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 1. StarTrack
 2. Terms & conditions

TERMS & CONDITIONS


STAR TRACK EXPRESS PTY LIMITED TERMS AND CONDITIONS
ABN 44 001 227 890


Important: things you should know

The following clauses contained in these terms and conditions may be prejudicial
to you. 

Read the terms and conditions carefully before using StarTrack’s services. 
 * If you are a customer trading as an intermediary, there are circumstances in
   which you will be liable and will indemnify StarTrack against loss (to the
   extent permitted by law) (Clause 3.8)
 * StarTrack may amend the Service Rates or Additional Charges at its
   discretion, by giving 30 days’ notice (noting your right to terminate if you
   do not accept the changes) (Clause 4.6)
   
 * You will be required to pay a late payment charge in certain circumstances
   (Clause 4.8)
   
 * There are circumstances in which an extra charge may be applied (Clause 4.11)
   
 * There are circumstances in which StarTrack limits its liability and excludes
   warranties in relation to the provision of the Services, and for loss,
   damage, delay, non-delivery or misdelivery of your Goods(including limiting
   its liability for breach of guarantee, condition and warranty to either the
   resupply of the Service or the cost of resupply) (Clause 6). 
   
 * There are circumstances in which you will indemnify StarTrack (to the extent
   permitted by law) including for certain limited types of loss suffered by
   StarTrack in connection with your breach of any obligation or warranty under
   the Services Agreement (Clause 6.5)
   
 * Either party may terminate the Services Agreement at its discretion on 90
   days’ notice (Clause 12.3)
   



1. Introduction

1.1. These Terms and Conditions apply to and govern the provision of all
Services provided by Star Track Express Pty Limited (“StarTrack”). Other than
where the parties have agreed in writing that the Terms and Conditions will be
excluded or amended, they will form part of your Services Agreement with
StarTrack.

1.2. Capitalised terms used in these Terms and Conditions are defined in clause
16 below or as are specified in the Additional Charges.




2. Provision of the Services

2.1. We agree to provide you with the Services in accordance with the Services
Agreement.

2.2. You agree to comply with the Services Agreement and any reasonable
directions given by us.

2.3. Unless agreed otherwise, you may only consign Goods at or from the
Lodgement Points.

2.4. You must comply with all applicable Laws and any reasonable directions
given by us when consigning Goods with us. It is your responsibility to read,
understand and comply with all relevant Product Guides notified to you from time
to time. We may notify you of additional Product Guides or changes to existing
Product Guides by giving you thirty (30) days’ written notice of our amendments.
If you do not agree with the amendments, you may terminate the Services
Agreement (or the relevant Service), without liability, by providing us with no
less than 7 days’ written notice of termination.

2.5. You are responsible for the accurate and complete preparation of CNs for
all Goods consigned under this Agreement. You acknowledge and agree:

2.5.1. where you authorise a third party to prepare CNs on your behalf, you will
be responsible for the accuracy of the content on the CNs;

2.5.2. all Goods consigned will be accurately described in the CN, and properly
addressed; and 

2.5.3. you will list the packaging type, dimensions and weight of individual
items within a consignment on the CN.

2.6. You must ensure all Goods are consigned in accordance with applicable
Product Guides including the Prohibited and Restricted Goods Guide and are
appropriately packed having regard to the nature of the Goods and are suitable
for the Services when handled with reasonable care in our network. 

2.7. We will provide you or make available to you on request a POD for all
Deliveries. The POD may be established by producing to you the CN or an extract
of our driver’s run sheet, a photograph of the Goods at the Delivery Address or
an acknowledgment of receipt of the Goods signed by any person present at the
Delivery Address at the time of Delivery whether electronically or otherwise.
Absent any evidence to the contrary, the POD shall be binding on you or any
person liable to pay the charges. We do not have to produce POD if the
Goods were Delivered more than 12 months prior to your request for POD.

2.8. You may only consign the following Goods with our prior consent:

2.8.1. Dangerous Goods;

2.8.2. Prohibited Goods or Restricted Goods; and 

2.8.3. Oversize Goods.

You will comply with all directions given by us and relevant Laws, including
without limitation all packaging requirements contained in the Prohibited and
Restricted Goods Guide, when consigning any Goods in the above categories. We
will charge you any relevant Additional Charges as applicable in relation to the
consignment of such Goods, for example the Dangerous Goods Charge and/or the
Oversize Charge.

2.9. You must not knowingly consign, and we have the right to reject any:

2.9.1. Goods which are reasonably considered unsafe to move, or which may damage
our equipment;

2.9.2. Goods which are already damaged, or which are reasonably considered
likely to become damaged; 

2.9.3. Goods which are reasonably considered likely to damage or delay goods
consigned by other customers; and

2.9.4. Goods which cannot safely be handled by our personnel using our
standard equipment, including equipment available to our personnel on our
vehicles. 

2.10. In the case of our Road Express Service and Special Services Service, you
must not consign Goods packaged in non-rigid packaging (e.g. satchel, tote,
jiffy bag, bubble wrap, plastic wrapped). We reserve our rights in relation to
Goods lodged in breach of this requirement, including the application of the
Manual Handling Surcharge as specified in the Additional Charges (being a
pre-estimate of the additional handling and other costs that would be incurred
by us) and/or exercising our rights under clause 12 below.

2.11. You warrant that, in consigning the Goods to us in accordance with these
Terms and Conditions, you have the authority of and are the agent of, any third
party(s) that owns or has any interest in the Goods (including, where you are an
Intermediary, any End Customer).

2.12. You warrant that you will not misrepresent or overstate to any third
party, including to any End Customer or person who has an interest in the Goods,
the nature or quality of the Services that will be provided by us. 

2.13. Controlled Returns and Transfer Movements 

2.13.1. Our Controlled Returns and Transfer Movements Service will only be
permitted where specifically agreed, and Service Rates for those Services are
set out in your Pricing Schedule.

2.13.2. A Consignment Note Printing Fee as specified in the Additional Charges
will apply if the despatch paperwork and freight labels for a Controlled Return
or Transfer Movement are printed at the StarTrack pick-up depot and delivered to
your customer (i.e. the sender of the Controlled Return or Transfer Movement). 

2.14. If required, you may use our book-in consignment service, where either you
or your Receiver requires an allocated timeslot for delivery, invoice
notification or has specific delivery requirements. Such consignments must be
scheduled either by you or your Receiver at our dedicated “Book-In” distribution
centres in our major locations. Under clause 4.11, we may charge you reasonable
labour and packaging costs for repacking or reconfiguring your consignments as
reasonably required for your Goods to be processed through our network or to
meet either your or your Receiver’s requirements. 

