On this page, you will find a standard version of the Alibabaexpress Website Terms and Conditions. Please note that different terms and conditions may apply in certain countries. The Terms and Conditions of use of the Alibabaexpress Website are as follows:
The copyright in this publication is owned by Alibabaexpress.
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The material may be used for information and non-commercial purposes only. It may not be modified in any way. Any copy of any portion of the material must include the following copyright notice: Copyright © Alibabaexpress. All Rights Reserved.
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Accuracy of this site These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at Alibabaexpress’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through these web pages may originate outside of Alibabaexpress. Alibabaexpress excludes any obligation or responsibility for this content.
Service basis 3.1 The Services commence when the Goods are delivered to or received by us and terminates on Delivery.
3.2 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:
(a) deposit the Goods at the Delivery Address, which shall be conclusively deemed to be due Delivery of the Goods;
(b) return the Goods to our nearest depot or Australia Post Office and advise you to collect the same;
(c) store the Goods at your sole risk and you agree to indemnify us for all costs and expenses incurred in relation to such storage; or
(d) attempt to re-deliver the Goods to the Receiver or the Sender.
3.3 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), we accept no liability and you will not hold us responsible for any loss, damage or other liability occasioned to any items or any claims by you, the Receiver or any other party having an interest in the Goods, except to the extent that the loss is incurred as a direct result of our fraud or wilful misconduct, and you hereby indemnify us and will keep us indemnified against any claim for loss, damage or other liability occasioned by us as a result of acting in accordance with the provisions of this clause 3.2.
3.4 Insurance is not included in the Charges. You are solely responsible for taking out and keeping current (at your own cost), all insurances in respect of the Goods and the Services as you consider to be reasonable and prudent.
Your acknowledgments and obligations
4.1 You acknowledge and agree:
(a) that all Consignment Notes will be prepared by you; or
(b) you will authorise a third party to prepare Consignment Notes on your behalf; and
(c) you are responsible for the accuracy of the content on the Consignment Notes.
4.2 You acknowledge and agree that we assume no liability for the transport of Excluded Goods.
4.3 You must not sell or provide to third parties any of our pre-paid products and you acknowledge that pre-paid products are non-refundable.
4.4 You acknowledge and agree that all the information and our contract with you and our Charges are confidential and you must not disclose them to any third party without our prior written consent.
4.5 You must not tender for service a satchel or envelope containing Excluded Goods, Dangerous Goods, Semi-Fragile or Fragile Goods.
4.6 You agree that we will determine the Cubic Weight including that of irregular shaped packages but it is your responsibility to ensure the Goods are packed to minimise the Cubic Weight.
4.7 You must list the dimensions and weight of individually packed Goods.
4.8 You will be responsible for ensuring that all Packaging conforms with the requirements of the Receiver. If we incur any expense or liability as a result of the Packaging not conforming with the requirements of the Receiver, you must immediately upon demand by us, reimburse and indemnify us for all expense or liability incurred by us.
4.9 You must ensure that any Goods consigned on a fixed-price service are packed in the StarTrack-supplied satchel or carton corresponding to the selected weight break, or, if we permit you to supply your own packaging, in a satchel or carton that conforms to our specified maximum volumes and/or dimensions (details available on our Box packaging & satchels page).
4.10 You acknowledge that subject to the Implied Terms and to the extent permitted by law, it is your responsibility to ensure that the Services are sufficient and suitable for your purpose.
