XS BAGS AND BOXES

TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions") - Door to Door International Express Courier

IMPORTANT NOTICE

When ordering XS BAGS AND BOXES 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 XS BAGS AND BOXES accepts the Shipment unless otherwise agreed in writing by an authorised officer of XS BAGS AND BOXES. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

"Shipment" means all documents or parcels that travel under an XS BAGS AND BOXES order and which may be carried by any means XS BAGS AND BOXES chooses, including air, road or any other carrier. An "order" shall include any label produced by XS BAGS AND BOXES automated systems 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 for our express courier solution.

1. CUSTOMS EXPORTS AND IMPORTS

XS Bags and Boxes may perform any of the following activities on Shippers behalf in order to provide its service 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 Shippers 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 Receivers import broker or other address upon request by any person who XS Bags and Boxes believes in its reasonable opinion to be authorised.

2. UNACCEPTABLE SHIPMENTS

Shipper agrees that its Shipment is deemed 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 Organisation), any applicable government department or other relevant organisation:
• No customs declaration is made when required by applicable customs regulations; or
• XS Bags and Boxes decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof, and ammunition, human remains, pornography and illegal narcotics/drugs).

3. DELIVERIES AND UNDELIVERABLES

Shipment cannot be delivered to PO Boxes or postal codes. Shipments are delivered to the Receivers address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, XS Bags and Boxes shall use reasonable efforts to return the Shipment to Shipper at Shippers cost failing which the Shipment may be released, disposed of or sold by XS Bags and Boxes without incurring any liability whatsoever to Shipper or anyone else, with the proceeds supplied against service charges and related administration costs and the balance of the proceeds of a sale to be returned to the Shipper.

4. INSPECTION

XS BAGS AND BOXES has the right to open and inspect a Shipment without prior notice to Shipper. All items should be made available for inspection at point of pick up. Shipper's photo identification must also be produced at point of pick up upon request by XS Bags and Boxes authorised representative.

5. SHIPMENT CHARGES AND BILLING

XS Bags and Boxes Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be reweighed and re-measured by XS Bags and Boxes to confirm this calculation. Shipper shall pay or reimburse XS Bags and Boxes for all Shipment charges, storage charges, duties and taxes owed for services provided by XS Bags and Boxes or incurred by XS Bags and Boxes on Shippers or Receives 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 Section2. Method of payment to XS Bags and Boxes is via Credit card. (Bank deposit or cash payment only when prior arrangement is made with XS Bags and Boxes management). If duties relating to individual shipments are paid by XS Bags and Boxes on behalf of the Shipper (customer) in order for a Shipment to be customs cleared, XS Bags and Boxes reserve the right to debit the Shippers credit card equal to that charged by the customs authority. Proof of this charge will be provided upon request. All rates are expressed in Australian Dollars. Rates apply ex Australia to the country of destination only.

6. XS BAGS AND BOXES Liability

XS BAGS AND BOXES contracts with Shipper on the basis that XS BAGS AND BOXES liability is strictly limited to direct loss only and to the per kilogram limits expressed in this section. 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 XS BAGS AND BOXES attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. XS BAGS AND BOXES 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 the greater of $US 100 or:$US20.00/kilogram for shipments transported by air or other non road mode of transportation; or $US10.00/kilogram for shipments transported by road. Claims are limited to one claim per shipment 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 Clause 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 XS BAGS AND BOXES within twenty five (25) days from the date that XS BAGS AND BOXES accepted the Shipment, failing which XS BAGS AND BOXES shall have no liability whatsoever.

8 SHIPMENT INSURANCE

XS Bags and Boxes 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 DHL air waybill and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
*Not available for Mail Services

9 DELAYED SHIPMENTS

XS BAGS AND BOXES will make every reasonable effort to deliver the Shipment according to XS BAGS AND BOXES regular delivery schedules, but these are not guaranteed and do not form part of the contract. XS BAGS AND BOXES is not liable for any damages or loss caused by delays.

10 CIRCUMSTANCES BEYOND XS BAGS AND BOXES CONTROL

XS BAGS AND BOXES is not liable for any loss or damage arising out of circumstances beyond XS BAGS AND BOXES control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to XS BAGS AND BOXES; riot or civil commotion; any act or omission by a person not employed or contracted by XS BAGS AND BOXES e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

11 WARSAW CONVENTION

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits XS BAGS AND BOXES liability for loss or damage

12 SHIPPER'S WARRANTIES AND INDEMNITY

The Shipper releases XS BAGS AND BOXES from and indemnifies XS BAGS AND BOXES against any action, proceeding, claim, demand or prosecution arising from or in connection with any loss, damage, injury, illness or death to any person or property, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind.

Shipper shall indemnify and hold XS BAGS AND BOXES 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 unauthorised interference during preparation, storage and transportation to XS BAGS AND BOXES;
• 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 DHL waybill has been signed by the Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

13 ROUTING

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 XS BAGS AND BOXES, 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.

15 SEVERABILITY

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

16 ADVICE AND INFORMATION

Advice and information, in whatever form it may be given, is provided by XS BAGS AND BOXES for the Shipper only and the Shipper shall defend, indemnify and hold harmless XS BAGS AND BOXES for all liability, loss, damage, costs and expenses arising out of any other person relying on such advice or information. . In particular, we advise you to verify, independently, all Customs, Governmental, and Quarantine regulations. These rules can and do change frequently, and without prior notice, or recourse.

17 EXCLUSIONS

No amount, which is permitted to be paid under this part, shall be payable for loss or damage relating to the carriage of articles:

• Containing bank notes, non-negotiable securities, bullion, negotiable securities, coins, precious or valuable stones 0r, jewellery; or
• Containing any other substance or thing, the carriage of which is prohibited by or under the law of the Commonwealth, State or Territory or under XS BAGS AND BOXES Terms and Conditions; or
• Which, in the reasonable opinion of XS BAGS AND BOXES, were not or could not be adequately or appropriately packaged for carriage; or
• where in the reasonable opinion of XS BAGS AND BOXES, the loss or damage arises from inspection or repacking of the package by Customs or Quarantine, as permitted by law; or
• Where XS BAGS AND BOXES upon making reasonable enquiries is unable to determine the extent to which damage was caused or contributed to by XS BAGS AND BOXES