Terms of Service
Last Updated: March 21, 2025
Introduction
Welcome to Viking Cargo Logistics. These Terms of Service ("Terms") govern your use of our website (www.vikingcargo.com.au) and the logistics services provided by Viking Cargo Logistics Pty Ltd ("Viking Cargo," "we," "our," or "us").
By accessing our website, requesting a quote, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
We may modify these Terms at any time. Your continued use of our website or services after any changes indicates your acceptance of the modified Terms.
1. Services
Viking Cargo provides freight forwarding, logistics, and related services as described on our website and in service agreements. Our services include but are not limited to:
- Air freight services
- Sea freight services
- Customs clearance
- Warehousing and distribution
- Third-party logistics (3PL) solutions
The specific services provided to you will be outlined in a service agreement or quote. In the event of any inconsistency between these Terms and a service agreement, the service agreement will prevail to the extent of the inconsistency.
Where warehousing services are provided, the Standard Terms & Conditions for Warehousing Services (available on request) will apply and prevail over these general Terms. Clients are required to review and accept those specific terms before using warehousing services.
2. Quotes and Pricing
2.1 Quotes
Quotes provided by Viking Cargo are:
- Valid for the period specified in the quote
- Subject to the information provided by you being accurate and complete
- Subject to availability of space and equipment
- Subject to change if there are changes in exchange rates, fuel prices, carrier rates, or other factors outside our control
2.2 Pricing
Our pricing is based on:
- The nature, weight, and volume of goods
- The origin and destination of shipments
- The mode of transport
- Any special handling requirements
- Current carrier rates and surcharges
Additional charges may apply for services not included in the original quote, such as storage, customs inspections, or special handling requirements.
3. Customer Obligations
3.1 Information Accuracy
You are responsible for providing accurate and complete information regarding:
- The nature, weight, dimensions, and quantity of goods
- Any special handling requirements or hazardous properties
- Delivery addresses and contact information
- Customs documentation and requirements
3.2 Packaging
You are responsible for ensuring that goods are properly packed and labelled for transportation, unless packaging services have been specifically arranged with Viking Cargo.
3.3 Prohibited Items
You must not ship items that are prohibited by law or by carrier regulations. This includes but is not limited to:
- Illegal substances or contraband
- Undeclared dangerous goods
- Firearms, weapons, or explosives without proper authorization
- Perishable items without appropriate arrangements
- Items prohibited for import or export under applicable laws
3.4 Compliance with Laws
You must comply with all applicable laws, regulations, and requirements related to the transportation, import, and export of goods, including customs regulations, trade restrictions, and sanctions.
3.5 Ownership
You represent and warrant that you are the legal owner of the goods or have full authority to act on behalf of the owner. You must notify us if your ownership or authority changes.
4. Payment Terms
4.1 Payment Methods
We accept payment by:
- Credit card
- Electronic funds transfer
- Direct deposit
- Other methods as specified in our invoices
4.2 Payment Terms
Unless otherwise agreed in writing:
- New customers are required to pay in advance
- Established customers with approved credit accounts must pay within their terms
- We reserve the right to require payment in advance for any service
4.3 Late Payments
If you fail to make payment by the due date:
- We may charge interest on overdue amounts at a rate of 7.5% per month
- We may suspend or terminate services
- You will be responsible for all costs incurred in collecting overdue amounts, including legal fees
4.4 Disputes
If you dispute an invoice, you must:
- Notify us in writing within 7 days of receiving the invoice
- Pay the undisputed portion of the invoice by the due date
- Provide details of the dispute and supporting documentation
5. Delivery and Transit Times
5.1 Transit Times
Transit times provided by Viking Cargo are estimates only and are not guaranteed unless expressly stated in writing. Actual transit times may be affected by:
- Customs clearance procedures
- Weather conditions
- Carrier delays
- Port or airport congestion
- Other factors beyond our control
5.2 Delivery
Delivery is deemed to have occurred when:
- Goods are delivered to the address specified in the shipping documentation
- Goods are made available for collection as arranged
- Delivery is attempted but cannot be completed due to circumstances beyond our control
5.3 Failed Delivery
If delivery cannot be completed:
- We will make reasonable efforts to contact you for alternative delivery arrangements
- Additional charges may apply for redelivery or storage
- We may return goods to the sender at your expense if delivery cannot be arranged within a reasonable time
6. Liability and Insurance
6.1 Limitation of Liability
We act as a freight forwarder and agent only, arranging transportation and logistics services on your behalf with third-party carriers, agents, and service providers. To the maximum extent permitted by law, Viking Cargo shall not be liable for any loss, damage, delay, or expense arising from the performance or failure of third-party carriers or service providers.
