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By the Conditions set out below, EziShipping ('ES’) and Ozepost Pty Limited (‘OPL’) its servants and agents are not to be liable at all for the certain losses and damages and, if they are to be liable the amount of the liability is in all circumstances, limited to the amount stated as Declared Value. Any liability only occurs where a premium has been paid, and accepted for the Replacement Plan service, which is an amount equal or less than the Declared Value. You are therefore advised to seek insurance cover in any areas in which liability and fault are not clearly accepted or within the amount declared.
1. Any businesses undertaken by ES and/or OPL is carried out subject to the conditions hereafter set out, each of which shall be deemed to be implied between ES, OPL and a Shipper. ES and/or OPL shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of ES and/or OPL by a competent officer.
2. ES and/or OPL are not a common carrier and will only carry documents or goods subject to these conditions which can only be altered in accordance with clause 1 above. ES and/or OPL reserves the right to refuse the carriage or transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of documents or goods at its absolute discretion.
3. ES and/or OPL undertakes subject to payment in accordance with rates notified to the Shipper from time to time, to arrange with postal authorities, freight forwarders and/or Third Parties the Shipper’s documents goods between destinations agreed between ES and/or OPL and the Shipper, dependant on the service nominated being available. In the event the service is not available, an alternative service will be used. Where you have provided contact details we will use our best endeavours to contact you and advise of any material change. All parties carrying the goods reserves the right to carry the Shipper’s documents or goods between destinations agreed between ES and/or OPL and the Shipper. ES and/or OPL reserves the right to carry the Shipper’s documents or goods by any route and procedures and by successive carriers and according to its handling, storage and transportation methods.
4. ES and/or OPL reserve the right to inspect all documents, or goods consigned by the Sender to ensure that all documents or goods are capable of carriage to the countries of destination within the standard operating procedures, customs, declaration and handling methods of ES and/ or OPL. In addition we reserve the right to check any goods to comply with OPL’s obligations as a Regulated Agent in making this reservation ES and/ or OPL does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried. Compliance is totally the responsibility of the Sender.
5. Any rates quoted by ES and/or OPL for carriage are exclusive of any value added taxes, duties, levies, imposts, deposits or outlays incurred in respect of carriage of the Shipper’s documents or goods. The Shipper’s liability extends to such customs duty in the event of the default in payment by the receiver. ES and/or OPL will not be liable for any penalties imposed or loss or damage incurred due to the Shipper’s documents or goods being impounded by customs or similar authorities and the Shipper hereby indemnifies ES and/or OPL against any such penalty or loss. The Shipper acknowledges that the outlet and/or ES and/or can retrieve any additional charges from the Shipper through the credit card provided, or through legal remedy.
6. The packaging of the Shipper’s documents or goods for transportation is the Shipper’s responsibility including the placing of the documents on the item to be sent. ES and/or OPL accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging, labelling or affixing. It is the sole responsibility of the Shipper to address adequately each consignment to enable effective delivery to be made. ES and/or OPL shall not be liable for delay in forwarding or delivery resulting from the Shipper’s failure to comply with its obligations in this respect.
7. The Shipper is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this Agreement or as a result of its negligence.
8. ES and/or OPL will only carry documents or goods which are in the property of the Shipper and the Shipper warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as agent for and on behalf of all other persons who are or may hereafter become interested in the documents or goods. The Shipper’s hereby undertakes to indemnify ES and/or OPL against any damages, costs and expenses resulting from any breach of this warranty.
9. ES and/or OPL is responsible for the Shipper’s documents or goods whilst they are within its custody or control and shall be liable subject to clause 11 hereof for loss sustained by the Shipper due to damage to or loss of the documents of goods whilst in ES and/or OPLs custody, providing that such loss or damage was due to negligence of ES and/or OPL, its servants or agents. Save as aforesaid, ES and/or OPL shall be under no liability in respect if the documents or goods carried by it ,and in particular shall it be liable for the consequential loss shall be deemed to include, without restriction, commercial, financial or other direct loss including loss of interest and utility. ES and/or OPL shall not be liable for any loss or damage incurred by the Shipper due to any delays in the carriage or delivery of documents or goods which are beyond the control of the ES and/or OPL. All delivery times are indicative, and are not to be construed as a time guarantee unless the product specifically refers to it as such.
10. The liability of ES and/or OPL under these conditions shall be limited to the payment by ES and/or OPL by way of damages of a sum not exceeding AUD50.00 or its equivalent per consignment, unless a Replacement Plan and Extended Warranty are in place. For the purpose of establishing liability under the clause the value of a document or the goods shall be ascertained by reference to their replacement of reconstitution value at the time and place of shipment without reference to their commercial utility to the Shipper’s and other items of consequential loss.
11. Any claim brought by a Shipper’s against ES and/or OPL hereunder in respect of duties and liabilities must be notified by the Shipper’s to an office of ES and/or OPL in writing within 28 days of the day when the documents or goods should reach their destination.
12. ES and/or OPL will not carry (in addition to those items mentioned in clause 2 hereof) dangerous, hazardous, combustible or explosive materials, gold and silver bullion, coin, dust cyanides, precipitates, or any form of gold,silver or bullion, platinum and other precious metals, precious and semi-precious stones including commercial carbon or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashier’s cheques, money orders or traveller’s cheques, letter, antiques, pictures, livestock or plants and in the event that any Shipper should consign such items with ES and/or OPL, the Shipper shall indemnify ES and/or OPL for all claims, damages, and expenses arising in connection therewith and ES and/or OPL having knowledge that such items infringes these conditions. The right of inspection referred to in clause 4 shall also apply for the purpose of this clause.
13. ES and/or OPL are not air or sea transporters undertaking services within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. ES and/or OPL acts as agents for its Shipper who are then consigning documents or goods with a particular airline, postal authority or shipping company for onwards carriage and without prejudice to its general right or subrogation hereunder ES and/or OPL shall have the right to recover compensation from any airline, postal authority or shipping company for loss, damage or expense incurred by any Shipper on behalf of that Shipper.
14. ES and/or OPL reserves the right and will not be held responsible for delay or withholding sending the shipper’s goods until they are satisfied payment will be recieved by the selling outlet. All items in these Terms and Conditions are to be read jointly and severally
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