Terms & Conditions

Online Self-Service Terms & Conditions

The following Terms and Conditions are applicable to the carriage of pre-packed Goods booked through PACK & SEND's automated Online Self-Service system. Separate Terms and Conditions are applicable to Goods booked through PACK & SEND's Retail Service Centres in Australia which can be viewed on our website at www.packsend.com.au.

  1. DEFINITION

    In these Conditions:

    1. "PACK & SEND", "we", "us" and "our" means PACK & SEND Online Pty Ltd A.C.N. 158 156 837, its related bodies corporate (as this term is defined in the Corporations Act 2001 (Cth)) and its employees, contractors, agents and independent contractors;
    2. "you" and "your" means our customer (being the person or party who engages us to provide Services);
    3. "Goods" means the items accepted by PACK & SEND for carriage under this contract of carriage;
    4. "Market value" means the price that would be negotiated in an open and unrestricted market between a knowledgeable, willing but not anxious buyer and a knowledgeable, willing but not anxious seller acting at arm's length;
    5. "Prohibited Online Goods" means those items classified by PACK & SEND as being incompatible for transport through our automated Online Self-Service system and which are not accepted for carriage and must not be booked and sent through the Online Self-Service system.
    6. "Online Self-Service" means the automated online ordering and payment system on the website: www.packsend.com.au for services provided or to be provided by us in connection with the carriage of the Goods including without limitation, the carriage, transport and/or related storage of the Goods or any operations or service incidental to any of them.
    7. "Sub-Contractor" includes any person who under a contract or arrangement with any person (whether us or not) performs or agrees to perform the Services or any part of the Services;
    8. "Freight plus Warranty" means an extended service option that, subject to these Terms and Conditions, includes us providing a warranty for physical loss or damage of the Goods whilst in our care, custody or control as set out in condition 8 below;
    9. Words denoting the singular include the plural and vice versa; any gender includes the other gender; and persons include corporations and bodies politic and include their legal personal representatives and assigns.
  2. SERVICES & PRICING

