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Terms and Conditions

International Terms and Conditions

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This page provides information on terms and conditions regarding use of our website, for other service terms and conditions please select a link below.

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Terms and Conditions of Australian Domestic Carriage February 2022 

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These are the entire Terms and Conditions of Carriage (“Conditions”) governing the supply of Services being the whole of the operations undertaken by the Carrier in relation to the goods, including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding, customs clearance, consolidation and deconsolidation (“Services”) by AXN HOLDINGS PTY LTD (ABN 22 639 792 626) trading as (“IGX”) Central West Business Park, Building 23, 9 Ashley Street, West Footscray, Victoria, 3012, Australia and its subsidiary, parent and related Corporations (within the meaning of section 50 of the Corporations Act 2001), its successors and assigns, its servants, officers, agents and subcontractors and any subcontractors of subcontractors (collectively the “Carrier”) to its Customers, whether a person or an entity or being either the shipper, consignor, the owner of the goods, consignee, receiver or their respective authorised agent (“Customer”). Except as agreed in writing by a duly authorised officer of the Carrier, no other conditions (including terms and conditions that may appear on a purchase order form, service level agreement or other document issued by a Customer) will be binding on the Carrier.

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  1. Application of Conditions
     

    1. These Conditions cover the whole, or any part of, the Services performed by the Carrier for the Customer. All rights, immunities and limitations of liability in these Conditions shall continue to have full force and effect notwithstanding any breach of this contract by the Carrier or any other person entitled to the benefit of such provisions;
       

    2. The Customer will inform the Carrier promptly in writing of any changes to the details provided in any application for commercial credit and hereby indemnifies the Carrier for any loss or damage associated with the failure of the Customer to inform the Carrier of such changes.
       

  2. Definitions
     

    1. The following definitions shall apply to the terms and conditions set out below:
       

    2. “Article” means any object or thing submitted to the Carrier for delivery in one waybill (whether by air or road or any other mode) under this Service but excluding such articles prohibited under these terms and conditions;
       

    3. “Applicable Law” means the law (including rules, regulations, directions or orders of any government, regulatory or statutory authority) of Australia and of any other jurisdiction that is applicable to the Service;
       

    4. "Customer" means the customer who has engaged the Carrier for the Service;
       

    5. “Carrier” means AXN HOLDINGS PTY LTD (ABN 22 639 792 626) trading as (“IGX”) Central West Business Park, Building 23, 9 Ashley Street, West Footscray, Victoria, 3012, Australia;
       

    6. "Service" means any one or more of the International Saver Service or the International Priority Service offered by the Carrier;
       

    7. “Regulatory Authority” means, in relation to the Carrier, any governmental or regulatory body which has the responsibility of supervising and/or regulating the industry in which the Carrier has operations or business;
       

    8. “Waybill” includes any label produced by the Carrier’s automated systems, waybill or consignment note and shall incorporate these terms and conditions;
       

    9. “Working day” means any day (other than a Saturday, Sunday or public holiday) on which banks are open for general commercial business in Australia.
       

  3. Customer’s Responsibility

    The Customer shall:

    1. Abide by these terms and conditions at all times;
       

    2. Provide the Carrier at least three (3) working days’ written notice of any changes in scheduled collection;
       

    3. Submit to the Carrier any such information or documents as may be required by the Carrier for the purpose of verifying the identity of the Customer or to comply with any relevant laws and regulations;
       

    4. Provide the Carrier with articles where the total weight or dimension of each individual article shall not exceed the respective weight or dimension limits as may be prescribed by the Carrier from time to time;
       

    5. Pay the Carrier the prevailing and applicable charges for the Service according to such payment terms as may be mutually agreed in writing between the Carrier and Customer and in the absence of such agreement as may be prescribed and notified by the Carrier from time to time;
       

    6. Be responsible for any taxes and bank charges resulting from making payments to the Carrier;
       

    7. Be liable for any additional charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the services performed and/or the article in the event that the addressee refuses to pay them; and
       

