transport terms & conditions
Section 1 – Introduction and Application
1.1 These Terms and Conditions of Trade (Terms) govern the provision of transport, logistics, storage and related services by Logic Transport Specialists PTY LTD trading as Logic LTS (ABN 84 686 035 772) of A1/35-39 Bourke Road, Alexandria NSW 2015 (Logic LTS, we, us, our) to the customer (you, your, the Customer).
1.2 By requesting or accepting services from Logic LTS, including by signing a credit application, booking a consignment, delivering goods into our care, or otherwise instructing us to act on your behalf, you agree to be bound by these Terms.
1.3 Logic LTS is not a common carrier and accepts goods for carriage or storage only under these Terms. We reserve the right, acting reasonably, to refuse carriage, handling or storage of certain Goods.
1.4 If any part of these Terms is found invalid or unenforceable, the remainder continues in full force and effect.
Section 2 – Definitions and Interpretation
2.1 In these Terms, unless the context requires otherwise:
Agreement means the contract between Logic LTS and the Customer formed under these Terms, together with any credit application, quotation, booking confirmation, consignment note, or other document issued by Logic LTS that is expressly subject to these Terms.
Business Day means a day on which banks are open for general business in New South Wales, excluding Saturdays, Sundays and public holidays.
Charges means all amounts payable by the Customer to Logic LTS for the Services, including transport charges, storage charges, surcharges, levies, taxes, duties, tolls, fees, penalties, and any other applicable costs.
Consequential Loss means any loss of profits, loss of revenue, loss of opportunity, loss of bargain, loss of production, business interruption, loss of goodwill, or any indirect or consequential loss or damage, however caused.
Customer means the person, company or entity that enters into the Agreement with Logic LTS, including its officers, employees, contractors, agents, successors and permitted assigns.
Dangerous Goods means any goods that are or may become volatile, explosive, flammable, toxic, corrosive, infectious, radioactive, noxious, hazardous, or otherwise capable of causing damage, harm or injury, and includes goods classified as dangerous under the Australian Code for the Transport of Dangerous Goods by Road and Rail or under any other applicable law.
Force Majeure Event means any act, event or circumstance beyond the reasonable control of Logic LTS, including but not limited to natural disasters, fire, flood, earthquake, cyclone, epidemic, pandemic, war, terrorism, cyberattack, industrial dispute, act of government, interruption of utilities or transport, accident or breakdown of equipment.
Goods means any cargo, goods, articles or things accepted by Logic LTS for carriage, storage or handling, including any container, pallet, packaging or equipment supplied by or on behalf of the Customer.
GST means goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
HVNL means the Heavy Vehicle National Law Act 2012 (Qld), as applied in each participating jurisdiction, and any related regulations or replacement legislation.
Loss means any damage, cost, expense or liability incurred, including Consequential Loss, unless expressly excluded in these Terms.
PPSA means the Personal Property Securities Act 2009 (Cth).
Personnel means the directors, officers, employees, contractors, subcontractors and agents of a party.
Services means the transport, storage, handling, logistics, or any other services provided by Logic LTS to the Customer, whether directly or through subcontractors.
2.2 In these Terms, unless the context requires otherwise:
(a) words importing the singular include the plural and vice versa;
(b) references to a person include a corporation, partnership, trust or other legal entity;
(c) headings are for convenience only and do not affect interpretation;
(d) references to laws include amendments, consolidations, or replacements of those laws;
(e) if there is any inconsistency between these Terms and any other document, these Terms prevail unless Logic LTS expressly agrees otherwise in writing.
Section 3 – Services Provided
3.1 Scope of Services
Logic LTS provides transport, storage, handling, logistics and related services as agreed with the Customer from time to time. The Services may include local, interstate or intrastate carriage, warehousing, cross-docking, container unpack, palletisation, order fulfilment, and any other associated activity undertaken by Logic LTS.
3.2 No Common Carrier
Logic LTS is not a common carrier and accepts no liability as such. All Goods are carried, stored and handled subject to these Terms only. Logic LTS reserves the right to refuse carriage, handling or storage of any Goods at its reasonable discretion.
3.3 Right to Subcontract
Logic LTS may subcontract the whole or any part of the Services to third parties on any terms it considers appropriate. Logic LTS remains responsible to the Customer for the performance of the Services by subcontractors as if performed by Logic LTS.
