1. About these Terms
These Terms of Service (Terms) form the agreement between you (the client) and Manjit Global Trade Pty Ltd (ABN 82 702 105 682) (we, us or our) whenever you request, accept or use our services, whether through our website at manjitglobaltrade.site, by email or through a written quote or engagement. By engaging us, requesting a quote or using this website, you agree to these Terms. If you do not agree, please do not use our services.
Each engagement is also governed by the written quote, engagement letter or scope of works that we issue and you accept. If there is any inconsistency between those documents and these Terms, the quote or engagement letter prevails to the extent of the inconsistency.
2. Our Services
We provide international trade and import export services from Perth, Western Australia, which may include:
- supplier identification, sourcing and vetting in overseas markets;
- import and export facilitation, including landed cost estimates;
- coordination of freight, shipping and warehousing with third-party providers;
- assistance preparing trade documentation such as commercial invoices, packing lists and certificates of origin;
- liaison with freight forwarders and licensed customs brokers, and guidance on customs and biosecurity requirements; and
- market entry research and trade advisory.
We act as a coordinator and adviser. We are not a carrier, shipping line, freight forwarder, warehouse, insurer or licensed customs broker, and we do not own or operate vessels, aircraft or depots. Where our services involve regulated activities, we engage appropriately licensed or accredited providers on your behalf.
3. Quotes and Engagements
All quotes are provided in writing and are valid for 30 days from the date of issue unless the quote states otherwise. Quotes are based on the information you provide and on rates, exchange rates and third-party charges current at the time of quoting. Actual costs may vary; where they do, we will notify you before incurring additional costs where practicable.
A binding engagement arises only when you accept a quote in writing (including by email) or we confirm your instruction in writing. Variations to the scope of an engagement must be agreed in writing and may attract additional fees.
4. Fees, Invoicing and Payment
Fees are quoted and payable in Australian dollars (AUD). Goods and services tax (GST) is payable in addition where applicable and will be shown on our tax invoices. Unless your quote states otherwise, invoices are payable within 14 days of the invoice date by the payment method nominated on the invoice.
Disbursements and third-party charges (such as freight, duties, port charges and brokerage) are payable in accordance with your quote and may be payable in advance. If an invoice remains unpaid after its due date, we may charge interest on the outstanding amount, suspend services and withhold release of documents until all amounts owing are paid.
5. Your Obligations
You agree to:
- provide accurate, complete and current information and documents reasonably required for the engagement, in a timely manner;
- ensure you hold, or obtain, all licences, permits and registrations required for the import or export of your goods;
- ensure goods are correctly described, classified, valued and declared;
- respond promptly to queries from us, customs, biosecurity authorities or third-party providers; and
- provide safe access to premises, goods and personnel where an inspection or loading is part of the engagement.
We may pause or end an engagement where you do not meet these obligations, and fees for work performed remain payable.
6. Third-Party Providers
Where we coordinate carriers, freight forwarders, customs brokers, warehouses, ports, insurers or other third parties, the terms and conditions of those providers apply to the services they provide and copies are available on request. Transit times, sailing and flight schedules, rates, space availability and third-party performance are not guaranteed by us. We select providers with reasonable care but are not liable for their acts or omissions except as required by law.
7. Trade Compliance and Restricted Goods
You warrant that all goods that are the subject of our services: are lawful to import or export; comply with the Customs Act 1901 (Cth), biosecurity laws and all other applicable Commonwealth, State and Territory laws; are correctly declared and documented; and do not breach Australian sanctions laws or the sanctions laws of any relevant jurisdiction.
You must not ask us to assist with prohibited goods, misdeclaration, undervaluation, dual-use goods without authorisation, or any arrangement intended to evade duties, tariffs or trade controls. We may decline, suspend or terminate an engagement, and report to authorities where required by law, if we reasonably believe these warranties have been breached.
