability as such. The Carrier reserves the right to accept or refuse the carriage, transport, storage or custody of any Goods for any person, at its discretion, without giving any reason for so doing.

3. Compliance with Laws

   1. All Goods are carried or transported and all storage or custody and other Services are performed by SEAL Logistics and it’s carriers are subject only to these conditions including the following:
      (i) the Customer has complied with all applicable laws (including where necessary the Australian Code for the Transport of Dangerous Goods by Road and Rail, Air Navigation Orders Pt 33 and the International Maritime Dangerous Goods Code), or the Heavy Vehicle National Law including the Chain of Responsibility relating to the notification, description (on the consignment note or separately) consigning and packaging of the Goods and the expenses and charges of the Carrier in complying with any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs warehouse or other authority or company shall be paid by the Customer. Additional charges shall be paid on such Goods if deemed necessary by the Carrier.
      (ii) the Customer has fully and adequately described the Goods on the consignment note.
      (iii) the Carrier is entitled to open any document, wrapping, package or other container in which the Goods are placed or carried to inspect the Goods to determine either their nature or condition or to determine their ownership or destination where any consignment note or identifying document or mark is lost, damaged, destroyed or defaced.
      (iv) the Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and is signed on behalf of the Carrier by a director, secretary or other duly authorised officer of the Carrier.

4. Limitation of Liability

   1. The liability of the Carrier shall be limited in accordance with these terms and conditions in respect of the Goods, product or any part thereof to the Customer or the owner or to any other person but is excluded to the extent of any fraud or wilful default of the Carrier.

   2. Without restricting the generality of sub-clause (a), the maximum liability of the Carrier whether in contract, tort or otherwise shall be limited to the direct resupply of equivalent services, or full value of the invoice. In no circumstances does the Carrier accept liability for indirect or consequential loss, including but not limited to loss of revenue, loss of profit, loss of production, loss of data, loss of contracts, loss of business, damage to reputation or loss of goodwill and any other loss not reasonably considered to arise naturally, in the ordinary course of things, from the relevant breach, act or omission.

   3. The limitation of liability in clause 4.2 shall apply irrespective of the manner in which or the time at which or the place at which or the reason whereby any such loss, mis-delivery, damage or injury or delay may have occurred notwithstanding that the same may have been due or occasioned by, or may have arisen as a result of or as incidental to any negligence, act or omission or any part thereof by the Carrier, and includes the following circumstances:
      (i) any loss or non-delivery or mis-delivery of the Goods or any part thereof; or
      (ii) any damage or injury to or any delay in the delivery of the Goods or any pert thereof; or
      (iii) any damage directly or indirectly caused by or which may arise out of any such loss, non-delivery, mis-delivery, incorrect description, damage, injury or delay; or
      (iv) any damage including deterioration of chilled, frozen, refrigerated or perishable Goods.
      (v) any damage, loss or injury arising after transit has ceased.

   4. The description, quantity and value of the Goods shown in the consignment note or the quotation relating to the Goods (as the case may be) were represented to the Carrier by the Customer and the Carrier does not admit to the accuracy thereof and shall require, in the case of any claim, proof thereof. The Customer or other party who may claim against the Carrier, shall retain the relevant evidence thereof.

   5. The disclaimer in this clause extends to include not only loss of or damage to itemised equipment and Goods but, loss damage or injury to any person property or thing damaged during the movement and to include any loss consequentially or otherwise arising from any loss damage or injury howsoever caused including but not limited to any negligence or breach by the Carrier.

5. Rights of Indemnity

   1. The Customer shall indemnify the Carrier against all consequences, loss, damage or injury arising out of any fraud, error, act, omission, misstatement, breach of any applicable law or regulation or misrepresentation by the Customer or other owner of the Goods and against the consequences of insufficient or improper packaging, labelling or addressing of the Goods and including:
      (i) all claims and demands whatsoever by whoever made in excess of the liability of the Carrier under these terms and conditions.
      (ii) all losses or damage suffered by and claims made against the Carrier caused by or arising out of the carriage by the Carrier of dangerous Goods whether or not declared by the Customer as dangerous Goods.
      (iii) all customs duty, excise duty and costs which the Carrier becomes liable to pay and shall pay in respect of any Goods.
      (iv) all customs and/or excise duties, costs, fines or penalties which the Carrier becomes liable to pay for any reason whatsoever in respect of the Goods and any documentation relating to the Goods pursuant to any applicable laws or regulations.