    1. 2.1PACK & SEND Online Self-Service is an automated ordering and payment system available to customers 7 days a week, 24 hours a day for a limited range of services. Collections and deliveries of Goods occur only on a business day. You must suitably package the Goods for carriage in accordance with this contract of carriage. PACK & SEND will not accept Prohibited Online Goods for carriage. Items are classified as Prohibited Online Goods based on their weight, size, value, fragility and nature of the items and you are required to check on our website that your Goods are not Prohibited Online Goods before booking your automated Online Self-Service order. You may arrange transport of Prohibited Online Goods with a PACK & SEND Retail Service Centre under separate Terms and Conditions.
    2. 2.2Methods of carriage include road and air via express courier services with such Services being selected online by you as part of the automated booking system process. We will give priority to the method of carriage designated by you but if that method cannot conveniently be adopted by us you shall be deemed to authorise us to carry or have the Goods carried by another method or methods.
    3. 2.3Online Self-Service 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.
    4. 2.4The Online Self-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 PACK & SEND Service Centre whose details appear on your Tax Invoice, where an alternative collection arrangement will be booked as soon as possible.
    5. 2.5Online Self-Service does not offer flexibility for you to nominate a collection or delivery time slot for any given business day. However, PACK & SEND offers a Drop-Off Service and a Hold for Collection Service option for Online Self-Service customers that allows you to:
      1. Drop off and lodge your packed Goods (already booked and paid through the automated Online Self-Service) at your chosen PACK & SEND Retail Service Centre during service centre opening hours to avoid you waiting for the driver to collect the packed Goods at your premises and, or
      2. Consign your packed Goods for delivery to your chosen PACK & SEND Retail Service Centre at its intended destination in order for the recipient to conveniently collect the Goods during Service Centre opening hours.
    6. 2.6The Online Self-Service automated system books and charges for the delivery based on the consignment details you have completed online. Our charges are based on the greater of charges based on the actual weight or volume of the Goods. For the purpose of calculating weight we round up to the next whole kilogram.
    7. 2.7In addition to the delivery charge, we may charge you surcharges and fees as published in the Surcharge Schedule List on our website. Surcharges are applied against your credit card or PayPal account used to complete the automated Online Self-Service booking. The following surcharges apply to the Online-Self-Service:
      1. 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.
      2. Prohibited Online Goods Return Charge: applies to any items that are classified as a Prohibited Online Good on our website but is booked by you through the automated Online Self-Service 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.
      3. Booking Alteration Charge: applies to any alteration you request to the booking of your automated Online Self-Service, such as a change of a delivery address.
      4. Cancellation Charge: applies when an Online Self-Service booking is cancelled.
      5. 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 PACK & SEND Online Self-Service 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.
      6. 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.
      7. 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, depot or Post Office on another Working Day.
      8. Return Charge: It is the responsibility of the customer when using the Online Self-Service 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.
      9. Proof of Delivery Charge: It is the responsibility of the customer when using the Online Self-Service to track the delivery of the Goods through our website using your assigned Online Self-Service tracking number. If you require a hard copy Proof of Delivery a surcharge will apply.
      10. Paperwork Charge: Our automated Online Self-Service system requires you to print a bar-coded label and attach this to your packed Goods as well as printed documentation to be handed over with your Goods. A surcharge will apply if any paperwork is required to be produced or completed by PACK & SEND because you have not printed the required documents.
      11. Packaging Service Charge: Applicable packaging charges as quoted by PACK & SEND may apply when the Goods are not packaged correctly for transport.
      12. Storage Charge: applies in circumstances where you elect to consign your packed Goods for delivery to the nearest PACK & SEND Retail 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 5 Working Days from the date the PACK & SEND Retail Service Centre advises you of receipt then you must pay a storage fee for each day the Goods remain uncollected.
    8. 2.8The Goods are accepted for carriage by PACK & SEND through the automated Online Self-Service system on the following conditions:
      1. that you are an Australian resident and the Online Self-Service order is booked using an Australian registered credit card;
      2. that your Goods have been prepared and packed safely and carefully by you to a standard as published on our website with the outer packaging and internal cushioning sufficient to protect the Goods against shock, vibration, compression and short drops during the handling and sortation process, transport and storage;
      3. that you have printed and securely adhered the PACK & SEND automated Online Self-Service consignment label to the packed Goods prior to collection by the driver;
      4. that for Goods booked for international delivery, you have completed the required documentation as guided online by PACK & SEND (e.g. customs invoice) and will provide these completed documents to the driver on collection;
      5. that the items consigned are not Prohibited Online Goods and that you have ticked a check box to state that you have read and understood what is a Prohibited Online Good as part of this contract of carriage;
      6. that the Goods comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and you accept that any expenses and charges incurred by us in complying with legal requirements will be paid by you;
      7. that if any Goods are subject to the control of customs authorities, all duty, excise duty, taxes and costs which PACK & SEND becomes liable to pay and does pay shall be paid by you;
      8. that you have fully and adequately described the Goods (including but not limited to providing a full and accurate description of the Goods, weight, volume and number of items) on the electronic booking and consignment note;
      9. You are responsible for the information entered into the automated Online Self-Service booking and PACK & SEND will not be held responsible for wrong information that you provide us and any delay this may cause.
      10. Guaranteed transit times are not offered by PACK & SEND's automated Online Self-Service. Any transit times quoted by us are issued as a guide only.
      11. You are responsible with the Online Self-Service for ensuring that all details are correctly completed and displayed on the correct parcel and PACK & SEND will not be liable if the Goods are sent and the details were incorrect or placed on the incorrect parcel.
      12. that the person booking the Goods for carriage through the automated Online Self-Service is the owner of the Goods or is authorised to act as the agent for the owner on the terms of this contract of carriage and you as our customer agree to indemnify us for any liability we may incur to any other party in any way relating to the provision of the Services;
      13. that you will inform PACK & SEND of any known registered security interests in the Goods and acknowledge that we will have a security interest over any assets which are the subject of the contracted services and in our possession and acknowledge and consent to the registration and protection of that interest pursuant to the Personal Property Securities Act 2009 (Cth) (as amended) and the Regulations made under that Act; and you will indemnify us for any loss or damage resulting from a breach of any of these provisions.
      14. You will be liable for any damages caused in transit to other shipments or property resulting from sending a Prohibited Online Good through the automated Online Self-Service system.
    9. 2.9You authorise us (if we should think fit to do so) to arrange with a sub-contractor for the carriage of any Goods the subject of this contract. Any such arrangement shall be deemed to be ratified by you upon delivery of the said Goods to such sub-contractor.
    10. 2.10You shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods which may in our absolute discretion be deemed reasonable or necessary in the circumstances.
    11. 2.11You authorise us to contract with sea or air carriers under bills of lading or air waybills and in doing so we will at all times act as an agent for you and you will be bound by the terms of any such bill of lading or air waybill as if it is entered into by you.
    12. 2.12We do not guarantee to stop any Goods once in transit if requested by you to do so although we will use our best endeavours to do so. We will not be liable for any claim relating to Goods that you have requested to be stopped in transit or returned but are not stopped or are delivered to the receiver.
  3. DANGEROUS GOODS

