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Extra Cover Service Terms and Conditions

 

1. Your Acceptance

1.1 Purchasing the Extra Cover Service (“Service”), a special service provided by Sendle is deemed acceptance of these Extra Cover Service Terms and Conditions (“Terms and Conditions”)   

1.2 These Terms and Conditions are supplementary to the standard Sendle Terms and Conditions (“Standard Terms and Conditions”), found here, and to the extent that any aspect of the Service is not expressly included herein, the Standard Terms and Conditions apply.

1.3 Sendle may supplement these Terms and Conditions with additional terms in connection with the Service. Such additional terms may be placed on the Sendle website, found here or otherwise accessible, to form part of these Terms and Conditions.

1.4 Sendle, the Sender and the Sender on behalf of the Claimant acknowledge and agree that:

a) without limiting any requirement under the Standard Terms and Conditions, there is no duty of disclosure in relation to the Service; and

b) these Terms and Conditions are not intended to amount to a contract of insurance, to contain provisions of insurance or to otherwise involve an undertaking of liability by way of insurance.

2. Definitions and Interpretation

2.1 In these Terms and Conditions, the following terms shall have the following meaning:

a) “Claimant” means the person who has the right to claim under the Service in accordance with clause 5.

b) “Damaged” means the contents of the Eligible Parcel has been materially impaired with respect to its value or function during delivery by Sendle or any subsequent authorised carrier of the Eligible Parcel. 

c) “Eligible Parcel” means all parcels that are eligible for cover under the Service, subject to clause 6 and 7. 

d) “Limit”, means the maximum amount of cover an Eligible Parcel is eligible for, which is determined by the fee paid by the Claimant to Sendle for the Service in accordance with clause 8 and in all events shall be no more than $1,500. 

e) "Lost" means the Eligible Parcel was unable to be found or located after an investigation by Sendle. This includes circumstances where Sendle reasonably believes that the Eligible Parcel has been lost in transit: that is, it was lost after it was scanned as picked up, and before it was scanned as delivered, and is declared as Lost by the Sendle Team.

f) “Sender” means the person who sent the parcel for delivery with Sendle or the person on whose behalf the parcel was sent.  

2.2 All words and phrases used in these Terms and Conditions shall have the same meaning if any, given to them in the Standard Terms and Conditions provided, except for where expressly defined, however, where there is any inconsistency, the meaning defined in these Terms and Conditions shall prevail.

2.3 The following rules of interpretation apply in these Terms and Conditions, unless the context requires otherwise:

a) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

b) words importing a gender include any other gender; and

c) The singular includes the plural and conversely.

3. Domestic and International Delivery

3.1 The Service is in addition to any statutory rights of the Claimant implied by law and does not derogate from them, it is only provided for Eligible Parcels registered for domestic and international delivery in accordance with clause 4 below.

3.2 Except for the fixed amount payable by Sendle pursuant to the Service and also subject to any liability that cannot be excluded by law as further covered in clause 11 below, no amount shall be otherwise claimable and payments shall be made in Australian dollars (AUD) as determined by Sendle.

4. Service Provided

4.1 The Service and applicable cover will be provided when:

a) a Claimant submits a claim for the Service as instructed by Sendle;

b) the claim relates to Eligible Parcels only;

c) Sendle accepts the claim made under the Service; and

d) The applicable fees for the Service have been paid by the customer in accordance with clause 8.

4.2 Sendle agrees that under the Service if an Eligible Parcel referred to in clause 3 is Lost or Damaged in transit during delivery by Sendle, Sendle will, subject to these Terms and Conditions, compensate the Claimant in an amount equal to the lesser of the following:

a) the Claimant’s direct loss; or

b) the amount of the Limit in respect of that Eligible Parcel.

4.3 The Sender warrants that the value of the Eligible Parcel described at the time of submitting a claim under the Service in accordance with clause 4.1 was a true representation of the lesser of the following:

a) the replacement value of the Eligible Parcel (including GST); or

b) the market value of the Eligible Parcel (including GST).

5. Making a Claim 

5.1 A claim must be made on the appropriate form provided by Sendle and must contain the following:

a) evidence of entitlement to claim;

b) details of the contents of the Eligible Parcel;

c) evidence of the value of the Eligible Parcel;

d) Photo proof of the Eligible parcel and damaged packaging (including label) for Damage claims; and

e) bank account details of the Claimant. 

5.2 A claim with respect to an Eligible Parcel that has been Damaged must contain the following:

a) evidence that the Eligible Parcel (and its contents) was adequately wrapped and packaged; and 

b) evidence that the Eligible Parcel was Damaged during delivery. 

