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Standard Terms – Conditions Of Carriage

Conditions of carriage

These standard Terms and Condtions govern the transportation of shipments and the provision of related logistics services by Globeway Pty Ltd (ACN 090 085 813). These terms and conditions must be read with and apply in addition to the Globeway: General Terms Of Use

By providing a shipment to Globeway for transportation you agree to be bound by these Conditions.

1. INTERPRETATION AND DEFINITIONS

For the purposes of these Conditions:

Globeway, carrier, we, us, our means Globeway Pty Ltd and its related bodies corporate, partners, employees, carriers, contractors, and suppliers engaged in providing logistics, courier, freight, warehousing, information technology and related services.

Customer / Sender / Shipper / Consignor / you means any person or entity requesting services from Globeway or tendering goods for transport, including the owner, consignor, consignee or any person acting on their behalf.

Goods / Shipment means any parcel, document, freight item, cargo, palletised freight, container, packaging or articles accepted by Globeway for carriage or associated services.

Additional Services means any services performed by Globeway other than transportation including storage, consolidation, packing, logistics management, information technology & installation or related services.

Carriage means the full process of transportation and handling including collection, consolidation, sorting, transport, routing, unloading and delivery.

Prohibited Goods means goods or materials whose carriage is restricted or prohibited under applicable national or international law.

Dangerous Goods means goods classified as dangerous, hazardous, flammable, explosive, or otherwise regulated under any applicable transport regulation.

Loss means any loss, damage, destruction, delay, cost, expense, liability or claim whether, direct, indirect or consequential.

Globeway Materials means any packaging, equipment, software or systems supplied by Globeway.

Non-Excludable Guarantee means any guarantee, condition or warranty which cannot be excluded or limited under applicable law including under the Competition and Consumer Act 2010 (Cth).

Collection Point means a location where a shipment may be made available for collection.

Residential Delivery means delivery to a private residence or home-based business address.

2. ACCEPTANCE ON BEHALF OF INTERESTED PARTIES

When you tender a shipment, you confirm that you do so on behalf of yourself and any other person with an ownership or financial interest in the shipment.

No amendment or variation of these Conditions will apply unless confirmed in writing by an authorised officer of Globeway.

3. APPLICATION OF THESE CONDITIONS

These Conditions apply to the services provided by Globeway including:

• courier services

• domestic freight

• international freight

• warehousing and logistics services

• associated supply chain services.

Where these services form part of another agreement between you and Globeway, these Conditions prevail unless expressly varied in writing.

4. HAZARDOUS, RESTRICTED AND PROHIBITED GOODS

Globeway does not accept dangerous or hazardous goods unless prior written approval has been granted.

Dangerous goods include items regulated under international transport regulations including:

• ICAO Technical Instructions

• IATA Dangerous Goods Regulations

• IMDG Code

• ADR Road Transport Regulations.

Where written certification has been granted. Approved customers may consign dangerous goods subject to strict compliance with packaging, documentation, handling and labelling requirements.

Globeway may refuse, isolate, destroy or dispose of any shipment which it reasonably believes may present a safety risk.

Any costs incurred as a result of such action may be charged to the sender.

The Customer must not tender Goods that are dangerous, hazardous, flammable, explosive, illegal or otherwise prohibited by law or transport regulation.

The Customer warrants that all Goods have been prepared in secure premises by reliable personnel and protected against unauthorised interference during preparation and storage prior to the requested pickup.

If prohibited or undeclared dangerous Goods are consigned, Globeway may refuse transport, isolate, remove, destroy or otherwise deal with the Goods without liability and the Customer shall indemnify Globeway for all resulting costs or damages.

5. SECURITY AND INSPECTION RIGHTS

Consignments may be subject to supplier security screening including:

• X-ray scanning

• explosive trace detection

• physical inspection.

You acknowledge and consent to such inspections.

6. DELIVERY ESTIMATES AND TRANSPORT ROUTING

Transit times quoted are estimates only and are not guaranteed.

