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Terms and Conditions	AUSTRALIAN AIR EXPRESS CONDITIONS OF CARRIAGE IMPORTANT NOTICE THESE CONDITIONS EXCLUDE OR LIMIT LIABILITY FOR CERTAIN LOSSES OR DAMAGE. CUSTOMERS ARE THEREFORE ADVISED TO READ THE CONDITIONS CAREFULLY AND TO CONSIDER PURCHASING ADDITIONAL TRANSIT COVER TO ENSURE THAT THEIR INTERESTS ARE FULLY PROTECTED IN ALL EVENTS. TERMS AND CONDITIONS By tendering materials for consignment with AUSTRALIAN AIR EXPRESS PTY. LTD. ABN 74 054 307 336 (“AaE”) the sender agrees to the terms and conditions stated herein. No agent or employee of AaE or the sender may alter or modify these terms and conditions. For the purpose of these terms and conditions “GST” means any goods and services tax, value added tax or the like tax. 1. GENERAL As used in this contract “Warsaw Convention” means the Convention for the Unification of certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929 or that Convention as amended by the Hague Protocol, 1955 (as amended by the Montreal No. 3 and Montreal No. 4 Protocols when in force in Australia) whichever may be applicable. “AaE” includes any other carrier or party to which AaE may have delegated responsibility for, or substituted for itself in respect of, acts, matters or things to be done under this contract. 2. THE CONSIGNMENT NOTE This AaE Consignment Note is NON-NEGOTIABLE and the sender acknowledges that it has been prepared by the sender or by AaE on behalf of the sender. The sender warrants that it is the owner of the goods transported hereunder, or it is the authorised agent of the owner of the goods, and that it hereby accepts AaE’s terms and conditions for itself and as agent for and on behalf of any person having any interest in the consignment. 3. SENDER’S OBLIGATIONS AND ACKNOWLEDGMENTS (a) The sender warrants that each article in the consignment is properly described in the Consignment Note and has not been declared by AaE to be unacceptable for transport, and that the consignment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling. (b) The sender warrants that, except as shown in any accompanying sender certification, the consignment does not contain any explosive, volatile spirits or other cargo of a dangerous, hazardous or inflammable nature. (c) The sender warrants that all applicable customs, import, export and other laws and regulations of all countries to, from, through or over which the consignment may pass, have been complied with. AaE is authorised, but is under no obligation, to complete on the sender’s behalf any documents required to comply with such laws and regulations, and to act as the sender’s forwarding agent for customs and export control purposes. The sender certifies that all information provided to AaE orally, or set forth in this consignment note and any other documents, is accurate and complete. The sender agrees to indemnify and hold AaE harmless for any claim, liability or expense arising from the sender’s failure to comply with any applicable law or regulation. (d) The sender acknowledges that AaE may abandon and/or release any item consigned by the sender to AaE which AaE has declared to be unacceptable or which the sender has undervalued for customs purposes or misdescribed, whether intentionally or otherwise, without incurring any liability whatsoever to the sender and the sender will indemnify AaE against all claims, damages, fines and expenses arising therefrom. (e) The sender shall be solely liable for all costs and expenses, including GST, related to the consignment and for costs incurred in either returning the consignment to the sender or warehousing the consignment pending disposition. (f) The sender acknowledges that AaE is not a common carrier and will accept no liability as such. Accordingly AaE reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage or transportation of any class of goods at its discretion. (g) The sender acknowledges that AaE may substitute alternative carriers or aircraft or other means of transportation and that AaE may select the routing or change or deviate from the routing shown on the face hereof. (h) The sender undertakes to indemnify AaE against any liability whatsoever arising in respect of the goods to any person (other than the sender) who claims to have, who has or who may hereafter have any interest in the goods or any part thereof. (i) The Sender acknowledges and agrees that all consignments containing dangerous goods will incur a surcharge of $54.74 + GST. (j) The Sender acknowledges and agrees that Proof of Delivery (“POD”) of a consignment can be established by production of either a copy of a signed consignment note or a copy of a signed drivers run sheet. Production of a POD for items delivered more than 90 days but less than 180 days