Version: 2.0.1
Effective date: 04/07/2026
Company: IQ Logistics Pty Ltd ABN/ACN 39 158 387 869 / 158 387 869
Trading as: IQ Logistics
Website: iqlogistics.com.au
These Customer Trading Terms and Conditions govern the commercial freight and logistics relationship between IQ Logistics and the Customer.
These terms are separate from any portal access terms, website terms, privacy policy or freight provider terms.
1. Purpose and scope
- These Customer Trading Terms and Conditions apply whenever a Customer requests, accepts, books, uses, receives or pays for Services provided, arranged, managed or procured by IQ Logistics.
- These terms govern the commercial freight and logistics relationship between IQ Logistics and the Customer.
- These terms are separate from any portal access terms, website terms, privacy policy or freight provider terms.
- The Customer agrees to these terms by any of the following:
- signing or electronically accepting these terms;
- requesting a quote;
- accepting a quote;
- confirming a booking;
- instructing IQ to arrange or perform Services;
- providing Goods for collection, transport, handling, storage or delivery;
- using IQ’s Services; or
- continuing to use IQ’s Services after being notified of an updated version of these terms.
- These terms apply to each quote, booking, consignment, freight movement, storage request, container task, forwarding task, delivery, collection and related service unless IQ and the Customer expressly agree otherwise in writing.
2. Definitions
In these terms:
Booking means a freight movement, quote conversion, job, leg, consignment, order, service request, collection, delivery, transport task, storage task, container task, forwarding task or related instruction accepted by IQ.
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Chain of Responsibility or CoR means obligations under the Heavy Vehicle National Law and any related legislation, regulations, standards, codes, guidance or equivalent obligations applying to road transport activities.
Charges means all freight, transport, logistics, storage, handling, cancellation, waiting time, detention, demurrage, redelivery, futile pickup, accessorial, administrative, customs-related, depot, container, documentation, surcharge and other amounts payable for the Services.
Collection Costs means all reasonable costs, charges, expenses and disbursements incurred by IQ in connection with late payment, non-payment, debt recovery, enforcement, collection activity, credit management, account suspension, legal recovery, lien enforcement, PPSA enforcement, storage, sale or disposal of Goods, including internal administration costs, debt collection agency fees, mercantile agent fees, solicitor fees, court fees, filing fees, process server fees, search fees, investigation fees, PPSR fees, bank dishonour fees, enforcement costs and any other related recovery costs, to the extent permitted by law.
Company, IQ, we, us or our means IQ Logistics Pty Ltd and its related entities, officers, employees, contractors and authorised representatives.
Customer, you or your means the person or entity requesting, accepting, booking, paying for, receiving or otherwise using the Services, including any authorised representative, consignor, consignee, sender, receiver, owner or person with an interest in the Goods.
Dangerous Goods means goods classified or regulated as dangerous goods, hazardous goods, hazardous substances, controlled substances, or equivalent under applicable law, including under the Australian Dangerous Goods Code and any applicable State, Territory or Commonwealth law.
Goods means any freight, cargo, containers, pallets, packaging, documents, equipment, machinery, materials or other items handled, stored, collected, transported, forwarded or delivered in connection with the Services.
Provider means any carrier, transport operator, driver, depot, warehouse, subcontractor, freight forwarder, customs-related service provider, container packer or unpacker, or other supplier engaged by IQ to perform or assist with the Services.
Services means all freight, transport, logistics, collection, delivery, storage, warehousing, container, depot, packing, unpacking, handling, forwarding, customs-related where expressly agreed, documentation, coordination and ancillary services provided, arranged, managed or procured by IQ.
3. IQ’s role
- IQ may provide Services as principal, agent, broker, freight manager, logistics coordinator, freight forwarder or intermediary depending on the nature of the Booking.
- IQ may engage Providers to perform all or part of the Services.
- The Customer authorises IQ to arrange, subcontract, coordinate, vary, consolidate, route, store, handle, transfer or otherwise manage Goods as reasonably necessary to perform the Services.