8. Risk, Title and Insurance
Title to, and risk in, goods at all times remain with you or your suppliers and customers, as applicable, unless expressly agreed otherwise in writing. We do not insure goods unless we are instructed in writing to arrange cover, and any insurance we arrange is subject to the insurer's policy terms. We recommend that you insure goods for their full value during transit and storage.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies, or purports to exclude, restrict or modify, any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be supplied with due care and skill and will be reasonably fit for purpose. To the extent we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
10. Limitation of Liability
To the fullest extent permitted by law, and except as set out in the Australian Consumer Law section above:
- we exclude all conditions, warranties and terms that would otherwise be implied;
- we are not liable for indirect, special or consequential loss, or for loss of profit, revenue, goodwill, opportunity, data or anticipated savings; and
- our total aggregate liability arising out of or in connection with an engagement is limited to the fees you have paid to us for that engagement.
We are not liable for loss arising from delays or damage caused by carriers, customs or biosecurity authorities, ports, weather, industrial action or other events beyond our reasonable control; from information, documents or classifications you or your suppliers provide; or from currency movements and changes in third-party rates between quotation and shipment.
11. Indemnity
You indemnify us, and our directors, employees and contractors, against all claims, losses, penalties, duties, fines and reasonable legal costs arising out of or in connection with: the goods you ask us to import, export or coordinate; information or documents you provide; your breach of these Terms or of applicable trade, sanctions or biosecurity laws; and any act or omission of your suppliers, customers or agents, except to the extent caused by our negligence or breach of these Terms. This indemnity does not apply to the extent it would exclude liability that cannot be excluded under the Australian Consumer Law.
12. Intellectual Property
We retain all intellectual property rights in our website, brand, quotes, reports, market research, templates and other materials we create. You may use materials we deliver to you for your internal business purposes and for the specific engagement for which they were prepared, but you must not resell, publish or otherwise distribute them without our written consent.
13. Confidentiality
Each party will keep confidential the other party's non-public business information and use it only for the purposes of the engagement. This obligation does not apply to information that is or becomes public, was already lawfully known, is independently developed, or must be disclosed by law. Both parties will take reasonable care to prevent unauthorised disclosure.
14. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging us or using this website, you consent to the collection, use and disclosure of personal information as described in that policy, including disclosure to freight forwarders, customs brokers, carriers and other service providers involved in your transactions.
15. Force Majeure
Neither party is liable for a failure or delay in performance (other than payment of money owing) caused by an event beyond its reasonable control, including natural disasters, epidemics, port closures, war, sanctions, strikes, government action, cyber incidents or failures of utilities or communications networks. The affected party must notify the other promptly and take reasonable steps to mitigate. If the event continues for more than 60 days, either party may terminate the affected engagement on written notice.
16. Suspension and Termination
Either party may terminate an engagement at any time by written notice to the other. You remain liable for fees and disbursements for services performed and costs incurred up to termination. Where a quote provides for deposits or advance payments, amounts covering work already performed or third-party costs already committed are non-refundable.
We may suspend services immediately if an invoice is overdue, if required information is not provided, or if we reasonably consider that continuing the engagement would breach the law or these Terms.
17. Changes to these Terms
We may update these Terms from time to time by publishing the current version on this page. The version in force when you accept a quote applies to that engagement unless we agree otherwise in writing. Material changes that affect a current engagement will be notified to you by email. Your continued use of our website or services after changes are published constitutes acceptance of the updated Terms.
18. General
These Terms, your quote and any engagement letter form the entire agreement between the parties in relation to an engagement and supersede earlier discussions. A provision must be read down or severed if it is invalid or unenforceable. Our failure to enforce a right is not a waiver of that right. You must not assign or transfer your rights under an engagement without our written consent. Notices under these Terms must be in writing and may be sent by email to ceo@manjitglobaltrade.site (for notices to us) or to the email address you nominate (for notices to you).
19. Governing Law and Disputes
These Terms and any engagement are governed by the laws of Western Australia and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
Before commencing court or tribunal proceedings (other than proceedings for urgent relief), the parties will attempt in good faith to resolve any dispute through direct discussion between senior representatives for 30 days, and may agree to mediation. Nothing in this section limits any non-excludable rights you have under the Australian Consumer Law.
20. Contact Us
Questions about these Terms, or requests for a copy of any third-party terms referred to above, can be emailed to ceo@manjitglobaltrade.site or raised through our contact page.
We are located in Perth, Western Australia, and aim to respond to email enquiries within two business days. Please include your company name and, where relevant, your quote or invoice reference.