Terms & Conditions

These Terms and Conditions ("Agreement") govern all services provided by Hub of Commerce ("HOC", "we", "us", or "our") to any client, customer, or counterparty ("Client", "you") in connection with freight forwarding, cross-border logistics, warehousing, fulfilment, compliance advisory, and related trade infrastructure services. By engaging HOC, the Client agrees to be bound by this Agreement in its entirety.

Acknowledgement of country

1. Definitions

In this Agreement, unless the context requires otherwise:

"Services" means freight forwarding, cross-border logistics, 3PL warehousing, e-commerce fulfilment, last-mile delivery, marketplace operations support, compliance and documentation advisory, and any ancillary services provided by HOC.
"Goods" means any cargo, shipment, inventory, parcels, or products tendered to HOC for the purpose of storage, handling, or transportation.
"Carrier" means any airline, shipping line, road transport operator, or courier network engaged by HOC as a sub-contractor or partner for the movement of Goods.
"Rate Confirmation" means a written quotation or pricing schedule issued by HOC to the Client confirming agreed rates for specific Services.
"Consignment" means a shipment or batch of Goods accepted by HOC under a single booking or job reference.

2. Nature of Services and Relationship

2.1 Freight Forwarder Status

HOC acts as a freight forwarder and logistics intermediary. In arranging the carriage of Goods, HOC acts as agent for the Client unless expressly agreed otherwise in writing. HOC does not itself carry Goods unless separately contracted as a principal carrier.

2.2 Third-Party Carriers and Service Providers

HOC engages Carriers and third-party logistics providers ("3PLs") to deliver components of the Services. These engagements are subject to the Carrier's own terms and conditions, tariffs, and applicable international conventions. HOC will use reasonable endeavours to select reliable, reputable Carriers but cannot guarantee Carrier performance.

Current carrier partners may include Australia Post, Aramex, CouriersPlease, FedEx, DHL, and other national or international freight providers. HOC reserves the right to change carrier partners at any time without notice, provided the standard of service is maintained.

2.3 Cross-Border Operations

HOC facilitates trade across international borders including the India-Australia corridor as the key focus. Cross-border services involve multiple regulatory jurisdictions. The Client acknowledges that HOC provides operational and compliance support but does not provide licensed legal or customs brokerage advice unless expressly stated.

3. Quotations, Rate Confirmations, and Pricing

3.1 Quotations are Indicative

All quotations and rate estimates provided verbally, electronically, or in writing are indicative only unless confirmed in a signed Rate Confirmation. Quoted rates are subject to change prior to booking confirmation.

3.2 Rate Confirmation is Binding

Once a Rate Confirmation is signed or accepted in writing by both parties, the rates stated therein apply to the specific shipment(s) or service period described. Rates do not apply to subsequent shipments unless expressly extended in a new Rate Confirmation.

3.3 Fuel Surcharge and Fluctuation Adjustment

All rates are subject to applicable fuel surcharges. Fuel surcharges are variable and are calculated based on carrier-published indexes at the time of booking. HOC is not liable for any increases in freight costs attributable to fuel price fluctuations after a quotation is issued but before booking is confirmed.

3.4 Currency and Exchange Rate Risk

Rates quoted in Australian Dollars (AUD) are final for domestic components. Rates involving international freight denominated in foreign currency (USD, EUR, INR, etc.) are subject to exchange rate movement. HOC will notify the Client of any material foreign exchange impact at the time of invoice.

3.5 Additional Charges

The following charges may apply and are not included in base rates unless explicitly stated in the Rate Confirmation:

Customs duties, import taxes, GST, and applicable government levies
Port congestion surcharges and peak season premiums
Dangerous goods surcharges
Re-delivery and failed delivery attempt fees
Storage and demurrage charges beyond agreed free days
Packaging, labelling, and special handling fees
Insurance premiums where arranged separately

4. Booking and Acceptance of Goods

4.1 Booking Confirmation

A booking is considered confirmed when HOC issues a written booking confirmation via email or job reference number.

4.2 Client Obligations on Tender/ Invoice

The Client warrants that at the time of tendering Goods to HOC:

All Goods are accurately described in shipping documents, including correct HS codes, weight, dimensions, and declared value;
The Goods are lawfully imported/exported and comply with all applicable laws in origin, transit, and destination countries;
The Client holds all required export/import licences, permits, and regulatory approvals;
Packaging is adequate to withstand normal handling, storage, and transportation.

4.3 Prohibited and Restricted Goods

HOC will not accept Goods that are prohibited under Australian law, destination country law, or international conventions including but not limited to narcotics, undeclared hazardous materials, counterfeit goods, and items subject to trade sanctions. The Client bears full responsibility for compliance. HOC may reject or detain any Consignment it reasonably suspects is non-compliant and may notify relevant authorities.

5. Delivery, Transit Times, and Delays

5.1 Estimated Transit Times

Any transit times or delivery windows provided by HOC are estimates only and do not constitute a guarantee of delivery by a specific date or time. Actual delivery times depend on Carrier capacity, customs clearance, infrastructure availability, and other factors outside HOC's control.

5.2 Causes of Delay

HOC is not liable for delays in delivery caused by, including but not limited to:

National or state-declared natural disasters, including floods, bushfires, cyclones, earthquakes, and extreme weather events;
Pandemic, epidemic, or public health emergencies;
Carrier operational disruptions, port closures, or industrial action;
Customs examination, quarantine holds, or regulatory intervention;
Public holidays in Australia, India, or transit countries;
Incorrect or incomplete shipping documentation provided by the Client;
Congestion at fulfilment centres or carrier depots;
Power outages, system failures, or cyber incidents affecting carrier networks;
Acts of God or civil unrest.