- IQ is not a common carrier and does not accept liability as a common carrier.
- IQ may refuse to quote, accept, collect, transport, store, handle or deliver Goods at its reasonable discretion, including where IQ considers there is a safety, legal, compliance, payment, operational, reputational, insurance or customer-service risk.
4. Quotes and estimates
- A quote is based on information supplied by the Customer and any assumptions stated by IQ.
- Unless stated otherwise, a quote is valid only for the period stated in the quote. If no expiry is stated, the quote is valid for immediate acceptance only.
- A quote may be withdrawn or revised before acceptance.
- IQ may revise Charges after acceptance if:
- the Customer provides incorrect, incomplete or misleading information;
- the Goods differ from the quoted Goods;
- weight, dimensions, cubic, pallet spaces, loading metres, equipment requirements, site requirements or timing differ from the quote;
- special handling, storage, redelivery, waiting time, detention, demurrage, permits, escorts, tolls or other additional services are required;
- the Customer changes the Booking;
- laws, fuel costs, tolls, port charges, depot charges, authority charges, carrier charges or other third-party charges change; or
- circumstances arise that were not reasonably known to IQ at the time of quoting.
- The Customer must check the quote carefully before acceptance, including:
- pickup and delivery details;
- dates and times;
- Goods description;
- weight and dimensions;
- equipment type;
- service level;
- dangerous goods or special freight status;
- access requirements;
- price and exclusions; and
- any special conditions.
5. Booking acceptance and authority
- A Booking is accepted when IQ confirms the Booking or begins arranging the Services.
- A person who requests, accepts or confirms a Booking on behalf of the Customer warrants that they have authority to bind the Customer.
- IQ may rely on instructions received from the Customer’s employees, contractors, account contacts, site contacts, consignors, consignees, agents or other persons who appear to have authority in connection with the Booking.
- The Customer is responsible for ensuring all Booking information is accurate, complete and current.
- IQ is not responsible for loss, delay, failed delivery, additional Charges or claim issues caused by incorrect, incomplete, late or misleading information supplied by or on behalf of the Customer.
6. Customer warranties
The Customer warrants that:
- it has authority to deal with the Goods and instruct IQ in relation to the Goods;
- the Goods are accurately described;
- all weights, dimensions, quantities, pallet spaces, loading metres and handling requirements are accurate;
- the Goods are properly packed, protected, labelled and prepared for transport, storage, handling and delivery;
- the Goods can be safely and lawfully transported, handled, stored and delivered;
- all pickup and delivery sites are safe and suitable for the requested Services;
- all required loading and unloading facilities, equipment, access, personnel and permissions will be available;
- all required documents, declarations, permits, authorities and instructions will be provided before Services are performed;
- the Customer will not give unsafe, unlawful or unreasonable instructions;
- the Customer will comply with all applicable laws, including Chain of Responsibility obligations where applicable; and
- all information supplied to IQ is accurate, complete and not misleading.
7. Chain of Responsibility and safety
- The Customer must comply with all Chain of Responsibility obligations that apply to it.
- The Customer must not require, request, encourage or pressure IQ, a Provider, driver or other person to do anything unsafe or unlawful.
- The Customer must ensure, so far as reasonably practicable, that its transport-related activities are safe.
- The Customer must not provide or require:
- unsafe loading or unloading practices;
- unsafe or unlawful schedules;
- unrealistic delivery windows;
- incorrect weights or dimensions;
- overloaded or incorrectly restrained Goods;
- unsuitable loading or unloading facilities;
- unsafe site access;
- instructions that may cause speeding, fatigue, mass, dimension, load restraint or route breaches; or
- any instruction that may create a safety risk.
- The Customer must promptly notify IQ of any site hazard, access restriction, loading issue, unloading issue, weight issue, dangerous goods issue, route issue, timing risk or other matter that may affect safety or legal compliance.
- IQ or a Provider may refuse, suspend or stop Services if they reasonably consider the Services may be unsafe, unlawful, impractical or non-compliant.
