Freight Brokerage Terms of Service

SILVERBACK CONTAINER MANAGEMENT

Freight Brokerage Terms of Service

Effective Date: These terms apply to all brokerage service confirmations issued on or after the date of acceptance.

Governing Law: Victoria, Australia. Non-exclusive jurisdiction of the courts of Victoria.

1. Parties

These Terms of Service are entered into between:

Silverback Container Management Pty Ltd (ABN 70 120 672 611) of 147 Railway Pl, Williamstown VIC 3016 (Silverback, we, us, our); and

The Customer, being the person or entity that confirms a booking or tenders goods for carriage through Silverback (Customer, you).

2. Introduction and Acceptance

These Terms of Service (Terms) govern the provision of freight brokerage services by Silverback Container Management (Silverback, we, us, our) to any customer, consignor, or third party (Customer, you) who engages Silverback to arrange the carriage of goods.

By confirming a booking or accepting a service quotation from Silverback — whether in writing, by email, verbally, or by tendering goods — the Customer agrees to be bound by these Terms in their entirety. These Terms form the complete agreement between the parties and supersede all prior representations, negotiations, and understandings.

Silverback acts solely as a freight broker and intermediary. Silverback does not itself carry, handle, store, or physically transport goods. All carriage is performed by independent carriers engaged by Silverback on the Customer’s behalf.

3. Definitions

In these Terms, the following definitions apply:

4. Nature of the Brokerage Service

Broker Role Only

1. Silverback acts exclusively as a freight broker and intermediary. Silverback sources and engages Carriers on behalf of the Customer but does not itself provide carriage services, take physical custody of goods, or assume the role of carrier, bailee, or warehouseman at any time.
2. In engaging a Carrier, Silverback acts as the consignor of record on its own standard terms. The Customer acknowledges that the carriage of goods is governed by the relevant Carrier’s conditions of contract and applicable law, including the Heavy Vehicle National Law (HVNL) and the Competition and Consumer Act 2010 (Cth).
3. Silverback does not warrant the performance, timeliness, care, or outcome of any Carrier. Silverback’s obligation is limited to exercising reasonable care in the selection of a Carrier and the arrangement of carriage.

Carrier Conditions

1. Carrier T&Cs apply to all carriage arranged by Silverback. These may include significant limitations or exclusions of the Carrier’s liability, including in some cases a complete disclaimer of liability. Silverback will make Carrier T&Cs available to the Customer on request prior to Confirmation.
2. The Customer acknowledges that some Carriers disclaim all liability for loss or damage to goods, including loss caused by the Carrier’s own negligence. Where such conditions apply, the Customer’s sole recourse is through their own cargo insurance.
3. Silverback strongly recommends that the Customer maintain an appropriate cargo insurance policy covering the full declared value of all goods at all times.

5. Quotations, Bookings, and Confirmation

1. All Quotes are valid for 14 days from the date of issue unless otherwise stated. Silverback reserves the right to withdraw or revise a Quote at any time prior to Confirmation.
2. Quotes are prepared on the basis of information provided by the Customer. Any variation in the actual weight, dimensions, nature, quantity, or handling requirements of the goods may result in additional charges.
3. A booking is not confirmed until Silverback issues a written Confirmation or job reference number. Verbal instructions may be acted upon at Silverback’s discretion but do not constitute a binding Confirmation.
4. Silverback is not liable for any loss arising from reliance on a Quote prior to Confirmation, or where a Quote cannot be honoured due to Carrier unavailability or changes in Carrier rates.

6. Customer Obligations and Warranties

Accuracy of Information

1. The Customer warrants that all information provided to Silverback regarding the goods is accurate and complete, including description, weight, dimensions, quantity, value, and any special handling requirements.
2. The Customer warrants that the goods are fit for carriage, properly packed and restrained in accordance with the National Load Restraint Guide, and labelled in compliance with all applicable laws and Carrier requirements.
3. The Customer indemnifies Silverback against all loss, damage, cost, and expense arising from inaccurate, incomplete, or misleading information provided in relation to the goods or the carriage.

Dangerous Goods

1. The Customer must notify Silverback in writing prior to Confirmation if any goods are Dangerous Goods or may become dangerous, noxious, hazardous, or damaging during transit. The notification must include the UN number, class, packing group, and any special requirements under the Australian Dangerous Goods Code.
2. The Customer must ensure that DG consignments are correctly classified, declared, packaged, marked, labelled, and placarded in accordance with the ADG Code and all applicable laws prior to presentation to the Carrier.
3. Silverback reserves the right to refuse or cancel a booking for DG where the Customer has not complied with this clause, or where the Carrier does not accept the relevant class of DG. Any costs incurred as a result of DG non-compliance are payable by the Customer.
4. The Customer indemnifies Silverback and the Carrier against all claims, fines, penalties, loss, and damage arising directly or indirectly from the Customer’s failure to comply with DG obligations.

