+61 3 9335 5551
J & L DUPONT PTY LTD A.B.N. 55 006 902 207

All Services (“Services”) performed or to be performed by J & L Dupont Pty Ltd (“JLD”) in respect of any goods (“Goods”) and any contract or arrangement in respect thereof shall incorporate, be governed by, and be subject to the following terms and conditions of trade (“these Terms”) unless otherwise agreed in writing namely:-

  1. The customer (“the Customer”) acknowledges and agrees that:
    1. JLD is not a Common Carrier, and
    2. JLD may refuse to provide the Services or any part thereof at its discretion.
  2. Compliance with Laws, By-Laws: The Customer warrants and agrees that all Goods the subject of any part of the Services will comply with the provisions of every law, by-law, or regulations and the interpretation and implementation thereof (as from time to time applicable) whether relating to the nature, packaging, labelling, scheduling, identifying or condition of the Goods or otherwise.
  3. 3. Agency Appointment, Authority to Delegate, and Appoint Sub-agents: The Customer acknowledges and agrees:
    1. the JLD is and shall be its agent for the purpose of entering into any contract or arrangement with anyone in order to provide any part of the Services, and the Customer agrees to be responsible for all cost and charges payable as a result of any such contract or arrangement; and
    2. that any party with whom JLD so contracts or makes any arrangement, is the Customer’s agent for the same purpose and upon the same terms as in Clause 3(a) hereof; and
    3. that these Terms will operate to the benefit of anyone providing any part of the Services whether as agent or sub-agent of JLD or otherwise and any such person shall be deemed a party to these Terms; and
    4. that these Terms shall also be available to and extend to protect anyone who is or might be vicariously liable for the acts or omissions of anyone referred to in Clause 3(a), (b) or (c) hereof and any such person shall be deemed a party to these Terms (and are referred to herein as “delegates”); and
    5. in addition, that these Terms shall be deemed an offer (which will remain irrevocable until completion of the Services), made to each person involved in any way in the performance of any part of the Services, and be deemed to be communicated to each such person and accepted by them upon the performance by them of any part of the Services, to the effect that in consideration of any such person entering into any contract for, or performing any part of the Services, the Customer will permit any such person to take advantage of these Terms as if it were a party to any contract which includes these Terms or any part of them (if not already a party to them).
  4. Indemnity and Exclusion of Liability: The Customer undertakes and agrees:
    1. that JLD and its delegates will not be liable in any way, and no claim shall be made by the Customer or by any other person who has or may hereafter have any interest in the Services of the Goods, against JLD or its delegates, which imposes or attempts to impose any liability whatsoever in connection with the Services or otherwise and including any claim in tort or contract and whether for trespass, negligence, misfeasance, wilful act or omission, default or otherwise and whether claiming for contingent, on sequential, direct, indirect, special or punitive damages or otherwise; and
    2. without limiting the generality of Clause 4(a) the provision of Clause 4(a) will extend to include any loss, damage, expense, liability or cost whatsoever associated in any way with” (i) any accident or incident involving any Goods or any part of the Services; or (ii) any salvage, recovery or clean-up relating to any accident or incident involving any Goods or any part of the Services; or (iii) any mis-delivery, non-delivery, delay in delivery, damage, concealed damage, deterioration, contamination or evaporation or other diminution in value of any Goods; or (iv) any conduct by any party involved in the provision of any of the Services, whether or not the conduct was within the contemplation of or foreseeable by the Customer, JLD or its delegates or any of them or would constitute a breach of any of these Terms or any contract or arrangement incorporating these terms or any part thereof whether fundamental or otherwise; and
  5. Discretion in Performing Services: The Customer agrees that any method of performing the Services adopted by JLD or its delegates shall remain at the discretion of JLD and/or its delegates and the Customer authorises JLD and/or its delegates and the Customer authorises JLD and/or its delegates to adopt any method considered appropriate notwithstanding any particular method nominated.
  6. Storage, Warehousing and Holding: The Customer authorises JLD and its delegates to store, warehouse or hold any Goods in respect of and/or during the performance or attempted performance of any part of the Services (and whether as Bailee or otherwise), as they in their absolute discretion deem necessary.
  7. Alternative Point of Delivery: The Customer agrees:
    1. that JLD and/or its delegates may deliver the Goods or any part thereof to places other than those specified, as JLD and/or its delegates in their absolute discretion deem appropriate and
    2. any party at any delivery address may accept delivery on behalf of the Customer, and
    3. a signature purporting to accept or acknowledge acceptance of delivery for on behalf of the Customer shall be conclusive evidence of delivery.
  8. Insurance and Risk in Goods: Unless otherwise agreed in writing, the Customer acknowledges and agrees:
    1. that JLD and its delegates have no obligation to insure the Goods; and
    2. that any insurance of the Goods will be the responsibility of the Customer and its cost; and
    3. all JLD charges and accounts reflect the absence of insurance, and would otherwise increase to incorporate the cost of any such insurance.
  9. Recovery Cost etc: The Customer agrees to pay JLD all cost and expenses incurred by JLD and/or its delegates or their solicitors, legal advisers, mercantile agents and any other agent acting on their behalf relating in any way to:
    1. any action instituted or being considered against the Customer whether for debt, possession or disposition of the Goods or otherwise; or
    2. the disposition of any goods pursuant to Clauses 5 or 7 hereof; or
    3. any matter dealt with in these Terms.
  10. Jurisdiction: All contracts made with JLD and/or its delegates shall be deemed to be made in the state of Victoria and the Customer, submits to the jurisdiction of the appropriate Victorian court nearest Melbourne: