Conditions of carriage and Service Terms
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: Website & General Terms Of Use
By providing a shipment to Globeway or its partners, suppliers, for transportation or when requesting an associated logistics services, you agree to be bound by these Conditions.
1. INTERPRETATION AND DEFINITIONS
For the purposes of these Conditions:
Globeway, we, us, our means Globeway Pty Ltd and its related bodies corporate, service partners, employees, 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. CONTRACTING ENTITY
The contract for Services is between the Customer and Globeway. We may perform services through our approved service partners. We are not common carriers and accept no liability as such. Where third-party billing services are provided, the applicable carrier’s terms and conditions shall also apply.
3. ACCEPTANCE ON BEHALF OF INTERESTED PARTIES
When you tender a shipment to Globeway, you confirm that you do so on behalf of yourself and any other person with an ownership or financial interest in the shipment.
All such parties will be bound by these Conditions.
Partners and Suppliers engaged by Globeway are entitled to rely on the protections and limitations contained in these Conditions.
No amendment or variation of these Conditions will apply unless confirmed in writing by an authorised officer of Globeway.
4. APPLICATION OF THESE CONDITIONS
These Conditions apply to all 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.
5. 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.
5. a) 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, the Globeway may refuse transport, isolate, remove, destroy or otherwise deal with the Goods without liability and the Customer shall indemnify the Globeway for all resulting costs or damages.
6. 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.
7. 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.
8. CUSTOMS CLEARANCE
Where shipments cross international borders, Globeway may act as your agent for the purposes of customs clearance.
You authorise Globeway to appoint customs brokers where necessary.
You must provide accurate documentation including commercial invoices and export declarations.
You are responsible for any duties, taxes, penalties, storage charges or other costs imposed by customs authorities.
If the receiver refuses to pay such charges, you agree to reimburse Globeway.
Globeway will use reasonable efforts to assist with customs procedures but is not responsible for delays caused by customs authorities.
8. a) Duties, Taxes and Government Charges and associated services
The Customer authorises Globeway to pay any duties, taxes or charges required for the movement of shipments.
The Customer must reimburse Globeway for any such payments.
9. ADDRESS ACCURACY AND DELIVERY INFORMATION
You must provide complete and accurate delivery information for all shipments.
Where delivery cannot be completed due to incorrect or incomplete address details, additional charges may apply.
Globeway does not deliver to post office boxes unless otherwise agreed.
Proof of delivery may include a signature obtained at the delivery location.
10. DELIVERY PROCEDURES
Where an Authority to Leave instruction has been provided, Globeway may leave the shipment 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.
Any additional delivery or storage costs may be charged to the sender.
If shipments remain uncollected or instructions are not provided, Globeway may dispose of the goods in accordance with its disposal policy.
11. 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.
You agree to indemnify Globeway for any loss arising from breach of these obligations.
11. a) 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.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the liability of Globeway for any Loss arising from the Services is limited to:
AUD $100 per consignment.
Where international conventions apply, liability will be limited in accordance with the relevant convention including:
• Warsaw Convention
• Montreal Convention
• CMR Convention for road transport.
Where permitted by law, Globeway excludes all liability except where such liability cannot legally be excluded.
Where liability cannot be excluded, Globeway may limit remedies to those permitted under the Australian Consumer Law.
Unless otherwise stated, Globeway does not assume liability for loss, damage or delay of shipments.
Where loss occurs due to negligence, Globeway may at its discretion refund the carriage charges for the affected shipment.
12. a) 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.
13. EXCLUDED DAMAGES
To the maximum extent permitted by law, we are not liable for indirect or consequential losses including:
• loss of profits
• loss of market opportunities
• loss of business
• loss of reputation
• loss of income.
Globeway is not liable for loss resulting from circumstances beyond its control including natural disasters, war, industrial action or transport network disruptions.
14. OPTIONAL EXTENDED PROTECTION
Globeway may offer extended protection or warranty services covering shipment value.
Details of these services may be obtained from globeway.com.au.
Such coverage must be requested and accepted prior to shipment collection.
15. 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.
16. 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.
17. CLAIMS BY THIRD PARTIES
You agree that any third party with an interest in the shipment will not bring claims directly against Globeway.
If such claims arise, you agree to indemnify Globeway against associated costs or liabilities.
18. 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.
19. RATES AND PAYMENT TERMS
Charges are calculated according to Globeway rate schedules.
Charges may be based on the greater of:
• actual weight
• volumetric weight
19.a) Invoicing and Payment terms
Invoices may be issued daily, weekly or monthly. Standard payment terms are 14 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/or suspend services.
Globeway reserves the right to exercise a lien over shipments in its possession until outstanding charges are paid.
Globeway may sell or dispose of Goods to recover outstanding charges after providing reasonable notice where permitted by law.
20. GOVERNING LAW
These Conditions are governed by the laws of Victoria, Australia.
Any disputes arising from these Conditions will be subject to the non-exclusive jurisdiction of the courts of Victoria.
21. PRIVACY
Globeway collects and processes personal information in accordance with its Privacy Policy available at:
globeway.com.au
22. 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.
23. ENTIRE AGREEMENT
These Conditions together with our Terms of use constitute the agreement between the parties in relation to the services provided.
24. PALLET MANAGEMENT
Where shipments are transported on pallets, the sender must comply with the Globeway pallet policy available at globeway.com.au.
25. AMENDMENT OF TERMS
Globeway may amend these Conditions from time to time.
26. 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.
27. INSURANCE
Globeway does not provide insurance for shipments unless expressly agreed in writing.
Customers are advised to obtain their own insurance.
28. 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.