3.4 Delivery of Goods
(a) Delivery will be deemed complete when:
the Goods are delivered to the delivery address specified by the Customer, whether attended or unattended; or
the Goods are unloaded at a location nominated by the Customer; or
a delivery docket or receipt is signed by a person apparently in attendance at the delivery address.
(b) If the delivery address is unattended or access is not possible, Logic LTS may either:
leave the Goods at that location upon Customer’s approval (which will be deemed delivered); or
arrange secure storage and redelivery at the Customer’s cost.
3.5 Proof of Delivery
Logic LTS may charge a reasonable administrative fee for excessive or repeated requests for proof of delivery.
3.6 Indemnity for Loading and Unloading
Unless otherwise agreed, the Customer is responsible for ensuring safe and legal loading and unloading of Goods at both pickup and delivery locations and is liable for any resulting loss or damage, except where caused by Logic LTS’s negligence.
3.7 Instructions and Variations
(a) The Customer must provide accurate instructions regarding the nature of the Goods, handling requirements, delivery addresses, timeframes, and any restrictions.
(b) Logic LTS may, acting reasonably, deviate from the usual route or handling method if it considers it necessary or desirable in providing the Services.
(c) Any variation requested by the Customer after acceptance may result in additional charges.
3.8 Right to Suspend Services
Logic LTS may suspend or delay Services if:
the Customer is in breach of these Terms;
Logic LTS reasonably believes the Goods may be Dangerous Goods, unsafe, unlawful, or unsuitable for carriage; or
Logic LTS is prevented from performing due to a Force Majeure Event.
3.9 Safety and Site Rules
Logic LTS and its personnel will comply with all reasonable site rules, inductions, and safety requirements notified by the Customer, provided these are clearly communicated, lawful, and practical to implement.
The Customer must ensure such requirements are provided in advance (via full induction, site briefing, or clear on-site signage) so Logic LTS can comply without delay.
If site rules are unclear, inconsistent, or unsafe, Logic LTS may pause Services until clarification is provided, with any resulting costs chargeable to the Customer.
Section 4 – Customer Obligations
4.1 Accurate Information
The Customer must provide Logic LTS with full and accurate details of the Goods, including but not limited to their description, quantity, weight, dimensions, packaging, handling requirements, delivery instructions, and whether the Goods are Dangerous Goods.
4.2 Packaging and Suitability
(a) The Customer must ensure that all Goods are properly packed, secured, labelled and prepared for transport, handling and storage so that they can withstand the ordinary risks associated with the Services.
(b) Goods that are fragile, temperature sensitive, perishable or otherwise require special handling must be clearly identified in writing and prepared to industry standards.
(c) The Customer is responsible for providing any specialised equipment, lifting devices, permits or instructions required to safely transport or store the Goods.
4.3 Dangerous Goods
(a) The Customer must not tender Dangerous Goods without prior written consent from Logic LTS.
(b) If Logic LTS accepts Dangerous Goods, the Customer must provide all legally required documentation and safety information.
(c) If Dangerous Goods are tendered without consent, or if Logic LTS believes they pose a risk to people, property or the environment, Logic LTS may take any action reasonably necessary (including refusal, isolation or safe disposal) to protect people, property or the environment, with costs borne by the Customer.
4.4 Compliance with Laws
The Customer must ensure compliance with all applicable laws and regulations, including but not limited to:
the Heavy Vehicle National Law (HVNL) and Chain of Responsibility (COR) requirements;
workplace health and safety laws;
laws relating to Dangerous Goods, biosecurity, quarantine, and customs; and
any other applicable transport, storage or logistics regulations.
4.5 Loading and Unloading
(a) Unless otherwise agreed, the Customer is responsible for arranging, at its own cost, suitable labour, equipment and facilities for the loading and unloading of Goods.
(b) The Customer must ensure that loading and unloading occurs in a safe, legal and timely manner.
(c) Logic LTS may refuse to load or unload if, in its reasonable opinion, conditions are unsafe, and will not be liable for any delay, loss or cost resulting from such refusal.
4.6 Delivery Access
The Customer must ensure that Logic LTS has suitable and safe access to the collection and delivery locations, including compliance with all site rules, inductions and access requirements. Any additional costs incurred due to restricted or unsafe access are payable by the Customer.
4.7 Indemnity for Breach
The Customer is responsible for losses arising from inaccurate information, inadequate packaging, failure to declare Dangerous Goods, or non-compliance with laws, except where caused by Logic LTS’s negligence, including without limitation:
inaccurate or incomplete information provided by the Customer;
defective or inadequate packaging of the Goods;
failure to declare Dangerous Goods;
breach of WHS, COR or other applicable laws;
unsafe or delayed loading or unloading; or
contamination, spillage or damage caused by the Goods.
