PostNet Ship-Online Service Terms & ConditionsPlease read What you can send online ?
1. SERVICE & PRICE
1.1 POSTNET Ship-Online involves an express courier delivery service under which we collect your packed Goods from your premises and deliver them to the destination address nominated by you. In some remote locations (e.g. rural properties and addresses outside of large regional towns) delivery to the door is not possible and will require the recipient to collect the Goods at a local depot.
1.2 The Ship-Online service involves an automated ordering system and books the collection of your packed Goods on the business day requested by you. If this automated collection fails you must contact the POSTNET Business Centre whose details appear on your Tax Invoice, where an alternative collection arrangement will be booked.
1.3 In addition to the delivery charge, we may charge you surcharges and fees as published in the Surcharge List on our website. Surcharges are applied against your credit card or PayPal account used to complete the automated Ship-Online booking. The following surcharges apply to Ship-Online:
a. Correct Weight/Dimensions Charge: applies when the weight or dimensions of your packed Goods reweighed or remeasured and they are calculated as being different to that which you stated during the online booking.
b. Prohibited Item Return Charge: applies to any items that are classified as a Prohibited Item on our website but is booked by you through the automated Ship-Online system. If we deem during the act of transportation that your item is a Prohibited Online Good then such items will be held by us for collection by you or may be returned to you.
c. Booking Alteration Charge: applies to any alteration you request to the booking of your automated Ship-Online, such as a change of a delivery address.
d. Cancellation Charge: applies when a Ship-Online booking is cancelled.
e. Futile Booking Charge: will be charged if no-one is available to despatch the Goods on your nominated pickup date; if the driver refuses pickup because the required POSTNET Ship-Online labels are not attached to your packed Goods; if the driver refuses pickup because the Goods are not packaged correctly for transport; if you will not release the Goods to the driver on your nominated pickup date.
f. Waiting Despatch Charge: applicable in respect of any delays in excess of 10 minutes in loading your Goods other than from the default of us. Such permissible delay period commences from the driver reporting for loading the Goods.
g. Re-delivery charge: will apply where an initial attempt to deliver a consignment fails and is returned to our depot for further processing requiring a subsequent delivery or customer pick-up from a Service Centre or Depot on another Working Day.
h. Return Charge: It is the responsibility of the customer when using the Ship-Online to track the delivery of the Goods through our website and ensure there are no delivery issues. If delivery of your Goods has been attempted to the nominated address, but delivery cannot be completed to the recipient, then your Goods may be returned to you and you will be charged for the return delivery.
i. Proof of Delivery Charge: It is the responsibility of the customer when using the Ship-Online to track the delivery of the Goods through our website using your assigned Ship-Online tracking number. If you require a hard copy Proof of Delivery a surcharge will apply.
j. Packaging Service Charge: Applicable packaging charges as quoted by POSTNET may apply when the Goods are not packaged correctly for transport.
k. Storage Charge: applies in circumstances where you elect to consign your packed Goods for delivery to the nearest POSTNET Business Service Centre at its intended destination in order for the recipient to conveniently collect the Goods during Service Centre opening hours. If the Goods are not collected within 3 Working Days from the date the POSTNET Business Service Centre advises you of receipt then you must pay a storage fee for each day the Goods remain uncollected.
2. PROHIBITED ITEMS
2.1 Prohibited Ship Online Goods are items classified by POSTNET as being incompatible for transport through our automated Ship-Online system. If you have such goods, phone POSTNET and speak to an expert at one of our Business Service Centres.
2.2 Please ensure that your goods are not Prohibited Ship Online Goods before you book your automated Ship-Online order as surcharges do apply under our Terms & Conditions if we collect such goods.
2.3 Failure to abide with this demand may result in your being prosecuted by the relevant authorities and imprisonment and/or severe fines may arise.
2.4 All of the items listed below are strictly prohibited from shipment and must never be shipped through our services. Prohibited Ship Online Goods that cannot be sent through the automated Ship-Online are:
a. Goods that are not properly packed with the outer packaging and internal cushioning sufficient to protect the goods for shock, vibration, compression and short drops during the handling and sortation process, transport and storage.
b. Any single parcel that has an actual weight in excess of 30kg.
c. Human or animal remains or ashes
d. Illegal goods
e. Firearms, weapons or any item than could be used as a weapon, explosive devices, ammunition, or any parts hereof.
f. Wine/spirits and beer
g. Dangerous Goods (e.g. aerosol cans, flammable items, toxic gases, explosives etc.)
h. Goods containing oil and fuel
i. Antiques, Paintings and works of art
j. Jewellery, gold or silver articles and precious stones or items containing gold, silver or precious stones
k. Lithium or Metal Batteries or products containing these batteries, and sealed or gel batteries
l. Livestock or animals and Live or dead plants, trees, seeds & flowers
m. Frozen or chilled meat, seafood or foodstuffs
n. Deeds and/or securities and/or treasury notes and/or any other cash equivalents.
o. Coins, bullion, cash, bonds, banknotes, deeds, bills of exchange, credit cards, gift cards, other documents representing money, negotiable items.
p. Unpackaged Goods
q. Any consignment that has a value in excess of $2,000.