- The Customer is responsible for additional Charges, delay, storage, redelivery, futile pickup or other costs caused by unsafe or unsuitable site conditions, incorrect information, unlawful instructions, unavailable loading or unloading facilities, or Customer-side non-compliance.
8. Goods, packing and labelling
- The Customer must ensure Goods are properly packed, secured, labelled, marked and documented for the nature of the Goods and the Services.
- IQ is not responsible for loss or damage caused or contributed to by:
- inadequate packing;
- insufficient protection;
- poor palletisation;
- unstable loads;
- incorrect labelling;
- incorrect markings;
- inherent vice or nature of the Goods;
- Goods unsuitable for normal transport or handling;
- incorrect temperature requirements;
- pre-existing damage; or
- failure to provide required handling instructions.
- IQ or a Provider may refuse to collect, transport, handle or store Goods that appear unsafe, inadequately packed, incorrectly described, damaged, leaking, unstable, hazardous, contaminated, overmass, oversized or otherwise unsuitable.
9. Dangerous goods and special freight
- The Customer must not provide Dangerous Goods unless:
- the Customer has fully disclosed the Dangerous Goods in writing before quote acceptance or Booking confirmation;
- IQ has accepted the Dangerous Goods in writing;
- all required documentation, declarations, SDS, emergency information, classification details, UN numbers, packing groups, placarding information, segregation information and handling requirements have been supplied;
- the Goods are packed, labelled, marked and documented in accordance with applicable law; and
- all additional Charges and special conditions have been agreed.
- The Customer is responsible for all loss, damage, delay, cost, fine, penalty, claim, clean-up cost, storage cost, disposal cost or regulatory action caused or contributed to by undeclared, misdeclared, incorrectly packed, incorrectly documented or unlawful Dangerous Goods.
- IQ may refuse, isolate, return, store, dispose of or take other lawful action in relation to Goods that IQ or a Provider reasonably considers dangerous, hazardous, contaminated, unstable, unlawful, perishable, leaking, offensive, unsafe or likely to cause loss or damage.
- The Customer must not provide temperature-controlled, perishable, high-value, fragile, oversized, overmass, livestock, food-grade, pharmaceutical, containerised, customs-controlled, bonded, biosecurity-controlled or otherwise special freight unless IQ has accepted the relevant requirement in writing.
- The Customer must notify IQ before quote acceptance if Goods require:
- temperature control;
- hygiene controls;
- food-grade equipment;
- dangerous goods handling;
- high-value handling;
- special permits;
- escorts;
- cranes, forklifts or special equipment;
- container handling;
- customs or biosecurity handling;
- time-critical delivery; or
- any other special handling.
10. Collection, delivery and site access
- The Customer must ensure pickup and delivery locations are safe, accessible and suitable for the vehicle, equipment and Services required.
- The Customer is responsible for providing or arranging all equipment and personnel required for loading and unloading unless IQ has expressly agreed otherwise.
- The Customer must ensure site contacts are available and authorised to give operational instructions.
- The Customer is responsible for any delay, waiting time, futile pickup, redelivery, storage, detention or additional Charges caused by:
- site access issues;
- unavailable contacts;
- unavailable loading or unloading equipment;
- incorrect address details;
- restricted access;
- site inductions or delays;
- refused delivery;
- receiver unavailable;
- unsafe site conditions;
- incorrect paperwork; or
- any other Customer, consignor, consignee or site issue.
- IQ or a Provider may deliver Goods to the address, site, person, location or delivery point nominated by the Customer.
- If the delivery location is unattended, access is restricted, the receiver is unavailable, or delivery cannot reasonably be completed, IQ may, acting reasonably:
- leave the Goods where authorised or reasonably directed;
- obtain photographic or electronic proof of delivery;
- return the Goods;
- store the Goods;
- arrange redelivery; or
- take other reasonable steps to protect the Goods and complete or manage the Booking.
- Additional Charges may apply for redelivery, storage, failed delivery, waiting time, detention, handling or return.