    8. Indemnify and keep the Carrier indemnified at all times from and against all demands, claims, actions, proceedings, charges, postages, costs or expenses, including but not limited to storage charges, duties and taxes, retrieval and administrative costs (including reasonable legal costs) incurred, suffered, or sustained by the Carrier in connection with the services performed hereunder;
       

    9. For security reasons, the Customer shall inform to the Carrier of any shipment with a value exceeding fifty thousand Australian dollars (AUD $50,000.00) prior to dispatch;

      The Customer shall ensure that:

    10. Every article complies with the following specifications requirements (which may be revised by the Carrier at any time and from time to time) for the relevant Service(s): International Economy Express Service: Max length 180cm; Length + (2 x Width) + (2 x Height) must not exceed 240cm;

    11. NZ Economy Express Service: The maximum weight of articles ranges is 25kg to 30kg, depending on the country of destination;
       

    12. Every article is packed in a reasonably strong case, wrapper or cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal;
       

    13. All contents of the article are adequately packed so as to protect against damage in the course of transmission and in particular, but not limited to:
       

      1. An article which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the article against the effect of such concussion, pressure and knocks to which articles are ordinarily exposed in transmission, and the article shall bear the words "FRAGILE HANDLE WITH CARE" written conspicuously in capital letters on the face of the cover above the address of the addressee;
         

      2. An article which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the article from being bent or otherwise damaged in transmission, and the packet shall bear the words, "DO NOT BEND" written conspicuously in capital letters on the face of the cover above the address of the addressee.
         

    14. Articles prohibited by any law in force in the country of origin, destination and any 3rd party country of transit, for transmission will not be handed to the Carrier;
       

    15. All information provided for in connection with the article or the Service are true and accurate. The name, address and the telephone number of the Customer and addressee are completed accurately. For articles that are addressed to companies, the name of the company, address, name of addressee and department/section in which the addressee is located must be provided to ensure prompt delivery of articles;
       

    16. An article complies with its destination country’s prevailing size and weight restrictions applicable to the specific Service pursuant to which such article is to be transmitted. For more information, please contact local customer service; and
       

    17. Every article to be sent complies with the applicable laws, regulations and terms and conditions specified for the respective country of destination.
       

  4. The Carrier’s Rights and Responsibilities
     

    1. The Carrier shall take all reasonable precaution to prevent unauthorised persons from having access to the article(s) or their contents and shall also take all reasonable precaution against loss of or damage to the same or their contents;
       

    2. The Carrier shall make reasonable effort to deliver the Customer’s article according to the respective Service delivery schedules which are estimates only and not guaranteed. The deliveries are subject to possible delays including but not limited to delays by customs or government authorities of the destination country. The Carrier shall however not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery of the article for whatever reasons;
       

    3. The Customer may request for the Carrier to collect an article for delivery under any Service subject to such terms and conditions (including but not limited to payment of additional charges) prevailing from time to time. The Carrier shall have absolute discretion in deciding whether to accept such a request. The Customer shall be liable for additional charges if requests for collections are subsequently cancelled. There is no collection service from and restricted areas, offshore islands and such other areas as may be determined by the Carrier from time to time. Additional charges are applicable if collections are to be made at certain restricted areas as determined by the Carrier from time to time. For details on the collection service and the list of restricted areas, please contact customer service;
       

    4. Unless otherwise agreed in writing, the Customer agrees that the Carrier has the absolute right and discretion in choosing the routing of your shipment and may engage any agents and/or subcontractors on any terms to perform the whole or any part of the carriage and related services;
       

    5. The Carrier reserves the right to revise the agreed charges at any time for any of the Services, including but not limited to, change of any laws, regulations or directions imposed by any governmental or regulatory authorities; any applicable additional charges; surcharges relating to fuel or security, any other costs arising from situations beyond its control;
       

