By requesting Parcel2Courier Pty Ltd (“the Company”) provide the warranty it offers in respect of loss or damage to goods defined hereunder, the Customer agrees to these warranty terms and conditions (WTCs) which are supplementary to the trading terms and conditions (TTCs) of the Company. Accordingly, the Customer agrees that it has received and read the TTCs which are deemed incorporated herein (see – Terms and Conditions). To the extent of any inconsistency between the interpretation, meaning or application of these WTCs and the TTCs, the WTCs shall prevail.
Definitions & Interpretation
1. Words and terms used in these WTCs will have the same meanings as defined in the TTCs. The following words and terms used in these WTCs have the following meanings except where the context of application clearly indicates otherwise:
Claim Payment means the amount of;
- A$50 payable for shipments with Standard Warranty Cover (“SWC”) or
- A$50 payable for shipments with Enhanced Warranty Cover (“EWC”)
by the Customer in respect of each Claim brought by the Customer for loss or damage to the Goods covered by the Warranty arising from each separate incident or occurrence not otherwise excluded by these WTCs.
- Declared Value (“DV”) means the value of the Goods declared by the Customer when choosing the Warranty service during the booking process and shown in the booking receipt;
- Depreciation means the reduction in value of an item over time, calculated at 20% per annum from the date of original purchase;
- Warranty Limit means the maximum amount the Company will be liable to pay in respect of warranty cover, with the Warranty Limit based on the Total Declared Value (“TDV”) of the Goods to be provided by the Customer during checkout process. The maximum Warranty Limit with any shipment is $10,000 AUD.
- Loss or Damage means actual physical loss or damage to the Customer’s Goods subject of the Warranty and these WTCs and does not include any other loss or damage of any kind including but not limited to indirect or consequential losses.
- Warranty means the warranty that the Company agrees to provide in respect of Loss or Damage to the Goods subject and pursuant to these WTCs.
- Warranty Confirmation means the written confirmation of the particulars relevant to the Warranty provided by the Company and recorded in the booking receipt and these WTCs.
- Warranty Payment is the amount that the Customer pays to the Company for the Warranty which is calculated during the checkout process based on the TDV of the Goods and the Warranty type (“SWC” or EWC”) provided and elected by the Customer respectively.
Warranty not Insurance
2. The parties agree that these WTCs are not provisions which amount to an undertaking or liability in respect of insurance but provisions that warrant that the Company will indemnify the Customer for Loss or Damage even in circumstances where the Company has less or no liability to the Customer at law.
Warranty
3. In consideration of the Warranty Payment, the Claim Payment and subject to these WTCs, the Company warrants to pay the Customer for Loss or Damage that occurs during the performance of the Services by the Company, its employees or Subcontractors.
The Warranty Cover
4. If the Customer submits a claim for Warranty in respect of Loss or Damage to Goods which are subject to these WTCs, the Company agrees to pay the lesser of:
- the cost of repair to the Goods; or,
- the cost of replacement of like goods to the Goods in the market not exceeding the original price that the Customer paid for the Goods less any reasonable salvage value obtained in respect of the Goods
up to and not exceeding the Warranty Limit.
5. If there is no market for like goods, then the cost of replacement referred in Clause 4(b) above shall be the original price the Customer paid for the Goods less Depreciation since the date of their original purchase as best can be determined.
6. If the Customer fails to reasonably salvage the Goods, the parties agree that the Company will deduct a value that reasonably reflects the market value of the Goods following damage.
Warranty Exclusions
Restricted Items
7. The following Goods are excluded from Warranty cover and shipped at the Customer’s own risk in respect of loss or damage and could result in surcharges, delays or confiscation by freight companies and authorities:
- Alcoholic Beverages of every description (Spirits, Wine, Beer etc)
- Antiques
- Any items containing (or part thereof) these materials; Glass / Fiberglass / Acrylic / Mirrored items / Corian / Crystal / Ceramic / Fibreglass / Porcelain / Plaster / Marble / China / Stone / Slate / Resin / Granite / Carbon / Concrete
- Automotive Panels and Parts (including motive and non motive vehicles such as caravans and trailers).
