Limited liability

These Terms and Conditions (Terms and Conditions) govern the limited liability scheme under which a Customer may make a claim for certain Goods. These are supplementary terms to the Conditions of Carriage (including, for clarity, the International Terms and Conditions).  If there is an inconsistency between these Terms and Conditions and the terms of the Conditions of Carriage, then the terms of the Conditions of Carriage prevail to the extent of that inconsistency. Unless otherwise states, defined terms in these Terms and Conditions have the meaning given to them in the Conditions of Carriage.

These Terms and Conditions are subject to and do not exclude your rights at law, including any applicable consumer guarantees under the Australian Consumer Law.

  1. The Customer is only entitled to lodge one (1) claim per parcel in accordance with these Terms and Conditions.
  2. To initiate a claim, the Customer must notify the Carrier and the following requirements apply:
    1. for a claim in respect of damage to Goods:
      1. the Receiver must provide photographic evidence of packaging and damage either/ to the sending customer or the sending / receiving depot within twenty four (24) hours of the Goods being delivered;
      2. the Receiver must provide supporting documentation to the sending customer or sending/receiving depot showing that this notification was given within twenty four (24) hours (eg a copy of an email or a text message with a date and time stamp); and
      3. the Customer must submit a formal claim containing the evidence in 2(a)(i) and (ii) above, in writing within seven (7) business days of delivery of the Goods; or
    2. for a claim in respect of loss of Goods, the notice must be provided within thirty (30) business days from the date the Goods were picked up by the Carrier; and
    3. in all cases, the Customer must provide all information reasonably requested by the Carrier or its third-party claims administrator in relation to the claim, in writing, within fourteen (14) business days of the request being made.
  1. If Authority to Leave (as defined in clause 12(d)(II) below) is provided on a consignment or a parcel, whether it is a standing Authority to Leave or not, then the Customer waives its rights to lodge a claim in the event that Goods are deemed lost, provided the Carrier can substantiate that the Goods were delivered by providing either photographic evidence or GPS tracking of the relevant delivery.  
  2. Claims are limited to loss or damage to Goods only. For the avoidance of doubt, any Consequential Loss and/or additional damage suffered by the Customer as a result of loss or damage to Goods, irrespective of the reason, will not be covered and cannot form part of any claim under these Terms and Conditions.
  3. The maximum amount that may be claimed from the Carrier is the cost price of the Goods (up to a maximum of AUD $1,500) which will include the value of the freight service provided by the Carrier, excluding all GST.
  1. Documentary evidence to substantiate the value of the Goods must be provided by the Customer by either:
    1. Receipt or invoice of purchase of the Goods; or
    2. Sufficient proof of actual manufacturing cost. (However, if sufficient proof of actual manufacturing cost cannot be provided, then the associated sales invoice will be used to determine the value of the Goods, with a maximum of 35% of this value being payable to the customer).
  2. Any claim for damaged Goods can only be initiated once the Carrier has possession of those Goods. Failure to provide the damaged Goods to the Carrier will waive the Customer’s right to initiate a claim.
  3. The Customer may only lodge a claim if it can be ascertained by accredited scanning that the Goods were lost or damaged in the direct care, custody and control of the Carrier and/or its Agents.
  1. The Carrier:
    1. is authorised to deliver the Goods to the Receiver at the address nominated by the sender or Receiver or agent of them, and
    2. is deemed to have delivered the Goods in accordance with these conditions if the Carrier:
      1. obtains a signature acknowledging receipt from any person who presents themselves to the Carrier as the Receiver or its agent; or
      2. is provided with a written Authority To Leave (ATL), which can be either permanent or a per consignment basis, which allows delivery without signature, from either the sender or Receiver; or

Warranty exclusions

  1. The Carrier is not liable for any claims made by Customers in any of the following circumstances:
    1. where the Goods consigned are Excluded Goods, defined as
      1. antiques and works of art;
      2. perishable goods including but not limited to meat, fish, vegetables, chocolates and fruits;
      3. framed items containing glass and mirrors whereby the internal and/or external packaging fails to meet Aramex Australia’s 'Packaging Guidelines' https://www.aramex.com.au/terms-and-conditions/packaging-guidelines/
      4. human remains or ashes;
      5. cash including any form of bank notes, currency notes, coins or other legal tender;
      6. loose precious and semi-precious stones;
      7. bullion (of any precious metal);
      8. firearms (or parts thereto), ammunition or explosive devices;
      9. live goods, including living plants, animals, fish and birds;
      10. imitation or replica firearms, air guns, ammunition or explosive devices
      11. illegal goods;
      12. banderols or tax stickers;
      13. cigarettes and tobacco products;
      14. furs and ivory;
      15. jewellery, all watches, precious metals;
      16. negotiable instruments in bearer form (whether cash-like or not);
      17. toy guns, air guns;
      18. batteries excluding mobile phones, laptops or tablets;
      19. obscene or immoral articles or materials;
      20. narcotics and psychotropic substances;
      21. second hand automotive parts;
      22. articles which are deemed to be illegal to import in the destination country; and
      23. personal effects, being privately owned items, which are used or second-hand and usually worn or carried on the person, such as clothing and jewellery; and objects imbued with sentimental significance such as hair and family photo albums.
    2. where the Carrier in its reasonable opinion considers the Packaging of Goods to be inadequate for transportation;
    3. where damage, mechanical failure or other defect or damage to the Goods could not, in the reasonable opinion of the Carrier, have been caused by the carriage;
    4. where the Carrier fails, delays or is unable to carry out its obligations due to a Force Majeure Event; or
    5. where the delivery address is a post office box.
  1. The Carrier may amend these Terms and Conditions upon 30 days' notice to you;
  2. The Carrier may introduce or amend any terms that set out the timeframe before a parcel is deemed lost due to a Force Majeure Event.

 

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