Terms and Conditions of Carriage - Smart Routing Bulky

These Terms and Conditions of Carriage (Terms) apply to the Smart Routing Bulky service (SRB or the Service) provided by Shippit Pty Ltd (ABN 15 169 407 747) (Shippit, we, us, our) for the carriage of bulky Goods within Australia. By making a Booking through SRB, the Customer agrees to be bound by these Terms.

Definitions

In these Terms, unless the context otherwise requires:

Agreement means the agreement between Shippit and the Customer comprising these Terms and any Booking.

AUD or $ means Australian dollars.

Authority to Leave or ATL means an instruction given by the Customer or the Consignee authorising Shippit or a Carrier Partner to leave the Goods at the delivery address without obtaining a signature.

Booking means a request by the Customer for the carriage of Goods under the Service, however made, including via the Shippit platform, API or otherwise.

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.

Carrier Partner means any third party carrier, transport operator or logistics provider engaged by Shippit (on an exclusive or non-exclusive, and permanent or temporary, basis) to physically perform the carriage, handling or storage of Goods booked under the Service, and includes that party's employees, agents and subcontractors.

Chain of Responsibility Law means the Heavy Vehicle National Law as enacted in any Australian state, the Road Traffic (Administration) Act 2008 (WA), the Road Traffic (Vehicles) Act 2012 (WA), and any other state, territory or Commonwealth legislation dealing with the obligations of parties involved in road transport activities.

Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; and punitive or exemplary damages; in each case arising from or in connection with the performance of these Terms, and whether or not foreseeable at the time of entering into these Terms.

Consignee means the person to whom the Goods are addressed, or who is otherwise entitled to receive the Goods.

Customer means the person, partnership or entity that makes a Booking, and includes that person's employees and agents.

Dangerous Goods means goods that are, or may become, noxious, dangerous, flammable, hazardous or damaging, or that are or may become liable to damage any property, including goods classified as dangerous under the Australian Dangerous Goods Code.

Force Majeure Event means any cause or event beyond the reasonable control of the party affected, which could not reasonably have been prevented by that party, including acts of God, war, acts of terrorism, natural disaster, extreme weather, flood, earthquake, storm, fire, industrial disputes, road closures or congestion, breakdown of equipment or machinery, and failure of, or a material adverse change to, the systems or operations of a Carrier Partner or any other supplier Shippit relies on to provide the Service.

Goods means the property accepted by Shippit or a Carrier Partner for carriage under a Booking, including any packaging, pallet or container.

Prohibited Items means the items listed in Schedule 1 (Prohibited Items), as updated by Shippit from time to time and notified to the Customer.

Services means the whole of the operations and services undertaken in connection with SRB (whether by Shippit or a Carrier Partner), and includes loading, unloading, packing, unpacking, handling, transport and storage of Goods.

Smart Routing Bulky or SRB means the service offered by Shippit under which Shippit arranges for the carriage of bulky Goods by allocating a Booking to one or more Carrier Partners selected using Shippit's routing logic.

Terms means these Terms and Conditions of Carriage, including Schedule 1.

Interpretation

1.1 A reference to a statute includes regulations made under it and any amendment, consolidation or replacement of it.

1.2 Headings are for convenience only and do not affect interpretation.

1.3 Words importing the singular include the plural and vice versa.

2.1 These Terms apply to every Booking made under SRB, to the exclusion of any terms proposed by the Customer or any Consignee, unless Shippit agrees otherwise in writing.

2.2 Shippit is not, and will not be liable as, a common carrier. Shippit reserves the right, at its discretion, to decline to provide the Service in relation to any Goods or any Customer.

2.3 No terms or conditions sought to be imposed by a Consignee or any other third party will bind Shippit unless expressly accepted by Shippit in writing.

3.1 Shippit may perform the Service itself or through one or more Carrier Partners, and may allocate a Booking to a different Carrier Partner than a previous or subsequent Booking, at Shippit's discretion, based on Shippit's routing logic (which may take into account cost, capacity, location, service level and other factors).

3.2 Shippit may, at its discretion, subcontract the whole or any part of the Service to a Carrier Partner. Shippit remains responsible to the Customer for compliance with these Terms despite any subcontracting.

3.3 Every right, release, indemnity, exemption and limitation of liability given to Shippit under these Terms extends to, and is held by Shippit on trust for the benefit of, each Carrier Partner and its employees and agents, as if that Carrier Partner were a party to these Terms.

3.4 The actual carriage of Goods by a Carrier Partner may also be subject to that Carrier Partner's own terms and conditions. Except as expressly set out in these Terms, Shippit is not liable for any failure by a Carrier Partner to perform its obligations, whether to Shippit or to the Customer.

