Terms of Service & Privacy Policy

TERMS AND CONDITIONS FOR SHIPPING, MARKETING AND OTHER RELATED SERVICES. Last revised 2014.

NOTE: We Reserve the Right to Refuse Service to Anyone for Any Reason.

 

TERM DEFINITIONS

1. Acceptance

2. General

3. Company As Agent

4. Privacy Policy

5. Insurance

6. Payment & Billing

7. General Lien and Right to Sell Customer's Property

8. Assisted Buying Service

9. Right of Inspection

10. Communication

11. Customer Shipment Liability

12. No Duty to Maintain Records for Customers

13. No Modification

14. Severability

15. Destination Charges in Ocean Freight

16. Sending Wood and Pallets Overseas

17. Transit Time

18. Reliance of Information Furnished

19. Entire Agreement

20. No Advertising

21. Questions

 

TERMS

These terms and conditions of service constitute a legally binding Contract between the “Company” and the “Customer.”

The “Company” shall mean USAtoAUS.com Network, its subsidiaries, successors or assigns, related companies, agents and/or representatives.

“Customer” shall mean the persons for which the Company is rendering service, as well as its agents and/or representatives. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives. This notice is provided electronically at http://www.shiptoaus.com/tos.html.

“Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form.

“Third parties” shall include, but not limited to, the following: “carriers, truck staff, cartage staff, forwarders, OTI’s, customs brokers, agents, warehouse staff and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise.”

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1.  ACCEPTANCE.
By actually using our services, you understand and agree that we will treat your use of these services as acceptance of the Terms and Conditions from that point onwards.

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2. GENERAL.
All information published in Company’s website, including shipping rates obtained in quotes, is subject to change without notice. All texts, references and links should be considered only as suggestions based on our working experience in the sea freight shipping industry. We DO NOT guarantee its accuracy in all circumstances. It CANNOT be considered official shipping procedures in all situations. We CANNOT guarantee that our website is free from typos either in the text content or numbers in shipping rates, charges etc. If a Customer (thereafter shipper, you, client, Customer, he, she) is faced with a misunderstanding or error, we will do our best to resolve the issue with less harm for both Company and Client ASAP.

To eliminate any misunderstandings, Customer must NOT accept any verbal agreements. We CANNOT honor verbal shipping price quotes or any perceived promises. ALL shipping pricing, commitments and promises have to be in writing, whether in paper or electronically.

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3. COMPANY AS AGENT.
The Company acts as the “agent” of the Customer for the purpose of performing duties in connections with importer security filing services, the entry and release of goods, post entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer and other dealings with Government Agencies; as to all other services, Company acts as an independent contractor.

USAtoAUS.com Network may engage subcontractors, servants or agents to perform services and Contracts on its own behalf, each of whom shall have benefit of these terms. No such party has the authority to waive or vary any of these terms.

The Customer acknowledges that shipments will be consolidated with those of other Customers’ shipments for transport and that USAtoAUS.com Network may not monitor the inbound and outbound movement of consolidated shipments at all handling centers.

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4. PRIVACY POLICY.

4.1 What information is collected?

(a) Personal Information: Personal contact information, shipment and/or motorized purchase information is required. These are required to ensure freight and/or motorized purchase makes it to port and customs have all of their required paperwork. This information is also used to effectively and accurately create, maintain, and display USAtoAUS.com’s classified services. The required information may vary with each site of the USAtoAUS.com Network depending on the industry and it’s relevant data.

(b) Cookies: Some sites in the USAtoAUS.com Network utilize cookies in order to provide users with a more personalized experience by remembering who they are when they revisit the site. Cookies also track visitor activity and traffic patterns among the sites so that the Company can identify users’ interests and behavior. With this information, the Company can improve existing user services and develop new products appropriate for it’s audience.

4.2 How is the information collected?
Members are requested to submit personal and shipment information using online forms for registering and via phone conversations or email communications.

4.3 How is the information used?
Resale and Disclosure of Information: USAtoAUS.com Network WILL NOT sell or disclose any personal information collected on our site to third parties.

4.4 Data Security
Personal Information: To protect the Customer’s information, the USAtoAUS.com Network assigns each Customer with either a unique user name and password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon registering in the USAtoAUS.com Network. Only members have the ability to modify their personal information and delete their ads as needed.

4.5 Data Quality and Access
Members may access their information 24 hours a day using their designated user name and password or ad ID number. Members may modify or delete their information as needed.

4.6 Questions
If you have further questions that are not addressed in the above privacy policy, please contact USAtoAUS.com via email privacypolicy@USAtoAUS.com.

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5. INSURANCE.
The USAtoAUS.com Network is NOT an Insurance provider. In the event of an insurance claim, the Company is not responsible for any damages, missing cargo, etc., unless in the Company’s possession at the time of the damage. The Company DOES offer optional marine insurance on goods. This can be purchased at the time the Customer enters shipment information into the Freight System.

~ If an insurance certificate on an international sea freight shipment has been obtained via our account with a marine insurance provider, then the claim will be processed by the marine insurance company’s claim settling agent located in the country of destination.

~ If an international sea freight shipment supported by us has been insured by a third party marine insurance provider (not via our accounts), then in case of an insurance claim, please direct your insurance claim to the insurance provider.

~ If an international sea freight shipment has NOT been insured, then all claims are to be directed to the ocean freight carrier’s destination.

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6. PAYMENT & BILLING.
Typically payment is due upon receipt after receiving the invoice via email. However, if agreed in writing in advance, payment terms may vary depending on type of shipping service and shipper’s credit with the Company. PLEASE NOTE: If Company is acting on Customer’s behalf to purchase goods, vehicle, or otherwise, all monies are to be collected in advance to purchase said goods.