    1. 3.1PACK & SEND does not carry, nor perform other services regarding, goods which are in our sole opinion are dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of dangerous goods by road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods (collectively referred to as 'dangerous goods'). Please refer to our website at www.packsend.com.au for some examples of Goods that are classified as dangerous goods.
    2. 3.2Whether or not you have told us that your shipment comprises dangerous goods you agree that if we consider on reasonable grounds that the Goods may cause injury or damage, we may at your cost do anything appropriate to minimise or avoid such injury or damage, including disposing of or destroying such Goods. We will not be liable to you for any loss or damage you may incur by reason of our actions under this condition.
  4. AIR CARGO SECURITY REGULATIONS

    1. 4.1You must ensure and you certify by completing our consignment note or tendering Goods to us that the Goods do not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of your Goods on the consignment note and other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information. Goods carried, or handled, by us may be subject to security screening which could include the use of X-ray equipment and you accept that packages containing your Goods may be opened and the contents of your packages may be examined in transit.
    2. 4.2You declare that you have prepared the Goods for carriage, or for the performance by us of other Services, in secure premises using reliable staff employed by you and that the goods have been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the Goods by us.
  5. RIGHT OF INSPECTION

    1. 5.1You agree that we or any governmental authority including customs may open and inspect your shipment at any time and take any action considered necessary in relation to the Goods if we (or any governmental authorities) consider the need to verify the condition, nature, ownership or destination of the Goods or if we (or any governmental authorities) consider the shipment may contain prohibited items or dangerous goods.
  6. METHOD OF PAYMENT

    1. 6.1All prices quoted by PACK & SEND's automated Online Self-Service on the website are in Australian dollars. Payment is taken by our automated Online Self-Service system once your order has been booked with us. PACK & SEND will perform payment security checks on certain transactions and values.
    2. 6.2In addition to the quoted delivery charges, we may charge you surcharges (as specified in condition 2.8 of this contract of carriage) to the credit card or PayPal account used to complete the automated Online Self-Service booking. If we are unable to redeem the full payment from your credit card or PayPal account then you guarantee to pay the applicable surcharges within seven (7) days notification. Should you fail to pay any surcharges in full within 7 days of notification, you agree to pay an accounting surcharge of 20% of the gross value of the total overdue amount, together with the then current interest rate charged by the Reserve Bank for loans less than $100,000.00 plus 2.5%, to be calculated on a daily basis from the first date of the account becoming overdue until payment is made in full, or until Judgement, as the case may be.
    3. 6.3Subject only to the interest of any registered security interest holder of which PACK & SEND has been given notice, we will have a general lien on your Goods, any documents relating to your Goods and on any other of your Goods in the possession of PACK & SEND for all charges and other amounts payable by you to us. For that purpose we may sell all or any of your Goods in our possession after 14 days notice to you and will apply the proceeds in or towards the discharge of the lien together with all costs of detention, retention and the costs of sale without liability to any person whatsoever and without prejudice to the right of PACK & SEND to otherwise recover the charges and other amounts payable to us in respect of the carriage of the Goods. We will pay any surplus from the sale to the entitled person.
    4. 6.4Every special instruction that charges will be paid by any person other than you will be deemed to include a stipulation that if such other person does not pay the charges within 7 days of the date set for payment, then you will pay the charges.
  7. EXTENT OF OUR LIABILITY

    1. 7.1We 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.
    2. 7.2Subject to condition 8 below, all Services supplied by PACK & SEND are at your risk, subject only to the application of the Competition and Consumer Act 2010 and the Australian Consumer Law if applicable.
    3. 7.3Unless otherwise expressly agreed in writing or our Services are subject to the Freight plus 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.
    4. 7.4To 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.
    5. 7.5We do not provide insurance coverage of any kind. Insurance will be your sole responsibility. Insurance will not be arranged by us. We will be under no liability whatsoever for the adequacy of the insurance or your failure to arrange insurance.
    6. 7.6We will be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by us within six months after delivery of the Goods or the date when the Goods should have been delivered. In the event that the said time period shall be found contrary to any Convention or law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstance only.
      1. In the case of carriage by air, no optional declaration of value to increase the air carrier's liability under the Civil Aviation (Carrier's Liability) Act 1959 will be made except upon express instructions given in writing by you and with the agreement of the air carrier.
      2. In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and the Goods will be forwarded or dealt with at Owner's Risk or other minimum charges unless express instructions in writing to the contrary are given by you and with agreement of the carrier, warehouseman or other person.
    7. 7.7In respect of any clause herein which excludes or in any way limits our liability in respect of the Services relating to the Goods, the PACK & SEND Retail Service Centre in addition to acting for itself, is acting as agent and trustee for each of its employees and agents and any other person or company with whom we may arrange for the carriage or storage of the Goods and the employees of such person or company so that its employees and such person or company and his or its employees are parties to this contract so far as the exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause we shall hold the benefit of these conditions for our employees and for any such person or company and his or its employees.
    8. 7.8Notwithstanding any condition herein limiting or excluding our liability, where the contract involves the transportation and/or storage of Goods otherwise than for the purpose of a business, trade, profession or occupation carried on or engaged in by the person for whom the Goods are transported, the contract shall be subject to the guarantees implied under the Competition and Consumer Act 2010 and the Australian Consumer Law and in particular the guarantee that such transportation will be rendered with due care and skill.
    9. 7.9In the event that, whether pursuant to any liability imposed on us or otherwise, we make any payments to you in respect of loss or damage to or delay in delivery of Goods (including consequential loss), you hereby assign to us all rights which you may have under any policy of insurance or with any third party to recover such loss and you hereby irrevocably appoints us as your Attorney with full power in your name to claim, demand, sue for, recover any such amount and you will execute all such documents and provide all such information as may be necessary to enable us to obtain the full benefit of this clause.
  1. FREIGHT PLUS WARRANTY

