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StarTrack Pty Ltd Pty Ltd Service Conditions 1. Introduction 1.1 These Service Conditions state the terms on which StarTrack Pty Ltd will consign your freight. 1.2 Unless you have a separate Service Agreement with StarTrack Pty Ltd, these Service Conditions apply to all Services. 2. Dictionary "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 StarTrack 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 8, 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 11 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 11 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 StarTrack Pty Ltd ABN 53 146 789 979 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. 3. Service basis 3.1 The Service commences when the Goods are delivered to or received by us and terminates on Delivery. These Conditions apply to all Services. 3.2 We are not a common carrier and do not accept any liability as a common carrier and may refuse to transport any particular Goods or Goods for any person or Goods which are IATA restricted articles. We may refuse to offer a Parcel Protection Warranty under clause 11 to any person or for any Goods. 3.3 We may establish POD by producing to you the CN or our driver's run sheet signed by the receiver electronically or otherwise. We do not have to produce a POD if the Goods were delivered more than 12 months prior to your request for a POD. 3.4 Subject to Parcel Protection Warranties in clause 11, we transport Perishable Goods at your own risk. 4. Your acknowledgments and obligations 4.1 You acknowledge all CNs will be, or have been prepared by you. 4.2 You acknowledge that we assume no liability for the transport of cash, jewellery, gems, valuables or tobacco. 4.3 You must not sell or provide to third parties any of our pre-paid products. 4.4 You acknowledge all the information in the CN and our contract with you and our Charges are confidential and you must not disclose them to any third party without our prior written consent. 4.5 You must not tender for Service a satchel or envelope containing cash, jewellery, gems, valuables, tobacco, Dangerous Goods or Semi-Fragile or Fragile Goods. 4.6 We will determine the Cubic Weight including that of irregular shaped packages but it is your responsibility to ensure the Goods are packed to minimise the Cubic Weight. 4.7 You must list the dimensions of individually packed Goods on the CN. 5. Your warranties You warrant that: 5.1 you are the owner or the authorised agent of the owner of the Goods and 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; 5.2 all the Goods are or will be properly described in the CN, properly and accurately marked, addressed and packed and suitable for the Service with ordinary care in handling; 5.3 you will fully declare all Dangerous Goods including explosive or volatile Goods or Goods which are or may become dangerous, hazardous or inflammable; 5.4 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; and 5.5 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. 6. Your indemnities Subject to clause 11, you indemnify us against all loss, claims, damages, fines, expenses, demands or liabilities arising from negligent acts, omissions or breach of these Conditions and injury, illness or death however caused, including any claim by the receiver or any other person about the Goods or the Service. 7. Our rights 7.1 We may complete for you any documents required to comply with any laws (but only as authorised to do so by those laws) and act as your forwarding agent and customs broker for customs clearance, entry and export control purposes and you will pay any additional charges as advised by us. 7.2 We may abandon or release any Goods which are unacceptable for Service, which you undervalue for customs purposes or are misdescribed, without any liability to you. 7.3 We may use Sub-Contractors or any aircraft or Service methods to transport the Goods. 7.4 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. 7.5 We may sell or 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 sale or disposal of the Goods unless required to do so by legislation. 7.6 If required by law, we may immediately dispose of Dangerous Goods without first seeking your permission. 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. 8. Charges 8.1 You must: (c) pay us, within 7 days of the date of our tax invoice/statement all Charges and if any Charges are not paid on the date for payment, pay interest on the unpaid Charges at the rate 2% higher than the prevailing rate under the Penalty Interest Rates Act 1983; and (d) pay Charges determined by the higher of the Dead Weight or Cubic Weight. 8.2 If upon our receipt of Goods for which our Charges have been pre-paid: (a) in the case of prepaid CNs and prepaid satchels, we determine that you have understated the Cubic Weight or Dead Weight, you must pay us the difference between the pre-paid amount and the amount that we determine, plus an additional administration charge for the understatement; or (b) in the case of prepaid CNs only, the Cubic Weight is higher than the Dead Weight, then we may charge you the Charges applicable to the Cubic Weight. 8.3 If the receiver or another person you nominate to pay the Charges does not pay within 7 days of the date for payment, you must pay the Charges. 8.4 We may change our Charges at any time and, after notice to you, charge you accordingly. 8.5 Unless otherwise agreed, if you do not select a service type on the CN, our overnight Charges will apply. 9. Lien and set-off 9.1 We have a general lien on the Goods and on any other of your goods for all Charges due to us or which become due to us on any account whether for the Service or any other of our services. 9.2 If the Charges are not paid by you or the person nominated by you or the receiver fails to take delivery or return of the Goods, we may without notice and, in the case of Perishable Goods or Dangerous Goods immediately: (a) store the Goods as we think fit at your risk and expense; or (b) open any package and sell all or any of the Goods as we think fit and apply the proceeds to discharge the lien and costs of sale. 9.3 We may deduct or set-off from any moneys due from us to you, or the person nominated by you, under any contract, debts and money due from you to us under these conditions or any contract. 