4.1 The Customer warrants to Shippit that:

(a) the Goods are in a state fit to allow the Service to be performed and have been suitably packaged to withstand the ordinary rigours of carriage and handling for bulky goods;

(b) the Customer has the authority of all persons owning or having an interest in the Goods to accept these Terms on their behalf;

(c) all information provided to Shippit in connection with the Booking (including the description, quantity, weight, dimensions and value of the Goods) is complete and accurate;

(d) there is safe and practicable access for Shippit's and any Carrier Partner's vehicles and personnel at both the collection and delivery address;

(e) where the Goods consist of items requiring a licence to operate, or specialised equipment to load or unload, the Customer is responsible for arranging that loading and unloading;

(f) the Goods are not Dangerous Goods or Prohibited Items, except where clause 10 has been complied with; and

(g) the Customer is acquiring the Service for the purposes of a business, trade, profession or occupation carried on by the Customer, even though the ultimate Consignee of the Goods may be an individual consumer.

4.2 Shippit relies on the Customer's description of the Goods (including weight, dimensions and value) for the purposes of the Service, but does not verify or admit its accuracy.

4.3 The Customer acknowledges that a Consignee may be an individual acquiring the Goods for personal, domestic or household use. Nothing in these Terms limits, excludes or is intended to affect any non-excludable right, guarantee or remedy a Consignee may have under the Australian Consumer Law or other applicable law.

5.1 Charges for the Service are as set out in the applicable rate card, quote, or the Customer's Shippit account terms, and are payable by the Customer.

5.2 Unless otherwise agreed in writing, all invoices are due for payment within seven (7) days of the date of the invoice, without deduction, set-off or counterclaim.

5.3 Where the Service actually required varies from that quoted (for example, as to weight, dimensions, or the nature of the collection or delivery premises), Shippit may charge a reasonable additional amount to reflect the variation.

5.4 If a Consignee or other third party fails to pay any Charges within seven (7) days of delivery or attempted delivery, the Customer remains liable for, and must pay, those Charges.

Additional charges

5.5 In addition to the Charges under clause 5.1, the Customer must pay Shippit's then-current reasonable additional charges for:

(a) incorrect or incomplete information provided by the Customer in connection with a Booking;

(b) an address correction, redirection or address change requested after the Goods have been collected;

(c) a failed delivery attempt, or a request for redelivery;

(d) multi-person delivery, delivery to other than ground floor level, or manual handling, where reasonably required having regard to the nature of the Goods;

(e) residential delivery; and

(f) any Prohibited Items tendered for carriage in breach of clause 10, in which case no refund of Charges already paid will be given, and the Customer must pay any applicable return charges.

Weight and measurement

5.6 The Customer must pay Charges calculated on the greater of the actual weight and the volumetric weight of the Goods (calculated at 250 kilograms per cubic metre, unless Shippit notifies the Customer of a different rate). A Carrier Partner's measurements and classification of the Goods are conclusive for billing purposes.

6.1 The Customer authorises Shippit and any Carrier Partner to determine, and to deviate from, the usual route, mode and method of carriage of the Goods, as Shippit or the Carrier Partner reasonably considers necessary or desirable in the circumstances, including in order to use an alternative Carrier Partner.

7.1 Shippit, or the relevant Carrier Partner, will deliver the Goods to the address nominated by the Customer in the Booking. Delivery is conclusively presumed to have occurred if a receipt or signed delivery record is obtained from any person at that address.

7.2 Any estimated delivery timeframe provided by Shippit is an estimate only. Shippit does not guarantee delivery by any particular time or date, and time is not of the essence for delivery under these Terms.

7.3 If the Customer or Consignee has given an Authority to Leave, or Shippit's standard process for the relevant delivery type otherwise permits, Shippit or the Carrier Partner may leave the Goods at the delivery address without obtaining a signature. Delivery is deemed to have occurred in accordance with these Terms once the Goods are left in accordance with an Authority to Leave. The Customer indemnifies Shippit against all loss, cost and claims arising from delivery made in accordance with an Authority to Leave.

7.4 If delivery cannot be effected, including because the delivery address is unattended, access is unavailable, or the Consignee is not present, Shippit or the Carrier Partner may, at its option:

(a) attempt a further delivery;

(b) deposit the Goods at the delivery address, which will be conclusively presumed to be due delivery under these Terms; or

(c) store the Goods, or return them to the Customer,

in each case at the risk, and reasonable additional cost, of the Customer. Charges for a failed delivery attempt or redelivery are payable in accordance with clause 5.5.