    1. 8.1Where the Freight plus Warranty service has been purchased by you for any Goods, conditions 7.2, 7.3 and 7.4 do not apply to loss or damage to those Goods in our care, custody or control, but we will not be liable for consequential loss of any kind (including loss of intrinsic value of Goods) or for loss or damage resulting from:
      1. ordinary leakage, loss in weight or volume or ordinary wear and tear of the Goods;
      2. faulty manufacture or inherent vice or nature of the Goods;
      3. wars or strikes, actions of government or customs authorities (including rejection or refusal of importation permission), nuclear or radioactive contamination, or mould;
      4. insufficiency or unsuitability of packing of the Goods other than by or on behalf of PACK & SEND Retail Service Centre;
      5. mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown;
      6. Loss of data;
      7. delayed delivery of the Goods;
      8. Goods that are destroyed by foreign customs authorities due to noncompliance with foreign laws/regulations or delay in pick up;
      9. Goods that are documents and services that are 'international mail';
      10. where you provide to PACK & SEND an 'authority to leave' without signing the delivery document';
      11. where you have acknowledged satisfactory and safe delivery of the Goods by signing the delivery document; or
      12. Goods that are bullion, cash, coins, banknotes, deeds, bonds, bills of exchange, or other documents representing money, credit cards, gift cards or the like, jewellery, negotiable items, gold or silver articles, precious stones or articles containing gold, silver or precious stones, livestock, bloodstock or living plants/things.
    2. 8.2To the extent permitted at law and under the Competition and Consumer Act 2010 and the Australian Consumer Law as scheduled to that Act, the Freight plus Warranty service does not operate to render us liable for more than the Market value or declared value of the Goods, whichever is lesser.
    3. 8.3In addition to condition 8.1 and 8.2 above, you agree:
      1. to notify us of any loss or damage to goods upon receipt of the Goods or in the event of non-delivery within the time set out in condition 9.3 of these conditions and to ensure that you make an appropriate notation of the non-delivery or damage on the delivery docket;
      2. to declare the actual Market value of the Goods. If the Declared Value of Goods is less than the actual Market value of the corresponding Goods (Actual Value of Goods) we will not be liable for more than the amount in the following formula: [Declared Value of Goods divided by Actual Value of Goods] multiplied by Declared Value of Goods;
      3. that for Goods that are an entire set of goods or for pairs of goods where not all items of the set or pair are lost or damaged, liability will be limited to the damaged or lost part of the Goods only;
      4. to provide evidence of damage to the Goods and the amount of any loss or damage, at the request of us. You must retain both the damaged Goods and the packaging for inspection by us or our agents or nominees;
      5. that PACK & SEND will have sole discretion whether to repair or replace the Goods or whether to make a cash payment for the Market value of the damaged or undelivered Goods. Antiques, collections, collectables, works of art, curios and items of that nature may be replaced at the discretion of PACK & SEND.
  2. CLAIMS PROCEDURE

    1. 9.1Subject to any law, regulation or convention which compulsorily applies and which we are unable to contract out of (irrespective of whether or not we have attempted to contract out of such law, regulation or convention), your right to claim damages against us shall be extinguished unless you comply with the claims procedure under this condition 9.
    2. 9.2If you believe we are liable to you, you must:
      1. Contact the PACK & SEND Service Centre whose details appear on your Tax Invoice, Monday to Friday 8:30am to 5:30pm (excluding public holidays), within 7 days of the date that the cause of action giving rise to the claim arose;
      2. Complete your claim form online at www.packsend.com.au/online-selfservice-claim ensuring you attach the required supporting documentation in order to process your claim;
      3. Supporting documents to be lodged online by you may include photographs, independent quotes, and invoices to support your valuation of the Goods and repairers invoices. You must prove market value/loss at your own expense;
      4. Lodge your claim form and any supporting documents online at www.packsend.com.au/online-selfservice-claim within 30 days of the date that the cause of action giving rise to the claim arose.
    3. 9.3We 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 within the time applicable under condition 7.11.
  3. LAW & JURISDICTION

