Hudo Express – Terms and Conditions of Freight Forwarding Services

1. Introduction and acceptance

These terms form the agreement between you and Hudo Express (ABN 95 649 847 969) for every freight forwarding service we provide. Our details are: Hudo Express, 3 Pleasant Close, Mill Park; email hudoexpress@gmail.com; phone 0416 040 678.

1.1 In these terms, “we”, “us” and “Hudo Express” mean Hudo Express (ABN 95 649 847 969), and “you” means the customer.

1.2 You accept these terms when you book a shipment, have goods delivered to our warehouse, or ask us to forward goods, whichever happens first.

1.3 Please read them carefully. If you do not agree with them, do not use our services.

1.4 Nothing in these terms limits any right you have under the Australian Consumer Law or any other law that cannot be excluded (see clause 16).

1.5 Effective 12 May 2021.

2. Definitions

The words below have these meanings wherever they appear in these terms.

• Authority means any government, regulatory, customs, border, tax or law enforcement body in Australia, Vietnam or any other country the goods pass through.
• Consignee means the person at the delivery address you nominate to receive the goods.
• Consignment means goods forwarded together under one booking.
• Goods means any items, including their packaging and contents, that we receive or are asked to receive for forwarding.
• Order means any purchase of goods by you, or on your behalf, from a retailer or other seller.
• Retailer means any online or physical retailer or seller of goods.
• Services means receiving, storing, consolidating, repacking, labelling and forwarding goods to the destination you nominate, and related services we agree to provide.
• Warehouse means the premises we nominate from time to time to receive goods.

3. Our role

We are a freight forwarder only: we receive your goods at our warehouse, consolidate and pack them, and arrange carriage to the address you nominate.

3.1 We are not the buyer, seller, supplier or manufacturer of any goods. We do not place orders, make or receive payments for goods, negotiate with retailers, or act as your agent in any purchase.

3.2 We do not receive any part of the price paid for goods. Our only income from a consignment is our service fees.

3.3 The goods remain yours, or the owner’s, at all times. We hold them only for the purpose of providing the services, subject to our lien in clause 12.

3.4 We receive goods as they are presented to us. Unless we agree otherwise in writing, we do not guarantee the contents, quality, authenticity or lawful origin of goods. You are responsible for those matters (see clause 5).

4. Your details and identity verification

You must give us accurate details, and we may verify your identity before we accept goods or at any later time.

4.1 Before we accept goods you must give us your full name, residential or business address, phone number, a way to contact you (such as email, Facebook, Zalo or Viber), and the name and address of each consignee. 

4.2 We may ask for photo identification and other documents at any time, and we may keep copies.

4.3 Goods delivered to our warehouse on your behalf must be addressed in your name and must show the reference or phone number you have given us. If you want goods addressed to anyone else, you must tell us in writing first, and we may refuse.

4.4 Goods that we cannot match to a customer may be held until the sender or owner is verified, and may be refused or returned under clause 8.

4.5 Keep your details up to date, and tell us straight away if you think someone else is using your name or details to send goods through us.

5. Your promises about the goods

For every consignment, you promise us the following, and we accept goods in reliance on these promises.

5.1 You promise that:

• (a) you own the goods, or the owner has authorised you to send them;
• (b) the goods were acquired lawfully and have been paid for in full, using money and payment methods that belong to you or that you are authorised to use;
• (c) the goods are not stolen, counterfeit, or obtained by deception or any other unlawful means;
• (d) all descriptions, quantities and values you give us, including for customs, are true and complete;
• (e) you are sending the goods for yourself, your family or your own business, and you have told us if you are acting for anyone else; and
• (f) you will comply with the laws of Australia, Vietnam and any country the goods pass through.

5.2 On request, you must give us proof of purchase, proof of payment, and any other information we reasonably need for customs, carrier or compliance purposes. If you do not, we may act under clause 8.