11. Proof of delivery and completion
- Proof of delivery may include a signature, name, electronic confirmation, photo, timestamp, GPS record, delivery docket, consignment note, site confirmation, portal upload, email confirmation or other evidence reasonably accepted by IQ.
- Goods may be treated as delivered when they are delivered to the nominated address, nominated person, site contact, receiving area, unattended delivery point, carrier depot, warehouse, storage location or other location reasonably authorised by the Customer or required by the Booking.
- The Customer must notify IQ promptly if delivery evidence is disputed.
- A delivery dispute does not automatically suspend payment of valid freight or service Charges.
12. Containers, import/export, customs, biosecurity and forwarding services
- Where Services involve containers, wharf, rail, depot, import/export, customs-related handling, biosecurity, quarantine, storage, forwarding, packing or unpacking, the Customer must provide all information and documents required by IQ, Providers, authorities, ports, terminals, depots and regulators.
- The Customer is responsible for the accuracy and completeness of:
- commercial invoices;
- packing lists;
- container numbers;
- seal numbers;
- verified gross mass information;
- customs information;
- biosecurity information;
- permits;
- certificates;
- declarations;
- authority instructions; and
- any other information required for the Services.
- IQ does not provide licensed customs broking services unless expressly agreed in writing and only where IQ or its appointed provider holds all required licences and authorities.
- The Customer is responsible for duties, taxes, levies, authority charges, port charges, terminal charges, storage, demurrage, detention, container charges, inspection charges, quarantine charges, customs charges, biosecurity charges and related costs unless IQ expressly agrees otherwise.
- IQ is not responsible for delay, cost, loss or damage caused by customs, biosecurity, port, terminal, depot, rail, shipping line, authority or regulatory action, except to the extent caused by IQ’s breach, negligence or unlawful act.
- The Customer must immediately notify IQ of any known issue relating to container condition, seal discrepancy, customs hold, biosecurity hold, authority direction, damaged goods, missing goods, incorrect documents or regulatory concern.
13. Warehousing, storage and abandoned goods
- IQ may arrange storage or warehousing where required for the Services or where collection, delivery or forwarding cannot reasonably proceed.
- Storage and warehousing may be provided by IQ or a Provider.
- Storage Charges, handling Charges, redelivery Charges and other related Charges may apply.
- Goods are stored at the Customer’s risk except to the extent loss or damage is caused by IQ’s breach, negligence or unlawful act.
- The Customer must ensure Goods are suitable for storage and that any special storage requirements are disclosed in writing before storage.
- IQ may require the Customer to collect Goods or provide further instructions if Goods remain undelivered, uncollected, unpaid, refused, abandoned or unable to be forwarded.
- If Goods remain uncollected or unpaid for an unreasonable period after notice, IQ may, subject to applicable law, continue storage, return the Goods, dispose of the Goods, or sell the Goods and apply proceeds to outstanding Charges, Collection Costs and costs of storage, sale or disposal.
- If sale or disposal proceeds are insufficient to cover amounts owed to IQ, the Customer remains liable for the shortfall.
14. Customer changes, cancellation and failed services
- The Customer must notify IQ as soon as possible if it wishes to change or cancel a Booking.
- IQ may charge cancellation, amendment, futile pickup, waiting time, detention, redelivery, storage, handling, demurrage or other Charges where:
- a Booking is cancelled after IQ or a Provider has started arranging the Services;
- a Provider has been allocated;
- a vehicle, driver, equipment, depot, warehouse or other resource has been committed;
- the driver is en route or has arrived;
- Goods are unavailable;
- site access is unavailable;
- the receiver refuses delivery;
- the Customer changes the scope, address, timing, Goods or instructions; or
- IQ or a Provider incurs cost or loses capacity because of the cancellation or change.
- IQ will act reasonably when applying cancellation or failed-service Charges.
- If IQ determines that no Customer Charges should apply for a cancellation, IQ may record the Booking as cancelled with no charge.
- If Charges apply, IQ may record the Booking as cancelled with charges applying.