2.5 POSTNET will not accept any materials and products that may be dangerous or hazardous to handling staff.
3. YOUR WARRANTY & INDEMNITY
3.1 You warrant that:
a. you are the owner or the authorised agent of the person(s) owning or having an interest in the Goods and have full power, capacity and authority to agree to these conditions with respect to the Goods and to deal with the Goods or any part thereof as contemplated by these conditions (including to send the Goods to the Receiver); and you accept these conditions for yourself and as authorised agent for the Receiver and for any person having an interest in the Goods or for whom you are acting;
b. all the Goods are or will be accurately described in the Consignment Note, accurately marked, addressed and appropriately packed having regard to the nature of the Goods and suitable for the Services with ordinary care in handling;
c. you will fully declare all Dangerous Goods;
d. you will comply with all your obligations under the Aviation Transport Security Laws and provide all information and do all acts necessary for us to comply with our obligations under them;
e. all applicable customs, import, export and other laws and regulations of all countries to, from, through or over which the Goods may pass have been complied with, including procuring the payment of destination duties and taxes by the Receiver; and
f. where you are not the Sender, you must satisfy yourself that the Sender has done everything necessary to ensure that you do not breach any of the warranties under these conditions.
3.2 Adherence (and the compliance of your consignments and documentation) to all laws and regulations relating to Dangerous Goods remain entirely your responsibility at all times. You agree to indemnify us for any liability whatsoever arising out of or as a result of your failure to comply with any law or regulations relating to Dangerous Goods.
3.3 You will be liable for and will indemnify us against all loss, claims, damages, fines, expenses, demands or liabilities arising directly or indirectly from:
a. your breach of any of your obligations, warranties, representations and guarantees set out in these conditions;
b. your breach of any applicable legislation (including but not limited to legislation relating to chain of responsibility and dangerous goods);
c. any negligent act or omission by you (or of your officers, employees, agents, contractors or subcontractors);
d. the illness, injury or death of any of your officers, employees, agents, contractors or subcontractors in connection with the provision of the Services;
e. any claim or demand relating to the Goods or the Services brought by, or liability to, the Receiver, Sender, owner or any other person who has or claims to have or may have an interest in the Goods.
4. OUR RIGHTS
4.1 We may complete for you any documents required to comply with any laws and act as your forwarding agent representing the Courier Service Provider, entry and export control purposes and you will pay any additional charges as advised by us.
4.2 We may abandon or release any Goods which are unacceptable for service, which you undervalue for customs purposes or are mis-described, without any liability to us.
4.3 We may, either in your name as principal or in our name as your agent, and at your sole cost and expense, enter into and perform contracts to:
a. use any Sub-Contractors or any Courier Service Provider to carry out the whole or any part of the Services;
b. use any Packaging in which the Goods may be placed or packed;
c. give any receipt for the Goods or any Packaging on your behalf may be made subject to the terms and conditions of any bill of lading, any form or contract of carriage, whether by sea, rail, road or air, as the case may be.
4.4 We may open, inspect and examine any document, wrapping, package or other container of the Goods to determine their nature, condition, ownership or destination without any liability to you.
4.5 We may dispose any uncollected or undeliverable Goods 60 days after making reasonable efforts to contact you and will not be required to account to you for the disposal of the Goods unless required to do so by legislation.
4.6 We may accept for the purpose of the Services some Dangerous Goods, provided you have first provided to us a Dangerous Goods Declaration.
4.7 If required by law, we may immediately destroy, dispose of, abandon or render harmless Dangerous Goods without first seeking your permission, without compensation to you and without prejudicing our rights to any Charges payable by you for the Services. Upon our request you must instruct us on the proper method of disposal and indemnify us for the costs incurred for disposal of such Dangerous Goods.
5. OUR LIABILITY
5.1 We are not a common carrier and will accept no liability as such. We reserve the right to refuse the carriage or transport of articles for any individual, firm or company and the transport of any articles at our discretion.
5.2 Subject to condition 6 below, all Services supplied by POSTNET are at your risk, subject only to the application of the Competition and Consumer Act 2010 and the Australian Consumer Law if applicable.
5.3 Unless otherwise expressly agreed in writing or our Services are subject to the Transit Warranty conditions, we will be under no liability in tort or contract or otherwise for any loss of or damage to or failure to deliver or delay in delivery of Goods, either in handling, packing, or in transit or in storage and whether caused by our negligence, wrongful act or default or by any other cause whatsoever. We will also be under no liability for loss, damage or injury to any person, property or thing during the provision of the contracted services, nor for any loss consequently or otherwise arising from any such loss, damage or injury, whether caused by our negligence, wrongful act or default or by any other cause whatsoever.
5.4 To the extent permitted at law and under the Competition and Consumer Act 2010, our liability arising out of any one incident whether or not there has been any declaration of value of the goods, for breach of guarantee implied into these Terms and Conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by us: (a) the supplying of the service again; or (b) the payment of the cost of having the services supplied again.
6. TRANSIT WARRANTY
6.1 Insurance is not included in the Charges. You are solely responsible for taking out and keeping current (at your own cost), all such insurances in respect of the Goods and the Services.