5.3 You must tell us straight away if you learn that any goods may not meet clause 5.1, or if a retailer, bank, card issuer or Authority contacts you about an order.

6. Goods we accept and limits

We do not accept prohibited goods, and we may set limits on what we accept for any one customer.

6.1 We do not accept goods that are illegal to export, import or possess under Australian or Vietnamese law, including weapons, ammunition and explosives; illegal drugs and controlled substances; dangerous or hazardous goods; counterfeit or infringing goods; live animals; cash and negotiable instruments; and any goods a carrier or Authority prohibits.

6.2 Some goods, such as batteries, liquids, electronics, supplements, cosmetics, food and medicines, are restricted. They may need declarations, special packing, extra fees or carrier approval, and we may refuse them.

6.3 We may set limits on the quantity, value or frequency of goods we accept from any one customer, including for high-value or bulk consignments. Before accepting or forwarding such goods we may ask for extra information or documents.

6.4 You must give an accurate declared value for each consignment.

7. Receiving your goods

We confirm what we receive, and you must check that confirmation promptly.

7.1 Goods are received when we log them at the warehouse. We then send you a receipt confirmation (by any of the channels in clause 9.4) listing what we recorded, including the sender, number of packages, weight and external condition.

7.2 Please check each confirmation within 3 business days and tell us if anything is wrong.

7.3 We receive goods in the condition presented. We do not open sealed packages unless clause 7.5 or clause 8 applies, so our confirmation describes what we can see from outside the package.

7.4 If goods arrive from a retailer after an order you placed, we act only as the delivery address. You are responsible for making sure the order is in your name, shows the reference or phone number you gave us, and matches what you told us.

7.5 We may open, inspect, photograph, weigh, measure or scan a package where we reasonably think it is needed to comply with law, carrier or customs requirements, to check your promises in clause 5, or to protect people or goods. We will take reasonable care when we do.

7.6 We store goods for up to 90 days at no charge. After that, storage fees may apply.

8. When we may refuse, hold or return goods

We may refuse, hold, return or stop forwarding goods if one of the situations below applies, and we will act in good faith.

8.1 We may refuse to accept goods, or may hold, return to the sender or retailer, or decline to forward goods, or cancel a booking, if:

• (a) you have not completed our identity checks or given us documents we asked for;
• (b) we cannot match the goods to you or to details you have given us;
• (c) we reasonably believe or suspect that you have breached these terms;
• (d) we reasonably think the goods may have been obtained unlawfully, or that forwarding them may breach a law, a carrier’s rules or customs requirements;
• (e) the quantity, value or pattern of goods is not consistent with what we would reasonably expect for you;
• (f) an Authority, retailer, bank, card issuer or carrier asks or directs us to; or
• (g) you have not paid amounts you owe us.

8.2 We may refuse future services to you.

8.3 Where the law allows, we will tell you when we act under this clause. If we do not provide a paid service, we will refund the fees for it, less costs we have reasonably incurred.

8.4 Goods we hold under this clause are held at your cost. If the matter is not resolved within 90 days, we may return the goods to the sender or retailer, or deal with them as an Authority directs or the law requires.

9. Authorities, information sharing and records

We comply with the law and cooperate with Authorities, and we keep records of our dealings with you.

9.1 We may give information about you, your goods and your consignments to Authorities, carriers, retailers, banks and card issuers where the law requires it, or where we reasonably think it is appropriate to comply with the law or to guard against unlawful activity.

9.2 We may give Authorities access to goods and records where the law requires it. We are not liable for loss, delay or damage caused by the lawful actions of an Authority, including inspection, detention, seizure or forfeiture. Our fees remain payable.

9.3 We keep records of consignments, communications and identity checks for at least 7 years.

9.4 We may communicate with you, and you may give us instructions and notices, by email, Facebook messages, Zalo, Viber, SMS or phone call. We keep records of these communications.

10. Your orders, payments and retailer disputes

You alone are responsible for your purchases, and we are not a party to them.

