Terms and conditions

A1. About these terms

This website is run by Fly Mel Pty Ltd (ABN 77 646 212 884), trading as Flymel Freight ("we", "us"). By using it, you agree to Part A. If you do not agree, please do not use the site.

A2. Information on this website

The information here is general. It is not advice about your particular shipment. Customs, biosecurity and freight rules and costs change often, so please talk to us before you rely on anything on this site.

A3. Quote requests

Sending a quote request or a message through this website does not create a booking, and it does not commit you or us to anything. We reply with a price in writing.

A4. Using the site properly

• Give accurate information in our forms.
• Only upload documents you are allowed to share.
• Do not misuse the site: no attempts to break in, overload it, send spam through it, or copy it by automated means.

A5. Our content and links

The text, logo and design of this website belong to us or to those who license them to us. Some photos are used under Creative Commons licences and are credited where they appear. Please do not copy our content without our permission, except as the law allows. Links to other websites, such as Google Maps, are there for your convenience; we are not responsible for those sites.

A6. Liability for the website

Apart from rights you have under the Australian Consumer Law or any other law that cannot be excluded, we provide this website as it is and, to the extent the law allows, are not liable for any loss arising from your use of it or from relying on its general information.

B1. How we act

• We arrange your shipment as your agent with shipping lines, airlines, transport companies, warehouses, overseas agents and licensed customs brokers. Their own terms (for example a bill of lading or air waybill) apply to the work they do, and you agree to be bound by them.
• We are not a common carrier. We may choose the carriers, routes and other providers we use.
• You confirm that you own the goods or are authorised by the owner to deal with us, and that you accept these conditions for everyone who has an interest in the goods.

B2. Your information and the goods

• You must give us complete and correct information about the goods: description, value, origin, weight, packaging and anything needed for customs and biosecurity. Customs declarations are made on the information you provide.
• Goods must be packed and labelled to travel safely. Dangerous goods must be declared to us in writing before we accept them; we may refuse them.
• You are responsible for duties, taxes, fines, penalties and extra costs that result from wrong or missing information you give, or from goods that do not meet the law.

B3. Customs and biosecurity

Customs clearance is lodged by a licensed customs broker, which we arrange for you. Goods may be examined, treated, held or refused by Australian Government customs and biosecurity agencies. Duties, GST, inspection, treatment, storage and other government charges are payable by you, whether or not they appear on our quote.

B4. Prices and payment

• Our quotes are based on the information you give us and on carriers', exchange and government rates at the time. If any of these change, or the goods differ from what you told us, the price may change, and we will tell you.
• Charges outside our control, such as demurrage, detention, storage, port and terminal charges, are payable by you.
• You pay as stated on our quote and invoice, in full and without deduction or set-off. We may hold further work while an amount is overdue.

B5. Insurance

We do not insure your goods unless you ask us to in writing and we confirm it in writing. Insurance we arrange is at your cost and on the insurer's terms. Without insurance, our liability is limited as set out in B6, so we recommend you insure your goods.

B6. Our liability

• We are liable for loss of or damage to goods only where it is caused by our negligence or breach of these conditions.
• Where we are liable, our liability is limited to the lower of the value of the goods and 2 Special Drawing Rights (SDR, the International Monetary Fund unit used in freight) per kilogram of the gross weight of the goods lost or damaged.
• We are not liable for delay, loss of market, loss of profit or any indirect or consequential loss, unless we have agreed in writing to a delivery date and a liability for missing it.
• Nothing in these conditions excludes, restricts or changes any right you have under the Australian Consumer Law that cannot be excluded. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

B7. Claims

Tell us in writing of any loss or damage within 7 days after the goods are delivered (or, if they are not delivered, after the date they should have been). Any legal action against us must be started within 9 months of that date.

B8. Our lien

We may keep goods and documents in our possession until everything you owe us is paid. If an amount is still unpaid 30 days after we notify you in writing, we may sell the goods and use the money to pay what you owe and the costs of the sale. Any balance is paid to you.

B9. Your responsibility to us

You agree to cover us for claims, costs and penalties we face because of wrong or missing information you gave, undeclared dangerous goods, or your breach of these conditions, except to the extent we caused them.

B10. Privacy, law and changes

How we handle personal information is explained in our Privacy policy. These terms and conditions are governed by the law of Victoria, Australia. We may update them; the version on this page when you ask us to act is the one that applies. Questions: info@flymel.com.au.