1. ACCEPTANCE OF THESE TERMS

1. When the customer book or purchase any of the services provided by our company.

2. SAMEDAY COURIER RESPONSIBILITIES

1. We will work hard to deliver your parcels as per your instructions within the relevant chosen service However, we can not guarantee the delivery of your parcels as per instructed.

2. Delivery of the parcel will take place when:

i. the parcel has been delivered as per sender’s instruction to the indicated address.

a. If signature was required the delivery of the parcel will take place once the signature has been obtained.

or

ii. the parcel has been returned to sender because for any reason Sameday Courier was not able to deliver it to the recipient.

iii. Sameday Courier will obey to sender’s instructions. We will endeavour to contact sender at any time in case we need to deliver parcel as per instructed.

3. YOUR RESPONSIBILITIES TO US

3.1 The sender has to ensure all information given to Sameday Courier is correct, true and complete.

3.2 The sender is not allowed to send parcels to deliver if:

a. The parcel has note been packed in accordance to our packing instructions;

b. The parcel contains cash;

c. The parcel contains valuable items;

d. The parcel contains dangerous goods or prohibited items;

e. The parcel contains anything illegal;

f. The parcel has been packed incorrectly and will cause any injury or will damage 3rd property.

3.3 If sender has given a parcel to Sameday Courier to be sent with any of the items listed above they will agree that Sameday Courier is not liable of any type of damage, loss or any type of compensation.

3.4 The sender is obliged to make sure that the parcel to be couriered by Sameday Courier complies with clauses above.

The acceptance of any parcel by Sameday courier will not release the sender from their obligation of complying with our terms and conditions.

3.5 The sender accepts that Sameday Courier can not determine the contents of the parcel that sender has given Sameday Courier to deliver.

3.6 Sameday Courier has not have the obligation to know the contents of the parcel to be sent.

3.7 The sender guarantees that their personal information that has been disclosed to Sameday Courier has been gathered, disclosed and used within the requirements of the Privacy Act 1993 and the Information Privacy Principles contained in the Privacy Act 1993. Failure to this the sender will indemnify Sameday Courier for any type of loss or damage as a breach of this clause.

3.8 The sender guarantees that their customers’ personal information that has been disclosed to Sameday Courier has been gathered, disclosed and used within the requirements of the Privacy Act 1993 and the Information Privacy Principles contained in the Privacy Act 1993. Failure to this the sender will indemnify Sameday Courier for any type of loss or damage as a breach of this clause.

4. PERISHABLE PARCELS

4.1 Sameday Courier may agree with Sender prior to courier Perishable Items. This parcel must be packed with dry ice (1kg of dry ice to 1kg of perishable item).

4.2 The sender must coordinate with recipient to be at destination to receive their parcel. Failure to this Sameday Courier will not be responsible of any loss or damage.

4.3 The Sender must disclose the contents of the parcel to Sameday Courier prior to be couriered.

5.
DANGEROUS GOODS, VALUABLE AND PROHIBITED ITEMS IN SENDERS PARCEL

5.1 Sameday will not accept by any circumstance items listed on clause 3.2

6.

OUR RIGHT TO EXAMINE PARCELS

6.1 Sameday Courier may take the following actions:

a. open and examine a parcel to be couriered for any reason,

b. Reject to accept a parcel to be couriered for any reason,

c. When necessary re-measure, re-weight, re-value the parcel to be couriered for any reason we believe to be correct.

6.2Sameday Courier has the right to charge the higher rates accordingly to their examination. We may also charge an administration fee if necessary.

6.3 Sameday Courier decision as to re-measuring or valuing the parcel will be ultimate and the sender will agree to this decision.

7. SAMEDAY COURIER HAS THE RIGHT TO REJECT A PARCEL

7.1 Sameday Courier has the right to reject any parcel we believe could cause damage and / or loss to our company, our employees or to a third person, including the recipient.

8. OUR RIGHT TO COMPENSATION FROM SENDER

8.1 The sender agrees to indemnify and / or protects legally and /or monetary Sameday Courier and its employees against any type of liability, claims, loss, cost or damage suffered by Sameday Courier as a result of failure and / or neglection by the sender to comply with any of our clauses 3.1,3.2 and / or 3.3

9. OUR LIABILITY
Limitation of our liability

9.1 Subject to the specific exclusions or limitations of liability in these terms the provision of our services is “at limited carriers risk” as defined in the Act. Our liability to you is limited to a maximum of $1,500 (increases to $2,000 from 17/6/14) for the loss of or damage to an item however the loss or damage arises (including as a result of negligence).

10 PAYMENT FOR SAMEDAY COURIER SERVICES

10.1 The sender will have to pay for the selected services as per our writing agreement, which is discussed prior to any parcel to be couriered.

10.2 The sender has the obligation to pay any goods and services tax related to the selected service.

10.3 Sameday Courier will send the sender an invoice for their provided services. Sameday Courier has the right to choose the “due date” of the invoice. Generally, the invoice will need to be paid:

10.3.1.1 7 days after Invoice date

10.3.1.2 On the 20th of the following month from Invoice date

10.4 Invoices will be sent via email to the email provided by the sender.

10.5 A monthly statement will be sent to the sender with due payments and payments done.

10.6 Failure to pay the invoice on due date, the owing amount will incur on daily interest rate until the owing amount is paid in full.

10.7 Sameday Courier has the right to set an interest rate which is informed on “comments” in each invoice sent to the sender.

10.8 If the sender wishes to dispute an invoice, he will have to do so within 14 days from invoice date. The sender will have to pay the invoice in full as part of the agreement. The sender will need to send to Sameday Courier in writing the reasons as to why they are disputing the invoice. Sameday Courier will have 10 days to resolve the dispute and inform the sender of their final decision. The sender then will have five working days to pay any owing amount of the disputed invoice amount.

10.9 If the sender has not paid or is not able to pay any owing amount past 30 days of due date Sameday Courier will notify to their lawyer to take legal actions against the sender.