4.8 WHS and COR Auditing
The Customer must permit Logic LTS (on reasonable notice) to audit compliance with Chain of Responsibility and Workplace Health and Safety obligations at any relevant site. The Customer must promptly provide requested records, certifications or reports relating to Goods, loading, fatigue management or site safety.
4.9 Environmental and Safety Standards
The Customer must provide safe, lawful, and environmentally responsible access to collection and delivery points, including clear signage or instructions where relevant.
Both parties will act in a manner that minimises risk to people, property, and the environment during the handling, storage, or transport of Goods.
The Customer indemnifies Logic LTS for any loss, injury, or environmental harm caused by unsafe site conditions, except where caused by Logic LTS’s negligence.
Section 5 – Dangerous Goods and Restricted Items
5.1 Disclosure Requirement
The Customer must not tender Dangerous Goods to Logic LTS without prior written approval. Full disclosure must be made at the time of booking, including the UN number, proper shipping name, class, packing group, emergency contact details, and any special handling instructions.
5.2 Acceptance at Discretion
Logic LTS may, at its reasonable discretion, agree to accept Dangerous Goods subject to conditions it imposes, including additional charges, special equipment requirements, and compliance with all relevant laws and standards.
5.3 Improper Tender
If the Customer tenders Dangerous Goods without Logic LTS’s prior written approval, or if in Logic LTS’s reasonable opinion the Goods are unsafe, unsuitable, misdeclared, improperly packaged, or likely to cause damage, Logic LTS may at the Customer’s cost and risk:
(a) refuse to carry or store the Goods;
(b) return the Goods to the Customer;
(c) isolate, detain, destroy, or render the Goods harmless; or
(d) take any action reasonably necessary to protect people, property, or the environment.
5.4 Restricted Items
Logic LTS does not carry:
(a) firearms, explosives or prohibited weapons;
(b) cash, bullion, negotiable instruments or securities;
(c) live animals;
(d) human remains; or
(e) any other items prohibited by law.
5.5 Customer Indemnity
The Customer indemnifies Logic LTS against any loss, damage, cost, penalty, fine, claim or liability arising directly or indirectly from the transport, storage or handling of Dangerous Goods or Restricted Items, whether declared or undeclared, except to the extent caused by Logic LTS’s negligence.
Section 6 – Charges, Invoicing and Payment
6.1 Charges
(a) All Services are provided at the rates and charges agreed between Logic LTS and the Customer from time to time.
(b) Unless expressly stated otherwise, all charges are exclusive of GST, fuel levies, tolls, duties, taxes and any other applicable fees. These amounts will be added to invoices where applicable and are payable by the Customer.
(c) Charges are earned when the Goods are loaded for carriage or accepted into storage, whether or not the Goods are ultimately delivered, lost or damaged.
6.2 Quotations
(a) Any quotation provided by Logic LTS is valid only for the period stated in the quotation and may be withdrawn or varied at any time prior to acceptance.
(b) A quotation is not an offer and does not bind Logic LTS until confirmed in writing or by performance of the Services.
6.3 Invoices and Payment Terms
(a) Logic LTS will issue tax invoices for Services provided, typically on a weekly basis.
(b) All invoices are payable strictly within seven (7) days from the date of invoice, unless otherwise agreed in writing.
(c) Payment must be made in full without deduction, set-off or counterclaim.
6.4 Credit Facilities
(a) Credit limits are negotiable between Logic LTS and the Customer.
(b) Logic LTS may vary, suspend or withdraw any credit facility at its reasonable discretion and may require immediate payment of all outstanding amounts.
6.5 Late Payment
(a) If any invoice remains unpaid after the due date, overdue accounts may attract interest at 15% p.a. (calculated daily, compounding monthly) until paid in full.
(b) Logic LTS may also suspend Services, exercise a lien over Goods, or commence legal proceedings to recover the debt.
6.6 Additional Costs
The Customer must reimburse Logic LTS for all costs, expenses and charges reasonably incurred by Logic LTS in providing the Services, including but not limited to:
tolls, port charges, customs duties, excises and government charges;
storage, redelivery or detention charges caused by the Customer’s delay or inaccuracy;
pallet hire fees, equipment hire fees or handling surcharges;
costs of complying with any legal or regulatory requirement relating to the Goods.