Your warranties
You warrant that:
5.1 you are the owner or the authorised agent of the person(s) owning or having an interest in the Goods and have full power, capacity and authority to agree to these Conditions with respect to the Goods and to deal with the Goods or any part thereof as contemplated by these Conditions (including to send the Goods to the Receiver); and you accept these Conditions for yourself and as authorised agent for the Receiver and for any person having an interest in the Goods or for whom you are acting;
5.2 all the Goods are or will be accurately described, accurately marked, addressed and appropriately packed having regard to the nature of the Goods and suitable for the Services with ordinary care in handling;
5.3 you will comply with all relevant laws and regulations and any reasonable instructions provided by us relating to the consigning, labelling, packaging, carriage, and delivery of the Goods (including but not limited to the requirements under the IATA Dangerous Goods Regulations, and the Australian Dangerous Goods Code);
5.4 you will fully declare all Dangerous Goods;
5.5 you will comply with all your obligations under the Aviation Transport Security Laws and provide all information and do all acts necessary for us to comply with our obligations under them;
5.6 all applicable customs, import, export and other laws and regulations of all countries to, from, through or over which the Goods may pass have been complied with, including procuring the payment of destination duties and taxes by the Receiver; and
5.7 where you are not the Sender, you must satisfy yourself that the Sender has done everything necessary to ensure that you do not breach any of the warranties under these Conditions.
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Your indemnities
Subject to clauses 10 and 11 and to the maximum extent permitted by law, you will be liable for and will indemnify us against all loss, claims, damages, fines, expenses, demands or liabilities arising directly or indirectly from:
6.1 your breach of any of your obligations, warranties, representations and guarantees set out in these Conditions;
6.2 your breach of any applicable legislation (including but not limited to legislation relating to chain of responsibility and dangerous goods);
6.3 any negligent act or omission by you (or of your officers, employees, agents, contractors or subcontractors);
6.4 the illness, injury or death of any of your officers, employees, agents, contractors or subcontractors in connection with the provision of the Services;
6.5 any claim or demand relating to the Goods or the Services brought by, or liability to, the Receiver, Sender, owner or any other person who has or claims to have or may have an interest in the Goods.
Our rights
7.1 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 additional charges as advised by us.
7.2 We may abandon or release any Goods which are unacceptable for service, which you undervalue for customs purposes or are misdescribed, without any liability to us.
7.3 We and our Sub-Contractors may, either in your name as principal or in our name as your agent, and at your sole cost and expense, enter into and perform contracts to:
(a) use any Sub-Contractors or any aircraft or vehicle or service methods to carry out the whole or any part of the Services;
(b) lease or use any Packaging in which the Goods may be placed or packed;
(c) give any receipt for the Goods or any Packaging;
and any such contracts made for or on your behalf may be made subject to the terms and conditions of any bill of lading, any form or contract of carriage, whether by sea, rail, road or air, any lease arrangement and handover agreement or any receipt or other document, as the case may be.
7.4 We may open, inspect and examine any document, wrapping, package or other container of the Goods to determine their nature, condition, ownership or destination without any liability to you.
7.5 We may sell or dispose any uncollected or undeliverable Goods 60 days after making reasonable efforts to contact you and will not be required to account to you for the sale or disposal of the Goods unless required to do so by legislation.
7.6 We may accept for the purpose of the Services some Dangerous Goods, provided you have first provided to us a Dangerous Goods Declaration. Adherence (and the compliance of your consignments and documentation) to all laws and regulations relating to Dangerous Goods remain entirely your responsibility at all times. You agree to indemnify us for any liability whatsoever arising out of or as a result of your failure to comply with any law or regulations relating to Dangerous Goods.
7.7 If required by law, we may immediately destroy, dispose of, abandon or render harmless Dangerous Goods without first seeking your permission, without compensation to you and without prejudicing our rights to any Charges payable by you for the Services. Upon our request you must instruct us on the proper method of disposal and indemnify us for the costs incurred for disposal of such Dangerous Goods.
Charges
8.1 The Charges shall be considered fully earned as soon as the Goods are loaded and despatched from the Sender’s premises and you must comply with the provisions of clause 8.2 irrespective of whether the Goods have been Delivered to the Receiver or whether Goods which have been Delivered are damaged or otherwise, and in all circumstances the
Charges paid by you to us shall be absolutely non-refundable.
8.2 You must pay:
(a) by the date for payment on the tax invoice or statement, all Charges, and if any Charges are not paid by the date for payment, you must also pay an administration fee of $5.00 for each invoice period that an amount remains due and payable, plus the following late payment charges:
(i) 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 (ii) 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; and
(b) a cheque handling flat fee of $100.00, payable once in a twelve-month period, where you make any payment to us during the year by cheque.
