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| Overview : Terms and Conditions | ||
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Terms and Conditions |
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| TERMS & CONDITIONS Following discussions with Shipping Australia the 1-STOP terms and conditions for sending Pre-Receival Advices have been modified. A new clause 19 has been added and the other change is to the clause involving Suspension and Termination, which now reflect a new regime of consultation with the shipping lines before this can occur. This was previously clause 23 but is now clause 24. These Terms and Conditions apply to the follow Terminals: Patrick Terminals: QLD - Brisbane - Fisherman Is QLD - Brisbane - Fisherman Is Terminal 7 QLD - Brisbane - Maritime Wharf QLD - Gladstone - Auckland Port WA - Fremantle VIC - Melbourne - East Swanson VIC - Melbourne - Webb Dock NSW - Sydney - Port Botany NSW - Sydney - Darling Harbour TAS - Bell Bay - Launceston P&O Ports Terminals: QLD - Brisbane - Fisherman Islands WA - Fremantle VIC - Melbourne - West Swanson NSW - Sydney - Port Botany NSW - Sydney - Darling Harbour Following are the Terms of Conditions under which 1-STOP Connections Pty Ltd (ABN: 58 102 573 544) ("1-STOP") will accept electronic transmission of export Pre-Receival Advices (PRAs) for transmission to the port terminals listed above (the "terminals"). These terms apply to PRAs transmitted either by electronic data interchange (EDI) or by use of the PRA forms provided through the 1-STOP website service. Parties wishing to transmit PRAs to 1-STOP (by any means) will be required either (i) to register on-line at the 1-STOP website, and to confirm their 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 utilise the 1-STOP PRA 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 export PRAs, and will facilitate the transmission of PRAs by those parties choosing to submit PRAs 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 PRAs either by direct EDI or by the use of forms on its 1-STOP website. 3. Because the PRA is an essential working document used by terminals and shipping lines to plan the loading of ships, 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 PRAs after such notice will constitute acceptance of all such variations. Accepting these Terms 5. None of the Terms, the PRA 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 PRA to 1-STOP (by whatever means), you make 1-STOP an offer to use its services in accordance with the Terms. By accepting your PRA, 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 PRA registration form provided on the 1-STOP website and parties submitting a PRA via EDI are hereby advised that every PRA 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 PRAs, 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 PRA 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 PRA has been submitted, by you, to 1-STOP, you will not send any other PRA 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 a PRA (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: (a) The gross weight declared in all PRAs you submit to 1-STOP in respect of containerised cargo shall be the correct sum of gross cargo weight and the tare weight of the container; (b) Where you submit a PRA 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; (c) Where you submit a PRA 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. (d) Where you submit a PRA 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 PRAs submitted via EDI, you undertake and agree to ensure that such PRAs 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 PRAs, and any forms on the 1-STOP website which may be used by you to transmit PRAs, 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 PRA 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 PRA 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 PRA 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 Trade Practices 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 PRA 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-STOPs 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 PRAs 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 PRAs using another protocol, you agree to bear the costs of conversion into the protocol required by 1-STOP. Suspension or Termination of Registration 24.(a) 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 PRA for a container that is not in fact dispatched to the wharf, and the terminal in question is not subsequently advised that the PRA should be deleted; - You send duplicate PRA?s for the same container and the terminal in question is not subsequently advised that one container record should be deleted; - You send an PRA for a "fictitious" container, or for any frivolous or malicious purpose; - You send an PRA 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 (b) 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 PRA originator. - After each separate offence 1-STOP offers training in how to send a PRA that does not breach any condition listed in clause 24 (a). - After the shipping line listed on the PRA has been notified that you have breached any condition listed in clause 24 (a). - After direction from the stevedore or the shipping line/s to suspend or terminate your registration. 25. In the event that 1-STOP or the stevedore or the shipping line/s 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. |
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