    6. The Carrier is not a common carrier and accepts no liability as such;
       

    7. The Carrier shall have the right to release and/or disclose any particulars and/or information relating to the Customer (“Information”) to any person for the purpose of performing the Service or its obligations and/or in compliance with any Applicable Law or the direction of any regulatory authority or stock exchange. Subject to any prohibitions under law, the Carrier may also collect, use and share such Information within the Carrier for the purposes of providing the Service and the offering or providing to the Customer of such new or other products and/or services that may be offered by the Carrier from time to time;
       

    8. The Carrier reserves the right to revise any part of these terms and conditions at any time.
       

  5. Charges for Services
     

    1. All charges for the Services shall be calculated based on the higher of actual weight or volumetric weight of the article as measured by IGX, and such determined by IGX of the actual or volumetric weight shall be final and conclusive. The Customer agrees that any inaccurate declaration of weight or dimensions resulting in under-quoting pricing will result in automatic recalculated price being applied and re-charged to the Customer as well as any additional charges that may apply. For all IGX International Products, freight is subject to cubic conversion of 250 kg per cubic metre. The Customer shall pay or reimburse the Carrier for all charges, duties and taxes owed for services provided by the Carrier or incurred by the Carrier on any third party’s behalf and all claims, damages, fines and expenses incurred if the Article is deemed unacceptable for delivery as described herein;
       

    2. All fees and charges will be calculated and invoiced either weekly or monthly in arrears by the Carrier. The Customer has 10 days to submit a dispute or enquiry regarding the invoice by contacting our accounts team on Finance@icumulus.com, after 10 days from the issue of the invoice all charges are deemed payable in full.
       

    3. The Carrier reserves the right to review and amend such charges from time to time and inform the Customer of the same;
       

    4. The Carrier reserves the right to impose any fuel surcharge, peak period surcharge and / or other types of surcharge;
       

    5. If the charges are paid for by a credit card, an additional fee of 1.5 % will apply;
       

    6. Notwithstanding any other clause in these Terms and Conditions, the Customer will pay the Carrier an interest for any overdue payment at a rate of [four percent (4%) per month] in respect of the entire overdue amount and further, be liable for all costs and expenses incurred by IGX to recover such overdue payments including but not limited to legal fees.
       

  6. Articles which are Unacceptable for Carriage by the Carrier
     

    1. The Carrier reserves the right to reject any article(s) submitted by the Customer without assigning any reason whatsoever;
       

    2. The Carrier reserves its right to reject delivery, in the event that the written address of the recipient is deemed incomplete, illegible, incorrect, cannot be located, or does not conform to postal requirements;
       

    3. Without prejudice to the generality of the clause above, the Customer shall not despatch and the Carrier reserves the right to refuse any articles that, in the Carrier’s sole and absolute discretion, are:

      1. prohibited by law, such as explosives, poisons, flammable articles, radioactive material, compressed gas, corrosive, firearms and any articles which by its nature or packing may expose officers of the Carrier to injury or cause damage to other articles; or

      2. infectious and non-infectious perishable substances and radioactive materials;

      3. with liquid content; or

      4. coins, bank notes and other valuables.
         

    4. The Customer is liable for any loss or damage suffered by any third party as a result of any breach of the terms set out in the clause above;
       

    5. By using the Services hereunder, the Customer warrants that the article submitted is acceptable for transportation. The Customer agrees that the following are deemed unacceptable for shipment:

      1. Articles classified as hazardous material, dangerous goods, prohibited or restricted by the International Air Transport Association (“IATA”), the International Civil Aviation Organisation (“ICAO”), Postal regulations, any applicable government department or other relevant organisation;

      2. if no customs declaration is made when required by applicable customs regulations;

      3. if its packaging is defective or inadequate;

      4. if it is included in the list of prohibited items on the Carrier’s website; or

      5. if the Carrier determines that an article cannot be transported safely or legally (including but not limited to, Animals, fish, birds (live), Human remains or ashes, Bullion (of any precious metal), Cash (current legal tender bank notes, currency notes and coins), Loose precious stones, Complete firearms, ammunition, explosives / explosive devices, Imitation or replica firearms, Illegal goods, Counterfeit goods, Antiques and works of art, Banderols/tax stickers, Cigarettes, Dangerous goods, Firearms parts, Furs and ivory, Jewelry, Watches, Precious metals (other than bullion), Negotiable instruments in bearer form (whether cash-like or not), Toy guns, Air guns, Batteries, Pornography, and Illegal narcotics / drugs.
         