10.1 You are responsible for your dealings with any retailer or seller, including price, payment, delivery details, cancellation, refunds, returns and disputes.

10.2 We do not process payments for goods and do not receive any part of the purchase price.

10.3 If a retailer, bank or card issuer recalls, disputes, cancels or reverses an order, or asks for goods to be returned, we may hold the goods or return them to the retailer or seller at your cost. You must cooperate with us.

10.4 Once goods have left our warehouse we may not be able to recall them. If a carrier allows a recall, extra costs apply.

10.5 You must reimburse the reasonable costs we incur because of a dispute, chargeback, recall or investigation connected with your goods or your breach of these terms.

11. Delivery address and consignee

We deliver to the address and consignee you nominate, and changes need to be confirmed by email.

11.1 We deliver to the address and consignee you give us in writing. We cannot verify them, and we are not responsible if they are wrong or incomplete.

11.2 To change a consignee or delivery address after booking, you must ask us using the contact details you gave us. We may ask for identity verification first, and we may refuse a change.

11.3 Delivery in Vietnam is carried out by local carriers or partners. A carrier’s proof of delivery is evidence that delivery happened.

11.4 If a consignment cannot be delivered, we will contact you. Extra costs are payable by you. If it remains undeliverable for 14 days, clause 12.4 applies.

12. Fees, payment and lien

You pay our fees as quoted, and we may keep your goods until amounts owing are paid.

12.1 Our fees are those quoted at booking or in our current rate list, plus any extra charges for storage, repacking, labelling, restricted goods, customs or carrier surcharges. Prices are in Australian dollars and exclude GST.

12.2 Payment is due as stated on the invoice. We may refuse to forward goods until we are paid.

12.3 We have a lien over all of your goods in our possession for any unpaid amounts. If you have not paid within 14 days after we send a written notice, we may sell or otherwise dispose of those goods, use the proceeds to pay what you owe and our costs, and pay any balance to you.

12.4 If goods (other than goods held under clause 8) are unclaimed or undeliverable for 14 days after we send you a notice, we may return them to the sender or retailer, or deal with them as the law requires.

12.5 Refunds are given as these terms and the law provide.

13. Customs, duties and compliance

You and the consignee are responsible for customs, duties and taxes, and for the accuracy of what you declare.

13.1 Goods sent to Vietnam are subject to the export, import, quarantine and permit rules of Australia and Vietnam. You and the consignee are responsible for all duties, taxes, fines and charges imposed on the goods.

13.2 We may lodge customs declarations on your behalf and will rely on the information you give us. You are responsible for penalties or costs that result from inaccurate or incomplete information.

13.3 We are not liable for delay, inspection, seizure or destruction of goods, or for fines, imposed by customs or another Authority, except to the extent caused by our own negligence.

14. Transit, risk and delays

Transit times are estimates, and we use carriers and partners of our choice.

14.1 Transit times are estimates only and are not guaranteed.

14.2 We may use airlines, shipping lines, carriers and sub-contractors of our choice, and we may consolidate your goods with other customers’ goods. Each customer’s goods are separately labelled.

14.3 We take reasonable care of goods while they are in our custody. Subject to clause 16, goods are carried at the owner’s risk, so we recommend you insure them (clause 15).

14.4 We are not liable for delay or failure caused by events beyond our reasonable control, such as severe weather, strikes, port or airline disruption, war, pandemic, or action by an Authority.

15. Insurance

Our fees do not include insurance for your goods, so we recommend you arrange your own.

15.1 We can arrange insurance on request for an extra fee, subject to the insurer’s terms.

15.2 Any insurance we hold for our own business does not cover your goods unless we confirm in writing that it does.

16. Limits on our liability

We limit our liability as far as the law allows, but we cannot take away rights you have under consumer law.

16.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, including the consumer guarantees. Where those guarantees apply to our services, we may limit our liability only as the Australian Consumer Law permits.

