Delivery terms and conditions
Delivery
Other than where you have a signed agreement covering the Services, these Service Conditions, together with the Conditions of Service, set out the terms on which Star Track Express Pty Limited ACN 001 227 890 ("StarTrack") will accept your freight for provision of the Services.
"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.
"Bulk Cube Method" means the method where multiple items consigned on one day are consolidated and measured by us collectively to calculate the Cubic Weight.
"Charges" means the StarTrack rates, charges, additional service charges, fees and surcharges agreed between us from time to time (whether expressly or impliedly), 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, roadway, customs, excise, or warehouse authority or other person including any duties, excise and costs charged by any governmental, non-governmental or administrative authority which we become liable to pay in respect of the Goods arising out of or in connection with providing the Services and any tax including GST levied directly on a supply under these Conditions.
"CN" means a consignment note in a form approved by us.
“Conditions” means these Service Conditions and the Conditions of Service.
“Conditions of Service” means the document we have provided to you that contains details of the Charges and additional terms and conditions relating to our Services and the Charges.
“Consequential Loss” means any economic loss, loss of revenue, loss of production, loss of profits, loss of income, loss of markets, loss of reputation, loss or impairment of goodwill, loss of business, loss of customers, loss of an opportunity or chance, loss of value, loss of use, loss of anticipated savings, increased costs of work or materials, or the cost of defending and settling any claim, demand or proceeding brought against you by any third party even if we had knowledge that such damages or loss might arise, and any other indirect, incidental, special or consequential damages or loss.
"Cubic Weight" means the weight determined by us by multiplying the height, width and depth of the Goods (in metres) by the standard cubic factor of 250 kgs/m3, or any other agreed cubic factor, 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 deemed of a dangerous or hazardous nature including but not limited to Goods which are or may become dangerous, inflammable, explosive, volatile or offensive (including radioactive materials) or Goods which are or may become liable to damage or injure any property or persons, 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 of a country or territory from, through or into which the Goods are carried.
"Dangerous Goods Declaration" means a written form of declaration that declares whether consignments contain or do not contain Dangerous Goods, which complies with the IATA Dangerous Goods Regulations and is signed by the Sender or its authorised agent.
“Date of Despatch” means the date on which the Goods are accepted by us from you and removed by us from the premises from which you ask us to collect the Goods.
"Dead Weight" means the weight designated by us to the Goods rounded up to the nearest whole kilogram.
"Delivery" means leaving the Goods at the Delivery Address, or as close to that as we reasonably and practically can, and “Deliver” and “Delivered” have corresponding meanings.
"Delivery Address" means the address on the CN or as we are notified otherwise by you as the address to which the Goods must be delivered by us to the Receiver.
"Excluded Goods" means Dangerous Goods and each of the following items: currency, cash and banknotes; negotiable instruments of any kind; gold, silver and other precious metals; jewellery; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; weapons; living animals or plants; human tissue, organs, blood or blood products; refrigerated/perishable items; glass, china, household goods exceeding $500 in value per consignment unless certified professionally packed as required by us or as otherwise agreed in writing; personal effects; second hand goods, used goods, cigarettes, tobacco and tobacco products; solar panels, any valuable documents; large sporting goods including but not limited to kayaks, surf skis, long boards (malibus), windsurfers or similar equipment exceeding 3 metres in length; Goods packaged in satchels or envelopes or despatched on a pre-paid service (unless otherwise agreed in writing by us).
"Force Majeure" means any circumstance or cause beyond our control including without limitation inclement weather, acts of God, industrial disputes, air traffic control, unserviceable aircraft, war, terrorist act, nuclear explosion, flood, fire, embargo, litigation, strikes, lockouts, riots, civil commotion, an airline captain's instructions, or act of a public authority, government or any agency instrumentality or any political subdivision thereof.
"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 Packaging supplied by you.
"GST" means any goods and services, 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 Competition and Consumer Act 2010 (Cth).