    1. 10.1The contract will be governed and construed in accordance with the laws of the State in which the contract is made, or if outside Australia the laws of the State in Australia in which the Goods were delivered or ought to have been delivered, and any dispute will be resolved in the courts of that State, unless otherwise agreed between the PACK & SEND Retail Service Centre and you.
  4. PRIVACY

    1. 11.1The information collected in this document will be used primarily for the purposes of conducting the Services and may be used to forward you information regarding PACK & SEND products and services. Access to the information is available subject to certain conditions. Please refer to our Privacy Statement at www.packsend.com.au.

SURCHARGE SCHEDULE LIST -
ONLINE SELF-SERVICE

PACK & SEND has a number of surcharges relating to the Online Self-Service that may be applicable in addition to the delivery charge (refer clause 2.7 of our Terms and Conditions). All fees and surcharges are quoted in Australian dollars (AUD) and are inclusive of GST (where applicable). PACK & SEND 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 $10 per item.

Prohibited Online Goods 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.

Cancellation Charge

$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

$20.

Waiting Despatch Charge

$0.00 to 10 minutes then $100 per hour charged in 5 minute increments.

Re-delivery charge

$15 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, depot or Post Office.

Return Charge

Applicable transport charge for the return delivery.

Proof of Delivery Charge

$10 for each hard copy of a Proof of Delivery requested per consignment.

Paperwork Charge

$15.

Packaging Service Charge

Applicable packaging charges as quoted by PACK & SEND.

Storage Charge

$2.00 per item per day for each day the Goods remain uncollected.

Retail Service Centre Terms & Conditions

The following Terms and Conditions are applicable to the carriage of Goods booked through PACK & SEND's Retail Service Centres in Australia. Contact details and locations of PACK & SEND Retail Service Centres can be found at www.packsend.com.au. Separate Terms and Conditions are applicable to Goods booked through PACK & SEND's automated Online Self-Service system which can be viewed at www.packsend.com.au.

If there is a conflict between these Terms and Conditions and the Terms and Conditions of any PACK & SEND Retail Service Centre consignment note or other agreement from a Retail Service Centre, then these Terms and Conditions will apply to the extent permitted at law and under the Competition and Consumer Act 2010.

  1. DEFINITION

    In these Conditions:

    1. "PACK & SEND Retail Service Centre", "we", "us" and "our" means the entity trading as "PACK & SEND" that is selling Services from the PACK & SEND Retail Service Centre premises as specified on the face of the consignment note, and includes their employees, contractors, agents and independent contractors;
    2. "you" and "your" means our customer (being the person or party who engages us to provide Services);
    3. "Freight plus Warranty" means an extended service option that, subject to these Terms and Conditions, includes us providing a warranty for physical loss or damage of the Goods whilst in our care, custody or control as set out in condition 8 below;
    4. "Goods" means the items accepted by the PACK & SEND Retail Service Centre for carriage under this contract of carriage;
    5. "Market value" means the price that would be negotiated in an open and unrestricted market between a knowledgeable, willing but not anxious buyer and a knowledgeable, willing but not anxious seller acting at arm's length;
    6. "Services" means all of the operations and services provided or to be provided by us in connection with the carriage of the Goods including without limitation, the carriage, transport and/or incidental storage of the Goods or any operations or service incidental to any of them;
    7. "Sub-Contractor" includes any person who under a contract or arrangement with any person (whether us or not) performs or agrees to perform the Services or any part of the Services;
    8. Words denoting the singular include the plural and vice versa; any gender includes the other gender; and persons include corporations and bodies politic and include their legal personal representatives and assigns.
  2. SERVICES & PRICING