prior to the request for the POD shall incur a charge of $15.79 + GST and items delivered 180 days or more before the request for the POD shall incur a charge of $26.32 + GST. (k) The Sender acknowledges and agrees that all re-deliveries or deliveries to a post office as a result of a receiver being unavailable or unable to accept a consignment shall incur a charge of $5.55 + GST. (l) The Sender acknowledges and agrees that all products provided to the Sender pursuant to this contract are for its use solely and may not be sold or otherwise provided to third parties for their use. CUSTOMS CLEARANCE: The sender hereby appoints AaE as the sender’s agent, at sender’s cost, to conduct customs clearance and entry and certifies AaE as the consignee solely for the purpose of designating a Customs Broker for performing customs clearance and entry. The sender is liable for any customs duties, GST and customs brokers fees that become payable on customs clearance and entry. 4. RIGHT OF INSPECTION OF CONSIGNMENT, MISDESCRIPTION, AND UNCOLLECTED FREIGHT AaE has the right, but not the obligation to: (a) inspect any consignment including, without limitation, opening the consignment note. Where any consignment is misdescribed (including as to weight, cubic capacity or content) AaE may refuse to carry or insure the consignment and may adjust the charges accordingly, and (b) sell or dispose of any uncollected or undeliverable consignments after making reasonable efforts to contact the sender or receiver of the consignment where possible. AaE is entitled to charge for all storage costs and expenses. Where the consignment has not been claimed within 60 days, AaE shall be entitled to dispose of the consignment and shall not be required to account to any party in respect of the same. 5. CHARGES, LIEN ON GOODS CONSIGNED (a) The sender shall be liable to pay AaE’s charges without prejudice to AaE’s rights against the receiver or any other person. However, where the cargo is consigned “charge receiver” to the duly authorised holder of an AaE account, the sender shall not be required to pay the charges unless the receiver fails to pay after reasonable demands have been made for the payment thereof. (b) AaE shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid. 6. LIMITATION OF LIABILITY – WARSAW CONVENTION If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. The Convention governs and in most cases limits the liability of the carrier in respect of loss, damage or delay to cargo. Such liability shall not exceed US$20.00 or the equivalent per kilogramme of goods lost, damaged or delayed unless a higher value is declared in advance by the sender and a supplementary charge paid if required. (The liability limit of US$20.00 per kilogramme is based on the limit stated in the Convention of 250 French gold francs per kilogramme and is calculated by reference to an exchange rate of US$42.22 per ounce of gold. When the Montreal No. 4 Protocol is in force in Australia, the liability limit shall be 17 SDR per kilogramme.) 7. EXCLUSION OF LIABILITY – OTHER In carriage to which the Warsaw Convention does not apply, notwithstanding the freight rate charged or the designation given to the consignment, AaE shall (subject to clause 8 of this contract) not be liable for any damage, injury, delay or loss of any nature sustained by the owner, sender or receiver howsoever arising out of or incidental to the carriage of cargo or any other service provided pursuant to this contract or a variation thereof or any warranties or any representations made in respect thereof or a subsequent contract between AaE, the receiver or any other person in relation to the cargo and whether or not the same shall be due or alleged to be due to misconduct or negligence and whether or not the same was caused by an act or omission which was authorised or permitted by or was within the scope of this contact including deviation, failure to deliver, misdelivery or delivery to an unauthorised person. 8. TRADE PRACTICES ACT Nothing contained in these conditions of carriage shall exclude any express or implied terms conditions or warranties imposed by the Trade Practices Act 1974 as amended from time to time. 9. LIABILITIES NOT ASSUMED IN ANY EVENT (a) AaE shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not AaE had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility or loss of market and the liability of AaE shall be limited to the supply of the services again or the payment of the cost of having the services supplied again. If AaE has agreed to provide transit cover on the consignment then the liability of AaE is limited to physical loss or damage to the goods up to the limit of such cover, and in the case of Perishable Goods includes deterioration caused by a delay in