These terms govern the provision of freight and logistics services by Vyoma Logistics Pty Ltd (ABN 59 703 610 51 1). By engaging our services, you agree to the terms set out below.
These Terms of Service apply to all freight, transport, warehousing, distribution and related logistics services supplied by Vyoma Logistics Pty Ltd (ABN 59 703 610 51 1), trading from Melbourne VIC, Australia. They apply together with any quotation, booking confirmation or written service agreement we issue. Where a signed agreement conflicts with these terms, the signed agreement will prevail to the extent of the inconsistency.
Quotations provided by us are valid for the period stated on the quotation, or 14 days if no period is stated. Quotations are based on the information you provide, including freight type, dimensions, weight, pickup and delivery locations and timing. If the actual details differ from those supplied, we may adjust the price accordingly. A booking is confirmed once we accept your instructions in writing. Bookings are subject to carrier availability and reasonable operational limits.
Prices are quoted in Australian dollars and exclude GST unless stated otherwise. GST applies in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth). Invoices are payable by the due date shown on the invoice. We may charge reasonable additional costs arising from delays, re-delivery attempts, waiting time, storage or variations to the agreed scope that are caused by you or circumstances outside our control. Late payments may attract interest and reasonable recovery costs.
You warrant that all goods tendered to us are accurately described, properly packed, labelled and fit for transport. You must not tender dangerous, illegal, hazardous or prohibited goods unless you have disclosed them fully in writing and they are accepted by us in accordance with applicable regulations, including the Australian Dangerous Goods Code. You are responsible for obtaining any permits, licences or documentation required for the movement of your goods.
Risk in the goods passes in accordance with the agreed Incoterms or delivery terms. Where we act as a freight forwarding or logistics coordinator, we may engage subcontractors and carriers to perform part or all of the services on terms that limit their liability. We will exercise reasonable care in the selection and supervision of such subcontractors, but we are not liable for their acts or omissions except to the extent provided by law.
Transit times and delivery dates are estimates only and are not guaranteed, as they may be affected by traffic, weather, road conditions, regulatory requirements and other matters beyond our reasonable control. We will notify you promptly of any significant delay of which we become aware. We are not liable for consequential losses arising from delay, to the extent permitted by law.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot lawfully be excluded. Where goods or services supplied to you are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee that cannot be excluded may, where permitted, be limited to resupply of the services or payment of the cost of resupply. Subject to the foregoing, our total aggregate liability arising out of or in connection with the services is limited to the fees paid by you for the particular service giving rise to the claim.
Unless expressly agreed in writing, our services do not include insurance cover for your goods. We can arrange transit or cargo insurance on request as your agent, subject to insurer terms, conditions and excesses. You should assess whether the level of cover is appropriate for the value and nature of your goods.
Any claim for loss of or damage to goods must be notified to us in writing within seven (7) days of delivery, or within seven (7) days of the expected delivery date in the case of non-delivery, together with reasonable supporting evidence such as photographs and delivery documentation. Claims made outside this period may be rejected, subject to your rights under the Australian Consumer Law.
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at privacy.html. By engaging our services, you consent to the collection, use and disclosure of your information as described in that policy.
We are not liable for failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including natural disasters, floods, fires, strikes, industrial action, government restrictions, pandemics, cyber incidents or failures of infrastructure. Where such an event occurs, we will take reasonable steps to mitigate its impact and keep you informed.
Either party may terminate a booking or ongoing service arrangement by providing written notice as specified in the relevant quotation or agreement. You remain liable for services performed and reasonable costs incurred up to the date of termination.
These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
Questions about these terms can be directed to Vyoma Logistics Pty Ltd at ceo@vyomalogistics.online or via our contact page.