Terms & Conditions
Storage Charges
Storage Periods run from Monday to Sunday.
Storage is charged weekly in advance. Any pallet that is received in to the cold store is charged for a week’s storage in that billing period. For example, if a pallet is brought in to storage on the Monday, and removed on the Tuesday, a full weeks storage rate still applies to that pallet.
The sliding scale of storage is based on the total pallets of that type that are in storage for that given week. For example, if you had 10 pallets in stock one week, and the following week only 4 pallets, the 4 pallets would be charged at the 1-4 Pallet Rate.
Bonded Storage requires APF and the Client to complete specific administration requirements prior to the storage being “underbond”. If you wish to store “underbond” products your CMP needs to be amended to include APF in “The Schedule” as storage locations. Contact APF for assistance.
All pallets in storage must be stored on CHEP/LOSCAM pallets. Individual exemptions may be made on a case by case basis. If pallets are non-compliant, a handling fee to re-stack the pallet will apply.
Max pallet dimensions are strictly 1.2m x 1.2m x 1.2m (LxWxH) or 1000 Kgs. Re-palletising, shrink wrapping and additional pallet(s) storage will be charged if dimensions fall outside of this.
Freezing
APF Offers Stand Freezing. If products are required to be stored at frozen temperatures and are not within the HACCP requirements of that Temperature, a freezing charge will be applied, which incorporates the product being down stacked to freeze, and then restacked. Additional wrapping and labelling charges may apply. The client will be notified when/if this occurs.
Handling/Misc
Daily Cut-Off is 2pm the business day prior to dispatch day.
Movements are charged per direction. If a pallet is brought out it is a charge out, and then to place back in storage, it is another charge.
All pallets that are unwrapped will be wrapped by APF and charged accordingly. This is to ensure that the products remain safe on the pallet.
All pallets that are delivered by APF incur a labelling fee.
Container unload fees allow for:
- 20’ Container carton allowance 2000 cartons
- 40’ Container carton allowance 3500 cartons
- Cost per carton in excess of allowance at rate per carton.
- 20’ Container SKU/BATCH allowance – (6 SKU/BATCH)
- 40’ Container SKU/BATCH allowance – (10 SKU/BATCH)
- Cost per SKU/BATCH in excess of allowance at rate per SKU/Batch
Cancellation of containers on the day of will incur a cancellation fee.
Container waiting time may apply for late arrivals at the waiting time fee.
Where container unload comes on import pallets and the pallets are re-stacked, and the customer no longer requires the pallets, a pallet disposal fee will be charged to the client.
Where carton picking is required, a wrapping fee will be applied per pallet.
Where an urgent order is required (submitted after 2pm cutoff the day prior) the Priority Order Fee will be charged per order in addition to normal costs.
Where ad hoc work orders are requested, an hourly rate will apply.
Where afternoon shift work orders are requested, a 15% levy will apply on the dayshift hourly rate. Where night shift work orders are requested, a 30% levy will apply on the dayshift hourly rate.
Where weekend work is requested, the weekend rate will apply with 2 employees and 4 hours each. Where public holiday work is requested, the PH rate will apply with 2 employees and 4 hours each.
Insurance for Product being Warehoused
APF Cold Storage and Logistics is not a common carrier and does not accept any liability as a common carrier.
Extended Warranty Protection is not available for product being warehoused. This remains the storers’ responsibility.
Payment Terms
7 days from invoice date.
Annual Rate Reviews
The rates and charges will be adjusted from the first Monday of January each year, unless factors require mid-year review, using the APF Cold Storage and Logistics Rise and Fall Mechanism.
Pallets
All pallets must be transferred via a Chep or Loscam account, no exchanges will be accepted.
Pallet hire is charged weekly per the rate in line with storage pallets and part thereof storage. Only wooden pallets can be transferred, no other type of equipment will be accepted on our accounts.
All transfer dockets are required to have the APF Cold Storage and Logistics consignment note number as a reference and must be submitted to Chep or Loscam by the sender within 30 days of the movement date. Any transfers processed after 30 days from movement date will only be valid from processed date.