transit exceeding the intended transit time by eight hours, all the foregoing being subject to the terms, conditions and exclusions herein. NOTE: Perishable Goods shall only comprise newspapers and magazines, flowers, vegetables, herbs, live plants, fruit, foodstuff, fresh and cooked meat products, live, fresh and cooked fish and seafood, live insects and larvae, laboratory specimens and products, frozen goods, and any goods packed with ice or dry ice – (which shall be packed with sufficient quantity to survive a transit time which exceeds the intended flight time by eight hours) – and no others. (b) Further, AaE shall not be liable for any loss, damage, misdelivery or failure to deliver: (i) due to an act of God, Airline Captains instructions to off-load goods from an aircraft for operational reasons, any other force majeure or any cause reasonably beyond the control of AaE (including, without limitation, an act of war or armed conflict and an act of public authority carried out in connection with the entry, exit or transit of the consignment), or (ii) caused by: (A) the act, default or omission (including, without limitation, defective packing) of the sender, the receiver or any other party who claims an interest in the consignment (including violation of any term or condition hereof), of any person other than AaE, or of any customs or other government officials, or of any postal service, forwarder or other entity or person to whom a consignment is tendered by AaE for transportation regardless of whether the sender requested or had knowledge of such third-party delivery arrangement; (B) the nature of the consignment or other defect, quality or other characteristic or inherent vice thereof; or (C) electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form. (c) Further, in the case of any loss or damage occasioned by delay in the carriage of a consignment, AaE shall not be liable where AaE, its servants and agents have taken all necessary measures to avoid the damage or where it was impossible for AaE to take such measures, excluding transit cover claims on any Perishable Goods notated above, provided they are consigned under AaE’s “Perishable Service” and listed on a “Perishable Consignment Note”. 10. CLAIMS (a) Any claims must be brought by the sender and delivered in writing to the office of AaE nearest the location at which the consignment was delivered or should have been delivered, in respect of damage within 14 days of the date of such delivery, and in respect of delay, within 21 days of the consignment being placed at the receiver’s disposal, and in respect of loss, within 120 days of the date of the Consignment Note. No claim may be made against AaE outside of those time limits. Note that other time limits apply in respect of relevant transit cover claims. (b) No claim for loss or damage will be entertained until all transportation and other charges (including GST) have been paid. The amount of any such claim may not be deducted from any transportation charges owed to AaE. 11. APPLICABILITY, SUB-CONTRACTORS These terms and conditions shall apply to, and enure to the benefit of, AUSTRALIAN AIR EXPRESS PTY. LTD., and its authorised agents and affiliated companies, and their officers, directors and employees. AaE may arrange with any other person, carrier, firm or corporation to undertake the provision of any service affecting the consignment and enters into this contract for and on behalf of itself and such other parties and their representative servants and agents all of whom shall have the benefit of this contract, including the exclusion or limitation of liabilities herein. 12. MATERIALS NOT ACCEPTABLE FOR TRANSPORT AaE will not carry any IATA restricted articles or any article which by its value or characteristics is considered by AaE as being not acceptable for transportation for safety or legal reasons. In addition, AaE will not carry any of the goods referred to in clause 3(b) of this contract. 13. TRANSIT COVER (a) TRANSIT FIRST LOSS COVER – Subject to provisions relating to transit cover printed on the face of this document, unless there shall be prior agreement in writing an amount of $6.17 + GST shall be charged for transit cover up to $1,000. This amount may only be varied for account customers who have signed a written authority on the prescribed form. Cover is subject to the Exclusions and the Excluded Commodities listed below and is not subject to “Average”. Cover shall not exceed $1,000 on goods described under Transit Cover Classes D below, even if a higher limit has been contracted. Rates subject to change on provision of 7 days written notice. FULL VALUE TRANSIT COVER – Alternatively transit cover may be requested against risks of physical loss or damage for the full value of all goods described