16.2 Subject to clause 16.1, and to the extent the law allows:

• (a) we are liable for loss of or damage to goods only if it is caused by our negligence or breach of these terms while the goods are in our custody or control;
• (b) our total liability for any one consignment is limited to the lesser of the proven value of the lost or damaged goods and AUD $1,000, unless you declared a higher value in writing before shipping and paid the extra fee we quoted, and insured the goods; and
• (c) for services not ordinarily acquired for personal, domestic or household use, our liability for a failure to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again, where that limit is fair and reasonable.

16.3 To the extent the law allows, we are not liable for indirect or consequential loss, including loss of profit, business, opportunity or reputation.

16.4 We are not liable for loss, delay, detention, seizure or damage that results from:

• (a) the acts or omissions of an Authority;
• (b) your breach of these terms, including inaccurate information or declarations;
• (c) the nature, defect or unlawful origin of the goods;
• (d) the acts or omissions of a retailer, bank or card issuer; or
• (e) events beyond our reasonable control.

16.5 Nothing in these terms excludes or limits our liability for fraud, or for death or personal injury caused by us.

17. Your indemnity to us

You must cover us for losses that arise from your breach or from goods that should not have been sent.

17.1 You indemnify us against loss, liability, fines, penalties, expenses and reasonable legal costs that we incur to the extent they are caused by:

• (a) your breach of these terms or of your promises in clause 5;
• (b) goods that are prohibited, unlawful, unlawfully obtained, counterfeit or wrongly declared;
• (c) a claim by a retailer, owner, bank, card issuer or Authority about your goods or orders; or
• (d) your negligent or wrongful act.

17.2 This indemnity does not apply to the extent the loss is caused by our own negligence or breach of these terms.

17.3 We will take reasonable steps to limit the loss we claim.

18. Claims and disputes

Tell us in writing as soon as you notice a problem, and within the time limits below.

18.1 Please tell us (by any of the channels in clause 9.4) about visible loss or damage within 14 days after delivery, and about non-delivery within 60 days after the shipping date. Include photos, invoices and proof of value.

18.2 These time limits do not remove any right that the law says cannot be limited.

18.3 If you have a complaint or dispute, contact us first. We will try to resolve it in good faith within 30 days. You may also contact a consumer protection regulator.

19. Privacy

We collect and use your personal information to provide the services, verify identity, and meet our legal obligations.

19.1 We collect details such as your name, contact details, identity documents, addresses, order information and shipment records.

19.2 We share them with carriers, delivery partners in Vietnam, customs and other Authorities, retailers, banks and card issuers, and our professional advisers, where needed to provide the services or meet legal requirements. This includes sending information overseas.

19.3 We store records securely and keep them as set out in clause 9.3.

19.4 You can ask us to access or correct your personal information using the contact details in clause 20.

20. General

Victorian law governs these terms, and we will give you notice before any change applies.

20.1 We may update these terms by emailing you or publishing the new version. Updated terms apply to shipments booked after the notice. If a change is material, you may stop using our services before it applies without penalty.

20.2 Notices to you are sent using the contact details you gave us and take effect when sent. You can send notices to us using the contact details in clause 20.8.

20.3 We may use sub-contractors. You may not transfer your rights under these terms without our written consent.

20.4 If any part of these terms is unenforceable, the rest continues to apply.

20.5 These terms, together with your booking and our quote, are the whole agreement between us about the services.

20.6 These terms are governed by the laws of Victoria, Australia, and each of us submits to the non-exclusive jurisdiction of the courts of Victoria.

20.7 If we give you a Vietnamese translation, the English version prevails if the two differ.

20.8 Contact us at: Hudo Express, 3 Pleasant Close, Mill Park; email hudoexpress@gmail.com; phone 0416 040 678.

Customer acknowledgement

I have read and agree to the Hudo Express Terms and Conditions of Freight Forwarding Services and confirm that all information provided to Hudo Express is true and accurate.