2.15. Where the Receiver is unavailable or the Delivery Address is unattended
and whether or not you or the Receiver has provided us with a duly signed
written authority to do so, we may, at our sole discretion and at your sole cost
and expense:

2.15.1. In accordance with an Authority to Leave, deposit the Goods at the
Delivery Address, which shall be conclusively deemed to be due Delivery of the
Goods;

2.15.2. take the Goods to our nearest depot or a Collection Point and advise
your customer to collect them;

2.15.3. store the Goods and you agree to indemnify us for all costs and expenses
incurred in relation to such storage; or

2.15.4. attempt to re-deliver the Goods to the Receiver or return them to you or
the sender, if this isn’t you.

2.16. You must not sell or provide to third parties any of our pre-paid
products, such as our satchels. Our pre-paid products are non-refundable,
subject to applicable Laws including your rights under the Australian Consumer
Law.

2.17. You must not consign Dangerous Goods (including Permitted Dangerous
Goods), Semi-Fragile or Fragile Goods in satchels or envelopes.

2.18. Where you consign Goods using a fixed-price service which are packed in
our supplied satchels or cartons, or which are packed in your own satchels or
cartons or other appropriate soft packaging, you must ensure that the chargeable
weight of those consignments does not exceed the selected weight break, or the
weight you have declared in your CN. For fixed-price satchels you must also
ensure that your consignments conform to any dimension or volume limits set out
in the Additional Charges. Where we identify that your fixed-price consignment
is overweight, oversized, over-filled or otherwise inaccurately declared, we
will charge you at the rates specified in the Additional Charges.

2.19. We may complete for you any documents required to comply with any Laws
(but only as authorised to do so by those Laws) and act as your forwarding agent
and customs broker for customs clearance, entry and export control purposes and
you will pay any Extra Charges under clause 4.11 as advised by us for performing
this work.

2.20. Where we have reasonable grounds to do so:

2.20.1. we may open, inspect and examine any document, wrapping, package or
other container of the Goods to determine their nature, condition, ownership or
intended destination without any liability to you; 

2.20.2. we reserve the right to not process and not deliver any Goods in our
possession which do not comply with the provisions of the Services Agreement
without any liability to you (in which case we will contact you to determine how
such Goods should be returned or handled); and

2.20.3. we may sell or dispose of any uncollected or undeliverable Goods 60 days
after making reasonable efforts to contact you and we will not be required to
account to you for the sale or disposal of the Goods unless required to do so by
applicable Laws.




3. Intermediaries

3.1. The provisions of this clause only apply if you are an Intermediary.

3.2. You must notify us of the identity of any End Customers to whom you wish to
offer the Services. You must also provide details about End Customers, including
anticipated delivery volumes, freight profiles and Lodgement Points. Following
receipt of all information reasonably requested, we will either provide you a
Proposal specific to that End Customer, or decline to provide the Services. 

3.3. We will not provide Services to End Customers until you confirm acceptance
of the Proposal in writing. Acceptance of a Proposal will constitute a separate
agreement with you, for Services to be supplied to the End Customer specified in
the Proposal, for the Service Rates set out in the Proposal, and otherwise in
accordance with the terms set out in the Services Agreement. Upon receipt of
written acceptance of the Proposal a separate billing account will be created
for the relevant End Customer.

3.4. Where applicable, any additional terms or arrangements for a specific End
Customer must be agreed in writing and signed. 

3.5. You are responsible for and must satisfy yourself that all of your End
Customers receiving the Services do everything necessary to meet the obligations
of your Services Agreement and not do anything which, if it was done by you,
would cause you to be in breach of your Services Agreement.

3.6. You must not consign or allow the consignment of any Goods with us, or
otherwise use any Services, for any person or an End Customer where a specific
Proposal has not been provided and agreed, in writing. 

3.7. The failure to comply with Clause 3.2 is a material breach of your Services
Agreement. Without limiting any other rights or remedies available to us,
including the right to terminate the Services Agreement, if you breach Clause
3.2, we reserve the right to charge you and you must pay for the Services at the
Service Rates which would have been charged had Clause 3.2 been fully and
accurately complied with.

3.8. Subject to clauses 6 and 7 and to the maximum extent permitted by Law, you
will be liable for and will indemnify us against all Indemnifiable Loss arising
directly or indirectly from:

3.8.1. any act or omission by your End Customers, that if done by you would
cause you to be in breach of any obligation, warranty or representation in your
Services Agreement;

3.8.2. a breach by your End Customers of any applicable Law (including but not
limited to legislation relating to chain of responsibility and Dangerous Goods);

3.8.3. any negligent act or omission by your End Customer (or of your End
Customer’s officers, employees, agents, contractors or sub-contractors);

3.8.4. any fraudulent act or wilful misconduct of your End Customers (or your
End Customer’s officers, employees, agents, contractors or sub-contractors).

3.9. Your liability to us under clause 3.8 is reduced proportionally to the
extent that the Indemnifiable Loss was caused or contributed to by us.



4. Service Rates and Additional Charges

4.1. We will invoice you the applicable Service Rates plus any Additional
Charges (including, without limitation, the Peak Fee at Peak Times) and Extra
Charges in respect of the Services we provide to you.

4.2. The Service Rates quoted in your Pricing Schedule refer only to the
specific Services and Lodgement Points listed.

4.3. Unquoted Destinations: If you wish to send to or from destinations that
have not been quoted in your Pricing Schedule, our standard Service Rates will
apply, as set out in the Standard Rate section of your Pricing Schedule and
which may be found here: Pricing Schedule. 

4.4. Specific destination rates are one-way only (i.e. not return), unless a
return rate has been provided. A further delivery fee will be charged for any
consignment which is re-directed or re-delivered at the request of you, other
sender if not you, Receiver or other third party. 

4.5. You must open and maintain a StarTrack Credit Account using our Credit
Account application form as current from time to time. 

4.6. Service Rate Review. We may amend the Service Rates and/or add, remove or
amend any Additional Charge at any time and at our discretion by giving you no
less than 30 days’ written notice (“Price Notification”). If you do not agree
with a Price Notification, you may terminate the Services Agreement (or the
relevant Service) without liability by providing us with no less than 7 days’
written notice of termination within 30 days from receipt of the Price
Notification. You will be deemed to have accepted the Price Notification if we
do not receive notice of termination within this period. This clause 4.6 does
not restrict or limit the exercise of our rights pursuant to clause 13.3 (Force
Majeure Fee).

4.7. The Service Rates plus any Additional Charges and Extra Charges will be
invoiced to you weekly and, unless otherwise agreed in writing, must be paid
within fourteen (14) days of your receipt of the invoice.

4.8. If any charges are not paid by the due date for payment, you must also pay
the Administration Charge for each invoice period that an amount remains due and
payable, plus the following late payment charges:

4.8.1. for accounts with credit terms of 14 days or less, pay (for each period
between invoices) a fee of 0.2% of the Charges that are due and payable and not
paid by the date for payment; or

4.8.2.for accounts with credit terms of more than 14 days, pay (for each period
between invoices) a fee of 1.5% of the Charges that are due and payable and not
paid by the required date for payment.