Chain of Responsibility

1. The Customer acknowledges its obligations as a consignor under the Heavy Vehicle National Law and Chain of Responsibility (CoR) framework. The Customer must not impose requirements on Silverback or any Carrier that would directly or indirectly encourage or require speeding, driving while fatigued, overloading, or any other breach of HVNL.
2. The Customer warrants that delivery addresses are accessible by heavy vehicle, have adequate loading and unloading facilities, and that there is a suitable and safe road approach for the Carrier’s vehicles.
3. Silverback may refuse any instruction from the Customer that would, in Silverback’s reasonable opinion, cause a breach of the Heavy Vehicle National Law or give rise to a Chain of Responsibility liability for Silverback, any Carrier, or their personnel. Such refusal does not constitute a breach of these Terms and does not entitle the Customer to any refund of charges already incurred.

7. Liability

Silverback’s Liability as Broker

1. To the extent permitted by law, Silverback’s liability to the Customer is limited to loss or damage caused by Silverback’s own proven negligence in the selection of a Carrier or the arrangement of carriage.
2. Silverback is not liable for any loss of or damage to goods arising from the act, omission, negligence, or default of any Carrier, whether or not Silverback selected that Carrier.
3. Silverback is not liable for any Consequential Loss of any nature arising out of or in connection with these Terms or the provision of brokerage services, regardless of the cause.
4. Where Silverback is found liable, the maximum aggregate liability of Silverback to the Customer under or in connection with any single claim or series of related claims is limited to the Service Fee paid by the Customer in respect of the relevant booking.

Carrier Liability

1. Carrier liability is governed solely by the relevant Carrier’s T&Cs. Different Carriers operate under materially different liability frameworks, including but not limited to:
2. Carriers that accept liability only where loss is caused by proven negligence, subject to a monetary cap (e.g. $50,000 per incident);
3. Carriers that disclaim all liability for loss or damage to goods, including liability for their own negligence or wilful misconduct.
4. Where a Carrier’s conditions disclaim all liability, the Customer has no right of recovery against the Carrier or Silverback for loss or damage to goods, and must rely entirely on their own cargo insurance.
5. Silverback does not warrant that any Carrier maintains adequate insurance for the Customer’s cargo. The Customer is responsible for ensuring their own cargo insurance is in place prior to carriage.

Statutory Rights

1. Nothing in these Terms excludes, restricts, or modifies any right or remedy the Customer may have under the Competition and Consumer Act 2010 (Cth) or any other applicable Commonwealth or state legislation that cannot be lawfully excluded. To the fullest extent permitted by law, Silverback’s liability for breach of any non-excludable consumer guarantee is limited to the resupply of the relevant services or the cost of having those services resupplied.

8. Cargo Insurance

1. Silverback strongly recommends that all Customers maintain a current cargo insurance policy covering the full replacement value of all goods at all times during transit and storage. This recommendation is not optional where the relevant Carrier disclaims liability.
2. Silverback does not arrange cargo insurance on the Customer’s behalf unless expressly agreed in writing. Any such arrangement is as agent only and does not create any liability on Silverback’s part for the adequacy, scope, or claims outcome of the policy.
3. The Customer acknowledges that Carrier liability caps and exclusions mean that cargo insurance is the primary — and in some cases the only — avenue for recovery in the event of loss or damage.

9. Claims for Loss or Damage

1. Any claim for loss of or damage to goods must be notified to Silverback in writing within 7 days of delivery, or earlier if required by the relevant Carrier’s conditions of contract. Where goods are not delivered, notification must be given within 7 days of the date on which delivery would ordinarily have been expected, or earlier if the relevant Carrier’s claim window requires it.
2. Notification must include the Silverback job reference number, a description of the loss or damage, and supporting documentation including photographs, delivery records, and any written assessment.
3. Silverback will pass claims notifications to the relevant Carrier in accordance with that Carrier’s claims procedure. The Customer acknowledges that Carrier claim notification windows may be shorter than Silverback’s own notification requirements (for example, 14 days under some Carrier T&Cs), and the Customer must ensure timely notification to Silverback to preserve any claim rights.
4. Silverback does not accept, adjudicate, or guarantee the outcome of any cargo claim made against a Carrier. Silverback’s role in relation to claims is limited to facilitating communication between the Customer and the Carrier.
5. Failure to notify Silverback within the period specified in clause 6.1 will, to the fullest extent permitted by law, extinguish any claim the Customer may have against Silverback in relation to that loss or damage.