    6. The list of prohibitions on importation for different destinations may change from time to time and the Customer may make enquiries with Customer Service;
       

    7. The Carrier may (but shall not be bound to) in its sole discretion, open and inspect for any reason the article, including but not limited to the verification of its contents at any time. The Carrier shall charge the Customer the shipment charges according to the contents of the article discovered on such opening and inspection. The article is subject to customs clearance and inspection by customs or government authorities of the destination country.
       

  7. Customs Declaration
     

    1. The customs declaration should be completed by the Customer in English and in a language which is accepted in the country of destination;
       

    2. To clear the article with the customs in the country of destination, the customs in the country of destination needs to know the contents of the article. The Customer must therefore complete the customs declaration fully, accurately and legibly. Any false, inaccurate or misleading information may lead to a delay in customs clearance, a fine or seizure of the article by the relevant customs authority;
       

    3. It is also the Customer’s responsibility to inquire into import regulations (prohibition, make up, etc) and to find out what documents, if any (including but not limited to certificate of origin, health certificate, commercial invoice, packing list, import licence, exemption certificate, etc) are required in the country of destination and to attach these to the consignment note. Each article must be accompanied by one original and one duplicate copy of the invoice;
       

    4. Any customs penalties, storage charges or other expenses including but not limited to duties and taxes that are incurred as a result of the actions of customs or governmental authorities or the Customer or the addressee, or as a result of the addressee’s failure to provide proper documentation and/or to obtain the required licence or permit, will be charged to the addressee of the shipment. In the event that the addressee refuses to pay, the Customer shall be liable for these charges;
       

    5. By using any Service hereunder, the Customer agrees to the disclosure of his/ her/ they /its information to third parties to facilitate customs clearance of the article.
       

  8. Undeliverable and/or Rejected Shipments
     

    1. Articles cannot be delivered to PO boxes or postal codes. Articles are delivered to the addressee’s address as given by the Customer but not necessarily to the named addressee personally. Articles to addresses with a central receiving area will be delivered to that area. If the addressee refuses delivery or to pay for delivery, or the article is deemed to be unacceptable, or it has been undervalued for customs purposes, or the addressee cannot be reasonably identified or located, the Carrier shall use reasonable efforts to contact the Customer and agree on the appropriate action to take, failing which the article may be released, disposed of or sold by the Carrier without incurring any liability whatsoever to the Customer or anyone else. The proceeds may be applied against any charges including but not limited to service charges and related administrative costs. The balance of the proceeds of the sale (if any) shall be returned to Customer. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken. For any Service, the Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken;
       

    2. For the avoidance of doubt, the Carrier shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any article. For all such articles the Customer or addressee shall deal directly with each other in respect of any refund, return, exchange, rebate and money-back guarantee policy and/or procedure at their own costs.
       

  9. Termination
     

    1. Unless otherwise agreed in writing, the Carrier shall be entitled to, without prejudice to all other rights it may have in this regard, terminate this Agreement at any time by giving no less than 1 Week's prior written notice to the Customer;
       

    2. The Carrier shall be entitled to, without prejudice to all other rights it may have in this regard, forthwith terminate this Agreement at any time by giving written notice to the Customer if the Customer shall commit a material breach of any of the obligations on its part to be performed or observed hereunder.
       