6.2 We offer a Transit Warranty service to protect your consignments against loss or damage whilst in our care. Two Transit Warranty Covers are currently available for you to select at rates appearing on our website:
a. Automatic Cover – for a Transit Warranty Limitation Amount of $100; or
b. Optional Cover – additional fee of $50 (plus GST) per consignment of coverage amount up to $1,000 cover value declared by you on the Consignment Note.
6.3 The "Transit Warranty Limitation Amount" means the maximum amount that can be claimed under the Transit Warranty pursuant to the Cover selected by you before commencement of the Services.
6.4 Any requests for Transit Warranty greater than $1,000 would need to be authorised by POSTNET in writing before the Goods are consigned. Sender requires to purchase third party Insurance.
6.5 This guarantee does not invalidate any other conditions of contract applicable and our standard conditions of contract should be read as ancillary to these conditions rather than in place of them. This is a limited guarantee and no other guarantee, warranty or responsibility is implied. Please refer to our conditions of contract on the reverse side of our Consignment Notes.
6.6 Excluded from this guarantee are consignments late by reason by fire, flood, collision, rollover, air disaster, air schedule changes, industrial stoppage, delay caused by you, the Sender or the Receiver or any other Force Majeure or major attributable incident of this nature.
6.7 This guarantee applies only to consignments that are generated using a POSTNET compliant despatch system with accurate and complete consignment note data transmitted to us on the day of despatch. Handwritten or pre-printed consignments are excluded from this guarantee.
6.8 This guarantee does not apply to private resident address deliveries.
7.1 Claim for refund must be made by you to the POSTNET Business Centre within seven (7) days of delivery, and must be accompanied by all consignment details (including Sender and Receiver names, dates, Consignment Note number) in writing.
7.2 Freight Charges only will be refundable in the event of a valid claim. No other Charges will be refunded.
7.3 Claims for Late Delivery will not be recognised where the Goods tendered for carriage are Dangerous Goods.
7.4 Only the payee of a consignment and not any third party (including a Sender or a Receiver where the Sender or Receiver is not the payee of the consignment), may make a claim against us under the Transit Warranty.
7.5 We will be discharged of all liability unless notice of loss or damage is given to us within 7 days of delivery of the Goods or of the date by which non-delivered Goods should have been delivered and suit is brought in the proper forum and written notice thereof received by us.
8. GENERAL TERMS
8.1 We may change these conditions at any time by providing notice to you either electronically or in writing. If you continue to use our Services after notification to you of changes to these conditions, you are deemed to have accepted those changes.
8.2 These conditions are governed by the laws of New South Wales, Australia and any proceedings against us must be brought in New South Wales, Australia only.
8.3 If any part of a condition or our contract is illegal, unenforceable or invalid, it is to be treated as removed from these Conditions, but the remainder of the Conditions are not affected.
POSTNET has a number of surcharges relating to the Ship-Online Service that may be applicable in addition to the delivery charge (refer clause 1.3 of our Terms and Conditions). All fees and surcharges are quoted in Australian dollars and are inclusive of GST (where applicable). POSTNET reserves the right to introduce new and/or vary its surcharges from time to time.
Correct Weight/Dimensions Charge
Applicable transport charge for the additional chargeable weight to the destination, plus a surcharge of $20 per item.
Prohibited Item Return Charge
Forfeit of the cost of the booking charges paid for the transport of the Prohibited Online Goods plus any additional transport charges applicable for having the Goods returned to you.
Booking Alteration Charge
$20, plus any additional transport charge that may be applicable as a result of a change in destination.
$20. A full refund may be given up until the time the consignment is despatched. After despatch, you forfeit of the cost of the booking charges paid plus any additional transport charges applicable for having the Goods returned to you.
Futile Booking Charge
Waiting Despatch Charge
$0.00 to 10 minutes then $60 per hour charged in 5 minute increments.
$20 for each re-delivery until delivery is completed. Fee applies where an initial attempt to deliver a consignment fails and is returned to our depot for further processing requiring a subsequent delivery or customer pick-up from a Service Centre or Depot.
Applicable transport charge for the return delivery.
Proof of Delivery Charge
$10 for each hard copy of a Proof of Delivery requested per consignment.
Packaging Service Charge
Applicable packaging charges as quoted by POSTNET.
$2.00 per item per day for each day the Goods remain uncollected.
These Terms and Conditions (“Conditions”) governing the supply of Services being the whole of
the operations undertaken by PostNet in relation to the goods, including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding, customs clearance, consolidation and deconsolidation (“Services”) by PostNet and related Corporations (PostNet Business Centres.) its successors and assigns, its servants, officers, agents and subcontractors and any subcontractors of subcontractors (collectively the “Carrier”) to its Customers, whether a person or an entity or being either the shipper, consignor, the owner of the goods, consignee, receiver or their respective authorised agent (“Customer”). Except as agreed in writing by a duly authorised officer of PostNet, no other Conditions (including Terms and Conditions that may appear on a purchase order form, service level agreement or other document issued by a Customer) will be binding on PostNet. PostNet may at any time amend these Conditions, which will take effect after notification to the Customer and will apply to the provision of all future services. The Customer acknowledges that notification includes publication by PostNet of the Conditions on its website www.postnet.com.au (“Website”) and undertakes to regularly inspect the Conditions on the Website for amendments from time to time.
