LOGISTICS SOLUTIONS

TERMS & CONDITIONS

Welcome to MATRIX MOVE GROUP PTY LTD and thanks for visiting. By accessing our site or utilising our services you are agreeing to these terms & conditions. So please read them carefully.

Using our Site

You may use our site and services only as permitted by law. We may suspend or terminate your access if you don’t comply with our policies or if we are investigating alleged misconduct.

TERMS AND CONDITIONS

1. Terminology "Contract" means the contract between the Customer and MATRIX MOVE for the Relocation of the Goods by MATRIX MOVE based on the terms and conditions set out below. "Relocation" means the Services performed by MATRIX MOVE for the Customer. "Customer" includes the Customer’s representatives, agents and employees. "Customer’s Activities" means all things or tasks which the Customer is, or may be, required to do to comply with its obligations under the. "Consignee" means the receiver of the Goods, its, agents and employees. "Consignor" means the sender of the Goods, agents and employees. "Services" means the collection, packaging, storage, transport and delivery of Goods.

2. Enforcement (a) Relocation is performed by MATRIX MOVE subject to these terms and conditions. (b) The Customer agrees that: (i) MATRIX MOVE employees, agents, subcontractors their employees, agents and subcontractors have the benefit of this Contract as if they were parties to it (Benefited Persons); and (ii) MATRIX MOVE holds the benefit on trust for them and can, if requested by them, enforce it on their behalf.

3. Outsourcing (a) The Customer authorises MATRIX MOVE to at its absolute discretion engage and outsource all or part of the Relocation without first obtaining the Customer’s approval. (b) The Customer and MATRIX MOVE agree that MATRIX MOVE’s outsourced partners are entitled to enjoy jointly and severally with MATRIX MOVE the benefit of all or any part of MATRIX MOVE’s rights under the Agreement.

4. Your Responsibility:

(a) be fully responsible for the Customer’s Activities, the Goods and all risks associated with relocation of the Goods despite authorising an agent, or subcontracting or arranging a third party, to carry out any part of the Customer’s Activities; and

(b) be vicariously liable to MATRIX MOVE for all acts, omissions and defaults of its subcontractors and agents (and those of the employees and agents of its subcontractors and agents).

(c) comply with all reasonable directions given by MATRIX MOVE or a Benefited Person; and

(d) Notify MATRIX MOVE in writing in advance of any special exemption, examination, authority or permit required in relation to the Goods.

5. Our Responsibility

(a) (Not Common Carrier) The Customer acknowledges that MATRIX MOVE is not a common carrier.

(b) (Release) MATRIX MOVE shall not be liable for any loss or damage to the Goods or any other loss, expenses, claims, liabilities, damage (direct or consequential) or injury to property (real or personal) or persons (including death, bodily injury or illness). This release covers any kind of loss or damage arising due to missed delivery, delayed delivery, concealed damage, deterioration, contamination, evaporation, non-delivery by MATRIX MOVE.

6. Goods and Equipment

(a) The Customer must fully and accurately describe the Goods and the Goods must conform to their description. The Customer must disclose, fully and accurately any Dangerous Goods or any other dangerous items or substances that are included in the Goods. MATRIX MOVE may on receipt of such description withdraw its offer to provide the Services for all or any part of the Goods and shall in the case of such withdrawal refund any payment made by the Customer to MATRIX MOVE in respect of those Goods.

(b) The Customer warrants that: • (As the Consignor) it has complied with all Commonwealth, State and Territory laws, regulations, codes, standards and other relevant requirements (‘laws’) relating to the notification, description, consigning, nature, packaging or relocation of the Goods applicable to the Customer including but not limited to the MATRIX MOVE Policy requirements. • (As the Consignee) it has obtained written assurance from the Consignor that all laws relating to the notification, description, consigning, nature, packaging or relocation of the Goods applicable to the Relocation.

(c) The Customer authorises MATRIX MOVE to pay as it considers necessary any charges, customs duty, excise duty and other amount required pursuant to any law relating to customs or excise, or under an order or requirement of any harbour, dock, railway, shipping, customs warehouse or other authority or company. The Customer shall reimburse to MATRIX MOVE any such expenses and charges incurred by MATRIX MOVE.

(d) The Customer authorises MATRIX MOVE to take any action necessary to rectify the Customer’s failure in respect of the requirements on the Customer under this clause 6 and shall indemnify MATRIX MOVE against all charges, expenses, liabilities, claims, losses, damages and statutory penalties suffered or incurred by MATRIX MOVE in relation to the relocation where such liability arises in whole or in part out of a breach by the Customer of a warranty or undertaking set out in this clause 6.

(e) If in the opinion of MATRIX MOVE, any Goods are or are liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature. MATRIX MOVE will not be responsible to the Customer for any loss suffered by the Customer as a result of MATRIX MOVE exercising its discretion under this clause and the Customer shall indemnify MATRIX MOVE for any expenses or liabilities incurred by MATRIX MOVE.