The company considers email to be a mandatory method of communication with Customers. All invoices are issued via email. If for any reason the email-invoice was not received as expected, it is then the Customer’s responsibility to contact the Company in order to find a reason of not receiving the email. It is also the Customer’s responsibility to ensure the correct contact information is relayed to the Company.

Several options of payment are provided by the Company and are available upon request.

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7. GENERAL LIEN AND RIGHT TO SELL CUSTOMER’S PROPERTY.
(a) Company shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both; 

(b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company's rights and/or the exercise of such lien. 

(c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.

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8. ASSISTED BUYING SERVICE.
The Customer acknowledges that where it uses USAtoAUS.com Network to handle the purchase and negotiations of a purchase, the Company is not responsible and accepts no liability for the accuracy of the order, the quality of goods, the size, color, style of the goods or the suitability of the goods for the purpose they were intended. It is the responsibility of the Customer to communicate with the Company, so that they may understand the requirements and approval of purchases.

PLEASE NOTE: Vehicle Pre-Purchase Inspections may be ordered via the website, http://www.usatoaus.com

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9. RIGHT OF INSPECTION.
USAtoAUS.com Network reserves the right, but is not required, to open and inspect any packaged tendered to it for transportation. In the case of vehicles or motorized equipment, Customer has option of purchasing a pre-purchase inspection. Company is NOT responsible for goods or vehicles purchased directly from seller or merchant.

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10. COMMUNICATION.
Email is considered a mandatory method of communication between the Company and Customer. It is the Customer’s responsibility to provide a correct contact email. Failure receiving email for any reasons may result in the shipment’s delay and/or extra charges and/or extra difficulties. If the Customer does not receive the Company’s email as expected, then it is the Customer’s responsibility to contact the Company in order to find a reason of not-receiving the email.

Company also requires other contact information pertinent to the transaction, including but not limited to, the Customer’s name, phone number, address, and shipment details. Please see the privacy policy for additional information (item #4).

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11. CUSTOMER SHIPMENT LIABILITY.
It is the Customer’s responsibility to ensure goods shipped are acceptable, legal and have no restrictions per departure and destination requirements. The Company will NEVER approve and/or accept goods that are alive, used to be alive or are illegal. Customer will be held liable for any and all costs incurred for attempting to ship unacceptable items.

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12. NO DUTY TO MAINTAIN RECORDS FOR CUSTOMERS.
Customer acknowledges that it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a "record-keeper" or "record keeping agent" for the Customer.

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13. NO MODIFICATION OR AMENDMENT UNLESS WRITTEN.
These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend shall be null and void.

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14. SEVERABILITY.
In the event any paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

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15. DESTINATION CHARGES IN OCEAN FREIGHT.
All international sea freight shipments may be subjected to destination charges. These charges vary according to port of entry and ocean freight carrier. These charges ARE NOT included in ocean freight rate, unless specified. Destination charges can be assessed on/after the day of entry of your shipped goods to the port of destination.

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16. SENDING WOOD AND PALLETS OVERSEAS.
It is the Customer’s responsibility to ensure they are using ISPM15 treated lumber when packaging or palletizing goods on or in wood. Pallets must be treated and pricing for a full pallet refers to a standard size pallet (48” x 40” x 48”) shrink-wrapped and going to the same port. Packaging that does not comply with these standards may incur additional charges.

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17. TRANSIT TIME.
While the USAtoAUS.com Network works diligently to ensure transit times are as close to actuality as possible, Company does not control all factors in the delivery of goods and CANNOT guarantee arrival dates. Generally, transit times given are reliable.

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18. RELIANCE ON INFORMATION FURNISHED.
In preparing and submitting importer security filings, Customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness and completeness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the correctness and completeness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of any incorrect, incomplete or false statement upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to submit an importer security filing, import, export or enter the goods. Customer is responsible for any fees applied due to incomplete/incorrect information provided by Customer.

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19. ENTIRE AGREEMENT.
This Contract, together with any attachments, exhibits, supplements or other terms of Customer specifically referenced in this Contract, constitutes the entire agreement between Company and Customer with respect to the matters contained in this Contract and supersedes all prior oral or written representations and agreements. This Contract may only be modified by a written Contract Amendment issued by Customer. Notwithstanding anything to the contrary contained herein, Customer explicitly reserves, and this Contract will not constitute a waiver or release of, any rights and claims against Company arising out of, or relating to, any fraud or duress in connection with the formation of this Contract or any breach or anticipatory breach of any previously existing Contract between Customer and Company (whether or not such previously existing Contract related to the same or similar goods or subject matter as this Contract). All payments by Customer to Company under this Contract are without prejudice to Customer’s claims, rights, or remedies.

These Service Terms and Conditions may be modified by Company at any time, and from time to time. Company will notify you by posting notice at http://www.shiptoaus.com/tos.html. Subject to the foregoing, these service terms and conditions may only be modified, altered or amended in writing signed by both Customer and Company.

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20. NO ADVERTISIING.
Customer will not, in any manner, advertise or publish that Company has Contracted to furnish Customer the services covered by this Contract or use any trademarks, copyrights or trade names of Company in Customer’s advertising or promotional materials unless Company consents in writing.

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21. QUESTIONS.
If you have further questions that were not addressed in the above Contract or require clarification, please contact USAtoAUS.com using their online web form or via email, marketing@SHIPtoAUS.com

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