6.7 Recovery Costs
The Customer must pay all costs of enforcement, recovery and legal action (including legal fees on a solicitor–client basis and mercantile agent fees) incurred by Logic LTS in recovering overdue amounts.
6.8 Pallets and Equipment
Unless otherwise agreed, all pallets, stillages, containers or other equipment provided by Logic LTS remain its property. The Customer must return them promptly, in good condition, or pay Logic LTS’s standard hire or replacement charges. If not returned or returned damaged, replacement costs may be charged at current market rates.
Section 7 – Lien and Security Interests
7.1 General Lien
All Goods are accepted subject to a general lien for all charges due or that may become due to Logic LTS from the Customer, whether in respect of the Goods or any other goods handled, stored or transported by Logic LTS for the Customer.
7.2 Right to Retain and Sell Goods
If any charges remain unpaid, Logic LTS may at its option:
(a) retain possession of the Goods until all amounts due are paid in full;
(b) after 7 days’ written notice, Logic LTS may sell or otherwise dispose of Goods in a commercially reasonable manner and apply proceeds toward unpaid charges, with any shortfall recoverable from the Customer. Logic LTS may apply proceeds first to reasonable costs of sale and enforcement, then to unpaid charges, with any surplus (if any) remitted to the Customer.; and
(c) recover from the Customer any deficiency following such sale or disposal.
7.3 Customer Risk
All Goods held under lien are at the sole risk of the Customer. Logic LTS will not be liable for any loss, damage or deterioration of the Goods during the period of retention, except to the extent caused by Logic LTS’s negligence.
7.4 Security Interest under PPSA
(a) The Customer grants to Logic LTS a security interest in the Goods and any proceeds of sale of the Goods to secure payment of all amounts owing under these Terms.
(b) The Customer consents to Logic LTS registering its security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) and agrees to do all things reasonably required by Logic LTS to ensure the security interest is perfected and enforceable.
(c) To the extent permitted by law, the Customer waives its rights to receive any notices, statements or verification statements under the PPSA.
7.5 Continuing Obligation
The lien and security interest created under this section are continuing rights and survive delivery of the Goods until all monies owed to Logic LTS have been paid in full.
Section 8 – Risk and Insurance
8.1 Risk in Goods
(a) All Goods remain at the Customer’s risk at all times while in the custody, possession or control of Logic LTS, except to the extent of Logic LTS’s liability under these Terms.
(b) Risk transfers to Logic LTS only to the extent expressly required by law or as expressly agreed in writing.
8.2 Customer Insurance
(a) The Customer is solely responsible for arranging insurance for the Goods for their full insurable value, including transit and storage.
(b) Logic LTS is not obliged to arrange insurance unless expressly agreed in writing. If it does, Logic LTS acts solely as the Customer’s agent and is not liable for the scope, adequacy or enforceability of that insurance. Customers are strongly encouraged to arrange full insurance; unless otherwise agreed in writing, Logic LTS will not be liable for uninsured losses.
8.3 Optional Coverage
(a) Logic LTS may, at its discretion and subject to additional charges, agree to arrange optional coverage on behalf of the Customer.
(b) Any optional coverage is subject to separate negotiation, terms and conditions, and may be limited to specified risks or amounts.
8.4 Liability Cap
(a) To the maximum extent permitted by law and subject to clauses 8.5 and 8.6, Logic LTS’s liability for loss of, damage to or deterioration of Goods is limited to the lesser of:
the actual loss or damage sustained; or
two thousand Australian dollars (AUD $2,000) per incident, unless otherwise agreed in writing.
(b) This limitation applies regardless of the value, condition, or nature of the Goods, unless otherwise agreed in writing. Customers should ensure they hold appropriate insurance cover.
8.5 Exclusions
Logic LTS will not be liable for:
(a) ordinary leakage, shrinkage, evaporation or ordinary loss in weight or volume;
(b) deterioration, spoilage or contamination due to the nature of the Goods;
(c) loss, damage or delay caused by Force Majeure Events;
(d) consequential loss, including loss of profit, revenue, contract, opportunity or goodwill; or
(e) any loss arising from defective or inadequate packaging, improper handling instructions, or misdeclaration of the Goods.
8.6 No Limitation for Wilful Misconduct
The liability cap in clause 8.4 does not apply to loss or damage caused by Logic LTS’s wilful misconduct, fraud or criminal conduct.