  10. Limitations and Exclusions of the Carrier’s Liability
     

    1. Subject to clause 10.2, on condition that the Carrier is satisfied that the Customer’s claim of loss or damage to the article(s) or contents thereof is justified, the parties agree that the Carrier’s liability for any loss of or damage to any article or its contents shall be limited to:

      1. for articles sent via International Economy Express Service: a maximum amount of the declared value of the article, and shall not exceed the greater of US$ 25/kilogram up to US$100 or US$11.34/lb for articles transported by air or other non-road mode of transportation; or

      2. all claims for loss or damage to the articles must be made no later than 14 days from the date of posting/lodgement failing which the Carrier shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, supporting documents and relevant invoices or receipts, failing which the claim will be considered null and void. All claims shall be made:

        1. in accordance with the claims policy and process as may be implemented and/or amended by the Carrier from time to time; and

        2. in writing, accompanied by the original copy of the consignment note, and all relevant supporting documents and invoices or receipts, and submitted to local customer service.

    2. The Carrier shall not in any case be liable for:

      1. any loss of profits, business or anticipated savings, any indirect or consequential loss or damage (including but not limited to the loss of profits, business, anticipated savings);

      2. any loss or damage arising from or in connection with:

        1. its failure to perform any of its obligations hereunder if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other act of God;

        2. any defect in respect of the article, even if known to the Carrier when the Carrier accepted it;

        3. the Customer’s acts of omission, including but not limited to insufficient or improper packing, security or addressing;

        4. any action or omission by anyone other than the Carrier including but not limited to:

          1. the Customer, as the sender of the article;

          2. the addressee;

          3. an interested third party;

          4. customs or other government officials; and

          5. the Carrier or other third party contracted by the Carrier to serve locations that the Carrier does not serve directly. The Carrier shall not be liable even if the Customer did not ask or know about a third-party arrangement.

        5. electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;

        6. any loss of secrecy in communication arising from the use of the Service;

        7. the hazardous, fragile or brittle nature of the mechanical derangement of the goods;

        8. any consequences of delay or confiscation by any competent authority as a result of the discovery of prohibited contents;

    3. delay or non-delivery of the article arising from the detention of the article by the customs or any government authority of the destination country.
       

  11. Enhanced Liability Coverage
     

    1. These Conditions shall be governed and construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria.
       

  12. Privacy
     

    1. If the Customer regards the limits under Clause 10 above as insufficient, the Customer may request for additional coverage for loss or damage to the article(s) by applying for the Carrier’s enhanced liability coverage. Further information can be found on the Carrier’s Website. This coverage is subject to the terms and conditions as may be amended by the Carrier at its sole discretion from time to time.
       

  13. Entire Agreement
     

    1. These terms and conditions, as the same may be amended from time to time, shall constitute the entire understanding between the parties hereto concerning the provision of the Service(s) and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.
       

  14. Amendments
     

    1. The Carrier reserves the right to amend any of the terms and conditions herein stated without any prior notice and the Customer shall be bound to observe and comply with the terms and conditions herein and any amendments thereof.
       

  15. Confidentiality
     

    1. The Customer shall keep all information relating to the Services confidential and shall not disclose any such information to any 3rd party without the prior written consent of the Carrier.
       

  16. Applicable Law and Jurisdiction
     

    1. These terms and conditions shall be subject to and construed in accordance with the laws of Australia. All proceedings in relation to any matter in dispute arising out of or in connection with these terms and conditions shall be commenced in the courts of Australia and the parties hereby submit to the non-exclusive jurisdiction of such courts;
       

    2. For the avoidance of doubt and without prejudice to the sub-clause above, it is hereby agreed and understood that these terms and conditions shall, notwithstanding anything contained herein, be subject to any directions, instructions or guidance whatsoever which any Regulatory Authority has given or may give to the Carrier or under any provisions of any licence granted by the Regulatory Authority, where applicable.
       

  17. Severability
     

    1. If any provision of these Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are severed and if this cannot be done, the entire provision is to be severed from these Conditions without affecting the validity or enforceability of the remaining provisions of the Terms.

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