herein. This cover is subject to “Average”. viz. (If at the time of loss or damage the total value at risk shall be greater than the sum covered herein, AaE will only pay the same proportion of loss or damage which the amount covered bears to the full value). See transit cover classes and rates below. General Terms and Conditions applicable to all types of transit first loss cover and full value cover. (b) Notwithstanding the provisions of clause 13(a) above, AaE may at its absolute discretion decline to provide all or any transit cover or reinsure goods with a licensed insurer. (c) ATTACHMENT – Risk commences when goods received by AaE or their agent and terminates on delivery to or collection by the consignee or their agent. (d) BASIS OF TRANSIT COVER – Indemnity. Claims will be adjusted according to the basis of the full sum covered declared, whether cost or sales price. (e) EXCLUSIONS – Loss, damage or expenses resulting from or attributable to consequential loss, electrical or mechanical derangement, delay, inherent vice or nature of the goods, insufficient packing or preparation, or consignments addressed or marked as “Goods Accepted at Owners Risk” on consignment note, goods more specifically covered and scratching, denting, chipping or bruising to unpacked items or claims for deterioration of chilled or frozen goods (excluding Perishable Goods where the transit time has exceeded the intended transit time by eight hours) unless directly attributable to breakdown or malfunction of AaE’s refrigeration equipment. (f) EXCLUDED COMMODITIES – Gold bullion, silver, precious stones, jewellery, works of art, bank notes, currency coins and negotiable instruments of any kind. (g) CLAIMS PROCEDURE – Transit claims must be notified in writing to AaE’s Risk Management Centre within 7 days of delivery in the case of damage (3 days in the case of “hidden damage” not seen on delivery) and within 15 days after goods consigned in the case of loss or they may not be accepted. (h) YOUR DUTY OF DISCLOSURE – prior to taking out transit cover set out herein you have a duty under the Insurance Contracts Act 1984 to disclose to AaE every matter that you know, or could reasonably be expected to know, which is relative to the decision by AaE whether to accept the risk of transit first loss cover and full value cover, and if so on what terms. if you fail to comply with this duty AaE may be entitled to reduce its liability hereunder in respect of the claim or to cancel the cover. Full Value Cover Classes and Rates – Minimum Premium $9.95 + GST Class A – Restricted Cover (all goods) – at $0.75 + GST per $100 value. Against physical loss of an entire carton or package, or damage to the goods caused by fire, collision or overturning of the conveyance. Class B – Unrestricted Cover (general goods) – at $1.75 + GST per $100 value. Excluding glassware, fragile goods, computers and electrical equipment, porcelain, enamel goods, cigarettes, furniture of any kind, household and personal effects. Class C – Unrestricted Cover (semi fragile goods) – at $3.25 + GST per $100 value. Excluding goods made with fibreglass, glassware, fragile goods, porcelain and enamel goods. Class D – Unrestricted Cover (fragile goods) – at $6.25 + GST per $100 value. On goods made with fibreglass, glassware, fragile goods, porcelain and enamel goods. Note – If full value goods is entered without a Class being nominated, then Class A cover will apply. TRANSIT COVER LIMITED TO $10,000 UNLESS AUTHORISED BY AaE RISK MANAGEMENT CENTRE. SPECIAL QUOTATIONS MAY BE OBTAINED. 14. APPLICABLE LAW This contract shall be governed by and construed in accordance with the law of the State of Victoria, Australia, and any proceedings against AaE shall be brought in Victoria only. 15. NEXT FLIGHT GUARANTEED ON TIME DELIVERY – CONDITIONS On booking a Satchel, AaE will give the sender a delivery time. If the Satchel is not delivered by the promised delivery time AaE will, upon written request, refund the cost of the Satchel to the sender in full. A refund will not be payable if delivery time is not achieved due to circumstances beyond the control of AaE including inclement weather, industrial disputes, air traffic control or aircraft unserviceabilities. 16. PERISHABLE CONSIGNMENTS All Perishable Goods, including those consigned under AaE’s Perishable Service, to be packed in accordance with relevant airline, AaE and trade regulations. Bookings required 12 hours prior to flight departures and cancellations subject to penalty unless made 6 hours before departure of booked flight. In event of any offload outside AaE’s control, new uplift will defer to higher priority freight (eg. Next Flight and Overnight). Effective 25.2.2002
I Agree	Please tick when you have read and agreed to the above agreement.