AUEXPRESS INTERNATIONAL CARGO
TERMS AND CONDITIONS OF CARRIAGE
TERMS AND CONDITIONS OF CARRIAGE
When ordering AuExpress' services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that AuExpress accepts the Shipment unless otherwise agreed in writing by an authorized officer of AuExpress.
"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means AuExpress chooses, including air, road or any other carrier. A "waybill" shall include any label produced by AuExpress automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "AuExpress" means any member of the AuExpress Express Network.
1. Customs, Exports and Imports
AuExpress may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who AuExpress believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organization;
• no customs declaration is made when required by applicable customs regulations;
• it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
• it contains any other item which AuExpress decides cannot be carried safely or legally, or
• its packaging is defective or inadequate.
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, AuExpress shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by AuExpress without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
AuExpress has the right to open and inspect a Shipment without notice.
5. Shipment Charges
AuExpress' Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by AuExpress to confirm this calculation. Shipper shall pay or reimburse AuExpress for all Shipment charges, ancillary charges, duties and taxes owed for services provided by AuExpress or incurred by AuExpress on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
6. AuExpress' Liability
AuExpress' liability is strictly limited to direct loss and damage only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to AuExpress' attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. AuExpress' liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed:
$AU 100 or $AU 20.00/kilogram for Shipments transported by air or other non-road mode of transportation
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
7. Time Limits for Claims
All claims must be submitted in writing to AuExpress after thirty(30) days from the date that AuExpress accepted the Shipment, failing which AuExpress shall have no liability whatsoever.
8. Shipment Insurance
AuExpress can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via AuExpress' automated systems and pays the applicable premium.
Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Delayed Shipments
AuExpress will make every reasonable effort to deliver the Shipment according to AuExpress' regular delivery schedules, but these schedules are not binding and do not form part of the contract. AuExpress is not liable for any damages or loss caused by delays.
Customs clearance for each parcel is a government action and it may delay the arrival date. No private companies can affect their progress. If the delay of customs clearance is more than 3 months, the consumer of the parcel may lodge an written report to AuExpress for investigation. If the investigation confirms the loss of the parcel , the consumer of the lost parcel may apply for the claim according to the corresponding claim rules of AuExpress . The claim rules are as follows. If the consumer paid the insurance for the lost parcel, he or she may claim for the actual value of the lost parcel. If the consumer did not pay the insurance for the lost parcel, he or she may claim for the consignment fee for the lost parcel only.
A natural person who has neither registered the business in Australian Business Register nor holds a current Australian exportation licence and who trades in products with his or her customers overseas in Australia is a serious offence in terms of commonwealth law. When this person who uses AuExpress to consign products to an oversea country for the commercial purpose, he or she is not defined as the consumer in commonwealth law and must be responsible for his or her own offence. This type of customer can never tell AuExpress about his or her real purpose of the shipment which may be for commercial purpose; therefore, AuExpress as a forwarder will not be responsible for this customer's offence. AuExpress will not be responsible for the delay of the clearance of this type of customer.
10. Circumstances Beyond AuExpress' Control
AuExpress is not liable for any loss or damage arising out of circumstances beyond AuExpress' control. These include but are not limited to: electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to AuExpress; any act or omission by a person not employed or contracted by AuExpress - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
11. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit AuExpress' liability for loss or damage.
12. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold AuExpress harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment was prepared in secure premises by Shipper's employees;
• Shipper employed reliable staff to prepare the Shipment;
• Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to AuExpress;
• the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
• all applicable customs, import, export and other laws and regulations have been complied with; and
• the waybill has been signed by Shipper's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of AuExpress, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
- 1. 客户委托本公司快递往各地之文件、货物、包裹及运送有关之货物，悉依本服务条款办理。客户委托前请先详细阅读本服务条款，全部了解后再填写运单办理一切快递手续，一经填写即当接受本服务条款。
- 2. 以下物品不予收寄：发票、有价证券、国家禁寄的刊物、首饰、护照、私人证件、单证、合同、批文、现金、私人信函、核销单、动物、药物、毒品、液体物品、仿制物品、产地来源不正确物品、有腐蚀性或放射性等危险、易燃易爆品、白色粉末及一切有关法律禁止邮寄的物品。
- 3. 寄件人须保证每票托寄物价值不高于3000元（币种为澳元，下同)。托寄时本公司无审核托寄物的实际价值的义务。
- 4. 每公斤体积大于5000立方厘米的托寄物，起计费重量的计算公式为：重量=长X宽X高/5000。以上计算公式中，长、宽、高的单位为厘米。
- 5. 应有关司法、执法机关要求或出于安全需要，本公司有权对托寄物开封检查、核实。如发现托寄物属于不予收寄范围，本公司有权拒收或退回，并有权收取所发生的费用。
- 7. 若寄件人指定在仓库、物流中心、保税区、海关督管区、货柜码头等需要支付出/入仓费或排队等候的特殊地址收取或派送快件的，寄件人或其指定的付款人应承担出/入仓费及额外的附加服务费。若本公司已垫付出/入仓费的，寄件人或其指定的付款人应当偿还代垫款项，除非寄件人在寄件时已明确指示若需支付出/入仓费则不予收取或派送。
- 8. 寄件人可作出不同的付款指示(澳洲运往中国除外)，但如果收件人或第三方不履行付款责任时，寄件人须对与本票托寄物运输有关的所有费用负责，包括但不限于往返运费、仓储费、保价费、入仓费等。
- 9. 免费派送未能交付的快件，若收件人要求额外派送的，需承担额外派送费；若收件人要求自提的，应在3天内提取，否则需支付逾期的仓储费；超出15天，本公司可变卖托寄物并就有关费用优先受偿。
- 10. 无法派送的托寄物，若收件人要求退回，则双程费用均由寄件人承担；若寄件人在托运时选择保价，则视为寄件人在要求退回时亦选择保价，寄件人须支付双程保价费，但寄件人在要求退回时明确声明不选择保价的除外。
- 11. 无法派送的托寄物，若联系不到寄件人，或寄件人不作出明确指示的，除不易保存的物品外，本公司将对托寄物保存15天。期限届满，本公司可变卖托寄物并就有关费用优先受偿。
- 12. 若寄件人或收件人未付清运费及其他费用的，本公司有权留置托寄物，留置期限为15天（自寄件之日起计算）。期限届满，寄件人或收件人仍未付清费用的，本公司可变卖托寄物并优先受偿。
- 13. 因不可抗力，或托寄物的自然性质、内在缺陷或合理损耗，或寄件人、收件人的自身过错，造成托寄物毁损、灭失或延误派送、无法派送的，或者寄件人自寄件之日起30天内未提出赔偿要求的，本公司不负赔偿责任。
- 14. 如发生因本公司的原因造成托寄物丢失的，若寄件人已选择保价，则本公司按托寄物的声明价值和损失比例赔偿，托寄物的声明价值高于实际价值的，按实际价值赔偿；若寄件人未选择保价，本公司只退回本次运费，不予赔偿。
- 15. 选择代收货款业务的，需先与本公司签署《代收货款协议》。
- 16. 寄件人可于在把货物找澳邮托寄的90天以后以及不迟于120天之内找澳邮进行索赔。
- 17. 已按实际价值或声明价值获得赔偿的托寄物，其所有权及其相关的索赔权力在理赔后即按比例转移至本公司所有。
- 18. 本服务条款所称托寄物的“实际价值”，指托寄物本身的价值，不包括其可能获得的收益、利润、实际用途，或在市场上任何直接、间接损失，或特殊行业价值损失。
- 19. 寄件人有义务按照约定时间偿付所欠本公司的运费，不得已理赔尚未结束为由拒付，亦不得擅自从所欠运费中直接扣除。
- 20. 本公司有权保留、拒绝及放弃运载任何人或任何公司之物品及对运载过程中之延误，均不作任何保证及责任。
- 21. 本服务条款未规定的，按照国家快递服务行业标准执行。
- 22. 本服务条款中文版本仅供参考，以上面英文版本为准。
- 23. 本服务条款解释权归澳邮中国快运所有。