ABSend Domestic Shipping Insurance Compensation Policy

Terms and Conditions.

This compensation policy includes:

1. Definition
2. Insurance Compensation
3. Claims Procedure
4. Exclusions

1.   Definition

In this Policy:

Compensation Amount means the amount of compensation ABSend will pay for lost or damaged Goods under this Policy.

Compensation Claim means a request for compensation for loss of, or damage to, the Goods which the Policy applies to.

Excluded Goods means any fragile, dangerous or hazardous Goods and live animals, including but not limited to:

• glassware, stoneware, antiques, paintings and jewellery;
• scientific, laboratory or medical machines and instruments;
• flammable solids and liquids;
• radioactive, explosive or corrosive items;
• live animals; and
• any goods which are banned, prohibited or otherwise excluded by Australian law.
  Goods has the same meaning given to that term in the Service Agreement.

GST has the same meaning given to that term in the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (as amended).

Policy means this Domestic Shipping Compensation Policy, including any agreement executed by the parties expressed to be supplemental to this Policy.

Services has the same meaning given to that term in the Service Agreement.

Transit Period has the same meaning given to that term in the Service Agreement.

2.   Insurance Compensation

• 2.1. Upon engagement of ABSend’s Services, ABSend will provide a transit warranty against loss of, or damage to the Goods up to the value of $200 per parcel.
• 2.2. Where the Client requests, and ABSend agrees to provide, compensation for loss of, or damage to, the Goods, ABSend will pay the Client the Compensation Amount for any Goods which is accidentally lost (“Lost Goods”) or physically damaged (“Damaged Goods”) during the Transit Period in accordance with Clause 3.3 and subject to Clauses 4 and 5 below.
• 2.3. Compensation Amount
• 2.3.1. Where the Goods are an item of sale or purchase with a commercial invoice, the table below summaries the Compensation Amount available under the Policy for each service ABSend provides to the Client:

Loss or Damage Detail	Compensation Amount available for Lost or Damaged Goods
Goods are lost or damaged beyond repair	The invoice value of the Lost or Damaged Goods (up to $200), plus the original shipping fee.
Goods are damaged but repairable	The original shipping fee for the Lost or Damaged Goods, plus: the cost of repairing or reinstating the Goods to a condition equal to but no better or more extensive than its condition immediately prior to the loss or damage (up to $200 per parcel), or the market value of the Lost or Damaged Goods (up to $200 per parcel), whichever is lower.

• 2.3.2. Where the Goods are not part of a sales or purchase with a commercial invoice, the table below summaries the Compensation Amount available under the Policy for each service ABSend provides to the Client:

Loss or Damage Detail	Compensation Amount available for Lost or Damaged Goods
Goods are lost or damaged beyond repair	The invoice value of the Lost or Damaged Goods (up to $200), plus the original shipping fee.
Goods are damaged but repairable	The original shipping fee for the Lost or Damaged Goods, plus: the cost of repairing or reinstating the Goods to a condition equal to but no better or more extensive than its condition immediately prior to the loss or damage (up to $200 per parcel), or the market value of the Lost or Damaged Goods (up to $200 per parcel), whichever is lower.

• 2.3.3. The Client acknowledges and agrees that ABSend does not guarantee the delivery timeframe and there will be no compensation for any delay in delivering the Goods.

3.   Claims Procedure

ABSend may refuse to pay or reduce the Compensation Amount unless the Client complies with the claims procedure under this Clause:

• 3.1. Time Limit.
• 3.1.1. A Compensation Claim must be lodged by the Client as the policy holder. ABSend will not accept any claims lodged by third parties including the recipients of the Goods.
• 3.1.2. The Client must:
• bring a Compensation Claim in respect of damaged Goods in writing, within seven (7) days of the date of delivery of the Goods; and/or
• bring a Compensation Claim in respect of lost Goods in writing, within fourteen (14) days of the date of collection of the Goods by ABSend, Subcontractor or Courier.
• 3.2. Required Documents for Claim.
• The Client must provide the following information and documents upon lodgment of the Compensation Claim:
• proof of purchase invoice and/or receipt of purchase (where the Goods are part of a sales or purchase with an invoice); and
• copy of the transit documents, such as a postage receipt, shipping invoice and/or tracking details; and
• photos of the Damaged Goods in the event that the Client is making a claim for Damaged Goods.
• 3.3. Processing Time.
• ABSend will endeavor to investigate and process all claims in a timely manner upon receipt of a request for compensation. ABSend, however, does not guarantee the processing time as the claim needs to be assessed on a case-by-case basis.

4.   Exclusions

• 4.1. Excluded Goods.
• 4.1.1. ABSend will not be liable for any loss or damage of any parcel that contains Excluded Goods, subject to Clause 4.1.2.
• 4.1.2. Notwithstanding Clause 4.1.1, ABSend agrees to provide a transit warranty for certain Excluded Goods, in accordance with Clause 3 of this Policy, if all of the following conditions are fulfilled:
• the Excluded Goods are sufficiently packed by the Client to withstand the ordinary risks of handling, storage and transport, having regard to their nature;
• the Client arranges for ABSend to assess the condition of the packaging before the Transit Period begins;
• upon ABSend’s assessment, ABSend is satisfied with the condition of the packaging; and
• ABSend confirms with the Client that it agrees to provide the transit warranty for the Excluded Goods
• 4.2. Nature of Goods
• ABSend will not be liable for:
• 4.2.1. electrical and/or mechanical failure, unless it is caused by visible external physical damage to the Goods
• 4.2.2. loss or damage caused by ordinary wear and tear;
• 4.2.3. loss or damage caused by the nature of the Goods; and
• 4.2.4. loss or damage caused by mould or mildew due to climatic or atmospheric conditions or extremes in temperature/
• 4.3. Indirect Loss or Damage
• ABSend will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity, loss of deterioration, loss of business, loss of reputation or goodwill, loss of value or use of intellectual property or other proprietary rights even if ABSend had knowledge that such damages or loss might arise or for any other indirect, incidental, special or consequential damages or loss howsoever arising including without limitation our breach of contract, negligence, willful act or omission or default.
• 4.4. Force Majeure, Acts or Omissions
• ABSend will not be liable if ABSend does not fulfil any obligations towards the Client at all as a result of:
• 4.4.1. circumstances beyond ABSend’s control, including but not limited to:
• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• latent defects or inherent vice in the contents of the shipment; and
• criminal acts of third parties such as theft and arson; and
• 4.4.2. the Client’s acts or omissions or those of third parties, including but not limited to:
• the Client being in breach of (or any other party claiming an interest in the shipment causing the Client to breach) its obligations under this Policy; and
• an act or omission of any customs, airline, airport or government official.