IMPORTANT NOTICE

When ordering Send My Bags services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that Send My Bags accepts the Shipment unless otherwise agreed in writing by an authorised officer of Send My Bags. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means Send My Bags chooses, including air, road or any other carrier. A "waybill" shall include any label produced by Send My Bags automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance must be arranged by an insurance broker at an additional cost to the shipper directly . (Please see below for further information). "Send My Bags" means any member of the Send My Bags Network.

1. Customs, Exports and Imports

Send My Bags may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who Send My Bags believes in its reasonable opinion to be authorised.

2. Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:-

• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;
• no Customs declaration is made when required by applicable Customs regulations; or
• Send My Bags decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

3. Deliveries & Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or Receiver cannot be reasonably identified or located, Send My Bags shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by Send My Bags without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

4. Inspection

Send My Bags has the right to open and inspect a Shipment without prior notice to Shipper.

5. Shipment Charges & Billing

Send My Bags’ Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Send My Bags to confirm this calculation. Shipper shall pay or reimburse Send My Bags for all Shipment charges, storage charges, duties and taxes owed for services provided by Send My Bags or incurred by Send My Bags on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.

6. Send My Bags’ Liability

Send My Bags contracts with Shipper on the basis that Send My Bags liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Send My Bags attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Send My Bags liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of $US 100 or:

• $US 20.00/kilogram or $US 9.07/lb for Shipments transported by air or other non-road mode of transportation; or
• $US 10.00/kilogram or $US 4.54/lb for Shipments transported by road (not applicable to the US).

Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.

7. Time Limits for Claims

All claims must be submitted in writing to Send My Bags within thirty (30) days from the date that Send My Bags accepted the Shipment, failing which Send My Bags shall have no liability whatsoever.

8. Shipment Insurance *

Send My Bags can not arrange insurance for Shipper. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

9. Delayed Shipments

Send My Bags will make every reasonable effort to deliver the Shipment according to Send My Bags regular delivery schedules, but these are not guaranteed and do not form part of the contract. Send My Bags is not liable for any damages or loss caused by delays.

10. Circumstances beyond Send My Bags control

Send My Bags is not liable for any loss or damage arising out of circumstances beyond Send My Bags control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Send My Bags; riot or civil commotion; any act or omission by a person not employed or contracted by Send My Bags e.g. Shipper, Receiver, third party, Customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings

11. Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention ("Warsaw"), if applicable, governs and in most cases limits

Send My Bags liability for loss or damage.

12. Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold Send My Bags harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:-

• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment was prepared in secure premises by Shipper’s employees;
• Shipper employed reliable staff to prepare the Shipment;
• Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to Send My Bags;
• the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
• all applicable Customs, import, export and other laws and regulations have been complied with; and
• the waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

13. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

14. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Send My Bags, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

15. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.