15. Charges, invoices and payment
- The Customer must pay all valid and undisputed Charges in accordance with these terms.
- Unless IQ agrees otherwise in writing, Charges are payable by the due date stated on the invoice.
- If no due date is stated, Charges are payable within seven days of invoice date.
- IQ may invoice at any stage, including after quote acceptance, Booking confirmation, collection, dispatch, delivery, completion, cancellation, storage, redelivery or receipt of Provider charges.
- Charges are earned when the relevant Services are arranged, commenced, performed, completed, cancelled with charges applying or otherwise incurred, depending on the nature of the Charge.
- The Customer must pay GST and any applicable taxes, duties, levies or authority charges.
- The Customer must notify IQ promptly if it disputes an invoice.
- The Customer may dispute an invoice in good faith to the extent the dispute concerns:
- an invoice error;
- duplicate charge;
- incorrect agreed rate;
- unauthorised additional charge;
- calculation error; or
- service that was not performed.
- The Customer must pay any undisputed portion of an invoice when due.
- If the Customer fails to pay any amount when due, the Customer must pay IQ all Collection Costs incurred by IQ in connection with the late payment, non-payment, collection, recovery or enforcement of that amount, to the extent permitted by law.
- Collection Costs are payable by the Customer as a debt due to IQ and may be added to the Customer’s account or invoiced separately.
- Collection Costs may include costs incurred before, during and after formal legal proceedings, including costs incurred in attempting to resolve the matter without proceedings.
- The Customer must also pay IQ any bank dishonour fees, payment reversal fees, merchant chargeback fees, administrative charges, storage charges, lien enforcement costs, PPSA enforcement costs, sale or disposal costs, and other costs incurred because of non-payment or delayed payment.
- IQ may charge interest on overdue amounts at a rate of 5% per annum, calculated daily from the due date until payment is received in cleared funds, or such other rate as IQ may notify and which is permitted by law.
- Payment of Collection Costs does not limit IQ’s other rights, including the right to suspend Services, withdraw credit, require payment upfront, exercise lien or security rights, recover Goods-related costs, commence legal proceedings or recover damages.
- The Customer remains liable for Collection Costs even if IQ accepts a payment arrangement, grants further time to pay, suspends collection activity or accepts partial payment.
- IQ may suspend credit, refuse further Services, require payment upfront, withdraw account privileges or place the Customer’s account on hold if amounts are overdue.
16. Claims do not suspend payment of freight charges
- Freight, transport, storage, handling, cancellation, waiting time, detention, demurrage, redelivery and other valid service Charges are payable separately from any claim concerning Goods.
- A claim for loss, damage, delay, shortage, contamination, temperature excursion, misdelivery or other issue concerning Goods does not of itself suspend the Customer’s obligation to pay valid and undisputed Charges for the relevant Booking.
- Claims concerning Goods will be assessed separately under these terms, applicable law, applicable insurance arrangements, carrier liability processes, Provider claim processes and any claim procedure notified by IQ.
- Payment of an invoice does not prevent the Customer from making a genuine claim.
- Payment of an invoice does not by itself waive a genuine claim concerning Goods.
- The Customer acknowledges that claims may involve one or more of:
- carrier liability processes;
- goods-in-transit insurance;
- marine cargo insurance;
- customer insurance;
- third-party insurance;
- excesses;
- exclusions;
- claim assessment requirements;
- salvage or inspection requirements; and
- evidence from IQ, the Customer, Providers, insurers, assessors or other parties.
- The Customer must cooperate with IQ and any insurer, carrier, Provider, assessor or claims handler in relation to a claim.
- The Customer must not withhold payment of valid freight or service Charges merely because a claim has been made or may be made.
17. Claims notification and evidence
- The Customer must notify IQ in writing as soon as possible after becoming aware of any loss, damage, shortage, delay, contamination, temperature issue, misdelivery or other claim.