1. Application of Conditions
1.1 These Conditions cover the whole, or any part of, the Services performed by PostNet for the Customer. All rights immunities and limitations of liability in these Conditions shall continue to have full force and effect notwithstanding any breach of this contract by PostNet or any other person entitled to the benefit of such provisions.
1.2 The Customer will inform PostNet promptly in writing of any changes to the details provided in any Application for Commercial Credit and hereby indemnifies PostNet for any loss or damage associated with the failure of the Customer to inform PostNet of such changes.
2. Not a Common Carrier
2.1 PostNet is not a common carrier and accepts no liability as such. PostNet may refuse the carriage or transport of goods for any person or corporation and the carriage or transport of
any class of goods is at PostNet’s absolute discretion.
3. Warranties and Undertakings
3.1 The Customer warrants that:
(a) it has complied with all applicable laws and regulations relating to the nature, condition, packaging or carriage of the goods (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime
Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the goods and that, given their nature, the goods are packaged in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;
(b) the goods are accurately described on the consignment note or in PostNet’s electronic
(c) it is either the owner of the goods and/or the authorized agent of the person(s) owning or having any interest in the goods and it enters into this contract on its own behalf and/or as authorised agent of that person or persons.
3.2 The Customer hereby indemnifies PostNet against any expenses, charges or losses sustained by PostNet in complying with the requirements of any law or otherwise incurred as a result of a breach of the warranties in clause 3.1 including but not limited to any claims by any third party.
3.3 PostNet shall comply with all statutory obligations that apply to the provision of the Services including but not limited to occupational health and safety laws and any applicable road transport laws.
4. Performance of Services
4.1 The method(s) of undertaking the Services shall be at the sole discretion of PostNet and the Customer hereby authorizes PostNet to adopt any method(s) other than any method which may have been instructed or agreed.
4.2 The Customer authorises any deviation from the usual route of carriage.
5.1 PostNet shall use reasonable endeavours to deliver the goods as specified by the Customer. PostNet shall not be bound to deliver the goods except to the consignee shown on the consignment note or in PostNet’s electronic gateway or to such other person(s) as may be authorised in writing by the Customer to receive the goods or to effect delivery in such other manner as specified by the Customer including an “authority to leave”.
5.2 If PostNet is unable to deliver the goods for any reason (including failure on the part of a receiver to take delivery within a reasonable time) PostNet shall be entitled to handle and
store the goods at the Customer’s risk and in such manner as it may in its discretion determine and shall be entitled to make a reasonable charge in respect of such handling and/or storage
and additional charges for each call until the delivery are accomplished.
5.3 Where the Customer has not provided PostNet with an “authority to leave” PostNet shall be deemed to have delivered the goods to the consignee if PostNet obtains from any person present at the place of delivery confirmation of receipt of the goods (including a signature on the delivery driver’s manifest or scanner) which proof shall be binding on the Customer or any other person liable to the freight charges provided that under no circumstance shall PostNet be required to provide proof of delivery.
5.4 PostNet shall not be liable for any failure or delay in delivering the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of PostNet including but not limited to war, strikes, lockouts, industrial disputes or arrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of any mechanical equipment including any vehicles, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
6. Responsibility for Charges
6.1 PostNet’s freight, fuel surcharge, insurance and other charges are earned as soon as the goods are picked up or accepted for storage and the Customer must pay all freight, fuel surcharge, insurance and other charges, irrespective of whether the goods are delivered or not, and whether damaged or not, based on the tax invoice issued by PostNet and in accordance with the trading terms agreed with PostNet. The Customer shall pay to PostNet all sums for the Services immediately when due without deduction or deferment on account of any claim, counterclaim or set-off. PostNet will not refund any payment for freight, fuel surcharge, insurance and other charges under any circumstances. If the goods are at any time re-weighed or re-measured, the Customer shall pay any proportional additional freight, fuel surcharge, insurance and other charges as determined by PostNet. The Customer shall pay the higher of dead weight and volumetric weight, based on a cubic allowance of 250kg per cubic metre, and rounded up to the nearest whole kilogram. The Customer shall pay any charge for demurrage at the rate charged to PostNet directly or indirectly by any railway or shipping authority or other person.
6.2 The provision of credit by PostNet to the Customer is at the absolute discretion of PostNet and may be revoked by notice at any time whereupon all outstanding amounts shall become due and payable. Invoices for Services may be delivered in person, sent by post, facsimile or email at the frequency determined by PostNet. The Customer agrees that evidence of the dispatch by PostNet of an email is prima facie evidence of the receipt of the email by the Customer and unless the contrary is proven by the Customer the time of receipt will be deemed to be twenty (20) seconds after the time of the dispatch of the email.
6.3 The Customer agrees to pay PostNet administration, handling and merchant fees in respect of any copies of documents required or other processing involved in the conduct of the Customer’s account including but not limited to account administration fees, merchant or bank charges or other fees incurred as a result of payment by credit or charge card.
6.4 When PostNet is instructed to collect freight, fuel, insurance and other charges or other expenses from any person other than the Customer, the Customer shall remain responsible for
the amounts and shall pay these amounts to PostNet on demand where these amounts have become due and have not been paid by such other person, the intent being that the Customer shall be primarily liable for all amounts due in respect of the Services provided.
