Terms and Conditions
(Client shall mean any person, company, or organisation referred to in this document as the "Client".
(Stockwell Storage means a Stockwell Storage Pty Ltd (ACN 108 415 201). Any work in Australia will be in accordance with these Terms & Conditions.
(Goods shall mean anything accepted by Stockwell Storage from the Client for storage and/or distribution.
(Services shall mean the whole of the operations and services provided by Stockwell Storage on behalf of the Client.
(Pallet Space shall mean a unit of storage space not exceeding 1.2 x 1.2 x 1.3m in height. Pallets which exceed these dimensions will be treated as multiples of one pallet space.
(Bottle shall mean any singular bottle
(Carton shall mean any singular item or bundle/parcel of items greater than 1kg and not exceeding 25kg or its cubic equivalent.
(Pallet shall mean any palletised quantity of items/cartons not exceeding
1.2 x 1.2 x 1.3m or 1 tonne in weight.
(Cubic Allowance shall mean the minimum number of kilograms per cubic metre on which charges are based. Handling and distribution charges will be based on whichever is the greater of the actual weight of the Goods or the cubic measurement of the Goods multiplied by the Cubic Allowance. Stockwell Storage uses a Cubic Allowance of 250 kilograms per cubic metre.
(Charges means the charges for services as indicated in the Service Quotation. Charges do not include insurance and GST.
(Confidential Information shall mean any and all confidential information and proprietary information concerning the Client’s products, technology, customers, marketing strategies and any other information the Client deems confidential but shall not include information which is already in the public domain.
(Order Cut-Off Time shall mean the day and time up until which Stockwell Storage will process all orders received from the Client.
(Service Quotation shall mean the charges for services offered by Stockwell Storage to the Client. All Service quotations will remain valid for 30 days.
Stockwell Storage’s Commitments
Stockwell Storage will provide and maintain modern warehouse facilities in compliance with all relevant State and Federal legislation for the correct storage of the Client’s Goods.
Stockwell Storage will maintain at all times a monitored alarm system and computerised inventory management system for the security and accountability of the Client’s Goods.
Stockwell Storage will provide and maintain all pallet racking, shelving, handling and other equipment in clean and good order to enable prompt and efficient fulfilment of the Client’s reasonable requests.
Stockwell Storage will store all of the Client’s Goods in a separate and clearly identifiable area of the warehouse and in an orderly manner so as to preserve their condition and avoid contamination or effect by other matter.
Stockwell Storage will not disclose, nor allow anyone else to disclose, make use of, make copies of, and will use its best efforts to prevent unauthorised disclosure by any person including its employees, agents, and contractors, of any Confidential Information of the Client.
Immediately after receipt of a written request from the Client, Stockwell Storage will return to the Client all original and copy versions of any Confidential Information in its possession or control. Stockwell Storage will also destroy all copies of documents, electronic recordings or other materials prepared by or for it or in its possession or control, which incorporates any Confidential Information unless required by law to be kept for taxation/legal purposes.
Fixed Price Guarantee
Stockwell Storage will not change the Client’s charges between the annual cost reviews, save in the circumstances envisaged in clause 10 below.
The Client’s charges will be reviewed in September of each year and will be adjusted (if necessary) in line with percentage cost increases incurred by Stockwell Storage during the preceding year. The new charges will become effective from 1st November each year and will not change for the following twelve months, save in the circumstances envisaged in clause 10 below.
Stockwell Storage will make every effort to contain cost increases within its control to minimise the impact on its Clients.
Where extraordinary unexpected cost increases are incurred by Stockwell Storage, it reserves the right to adjust the Client’s charges in the intervening period. An example may be a fuel surcharge.
Limited Indemnity Guarantee
Stockwell Storage will indemnify the Client against pilferage, accidental damage to or loss of Goods whilst in storage or transit where such pilferage, damage or loss was caused by a Stockwell Storage employee up to a maximum of $1000 in any one circumstance.
Stockwell Storage will effect and maintain for the Client’s benefit a public liability insurance policy of $20,000,000.
Goods are adequately labelled
The Client must ensure that all Goods to be receipted by Stockwell Storage are adequately labelled with the correct product code, product description and unit of issue. The Client agrees to pay Stockwell Storage a charge per label produced and applied to inadequately labelled Goods.
Goods are safe and suitable
The Client warrants that unless previously notified in writing to Stockwell Storage, all Goods are free of any deleterious or objectionable matter or odour which may affect other goods and are not explosive, corrosive, flammable or liable to spontaneous combustion or otherwise dangerous.
Goods are compliant with legislation
The Client warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, storage and/or distribution of such Goods and that the Goods are packed in a manner adequate to withstand the ordinary risks of storage and distribution.
Dangerous or hazardous Goods
Stockwell Storage does not handle dangerous goods.
The Client indemnifies Stockwell Storage against all or any claim and costs (including legal costs) howsoever arising in respect of any dangerous or hazardous goods which may be provided by the Client.
The Client agrees to pay Stockwell Storage the agreed charges within 14 days from the date of Stockwell Storage’s Tax invoice, and acknowledges that no further statements will be issued. Payment shall be deemed to have been made when Stockwell Storage receives cleared funds, cash or a bank cheque from the Client.
Should full payment not be received by the due date, Stockwell Storage may in its absolute discretion, charge the Client a Late Payment charge equal to 2% of any outstanding amount due (minimum charge $50.00), levied per calendar month or part thereof for which the amount remains outstanding.
