This is a summary of the main differences between the current StarTrack Express T&Cs and the StarTrack T&Cs 1

Transcription

1 This is a summary of the main differences between the current StarTrack Express T&Cs and the StarTrack T&Cs 1 1 Introduction Cl 1.2 Corresponding 1 Simplification: Clause 1.2 has been deleted and relevant parts combined in clause 1. 2 Dictionary "Bulk Cube Method" "Bulk Cube Method" We have amended and simplified this definition. "Charges" CN "Charges" Added fees and roadway CN The definition of Charges now includes the word fees. We can currently levy charges to comply with the requirement of any market, harbour, dock, railway, airline, shipping line, customs, excise, or warehouse authority" and we have added roadway". This updated definition clarifies that a CN does not need to be in a hard copy, and may in some cases not be completed by you. Consequential Loss Consequential Loss Typo: the repeated term Loss of profits has been deleted from updated T&Cs. "Cubic Weight" "Cubic Weight" Update: defined term amended to provide for agreement of a cubic factor other than 250kg/m 3 "Dangerous Goods Declaration" "Dangerous Goods Declaration" The defined term is amended to correctly identify the IATA Dangerous Goods regulations and make it clear that customer s obligations to complete dangerous goods declarations do not only apply to airfreight. "Force Majeure" "Force Majeure" Typo: word "terror" replaced with "terrorist act". Not in current version Incompatible Freight Inserting a definition that allows ST to recover charges for freight that does is not compatible with its automatic sortation equipment, "Montreal Convention" and "Warsaw Convention" International Carriage Conventions Combining the definitions of Montreal Convention and Warsaw Convention into a single definition: International Carriage Conventions Not in current version Maximum Cover This new definition is used in clause as one factor to assess the amount that we will pay for a claim. The Maximum Cover is not necessarily the amount that we will pay for a claim. "POD" "POD" We have updated clause cross reference. Not in current version "Quotation" We have inserted a definition of the quotation that customers receive 1 A number of other updates and corrections have been made and Customers should review the updated Terms and Conditions in full. 1

2 3 Service Basis 4 Your acknowledgm ents and obligations 5 Your warranties 6 Your indemnities Corresponding Clause We have clarified that where we do not accept liability and seek an indemnity under clause 3.2, this is subject to - the application of the Competition and Consumer Act 2010 (Cth); and - instances where the loss is caused by our fraud or wilful misconduct We have added that photos may be used as a POD (where required) and clarified that, subject to any evidence to the contrary, the PODs are binding We have clarified that you agree you will either complete a CN, or in some instances, authorise a third party to do so, but in either case, you are responsible for its accuracy. 4.2, 4.4 and , 4.4. and 4.6 The current version says that you acknowledge that - we have no liability for Excluded Goods, - that you must not disclose the Charges to any third party; and - that we will determine Cubic Weight of articles. The new version adds that you also agree to these points The current clause says that you are, subject to terms implied into the contract by law responsible for ensuring the services are suitable for your purposes. We have added that our ability to rely on this clause is only to the extent permitted by law. New Warranty 5(c) In this new clause you provide us with a warranty that 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. 6 6 Clarifying that the indemnities are subject to the exclusions and limitations of liability set out in clause 10, (as well as the Transit Warranty provisions already mentioned). 8 Charges 8.3(a) 8.3(a) Correction: deleted reference to cubic size and the value of the goods as a reference point for charging. Not in current T&Cs 8.3(b) Adding a clause to clarify that the transit warranty charges will be based on the declared value of the goods or the Maximum Cover. 8.3(b) 8.3(c) We have deleted the reference to cubic size and for consistency, used the term volume. 8.3(c) 8. (d) We have amended this clause to clarify the different ways that we may measure and assess the weight of Goods delivered to us, including by calculating Cubic Weight or Dead Weight from scanning technology, or by the Bulk Cube Method, or a combination of both. 2

3 Corresponding Not in the current version New clause 8.3(e) A new clause 8.3(e) is inserted to explain the application of the Bulk Cube Method, which averages the total volume over the whole days despatch to individual consignments based on the dead weight of the consignments. The volume is then multiplied by the agreed cubic factor and rounded up to the nearest kilogram. 8 Charges Not in the current version 8.6 Manual Handling Surcharge We have added Clause 8.6 to so that we may charge a surcharge for freight that is not compatible with our automated sorting systems. The surcharge applies to freight falling within the new definition of Incompatible Freight, which includes articles that: (a) exceed any the following dimensions: (b) (i) length of 1170mm; (ii) width of 600mm; and (iii) height of 600mm, or is otherwise incompatible with our automatic sortation equipment, including, but not limited to, articles: (i) more than 20kg in Dead Weight; (ii) packed in a drum, tube, cylinder, wooden crate, (iii) flat packed; or (iv) containing liquids, nails, magnets, or glass. Freight consigned to us on pallets (and for delivery on pallets) will not attract the manual handling surcharge. Where pallets contain incompatible items and we are required to deliver those items individually, the surcharge will apply to each incompatible item on the pallet. The surcharge only applies to incompatible freight consigned to us for delivery by our Road Express service This amendment clarifies when and how we may update our Charges. In the current T&Cs, we could make a change to Charges at any time. In the new version, we have clarified that we may only do this after giving 30 days prior notice to you, and that the notice must specify the amount of the change and the date on which the change will take effect. It also confirms that If you continue to use our services after the date that the new Charges apply, you will be deemed to have agreed to those new Charges. 3