4.9. Calculation of Service Rates. Service Rates invoiced to you will be based
on whichever is the greater of:

4.9.1. the Dead Weight of the Goods consigned; or

4.9.2. the cubic measurement of the Goods multiplied by the Cubic Factor.

4.9.3. For example: assuming a Cubic Factor of 250 kilograms per cubic metre and
the following freight dimensions: height (400mm), width (300mm) and length
(550mm), the cubic calculation is as follows:

(a) 0.400 x 0.300 x 0.550 = 0.066 cubic metres

(b) 0.066 cubic metres x 250 = 16.5 kg (rounded up to 17kg chargeable weight)

In the above example if the dead weight of the freight is less than 17kg, the
chargeable weight will be 17kg. If the Dead Weight of the freight exceeded 17kg,
the consignment would be charged on the Dead Weight (rounded up to the nearest
whole kilogram).

4.9.4. We may use, at our discretion, automatic cubing and weighing technology
and/or the Bulk Cube Method, to attribute a Dead Weight, or Cubic Weight for the
purpose of calculating the Service Rates. For example, for despatch of a small
number of items, we may use the actual measurements of each item consigned; for
a large bulk despatch which includes consignment on pallets, we may use the Bulk
Cube Method; and for mixed items, despatched on pallets and as loose freight, we
may use a combination of both.

4.9.5. Bulk Cube Method. We use a formula, as described below, to calculate
chargeable weight where multiple items are consigned in a day. The formula
calculates the total volume of items consigned over the whole day and applies
that volume across individual consignments based on the greater of the Dead
Weight of the consignments as you have specified to us, or the volume as
measured by us. The volume is then multiplied by the Cubic Factor, and rounded
up to the nearest kilogram.

4.9.6. Example of the Bulk Cube Formula. Total cubic measurements for each
day’s despatch are divided by the total Dead Weight, to arrive at a cubic to
Dead Weight ratio. The individual Dead Weight of each consignment is multiplied
by the ratio. The Cubic Factor is then applied to determine the number of
kilograms to be charged for each consignment.

(a) Total cubic metres for the day’s despatch = 2m3

(b) Divided by total Dead Weight despatched that day 400 kilos = 0.005

(c) Multiplied by individual consignment Dead Weight 15 kilos = 0.075

(d) Multiplied by Cubic Factor x 250 = 18.75 Rounded up to 19 kilos.

Note: In the above example, 15 Dead Weight kilograms will be charged at 19 cubic
kilograms. All partial chargeable kilograms are rounded up to the next
whole kilogram for each consignment. All calculations will be based on weights
and measurements supplied by you in the electronic data or consignment note or
the weight and measurements designated by StarTrack, including the weight
and measurements of any pallets or skids used in the transportation of Goods to
their final destination. Uncrated machinery will be measured to a minimum height
of 2.7 metres. 

4.10. If upon our receipt of Goods for which our Service Rates have been
pre-paid (including for our prepaid satchels and cartons), we determine that you
have understated the Cubic Weight or Dead Weight (as the case may be), you must
pay us the difference between the amount you have pre-paid and the amount that
we determine, plus any applicable Additional Charge (such as the Manifest
Correction Fee), for rectifying the understatement.

4.11. Extra Charges. In addition to the Services Rates and any Additional
Charges, we reserve the right to apply, at a rate which is reasonable in the
circumstances, the following extra charges:

4.11.1. labour and packaging costs if we need to repack or reconfigure your
consignment as reasonably required to be processed through our network or to
meet either your or your Receiver’s requirements.

4.11.2. storage charges when we are requested to hold Goods for more than two
days;

4.11.3. any delay (where such delay has occurred other than from our default) in
excess of 30 minutes in loading or unloading the Goods or if the Receiver is not
in attendance at the Delivery Address during normal hours when Delivery is
attempted;

4.11.4. charges for forklift, crane hire or any equipment required for the safe
loading, unloading or handling of your Goods; 

4.11.5. reasonable costs of completing any documentation required under clause
2.17; and 

4.11.6. on-forwarding charges as applicable in some remote areas if the
requested delivery location is outside the area serviced by our delivery
network. In such cases, additional charges will be dependent on the specific
delivery requirements. On-forwarding charges for Next Flight consignments will
be advised at the time of booking.

4.12. Where either you or your Receiver has requested that our charges be
invoiced to a third party (including a Receiver):

4.12.1. if the third party does not have an account with us, our charges will be
calculated using our standard rates schedule, and

4.12.2. if our charges are not paid promptly, you will pay charges as originally
invoiced to the third party. 

4.13. All Service Rates, Additional Charges and any Extra Charges are quoted
without including an amount for GST unless stated otherwise. In addition to any
GST-exclusive amounts payable you must pay an amount equivalent to the GST
payable in respect of the taxable supply on receipt of a valid tax invoice.

4.14. If in relation to a supply made under the Services Agreement an adjustment
event occurs that gives rise to an adjustment, the price of that supply
(including any GST Amount) will alter accordingly and where necessary a payment
will be made to reflect the price adjustment.



5. Minimum Revenue and Trading Levels

5.1. The Service Rates in the Pricing Schedule are quoted based on your advice
of your expected Minimum Spend.

5.2. If your trading levels are less than the Minimum Spend within any three
consecutive month period, we reserve the right to adjust your Service Rates on
30 days’ written notice to reflect your spend. If you do not wish to continue
with the Services following an adjustment in the Service Rates, you may
terminate the Services Agreement without liability by providing no less than 7
days’ written notice, within 30 days’ from the date that you are made aware of
the adjustment.



6. Liability and Limitation of Liability 

6.1. Except as expressly set out in the Services Agreement, we disclaim all
warranties, guarantees and conditions with respect to the Services, to the
maximum extent permitted by Law. 

6.2. Nothing in the Services Agreement (including clause 6.1) excludes,
restricts or modifies any right or remedy, or any guarantee, warranty or other
term or condition, implied or imposed by any Law (including consumer guarantees
under the Australian consumer Law) that cannot lawfully be excluded or limited
(a “Non-Excludable Condition”). Where permitted by Law, and providing it is
reasonable to do so, we limit our liability for breach of a
Non-Excludable Condition to either the resupply of the Service, or paying the
cost of resupplying the Service, in respect of which the breach occurred. 

6.3. Subject to clause 6.2, clause 6.4 and any Transit Warranty Claim we accept
under clause 7, to the maximum extent permitted by Law we are not liable to you,
or any third party, in contract, tort (including negligence), bailment or
otherwise in Law or equity for any Loss whatsoever arising out of the provision
of (or any failure to provide) the Services, and without limiting the foregoing
this includes:

6.3.1. Loss that you may incur arising from loss of or damage to your Goods
while those Goods are in our custody or control unless you have purchased
Transit Warranty for those Goods (including where the loss or damage was caused
by our negligence). 

