Terms of Service
Last updated: 1 January 2025
These Terms of Service govern your access to and use of the website ozberglobal.site and any trade or logistics services provided by Ozber Global Pty Limited (ABN 97 702 114 449) (“Ozber Global”, “we”, “us” or “our”). By engaging our services or using this website, you agree to be bound by these terms.
1. About these terms
Ozber Global Pty Limited is a global trade and logistics services provider based in Perth, Western Australia. These terms apply to all quotations, engagements, communications and services supplied by us unless otherwise agreed in writing. If there is any inconsistency between these terms and a signed service agreement, the signed service agreement will prevail to the extent of the inconsistency.
2. Our services
We provide global trade and logistics services, which may include import and export coordination, freight forwarding liaison, customs documentation support, shipping and supply chain advisory, and related consulting services. The specific scope of services for each engagement will be set out in your written quotation or proposal. Descriptions of our services on this website are general in nature and do not constitute a binding offer.
3. Quotations and engagement
Quotations provided by us are valid for the period stated in the quotation (or, if none is stated, for 30 days from the date of issue). Quotations are based on the information you provide to us, current freight rates, exchange rates and third-party charges. If any of these change before commencement, we reserve the right to adjust the quotation or advise you of revised charges before proceeding. An engagement is formed when you accept a quotation in writing (including by email) or when we commence work at your request.
4. Payment terms
Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. We may require a deposit or upfront payment for certain engagements, particularly for first-time clients or large consignments. We may pass on to you, at cost, any third-party charges including carrier fees, port and terminal charges, customs duties, quarantine fees, storage and demurrage. Overdue amounts may attract interest at the rate from time to time permitted under Western Australian law. You are responsible for any government charges, taxes or duties applicable to your shipment, except for GST which will be charged in accordance with Australian tax law where applicable.
5. Client obligations and compliance
You agree to:
- provide accurate, complete and timely information, including commercial invoices, packing lists, permits, licences and classification details;
- ensure all goods comply with Australian and international laws, including customs, biosecurity, quarantine, dangerous goods and sanctions regulations;
- declare the correct value, description, origin and classification of all goods;
- hold all licences and permits required for the import, export or transport of your goods; and
- not use our services to transport prohibited, illegal or hazardous goods without full, lawful disclosure.
We rely on the information you provide when preparing documentation and making lodgements. We are not responsible for delays, penalties or losses caused by incomplete, inaccurate or late information supplied by you.
6. Customs, duties and regulatory matters
Customs duties, taxes, tariffs and regulatory requirements are determined by government authorities and may change without notice. While we take reasonable care in preparing documentation and providing guidance, final determinations rest with the relevant authorities such as the Australian Border Force and the Department of Agriculture, Fisheries and Forestry. Any duties, penalties or charges imposed as a result of declarations made based on your information remain your responsibility.
7. Shipping, delivery and risk
Transit times, sailing schedules and delivery dates are estimates only and are subject to change by carriers, ports, customs authorities and events beyond our control. Risk in goods passes in accordance with the agreed incoterms or the terms of the relevant carrier. We recommend that you insure your goods appropriately, as our services do not include cargo insurance unless separately agreed in writing.
8. Australian Consumer Law — your consumer guarantees
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are entitled to cancel your engagement with us and receive a refund for the unconsumed portion of the services. For major failures that cannot be remedied, you may also be entitled to compensation for reasonably foreseeable loss or damage. For minor failures, we are entitled to remedy the failure within a reasonable time, and if we do not, you may cancel the affected engagement.
9. Limitation of liability
To the fullest extent permitted by law:
- our liability for any failure to comply with a consumer guarantee that cannot be excluded is limited, where the law permits, to the supplying of the services again or the payment of the cost of having the services supplied again;
- we are not liable for indirect, special or consequential loss, including loss of profits, loss of business, loss of opportunity or loss arising from delayed transit, unless such loss arises from our breach of a non-excludable consumer guarantee;
- where we act as an agent or coordinator for carriers, freight forwarders, customs brokers or other third parties, our liability is limited to the extent of the services we actually perform, and the terms of the relevant carrier or third party will govern the carriage of goods; and
- our total aggregate liability for any claim arising from an engagement is limited to the fees paid by you for that engagement, except where liability cannot be limited by law.
10. Force majeure
We are not liable for any delay or failure to perform our obligations caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, port closures, strikes, industrial action, war, sanctions, government restrictions, cyber incidents or failures of carriers, utilities or communication networks. Where such an event occurs, we will notify you as soon as reasonably practicable and work with you to minimise disruption.
11. Indemnity
You agree to indemnify Ozber Global Pty Limited, its directors and personnel against all claims, losses, penalties, duties, fines and reasonable legal costs arising from: (a) information or documentation you provide that is inaccurate, incomplete or unlawful; (b) goods that do not comply with applicable laws or that were not fully disclosed to us; or (c) your breach of these terms. This indemnity does not apply to the extent a loss is caused by our own negligence or breach of these terms.
12. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to us collecting, using and disclosing information (including to carriers, customs brokers and government authorities) as reasonably necessary to perform the services.
13. Website use and intellectual property
The content of this website, including text, branding and design, is owned by or licensed to Ozber Global Pty Limited and is protected by copyright and trade mark laws. You may view and print pages for your own lawful business use. You must not reproduce, republish or commercially exploit our content without prior written consent, misrepresent your affiliation with us, or attempt to gain unauthorised access to our systems.
14. Termination
Either party may terminate an engagement by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent. On termination, you remain liable for fees for services performed and third-party charges incurred up to the date of termination. Clauses 8 to 11 survive termination.
15. Changes to these terms
We may update these terms from time to time by publishing a revised version on this page. The revised terms apply to engagements accepted after the date of publication. Material changes affecting an existing engagement will be communicated to you in writing.
16. Governing law
These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
17. Contact
Questions about these terms, a quotation or an engagement can be sent to ceo@ozberglobal.site or via our contact page.