5.3 Liability for Late Delivery

HOC's liability for delay, where it can be established as being directly caused by HOC's negligence and not any Force Majeure Event or third-party factor, is limited to the freight charges paid for the delayed Consignment. HOC will not be liable for consequential loss, loss of sales, stock-out costs, or penalties imposed on the Client by third parties due to late delivery.

6. Warehousing and Storage

6.1 Receipt and Inbound

HOC will inspect incoming Goods for visible external damage on receipt. Any discrepancy between the packing list and actual Goods received will be recorded and notified to the Client within 2 business days.

6.2 Storage Conditions

Standard warehouse storage is in ambient, covered conditions. HOC does not provide refrigerated or temperature-controlled storage unless expressly agreed in writing. The Client is responsible for specifying any special handling requirements prior to inbound.

6.3 Inventory Accuracy

HOC uses warehouse management systems (WMS) to maintain inventory records. While HOC takes reasonable care to ensure accuracy, minor discrepancies in unit counts may occur due to handling, counting errors, or system latency. HOC will investigate and rectify any reported discrepancy before clearing/ accepting invoices.

6.4 Storage Duration and Abandonment

HOC reserves the right to recover storage costs and, where goods remain unclaimed, to dispose of or sell the Goods at its discretion to offset outstanding charges.

7. Loss, Damage, and Liability

7.1 Limitation of Liability

Subject to clause 7.2, HOC's total aggregate liability to the Client for any claim arising out of or in connection with the Services (whether in contract, tort, statute, or otherwise) is limited to the lesser of:

The amount paid by the Client to HOC for the specific Service giving rise to the claim in the 30-day period preceding the claim; or
Terms in Final Contract

7.2 Exclusion of Consequential Loss

HOC is not liable for indirect, incidental, consequential, special, or punitive damages including but not limited to loss of revenue, loss of profit, loss of market share, loss of customers, or reputational harm, even if advised of the possibility of such loss.

7.3 Claims Process

Any claim for loss, damage, or short delivery must be:

Supported by photographs, a written description, and supporting documentation;
Submitted to accounts@hubofcommerce.com.au with the job reference number.

8. Customs, Compliance, and Documentation

8.1 Client Responsibility for Compliance

The Client bears sole and primary responsibility for ensuring that all Goods comply with applicable import and export laws, including Australian Border Force requirements, DAFF biosecurity regulations, and any destination country import restrictions. HOC provides operational support and may assist with documentation but is not a licensed customs broker.

8.2 ECTA and Preferential Tariffs

HOC may assist clients in understanding and applying preferential tariff rates available under the Australia-India Economic Cooperation and Trade Agreement (ECTA) or other applicable Free Trade Agreements (FTAs). The Client is responsible for verifying eligibility and obtaining necessary certificates of origin. HOC is not liable for any duty shortfall, penalties, or reclassification arising from incorrect tariff claims .

8.3 Document Accuracy

The Client warrants the accuracy of all documentation provided, including commercial invoices, packing lists, bills of lading, certificates of origin, and import/export permits. HOC is not liable for delays, fines, or seizures resulting from errors or omissions in Client-provided documents.

9 Invoicing

HOC will issue invoices on completion of Services or at intervals specified in the applicable Service Agreement. Invoices are payable within agreed days of the invoice.

10. Confidentiality

Both parties agree to keep confidential all non-public business information, pricing, operational data, and commercial terms disclosed by the other party in connection with this Agreement.. Neither party will disclose confidential information to third parties without prior written consent, except as required by law or regulatory authority.

11. Intellectual Property

All technology, systems, platforms, workflows, branding, and operational methodologies used by HOC in delivering Services are the exclusive intellectual property of HOC. The Client is granted no licence to HOC's intellectual property. The Client retains ownership of its own inventory data, brand assets, and business information.

12. Data and Privacy

HOC collects and processes Client data in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). HOC's Privacy Policy, available at www.hubofcommerce.com.au, governs the collection, use, and storage of personal information. The Client consents to HOC sharing necessary operational data with Carriers and third-party service providers for the purposes of delivering the Services.

14. Force Majeure

14.1 Definition

A "Force Majeure Event" means any event or circumstance beyond the reasonable control of HOC that prevents or delays the performance of its obligations, including but not limited to:

Acts of God: floods, earthquakes, bushfires, cyclones, tsunamis, or other natural disasters;
Pandemics, epidemics, or public health emergencies declared by government authorities;
War, terrorism, civil insurrection, or political instability;
Government actions, trade embargoes, sanctions, or regulatory interventions;
Carrier capacity unavailability, port closures, or industrial action;
Extraordinary and sustained fuel price spikes that render operations unviable;
Cyber-attacks, critical infrastructure failures, or widespread utility disruptions;
Any event designated as a national calamity by the Government of Australia, India, or any other relevant jurisdiction.

14.2 Effect

Upon the occurrence of a Force Majeure Event, HOC's obligations under this Agreement are suspended for the duration of the event. HOC will notify the Client as soon as reasonably practicable of the event and its anticipated impact on Services. HOC will not be liable for any loss, cost, or damage suffered by the Client as a result of a Force Majeure Event.

15. Carriers

Carriers are not liable for delayed or undelivered messages.

16. Contact and Notices

All formal notices under this Agreement must be in writing and delivered to:

Hub of Commerce

U1/554 Pacific Highway, Chatswood NSW 2067, Australia

Registered Business Address - U 3 6 Danks Street, Waterloo NSW 2017, Australia

ABN: 15 697 331 668

Email: aradhya.syd@gmail.com

Phone: +61 0470 301 133

Notices sent by email are deemed received on the next business day following transmission.