Electronic Import Delivery Order (eIDO)

Following are the Terms of Conditions under which 1-STOP Connections Pty Ltd (ABN: 58102572544) ("1-STOP") will accept electronic transmission of Electronic Import Delivery Order's (EIDOs) for transmission to the port terminals listed in Terminal Section of the EIDO application on the 1-STOP website (the "terminals"). These terms apply to EIDOs transmitted either by electronic data interchange (EDI) or by use of the EIDO forms provided through the 1-STOP website service. Parties wishing to transmit EIDOs to 1-STOP (by any means) will be required either (i) to register on-line at the 1-STOP website, and to confirm there acceptance of these terms at that time or (ii) in the case of parties transmitting via EDI, to accept and acknowledge these terms and conditions upon receipt thereof and/or registration with 1-STOP as an EDI user, and thereafter be bound by and act in accordance with such terms and conditions.

Parties seeking to utilize the 1-STOP EIDO forms service should also read the separate Terms and Conditions of the 1-STOP website subscription service (located on the 1-STOP website homepage), which apply to all parties accessing and/or using the 1-STOP website.

Introduction

1. 1-STOP is able to receive electronic transmissions of EIDOs, and will facilitate the transmission of EIDOs by those parties choosing to submit EIDOs to 1-STOP whether via the 1-STOP website, via EDI or otherwise (such parties, together with their respective associated bodies corporate, all their employees, agents and representatives and those of their associated bodies corporate being hereinafter, "you").


2. 1-STOP allows you to transmit EIDOs either by direct EDI or by the use of forms on its 1-STOP website.


3. Because the EIDO is an essential working document used by terminals to plan their working programs, it is important that you comply with the Terms & Conditions published below and as amended from time to time ("Terms").


4. 1-STOP may vary these Terms at any time at its sole discretion. 1-STOP will notify you if these Terms are varied and your continued transmission of EIDOs after such notice will constitute acceptance of all such variations.

Accepting these Terms

5. None of the Terms, the EIDO registration form or the EDI user registration forms constitute an offer but rather an invitation to you to make an offer to 1-STOP to use its services in accordance with the Terms. By submitting a EIDO to 1-STOP (by whatever means), you make 1-STOP an offer to use its services in accordance with the Terms. By accepting your EIDO, 1-STOP accepts your offer to use its services in accordance with the Terms. For the avoidance of doubt, parties using the 1-STOP website must click on the icon marked "I have read and understood the Terms & Conditions" located on the EIDO registration form provided on the 1-STOP website and parties submitting a EIDO via EDI are hereby advised that every EIDO submitted by them following receipt of these Terms and/or registration with 1-STOP as an EDI user, shall form the basis of an offer as outlined above, which offer shall be subject to the Terms.


6. Our agreement, the Terms, your use of 1-STOP services and the provision by 1-STOP of those services are governed by Federal law and the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.


7. If a court of law finds a provision in these Terms to be invalid or unenforceable, that provision will be severed from the Terms without affecting the remainder of them and those Terms will continue to govern the relationship between you and 1-STOP.

Your Obligations

8. You agree to accept all costs associated with transmission of EIDOs, including, without limitation, payments to other service providers such as software vendors, bureau services, Internet Service Providers or other network providers.


9. You will advise 1-STOP, in writing, of the primary contact for all communication with 1-STOP, and will ensure that this contact is able to receive email alerts from 1-STOP at any time and take appropriate action to resolve any issues that may arise from use of 1-STOP services.


10. You agree to transmit all data items in the EIDO that are required by 1-STOP, in a standard form defined by 1-STOP from time to time, and warrant that this data will be true and correct in all respects.


11. You agree that, where a EIDO has been submitted, by you, to 1-STOP, you will not send any other EIDO to any of the terminals by paper, fax or any other media, in respect of the same cargo, unless specifically requested to do so by the terminal in question.


12. You agree to indemnify 1-STOP against any loss or damage sustained by 1-STOP, arising from incorrect or misleading data transmitted in an EIDO (including, without limitation, damage or injury to personnel, systems or equipment).


13. Without prejudice to the generality of the foregoing, you undertake, represent and agree that:




1. The gross weight declared in all EIDOs you submit to 1-STOP in respect of containerized cargo shall be the correct sum of gross cargo weight and the tare weight of the container;


2. Where you submit a EIDO in respect of chilled or refrigerated cargo, you shall declare the correct temperature setting at which the cargo is to be maintained during transport, and you further accept that 1-STOP shall not be liable for any damage to the cargo which may arise as a result of that or any information proving to be incorrect or incomplete;


3. Where you submit a EIDO in respect hazardous cargo, as defined according to the International Maritime Dangerous Goods Code ("IMDG"), you shall declare the correct hazardous class for the cargo in question and shall accept all liability for any damage to equipment or injury to personnel of 1-STOP which may arise as a result of that or any information proving to be incorrect or incomplete.