6.3.2. Loss that you may incur arising from any delay in the delivery of your
Goods, or any non-delivery or mis-delivery of your Goods.

6.4. Nothing in the Services Agreement will limit a party’s liability for Loss
arising out of:

6.4.1. any illness, injury to or death of any person caused by a negligent act
or omission of that party; or

6.4.2. any gross negligence, fraudulent act or wilful misconduct of that party.

6.5. You will indemnify us against any Indemnifiable Loss incurred by us arising
from any breach by you of your obligations under the Services Agreement or any
representation or warranty made by you in it. 

6.6. Your liability to us under clause 6.5 above is reduced proportionally to
the extent that the Loss was caused or contributed to by us.

6.7. We are not liable to you and you are not liable to us for Consequential
Loss arising under the Services Agreement.

6.8. Any benefit received under a provision of the Services Agreement which
limits or excludes our liability, or which provides us with an indemnity, is
extended to include our Representatives and to the extent necessary, StarTrack
holds the benefit of the indemnity on trust for Related Bodies Corporate and
Representatives.



7. Transit Warranty

COVER LEVEL UNDER TRANSIT WARRANTY

7.1. Subject to the following paragraphs of this clause, we provide you with an
opportunity to purchase a warranty, subject to the exclusions below, against the
Goods (other than any Excluded Goods, Dangerous Goods or Fragile Goods) being
Lost or damaged while we are providing the Services and while the Goods are in
our possession (the “Transit Warranty”). In return for us providing you with the
Transit Warranty, you agree that you will pay the Transit Warranty Charges as
set out below, or as otherwise agreed by us in writing.

7.2. We will provide you with (and charge you for) the Transit Warranty cover
you have selected for each consignment, up to a cap of $5,000 (subject to clause
7.7), or such other amount that we have agreed to in writing (“Maximum Cover”).
The amount that we will pay out for any claim is determined by the provisions of
this clause 7 and may be less than the Maximum Cover.

7.3. You may opt out of Transit Warranty cover, or arrange a different amount as
Maximum Cover, by providing notice to us in a transit warranty registration form
(available from https://startrack.com.au), or as otherwise agreed by us in
writing.

7.4. This clause is subject to your rights under the Australian Consumer Law and
nothing in these Terms and Conditions is intended to limit any rights you may
have under the Competition and Consumer Act 2010 (Cth).

TRANSIT WARRANTY CHARGES 

7.5. For Transit Warranty cover between $100 and $5,000, you will be charged at
a rate of $1 per $100 of cover for each consignment. The level of cover you
select will apply to each consignment. You may, at any time, opt out of Transit
Warranty or select a different level of cover (between $100 and $5,000) by
completing the Transit Warranty form.

7.6. If you wish to purchase Transit Warranty cover for a specific consignment,
you must declare the value of the consigned Goods on the CN (or StarTrack’s
Electronic Despatch System or an alternate approved electronic despatch system).
You will be charged according to the level of Transit Warranty cover selected.
You are not entitled to purchase Transit Warranty for a specific consignment
unless you have some Transit Warranty cover applying to all consignments.

7.7. You can request a quote for Transit Warranty cover over $5,000 on a
specific consignment by downloading and completing the Transit Warranty
Quotation Form.

TRANSIT WARRANTY CLAIMS AND CLAIM PROCESS

7.8. You must notify us in writing of any intended transit warranty claim
(“Transit Warranty Claim”) to the address specified in clause 7.10.3 and then
submit a completed Transit Warranty Claim form within the following time limits:

7.8.1. where the Receiver has indicated in writing that loss or damage has
occurred in respect of the Goods, provide notice of intention to claim within 14
days from the date of Delivery of the Goods to the Delivery Address and the
Transit Warranty Claim form within a further 14 days of providing the notice of
intention to claim;

7.8.2. where the Receiver has acknowledged that the Goods have been Delivered
and received in good order and condition, provide notice of intention to claim
within 7 days from the date of Delivery of the Goods to the Delivery Address and
the Transit Warranty Claim form within a further 7 days of providing the notice
of intention to claim;

7.8.3. in respect of Transit Warranty Claims for non-delivery, provide notice of
intention to claim within 14 days after the date of despatch and the Transit
Warranty Claim form within a further 14 days of providing the notice of
intention to claim. 

7.9. We may, in our absolute discretion, accept written notification of an
intended Transit Warranty Claim where it is submitted to us not more than 7 days
after the expiry of the applicable time limit in clause 7.8.

7.10. You must provide to us with any Transit Warranty Claim notification:

7.10.1. documentary evidence of the cost price of the Goods in a form that we
notify you is acceptable to us, acting reasonably, which may include, receipts,
valuations and tax invoices; and

7.10.2. if your Transit Warranty Claim relates to damage to the Goods, coloured
photographs of the damaged Goods and/or packaging.

7.10.3. Any Transit Warranty Claim form or notice of intended Transit Warranty
Claim must be sent to “Corporate Claims Department, StarTrack, Locked Bag 5700,
Strawberry Hills, NSW, 2012” or by email to transit.warranty@startrack.com.au.

EXCLUSIONS

7.11. Unless otherwise agreed by us in writing, Transit Warranty does not apply,
and we are not obliged to pay you any amount for a Transit Warranty Claim under
the Transit Warranty:

7.11.1. for loss or damage, however caused, to any Prohibited Goods or
Restricted Goods (other than where you have consigned such Goods with our
express permission and in compliance with our directions and relevant Laws),
Excluded Goods, Dangerous Goods, or Fragile Goods;

7.11.2. for any Consequential Loss.

7.11.3. where the damage is electrical or mechanical derangement, loss in weight
or volume, shrinkage, leakage, wear and tear which is attributable to the nature
of the Goods, or inherent vice of the Goods;

7.11.4. if you do not comply with the Transit Warranty Claim process in this
clause 7;

7.11.5. if the Goods are Lost or damage occurs while the Goods are transported
by air and the air carriage involves an ultimate destination or stop in a
country other than the country of departure (in which case you may be entitled
to compensation under the Civil Aviation (Carriers’ Liability) Act 1959);

7.11.6. if you claim that the Goods are Lost and we are in possession of a POD
document for the consignment;

7.11.7. if we inform you (and provide you with reasons in writing) that, in our
reasonable opinion:

7.11.7.1. the packaging of the Goods was insufficient or unsuitable for
transportation;

7.11.7.2. the Goods were defective prior to commencement of the Services; or

7.11.7.3. damage, mechanical failure or defect in the Goods could not have been
caused by the Services.