   2. The Carrier shall indemnify the Customer against all losses, claims, of demands whatsoever arising directly from the Carrier’s fraud or wilful default.

   3. The parties acknowledge and agree the obligation to use reasonable endeavours to mitigate and limit the other party’s loss or damage where it is within a party’s capability and capacity to do so.

6. Placing an Order

   1. SEAL Logistics is not obliged to accept orders from you, A contract for the services will only be formed when we accept your order and confirm this to you. As per above 2.0 Not a common carrier.

   2. SEAL Logistics will arrange the transport of your consignment through a third-party carrier as chosen by you at the time of consigning. Should the service not be available once consigned, you will be contacted by SEAL Logistics with an alternative service, or you have the right to cancel.

   3. The collection of a consignment in most cases occur on your chosen date provide at time of consignment. Any order can be cancelled by you and a full refund will be provided up until the day the consignment has been booked in for collection, however after a consignment has been collected from you, your order cannot be cancelled. This is due to the carrier already dispatching a vehicle to collect and will need to go through there depot to be returned. If a consignment has been cancelled and refunded it is the Sender’s responsibility to remove all labelling and documentation from the packaging and ensure parcel/s are not handed over or dropped-off at any collection point. By arranging for the Consignment to be collected, you consent to the provision of services to you and accordingly, you will not be able to exercise any legal cancellation right that you may have (also known as a 'cooling off' right) from the point when the Consignment is collected from you.

   4. Any cancellation of a consignment will be confirmed in writing. If this is not received, please contact our support team and the transaction will be confirmed.

   5. A consignment can be put on hold for a period up to 14 days after consigning. After that point, an automated cancellation will be completed after 14 days.

7. Surcharges

   1. Some consignments may incur surcharges to be payable by you in addition to the carriage fees which are the standard cost of delivery for your consignment. When a surcharge is payable, it will be charged directly to your account under the initial consignment number.

   2. Any surcharges represent the additional costs which have been charged by the carrier to SEAL Logistics will be passed onto you. Extra surcharges are made available to you prior to consigning. By providing the correct information in our quoting system will limit the number of surcharges you may be charged. For an extensive list of surcharges please contact our customer support team or email us at [email protected].

8. Collections

   1. Collection dates and times are not guaranteed unless you have selected a same day service.

   2. The automated system books the collection as per your request. Please note, we cannot specify collection times and anytime slots are a request only and collections can be made between 9am up until 5pm should this be the carriers only option. If a collection hasn’t been completed, please advise SEAL Logistics customer support team and they will rebook the consignment, please note SEAL Logistics are unaware of any missed collection until notified by you and SEAL Logistics are not liable for any missed collections by carriers at any time. Any query relating to an order must be lodged with SEAL Logistics not directly with the carrier.

   3. SEAL Logistics does not come in direct contact with the consignment/s but arrange for the collection through our accounts. Please ensure the correct parcel is given to the correct collecting agent.

   4. Consignments can be collected and delivered from residential address or business provided the address is attended at the time of collection.

   5. We supply the minimum required documentation to accompany your shipment, these documents must be attached to the shipment securely and if not, your consignment may be delayed and subject to extra surcharges.

   6. Your consignment must be packed to a professional standard and must be sufficient to protect the consignment. Its not always obvious when a consignment is packaged correctly, and carriers will assume all consignments are correctly packaged and will handle your consignment with the appropriate skill. Any claim resulting from a parcel that is not packaged to a reasonable standard and in line with the above may be declined.

   7. Any consignment handle by our carriers must be able to withstand a short drop. Fragile items should not be sent using our service. Please see our prohibited/restricted items section below relating to these items.

   8. Collections are made on working days only. Saturday deliveries are available by contacting our support team, additional charges could apply.

   9. Please ensure the collection point is accessible at requested collection time, A surcharge may apply if the consignment isn’t available when the carrier tries to collect.

   10. A receipt should be obtained or manifest to be signed upon collection of your consignment. Proof of collection will be required for any issues that you may have with the consignment or processing of your order.

9. Tracking & Delivery

   1. Delivery dates and times are not guaranteed and are and estimated time only.

   2. Transit times quoted are calculated from the time you enter when creating the consignment, if the consignment is collected the next day this is when ETA starts.

   3. Deliveries are made on working days only.

   4. Your item can be tracked online through our portal. In the event that your parcel is automatically returned by the carrier, you can contact our office prior to the return to rectify any issue. Once returned charges related to the return must be paid by the account that created the consignment.