8.1 Where the Goods are packaged on pallets, the Customer:

(a) is responsible for the collection and return of pallets, and Shippit has no responsibility or liability for any pallet once the Service has been performed;

(b) must ensure pallets are transferred to and from any applicable pallet hire account, and that all necessary documentation is signed and delivered; and

(c) releases and indemnifies Shippit against any loss of, or damage to, pallets, and against any failure to collect or transfer pallets on or off a hire account, once the Service has been performed.

9.1 Goods stored under clause 7.4 are held at the Customer's sole risk.

9.2 Shippit may give the Customer written notice requiring the Customer to collect stored Goods within five (5) Business Days. If the Customer does not collect the Goods, and does not pay any outstanding Charges, within that period, Shippit may dispose of the Goods in any manner it chooses, at the Customer's cost and risk.

10.1 The Customer must not tender for carriage any Goods that are Dangerous Goods or Prohibited Items, unless Shippit has agreed in writing in advance to carry them.

10.2 Where Shippit agrees to carry Dangerous Goods:

(a) the Customer must provide a full written declaration of the nature, value and quantity of the Dangerous Goods;

(b) the Customer must comply with all applicable laws and codes for the packing, storage and transport of Dangerous Goods, including the Australian Dangerous Goods Code; and

(c) the Customer must ensure the Goods are packaged to withstand the risks ordinarily associated with the Service, having regard to the nature of the Goods.

10.3 The Customer indemnifies Shippit against all claims, losses, damages, expenses and injury arising out of or in connection with Dangerous Goods, to the extent caused or contributed to by the Customer's failure to comply with this clause 10, whether or not the Goods were declared as Dangerous Goods.

10.4 If, in Shippit's reasonable opinion, any Goods are or may become dangerous, flammable or damaging, or present an immediate or unacceptable risk, Shippit or a Carrier Partner may destroy, dispose of, abandon or otherwise render the Goods harmless, without compensation to the Customer, and without affecting Shippit's right to charge for the Service.

10.5 If Goods are, or are suspected to be, Prohibited Items, Shippit or a Carrier Partner may refuse to collect the Goods, or may return them to the Customer. No refund of Charges already paid will be given in these circumstances, and the Customer must pay any applicable return charges.

10.6 A failure to declare Dangerous Goods or Prohibited Items may expose the Customer to prosecution under applicable law. Responsibility for any such failure to declare rests solely with the Customer.

11.1 Shippit does not insure the Goods, and does not offer or arrange insurance for loss, damage or delay to the Goods.

11.2 The Customer is responsible for obtaining its own insurance for the Goods while the Service is being performed, and bears the cost of doing so.

12.1 Except as set out in this clause 12, and to the extent permitted by law, neither Shippit nor any Carrier Partner, nor any employee or agent of either, is liable in any circumstances (whether in contract, tort, under statute or otherwise) for:

(a) any loss of, damage to, deterioration of, or contamination of, the Goods; or

(b) misdelivery, delay in delivery, or non-delivery of the Goods,

arising during the course of performing the Service, except to the extent caused by Shippit's or a Carrier Partner's negligence.

12.2 Except to the extent this clause cannot legally apply, Shippit's total liability to the Customer arising out of or in connection with the Service, including for loss of or damage to Goods or other property, delay, misdelivery, non-delivery, or any other breach of these Terms, is limited to the amount of $100.

12.3 Neither Shippit nor the Customer is liable to the other, under any circumstances, for any Consequential Loss.

12.4 Where any of clauses 12.1 to 12.3 cannot legally apply, or is void or unenforceable, Shippit's liability is limited, to the extent the law permits, to, at Shippit's option, the resupply of the Service, or the cost of having the Service supplied again.

12.5 Shippit is not engaged to provide the Customer with advice in connection with the Service. Where Shippit or a Carrier Partner nonetheless provides advice, neither is liable for any loss arising from that advice, except in the case of gross negligence or wilful misconduct.

13.1 The Customer must give Shippit written notice of any claim, or intended claim, for loss, damage, delay or non-delivery of Goods, together with particulars of the circumstances, within five (5) Business Days of the earlier of:

(a) delivery of the Goods; or

(b) the date on which, in the ordinary course, delivery would have occurred.

13.2 If Shippit does not receive notice within the period in clause 13.1, Shippit has no liability in respect of that claim.

13.3 Shippit will endeavour to investigate and respond to a validly notified claim within twenty (20) Business Days.

13.4 Nothing in this clause 13 affects the Customer's obligation to pay all Charges due, including in respect of a Booking that is the subject of a claim.

13.5 Despite any other provision of these Terms, the Customer must not commence legal proceedings against Shippit in connection with a Booking more than two (2) months after the earlier of the date of delivery of the Goods, or the date on which delivery ought to have occurred. Shippit has no liability for any claim in respect of which proceedings are not commenced within that period.