7.11.8. if the Goods have been returned to us (unless your Services Agreement
states that you are covered for this);

7.11.9. if we were not responsible for the total Delivery of the Goods to the
Delivery Address;

7.11.10. if the Delivery Address is a post office box, roadside drop or postal
mail box;

7.11.11. if the damage is caused by or to Goods are Lost due to a Force Majeure
Event;

7.11.12. If you claim that the Goods are Lost and the Goods were Delivered
unattended in accordance with an Authority to Leave; 

7.11.13. if you fail to substantiate the cost price of Goods claimed to be Lost
or damaged as and when reasonably requested by us;

7.11.14. if the Goods have not been consigned by way of a valid StarTrack CN or
by through the StarTrack’s Electronic Despatch System;

7.11.15. if the Transit Warranty Claim is for less than $25.00.

PAYMENT OF CLAIMS

7.12. The maximum amount that we will pay under a Transit Warranty Claim is the
lesser of the:

7.12.1. Maximum Cover;

7.12.2. cost price of the Goods;

7.12.3. declared value of the Goods (where applicable); and

7.12.4. agreed cost of repairs to the Goods, if appropriate.

7.13. If we make a payment under this clause for the replacement of the Goods we
may retain or recover the damaged Goods.

7.14. The Transit Warranty charge and the GST component of the cost price of
Goods will not be included in any payment made by us to you for a valid Transit
Warranty Claim.

7.15. You may only make one Transit Warranty Claim per consignment.

7.16. Where you make a valid Transit Warranty Claim and there are outstanding
amounts owed by you to us that are due and payable, we may pay the Transit
Warranty Claim either directly to you or as a credit to your outstanding
account.



8.  IP, Confidentiality & Privacy, Data

INTELLECTUAL PROPERTY

8.1. The ownership of any Background IPR will not be transferred or assigned,
unless otherwise agreed in writing by the parties. 

8.2. You warrant that you own, or are licensed to use, all of your Background
IPR provided to us to provide the Services, and that our use of your Background
IPR to provide the Services will not infringe any third-party Intellectual
Property Rights.

8.3. All Intellectual Property Rights developed or produced by us (or on behalf
of us), in connection with or as a result of, the provision of the Services,
will become our sole and unencumbered property. 

8.4. If requested by us, you must execute any assignment or other document
reasonably requested to evidence our ownership of the Intellectual Property
Rights. 

CONFIDENTIALITY & PRIVACY

8.5. Subject to 8.6 below, each party must keep confidential and must not use
other than in performing its obligations or exercising its rights under the
Services Agreement or disclose to any other person, any Confidential Information
of the other party. 

8.6. A party may make any disclosures of the other party’s Confidential
Information:

8.6.1. to any Representative, consultant, service provider or professional
adviser to whom it is necessary to disclose the information for the purpose of
performing that party’s obligations or exercising its rights under this
Agreement; 

8.6.2. with the consent of the other party, which consent may not be
unreasonably withheld; or

8.6.3. as is necessary for it or its shareholders to comply with any applicable
Law or the rules of any a stock exchange. 

8.7. A party disclosing Confidential Information under 8.6 must take all
practicable steps to ensure that the person receiving the Confidential
Information from it complies with 8.5.

8.8. We handle Personal Information in accordance with the Privacy Act 1988
(Cth), the Act and the Australia Post Privacy Policy. 

8.9. You warrant that you have obtained all necessary consents required to
enable us to lawfully use any Personal Information you provide to us to allow us
to perform the Services. 

DATA

8.10. You acknowledge that we use data collected or created by us in the normal
course of providing the Services for improving our performance and services,
improving health and public safety, generating reports, undertaking consumer,
market and trend analysis (which findings may be used for a commercial purpose,
subject to our compliance with 8.11 below) and performing our business
functions.

8.11. We undertake to use data as described in 8.10 in an appropriately
aggregated and de-identified way. We will only disclose the aggregated and
de-identified information in a manner which is consistent with our obligations
under the Privacy Act 1988 (Cth), and in accordance with and the Australia Post
Privacy Policy.



9. Dangerous Goods

9.1. You warrant and declare that any Goods consigned by you or on your behalf
under the Services Agreement will not constitute or contain Dangerous Goods,
other than properly packaged Permitted Dangerous Goods, the carriage of which
have been agreed by us in writing prior to being consigned. 

9.2. You acknowledge that Goods consigned by you may be carried by air, sea,
road or rail. 

9.3. When consigning any Permitted Dangerous Goods, you must comply with
applicable Laws and any reasonable directions provided by us relating to
consignment, labelling and packaging of Dangerous Goods.

9.4. Where consigned, you will fully declare all Permitted Dangerous Goods,
including completing a Dangerous Goods Declaration, and other documentation
required or reasonably requested by us.



10. Electronic Despatch System


10.1. We will make available to you at no charge our proprietary electronic
despatch system for the preparation of CNs and electronic Manifests. 

10.2. Electronic Manifests are required for all Goods consigned by you under
your Services Agreement. The Unmanifested Fee will be applied where either a
manual Manifest or no Manifest is provided. You may use either the Electronic
Despatch System or another electronic manifesting system approved by us of this
purpose. 

10.3. Where you chose to use the Electronic Despatch System, we will provide you
with access via applications protocol interfaces (APIs) and the required access
credentials (in the form of security token or otherwise).

10.4. All of your consignments must be verified by an electronic transfer of
data to us that matches the Goods consigned on the same day.

10.5. You must, for each Goods pick-up, prepare an electronic summary report in
the form provided by us (“Despatch Summary Report”).

10.6. You must, for each Goods pick-up, provide to our pick-up person at the
time of pick-up CNs and Dangerous Goods Declaration (where applicable). You
acknowledge that applicable Services Rates and other charges, are determined
when Goods are processed through the StarTrack network. Any Services Rates and
other charges applicable to consignments which are prepared using either the
Electronic Despatch System or any other system provided by us are best estimates
only and may vary from the final charges.

10.7. You acknowledge that applicable Services Rates and other charges, and
delivery times may be affected by the nature of the Goods consigned, their size
and weight and whether any are Oversize or otherwise require manual handling and
whether any Dangerous Goods are included. Delivery time estimates prepared using
either the Electronic Despatch System or other system provided by us are best
estimates only, and we make no warranty of their accuracy.



11. Pallet Trading

11.1. On request, we may assist you to facilitate pallet transactions between
you and our trading partners CHEP and Loscam (Pallet Partners). You acknowledge
that we provide this assistance as an intermediary only and it is your
responsibility to arrange for the issue/ supply of Pallet Partner pallets and/or
plain pallet suppliers. Under no circumstances will we supply Pallet Partner
pallets or plain pallets to you.

11.2. We will only accept CHEP code 10001 and Loscam code WP; no other hire
equipment will be accepted onto our accounts.

11.3. If you elect to source pallets from our Pallet Partners, it is a
requirement that you establish the requisite accounts with those entities and
submit your account details to us.