- The Customer must provide reasonable evidence supporting the claim, including where available:
- Booking reference;
- photographs;
- proof of delivery;
- delivery docket;
- consignment note;
- invoice for Goods;
- repair or replacement estimate;
- description of damage or loss;
- packaging photographs;
- unpacking photographs;
- temperature records;
- site records;
- witness details;
- insurance details; and
- any other evidence reasonably requested by IQ.
- The Customer must preserve Goods, packaging, pallets, seals, containers and evidence for inspection where reasonably required.
- The Customer must not dispose of, repair, alter, move or destroy damaged Goods or packaging where doing so may prejudice a claim, unless necessary for safety, legal compliance or loss mitigation.
- IQ may reject or limit a claim to the extent the Customer fails to provide timely notice, evidence, access for inspection or required cooperation and that failure prejudices assessment or recovery.
18. Insurance and value of Goods
- IQ is not an insurer of Goods.
- The Customer is responsible for arranging insurance for Goods unless IQ expressly agrees in writing to arrange insurance or insurance-related services.
- Any insurance arranged through or with assistance from IQ is subject to the terms, exclusions, limits, excesses and claim requirements of the relevant insurer or policy.
- The Customer must notify IQ before Booking acceptance if Goods are high value, fragile, unusual, irreplaceable, time-sensitive, temperature-sensitive, dangerous, perishable or otherwise require special insurance or handling.
- Unless IQ expressly accepts a declared value and any applicable insurance or special handling arrangement in writing, IQ may assume that the Goods do not require special value-based handling.
19. Liability and limitation
- Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.
- To the extent permitted by law, IQ is not liable for loss, damage, delay, shortage, misdelivery, contamination, temperature issue, cost, claim or expense caused or contributed to by:
- the Customer’s breach of these terms;
- incorrect, incomplete, late or misleading information supplied by the Customer;
- inadequate packing, labelling or preparation of Goods;
- inherent vice or nature of the Goods;
- unsafe or unsuitable site conditions;
- Customer, consignor, consignee or receiver delay or conduct;
- undeclared or misdeclared Dangerous Goods or special freight;
- authority, port, terminal, depot, customs, biosecurity or regulatory action;
- weather, road closure, accident, breakdown, industrial action, emergency or event beyond IQ’s reasonable control;
- acts or omissions of third parties, except to the extent IQ is legally responsible for them; or
- the Customer’s failure to mitigate loss or preserve evidence.
- To the extent IQ is liable and the law permits limitation, IQ’s liability is limited to one or more of the following, as IQ reasonably determines:
- resupplying the Services;
- paying the cost of resupplying the Services;
- refunding the Charges paid for the affected Services; or
- another remedy required by applicable law.
- IQ is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of opportunity, loss of contract, production delay, business interruption, reputational loss or downstream loss, except to the extent such liability cannot lawfully be excluded.
- The Customer acknowledges that freight Charges are calculated on the basis that IQ is not an insurer of Goods and that the Customer should arrange appropriate cargo insurance where required.
20. Customer indemnity
- The Customer indemnifies IQ against loss, damage, cost, liability, claim, fine, penalty or expense suffered or incurred by IQ to the extent caused or contributed to by:
- the Customer’s breach of these terms;
- incorrect, incomplete or misleading information supplied by or on behalf of the Customer;
- unsafe or unsuitable pickup, delivery, loading or unloading conditions;
- inadequate packing, labelling, documentation or preparation of Goods;
- undeclared, misdeclared or unlawful Dangerous Goods or special freight;
- Customer, consignor, consignee, receiver or site conduct;
- the Customer’s breach of CoR, safety, customs, biosecurity, dangerous goods, privacy or other legal obligations;
- third-party claims arising from the Customer’s Goods or instructions;
- any duties, taxes, charges, fines, penalties, storage, detention, demurrage or authority charges relating to the Goods; or
- the Customer’s failure to provide documents, evidence or cooperation required for the Services.
- The Customer is not liable under this indemnity to the extent the loss is caused by IQ’s negligence, unlawful act, wilful misconduct or breach of these terms.