A 30-day delay will be applied to all transfers on to APF Cold Storage and Logistics Chep and Loscam accounts.
If upon delivery APF Cold Storage and Logistics discovers that the receiver does not have a pallet account, the transfer will be made to the senders account, and if not applicable the client will be charged for the replacement costs of the pallets.
Failure to adhere to the terms above may result in transfers being rejected/corrected.
Rejected transfers can only be reinstated by obtaining authorisation from the APF Cold Storage and Logistics Pallet Control team. Any request for rejections/corrections to be reinstated with Chep/Loscam must be received within 30 days from the date the rejection is invoiced.
APF Cold Storage and Logistics will take no responsibility or action for any pallet claims received more than 6 months after the movement date.
Cold Storage Agreement
1. Facility
1.1
APF operates cold storage facilities trading as “APF Cold Storage & Logistics” and “Athol Park Freezers” at its premises situated at 1 Belfast Street, Athol Park, South Australia (the facility) and at other locations.
1.2
APF is an operator of a warehouse for the purposes of the Warehouse Liens and Storage Act 1990.
2. Agreement
2.1
APF and the Storer have agreed that APF will provide the Storer with cold storage facilities within the facility on a nonexclusive basis (‘Services’) subject to the terms of this Agreement.
3. Conditions of Storage
3.1
Goods can be received by APF into the facility as quality, quantity, contents, and condition of the goods unknown.
3.2
Notwithstanding clause 3.1, all Goods will be clearly, distinctively, and indelibly marked and branded to identify the Goods except where the nature of the Goods is apparent to APF and/or is declared by the Storer on or before delivery of the Goods to APF.
3.3
APF is not required to enquire as to the quality, quantity, contents and condition of the Goods.
3.4
APF may, at its absolute discretion but in accordance with the terms of this Agreement, store the Goods in bulk or in various assorted lots in any cold room at one of its facilities.
3.5
The actual number of Goods shall be determined by APF and if the Storer is not present at the time of such determination, the tally determined by APF shall be accepted by the Storer as the final number of Goods.
3.6
The actual number of Goods taken out of the facility shall be determined by APF. If the Storer is not present at the time of such determination, then the tally determined by APF will also be accepted by the Storer as the final number of Goods removed from the facility.
3.7
APF must:
3.7.1
Perform the Services with due care and skill and in a professional and diligent manner;
3.7.2
Obtain, keep current and produce to the Storer on request evidence of any relevant authorisation, permit or licence required by law in order for the Services to be provided;
3.7.3
Comply with all applicable laws and industry standards relating to food;
3.7.4
Not endanger the health or safety of any person in the Storer’s workplace;
3.7.5
Store the Goods in a food safe manner and ensure they are not contaminated in any way; and
3.7.6
Comply with the following policies of the Storer: a) Health and Safety Policy; b) Environment and Sustainability Policy; c) Supplier Code of Conduct; d) ABC Code of Conduct; e) Responsible Sourcing Code of Conduct; f) Workplace Behaviour Policy (Aus); and g) General Privacy Policy.
3.8
The Supplier warrants that:
3.8.1
The Supplier possesses and will use the specific skills and experience required to perform the Services in accordance with this Agreement; and
3.8.2
The Services provided under this Agreement will be fit for purpose.
4. Storer Warranties and Undertaking
4.1
The Storer warrants that:
4.1.1
The Goods to be stored at the facility are owned by the Storer and that the Storer has full right, power and authority to store the Goods at the facility;
4.1.2
The Goods are not dangerous, toxic, volatile or inflammable and will not smell or cause damage to any other goods within the facility; and
4.1.3
It will deliver the Goods to the facility at its cost and in the required manner.
4.2
If the Storer is not the absolute owner of the Goods, the Storer undertakes to immediately notify APF the name and address of the person who has an interest in the Goods.
5. Payment
5.1
The Storer will be liable for all storage preservation and other charges payable in respect of the Goods, up to and including the day of delivery from the facility to the Storer in accordance with prices or the rates negotiated and agreed between the Storer and APF in writing (the fees).