11.4. You accept the responsibility to raise the Pallet Partner docket at
pick-up to effect a transfer of pallet/s to our account. If a fully completed
pallet transfer is not given to our driver at pick-up, then no liability for the
pallets is passed to or accepted by us. You accept the responsibility to
promptly forward the transfer advice/dockets to the relevant Pallet Partner for
processing.

11.5. For freight deliveries into distribution centres and grocery warehouses,
the effective date of the pallet transaction with us must be calculated as 30
days from the despatch date.

11.6. Pallet Partners IOUs – will need to be made available for pick-up within 1
week of the original transaction. If we do not receive the IOU within this
timeframe, we will request that an account be opened and all future transactions
completed via transfer.

11.7. We will only transact pallet movements by ‘transfer’ on/off our account
to/from the relevant Pallet Partner account.



12. Term and Termination

12.1. The Services Agreement continues until it reaches its Expiry Date (if any)
or is terminated in accordance with its terms (“Term”). 

12.2. A party (“Non-defaulting Party”) may terminate the Services Agreement
immediately by giving written notice to the other party (“Defaulting Party”) if
the Defaulting Party commits a breach of this Agreement and:

12.2.1. the breach is not remedied within 14 days after receipt of notice from
the Non-defaulting Party specifying the breach and its intention to terminate
this Agreement by reason of such breach; or

12.2.2. the breach is not capable of remedy. 

12.3. Either party may terminate the Services Agreement for any reason by giving
at least 90 days’ written notice to the other party. Where notice is given by us
under this clause, the date of termination will, if required, automatically be
extended so that the effective date of termination is not during the months of
November or December in any year.

12.4. We may immediately terminate the Services Agreement by giving you written
notice if a Termination Event occurs. 

12.5. The termination or expiry of the Services Agreement for any reason will
not extinguish or otherwise affect:

12.5.1. any rights of either party against the other which accrued before the
termination or expiry and which remain unsatisfied; 

12.5.2. the provisions of clauses 6 (Liability and Limitation of Liability) 7
(Transit Warranty), 8 (IP, Confidentiality and Privacy, Data), 9 (Dangerous
Goods) and 12 (Term and Termination); or

12.5.3. any other provision of the Services Agreement, which is expressly stated
to, or which by its nature, survives termination or expiry of the Services
Agreement.

12.6. Upon termination or expiry of the Services Agreement, you must immediately
pay us all outstanding amounts unpaid under the Services Agreement for the
period up to and including the date of termination or expiry.



13. Force Majeure

13.1. If by reason of a Force Majeure Event, a party is unable to carry out, or
is delayed in performance any of its obligations under the Services Agreement
(other than an obligation to pay money) those obligations will be suspended to
the extent that the party impacted is prevented or delayed by such Force Majeure
Event from performing those obligations and neither party will be liable to the
other party for any additional costs or expenses incurred in connection with
that Force Majeure Event.

13.2. A party affected by a Force Majeure Event must give the other party prompt
notice of the Force Majeure Event which must contain full details of the Force
Majeure Event and the extent to which it will be unable to perform its
obligations under this Agreement and use all commercial endeavours to, as soon
as possible, remove such Force Majeure Event and the effect of such Force
Majeure Event on the performance of its obligations (including by finding ways
to continue the performance of those obligations) under the Services Agreement.

13.3. Force Majeure Fee Where we are the party affected by a Force Majeure
Event, and the effect of that Force Majeure Event can be overcome or mitigated
but at an additional cost, we may:

13.3.1 continue to provide some, or all of the Services (even though those
obligations may be suspended under clause 13.1); and

13.3.2 pass on the additional cost to you in the form of a new or amended
Additional Charge, provided that we will give you reasonable prior written
notice (being no less than 3 Business Days). 

13.4. Nothing in this clause will require the affected party to settle strikes
or other labour disputes on terms contrary to its reasonable wishes.

13.5. If the Force Majeure Event causes the delay or non-performance of the
obligations to continue for more than thirty days, either party may immediately
terminate the Services Agreement by giving written notice to the other party. 



14. Modern Slavery

14.1. We confirm that we have not committed an act that would constitute “modern
slavery” (as that term is defined in the Modern Slavery Act 2018 (Cth)). 

14.2. We will use reasonable endeavours to confirm that our suppliers,
Sub-Contractors and any person or entity providing goods and services to us have
not committed an act that would if committed by us constitute a breach of the
warranty in 14.1 and are compliant with the requirements of the Modern Slavery
Act 2018 (Cth) in connection with the Services supplied to you.




15. General

15.1. (Interpretation) Unless the contrary intention appears, a reference in the
Services Agreement to:

a) (singular includes plural) the singular includes the plural and vice versa;

b) (calculation of time) if a period of time dates from a given day or the day
of an act or event, it is to be calculated exclusive of that day; 

c) (meaning not limited) the words “include”, “including”, “for example” or
“such as” are not used as, nor are they to be interpreted as, words of
limitation, and when introducing an example, do not limit the meaning of the
words to which the example relates to that example or examples of a similar
kind;

d) (two or more persons) an agreement, representation or warranty in favour of
two or more persons is for the benefit of them jointly and each of them
individually;

e) (jointly and individually) an agreement, representation or Warranty by two or
more persons binds them jointly and each of them individually;

f) (reference to a party) a party includes its employees, agents,
representatives, contractors and sub-contractors and any servant or agent of its
contractors or sub-contractors; 

g) (reference to a person) a word which denotes a person includes an individual
or a body corporate. A person also includes the trustee, executor,
administrator, and successor in title and permitted assignee of that person;

h) (legislation) any legislation includes any regulation or instrument made
under it and where amended, re-enacted or replaced means that amended,
re-enacted or replacement legislation; and

i) (dollars) Australian dollars, dollars, A$ or $ is a reference to the lawful
currency of Australia.

15.2. (Notices) All notices, consents, approvals, waivers and other
communications in connection with the Services Agreement must be made in writing
and handed delivered or sent by email or Registered or prepaid post to the
address set out in the Details Schedule. 

15.3. (Subcontracting) We may engage Sub-Contractors to perform all or any of
the Services to be performed under the Services Agreement. We remain liable for
the acts or omissions of our Sub-Contractors. 

15.4. (Assignment) You must not assign, novate or otherwise deal with the
Services Agreement without our prior written consent (not to be unreasonably
withheld). Any change of your ownership or change in your structure or control
will be deemed to be an assignment.

15.5. (Waiver) Subject to any provision in the Services Agreement which
specifies otherwise, a provision of the Services Agreement or a right created
under the Services Agreement may not be waived or varied except in writing,
signed by the parties. 

