Terms and Conditions
These Terms and Conditions establish the contractual agreement between “MoversToAustralia.com” (referred to as “the Company”) and the individual or business requesting services (“the Customer”). In the event that specific services are governed by separate documents issued by the Company, those documents shall take precedence.
1. Definitions
- Company: Refers to MoversToAustralia.com, a brand operated by SDC International Inc., including its affiliates, contractors, representatives, and authorized agents.
- Customer: The person or organization requesting services, including their representatives, agents, importers, exporters, freight forwarders, carriers, consignees, or any party with interest in the shipment.
- Documentation: All data and instructions provided by the Customer, either electronically or in physical form.
- OTI (Ocean Transportation Intermediary): Includes both non-vessel operating common carriers (NVOCC) and ocean freight forwarders.
- Third Parties: Refers to service providers such as truckers, warehouse operators, customs brokers, and any other entity involved in handling, moving, or storing the shipment.
2. The Company’s Role
MoversToAustralia.com acts as the Customer’s agent when arranging customs clearance, transportation, export filings, or dealing with government authorities—except when directly operating as the carrier.
3. Claim Deadlines
- All claims must be submitted in writing within 90 days of the incident that caused the issue.
- Legal action must be initiated within:
- 1 year for ocean-related claims.
- 2 years for air freight claims.
- 75 days from entry liquidation for import-related claims.
- 2 years for all other service disputes.
4. Third-Party Services
Unless otherwise agreed in writing, the Company will use reasonable discretion when selecting third-party service providers. The Company is not liable for delays, damages, or losses that occur while the shipment is in the custody of a third party. Any claim must be made directly against the party responsible.
5. Non-Binding Quotes
Estimates for fees, duties, freight, or insurance are for reference only and may change. A quote is not binding unless explicitly confirmed in writing with a defined rate and payment terms.
6. Responsibility for Information Provided
- Customers are expected to review all documentation and report errors or discrepancies promptly.
- The Company relies on accurate information provided by the Customer and is not liable for issues arising from incorrect, incomplete, or false declarations.
- Customers must also provide verified weights for cargo being shipped. The Company is entitled to rely on this data and will not be responsible for any resulting discrepancies or penalties.
7. Declaring Value to Third Parties
If the Customer wants to declare a higher shipment value for third-party liability purposes, they must request this in writing and cover any additional fees. Otherwise, shipments will be subject to the third party’s standard liability limits.
8. Insurance Coverage
Unless specifically arranged in writing, the Company is not responsible for obtaining insurance. Customers must request insurance coverage and pay any associated costs.
9. Liability & Limitations
- The Company provides no express or implied warranties beyond those set forth herein.
- Customers may request additional liability protection, subject to written confirmation.
- Without such coverage, the Company’s liability is limited to:
- $50 per shipment for non-customs services.
- $50 per entry or the brokerage fee (whichever is lower) for customs-related services.
- The Company is not liable for indirect, incidental, or consequential damages.
10. Prepayment of Charges
Unless credit terms are approved in writing, all service charges must be paid in advance. Extending credit for one transaction does not imply future credit terms.
11. Customer’s Indemnity Obligation
The Customer agrees to hold the Company harmless against any liability, penalties, or legal costs resulting from errors, omissions, or violations of law related to the shipment or documentation provided.
12. C.O.D. Services
The Company will use reasonable care to comply with C.O.D. (Cash on Delivery) instructions but is not liable if payment is not collected.
13. Collections
In the event of unpaid invoices, the Customer is responsible for all collection costs, legal fees, and interest charges of up to 10% per annum or the highest legal rate allowed.
14. Lien on Customer Property
The Company reserves a lien over all goods in its possession for unpaid balances, including charges related to current or previous shipments. If payment is not made within 30 days of written notice, the Company may sell the goods to recover costs.
15. Records Responsibility
Unless otherwise agreed, the Company is not responsible for maintaining long-term records. The Customer is solely responsible for compliance with applicable record-keeping laws.
16. Legal & Customs Proceedings
The Company has no obligation to file petitions, appeals, or secure customs rulings unless specifically requested and agreed upon in writing.
17. Bills of Lading
Unless instructed in writing, the Company is not obligated to include specific package counts or weights on bills of lading and will rely on data provided by the Customer.
18. Modifications
No changes to these Terms and Conditions shall be valid unless mutually agreed upon in writing by both the Customer and the Company.
19. Company Compensation
The Company’s service fees are separate from freight, carrier charges, and other related expenses. On request, a detailed breakdown of charges and documentation will be provided.
20. Force Majeure
The Company is not liable for losses or delays due to unforeseen events outside its control, such as natural disasters, war, strikes, government actions, or acts of terrorism.
21. Severability
If any clause in these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.
22. Governing Law & Jurisdiction
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. All disputes shall be resolved in the courts of Sydney, NSW, and both parties consent to personal jurisdiction in that location.
Questions?
If you have any concerns about these terms, please contact our legal department at:
📞 877-856-7050
