Additional Charges means the surcharges, charges, fees or rates (additional to the Service Rates) set out in the document entitled “Additional Charges” or as otherwise notified to you.
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.
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.
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 agreed by us in writing, an industry standard of 250 kgs/m3 will apply.
Cubic Weight means the weight determined by us by multiplying the height, width and depth of the Goods (in metres) by the Cubic Factor, rounded up to the nearest whole kilogram, and 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 Good 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 manifest, 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 11.
End Customer in clause 3 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.
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,
a) an act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
b) strikes or other industrial action, other than strikes or other industrial action of some or all of a party’s employees; or
c) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion pandemic or epidemic,
d) 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 accepted from and consigned by you with any Packaging supplied by you under the Services Agreement.
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, debt, 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.
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.
Permitted Dangerous Goods means those Dangerous Goods that we permit you to consign with us under clause 10.
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 both your customised rates and StarTrack’s Additional Charges and Standard Rates. 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.
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 sub-contractors 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 other applicable 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 Parcels 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.