4 9 Lien and set-off 10. Exclusions and limitations of liability 11 Transit Warranty Corresponding Not in current version 8.10 This new clause permits us to charge an administrative fee where we do not receive a manifest of goods consigned to us at the time we collect the goods. 9.1, We have updated this clause to restrict our ability to take a lien over Goods, only to amounts due and payable for the services under these terms and conditions We have updated this clause so that rather than taking steps to store and sell Goods without notice to you (e.g. where charges are not paid), we will now notify you of these steps We have clarified that any set off may only be against amounts due and payable The amendments to the Exclusions and Limitations of Liability clarify that: - We cannot: - exclude our liability for instances where we have been fraudulent or engaged in wilful misconduct; and - the exclusions of liability only apply to the extent permitted by law In both the current and the new T&Cs, we exclude the Implied Terms (which is a defined term in the T&Cs) to the extent we are able to do so at law. Where we may only limit the Implied Terms, we have clarified that we will limit our liability where it is reasonable to do so, at our option, to resupplying the services or replacing or repairing the Good. 10.9(a) 10.9 (a) and (b) This clause provides for an indemnity for any losses arising from any handling, storing erecting, installing or removing goods (to the extent that is a part of the services). The amendment says that we will not be entitled to rely on the indemnity if the loss is a result of our fraud or wilful misconduct. We have also used the existing definition of Consequential Loss in place of the undefined term relating to consequential loss Changes to the Transit Warranty cover provisions include Explaining the process for customers to select their Transit Warranty cover level through the Quotation or the transit warranty registration form, available from our website Making it clear that the amount we will pay for any claim may not be the amount of the cover that you have selected. Clarifying and simplifying the procedure for notifying of intended claims and making a claim. Clarifying when we will not pay out claims. Not in the current version 11.6 This clause allows us to accept, at our discretion, written notification of an intended Claim where it is submitted up to 7 days after the applicable time limit has expired. 4

5 12 Credit Enquiries 13 Paperless Despatch Corresponding 11.9 Not in new T&Cs Update: This clause has been deleted it referred to the maximum amount that could be claimed under the Transit Warranty which is now dealt with via a definition of Maximum Cover and clause (a) (n) The exclusions in these clauses set out the circumstances where we will not pay out Transit Warranty claims. We have consolidated the exclusions into clause The language has been simplified and the application of the exclusions clarified. We have deleted some of the exclusions. We have amended this clause to note that exclusions may only be waived by us in writing and clarified that we are not obliged to pay you any amount for Transit Warranty where the exclusions apply. Nil Simplification: Clarifying the maximum amount of any claim payable by ST under the Transit Warranty. The maximum amount that may be claimed from us under the Transit Warranty and the maximum amount we will pay for a valid Claim is the lesser of the: (a) Maximum Cover; (b) cost price of the Goods; (c) declared value of the Goods; and (d) agreed cost of repairs to the Goods, if appropriate." The updated clause confirms that the Charges (including the Transit Warranty charges) are not a part of any transit warranty payment We have deleted the reference in this clause to reserving our rights as it is unnecessary and confirming that we will only set it off against amounts that are due and payable Transit Warranty Cover Level. Not in new T&Cs This clause provided that claims will only be paid after you have paid all your outstanding Charges, including any Transit Warranty charge: this clause is deleted, as it is addressed in the set off clause We have updated this section to simplify the language and clarify how in practice credit enquiries would be made Not in new T&Cs This clause dealt with charging based on electronic data received from you. This clause has been deleted and the basis of our charging is dealt with in clause Not in new T&Cs This Clause relating to Dangerous Goods requirements is deleted and is addressed in the new warranty at clause 5(c) (which is intended to apply to all Goods despatched, not just those lodged via the Paperless Despatch system) We have simplified the language in the clause. 5

6 Schedule Corresponding 13.8 Not in new T&Cs This clause is not necessary and has been deleted. 13.9, These clauses have been consolidated to make it clear that we rely in accurate and timely transfer of data to us, in order to provide the services, and any failure may result in delayed delay for which we will not be liable. Not in current version 13.8 We have inserted as new clause to protect our Intellectual Property rights in the software that we may supply customers with for Paperless Despatch. The new clause clarifies that we hold all rights and the terms of the licence to customers The current agreement allows us to amend the T&Cs at any time by giving notice to you. We have amended this to provide that we must give you reasonable notice of the changes. Not in Current version 14.5 (a) to (i) (Interpretation) We have inserted 9 new sub-clauses that clarify how the agreement will be interpreted. The changes include providing clarity: on the calculation of days; on how to interpret the word including where it is used in the agreement; that a party includes its agents and subcontractors; that if there is any inconsistency between a quotation and the T&Cs the quotation takes precedence. Schedule 1 - Transit Warranty Cover Levels Not in new T&Cs Schedule 1 of the current T&Cs is deleted from proposed T&Cs and the warranty options and fees are set out in the Quotation. 6