14.1 The Customer indemnifies Shippit, its employees, agents and Carrier Partners against all loss, damage, cost, expense (including reasonable legal costs) and liability arising out of or in connection with:

(a) any breach by the Customer of these Terms, including the warranties in clause 4;

(b) any claim by a third party who has, or claims to have, an interest in the Goods; and

(c) delivery of the Goods in accordance with an Authority to Leave under clause 7.3,

except to the extent caused or contributed to by the negligence or wilful misconduct of Shippit, its employees, agents, or a Carrier Partner.

15.1 Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that failure or delay is caused by a Force Majeure Event.

15.2 Clause 15.1 does not excuse the Customer from any obligation to pay Charges.

16.1 Either party may terminate the Agreement, or a Booking, immediately by written notice if the other party:

(a) commits a material breach that is capable of remedy and does not remedy it within ten (10) Business Days of written notice; or

(b) commits a material breach that is not capable of remedy.

16.2 Shippit may suspend the Service to the Customer at any time, without liability, if the Customer fails to pay Charges when due, or if Shippit reasonably suspects the Customer has breached clause 4 or clause 10.

16.3 Either party may terminate the Agreement for any reason, without needing to show a breach, by giving the other party thirty (30) days' written notice. Termination under this clause 16.3 does not affect a Booking made before the date of termination, which continues to be governed by these Terms.

16.4 Shippit may terminate the Agreement, or suspend the Service, immediately and without notice, if the Customer engages in fraud, uses the Service for an illegal purpose, or if provision of the Service becomes prohibited by law.

17.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded, restricted or modified.

17.2 To the extent the law permits, Shippit's liability for a breach of any such right, guarantee or remedy is limited, at Shippit's option, to the resupply of the Service, or the cost of having the Service supplied again.

17.3 The Customer and Shippit must each comply with all applicable laws, including Chain of Responsibility Law.

18.1 A notice under these Terms must be in writing and may be given by hand, post, email or other means agreed between the parties. A notice is taken to be received:

(a) if hand delivered, at the time of delivery;

(b) if sent by post, on the third Business Day after posting; or

(c) if sent by email, when transmitted, unless the sender receives an automated message that the email was not delivered.

Entire agreement

19.1 These Terms, together with any Booking, constitute the entire agreement between the parties in relation to SRB, and supersede all prior representations, agreements and understandings.

Variation

19.2 Shippit may vary these Terms from time to time by giving the Customer not less than fourteen (14) days' written notice. Continued use of SRB after that notice period constitutes acceptance of the varied Terms.

Assignment

19.3 The Customer must not assign or transfer its rights or obligations under these Terms without Shippit's prior written consent. Shippit may assign or transfer its rights and obligations, including to a Carrier Partner or in connection with a sale of its business.

No waiver

19.4 A failure by either party to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

Severability

19.5 If any part of these Terms is or becomes invalid or unenforceable, that part is to be read down or severed to the extent necessary, without affecting the remainder.

Survival

19.6 Clauses 12 (Liability of Shippit), 13 (Claims Procedure), 14 (Indemnity), and any other clause which by its nature is intended to survive, continue after termination or expiry of the Agreement.

Governing law

19.7 These Terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

The Customer must not tender any of the following items for carriage under SRB, except in accordance with clause 10:

•  Any item that is not currently packaged or in a box.

•  Aerosols, such as butane cigarette lighters.

•  Tobacco and tobacco products.

•  Animal skins or furs on the CITES list of endangered species (unless accompanied by the required certificate).

•  Ivory and ivory products.

•  Articles of exceptional value, including works of art, antiques, precious stones, and gold and silver.

•  Previously used containers bearing hazardous goods labelling.

•  Car batteries, airbag modules, and engines or generators containing oil or petrol (unless flushed).

•  Fire extinguishers and life jackets.

•  Gold, silver and precious metal jewellery.

•  Goods requiring ATA Carnet, FCR, FCT or CAD documentation.

•  Paint, adhesives, chemicals, and flammable resins, solvents or liquids.

•  Human remains, human body fluids, and dead animals.

•  Living animals or plants.

•  Liquids, adhesives, paint, oil, creams and gels.

•  Ferro-magnetic materials (magnets).

•  Goods restricted by destination (for example, milk powder to China, Singapore or Hong Kong; mobile phones to residential addresses in Turkey).

•  Money and cash.

•  Glass products.

•  Wet or lithium batteries, and any item containing them.

•  Prescribed drugs, medication, and any controlled or illegal substance.

•  Printers or toner, for destinations outside the United Kingdom.

•  Pornographic material (subject to destination-specific restrictions).