Section 9 – Liability and Indemnity
9.1 General Limitation
Except as required by law or expressly set out in these Terms, Services are provided at the Customer’s risk, and Logic LTS’s liability is limited as outlined. Logic LTS’s liability is limited as outlined in these Terms and does not extend beyond those limits.
9.2 Consequential Loss
Logic LTS will not be liable for any consequential loss suffered by the Customer, including loss of profits, loss of opportunity, loss of business, loss of goodwill, or any other indirect or special damages, whether or not foreseeable.
9.3 Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law (ACL) or any other law that cannot be excluded, restricted or modified by agreement. To the extent permitted by law, Logic LTS’s liability for breach of a consumer guarantee under the ACL is limited, at Logic LTS’s option, to:
(a) the resupply of the Services; or
(b) payment of the cost of having the Services resupplied.
9.4 Customer Indemnity
The Customer indemnifies and must keep indemnified Logic LTS, its directors, officers, employees, subcontractors and agents from and against all loss, liability, damages, costs and expenses (including legal costs on a solicitor–client basis) arising directly or indirectly out of or in connection with:
(a) any breach of these Terms by the Customer;
(b) any act or omission of the Customer, its officers, employees, contractors or agents;
(c) any claim by a third party arising from the Goods or their transport, storage or handling;
(d) contamination, leakage, spillage or damage caused by the Goods;
(e) the presence of Dangerous Goods or Restricted Items, whether declared or undeclared; or
(f) any detention, demurrage or storage costs caused by the Customer.
9.5 Limitation of Indemnity
The indemnity in clause 9.4 does not apply to the extent that the loss, liability, damage, cost or expense is caused by the wilful misconduct or gross negligence of Logic LTS.
Section 10 – Claims and Time Limits
10.1 Notification of Claims
(a) If the Customer believes Logic LTS is liable for loss, damage or delay, the Customer must notify Logic LTS in writing within:
forty eight (48) hours of delivery for Goods alleged to be lost or damaged in transit; or
forty eight (48) hours of collection for Goods alleged to be lost or damaged while in storage.
(b) The notice must include sufficient details of the Goods, the nature of the loss or damage, and supporting evidence.
10.2 Inspection Rights
The Customer must allow Logic LTS a reasonable opportunity to inspect the Goods within a reasonable time after notification of a claim.
10.3 Commencement of Proceedings
To the extent permitted by law, Logic LTS will be discharged from all liability unless legal proceedings are commenced within:
(a) six (6) months from the date of delivery for claims relating to transport; or
(b) twelve (12) months from the date of removal or attempted removal from storage for claims relating to storage.
10.4 Condition Precedent
Compliance with the notification and limitation periods in this Section 10 is a condition precedent to any right of the Customer to claim against Logic LTS.
Section 11 – Default and Termination
11.1 Events of Default
The Customer is in default if:
(a) any charges or other amounts payable to Logic LTS are not paid when due;
(b) the Customer breaches these Terms and fails to remedy the breach within ten (10) days of written notice;
(c) the Customer suffers an insolvency event. An insolvency event occurs if the Customer:
– is unable to pay its debts as and when they fall due; or
– enters into administration, liquidation, receivership, or any arrangement, compromise or assignment with creditors; or
– has an administrator, controller, trustee or similar officer appointed over any of its assets or undertaking; or
– suffers any analogous event in any jurisdiction; or
(d) the Customer’s ownership, control or business operations are materially altered without Logic LTS’s prior written consent.
11.2 Consequences of Default
If the Customer is in default, Logic LTS may, without prejudice to its other rights and remedies:
(a) suspend performance of the Services;
(b) refuse to release Goods in its possession until all amounts owing are paid in full;
(c) enforce its lien and security interests under Section 7;
(d) immediately terminate the Agreement by written notice; and
(e) declare all amounts owing by the Customer to Logic LTS, whether due for payment or not, immediately payable.
11.3 Termination for Convenience
Logic LTS may terminate the Agreement or any part of the Services on seven (7) days’ written notice to the Customer, without liability, if continued performance is impractical, unlawful, or commercially unviable.
11.4 Termination by Customer
The Customer may terminate the Agreement by giving thirty (30) days’ written notice if Logic LTS materially breaches these Terms and fails to remedy the breach within that period.
11.5 Survival
Termination of the Agreement does not affect accrued rights or obligations, and Sections relating to Charges, Liability, Indemnity, Lien, Privacy, and Governing Law survive termination.