15.6. (Entire Agreement) The Services Agreement and any other documents
incorporated by reference in the Services Agreement, constitute the entire
agreement of the parties about the Services and supersede all previous
agreements, understandings and negotiations on that subject matter. This clause
15.6 does not exclude a party’s liability for prior false, misleading or
deceptive statements or misrepresentations, whether oral or written. 

15.7. (Precedence) If applicable, any additional terms or arrangements between
us and any customer forming part of the Services Agreement must be agreed in
writing and signed. Any such terms or arrangements will have precedence over
these Terms and Conditions, and if there is an inconsistency between a provision
of these Terms and Conditions and a provision of such terms or arrangements, the
provision of such terms or arrangements will prevail to the extent of the
inconsistency. 

15.8. (Variation) We may revise these Terms and Conditions by giving you thirty
(30) days’ notice of our amendments. If you do not agree with amendment, you may
terminate the Services Agreement (or the relevant Service) without liability by
providing us with no less than 7 days’ written notice of termination within 30
days from receipt of the amendment. You will be deemed to have accepted the
amendment if we do not receive notice of termination within this period.

15.9. (Severability) If the whole of, or any part of, a provision of the
Services Agreement is deemed void, unenforceable or illegal in a jurisdiction it
is severed for that jurisdiction. The remainder of the Services Agreement as the
case may be, has full force and effect and the validity or enforceability of
that provision in any other jurisdiction is not affected. This clause 15.9 has
no effect if the severance alters the basic nature of this agreement or is
contrary to public policy.

15.10. (Jurisdiction) The Services Agreement is governed by the Law in force in
the State of Victoria and each party submits to the non-exclusive jurisdiction
of the relevant courts of and courts of appeal from them.

15.11. (Relationship) In providing the Services, we act as an independent
contractor. Nothing in the Services Agreement will be construed as creating a
partnership, trust or agency between us and you, or as imposing any fiduciary
duties on us in relation to you.



16. Definitions

Additional Charges means the surcharges, charges, fees or rates (additional to
the Service Rates) set out in the document entitled “Additional Charges” which
is generally appended to your Pricing Schedule and which can be found here:
Pricing Schedule. 

Australian Consumer Law means the uniform consumer protection law set out in
Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Australia Post Privacy Policy means the policy published at Privacy - Australia
Post.

Authority to Leave includes any of the following:

a) documented pre-authorisation from you, the Receiver, or the sender (if this
is not you); or 

b) our default delivery option for a Service of which we have given you no less
than 30 days’ prior written notice, where you have not expressly selected
another option offered by us; or

c) our standard delivery process for a Service, where there is no other option
offered by us, and of which we have given you no less than 30 days’ prior
written notice.

Background IPR of a party means materials: 

a) the Intellectual Property Rights in which are owned by that party as at the
date of the Services Agreement; or 

b) which are subsequently created by that party independently of the performance
of the Services.

Bulk Cube Method means the method where multiple items consigned on one day
are consolidated and measured by us collectively to calculate the Cubic Weight.

Business Day means a day that is not a Saturday, a Sunday, a public holiday or a
bank holiday in the place where a service is to be supplied, an act performed,
or a payment is to be made. 

Claim means any allegation, debt, cause of action, liability, claim, proceeding,
suit or demand of any nature howsoever arising and whether present or future,
fixed or unascertained, actual or contingent, whether at Law, in equity, under
statute or otherwise.

CN means a consignment note in a form issued by the Electronic Despatch System
or as otherwise approved by us.

Collection Point is a post office, parcel locker or retail partner location
designated for delivery of Goods to a Receiver. 

Confidential Information means information that is by its nature confidential,
is designated by a government agency as confidential, or a party knows or ought
to know is confidential, but does not include information that:

a) is or becomes public knowledge otherwise than by breach of the Agreement or
any other confidentiality obligation; 

b) is in the possession of a party without restriction in relation to disclosure
before the date of receipt; or 

c) has been independently developed or acquired by the receiving party. 

Consequential Loss means any indirect or consequential loss, including loss of
profits, pure economic loss, loss due to delay, loss of business revenue, loss
of business opportunities, loss of anticipated savings or damage to goodwill or
reputation.

Controlled Returns and Transfer Movements Service means any pre-booked service
offered by us where Goods are consigned by you to be returned from your customer
by us either to you or another destination specified by you. 

Credit Account means the credit account established by you under clause 4.5.

Cubic Factor means the minimum number of kilograms per cubic metre on which
Service Rates will be levied. Unless otherwise set out in this Services
Agreement or agreed by us in writing, an industry standard of 250 kgs/m3 will
apply.

Cubic Weight means the calculated weight determined by us by multiplying
together the height, width and depth of the Goods (in metres), and the Cubic
Factor, rounded up to the nearest whole kilogram. If packed in a tube, the
diameter of the tube will be used as both the width and height of the Goods.

Dangerous Goods means those goods which meet the criteria of one or more of the
nine United Nations hazard classes as prescribed in the current Technical
Instructions of the International Civil Aviation Organisation (ICAO) as
reflected in the Dangerous Goods Regulations of the International Air Transport
Association (IATA).

Dangerous Goods Declaration means a written form of declaration that declares
that consignments contain Dangerous Goods, which complies with the IATA
Dangerous Goods Regulations and all other applicable Laws, and is signed by you
or your authorised agent.

Dead Weight means the weight of the Goods measured by us and if not measured by
us, the weight declared by you in your CN, rounded up to the nearest whole
kilogram.

Delivery means leaving the Goods at the Delivery Address, or as close to that as
we reasonably and practically can, and “Deliver” and “Delivered” have
corresponding meanings. 

Delivery Address means the address on the CN or as we are notified otherwise by
you as the address to which the Goods must be delivered by us to the Receiver.

Details Schedule means the document entitled “Details Schedule” or other
document describing the Services we have agreed to provide to you and other
details, which forms part of or is incorporated into the Services Agreement.

Electronic Despatch System means our electronic despatch system as described in
clause 10.

End Customer means, where you are an Intermediary offering some or all of our
Services to a third party, the third party to whom some or all of our Services
are being provided. 

Excluded Goods in clause 7, means Dangerous Goods and each of the following
items: currency, cash and banknotes; negotiable instruments of any kind; gold,
silver and other precious metals; jewellery; gemstones; wrought or unwrought
metals; antiques; works of art; securities; drugs; weapons; living animals or
plants; human tissue, organs, blood or blood products; Potentially Hazardous
Foods or any other refrigerated or perishable items; glass, china, household
Goods exceeding $500 in value per consignment unless certified professionally
packed as required by us or as otherwise agreed in writing; personal effects;
second hand Goods, used Goods, cigarettes, tobacco and tobacco products; solar
panels, any valuable documents; large sporting Goods including but not limited
to kayaks, surf skis, long boards (malibus), windsurfers or similar equipment
exceeding 3 metres in length; Goods packaged in satchels or envelopes or
despatched on a pre-paid Service (unless otherwise agreed in writing by us).