    1. 2.1Methods of carriage include road, air, rail or sea by way of Services that include (but are not limited to) postal, express courier, specialised freight, general freight and furniture moving services. If you instruct us to use a particular method of carriage we will give priority to the method designated but if that method cannot conveniently be adopted by us you shall be deemed to authorise us to carry or have the goods carried by another method or methods.
    2. 2.2If your Goods have not been sighted by us, our price estimate is based on the information you have communicated to us. This information includes weight, dimensions, item value, fragility and destination. If on the receipt of Goods at our Retail Service Centre this information has changed, then the price to be charged to you may also change. This price may be higher or lower than the original price estimate provided to you over the phone or by email. We will obtain your approval before proceeding with any Services that may need to be charged at a rate higher than the original price estimate.
    3. 2.3If we have agreed to provide Services 'to the Port' you are responsible for collecting the Goods from the assigned agent at the destination port. Prices quoted for 'to the Port' deliveries do not include any destination or port charges and you will be responsible for the payment of any destination or port charges incurred and due upon arrival of your Goods at the destination port. Destination and port charges vary from country to country and we have no control over any such deemed charges and we are not responsible for any payment whatsoever of destination and port charges. You also agree that if your Goods are not cleared and collected by you immediately from the arrival port that storage charges may also apply and you will be responsible for the payment of such storage charges.
    4. 2.4If it is agreed that we will provide a Drop-Off service you must drop off and lodge your Goods at our Retail Service Centre during Service Centre opening hours and if it is agreed that we will provide a Hold for Collection service you must consign your Goods for delivery to the nearest PACK & SEND Service Centre at its intended destination in order for the recipient to conveniently collect the Goods during service centre opening hours.
    5. 2.5Goods accepted by us for carriage are subject to the following conditions:
      1. 2.5.1that the Goods comply with the requirements of any applicable law relating to the nature, condition and packaging of Goods and you accept that any expenses and charges incurred by us in complying with legal requirements will be paid by you;
      2. 2.5.2that if any Goods are subject to the control of the customs or any authorities, all duty, excise duty and costs which we become liable to pay and do pay shall be paid by you (including any storage charges and costs/expenses if items are destroyed);
      3. 2.5.3that the Goods are fully and adequately described in writing in the space provided on the face of this consignment note;
      4. 2.5.4that the person delivering any Goods to our Retail Service Centre for carriage or forwarding is authorised to sign this consignment note for you and that you as our customer agree to indemnify us for any liability we may incur to any other party in any way relating to the provision of the Services;
      5. 2.5.5that you will inform us of any known registered security interests in the Goods and acknowledge that we will have a security interest over any assets which are the subject of the contracted services and in our possession and acknowledge and consent to the registration and protection of that interest pursuant to the Personal Property Securities Act 2009 (Cth) (as amended) and the Regulations made under that Act; and you will indemnify us for any loss or damage resulting from a breach of these provisions.
    6. 2.6You authorise us (if we should think fit to do so) to arrange with a sub-contractor for the carriage of any Goods the subject of this contract. Any such arrangement shall be deemed to be ratified by you upon delivery of the said Goods to such sub-contractor.
    7. 2.7You shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods which may in our absolute discretion be deemed reasonable or necessary in the circumstances.
    8. 2.8You authorise us to contract with sea or air carriers under bills of lading or air waybills and in doing so we will at all times act as an agent for you and you will be bound by the terms of any such bill of lading or air waybill as if it is entered into by you.
    9. 2.9In circumstances where you elect for a person to be in attendance to receive the Goods and a person is not in attendance at the address given during normal business hours when delivery is attempted, an additional charge may be made at ruling rates for each delivery until delivery is accomplished. If you elect to not be in attendance when the Goods are delivered then the goods may be left without receipt at the nominated address. If the nominated address for delivery is to another PACK & SEND Service Centre and the Goods are not collected within 5 business days from the date of delivery then you must pay a storage fee of AUD$2.00 plus GST per item per day for each day the Goods remain uncollected. The Goods will not be released until the fee is paid in full.
    10. 2.10We do not guarantee to stop any Goods once in transit if requested by you to do so although we will use our best endeavours to do so. We will not be liable for any claim relating to Goods that you have requested to be stopped in transit or returned but are not stopped or are delivered to the receiver.
  3. DANGEROUS GOODS

    1. 3.1Except in the circumstances shown in condition 3.2 below we do not carry, nor perform other services regarding, goods which in our opinion are dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other Services regarding, dangerous goods (collectively referred to as 'dangerous goods'). Please refer to our website at www.packsend.com.au. Separate Terms and Conditions are applicable to goods booked through PACK & SEND's automated Online Self-Service system which can be viewed at www.packsend.com.au for some examples of Goods that are classified as dangerous goods.
    2. 3.2We may at our discretion accept some dangerous goods for carriage. Dangerous goods will only be accepted if they comply with the applicable regulations, codes and technical instructions (as referred to in condition 3.1) and any further requirements as specified by us.
    3. 3.3Whether or not you have told us that a shipment comprises dangerous goods you agree that if we consider on reasonable grounds that the Goods may cause injury or damage, we may at your cost do anything appropriate to minimise or avoid such injury or damage, including disposing of or destroying such Goods. We will not be liable to you for any loss or damage you may incur by reason of our actions under this condition.
  1. AIR CARGO SECURITY REGULATIONS

    1. 4.1You must ensure and you certify by completing our consignment note or tendering Goods to us that the Goods do not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of your Goods on the consignment note and other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information. Goods carried, or handled, by us may be subject to security screening which could include the use of X-ray equipment and you accept that packages containing your Goods may be opened and the contents of your packages may be examined in transit.
    2. 4.2You declare that you have prepared the Goods for carriage, or for the performance by us of other Services, in secure premises using reliable staff employed by you and that the goods have been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the Goods by us.
  1. RIGHT OF INSPECTION

