1. About these terms
This website and these Terms of Service are operated by Houda Trading Pty Ltd (ABN ), an import, export and trading company based in Melbourne VIC, Australia ("Houda Trading", "we", "us" or "our"). By accessing our website, requesting a quotation, placing an order or otherwise engaging our services, you agree to be bound by these Terms of Service. If you do not agree, please do not use the website or our services.
2. Our services
Houda Trading Pty Ltd provides import, export and trading services, including sourcing and supply of goods, supplier and buyer coordination, freight and logistics coordination, customs documentation support and related trade advisory services. The specific scope of services, goods, quantities, prices and delivery terms for any engagement will be set out in a written quotation or order confirmation issued by us.
3. Quotations and orders
- Quotations issued by us are valid for the period stated in the quotation, or 14 days if no period is stated, and are subject to product availability and currency exchange movements.
- A quotation is an invitation to trade and does not constitute a binding offer until we issue a written order confirmation.
- An agreement is formed only when we accept your order in writing. We may decline any order, in whole or in part, at our discretion.
- You are responsible for the accuracy of specifications, quantities, delivery addresses and compliance requirements you provide to us.
4. Prices and payment
- Prices are stated in Australian dollars (AUD) unless otherwise agreed in writing, and are exclusive of freight, insurance, duties, customs charges and other third-party costs unless expressly included.
- Invoices are payable within 14 days of the invoice date unless alternative terms are agreed in writing.
- We may require a deposit or advance payment before commencing work or placing orders with suppliers.
- Overdue amounts may attract interest at a reasonable commercial rate, and we may suspend deliveries or services while payment remains outstanding.
- You must not withhold payment or set off amounts against invoices except as permitted by law or agreed by us in writing.
5. Goods and services tax (GST)
Unless otherwise stated, amounts are exclusive of GST. Where a supply is a taxable supply for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (Cth), GST is payable in addition to the price, and we will issue a tax invoice where required.
6. Delivery, risk and title
- Delivery dates are estimates only. International shipping, customs clearance, port congestion, weather and supplier lead times can cause delays, and we are not liable for delays outside our reasonable control.
- Risk in goods passes to you on delivery to the address you nominate, or on collection by or for you, unless otherwise agreed in writing under agreed Incoterms.
- Legal and equitable title in goods supplied remains with us until we receive full payment for those goods and any other amounts owing, except that risk passes as described above.
- You must inspect goods on delivery and notify us of any shortage, damage or non-conformity within a reasonable time, and in any case within 7 days of delivery.
7. Consumer guarantees
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. Where we cannot lawfully exclude such guarantees, our liability for a failure to comply is limited, to the extent permitted by law, to one or more of the following at our election:
- in relation to goods: the replacement or resupply of the goods, the repair of the goods, or the payment of the cost of replacement, resupply or repair;
- in relation to services: the resupply of the services, or the payment of the cost of having the services supplied again.
If you acquire goods or services for personal, domestic or household purposes, and it is not fair or reasonable for us to rely on the above limitations, those limitations do not apply.
8. Warranties and disclaimers
Subject to section 7, the website and our services are provided on an "as is" basis. To the maximum extent permitted by law, we disclaim all other representations, warranties and conditions, whether express or implied, including fitness for a particular purpose and uninterrupted availability of the website. Product specifications, origin, compliance and certification requirements must be confirmed by you before ordering, and we are not responsible for your regulatory obligations as importer, exporter or end user.
9. Limitation of liability
To the maximum extent permitted by law, and except as set out in section 7, Houda Trading Pty Ltd is not liable for any indirect, incidental, special or consequential loss or damage, loss of profit, loss of revenue, loss of business opportunity or loss of data arising from or connected to the website or our services. Our total aggregate liability for any claim arising from an order or engagement is limited to the amount you actually paid to us for the goods or services giving rise to the claim.
10. Indemnity
You indemnify us, and hold us harmless, against all claims, losses, liabilities, costs and expenses (including reasonable legal costs) arising from your breach of these Terms of Service, your breach of any law relating to the import, export, sale or use of goods, or any inaccurate information or specifications you provide to us.
11. Force majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, pandemics, war, strikes, shipping disruptions, port closures, government action, currency restrictions or failures of suppliers, carriers or utilities.
12. Intellectual property
All content on this website, including text, branding, layout and imagery, is owned by or licensed to Houda Trading Pty Ltd and is protected by Australian and international intellectual property laws. You may view and print pages for your own business evaluation purposes only. You must not reproduce, republish or exploit any content without our prior written consent.
13. Acceptable use of the website
When using this website, you must not attempt to gain unauthorised access, interfere with the website's operation, introduce malicious code, scrape content in bulk, or use the website in any way that breaches applicable laws, including Australian sanctions and customs laws.
14. Confidentiality
Each party must keep confidential all non-public commercial information disclosed by the other party, including pricing, supplier details and trade routes, and use such information only for the purposes of the engagement, unless disclosure is required by law or the information is publicly available through no breach of these terms.
15. Suspension and termination
We may suspend or terminate any engagement, or your access to the website, immediately if you fail to pay amounts when due, breach these Terms of Service materially, become insolvent, or if we are required to do so by law. You may terminate an engagement before delivery only with our written agreement and on payment of costs reasonably incurred up to that date.
16. Governing law and disputes
These Terms of Service and any engagement with us are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation, allowing 14 days from written notice of the dispute.
17. Privacy
Our collection, use and handling of personal information is described in our Privacy Policy, which forms part of these Terms of Service.
18. Changes to these terms
We may update these Terms of Service from time to time. The current version will always be published on this page with a revised "Last updated" date. Continued use of the website, or acceptance of a quotation or order confirmation that references these terms, constitutes acceptance of the current version. The terms applicable to a particular order are those in force when we issue the order confirmation.
19. Severability
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.
20. Contact
Questions about these Terms of Service can be directed to Houda Trading Pty Ltd by email at ceo@houdatradingau.space, or via our contact page. Our registered office is in Melbourne VIC, Australia, and our ABN is recorded with the Australian Business Register.