Expiry Date means the date (if any) as set out in the Details Schedule.

Extra Charges means the charges described in clause 4.11

Force Majeure Event means any cause or event that:

a) is outside the reasonable control of the party claiming that the event has
occurred and

b) prevents that party from performing or delays the performance of its
obligations under this Agreement, and includes:

i) an act of God, lightning strike, meteor strike, earthquake, storm, flood,
landslide, explosion or fire;

ii) strikes or other industrial action, other than strikes or other industrial
action of some or all of a party’s employees; or

iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil
commotion, pandemic or epidemic,

but excludes:

iv) an event the adverse effects of which could have been prevented or mitigated
against by that party by the exercise of reasonable diligence or the taking of
reasonable precautionary measures. 

Fragile Goods means glassware, porcelain, enamel or fibreglass Goods, furniture
of any kind, household or personal effects or any Goods that are fragile or
marked fragile but do not include Semi-Fragile Goods.

Goods means the goods including packaging (both your own packaging or any
StarTrack satchels and cartons) consigned by you under the Services Agreement.

Indemnifiable Loss means Loss incurred by us in connection with any of the
following:

a) an injury to or death of any person;

b) property damage;

c) a third-party Claim against us; and

d) a Claim that we have, or the Customer or End Customer (as applicable) has,
contravened any Laws.

Intellectual Property Rights means all rights conferred under statute, common
law or equity subsisting in and in relation to, inventions, designs, patents,
copyright in all works, trade secrets, Confidential Information, trademarks,
business names, domain names and circuit layout rights.

Intermediary means a customer of StarTrack who is noted as an Intermediary on
the Details Schedule and who facilitates and manages the provision of the
Services to its customers, thereby on-selling the Services to its customers.
Without limitation, this includes brokers, shipping agents, and third party
logistics (3PL) providers. 

Law means any statute, regulation, order, rule, subordinate legislation or other
document enforceable under any statute, regulation, rule or subordinate
legislation.

Lodgement Points means the lodgement points listed in the Details Schedule or as
otherwise agreed in writing.

Loss means any damage, loss, liability, debt, fine, cost and expense (including
legal and other professional advisers’ costs and expenses) suffered by a party. 

Lost in clause 7 means all Goods in the consignment that have not been Delivered
and are unable to be located by us.

Manifest means the record containing details that we may reasonably require
about Goods lodged by you, which may consist of a consolidation of information
contained in individual CNs. 

Maximum Cover has the meaning given in clause 7.

Minimum Spend means the amount specified under this heading in the Details
Schedule.

Oversize Goods means Goods, the dimensions and/or weight of which fall outside
our standard dimensions or weights normally accepted by us for carriage using
the Services, further details of which are set out in the in the Additional
Charges.

Peak Fee is an additional percentage fee applied to the Service Rates for Goods
lodged at Peak Times, as further detailed in the document entitled “Additional
Charges” which is generally appended to your Pricing Schedule and which can be
found here: Pricing Schedule.

Peak Times means the period between 1 November and 31 January (inclusive) each
year and such other periods of high demand across some or all of our or
Australia Post’s network as may be specified from time to time, as further
detailed in the document entitled “Additional Charges” which is generally
appended to your Pricing Schedule and which can be found here: Pricing Schedule.

Permitted Dangerous Goods means those Dangerous Goods that we permit you to
consign with us under clause 9.

POD means proof of delivery as established in accordance with clause 2.7.

Potentially Hazardous Foods means food requiring controls in place to ensure
they remain safe to consume. Examples of foods that are normally considered
Potentially Hazardous could include meat, seafood, dairy products, foods
containing egg and prepared fruits and vegetables.

Pricing Schedule means the schedules headed “Pricing Schedule” which form part
of the Services Agreement, and includes your Service Rates, Additional Charges
and any other specified charges. Where you have a StarTrack quotation or quote
pack, this will be a Pricing Schedule for the purposes of this definition. 

Product Guide means any product guide specific to the Services we notify to you
under clause 2.4 and includes the Prohibited and Restricted Goods Guide.

Prohibited and Restricted Goods Guide means the document which can be found
here: Prohibited and Restricted Goods Guide.

Prohibited Goods means the prohibited goods described in the Prohibited and
Restricted Goods Guide.

Restricted Goods means the restricted goods described in the Prohibited and
Restricted Goods Guide.

Proposal means the document entitled StarTrack Proposal, which includes a
Pricing Schedule, and is issued for the proposed supply of Services by us to a
prospective customer or End Customer. Where a customer or End Customer has a
StarTrack quotation or quote pack, this will be Proposal for the purposes of
this definition. 

Receiver means the person, organisation, business or company (or the intended
recipient of the Goods) who receives the Goods upon Delivery by us.

Related Bodies Corporate has the meaning set out in the Corporations Act 2001
(Cth).

Representative means an employee, agent, officer, director, contractor or
sub-contractor or a Related Body Corporate and any of its employees, agents,
officers, directors, contractors or subcontractors and any other person or
persons providing any or all of the Services.

Semi-Fragile Goods means Goods that are semi-fragile or marked semi-fragile
including computers and electrical equipment but do not include Fragile Goods.

Services means the services you have selected to receive from us and as set out
in the Details Schedule, or as otherwise agreed by us in writing. Such services
may include StarTrack’s Road Express, Premium, Next Flight, Special Services and
Courier Services.

Services Agreement means these Terms and Conditions, Details Schedule, Pricing
Schedules and any Product Guide applicable to the Services.

Service Rates means the fees to be paid by you to us for the Services (excluding
the Additional Charges and Extra Charges), as set out in the Pricing Schedules
or otherwise notified to you in writing.

Sub-Contractor means any person we arrange to perform the Services or any part
thereof and any person who is an employee, agent or sub-contractor of that
Sub-Contractor.

Transit Warranty means the warranty you may purchase from us under which we
warrant that we will be liable for loss or damage to your Goods in certain
circumstances.

Termination Event means:

a) you become Insolvent or cease or threaten to cease business;

b) you fail to make payment under this Agreement, and that failure continues for
14 days after receipt of notice from us of our intention to terminate this
Agreement by reason of such failure;

c) your Credit Account is cancelled, suspended or if you are refused approval to
operate a Credit Account; 

d) the supply or use of a Service is or is to become unlawful; or

e) in our reasonable opinion, the provision of a Service is liable to cause
death or personal injury or damage to property.

We or us or our means Star Track Express Pty Limited ABN 44 001 227 890 and its
Related Bodies Corporate and its officers, employees, agents.

You or your means the customer identified in the Details Schedule and any
person, organisation, business or company who requests the Services from us
under the Services Agreement and who we agree to provide Services to, as set out
in the Details Schedule, or otherwise agreed by us.



Printable Services Agreement Terms and Conditions (PDF 169kB)

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890
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