“International Carriage Conventions” means (1) the convention for the Unification of Certain Rules for International Carriage by Air, signed at Warsaw, 12 October 1929, or that convention as amended at The Hague, 28 September 1955, and by the Montreal Additional Protocol 4 at Montreal on 25 September 1975 (Warsaw Convention), or (2) the convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (Montreal Convention).
"Lost" in clause 11 means all Goods in the consignment that have not been Delivered and are unable to be located by us.
“Manual Handling Surcharge” means the manual handling surcharges for Premium and Express services as prescribed in the Conditions of Service.
“Maximum Cover" has the meaning given in clause 11.2 below.
"Packaging" means any container, packaging or pallet used for the purpose of containing and protecting the Goods for the purpose of the Services.
“Paperless Despatch” has the meaning given in clause 13.1.
"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 as established in accordance with clause 3.6.
"Receiver" means the person, organisation, business or company who receives the Goods upon Delivery by us.
"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.
"Sender" means the person, organisation, business or company who consigns Goods to us for the purposes of us providing the Services.
"Services" means the whole of the carriage, operations and services we undertake for the Goods, including but not limited to the transportation and storage of the Goods.
"Sub-Contractor" means:
(a) any person we arrange to perform the Services or any part thereof, and
(b) any person who is an employee, agent or sub-contractor of any person in paragraph (a).
"Transit Warranty" means the warranties in clause 11 or any other class of warranty agreed to by us.
"We" or "us" or "our" means Star Track Express Pty Limited ACN 001 227 890 and its Related Bodies Corporate and its officers, employees, agents and Sub-Contractors.
"You" or "your" means any person, organisation, business or company who requests the Services from us and with whom we contract and if more than one in relation to any Services, whoever we designate is responsible for the request of the Services.
3.1 The Services commence when the Goods are delivered to or received by us and terminates on Delivery.
3.2 Where the Receiver is unavailable or the Delivery Address is unattended and whether or not you or the Receiver has provided us with a duly signed written authority to do so, we may, at our sole discretion and at your sole cost and expense:
(a) deposit the Goods at the Delivery Address, which shall be conclusively deemed to be due Delivery of the Goods;
(b) return the Goods to our nearest depot or Australia Post Office and advise you to collect the same;
(c) store the Goods at your sole risk and you agree to indemnify us for all costs and expenses incurred in relation to such storage; or
(d) attempt to re-deliver the Goods to the Receiver or the Sender.
3.3 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), we accept no liability and you will not hold us responsible for any loss, damage or other liability occasioned to any items or any claims by you, the Receiver or any other party having an interest in the Goods, except to the extent that the loss is incurred as a direct result of our fraud or wilful misconduct, and you hereby indemnify us and will keep us indemnified against any claim for loss, damage or other liability occasioned by us as a result of acting in accordance with the provisions of this clause 3.2.
3.4 We are not a common carrier. Subject to any laws which cannot be excluded by agreement, we do not accept liability as a common carrier and may refuse to transport any particular Goods for any person or Goods which are IATA restricted articles.
3.5 Insurance is not included in the Charges. You are solely responsible for taking out and keeping current (at your own cost), all insurances in respect of the Goods and the Services as you consider to be reasonable and prudent.
3.6 We may establish POD by producing to you the CN or our driver's run sheet, a photograph of the parcel at the Delivery Address or an acknowledgment of receipt of the Goods signed by any person present at the Delivery Address at the time of Delivery whether electronically or otherwise, and absent any evidence to the contrary, the POD shall be binding on you or any person liable to pay the charges. We do not have to produce POD if the Goods were Delivered more than 12 months prior to your request for POD.
3.7 Subject to clause 11, we transport all Goods at your risk.
4.1 You acknowledge and agree:
(a) that all CNs will be prepared by you; or
(b) you will authorise a third party to prepare CNs on your behalf; and
(c) you are responsible for the accuracy of the content on the CNs.
4.2 You acknowledge and agree that we assume no liability for the transport of Excluded Goods.
4.3 You must not sell or provide to third parties any of our pre-paid products and you acknowledge that pre-paid products are non-refundable.
