Terms And Conditions

When ordering Trustlink Cargo 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 Trustlink Cargo accepts the Shipment unless otherwise agreed in writing by an authorised officer of Trustlink Cargo. 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 Trustlink Cargo chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by Trustlink Cargo automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.

Customs, Exports and Imports
Trustlink Cargo may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:

Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations;

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

Redirect the Shipment to Receiver’s import broker or other address upon request by any person who Trustlink Cargo believes in its reasonable opinion to be authorised.

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 Trustlink Cargo 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).

Deliveries & Undeliverable Shipments
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper 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, Trustlink Cargo 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 Trustlink Cargo 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.

Inspection
Trustlink Cargo has the right to open and inspect a Shipment without prior notice to Shipper.

Shipment Charges & Billing
Trustlink Cargo Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Trustlink Cargo to confirm this calculation. Shipper shall pay or reimburse Trustlink Cargo for all Shipment charges, storage charges, duties and taxes owed for services provided by Trustlink Cargo or incurred by Trustlink Cargo 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.

Trustlink Cargo Liability
Trustlink Cargo contracts with Shipper on the basis that Trustlink Cargo liability is strictly limited to direct loss only and to the per kilo/lb limits in this Section. 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 Trustlink Cargo attention before or after acceptance of the Shipment.

Trustlink Cargo liability in respect of any one Shipment transported is limited to its actual cash value and shall not exceed the greater of:

$US 100 or $US 20.00/kilogram ($US 9.07/lb) for Shipments transported by air or other non-road mode; or

$US 10.00/kilogram ($US 4.54/lb) for Shipments transported by road.

Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage.

Time Limits for Claims
All claims must be submitted in writing to Trustlink Cargo within thirty (30) days from the date that Trustlink Cargo accepted the Shipment, failing which Trustlink Cargo shall have no liability whatsoever.

Shipment Insurance
Transit insurance is not included in shipping rates, but is available on request and at extra cost. Unless full confirmation in writing is received by the shipper prior to despatch, no shipment will be deemed to be insured for transit.

Delayed Shipments
Trustlink Cargo will make every reasonable effort to deliver the Shipment according to Trustlink Cargo regular delivery schedules, but these are not guaranteed. Trustlink Cargo is not liable for any damages or loss caused by delays.

Circumstances beyond Trustlink Cargo control
Trustlink Cargo is not liable for any loss or damage arising out of circumstances beyond Trustlink Cargo control. These include but are not limited to: “Acts of God” (earthquake, cyclone, storm, flood, fog); “Force Majeure” (war, plane crash or embargo); any defect related to the nature of the Shipment; riot or civil commotion; any act or omission by a person not employed or contracted by Trustlink Cargo (e.g., Shipper, Receiver, Customs); industrial action; and electrical or magnetic damage to electronic recordings.

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, if applicable, governs and in most cases limits Trustlink Cargo liability for loss or damage.

Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Trustlink Cargo 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:

All information provided is complete and accurate;

The Shipment was prepared in secure premises by reliable staff;

Shipper protected the Shipment against unauthorised interference during preparation and transportation to Trustlink Cargo;

The Shipment is properly marked, addressed, and packed;

The waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding obligations.

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

Governing Law
Any dispute shall be subject, for the benefit of Trustlink Cargo, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.