The Client will be liable to pay all recovery fees and charges, including solicitor's fees incurred by Stockwell Storage on a solicitor and own client basis in recovering any overdue storage and handling charges not paid within 14 days from the date of invoice as provided for in clause 18 above on a full indemnity basis in addition to the interest charges provided for in clause 19 above.
Any claim against Stockwell Storage in respect of the Services must be made by the Client in writing within 7 days of receiving Stockwell Storage’s invoice. The Client shall not set-off amounts claimed against amounts due to Stockwell Storage by the client.
Late or Urgent Orders & minimum invoice fee
The Client agrees to pay Stockwell Storage a surcharge which shall be applied to all orders accepted by Stockwell Storage which are either received after the Order Cut-Off Time and requiring same day dispatch, or all orders requiring urgent processing for immediate dispatch or collection.
Stockwell Storage must be in possession of both the order and the Client’s Goods prior to the Order Cut-Off Time to avoid the urgent processing surcharge.
The minimum amount charged per invoice is $25.00 in all cases.
Services required outside of Business Hours
The Client agrees to pay Stockwell Storage a surcharge which shall be applied to all Services requested by the Client to be specifically performed outside of Stockwell Storage’s business hours.
Stockwell Storage’s business hours are Monday to Friday 8am to 4pm.
Stockwell Storage reserves the right to amend these Terms & Conditions from time to time, without prior notice to the Client.
These Terms & Conditions may only be varied with the written approval of Stockwell Storage. These Terms & Conditions shall override any inconsistent conditions in any other document or other communication between Stockwell Storage and the Client.
All pricing quotations are based on expected volumes as stated by the Client.
Should actual volumes differ cumulatively or otherwise by more than 20% from the Client’s stated volumes then in its sole discretion Stockwell Storage may increase or decrease the charges to reflect the actual volumes.
Any service charges quoted and ancillary charges do not include the Federal Government’s Goods and Services Tax (GST). The Client shall pay to Stockwell Storage an amount equal to the prevailing rate of GST payable by Stockwell Storage in connection with any supply made by Stockwell Storage to the Client.
Insurance not included
Insurance cover is not included in any services provided by Stockwell Storage. Upon the Client’s written instructions, Stockwell Storage, as the Client’s agent will effect insurance of Goods in storage and/or during delivery at the Client’s expense.
Goods are stored & handled at Client’s own risk
With no exceptions, all Goods are stored or delivered at the Client’s sole risk. Stockwell Storage is not a common carrier and shall accept no liability as such. All Goods are stored and/or delivered and all Services are provided by Stockwell Storage subject only to these Terms & Conditions. Unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by Stockwell Storage for any loss or damage to or concealed damage, deterioration, contamination, evaporation or misdelivery of or failure to deliver or delay in the delivery of Goods either in storage or in transit from the warehouse for any reason whatsoever.
Stockwell Storage’s Liability
The Client specifically agrees to indemnify Stockwell Storage against any claim for any reason whatsoever by any other person(s) or entity in respect of the Services.
Stockwell Storage shall not be liable for any consequential loss sustained by the Client as a result of the Services provided by Stockwell Storage, its employees, agents or sub-contractors.
Discretion to refuse Services
Stockwell Storage reserves the right to refuse to provide Services to the Client in its absolute discretion.
Lien over Goods
Stockwell Storage reserves the right to retain a particular and/or general Lien over all lawful charges pursuant to the Warehousemen’s Liens Act 1958 (Vic) or, where applicable, the Warehousemen's Liens and Storage Act 1990 (SA), the Warehousemen's Liens Act 1952 (WA), the Warehousemen's Liens Act 1935 (NSW) or the Storage Liens Act 1973 (QLD). If any monies due to Stockwell Storage are not paid within thirty days after notice has been given to the Client from whom the monies are due that such goods are detained, they may be sold by auction or otherwise in the sole discretion of Stockwell Storage and at the expense of such Client, and the proceeds applied in or towards satisfaction of such particular and/or general lien. In this event the Client shall take no exception upon the ground that any price realised is less than market value or upon any other grounds.
Stockwell Storage will not be liable for failure to perform or any delay in performing the Services or any part of the Services, if the failure arose from a cause beyond the reasonable control of Stockwell Storage.
Duration of Service & Notice of Termination
Where the services relate to ongoing storage requirements, all Service Agreements shall automatically renew for subsequent terms of the same duration unless written notice is served by one party to the other party notifying its intention to cease with the provision or requirement for the Services which notice shall be served not less than three (3) months prior to the expiration of the then current term.
If any of these Terms & Conditions is illegal, unenforceable or invalid, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the particular provision any effect at all then it must be treated as severable and the rest of these Terms & Conditions are not affected.
Any notice by one party on or to the other will be deemed sufficiently served if delivered or posted to the party to be served at the address set out in the service quotation.
These Terms & Conditions shall have effect, subject to the provisions of any Act or Regulation relating to the warehousing of Goods in the State where Stockwell Storage’s warehouse is located. The general lien of Stockwell Storage under these Terms & Conditions shall be additional to any rights conferred on Stockwell Storage by virtue of such Acts and Regulations, so that nothing in these Terms & Conditions shall be construed to mean that Stockwell Storage shall have surrendered any of its rights or immunities or to have increased its responsibilities and liabilities under the said Acts and Regulations or to have lost the benefit of any Statutory exemption, limitation or protection whatsoever.
40. In all other respects these terms and conditions will be constituted in accordance with the laws of South Australia and be subject to the non exclusive jurisdiction of the Courts of that state.