4. Where you submit a EIDO for cargo that extends beyond the dimensions of the container or other loading device you will declare the correct measurements of any overhang or excess measurement.


14. In respect of all EIDOs submitted via EDI, you undertake and agree to ensure that such EIDOs will not comprise or include any additional or unnecessary content or material including, without limitation, email viruses or other code, which may cause damage to 1-STOP or the terminal systems and will not be submitted with any malicious purpose or intent.

1-STOP's Obligations

15. 1-STOP agrees to accept all costs of maintaining the facility to receive EIDOs, and any forms on the 1-STOP website which may be used by you to transmit EIDOs, but reserves the right to charge for use of the 1-STOP website service.


16. 1-STOP will maintain the facility to receive EDI transmissions by whatever means, on the basis of 24 hours per day, 365 days a year, but, subject to clause 20, will accept no liability, whether for negligence, willful default or otherwise, for loss or damage arising from any interruption to this facility and/or the 1-STOP website.


17. 1-STOP will alert you by email (i) 24 hours in advance of any scheduled interruption to its EIDO facility and/or the 1-STOP website, and (ii) as soon as possible after any unscheduled interruption, and will alert you again by email when the service (s) in question has resumed.


18. 1-STOP will maintain a help desk facility 24 hours per day, 365 days a year for your support in using the 1-STOP EIDO forms or to log any queries you may have regarding direct EDI services, and will publish contact numbers on the 1-STOP website.


19. 1-STOP will use its best endeavors to avoid sending EIDO responses containing or attached to email viruses or other code which may cause damage to your system.


20. Other than warranties and conditions implied by relevant legislation including the TradePtractices Act 1974, the exclusion of which from an agreement would contravene a statute or cause part or all of this clause to be void ("Non-excludable Condition"), 1-STOP excludes all terms, conditions and warranties in relation to the 1-STOP EIDO facility and the 1-STOP website.


21. Except where the liability of 1-STOP, cannot be excluded by virtue of relevant legislation including the Trade Practices Act, 1-STOP excludes all liability to you for any loss or damage, including, without limitation, liability arising in contract or tort (including negligence). For breach of any Non-excludable Condition, 1-STOP limits its aggregate liability, at 1-STOP's option, to the re-supply of the services in question, or the payment of the costs of having the services in question supplied again.


22. In the event that the exclusion and/or the limitation of liability, set out in condition 20 above, is held by any court of law to be invalid, the maximum, aggregate liability of 1-STOP shall not exceed $10,000.

Means of Transmission

23. 1-STOP make available the facility to receive electronic EIDO's on the basis that they will be transmitted as text attachments to Simple Message Transfer Protocol (SMTP) mail sent via an Internet Service Provider (ISP). If you choose to transmit EIDOs using another protocol, you agree to bear the costs of conversion into the protocol required by 1-STOP.

Suspension or Termination of Registration

24. 1. 1-STOP reserves the right to suspend or terminate your registration, subject to Clause 24 (b), if any one of the following events takes place: -
       
       You send an EIDO for a container that is not in fact at the wharf, and the terminal in question is not subsequently advised that the EIDO should be deleted;
       
       You send duplicate EIDO's for the same container and the terminal in question is not subsequently advised that one container record should be deleted;
       
       You send an EIDO for a "fictitious" container, or for any frivolous or malicious purpose;
       
       You send an EIDO containing or attached to email viruses or other code which may cause damage to 1-STOP systems; or
       
       1-STOP is instructed in writing by any terminal or shipping line/s to suspend or terminate your registration
    
    
    2. Suspension or Termination can only proceed if 1-STOP has first complied with the following: -
       
       1-STOP notifies you three (3) times in writing that you have breached any condition listed in clause 23 (a) In the case of a "Bureau" the breach must be for the same EIDO originator.
       
       After each separate offence 1-STOP offers training in how to send a EIDO that does not breach any condition listed in clause 24 (a).
       
       After the shipping line listed on the EIDO has been notified that you have breached any condition listed in clause 24 (a).
       
       After direction from the stevedore to suspend or terminate your registration.
    
    
25. In the event that 1-STOP or the stevedore determines that your registration should be suspended or terminated you will be advised by email.


26. 1-STOP accept no liability for any loss or damage that may arise due to suspension or termination of your registration.