6.5 On all accounts overdue to PostNet, PostNet shall be entitled to charge interest calculated at 4% above the base rate of PostNet’s bank calculated from the time such accounts became overdue. The Customer acknowledges that such interest charge is not a penalty but is a true measure of damages incurred by PostNet. The Customer agrees that it will pay all costs, expenses and charges incurred by PostNet due to any breach of the Conditions and all costs, expenses and charges associated with the recovery of any overdue or other amounts including but not limited to any mercantile agent’s costs, legal costs and disbursements on an indemnity basis.
7. PostNet’s Liability
7.1 The goods shall at all times be at the risk of the Customer and PostNet shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any
act or omission of PostNet that is outside the authorized scope of its activities under this contract, for breach of duty as bailee, for contravention of any statute or breach of statutory
duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or misdelivery of the goods whatsoever, howsoever caused.
7.2 The exclusion of liability in Clause 7.1 extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged
arising from PostNet providing the Services under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from
failure to deliver, delay in delivery or misdelivery, howsoever caused including but not limited to loss of income, profits, markets, customers, use, opportunity, reputation or goodwill.
7.3 Notwithstanding any other provision in these conditions of carriage, but subject always to Clause 7.1 and Cause 7.2, if any liability whatsoever, howsoever arising, is found to attach to PostNet or any subcontractor, PostNet’s liability shall be limited in the case of Services supplied under this contract to the lesser of:
(a) supplying the Services again;
(b) payment of the cost of supplying the Services again; or
(c) the amount of A$100.00.
7.4 The Customer acknowledges that loss or damage is insurable risks and that obtaining insurance is the responsibility of the Customer and if they fail or choose not to do so it is at their risk. Where insurance is arranged by PostNet at the request of the Customer it is done so by PostNet as an authorized representative of licensed brokers and the contract of insurance
so arranged will be between an insurer and the Customer, subject to the insurer’s terms and conditions. Customers acknowledge that they have read the Product Disclosure Statement and Financial Services Guide which can be obtained from PostNet’s website and/or the insurer prior to arranging such insurance. The Customer acknowledges that under the contract of insurance the time for notifying the insurer of a loss may be different from PostNet’s requirement under Clause 8.
8. Notice of Loss and Time Bar
8.1 Any claim for loss or damage to the goods or relating to the provision of the Services under this contract must be notified in writing to PostNet within seven (7) days of delivery of the
goods or the date by which the goods should have been delivered, whichever is the earlier. Should PostNet not receive any such notice in writing, PostNet shall be forever discharged from any and all liability to any person (including the Customer) in respect of the goods and or the Services. In any event whatsoever, PostNet shall be discharged from any and all liability whatsoever unless suit is brought within six (6) months of the provision of the Services, delivery of the goods or when the Services should have been provided or when the goods should have been delivered, whichever is the earlier.
9.1 If, on demand, the Customer fails to pay charges due to PostNet in respect of any Services rendered by PostNet, PostNet will have a general and a particular lien over the goods and/or any other cargo or items the property of the Customer in PostNet’s possession, and without notice to the Customer, may sell all or part of the goods and/or any other cargo or items that are the property of the Customer which are in PostNet’s possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.
10. Dangerous Goods
10.1 The Customer or the authorised agent shall not tender for carriage any goods which in PostNet’s sole opinion are or may be explosive, flammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.
10.2 PostNet may at any time cause any dangerous goods or any goods which PostNet believes in its sole opinion are liable or may be liable to become dangerous goods to be destroyed, disposed of, abandoned or rendered harmless by PostNet without compensation to the Customer and without prejudicing PostNet’s right to any charges payable by the Customer to PostNet.
11.1 PostNet is hereby authorised to subcontract the whole or any part of the Services and such authorisation extends to any subcontractor.
11.2 Any clause herein excluding or limiting the liability of PostNet or providing any right or exemption from liability to PostNet shall also be available and shall extend to protect all
subcontractors and every servant or agent of PostNet and of any subcontractor. PostNet is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such
persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
11.3 The Customer undertakes that no claim will be made against any servant, subcontractor or agent of PostNet which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or Services under this contract. If any such claim should nevertheless be made, the Customer shall indemnify PostNet against the consequences thereof.
12. Goods and Services Tax
12.1 Words and expressions used in this Clause 12.1 which have a defined meaning in the A New Tax System (Goods and Services Tax Act) (“GST Act”) have the same meaning in this clause as in the GST Act. Unless expressly stated otherwise, all consideration to be provided under this contract is expressed as exclusive of GST. If GST is payable by a supplier on any supply made under this contract, the recipient will, upon receiving a tax invoice from the supplier, pay to the supplier an amount equal to the GST payable on the supply.
13. Law and Jurisdiction
13.1 The Conditions will be construed according to the laws of the State or Territory as PostNet in its sole discretion determines. Proceedings may be instituted in such State or Territory as PostNet may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.
International Terms and Conditions
Use of the international courier service is subject to the terms and conditions set out below, you are deemed to have accepted these terms and conditions. we reserve the right to amend these terms and conditions at our sole discretion from time to time.