8.3 You:
(a) must pay Charges for delivery determined by the higher of the weight declared, the Dead Weight or Cubic Weight, by reference to our current rates schedule and/or the current special quoted rates offered by us to you, which may include additional charges for other services performed by us as specified in our current rates schedule;
(b) must, if applicable, pay any Transit Warranty Charges based on the declared value of the Goods or the Maximum Cover;
(c) agree that where you have provided information about the weight, volume or value of the Goods that we may use such information to determine the Charges or we may in our absolute discretion and at any time weigh or measure the Goods to determine the Charges whether or not you have provided such information and whether or not there is a discrepancy between the information which you have provided and the physical properties of the Goods that have been despatched to us. For the avoidance of doubt, uncrated machinery will be measured to a minimum height of 2.7 metres;
(d) agree that for items consigned to us on the same day (whether in one or more locations and regardless of the destination of individual consignments), 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 Charges. For example, for despatch of a small number of cartons, we may use the actual measurements of each carton consigned; for a large bulk despatch which includes palletised consignments, 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.
(e) agree, that for the Bulk Cube Method, a formula is used to average the total volume over the whole day’s despatch to individual consignments based on the dead weight of the consignments as specified to us by you or as measured by us. The volume is then multiplied by the cubic factor and rounded up to the nearest kilogram
(f) agree we may charge an additional charge to you for the cost of any charges incurred by us as a result of any delay (where such delay has occurred other than from our default) in excess of 30 minutes in loading or unloading the Goods or in the event that the Receiver is not in attendance at the Delivery Address during normal hours when Delivery is attempted.
8.4 If upon our receipt of Goods for which our Charges have been pre-paid:
(a) we determine that you have understated the Cubic Weight or Dead Weight, you must pay us the difference between the pre-paid amount and the amount that we determine, plus an additional administration fee for the understatement; or
(b) the Cubic Weight is higher than the Dead Weight, then we may charge you the Charges applicable to the Cubic Weight.
8.5 You agree that we are not bound by any instructions by you to collect any Charges from any other party (a “Third Party”), notwithstanding that we may accept the Goods as tendered for the Services. In the event that we agree in our absolute discretion that the Third Party may pay the Charges and the Third Party does not pay the Charges within 7 days from the date of the invoice issued by us to the Third Party, you must pay the Charges as specified in the original invoice issued to the Third Party within 14 days after an invoice has been issued by us to you. We advise that all Charges billed to parties who do not have an account with us will be calculated using our non-account schedule rates. Where the Third Party does not pay and you become liable for the Charges, in no case will the Charges be reduced.
8.6 Manual Handling Surcharge
(a) We may charge a Manual Handling Surcharge that is consigned to us for delivery by our Premium or Express services.
(b) Freight consigned to us on pallets or skids (and for delivery on pallets or skids) will not attract a Manual Handling Surcharge. Where pallets or skids contain Freight that would normally attract a Manual Handling Surcharge, and we are required to deliver those items individually, the Manual Handling Surcharge will apply to each item of Freight on the pallet or skid.
8.7 We may change our Charges at any time and, after 30 days prior notice to you, charge you accordingly. The notice must specify the amount of the change and the date on which the change will take effect. If you continue to use our services after the date that the new Charges apply, you will be deemed to have agreed to those new Charges.
8.8 Unless otherwise agreed, if you do not select a service type, our overnight Charges will apply and the consignment will be treated and charged as a priority consignment in its service category.
8.9 If GST is imposed on any supply made by us to you pursuant to these Conditions, you must pay to us, as part of the Charges, an amount equal to the GST payable by us in connection with that supply (as determined by us in good faith and not in contravention of the law).
8.10 You agree that we may charge you a fee of $10.00 per article (Unmanifested Fee) if, at the time of pick-up, we do not receive evidence of a successful data transmission, using Paperless Despatch, of details of the Goods we have collected.