10. Charges and Payment

1. All charges are stated inclusive of GST unless otherwise noted. Tax invoices will be issued in accordance with the GST Act 1999 (Cth).
2. Payment terms are as agreed in writing between the parties. Where no credit terms have been agreed, payment is due within 14 days of invoice date.
3. Interest accrues on overdue amounts at the rate of 10% per annum, calculated daily from the due date until payment in full.
4. The Customer agrees to pay all charges without deduction, set-off, or counterclaim. The existence of a dispute in relation to any part of an invoice does not entitle the Customer to withhold payment of undisputed amounts.
5. Where Silverback has directed a Carrier to invoice the Customer or any third party directly and that party fails to pay within the Carrier’s credit terms, Silverback reserves the right to invoice the Customer directly for all outstanding amounts and the Customer must pay on demand.
6. Where Silverback incurs charges from a Carrier that were not anticipated at the time of quoting — including but not limited to demurrage, detention, re-delivery, failed delivery, storage, or DG surcharges — these amounts will be on-charged to the Customer at cost.
7. In the event the Customer cancels a confirmed booking after a Carrier has been engaged, the Customer is liable for any cancellation or abortive charges imposed by the Carrier.

11. Delivery

1. Silverback will use reasonable endeavours to ensure the Carrier effects delivery at the time and address confirmed by the Customer. Delivery timeframes are estimates only and are not guaranteed. Silverback is not liable for delay in delivery.
2. The Customer is responsible for ensuring the delivery address is attended and ready to receive goods at the estimated delivery time. Where delivery cannot be effected due to an unattended premises, inaccessible site, or refusal to accept goods, re-delivery charges apply and are payable by the Customer.
3. Proof of delivery constitutes a signed delivery docket or receipt obtained by the Carrier or its agent at the delivery address. Any endorsements on the delivery docket (e.g. damaged on arrival) must be noted at the time of delivery and communicated to Silverback immediately.

12. Freight Charges on Failed or Partial Delivery

1. Where a Carrier’s conditions provide that freight is earned on acceptance of goods and is non-refundable regardless of whether delivery is completed (as is the case with some Carriers), the Customer remains liable for the full freight charge. Silverback will not absorb Carrier freight on behalf of the Customer in these circumstances.
2. Where a consignment is refused, returned, or requires re-routing through no fault of Silverback or the Carrier, all additional freight, storage, and handling charges are payable by the Customer.

13. Lien

1. The Customer acknowledges that Carriers may exercise a general lien over goods for any outstanding amounts owed to the Carrier, including in respect of prior consignments. Silverback is not responsible for the exercise of any such lien and will not be liable for any loss suffered by the Customer as a result.
2. The Customer must not allow outstanding charges to accrue with any Carrier that would give rise to the exercise of a lien over the Customer’s goods.

14. Subcontracting

1. Silverback may engage any Carrier or subcontractor to perform or assist in the performance of carriage. Silverback will exercise reasonable care in the selection of Carriers but does not guarantee the performance, capability, or solvency of any Carrier.
2. Where a Carrier further subcontracts the carriage, the Customer acknowledges that the liability protections and exclusions in that Carrier’s conditions will generally extend to all subcontractors and their employees.

15. Force Majeure

1. Silverback is not liable for any failure or delay in arranging carriage caused by events beyond its reasonable control, including but not limited to natural disasters, extreme weather, strikes, fuel shortages, road closures, government restrictions, pandemics, or Carrier insolvency.
2. Silverback will notify the Customer as soon as practicable of any Force Majeure event affecting a confirmed booking and will use reasonable endeavours to arrange alternative carriage.

16. Confidentiality

1. Silverback will keep all Customer information, including cargo details, pricing, and business information, confidential and will not disclose it to third parties except as necessary to arrange and perform carriage, comply with applicable law, or with the Customer’s consent.
2. The Customer agrees to keep Silverback’s rates, pricing structures, and Carrier relationships confidential.
3. The Customer must not, for a period of 12 months from the date of the last Confirmation issued by Silverback, directly engage, contract with, or solicit any Carrier introduced by Silverback in connection with the provision of freight services, without the prior written consent of Silverback. For the purposes of this clause, a Carrier is considered to have been introduced by Silverback if the Customer first became aware of or made contact with that Carrier through Silverback’s brokerage activities. A breach of this clause entitles Silverback to claim damages equivalent to the Service Fee that would have been earned had the carriage been arranged through Silverback.

17. General

Entire Agreement

1. These Terms, together with any written Quote and Confirmation, constitute the entire agreement between Silverback and the Customer in relation to the brokerage services. All prior representations, negotiations, and understandings are superseded.
2. No variation of these Terms is effective unless agreed in writing and signed by an authorised officer of Silverback.
3. Where the Customer supplies any document (including a purchase order, booking form, or email) setting out different or additional terms, such document will be of no legal effect and will not constitute a variation of these Terms.

Severability

1. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed from the agreement and the remaining provisions will continue in full force and effect.

Waiver

1. Failure by Silverback to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of Silverback’s right to enforce it at a later time.

Governing Law

1. These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.

Acceptance

These Terms are accepted by the Customer upon Confirmation of a booking or tender of goods, whichever occurs first. No signature is required for these Terms to be binding. If you have any questions regarding these Terms prior to confirming a booking, please contact Silverback before proceeding.

Silverback Container Management | silverbackcontainers.com | ABN: 70 120 672 611