21. Lien, security and unpaid Charges
- To the extent permitted by law, IQ has a lien over Goods, documents and related items in its possession or control for unpaid Charges, Collection Costs and any other amounts owed by the Customer to IQ.
- IQ may retain Goods until all outstanding Charges, Collection Costs and related amounts are paid in full or satisfactory payment arrangements are made.
- If amounts remain unpaid after reasonable notice, IQ may, subject to applicable law:
- continue to hold the Goods;
- store the Goods at the Customer’s risk and cost;
- move the Goods to another storage location;
- return the Goods;
- sell or dispose of the Goods;
- apply sale proceeds to unpaid Charges, Collection Costs, storage costs, sale costs, disposal costs and other amounts owed to IQ; and
- recover any shortfall from the Customer.
- The Customer is responsible for all costs incurred by IQ in exercising or attempting to exercise rights under this clause, including storage, handling, transport, valuation, auction, sale, disposal, legal, enforcement and administrative costs.
- The Customer grants IQ any security interest reasonably necessary to support IQ’s rights under these terms.
- The Customer must do anything reasonably required by IQ to register, protect, enforce or release any security interest, including under the Personal Property Securities Act 2009.
- IQ’s rights under this clause are in addition to, and do not limit, IQ’s rights to recover Collection Costs, interest, damages, unpaid Charges or any other amount owed by the Customer.
- This clause should be read subject to any rights or protections that cannot lawfully be excluded.
22. Privacy and operational information
- IQ handles personal information in accordance with its Privacy Policy.
- The Customer authorises IQ to collect, use and disclose information reasonably required to quote, book, arrange, perform, manage, track, document, invoice, audit and resolve claims in relation to the Services.
- This may include disclosure to carriers, Providers, depots, warehouses, insurers, loss adjusters, claims handlers, payment providers, professional advisers, technology providers, regulators, authorities, consignors, consignees and site contacts where reasonably required for the Services.
- The Customer warrants that it has authority to provide personal information, contact details, site details and delivery information to IQ and that IQ may use and disclose that information for the purposes described in these terms and IQ’s Privacy Policy.
- The Customer must ensure contact, delivery, site and billing information provided to IQ is accurate and current.
23. Electronic communications and records
- IQ may use electronic systems, email, SMS, forms, digital signatures, portals, transport management systems, document uploads and other tools to manage quotes, Bookings, acceptances, instructions, documents, proof of delivery, invoices and claims.
- Electronic acceptance, email confirmation, checkbox, button press, digital signature, portal action, uploaded document, text message, recorded acceptance or continued instruction may be relied on as evidence of the Customer’s instructions and acceptance.
- Use of an IQ portal or system may be subject to separate portal access terms.
- The Customer must ensure information submitted electronically is accurate, complete and submitted by an authorised person.
24. Confidentiality and non-circumvention
- The Customer must keep confidential any non-public information received from IQ, including rates, Provider details, carrier arrangements, operational procedures, system information and commercial arrangements.
- The Customer must not use confidential IQ information to bypass IQ or directly engage a Provider introduced by IQ for the same or substantially similar work, except with IQ’s written consent.
- This clause does not prevent the Customer from dealing with a provider where the Customer can demonstrate an existing independent relationship that was not introduced, developed or materially expanded through IQ.
- This clause continues after Services end.
25. Force majeure and events beyond control
- IQ is not liable for delay, non-performance, additional cost or failure caused or contributed to by events beyond IQ’s reasonable control.
- Such events may include weather, flood, fire, road closure, accident, breakdown, port congestion, terminal delay, industrial action, labour shortage, fuel shortage, pandemic, government direction, regulator action, customs or biosecurity hold, cyber incident, system outage, war, terrorism, civil unrest or other events beyond reasonable control.
- IQ will use reasonable efforts to manage the impact of such events where practicable.
- Additional Charges may apply where such events cause storage, detention, demurrage, redelivery, waiting time, rerouting, handling or other costs.