6.2 Insurance
We strongly recommend that you obtain appropriate insurance coverage for your goods. We can arrange insurance on your behalf if requested, subject to:
- Payment of applicable premiums
- Disclosure of all relevant information about the goods
- Compliance with the terms and conditions of the insurance policy
You are solely responsible for insuring your goods. If you choose not to obtain insurance, you acknowledge and accept full responsibility for any loss or damage, and Viking Cargo Logistics shall not be liable under any circumstances. This includes goods stored in our warehouse facilities, where Viking Cargo accepts no liability for loss or damage due to the nature of storage risks.
7. Claims
Where warehousing services are involved, the claim periods and conditions set out in your warehousing agreement will take precedence over this section.
7.1 Notification of Claims
Claims for loss or damage must be submitted:
- In writing to Viking Cargo
- Within 7 days of delivery for visible damage
- Within 14 days of delivery for non-visible damage
- Within 30 days of the expected delivery date for lost goods
7.2 Claim Documentation
Claims must include:
- Shipping reference numbers
- Description of the loss or damage
- Photographic evidence where applicable
- Commercial invoice or proof of value
- Any other relevant documentation
7.3 Claim Processing
We will:
- Acknowledge receipt of your claim within 2 business days
- Investigate the claim and request additional information if needed
- Provide a response within 30 days of receiving all required documentation
8. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from events beyond their reasonable control, including but not limited to:
- Natural disasters or severe weather events
- Acts of war, terrorism, or civil unrest
- Government actions or restrictions
- Labor disputes or strikes
- Pandemics or public health emergencies
- Major system or infrastructure failures
However, where a carrier offloads cargo due to aircraft or vessel stability, safety, or space considerations, Viking Cargo shall not be liable for any delay, damage, or loss resulting from such offloading. The client shall remain solely responsible for any consequences arising from the cargo offloading, including retrieval of the cargo, associated costs, and any penalties, fees, or charges imposed for environmental impact, cleanup, or regulatory non-compliance.
The affected party shall notify the other party as soon as practicable and make reasonable efforts to mitigate the effects of the force majeure event.
9. Termination
9.1 Termination by Either Party
Either party may terminate services:
- By providing 30 days' written notice to the other party
- Immediately if the other party breaches a material term of these Terms or any service agreement
- Immediately if the other party becomes insolvent, enters administration, or ceases to carry on business
9.2 Consequences of Termination
Upon termination:
- All outstanding invoices become immediately due and payable
- We will complete any services in progress unless otherwise agreed
- You must arrange for the collection or delivery of any goods in our possession
- We may dispose of uncollected goods after providing reasonable notice
- In accordance with applicable warehouse lien laws, we may sell or dispose of uncollected goods to recover unpaid charges after providing notice as required by law.
10. Intellectual Property
All intellectual property rights in our website, documentation, systems, and processes remain the property of Viking Cargo or our licensors. You may not:
- Copy, reproduce, or distribute any content from our website without our permission
- Use our trademarks, logos, or brand elements without authorisation
- Modify, adapt, or create derivative works based on our intellectual property
- Reverse engineer or attempt to extract the source code of our software or systems
11. Confidentiality
Each party agrees to:
- Keep confidential all information designated as confidential or that would reasonably be considered confidential
- Use confidential information only for the purpose of providing or receiving services
- Protect confidential information with the same degree of care used for their own confidential information
- Return or destroy confidential information upon request or termination of services
These obligations do not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was known to the receiving party before disclosure
- Is independently developed by the receiving party
- Is required to be disclosed by law or court order
12. Privacy
We collect, use, and disclose personal information in accordance with our Privacy Policy, which is available on our website. By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
13.2 Dispute Resolution
If a dispute arises in connection with these Terms or our services:
- The parties will first attempt to resolve the dispute through good faith negotiations
- If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation
- If the dispute cannot be resolved through mediation within 60 days, either party may commence legal proceedings
Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief.
14. General Provisions
14.1 Entire Agreement
These Terms, together with any service agreement, quote, or other written agreement between the parties, constitute the entire agreement between the parties and supersede all prior communications, negotiations, arrangements, and agreements.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
14.3 No Waiver
No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right.
14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to any affiliate, successor, or purchaser of our business or assets.
14.5 Notices
Notices under these Terms must be in writing and sent to the address specified in the service agreement or to our registered office. Notices may be delivered by hand, mail, email, or other electronic means.
14.6 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party has authority to bind the other party or represent that it has such authority.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Viking Cargo Logistics Pty Ltd
16-18 Sedgwick Street
Smeaton Grange NSW 2567
Australia
Email: info@vikingcargo.com.au
Phone: +61 2 9603 5002
Have Questions About Our Terms?
Contact our team today to discuss any concerns or inquiries regarding our terms of service.