Dictionary
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Aviation Transport Security Laws" means the Aviation Transport Security Act 2004 and any regulations made under that Act and any legislation which implements the Convention on International Civil Aviation signed at Chicago on 7 December 1944.
"CN" means Consignment Note issued by us.
"Charges" means the AaE rates, charges and surcharges agreed between us from time to time (or in the absence of agreement as advised by us to you), the charges in clause 7, expenses to comply with any law or regulation or any order or requirement made under them, or with the requirement of any market, harbour, dock, railway, airline, shipping line, customs, excise, or warehouse authority or other person and any duties and tax including GST levied directly on a supply under these conditions.
"Cost of Repair” means the substantiated cost of repairs to Goods damaged by us, limited to the fair value of the Goods.
"Cubic Weight" means the weight determined by us by multiplying the height, width and depth of the Goods by the standard cubic factor of 250 kgs per cubic metre, rounded up to the nearest whole kilogram and if packed in a tube, the diameter of the tube will be used as both the width and height of the Goods.
"Dangerous Goods" means any goods of a dangerous or hazardous nature whether you were aware of the dangerous or hazardous nature of the Goods or not, and includes, without limitation, goods forbidden, limited or restricted from time to time by:
(a) the International Air Transport Association ("IATA");
(b) the International Civil Aviation Organisation;
(c) the Civil Aviation Safety Authority;
(d) the Australian Dangerous Goods Code; or
(e) any applicable law, regulation, guideline or requirement of a regulatory body or government department of a country from which, through which or into which the Goods are carried.
"Dead Weight" means the weight of the Goods rounded up to the nearest whole kilogram.
"Delivery" means leaving the Goods at the place you specify for us to take the Goods, or as close to that as we reasonably and practically can.
"Force Majeure" means any circumstance beyond our control including without limitation inclement weather, industrial disputes, air traffic control, unserviceable aircraft, war, terror, nuclear explosion, strikes, riots, civil commotion, an airline captain's instructions, or act of a public authority.
"Fragile Goods" means glassware, porcelain, enamel or fibreglass goods, furniture of any kind, household or personal effects or any goods that are fragile or marked fragile but do not include Semi-Fragile Goods.
"Goods" means the goods accepted from you with any container, packaging or pallets supplied by you.
"GST" means any goods and services tax, value added or like tax.
"Implied Terms" means those terms, conditions and warranties implied into contracts at law for the supply of goods and services including, without limitation, those terms implied by the operation of the Trade Practices Act 1974 which cannot be excluded.
"Lost" in clause 10 means all Goods in the consignment that have not been delivered and are unable to be located by us.
"Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999.
"Nominated Value” means the fair value of the Goods nominated by you (not exceeding $10,000), subject always to substantiation.
"Parcel Protection Warranty” means the warranties in clause 10 or any other class of warranty agreed to by us.
"Perishable Goods” means any Goods which are subject to waste, deterioration or spoilage over time or through contact with other goods or elements and include fruit, vegetables, dairy products, meat, newspapers and magazines.
"POD" means proof of delivery.
"Related Body Corporate" has the same meaning as in the Corporations Act 2001.
"Semi-Fragile Goods" means Goods that are semi-fragile or marked semi-fragile including computers and electrical equipment but do not include Fragile Goods.
"Service" means the whole of the operations and services we undertake for the Goods.
"Sub-Contractor" means:
(a) any person we arrange to transport the Goods, and
(b) any person who is an employee, agent or sub-contractor of any person in paragraph (a).
"We" or "us" or "our" means Australian air Express Pty Ltd ABN 74 054 307 336 and its Related Bodies Corporate and its officers, employees, agents and Sub-Contractors.
"You" or "your" means the sender, receiver, or the person with whom we contract, as applicable.
"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 at The Hague, 28 September 1955, and as amended by the Montreal Additional Protocol 4 signed at Montreal on 25 September 1975 ("Montreal Additional Protocol"), whichever may be applicable.
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