- The following definitions shall apply to the terms and conditions set out below:
- “article” means any object or thing submitted to Service Provider for delivery in one waybill (whether by air or road or any other mode) under this Service but excluding such articles prohibited under these terms and conditions;
- “Applicable Law” means the law (including rules, regulations, directions or orders of any government, regulatory or statutory authority) of Australia and of any other jurisdiction that is applicable to the Service;
- "Customer" means the customer who has engaged Service Provider for the Service;
- "Service" means any one of the Service Provider ( DHL and TNT );
- “Regulatory Authority” means, in relation to Service Provider, any governmental or regulatory body which has the responsibility of supervising and/or regulating the industry in which Service Provider has operations or business;
- “waybill” includes any label produced by Service Provider’s automated systems, waybill or consignment note and shall incorporate these terms and conditions;
- “working day” means any day (other than a Saturday, Sunday or public holiday) on which banks are open for general commercial business in Australia.
2. Customer’s Responsibility
- The Customer shall:
- Abide by these terms & conditions at all times;
- Provide Service Provider at least three (3) working days’ written notice of any changes in scheduled collection
- Submit to Service Provider any such information or documents as may be required by Service Provider for the purpose of verifying the identity of the Customer or to comply with any relevant laws and regulations;
- Provide Service Provider with articles where the total weight or dimension of each individual article shall not exceed the respective weight or dimension limits as may be prescribed by Service Provider from time to time;
- Pay Service Provider the prevailing and applicable charges for the Service according to such payment terms as may be mutually agreed in writing between Service Provider and Customer and in the absence of such agreement as may be prescribed and notified by Service Provider from time to time;
- Be responsible for any taxes and bank charges resulting from making payments to Service Provider;
- Be liable for any charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the services performed and/or the article in the event that the addressee refuses to pay them; and
- Indemnify and keep Service Provider indemnified at all times from and against all demands, claims, actions, proceedings, charges, postages, costs or expenses, including but not limited to storage charges, duties and taxes, retrieval and administrative costs (including reasonable legal costs) incurred, suffered, or sustained by PostNet in connection with the services performed hereunder.
- For security reasons, the Customer shall inform to Service Provider of any shipment with a value exceeding One thousand Australian dollars AUD $1,000.00 prior to dispatch.
- The Customer shall ensure that:
- (i)Every article complies with the following specifications requirements (which may be revised by Service Provider at any time and from time to time) for the relevant Service(s): Max length 105 cm; Length + (2 x Width) + (2 x Height) must not exceed 200 cm.
- The maximum weight of articles ranges from 20 Kg to 30 Kg, depending on the country of destination.
- Every article is packed in a reasonably strong case, wrapper or cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal;
- All contents of the article are adequately packed so as to protect against damage in the course of transmission and in particular, but not limited to:
- An article which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the article against the effect of such concussion, pressure and knocks to which articles are ordinarily exposed in transmission, and the article shall bear the words "FRAGILE HANDLE WITH CARE" written conspicuously in capital letters on the face of the cover above the address of the addressee;
- An article which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the article from being bent or otherwise damaged in transmission, and the packet shall bear the words, "DO NOT BEND" written conspicuously in capital letters on the face of the cover above the address of the addressee;
- Articles prohibited by any law in force in the country of origin, destination and any 3rd party country of transit, for transmission will not be handed to Service Provider;
- All information provided for in connection with the article or the Service are true and accurate. The name, address and the telephone number of the Customer and addressee are completed accurately. For articles that are addressed to companies, the name of the company, address, name of addressee and department/section in which the addressee is located must be provided to ensure prompt delivery of articles;
- An article complies with its destination country’s prevailing size and weight restrictions applicable to the specific Service pursuant to which such article is to be transmitted. For more information, please contact local customer service; and
- Every article to be sent complies with the applicable laws, regulations and terms and conditions specified for the respective country of destination.
3. Service Provider’s Rights and Responsibilities
- Service Provider shall take all reasonable precaution to prevent unauthorized persons from having access to the articles(s) or their contents and shall also take all reasonable precaution against loss of or damage to the same or their contents.
- Service Provider shall make reasonable effort to deliver the Customer’s article according to the respective Service delivery schedules which are estimates only and not guaranteed. The deliveries are subject to possible delays including but not limited to delays by customs or government authorities of the destination country. Service Provider shall however not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery of the article for whatever reasons.
- The Customer may request for Service Provider to collect an article for delivery under any Service subject to such terms and conditions (including but not limited to payment of additional charges) prevailing from time to time. Service Provider shall have absolute discretion in deciding whether to accept such a request. The Customer shall be liable for additional charges if requests for collections are subsequently cancelled. There is no collection service from and restricted areas, offshore islands and such other areas as may be determined by Service Provider from time to time. Additional charges are applicable if collections are to be made at certain restricted areas as determined by Service Provider from time to time. For details on the collection service and the list of restricted areas, please contact customer service.
- Unless otherwise agreed in writing, the Customer agrees that Service Provider has the absolute right and discretion in choosing the routing of your shipment and may engage any agents and/or subcontractors on any terms to perform the whole or any part of the carriage and related services.
- Service Provider reserves the right to revise the agreed charges at any time for any of the Services, including but not limited to, change of any laws, regulations or directions imposed by any governmental or regulatory authorities; surcharges relating to fuel or security, any other costs arising from situations beyond its control.