Delivery estimates may exclude:

• weekends

• public holidays

• customs delays

• regulatory inspections

• transport disruptions.

7. ADDRESS ACCURACY AND DELIVERY INFORMATION

Complete consignment information is required to be provided.

Where delivery cannot be completed due to incorrect or incomplete address details, additional charges may apply.

Proof of delivery may include a signature obtained at the delivery location.

8. DELIVERY PROCEDURES

Where an Authority to Leave instruction has been provided, consignments may be delivered without obtaining a signature.

Where this occurs, delivery will be considered complete once the shipment is left at the specified location.

For residential deliveries Globeway may release shipments without signature where operationally appropriate.

If delivery cannot be completed, Globeway may:

• attempt re-delivery

• redirect the shipment to a Collection Point

• return the shipment to the sender.

If shipments remain uncollected or instructions are not provided, Globeway may dispose of the goods in accordance with its disposal policy.

9. SENDER RESPONSIBILITIES

You warrant that:

• shipment contents are accurately declared

• all labels and documentation are correctly attached

• shipments are properly packaged

• all regulatory and carrier requirements are satisfied

• prohibited goods are not included

• shipments comply with export and import regulations.

• use complies with the respective shipper platform terms of use.

10. Consignment and paperwork Accuracy & Completeness

The Customer must ensure all consignment information is complete and accurate. Incorrect or incomplete information may result in delays, redelivery charges, bonded storage fees and / or return of the Consignment.

11. FORCE MAJEURE

We are not liable for failure due to force majeure including acts of God, war, strikes, embargoes, civil unrest, or any other cause beyond reasonable control.

12. PRIORITY TIME DEFINITE SERVICES

Where priority delivery services are selected, Globeway will make reasonable efforts to meet the specified delivery timeframe.

If the delivery timeframe as per the consignment system designated delivery time is not met, the time definite premium component may be adjusted.

13. EXPORT CONTROL COMPLIANCE

You agree to comply with all export control laws and sanctions regulations applicable to shipments.

You must not tender shipments involving restricted goods, sanctioned countries or prohibited parties.

You are responsible for obtaining all required export licences and regulatory approvals.

14. CLAIMS PROCEDURE

If you believe a shipment has been lost or damaged, you must:

Notify Globeway immediately

Any claim for loss or damage must be:

Submitted in writing within 14 days of delivery or the expected delivery date.

Any legal proceedings must be commenced within thirty (60) days of the delivery date or expected delivery date.

Failure to comply with these time limits will extinguish the claim.

15. STANDARD INVOICING AND PAYMENT TERMS

Invoices may be issued daily, weekly or monthly. Standard payment terms are 30 days net from date of invoice unless otherwise specified in the Rates Agreement. Duties and Taxes are payable within 7 days. In the event there is any query on an invoice, then only the disputed item on the invoice shall be held from payment and all other amounts owing and not disputed are to be paid on the due date. Queries on invoices must be received within 14 days of the invoice date. If any sum is not paid by the due date, for reasons other than a good faith dispute, Globeway reserves the right to charge interest of 2% per month to the balance outstanding and overdue, and suspend services.

16. PRIVACY

Globeway collects and processes personal information in accordance with its Privacy Policy available at:

globeway.com.au

17. WAIVER

Any waiver of rights under these Conditions must be in writing.

Failure to enforce a provision does not constitute a waiver of that provision.

18. AMENDMENT OF TERMS

Globeway may amend these Conditions from time to time.

19. RATE ADJUSTMENTS

Globeway reserves the right to adjust service rates, fees or surcharges.

Notice of rate adjustments will be provided via the Globeway website or other written notice.

20. TERMINATION OR SUSPENSION

Globeway may terminate services by providing 14 days written notice.

These Conditions continue to apply to shipments accepted prior to termination.

Globeway may suspend services immediately where a material breach occurs, including non-payment or violation of consignee / consignor / shipper / user requirements, at its sole discretion.

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