10. Exclusions and limitations of liability 10.1 Subject to the following paragraphs of this clause 10 and clause 11, and except as otherwise set out in these Conditions, the Goods are at your risk at all times and we are not liable to you or to any third party in tort, contract, bailment or otherwise for any loss, damage, delay or deterioration to, or misdelivery or failure to deliver the Goods whatsoever arising from the Service for any reason including any failure by us to perform the Service, any negligence or breach of contract or statutory duty or wilful misconduct or default by us. 10.2 Clause 10.1 applies to all, and the consequences of all loss, damage, delay, deterioration, misdelivery or failure by us whether it occurs in events which are in our or your contemplation or in events which are foreseeable by you or us, or in events which could constitute a fundamental breach or breach of a fundamental term of the contract of which these conditions form part. 10.3 If the Service involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and govern and, in most cases, limit our liability for loss of, or damage to, or delay in Delivery of the Goods. The Warsaw Convention and Montreal Convention also contain time limits for notification of claims to us and for commencement of any proceedings against us. 10.4 The Warsaw Convention's liability limits may vary depending on the country of delivery. If either the Warsaw Convention as amended by Montreal Additional Protocol 4 or the Montreal Convention applies to your Goods, our liability is limited to 17 Special Drawing Rights per kilo unless a higher value is declared in advance by you and an additional Charge is paid if required. The Montreal Convention's liability limits may be adjusted for inflation every 5 years. 10.5 If clause 10.1 of these conditions is deemed invalid by any law of any country including those which apply to damage occurring during international Service by air, then our liability, subject to clause 11, is limited to a sum not exceeding $100 per consignment of Goods. 10.6 We exclude the Implied Terms which we are permitted to exclude at law and, where we are only permitted at law to limit the Implied Terms, we limit our liability for a breach of an Implied Term to, at our option, replacing or repairing the Goods, resupplying the Service or paying the cost of replacing or repairing the Goods or resupplying the Service. 10.7 You must notify us in writing of any claim (including a claim under clause 10) against us within. (a) 14 days from the date of Delivery for any damage; (b) 28 days from the date when the Goods should have been Delivered if the Goods are not delivered. 10.8 If you do not institute legal proceedings for any claim against us within 120 days of Delivery or the date when the Goods should have been delivered, you release us from all liability. 10.9 (a) Subject to clause 10.9(b), if the Service is a Next Flight Service and we do not deliver the Goods by the indicated delivery time then, despite the above, we will, upon written request, refund the Charge for the Service to you. (b) Clause 10.9(a) does not apply if the delivery time is not achieved due to Force Majeure. 11. Our Parcel Protection Warranties 11.1 Subject to the following paragraphs of this clause, if the Goods are Lost or damaged due to our negligence or wilful act or omission, we will pay you the lesser of the nominated level of protection and the substantiated fair value of the Lost Goods or Cost of Repair (Parcel Protection Warranty) 11.2 If you have a current account with us, the Parcel Protection Warranty will apply automatically to you, unless both parties agree in writing the Parcel Protection Warranty does not apply. You may also change the level of cover you require for particular consignments by indicating the change on the specific CN used for that consignment and you will be charged accordingly. 11.3 If you do not have a current account with us, you may select the level of protection you require by selecting the options available on the CN and you will be charged accordingly. 11.4 Parcel Protection Warranty is not available for the following items: Goods Type Examples Valuables, jewellery, and currency Gold, silver, precious metals or stones, jewellery, gems, tobacco or valuables, bank notes, currency, coins and negotiable instruments of any kind. Delicate or household items Antiques or works of art, glass, china or household goods exceeding $500 in value per consignment unless certified professionally packed as required by us. Large sporting goods Kayaks, surf-skis, long-boards (malibus), wind-surfers or similar equipment exceeding 3 metres in length. Other restrictions Perishable Goods exceeding $1,000 in value or Goods not adequately packaged in satchels or envelopes or Goods despatched on a prepaid service (unless otherwise agreed in writing). 11.5 Our Parcel Protection Warranties do not apply if: (a) the damage is caused or the Goods are Lost by electrical or mechanical derangement or injury, ordinary loss in weight or volume, shrinkage, ordinary leakage, wear and tear, insufficient or unsuitable packing or preparation, delay, inherent vice or Force Majeure; (b) you do not comply with clause 10.7; (c) you do not substantiate the Nominated Value of the Lost Goods or damage when and as we request; (d) the Goods are Lost or damage occurs while the Goods are transported by air and the air carriage involves an ultimate destination or stop in a country other than the country of departure. 11.6 If we pay damages under this clause for the replacement of the Goods we may retain or recover the damaged Goods. 11.7 We will only pay damages under this clause for Lost Goods or direct loss or damage to the Goods. We will not pay any indirect or consequential loss or increased cost of work or materials or damage including loss of profits, business or anticipated savings or any other economic loss even if we know they are possible or otherwise foreseeable. 11.8 GST will not be included in any payments made by us to you under clause 11. 12. General 12.1 These conditions represent the entire agreement between us. 12.2 We may change these conditions at any time by providing notice to you either electronically or in writing. 12.3 These conditions are governed by the laws of Victoria, Australia and any proceedings against us must be brought in Victoria, Australia only. 12.4 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.
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Terms and Conditions
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