- Service Provider is not a common carrier and accepts no liability as such.
- Service Provider shall have the right to release and/or disclose any particulars and/or information relating to the Customer (“Information”) to any person for the purpose of performing the Service or its obligations and/or in compliance with any Applicable Law or the direction of any regulatory authority or stock exchange. Subject to any prohibitions under law, Service Provider may also collect, use and share such Information within Service Provider for the purposes of providing the Service and the offering or providing to the Customer of such new or other products and/or services that may be offered by Service Provider from time to time.
- Service Provider reserves the right to revise any part of these terms and conditions at any time.
4. Charges for Services
- All charges for the Services shall be calculated based on the higher of actual weight or volumetric weight of the article as measured by PostNet, and such determined by PostNet of the actual or volumetric weight shall be final and conclusive. The Customer agrees that any inaccurate declaration of weight or dimensions resulting in under-quoting pricing will result in automatic recalculated price being applied and re-charged to the Customer. For all International Products, freight is subject to cubic conversion of 200kg per cubic metre. The Customer shall pay or reimburse Service Provider for all charges, duties and taxes owed for services provided by Service Provider or incurred by Service Provider on any third party’s behalf and all claims, damages, fines and expenses incurred if the Article is deemed unacceptable for delivery as described herein;
- Service Provider reserves the right to review and amend such charges from time to time and inform the Customer of the same;
- Service Provider reserves the right to impose any fuel surcharge, peak period surcharge and / or other types of surcharge.
- Notwithstanding any other clause in these Terms and Conditions, the Customer will pay Service Provider an interest for any overdue payment at a rate of [two percent (2%) per month] in respect of the entire overdue amount and further, be liable for all costs and expenses incurred by PostNet to recover such overdue payments including but not limited to legal fees.
5. Articles Which Are Unacceptable For Carriage By Service Provider
- Service Provider reserves the right to reject any article(s) submitted by the Customer without assigning any reason whatsoever.
- Service Provider reserves its right to reject delivery, in the event that the written address of the recipient is deemed incomplete, illegible, incorrect, cannot be located, or does not conform to postal requirements.
- Without prejudice to the generality of the clause above, the Customer shall not dispatch and Service Provider reserves the right to refuse any articles that, in Service Provider's sole and absolute discretion, are:
- prohibited by law, such as explosives, poisons, flammable articles, radioactive material, compressed gas, corrosive, firearms and any articles which by its nature or packing may expose officers of PostNet to injury or cause damage to other articles; or
- infectious and non-infectious perishable substances and radioactive materials;
- with liquid content; or
- coins, bank notes and other valuables.
- The Customer is liable for any loss or damage suffered by any third party as a result of any breach of the terms set out in the clause above.
- By using the Services hereunder, the Customer warrants that the article submitted is acceptable for transportation. the Customer agrees that the following are deemed unacceptable for shipment:-
- Articles classified as hazardous material, dangerous goods, prohibited or restricted by the International Air Transport Association (“IATA”), the International Civil Aviation Organisation (“ICAO”), Postal regulations, any applicable government department or other relevant organization;
- if no customs declaration is made when required by applicable customs regulations;
- if its packaging is defective or inadequate;
- if it is included in the list of prohibited items in PostNet’s website; or
- if Service Provider determines that an article cannot be transported safely or legally (including but not limited to, Animals, fish, birds (live), Human remains or ashes, Bullion (of any precious metal), Cash (current legal tender) (bank notes, currency notes and coins, Loose precious stones, Complete firearms, ammunition, explosives / explosive devices, Imitation or replica firearms, ammunition, explosives / explosive devices, Illegal goods, counterfeit goods Antiques and works of art, Banderols/tax stickers, Cigarettes, Dangerous goods, Firearms parts, Furs and ivory, Jewellery, watches, precious metals (other than bullion), Negotiable instruments in bearer form (whether cash-like or not), Toy guns, air guns, Batteries, pornography, and illegal narcotics / drugs.
- The list of prohibitions on importation for different destinations may change from time to time and the Customer may make enquiries with Customer Service.
- Service Provider may (but shall not be bound to) in its sole discretion, open and inspect for any reason the article, including but not limited to the verification of its contents at any time. Service Provider shall charge the Customer the shipment charges according to the contents of the article discovered on such opening and inspection. The article is subject to customs clearance and inspection by customs or government authorities of the destination country.
6. Customs Declaration
- The customs declaration should be completed by the Customer in English or in a language which is accepted in the country of destination.
- To clear the article with the customs in the country of destination, the customs in the country of destination needs to know the contents of the article. The Customer must therefore complete the customs declaration fully, accurately and legibly. Any false, inaccurate or misleading information may lead to a delay in customs clearance, a fine or seizure of the article by the relevant customs authority.
- It is also the Customer’s responsibility to inquire into import regulations (prohibition, make up, etc.) and to find out what documents, if any (including but not limited to certificate of origin, health certificate, commercial invoice, packing list, import licence, exemption certificate, etc.) are required in the country of destination and to attach these to the consignment note. Each article must be accompanied by one original and one duplicate copy of the invoice.