   5. SEAL Logistics can only deliver to full street address. We do not deliver to PO Boxes. If a consignment has to be returned for this reason, no refund will be given and return freight charges will apply.

   6. A telephone number for the receiver is required for each consignment, SEAL Logistics will not re-ship or refund any returned item where a telephone number has not been provided.

   7. Collections and Deliveries can be made anytime up until 5:30pm on weekdays only.

   8. Please note, Proof of delivery is kept for 6 months and currently some carriers can’t supply signatures due to COVID19 restrictions.

   9. SEAL Logistics cannot guarantee to stop/return any item once in transit, although we will try.

10. Restricted Items

    1. We strongly recommend that you don’t send restricted items using our service. This is because such items are fragile, dangerous or otherwise inappropriate to be carried by our network of carriers. Sending such items, you are doing so at your own risk.

    2. Our platform accepts orders on an automated basis. We may not be aware that you have requested the carriage of a restricted item and our carriers will exercise the standard care when carrying such item.

    3. Restricted items may be subject to non-collection, delay, returned or confiscation. If a restricted item is collected by the carrier and later returned, no refund will be given, and additional charges will apply.

11. Prohibited Items

    1. PROHIBITED ITEMS MUST NOT BE SENT USING OUR SERVICES, sending such items using our services in contrary to these terms of use and SEAL Logistics hereby limits its liability accordingly.

    2. In addition to our prohibited items carriage, hazardous/dangerous goods are strictly prohibited unless otherwise declared. Failure to declare hazardous/dangerous goods could lead to you being prosecuted where unlimited fines and imprisonment are possible.

    3. Item/s sent within a hazardous box will be classed as such, strictly prohibited unless declared. Please do not reuse old hazardous boxes.

12. Loss/Damage Claims

    1. All consignments are carried under the carrier’s condition of cartage terms and their relevant insurance cover, note not all carriers include insurance cover. SEAL Logistics can provide carriers cartage terms upon request

    2. Any claim must be brought to our attention within 7 days from receiving your invoice.

    3. All enquires relating to loss or damage to consignments should be directed through SEAL Logistics. Please don’t contact carrier directly about your order.

    4. Once submitting a claim, you will need to have proof that the correct carrier has transported your consignment, In the event of a claim, a copy of the cost/wholesale invoice will be required to prove the value of the consignment.

    5. In the event of damage all goods must be keep and photos provided with the claim for reasonable evaluation report to be completed SEAL Logistics.

    6. A claim relating to a lost consignment/item can only be processed once the carrier has concluded its searches for the item.

    7. Due to COVID, parcels that are left without a signature when a signature is required and are unable to be located will need a filed police report reference when lodging a claim.

13. Method of Carrying Goods

    1. If the Customer instructs SEAL Logistics to carry the Goods by road, rail, sea or air SEAL Logistics will give priority to the method designated, but if that method is not available or would cause undue delay, inconvenience or give rise to potential loss, the Customer agrees and authorises SEAL Logistics to carry or have the Goods carried by alternate method or methods, and these terms and conditions shall apply equally regardless of the method adopted.

14. Transit Insurance

    1. Any cartage of goods does not include an insurance cover. All goods are carried under the carrier’s condition of cartage terms, which can be provided upon request

15. Freight

    1. Freight shall be considered earned and the Customer shall be liable to pay freight to the Carrier as soon as the Goods are loaded and dispatched and will not be subject to refund otherwise than in accordance with these terms and conditions.

16. Accounts, Invoices & Charges

    1. Trading terms are strictly 14 days from invoice unless otherwise agreed in writing.

    2. All accounts are rendered weekly.

    3. Credit claims will only be accepted up to 7 days from date of invoice.

    4. Overdue accounts may be suspended 14 days after due date and surcharges may apply to render account.

    5. All rates with our carriers are not reciprocal unless specified and all consignments have a fuel surcharge applicable unless otherwise agreed in writing.

    6. Your goods are deemed to be carried when such goods are loaded onto our sub contractors’ vehicles and despatched from place of loading.

    7. Your goods will be deemed to have been delivered in accordance with these terms and conditions if they are delivered at the address notified to us by you in writing or any other place instructed.

    8. You are responsible for all charges we incur in relation to the supply of the services, and we may increase our charges where we are required to pay on account of any duties, customs, freight, warehousing, taxes, fines, penalties and transport charges.

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