Section 12 – Force Majeure
12.1 Definition
A Force Majeure Event includes, without limitation, fire, flood, storm, earthquake, natural disaster, pandemic, epidemic, industrial dispute, war, terrorism, sabotage, cyberattack or cyber sabotage (including ransomware), malicious damage, act or order of government, fuel shortage, utility or communications outage, accident or breakdown of plant, machinery or equipment, serious safety or environmental hazard, and any other event beyond the reasonable control of Logic LTS.
12.2 Suspension of Obligations
If Logic LTS is wholly or partially prevented or delayed from performing the Services or complying with its obligations under these Terms due to a Force Majeure Event, those obligations are suspended for the duration of the event and to the extent of its effect.
12.3 Notice
Logic LTS will use reasonable efforts to notify the Customer of the occurrence of a Force Majeure Event and the expected impact on performance.
12.4 Termination for Extended Event
If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the Agreement by written notice, without liability for such termination.
12.5 Customer Charges
The Customer remains responsible for all charges incurred in respect of Services performed or Goods handled prior to or during the Force Majeure Event, and for any additional costs reasonably incurred by Logic LTS in protecting, handling or storing Goods during such event.
Section 13 – Privacy and Credit Reporting
13.1 Privacy Compliance
Logic LTS will handle personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy, as amended from time to time. By engaging Logic LTS, the Customer consents to the collection, use and disclosure of personal information as set out in this Section 13.
13.2 Credit Reports
The Customer authorises Logic LTS to:
(a) obtain credit reports containing personal or commercial credit information about the Customer from a credit reporting agency;
(b) use any information obtained to assess the Customer’s creditworthiness, monitor credit, or collect overdue payments; and
(c) disclose information about the Customer to other credit providers, trade referees, bankers, financiers, insurers, mercantile agents, solicitors, and debt collection agencies for these purposes.
13.3 Disclosure of Defaults
Logic LTS may disclose to a credit reporting agency information about the Customer’s default in payment, subject to compliance with the Privacy Act 1988 (Cth). This information may be used by the credit reporting agency to create or update credit reports on the Customer.
13.4 Trade References and Verification
The Customer consents to Logic LTS contacting trade referees and other credit providers for the purpose of obtaining or verifying information about the Customer’s credit standing.
13.5 Guarantors
Where an individual has provided a personal guarantee, that individual consents to Logic LTS obtaining and using personal information about them in the same manner as set out in this Section 13.
13.6 Default Reporting
The Customer consents to Logic LTS disclosing details of any payment default to credit reporting bodies in accordance with the Privacy Act 1988 (Cth). This may affect the Customer’s ability to obtain future credit.
Section 14 – Governing Law and Jurisdiction
14.1 These Terms are governed by the laws of New South Wales, Australia.
14.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
14.3 The Customer agrees not to object to the jurisdiction of those courts on any basis, including forum non conveniens.
Section 15 – General Provisions
15.1 Entire Agreement
These Terms, together with any credit application, quotation, consignment note, or other document expressly incorporated by reference, constitute the entire agreement between Logic LTS and the Customer. All prior negotiations, representations, understandings or arrangements are superseded.
15.2 Amendments
Logic LTS may amend these Terms by providing the Customer with not less than fourteen (14) days’ written notice. Continued use of the Services after the effective date of any amendment constitutes acceptance of the amended Terms.
15.3 Assignment
The Customer may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of Logic LTS. Logic LTS may assign or subcontract its rights and obligations under these Terms at any time.
15.4 Waiver
No failure, delay or omission by Logic LTS to exercise any right under these Terms will operate as a waiver of that right. A waiver must be in writing and signed by an authorised officer of Logic LTS.
15.5 Notices
Any notice required or permitted under these Terms must be in writing and delivered by hand, email or prepaid post to the recipient’s last known business address or email address. Notices are deemed received:
(a) if delivered by hand – at the time of delivery;
(b) if sent by prepaid post – two (2) Business Days after posting;
(c) if sent by email – when the email leaves the sender’s server, provided the sender does not receive a delivery failure notice. If the email is sent outside Business Hours at the recipient’s location, it is deemed received at 9:00am on the next Business Day.
15.6 Severability
If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions continue in full force and effect.
15.7 Survival
Clauses relating to Charges, Liability, Indemnity, Lien and Security Interests, Privacy, Governing Law and any other provision which by its nature is intended to survive termination, will remain in effect after termination or expiry of the Agreement.