5.2
APF will invoice the Storer weekly setting out the quantity of services supplied in that month and the fees attributable to such services. The fees will be payable 7 days from the date of invoice in which the invoice was received and in any event before the removal and delivery of the Goods to the Storer.
5.3
The fees may be subject to variation from time to time by written notification to the parties.
5.4
APF will have a warehouse lien over the Goods and any other goods of the Storer stored at the facility to secure the fees due by the Storer until they are paid in full to APF together with lawful claims for insurance, transportation, labour, weighing, packing and APF’s reasonable costs in selling the Goods in accordance with the provisions of the Warehouse Act.
5.5
APF’s warehouse lien will also constitute a security interest for the purposes of the PPSA.
5.6
The Storer will to the extent permitted by law, do all things necessary and execute all documents required which APF requests for the purpose of ensuring that the security interest is enforceable, perfected and otherwise effective.
5.7
APF can do everything necessary to protect its security interest in the Goods including notifying third parties of APF’s interest in the Goods.
5.8
APF can register one or more financial statements (as defined in the PPSA) in relation to the Goods and any other security interest.
5.9
The Storer irrevocably waives any right to receive notices or statements and any other notices APF is required to serve to the Storer under the PPSA, including under Sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135, redeem the Goods under Section 142, reinstate this Agreement under Section 143 and receive a verification statement.
5.10
Unless the context indicates otherwise, terms in this clause that are defined or used in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
5.10.1
Unless expressly stated to be inclusive of GST, the consideration for any taxable supply made by a party (Supplying Party) under or in connection with this Agreement does not include GST and may be increased by the Supplying Party by an amount equal to the GST payable on that taxable supply. The recipient need not make any payment for a taxable supply unless the Supplying Party has first issued a tax invoice.
5.10.2
If an adjustment event occurs in relation to any supply made under or in connection with this Agreement the Supplying Party must issue an adjustment note to the recipient and the difference between the GST payable on the supply (taking into account any adjustments) and the amount of GST included in the price for the supply must be paid by or refunded to the recipient as applicable.
5.10.3
Any amount to be reimbursed or indemnified in connection with this Agreement must be reduced by an amount equal to any input tax credit to which the party being reimbursed (or its representative member) is entitled in respect of that amount.
5.11
Nothing in this clause 5 prevents APF from taking collection action or legal action against the Storer to recover any amounts outstanding from time to time.
6. Risk and Responsibility
6.1
Goods are stored at the facility at the sole risk of the storer (client). Risk passes on delivery by the Storer.
6.2
Insurance of the Goods will at all times be the sole responsibility of the Storer.
6.3
APF is not liable for any loss, injury or damage suffered by the Storer due to the non-delivery or delayed delivery of the Goods.
7. Release
7.1
The Storer releases APF and APF’s officers, employees, agents, contractors and other users from any and all claims arising from any malfunction, failure to function or interruption of or to the refrigeration, water, gas, electricity, air conditioner, fire prevention, fire system and other services used within the facility.
8. Notices
8.1
A notice under this Agreement may be:
8.1.1
Handed personally to APF or the Storer;
8.1.2
Sent by post to the last known place of business of the Storer or the address of APF;
8.1.3
Sent by post to the last known place of residence of the Storer;
8.1.4
Sent by email to APF or the Storer; or
8.1.5
Sent by electronic mail to the Storer or APF.
8.2
If the notice is sent by post, it is deemed to have been received two (2) days after its posting.
8.3
If the notice is sent by email it is deemed as being received upon the date sent by the sender.
8.4
Either the Storer or APF may inform the other in writing of an address at which service of any notice under this Agreement may be given.
8.5
Any notice required under this Agreement must be in writing and served on the other party by post, facsimile transmission or electronic mail. The address for each party is the postal address, facsimile transmission number or electronic mail address given to the other in this Agreement or notified to the other party after the signing of this Agreement.