- Push Bikes / Bicycles / Unicycles (and other similar non motorised vehicles)
- Computers / Printers
- Designs and / or patterns and / or plans and / or manuscripts and all other documents inc but not limited to Passports
- Deeds and/or securities and/or treasury notes and/or any other cash equivalents and/or tickets and/or vouchers and/or stamps and/or duty stamps and the like.
- Fine Art. 'Fine Art' means paintings, etchings, pictures, tapestries and other bona fide works of art, valuable rugs, statuary, marbles, bronzes, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a-brac, collections of books, mixed periodicals, photographs, slides, clippings and other articles of a similar nature including furnishings.
- Flat-packed Furniture (Non Assembled). Items are required to be boxed with internal packaging, and adequate protection on all corners.
- Food products of every description (whether perishable or not perishable)
- Household Goods Removals (Domestic - including all personal effects)
- Jewellery and/or watches of every description
- Lights, Light Signs, Lighting Products, and Lighting Accessories, including but not limited to Lamp Shades.
- Musical Instruments / Musical Equipment, including but not limited to Speakers & Amplifiers
- Perishable goods such as, but without limitation, pharmaceutical products.
- Precious Metals. “Precious Metals” means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.
- Precious Stones. “Precious Stones” means diamonds, emeralds, rubies and sapphires.
- Semi-precious Stones. “Semi-precious Stones” means amethyst, aquamarine, aventurine, carnelian, garnet, lapis Izauli, opal, pearls, rose quartz, topaz and tourmaline
- Visual Displays inc. but not limited to Televisions / LCD/ LED / Plasma & TFT Screens and other such monitors
- White Goods - e.g. fridges, ovens (also known as range, stove, cooking plate, or cooktop), microwaves, dishwashers, washing machine, air-conditioning units etc.
Restricted Item Exceptions for EWC
8. The following above mentioned restricted items are accepted for Warranty cover if the Customer chooses EWC:
- Push Bikes / Bicycles / Unicycles (and other similar non motorised vehicles)
- Computers / Printers
- Flat-packed Furniture (Non Assembled). Items are required to be boxed with internal packaging, and adequate protection on all corners.
- Musical Instruments / Musical Equipment, inc but not limited to Speakers & Amplifiers
- Visual Displays inc. but not limited to Televisions / LCD/ LED / Plasma & TFT Screens and other such monitors
- White Goods - e.g. fridges, ovens (also known as range, stove, cooking plate, or cooktop), microwaves, dishwashers, washing machine, air-conditioning units etc.
General Exclusions
9. The following items are excluded from Warranty cover and are strictly prohibited from shipping. Inclusion could resulted in prosecution, heavy fines and imprisonment:
- Aerosol cans / sprays
- All living animals and/or creatures of every description
- Animal skins / Furs / Any Animal Parts including but not limited to meat / ivory and ivory products
- Any box with a ‘Hazardous’ label attached (avoid re-using old boxes)
- Any items which are expressly prohibited from entry into the country of import.
- Any item that requires collection online auction websites without prior authorisation from Parcel2Courier, except eBay purchases
- Articles of exceptional value (eg, works of art, antiques, precious stones, gold and silver)
- Batteries: Wet, Dry, Metal Or Lithium Batteries Or products containing these items. (Exception - can be sent via TNT Road Express, please contact us for details)
- Cheques or Tickets
- Dangerous goods - eg Explosives / Fireworks / Christmas Crackers / Radioactive Materials / Deactivated or Replica weapons and Munitions / Firearms / Swords / Knives / Weapons
- Dry Ice
- Engines / Generators / Gearboxes or any part containing or having contained oil / petrol
- Fire Extinguishers / Life Jackets
- Food items (perishable foods) / Perishable goods
- Furniture that is not flat-packed - Please see restricted items list
- Hazardous materials e.g. Paint / Adhesives / Chemicals / Flammable resins, solvents, liquids / Compressed Air / Items containing any gases - See Also Household goods
- Household goods containing flammable or corrosive liquids, such as oven or drain cleaners / perfume, aftershave / hairspray / nail varnish and remover / antiseptic wipes.