    1. 5.1You agree that we or any governmental authority including customs may open and inspect your shipment at any time and take any action considered necessary in relation to the Goods if we (or any governmental authorities) consider the need to verify the condition, nature, ownership or destination of the Goods or if we (or any governmental authorities) consider the shipment may contain prohibited items or dangerous goods.
  1. METHOD OF PAYMENT

    1. 6.1Our charges are earned as soon as the Goods are delivered to us or collected from you or from the address nominated by you.
    2. 6.2Acceptable methods of payment are major credit cards and cash. Businesses that send a minimum monthly shipment volume through the PACK & SEND Retail Service Centre may be provided credit privileges by paying on invoice within fourteen (14) days of the invoice date (by company cheque or electronic funds transfer) subject to us approving a completed credit application form following credit investigation and verification. Failure to pay invoices when due may result in you losing your credit privileges. If your credit privilege account is not in good credit standing, your Goods may be delayed or returned by us until the invoice is paid.
    3. 6.3Notwithstanding any credit arrangements and subject only to the interest of any registered security interest holder under the Personal Property Securities Act 2009 (Cth) (as amended) and the Regulations made under that Act of which we have been given notice, we will have a general lien on your Goods, any documents relating to your Goods and on any other of your Goods in our possession for all charges and other amounts payable by you to us. For that purpose we may sell all or any of your Goods in our possession after 14 days notice to you and will apply the proceeds in or towards the discharge of the lien together with all costs of detention, retention and the costs of sale without liability to any person whatsoever and without prejudice to our right to otherwise recover the charges and other amounts payable to us in respect of the carriage of the Goods. We will pay any surplus from the sale to the entitled person.
    4. 6.4Every special instruction that charges will be paid by any person other than you will be deemed to include a stipulation that if such other person does not pay the charges within 7 days of the date set for payment, then you will pay the charges.
  1. EXTENT OF LIABILITY

    1. 7.1We 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.
    2. 7.2Subject to condition 8 below, all Services supplied by the PACK & SEND Retail Service Centre are at your risk, subject only to the application of the Competition and Consumer Act 2010 and the Australian Consumer Law if applicable.
    3. 7.3Unless otherwise expressly agreed in writing or our Services are subject to the Freight plus 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.
    4. 7.4To 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.
    5. 7.5We do not provide insurance coverage of any kind. Insurance will be your sole responsibility. Insurance will not be arranged by us. We will be under no liability whatsoever for the adequacy of the insurance or your failure to arrange insurance.
    6. 7.6We will be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by us within six months after delivery of the Goods or the date when the Goods should have been delivered. In the event that the said time period shall be found contrary to any Convention or law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstance only.
      1. In the case of carriage by sea, the value will not be declared or inserted in the Bill of Lading for the purpose of extending the sea carrier's liability under Article IV Rule 5(a) of Schedule 1 of the Carriage of Goods by Sea Act 1991 except upon the express instructions given in writing by you with the agreement of the sea carrier.
      2. In the case of carriage by air, no optional declaration of value to increase the air carrier's liability under the Civil
        Aviation (Carrier's Liability) Act 1959 will be made except upon express instructions given in writing by you and with the agreement of the air carrier.
      3. In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and the Goods will be forwarded or dealt with at your risk and minimum charges unless express instructions in writing to the contrary are given by you and with agreement of the carrier, warehouseman or other person.
    7. 7.7In respect of any clause herein which excludes or in any way limits our liability in respect of the Services relating to the Goods, the PACK & SEND Retail Service Centre in addition to acting for itself, is acting as agent and trustee for each of its employees and agents and any other person or company with whom we may arrange for the carriage or storage of the Goods and the employees of such person or company so that its employees and such person or company and his or its employees are parties to this contract so far as the exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause we shall hold the benefit of these conditions for our employees and for any such person or company and his or its employees.
    8. 7.8Notwithstanding any condition herein limiting or excluding our liability, where the contract involves the transportation and/or storage of Goods otherwise than for the purpose of a business, trade, profession or occupation carried on or engaged in by the person for whom the Goods are transported, the contract shall be subject to the guarantees implied under the Competition and Consumer Act 2010 and the Australian Consumer Law and in particular the guarantee that such transportation and storage will be rendered with due care and skill.
    9. 7.9In the event that, whether pursuant to any liability imposed on us or otherwise, we make any payments to you in respect of loss or damage to or delay in delivery of Goods (including consequential loss), you hereby assign to us all rights which you may have under any policy of insurance or with any third party to recover such loss and you hereby irrevocably appoint us as your Attorney with full power in your name to claim, demand, sue for, recover any such amount and you will execute all such documents and provide all such information as may be necessary to enable us to obtain the full benefit of this clause.
  1. FREIGHT PLUS WARRANTY