8.6
All notices which may be given under this Agreement by any party may be signed on behalf of that party by its manager, authorised officer, secretary, solicitor, any director of that party or such other person as it may nominate for that purpose
9. Delivery of Goods
9.1
APF may require the written instructions of the Storer and the handover of any storage receipt before delivery of the Goods.
9.2
Notwithstanding clause 9.1, APF may at its absolute discretion, but subject to the terms of this Agreement, deliver the Goods in accordance with any written request of the Storer.
9.3
APF must only release the Goods to individuals nominated by the Storer in writing as authorized to collect the Storer’s Goods.
10. Removal
10.1
Goods stored for an indeterminate period may be paid for, removed and delivered to the Storer.
10.2
APF may at any time or without notice and at the expense of the Storer remove and if APF thinks fit, destroy:
10.2.1
All or part of any of the Goods which in the reasonable opinion of APF has deteriorated or become a source of danger, risk or contamination;
10.2.2
All or any goods which APF has requested the Storer to remove and which the Storer has failed to remove within a specified time;
10.2.3
Any Goods the subject of a warehouse lien may be sold by APF provided that it first gives the Storer written notice of its intention to sell and the fees payable by the Storer have been outstanding for at least six (6) months
10.3
In the event of the sale of any Goods by APF, no exception shall be taken by the Storer where the price is less than market value provided that proceeds after the deduction of expenses and charges and any other moneys payable by the Storer to APF are accounted for by APF and satisfied in accordance with the Warehouse Act.
11. Recognition
11.1
APF shall not be bound to recognise any person other than the person recorded as the Storer and the owner of the Goods.
12. Cold Room
12.1
The rental in respect of a cold room shall be deemed a separate charge and APF’s warehouse lien and right of sale shall extend to and include all goods stored in a cold room within the facility.
12.2
APF shall have the same rights in relation to all goods stored in a cold room as the rights of APF in relation to warehouse storage within the facility.
12.3
The Storer’s interest in a cold room will constitute no more than a non-exclusive licence to use and the Storer will not undertake any business activities or occasion any sub-lease licence in relation to that cold room.
13. Transport
13.1
The Storer acknowledges that APF is not a common carrier and accepts no responsibilities as such.
13.2
All Goods transported are subject to the same terms and conditions as those that are stored.
13.3
The obligations of APF in any outward delivery ends at the facility boundary and any charges arising thereafter due to any cause whatsoever are the responsibility of the Storer and owner of the Goods.
13.4
If the Goods are returned to the facility, then a fee will be charged for any subsequent storage of the Goods.
13.5
The Storer is deemed to have received its Goods in good order and condition from APF unless notice in writing is given by the Storer to APF specifying the specific damage within 24 hours of such delivery.
14. Legislation
14.1
The terms of this Agreement are not intended to contract out of any provision of the Competition and Consumer Act (2010) (Cwth) (the Act). If the Storer stores the Goods as a consumer, then the terms in this Agreement shall be subject to protection of the Act and any other consumer legislation.
14.2
If any provision of this Agreement is invalid and enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement are and continue to be valid and enforceable in accordance with this Agreement.
14.3
The Storer will comply with all laws, including acts and ordinance, regulations, by-laws and orders as are or maybe applicable to the use of the facility. This includes laws relating to the Goods which are stored and the manner in which they are stored (to the extent the Storer has control over this).
14.4
The liability for any and all breach of such laws rests with the Storer and includes any and all costs resulting from such a breach.
15. Work Health and Safety
15.1
The Storer will follow all rules, guidelines, and safe work procedures in the carrying out of their duties and will not wilfully place the health and safety of themselves or others at any risk in the course of any access to the facility including any cold room, container or locker.
15.2
The Storer will wear high visibility clothing and non-slip safety footwear at all times when on the facility.
15.3
The Storer will report any hazard, incident, injury and unsafe condition within the facility.
15.4
The Storer will ensure that all pallets of Goods above head height are shrink wrapped and/or cross stacked.