4.4 You acknowledge and agree that 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 Excluded Goods, Dangerous Goods, Semi-Fragile or Fragile Goods.
4.6 You agree that 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 and weight of individually packed Goods on the CN.
4.8 You will be responsible for ensuring that all Packaging conforms with the requirements of the Receiver. If we incur any expense or liability as a result of the Packaging not conforming with the requirements of the Receiver, you must immediately upon demand by us, reimburse and indemnify us for all expense or liability incurred by us.
4.9 You must ensure that any Goods consigned on a fixed-price service are packed in the StarTrack-supplied satchel or carton corresponding to the selected weight break, or, if we permit you to supply your own packaging, in a satchel or carton that conforms to our specified maximum volumes and/or dimensions (details available on our Box packaging & satchels page).
4.10 You acknowledge that subject to the Implied Terms and to the extent permitted by law, it is your responsibility to ensure that the Services are sufficient and suitable for your purpose.
You warrant that:
5.1 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;
5.2 all the Goods are or will be accurately described in the CN, accurately marked, addressed and appropriately packed having regard to the nature of the Goods and suitable for the Services with ordinary care in handling;
5.3 you will comply with all relevant laws and regulations and any reasonable instructions provided by us relating to the consigning, labelling, packaging, carriage, and delivery of the Goods (including but not limited to the requirements under the IATA Dangerous Goods Regulations, and the Australian Dangerous Goods Code);
5.4 you will fully declare all Dangerous Goods;
5.5 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;
5.6 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
5.7 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.
Subject to clauses 10 and 11 and to the maximum extent permitted by law, you will be liable for and will indemnify us against all loss, claims, damages, fines, expenses, demands or liabilities arising directly or indirectly from:
6.1 your breach of any of your obligations, warranties, representations and guarantees set out in these Conditions;
6.2 your breach of any applicable legislation (including but not limited to legislation relating to chain of responsibility and dangerous goods);
6.3 any negligent act or omission by you (or of your officers, employees, agents, contractors or subcontractors);
6.4 the illness, injury or death of any of your officers, employees, agents, contractors or subcontractors in connection with the provision of the Services;
6.5 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.
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 us.
7.3 We and our Sub-Contractors 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 aircraft or vehicle or service methods to carry out the whole or any part of the Services;
(b) lease or use any Packaging in which the Goods may be placed or packed;
(c) give any receipt for the Goods or any Packaging;
and any such contracts made for or 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, any lease arrangement and handover agreement or any receipt or other document, as the case may be.
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 We may accept for the purpose of the Services some Dangerous Goods, provided you have first provided to us a Dangerous Goods Declaration. 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.
7.7 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.
8.1 The Charges shall be considered fully earned as soon as the Goods are loaded and despatched from the Sender’s premises and you must comply with the provisions of clause 8.2 irrespective of whether the Goods have been Delivered to the Receiver or whether Goods which have been Delivered are damaged or otherwise, and in all circumstances the
Charges paid by you to us shall be absolutely non-refundable.
8.2 You must pay:
(a) by the date for payment on the tax invoice or statement, all Charges, and if any Charges are not paid by the date for payment, you must also pay an administration fee of $5.00 for each invoice period that an amount remains due and payable, plus the following late payment charges:
(i) for accounts with credit terms of 14 days or less, pay (for each period between invoices) a fee of 0.2% of the Charges that are due and payable and not paid by the date for payment; or
(ii) for accounts with credit terms of more than 14 days, pay (for each period between invoices) a fee of 1.5% of the Charges that are due and payable and not paid by the required date for payment; and
(b) a cheque handling flat fee of $100.00, payable once in a twelve-month period, where you make any payment to us during the year by cheque.
8.3 You:
(a) must pay Charges for delivery determined by the higher of the weight declared on the CN, the Dead Weight or Cubic Weight, by reference to our current rates schedule and/or the current special quoted rates offered by us to you, which may include additional charges for other services performed by us as specified in our current rates schedule;
(b) must, if applicable, pay any Transit Warranty Charges based on the declared value of the Goods or the Maximum Cover;
(c) agree that where you have provided information ab