7. Inspection Where the Consignment Note or other identifying document or mark has in MATRIX MOVE’s opinion been lost, damaged, destroyed or defaced, MATRIX MOVE is entitled to open any document, wrapping, package or other container in which Goods are placed or carried and to inspect the Goods to determine their nature, condition, ownership or destination. 8. Delivery (a) MATRIX MOVE is authorised to deliver the Goods to the delivery address stated on the front of the Consignment Note or any other address nominated to MATRIX MOVE by the Customer. A receipt or signed delivery docket for the Goods obtained by MATRIX MOVE from any person at that delivery address shall be conclusive evidence of delivery of the Goods. (b) If the nominated delivery address is unattended or if delivery to a person cannot otherwise be affected by MATRIX MOVE,

MATRIX MOVE may fulfil its obligations to deliver the Goods by leaving the Goods at that place or may at its discretion store the Goods. If the Goods are stored by MATRIX MOVE the Customer shall pay or indemnify MATRIX MOVE for all costs and expenses incurred in or arising from such storage and MATRIX MOVE shall have liberty to deliver the Goods to the Customer from the place of storage at the Customer’s expense.

(c) MATRIX MOVE will deliver Goods at intermediate points only by special arrangement and provided suitable facilities are available at all hours.

(d) Every reasonable effort will be made to complete Relocation by the quoted date however MATRIX MOVE does not guarantee delivery by that date. The Customer must accept the Goods notwithstanding any delay.

(e) MATRIX MOVE will not be obliged to provide copies of signed delivery dockets to a Customer upon the expiration of 30 days from the date of delivery of the Goods.

9. Charges (a) (Profile) the charges by MATRIX MOVE for the Relocation will be determined according to the scope of work, dimensions of freight or value of the Goods. MOVE may at any time value or measure the Goods for the purpose of determining the rate applicable to the Relocation.

(b) (Up-rate) The Customer acknowledges that the rate or rates quoted by MATRIX MOVE for its Services are not fixed and may change (increase or decrease) depending on the profile of the Goods.

(c) (Up-rate notification) MATRIX MOVE will notify the Customer of any change to the rate or rates quoted by MATRIX MOVE for its Services as soon as reasonably practicable.

10. Payment Terms (a) MATRIX MOVE shall be entitled to payment for its Services as soon as the Goods are despatched. The total payment for the Services is non-refundable.

(b) The Customer must pay the full amount of MATRIX MOVE’s invoice (including any GST) for the Services within seven days of the invoice being issued, without deduction and without the need for a demand.

(c) (Default interest) Should there occur any delay in payment in accordance with this clause, the Consignor shall pay interest on the outstanding amount at the rate of 11% per annum calculated on a daily basis assessed from the due date until payment is received by MATRIX MOVE.

(d) (GST) Unless otherwise stated the total charge for the Services does not include Goods and Services Tax (GST) and MATRIX MOVE reserves the right to increase any charge by an amount equal to the GST payable in respect of any taxable supply.

11. Confidentiality the Parties must ensure that the terms of this agreement are kept confidential

12. Delay in Loading or Unloading

(a) MATRIX MOVE may request the Customer to pay an additional charge in respect of any delay in loading or unloading the Goods except to the extent that the delay is caused by an act or omission of MATRIX MOVE or a person for whom MATRIX MOVE is responsible. Or in the case of a project scope pre-determined.

(b) In addition to freight, MATRIX MOVE may charge for.

(i) any additional expenses MATRIX MOVE incurs as a result of any incorrect declaration by the Customer of the weight, volume, description or packaging of the Goods.

(ii) any expense or loss incurred by MATRIX MOVE as a result of the Customer cancelling any Services.

(iii) any demurrage or detention charges (iv) any storage or other charges or expenses MATRIX MOVE incurs in relation to the Goods.

13. Handling of Goods If the Customer expressly instructs MATRIX MOVE to use, or it is expressly agreed in writing that MATRIX MOVE will use, a method in performing any Service MATRIX MOVE will give priority to the method designated but if that method cannot in MATRIX MOVE’s opinion conveniently be adopted by MATRIX MOVE, the Customer authorises MATRIX MOVE to perform the Service by another method at MATRIX MOVE’s absolute discretion. 

14. Lien and Sale (a) MATRIX MOVE shall have a lien on the Goods and any documents relating to them and on any other property or documents of the Customer in the possession of MATRIX MOVE for all charges payable to MATRIX MOVE pursuant to the Agreement.

(b) If after demand of MATRIX MOVE the Customer fails to pay the charges due to MATRIX MOVE in respect of Relocation, MATRIX MOVE may at its option and without notice sell (or appoint a nominee to sell) by public auction, or privately, on any terms all or any of the Goods, property or documents contemplated by this clause.