16. Definitions
In this Agreement, unless the context otherwise requires:
16.1
Claims includes any and all liability, actions, claims, causes of action, debts, orders, judgments, demands, losses, damages, costs and expenses whether at law or in equity or arising under any law or Act under this Agreement or otherwise;
16.2
Required Manner means:
16.2.1
To the standard of care, skill, judgment and diligence expected of a person experienced in performing services or work of a similar nature, type and character to the relevant deliveries;
16.2.2
In accordance with all applicable laws and the lawful requirements of all statutory authorities; and
16.2.3
Using materials suitable for their intended purpose and which comply with Australian standards:
16.3
PPSA means the Personal Property Securities Act 2009 and Personal Property Securities Regulations 2010 as amended.
16.4
Warehouse Act means the Warehouse Liens and Storage Act 1990 as amended.
16.5
A reference to “Act” or a particular Act includes any regulations, codes and by-laws and any notice, demand, order, direction, requirement or obligation under the Act;
16.6
Singular words include the plural and plural words include the singular;
16.7
Words of one gender include the other gender;
16.8
A reference to any person includes the heirs, executors, administrators, successors and assignors of that person;
16.9
Any reference to a person includes a body corporate and any reference to a body corporate includes a person;
16.10
Here the Storer comprise more than one person, this Agreement binds those persons jointly and severally;
16.11
Anything which the Storer is required to do under this Agreement is to be done at the cost of the Storer and to the reasonable satisfaction of APF;
16.12
All money payable by the Storer to APF and costs recoverable from the Storer by APF will be recoverable as a debt and if no date for payment is specified then the amount will be payable on demand;
16.13
A reference to a clause is a reference to a clause of this Agreement;
16.14
Headings are for reference only and do not affect the interpretation of the terms of this Agreement;
16.15
The schedules, annexures, and attachments to this Agreement form part of and are incorporated in this Agreement;
16.16
A reference to dollar or A$ is to Australian currency;
16.17
If a body, institute, association, or statutory authority referred to in this Agreement ceases to exist then this agreement must be read as referring to such body, institute, association, or statutory authority as then serves substantially the same objects as that body, institute, association or statutory authority.
17. General
17.1
The Storer’s liability To the extent permitted by law:
17.1.1
The Storer’s aggregate liability arising under or in connection with this Agreement in any calendar year (whether in contract, tort (including negligence), statute, equity or otherwise) is limited to the greater of:
A) the fees paid by the Storer in that calendar year; and
B) $100,000; and
17.1.2
The Storer will not be liable for any loss of profit or any loss which does not arise according to the usual course of things from the Storer’s breach of this Agreement.
17.2
Confidentiality: APF must keep all Confidential Information secret unless it comes into the public domain (other than because of a breach of this Agreement or any law) and must not use Confidential Information except as necessary for the purposes of this Agreement. On termination or expiry of this Agreement, APF must promptly return all Confidential Information to the Storer, or destroy it if the Storer requires. “Confidential Information” means any trade secrets, know-how, technical, scientific, commercial, financial, product, market or pricing or other information of or about the Storer which APF gains access in connection with this Agreement.
17.3
Insurance: APF must maintain at all times during the term of this Agreement: (a) product and public liability of not less than $20,000,000 per insurance year; and (b) workers compensation as required by law. APF must provide to the Storer certificates of currency on request evidencing each of the insurances required by this clause.
17.4
Variation: Any variation to this Agreement must be in writing and signed by or on behalf of both parties.
17.5
Entire agreement: This Agreement constitutes the entire agreement between the Storer and APF in relation to its subject matter and supersedes all other agreements and understandings between the parties, including any terms and conditions contained on printed documents issued by either party at any time, which are hereby terminated and/or excluded, as the case may be.
17.6
Waiver: Failure or omission by a party to require strict or timely compliance with any provision of this Agreement will not affect any right of that party to remedies it may have in respect of any breach of a provision.
17.7
The Storer may set off against the fees any sums owed to the Storer by APF.
17.8
Governing law: This Agreement is governed by and is to be construed in accordance with the laws of South Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of South Australia to resolve any dispute which arises out of, is in connection with or which otherwise relates to this Agreement.
