Terms and Conditions

1. Introduction

These Terms and Conditions govern the services provided by MY AUSTRALIA TRADING PTY LTD ABN 35 648 885 750 ("Company", "we", "our").

By engaging our services, requesting quotations, or placing an order, the Client agrees to be bound by these Terms.

Nothing in these Terms excludes rights granted under Australian Consumer Law.

2. Definitions

Client means any individual or entity engaging the Company's services.

Goods means any products purchased, sourced, handled, consolidated, or shipped on behalf of the Client.

Services means sourcing, purchasing, logistics coordination, consolidation, and shipment arrangement services.

3. Nature of Services

3.1 The Company acts as a sourcing and logistics intermediary between suppliers and Clients.

3.2 The Company may:

• Source and procure goods from suppliers.
• Purchase goods on behalf of clients.
• Receive goods at its premises.
• Consolidate or repackage shipments.
• Arrange freight through third-party carriers.

3.3 The Company does not manufacture goods and does not guarantee supplier performance unless explicitly stated in writing.

4. Quotations

4.1 All quotations issued by the Company:

• Are valid for 7 days unless otherwise stated.
• Are subject to supplier availability and pricing.
• May change due to currency fluctuations, supplier price changes, or freight adjustments.

4.2 A quotation does not constitute a binding agreement until the order is confirmed by the Company.

5. Orders and Confirmation

An order is considered accepted only when:

• The Client provides written confirmation, and
• The Company confirms acceptance of the order.

The Company reserves the right to cancel or modify orders due to supplier availability or logistical constraints.

6. Pricing

Unless otherwise stated:

• All prices are in Australian Dollars (AUD).
• Prices are exclusive of GST, freight, customs duties and insurance.
• Freight costs may vary depending on carrier surcharges, dimensional weight or fuel adjustments.

7. Payment Terms

• Payment must be received prior to dispatch unless credit terms are agreed in writing.
• Invoices must be paid within 7 days of issue.
• The Company may suspend services or withhold shipments for overdue accounts.

Late payments may incur interest at 8% per annum above the Reserve Bank of Australia cash rate.

8. Delivery and Freight

Delivery dates are estimates only and are not guaranteed.

The Company shall not be liable for delays caused by:

• Supplier production delays
• Shipping carrier disruptions
• Customs inspections
• Port congestion
• Events beyond reasonable control

Risk in the Goods transfers to the Client once the goods are handed to the shipping carrier or freight forwarder.

9. International Shipments

For international shipments the Client is responsible for:

• Import regulations of the destination country
• Customs duties and taxes
• Import permits or licenses
• Compliance with local regulations

The Company shall not be responsible for goods delayed, seized, rejected, or subject to additional charges by customs authorities in the destination country.

9.1 Incoterms

Unless otherwise agreed in writing, all international shipments are conducted under the rules of Incoterms® 2020 published by the International Chamber of Commerce (ICC).

The specific Incoterm applicable to each transaction (for example EXW, CFR, CIF, DAP, or DDP) will be clearly stated on the quotation, invoice, or shipping documentation issued by the Company.

Each Incoterm defines the allocation of costs, responsibilities, and risk between the Company and the Client, including but not limited to freight charges, insurance, customs clearance, import duties, and delivery obligations.

Unless otherwise specified in writing, the default Incoterm shall be EXW (Ex Works – Company premises). Under EXW terms, the Client is responsible for arranging collection of the goods, export procedures, transportation, insurance, import clearance, and payment of all duties and taxes.

If alternative Incoterms are agreed, responsibilities shall generally apply as follows:

• CFR (Cost and Freight) – The Company arranges and pays for sea freight to the named destination port. Risk transfers to the Client once the goods are loaded onto the vessel at the port of shipment. The Client is responsible for insurance, import clearance, duties, and delivery beyond the destination port.
• CIF (Cost, Insurance and Freight) – The Company arranges and pays for sea freight and minimum cargo insurance to the named destination port. Risk transfers to the Client once the goods are loaded onto the vessel at the port of shipment.
• DAP (Delivered At Place) – The Company arranges transport to the agreed destination. The Client remains responsible for import clearance, duties, taxes, and unloading at the destination.
• DDP (Delivered Duty Paid) – Where specifically agreed in writing, the Company arranges transport and import clearance and pays applicable duties and taxes. This term will only apply if expressly stated on the Company’s quotation or invoice.

The Company shall not be liable for additional costs, delays, or penalties resulting from customs inspections, regulatory requirements, or import restrictions in the destination country.

10. Product Information

Product descriptions and specifications are based on supplier information.

The Company does not guarantee packaging, minor specification changes, or manufacturer variations.

11. Insurance

Transit insurance is not included unless specifically requested and agreed in writing.

12. Returns and Refunds

Returns may only be accepted if approved by the Company in writing.

Returns may be accepted where:

• Goods are defective
• Goods materially differ from agreed specifications

Returns will not be accepted for:

• Change of mind
• Shipping delays
• Customs delays or fees
• Supplier packaging variations

Nothing in this clause limits rights under Australian Consumer Law.

13. Limitation of Liability

13.1. All goods supplied by the COMPANY are deemed delivered and accepted once they have been dispatched to the nominated carrier, freight forwarder, or logistics provider.

13.2. Our sole responsibility is limited strictly to the preparation and shipment of the goods in accordance with the agreed order specifications. Upon collection by the shipping carrier, freight forwarder, or logistics provider, all risk, loss, damage, delay, or liability transfers to the purchaser.

13.3. The COMPANY shall not be held liable for:

• Loss or damage occurring during transit
• Shipping delays or customs clearance delays
• Import duties, taxes, or regulatory issues in the destination country
• Mishandling by carriers, freight forwarders, or third parties
• Any consequential, indirect, or incidental damages arising after dispatch

14. Prohibited Goods

The Client must not request shipment of illegal, dangerous, or restricted goods.

15. Storage

The Company may charge storage fees for goods held beyond agreed storage periods.

16. Force Majeure

The Company shall not be liable for failure to perform obligations where such failure results from events beyond reasonable control including:

• Natural disasters
• Pandemics
• War or government actions
• Shipping disruptions
• Industrial disputes

17. Intellectual Property

All trademarks, logos, and website content remain the property of their respective owners.

18. Governing Law

These Terms are governed by the laws of Queensland, Australia.

19. Dispute Resolution

The parties agree to attempt good faith negotiations before initiating legal proceedings.

If unresolved, disputes may be referred to mediation in Australia before court proceedings.

20. Amendments

The Company reserves the right to update these Terms at any time. Updated versions will be published on the Company website.