(c) From the net proceeds of a sale conducted by MATRIX MOVE (or its nominee as the case may be) under this clause MATRIX MOVE shall be entitled to keep an amount equal to the sum payable by the Customer in respect to the Relocation as well as any expenses incurred by MATRIX MOVE in storing the Goods and conducting the sale. Once the total amount of all such charges and expenses payable to MATRIX MOVE have been satisfied MATRIX MOVE shall deal with any surplus money arising from the sale and any unsold Goods, property or documents at the Customer’s direction.

(d) Any sale conducted by MATRIX MOVE (or its nominee as the case may be) pursuant to this clause shall not affect MATRIX MOVE’s right to recover from the Customer any deficit between the net proceeds of sale and the total amount or any other debt due by the Customer to MATRIX MOVE.

15. Authority the Customer authorises MATRIX MOVE to:

(a) use any method for handling, transporting or storing the Goods. MATRIX MOVE will give priority to any instructions given by the Customer, but if those instructions cannot be followed, MATRIX MOVE will use another method.

(b) deviate from any usual route of transport or place of storage.

(c) weigh or measure the Goods where MATRIX MOVE's charges are based on weight or measurement:

(d) open any package, container or inspect the Goods to determine their nature, conditions, ownership or destination.

16. Agreement between Parties (

a) (Authority) The Customer warrants to MATRIX MOVE that: • the Customer is the owner of the goods or authorised to enter into the Agreement on behalf of the owner of the Goods, and • the person delivering the Goods to MATRIX MOVE for Relocation (or who is holding the Goods for collection by MATRIX MOVE) has authority to sign the Consignment Note for or on behalf of the Customer.

(b) (Indemnity) The Customer will indemnify MATRIX MOVE against all loss suffered and/or liabilities, expenses or penalties incurred by MATRIX MOVE. The Customer’s failure to perform under the Agreement; • Any claim relating to personal injury or death or loss or damage (direct or consequential) to property (real or personal) of MATRIX MOVE or of a third-party including loss of business or profits or revenue, which results from any act or omission by the Customer under the Agreement. This indemnity covers, without limitation, damage arising from the act or neglect of the Customer in performing its obligations under the Agreement. The Customer’s responsibility to indemnify MATRIX MOVE will be reduced to the extent that an act or omission of MATRIX MOVE contributed to the loss, damage, injury or death.

(c) (Costs of default) All costs, expenses or other liability incurred by MATRIX MOVE to remedy any breach by the Customer shall be recoverable from the Customer upon demand in addition and without prejudice to MATRIX MOVE’s right to damages for breach of the Agreement. The sum of any liability of the Customer arising under the Agreement shall be a liquidated debt payable by the Customer without reduction 

17. Insurance

(a) The Customer acknowledges that the goods will be the Customer’s responsibility to protect the Goods against the risk of loss or damage and, at its own cost, to take out and keep current all available and adequate insurances to cover the Goods upon such terms and in such amounts as are reasonable in the circumstances.

(b) The Customer warrants that it will take out and maintain all available and adequate insurances to cover the Goods against the risk of loss and damage by Relocation.

18. Legislation

(a) Nothing in these conditions shall be read or applied to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

(b) Notwithstanding the preceding clause, all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied in the Agreement are expressly excluded to the fullest extent permitted by law.

19. Terms and Conditions have Full Force in all Circumstances

(a) All the rights, immunities and limitations of liability in these terms and conditions in favor of MATRIX MOVE shall have their full force and effect to the maximum extent permitted by law in all circumstances.

(b) Failure by MATRIX MOVE to insist upon strict performance of any of the terms and conditions of the Agreement shall not be deemed a waiver thereof or of any rights MATRIX MOVE may have and shall not (and nor shall any express waiver) be deemed to be waiver of any subsequent breach of any term or condition of the Agreement.

(c) The Customer’s liability under the Agreement shall not be affected by any variation, waiver, forbearance or indulgence of any kind.

20. Variation of Terms and Conditions MATRIX MOVE shall not be bound by any agreement purporting to vary these conditions or in respect to the Goods unless such agreement is in writing and signed by an authorised officer of MATRIX MOVE.

21. Provisions Severable If any part of these Terms is declared unenforceable, all other provisions will continue to apply.

22. Assignment the Customer must not assign, transfer, encumber or deal with any of its rights or obligations under the Agreement without MATRIX MOVE’s prior written consent. The Agreement will bind and benefit any successors or permitted assigns of the parties.

23. Termination of Services

(a) (With notice) If either party breaches any of the provisions of these Terms the other (non-defaulting) party may give written notice to the offending party specifying the alleged breach and that unless the offending party rectifies that breach within seven (7) days then the other (non-defaulting) party will terminate this agreement.

(b) (Immediately) MATRIX MOVE may, without prejudice to any other remedy that may be available to MATRIX MOVE, at its option withhold or cancel any Services without notice if: • the Customer fails in whole or in part to perform or observe any term or condition hereunder relating to Dangerous Goods; or • a receiver, liquidator, trustee in bankruptcy or official manager or administrator of the Customer or any of its business or property is appointed. 

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