26. Suspension and credit hold
- IQ may suspend Services, refuse further Bookings, require payment upfront, withdraw credit or place the Customer on credit hold if:
- amounts are overdue;
- the Customer exceeds a credit limit;
- the Customer provides inaccurate or misleading information;
- the Customer breaches these terms;
- IQ reasonably considers there is a payment, safety, compliance, legal, operational or reputational risk;
- the Customer becomes insolvent or appears unable to pay debts; or
- required documents, instructions or approvals are not provided.
- Suspension does not affect rights or obligations that have already accrued.
- The Customer remains liable for all Charges, Collection Costs and other amounts incurred before, during or after suspension where those amounts arise from Bookings, unpaid invoices, recovery activity, storage, lien enforcement or other rights under these terms.
27. Termination
- Either party may stop requesting or providing future Services at any time.
- IQ may immediately suspend or terminate Services if the Customer:
- materially breaches these terms;
- fails to pay amounts when due;
- provides false or misleading information;
- repeatedly causes failed pickups, failed deliveries or unsafe site issues;
- provides undeclared or misdeclared Dangerous Goods;
- breaches confidentiality or non-circumvention obligations;
- becomes insolvent or unable to pay debts; or
- causes or contributes to a serious safety, compliance, legal, Customer, Provider or reputational issue.
- Termination does not affect accrued rights, payment obligations, Collection Costs, claims, indemnities, confidentiality obligations, privacy obligations, lien rights or dispute rights.
28. Dispute resolution
- A party must notify the other party of a dispute and provide reasonable details.
- The parties must first attempt to resolve the dispute in good faith through operational and management-level discussion.
- A party may take urgent legal action without completing this process where necessary to protect Goods, confidential information, safety, payment rights, legal rights or commercial interests.
- This clause does not prevent IQ from suspending Services, placing an account on hold, requiring payment of undisputed amounts, preserving lien or security rights, or taking steps to prevent further loss.
- Nothing in this clause prevents IQ from recovering Collection Costs incurred in relation to overdue, unpaid or undisputed amounts.
29. Notices
- Notices may be given by email, portal message or other written communication to the contact details last provided by the receiving party.
- The Customer must keep its contact, billing, operational and site details current.
- A notice sent by email is deemed received when sent unless the sender receives an automated delivery failure notice.
30. Changes to these terms
- IQ may update these terms from time to time.
- Updated terms apply only to quotes accepted, Bookings confirmed or Services requested after the effective date of the updated terms, unless otherwise agreed.
- IQ will make reasonable efforts to notify the Customer of material updates.
- The Customer may decline future Services if it does not agree to updated terms.
- The Customer’s acceptance of a quote, confirmation of a Booking, instruction to proceed or continued use of Services after the effective date of updated terms is acceptance of those updated terms for that Booking and future Services.
31. Assignment
- The Customer must not assign, novate or transfer its rights or obligations under these terms without IQ’s written consent.
- IQ may assign or novate its rights or obligations to a related entity or successor to its business, provided this does not materially prejudice the Customer’s rights in relation to existing paid Services.
32. Severability
- If any provision of these terms is invalid, unlawful or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in force.
33. Governing law and jurisdiction
- These terms are governed by the laws of Victoria, Australia.
- The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
34. Customer acceptance
By accepting these terms, the Customer confirms that:
- it has authority to accept these terms;
- it has read and understood these terms;
- it accepts these terms as the customer trading terms governing Services requested from IQ Logistics;
- it understands these terms are separate from portal access terms;
- it understands freight and service Charges are payable separately from any Goods claim;
- it will provide accurate freight, site, billing and contact information;
- it will comply with safety, Chain of Responsibility, dangerous goods, documentation and payment obligations;
- it will not request Services unless the Goods can be handled, transported, stored and delivered safely and lawfully; and
- it understands that if amounts are not paid when due, it may be liable for all Collection Costs and all reasonable costs and charges incurred by IQ in collection, recovery and enforcement activity, to the extent permitted by law.
End of Customer Trading Terms and Conditions.