- Any customs penalties, storage charges or other expenses including but not limited to duties and taxes that are incurred as a result of the actions of customs or governmental authorities or the Customer or the addressee, or as a result of the addressee’s failure to provide proper documentation and/or to obtain the required licence or permit, will be charged to the addressee of the shipment. In the event that the addressee refuses to pay, the Customer shall be liable for these charges.
- By using any Service hereunder, the Customer agrees to the disclosure of his/ her/ its information to third parties to facilitate customs clearance of the article.
7. Undeliverable and/or Rejected Shipments
- Articles cannot be delivered to PO boxes or postal codes. Articles are delivered to the addressee’s address as given by the Customer but not necessarily to the named addressee personally. Articles to addresses with a central receiving area will be delivered to that area. If the addressee refuses delivery or to pay for delivery, or the article is deemed to be unacceptable, or it has been undervalued for customs purposes, or the addressee cannot be reasonably identified or located, PostNet shall use reasonable efforts to contact the Customer and agree on the appropriate action to take, failing which the article may be released, disposed of or sold by PostNet without incurring any liability whatsoever to the Customer or anyone else. The proceeds may be applied against any charges including but not limited to service charges and related administrative costs. The balance of the proceeds of the sale (if any) shall be returned to Customer. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken. For any Service, the Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken.
- For the avoidance of doubt, Service Provider shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any article. For all such articles the Customer or addressee shall deal directly with each other in respect of any refund, return, exchange, rebate and money-back guarantee policy and/or procedure at their own costs.
- Unless otherwise agreed in writing, Service Provider shall be entitled to, without prejudice to all other rights it may have in this regard, terminate this Agreement at any time by giving no less than 1 months’ prior written notice to the Customer.
- Service Provider shall be entitled to, without prejudice to all other rights it may have in this regard, forthwith terminate this Agreement at any time by giving written notice to the Customer if the Customer shall commit a material breach of any of the obligations on its part to be performed or observed hereunder.
9. Limitations and Exclusions of Service Provider’s Liability
- Notwithstanding Clause 5, on condition that Service Provider is satisfied that the Customer’s claim of loss or damage to the article(s) or contents thereof is justified, the parties agree that Service Provider’s liability for any loss of or damage to any article.
- All claims for loss or damage to the articles must be made no later than 14 days from the date of posting/lodgement failing which Service Provider shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, supporting documents and relevant invoices or receipts, failing which the claim will be considered null and void.
All claims shall be made (a) in accordance with the claims policy and process as may be implemented and/or amended by Service Provider from time to time; and (b) in writing, accompanied by the original copy of the consignment note, and all relevant supporting documents and invoices or receipts, and submitted to local customer service.
- Service Provider shall not in any case be liable for:
- any loss of profits, business or anticipated savings, any indirect or consequential loss or damage (including but not limited to the loss of profits, business, anticipated savings);
- any loss or damage arising from or in connection with :
- its failure to perform any of its obligations hereunder if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other act of God;
- any defect in respect of the article, even if known to Service Provider when PostNet accepted it.
- the Customer’s acts of omission, including but not limited to insufficient or improper packing, security or addressing;
- any action or omission by anyone other than Service Provider including but not limited to:
- the Customer, as the sender of the article;
- the addressee;
- an interested third party;
- customs or other government officials; and
- the carrier or other third party contracted by Service Provider to serve locations that Service Provider does not serve directly. Service Provider shall not be liable even if the Customer did not ask or know about a third party arrangement.
- electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;
- any loss of secrecy in communication arising from the use of the Service;
- the hazardous, fragile or brittle nature of the mechanical derangement of the goods;
- any consequences of delay or confiscation by any competent authority as a result of the discovery of prohibited contents;
- delay or non-delivery of the article arising from the detention of the article by the customs or any government authority of the destination country.
10. Enhanced Liability Coverage
- If the Customer regards the limits under Clause 9 above as insufficient, the Customer may request for additional coverage for loss or damage to the article(s) by applying for PostNet enhanced liability coverage. Further information can be found on the PostNet’s Website. This coverage is subject to the terms and conditions as may be amended by PostNet at its sole discretion from time to time.
11. International Conventions
- If any article is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit PostNet’s liability for loss or damage.
12. Entire Agreement
- These terms and conditions, as the same may be amended from time to time, shall constitute the entire understanding between the parties hereto concerning the provision of the Service(s) and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.
- Service Provider reserves the right to amend any of the terms and conditions herein stated without any prior notice and the Customer shall be bound to observe and comply with the terms and conditions herein and any amendments thereof.
- If any of the provisions herein becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- The Customer shall keep all information relating to the Services confidential and shall not disclose any such information to any 3rd party without the prior written consent of Service Provider.
16. Applicable Law and Jurisdiction
- These terms and conditions shall be subject to and construed in accordance with the laws of Australia. All proceedings in relation to any matter in dispute arising out of or in connection with these terms and conditions shall be commenced in the courts of Australia and the parties hereby submit to the non-exclusive jurisdiction of such courts.
- For the avoidance of doubt and without prejudice to the sub-clause above, it is hereby agreed and understood that these terms and conditions shall, notwithstanding anything contained herein, be subject to any directions, instructions or guidance whatsoever which any Regulatory Authority has given or may give to Service Provider or under any provisions of any licence granted by the Regulatory Authority, where applicable.