- Human Remains / Body Fluids / Ashes
- Live / Dead animals / Ashes
- Magnets or items containing ferro-magnetic material
- Mobile Phones, Tablets or any other such similar device(s)
- Money, Coins, Keys, Negotiable items / Payment cards / Birth Certificates / Driving Licences / Stamps
- Plants / Seeds / Flowers
- Pornographic materials
- Prescribed Drugs / Medication
- Tobacco and tobacco products of every description
- Unpackaged items, or poorly packaged items which would easily open / likely to sustain damage during the normal course of freight transit.
10. Loss or Damage to the Goods arising from the following risks are excluded from Warranty cover:
- rust, oxidization, discolouration;
- rejection, detention, condemnation or confiscation of the Goods by any government or their agencies or departments or by any public or local authority;
- dismantling, assembly, testing or fabrication of the Goods other than as required during ordinary course of provision of the Services.
11. The Company is not liable to pay Warranty cover when Loss or Damage to the Goods results from:
- ordinary wear and tear of the Customer’s Goods;
- faulty manufacture or inherent defects of the Customer’s Goods;
- wars or strikes, actions of government or customs authorities (including rejection or refusal of importation permission for the Goods), nuclear or radioactive contamination;
- mould;
- insufficiency, deficiency or unsuitability of packing of the Goods particularly when not packed at or above the standard set by original manufacturers for the type or mode of transit(s) used;
- mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown;
- loss of data;
- goods destroyed by foreign government or customs authorities due to non-compliance with foreign laws/regulation or delay in collection.
12. Transit of the Goods to, from or within the following countries is excluded from Warranty cover:
- Afghanistan, Algeria, Armenia, Azerbaijan, Bangladesh, Bolivia, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Columbia, Cuba, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Georgian Guinea, Guinea-Bissau, Iran, Iraq, Israel, Ivory Coast, Kenya, Lebanon, Libya, Madagascar, Mali, Mauritania, Moldova, Nagorno-Karabakh, Nepal, Niger, Nigeria, North Korea, Pakistan, Sierra Leone, Somalia, Sudan, Syria, Uganda, Yemen, Zimbabwe.
- Countries subject of trade or economic sanctions from UN resolutions, laws or regulations of Australia, European Union, United Kingdom or United States of America.
Claims Processing
13. Any claim by the Customer for Warranty in respect of damage to Goods must be lodged in writing to the Company within 14 business days of delivery of the Goods or the date Services are completed, whichever date occurs first.
14. Any claim by the Customer for Warranty loss/non-delivery of Goods must be notified in writing to the Company within 14 business days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;
15. In respect of all Warranty claims, the Customer in addition to completing a claim form with particulars regarding the Goods and circumstances of the Loss or Damage must supply all relevant supporting documentation or other evidence and information as may be reasonably required by the Company to assess the claim.
16. The Customer agrees that it will:
- take all reasonable measures to avoid or minimise the extent of loss or damage to the Goods or any further loss, damage, liability or expense;
- note any relevant details regarding loss or damage on the consignment note, inventory or other document(s) used in the respect of the Service and provide same to the Company;
- preserve any damaged or defective items which may be required as evidence for the Company’s assessment;
- not authorise the repair or replacement of the lost or damaged Goods without the Company’s express written consent;
- not make any settlement, admission of liability, payment, or promise of payment to a third party without written consent of the Company.
17. The Company may reduce the amount paid under the Warranty by the amount equal to the prejudice caused to it as a result of the failure to comply with one or more of the subclauses of the above provision.
18. Only the Customer may claim under the Warranty.
19. A claim for Warranty will not be accepted unless it is made in accordance with Clauses 11, 12 and 13 above. This provision does not apply if the unfair terms provisions of the ACL applies.