    1. 8.1Where the Freight plus Warranty service has been purchased by you for any Goods, conditions 7.2, 7.3 and 7.4 do not apply to loss or damage to those Goods in our care, custody or control, but we will not be liable for consequential loss of any kind (including loss of intrinsic value of Goods) or for loss or damage resulting from:
      1. ordinary leakage, loss in weight or volume or ordinary wear and tear of the Goods;
      2. faulty manufacture or inherent vice or nature of the Goods;
      3. wars or strikes, actions of government or customs authorities (including rejection or refusal of importation permission), nuclear or radioactive contamination, or mould;
      4. insufficiency or unsuitability of packing of the Goods other than by or on behalf of PACK & SEND Retail Service Centre;
      5. mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown;
      6. Loss of data;
      7. delayed delivery of the Goods;
      8. Goods that are destroyed by foreign customs authorities due to noncompliance with foreign laws/regulations or delay in pick up;
      9. Goods that are documents and services that are 'international mail';
      10. where you provide to PACK & SEND an 'authority to leave' without signing the delivery document';
      11. where you have acknowledged satisfactory and safe delivery of the Goods by signing the delivery document; or
      12. Goods that are bullion, cash, coins, banknotes, deeds, bonds, bills of exchange, or other documents representing money, credit cards, gift cards or the like, jewellery, negotiable items, gold or silver articles, precious stones or articles containing gold, silver or precious stones, livestock, bloodstock or living plants/things.
    2. 8.2To the extent permitted at law and under the Competition and Consumer Act 2010 and the Australian Consumer Law as scheduled to that Act, the Freight plus Warranty service does not operate to render us liable for more than the Market value or declared value of the goods as stated on the consignment note, whichever is lesser.
    3. 8.3In addition to condition 8.1 and 8.2 above, you agree:
      1. to notify us of any loss or damage to goods upon receipt of the Goods or in the event of non-delivery within the time set out in condition 9.3 of these conditions and to ensure that you make an appropriate notation of the non-delivery or damage on the delivery docket;
      2. to declare the actual Market value of the Goods in section 3 of the face of the consignment note. If the declared value of the Goods declared in section 3 of the consignment note (Declared Value of Goods) is less than the actual Market value of the corresponding Goods (Actual Value of Goods) we will not be liable for more than the amount in the following formula: [Declared Value of Goods divided by Actual Value of Goods] multiplied by Declared Value of Goods;
      3. that for Goods that are an entire set of goods or for pairs of goods where not all items of the set or pair are lost or damaged, liability will be limited to the damaged or lost part of the Goods only;
      4. to provide evidence of damage to the Goods and the amount of any loss or damage, at the request of us. You must retain both the damaged Goods and the packaging for inspection by us or our agents or nominees;
      5. that PACK & SEND Retail Service Centre will have sole discretion whether to repair or replace the Goods or whether to make a cash payment for the Market value of the damaged or undelivered Goods. Antiques, collections, collectables, works of art, curios and items of that nature may be replaced at the discretion of PACK & SEND.

9.CLAIMS PROCEDURE

    1. 9.1Subject to any law, regulation or convention which compulsorily applies and which we are unable to contract out of (irrespective of whether or not we have attempted to contract out of such law, regulation or convention), your right to claim damages against us shall be extinguished unless you comply with the claims procedure under this condition 9.
    2. 9.2If you believe we are liable to you, you must:
      1. Contact the PACK & SEND Retail Service Centre whose contact details and location are specified on the face of your consignment note within 7 days of the date that the cause of action giving rise to the claim arose;
      2. Lodge your claim form and any supporting documents to the PACK & SEND Retail Service Centre within 30 days of the date that the cause of action giving rise to the claim arose;
      3. Supporting documents to be lodged by you may include photographs, independent quotes and invoices to support your valuation of the Goods and repairers invoices. You must prove market value/loss at your own expense.
    3. 9.3We 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 within the time applicable under condition 7.6.

10.LAW & JURISDICTION

    1. 10.1The contract will be governed and construed in accordance with the laws of the State in which the contract is made, or if outside Australia the laws of the State in Australia in which the Goods were delivered or ought to have been delivered, and any dispute will be resolved in the courts of that State, unless otherwise agreed between the PACK & SEND Retail Service Centre and you.

11.PRIVACY

    1. 11.1The information collected in this document will be used primarily for the purposes of conducting the Services and may be used to forward you information regarding PACK & SEND products and services. Access to the information is available subject to certain conditions. Please refer to our Privacy Statement at www.packsend.com.au.

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