XS BAGS AND BOXES

TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions") - Door to Door Global Parcel Mail

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 the shipper is advised to arrange his or her own insurance.

Maximum dimensions apply to all shipments sent via XS BAGS AND BOXES. Please see maximum allowable dimensions on this web site to ensure your package is not over size.

TERMS OF PAYMENT

Credit cards, cheque, bank deposit (cash only when prior arrangement is made with XS 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.

INSPECTION

XS BAGS AND BOXES has the right to open and inspect a Shipment without prior notice to Shipper.

All rates are expressed in Australian Dollars. Rates apply ex Australia to the country of destination only.

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. 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, is limited to its actual cash value and shall not exceed the greater of $US 100 or the replacement value of the article WHICHEVER IS THE LESSER. Nothing done in pursuance of this Part whether constituted by a refund of postage or a payment of money or otherwise shall constitute an admission of liability by XS BAGS AND BOXES.

Each shipment is covered to a maximum of US$100 for loss only. XS BAGS AND BOXES do not cover for damage to any shipment. You are advised to take out your own insurance if required.

Advice and information, in whatever form it may be given, is provided by XS BAGS AND BOXES for the Customer only and the Customer 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.

The customer 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.

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

TIME LIMITS FOR CLAIMS

All claims must be submitted in writing to XS BAGS AND BOXES within ninety (90) days from the date that XS BAGS AND BOXES accepted the Shipment, failing which XS BAGS AND BOXES shall have no liability whatsoever.

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.

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.

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.

SHIPPER'S WARRANTIES AND INDEMNITY

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 XS Order form has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

ROUTING

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

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.

SEVERABILITY

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