5.3 A claim must be made within ten (10) days from the time Sendle’s support team notifies the Claimant via email that they are eligible for cover.

5.4 A Claimant will not be eligible to claim if the Eligible Parcel is also covered by a third-party cover provider and a claim has already been filed with the third-party cover provider.

5.5 A claim must be made by a Sendle customer in good standing and relating to a delivery order from their account.

5.6 Upon receipt of a valid claim, Sendle will compensate the Claimant the amount required to be compensated pursuant to clause 4.

6. Exceptions to the Service

6.1 Sendle shall not be liable for any amount exceeding the Claimant’s purchased Limit in respect to the replacement, reconstruction and/or market value of the Eligible Parcel.

6.2 Sendle shall not be liable for any amount claimed under the Service:

a) where, in the reasonable opinion of Sendle, the parcel is Lost or Damaged directly or indirectly due to the failure of the Sender to adequately wrap, package, label or mark the parcel;

b) If the parcel is Lost or Damaged due to force majeure including but not limited to acts of God, any        natural disaster, acts of war, terrorism, pandemic, sabotage, revolution or governmental acts and orders or restrictions; or

c) which is consequential or special damage or other indirect loss howsoever arising, including but not limited to, loss of profits, interest, income, utility or loss of market opportunities.

6.3 To the extent permitted by law and notwithstanding anything contained in this part, where a Claimant eligible for cover under the Service is also entitled to recover in respect of their loss under a policy of insurance or otherwise, other than from Sendle, the amount payable by Sendle under the Service shall be reduced by the amount of any recovery provided to the Claimant under any policy of insurance or otherwise.

7. Parcels Not Eligible For The Service

7.1 No compensation (of any kind) will be provided under the Service relating to the delivery of parcels that contain prohibited or dangerous goods, including:

a) containing cash, bank notes, bullion or other negotiable instruments;

b) containing hazardous, dangerous, prohibited or illegal goods;

c) containing perishables (e.g fresh fruit and vegetables, meat or frozen goods) and flowers or plants;

d) containing irreplaceable items such as legal documents, academic records, passports, fine art, jewellery, gems, trinkets or personal ornaments like rings, necklaces, or other items containing jewels or precious metals 

e) containing any other substance or thing which is prohibited by or under the laws of the          Commonwealth or any State or Territory; and

f) which have been Damaged and it cannot be determined that the damage was caused or contributed to by Sendle through reasonable enquiry conducted by Sendle. 

g) which cannot be sent with Sendle pursuant to the Standard Terms and Conditions.

7.2 Only parcels delivered with Signature on Delivery are eligible for the Service. Parcels delivered as Authority to Leave are not eligible.

8. Fees and Rates

8.1 The fee for the Service is to be calculated by multiplying the rates (as determined by Sendle) by the applicable Limit for Eligible Parcels. Sendle may, from time to time and in its absolute discretion, determine different rates for different Limits.

8.2 The fee is inclusive of any applicable GST.

9. Retaining Eligible Parcels

9.1 Where an Eligible Parcel has been Lost and a payment has been made by Sendle under the Service in respect of that loss and the Eligible Parcel is subsequently found by Sendle, Sendle may notify the Claimant and that Claimant shall be entitled to receive the recovered Eligible Parcel, once full repayment of the compensated amount provided by Sendle under the Service is made within thirty (30) days of notice.

9.2 Where an amount paid by Sendle under the Service in respect of a Damaged Eligible Parcel is greater than or equal to the lesser of the replacement or market value of the Eligible Parcel (or its contents), Sendle may retain possession of that Eligible Parcel (or its contents) and in that event such property becomes the property of Sendle.

10. Indemnity

10.1 To the extent permitted by law, you agree to defend, indemnify and hold harmless Sendle, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any fraudulent, dishonest or unlawful use and/or receipt of the Service by you; and (ii) your violation of any term of these Terms and Conditions.

11. Limitation of liability

11.1 Certain legislation, including the Australian Consumer Law (“ACL”) gives you certain rights and prohibits the exclusion or limitation of certain statutory implied warranties. Nothing in these Terms and Conditions is intended to impugn or limit those rights and only to the extent permitted by that law, including the ACL, does Sendle expressly disclaim all conditions and warranties, express or implied, in relation to the provision of the Service, or any other matter or thing relating to these Terms and Conditions. Where the law precludes such exclusion and implies certain conditions and warranties, the liability of Sendle for breach of such condition or warranty shall be limited, if legally permissible, to:

a) supplying the service (including the Service) again; or

b) payment of the cost of having the service (including the Service) supplied again, or the direct loss or damage whichever is the lesser.

11.2 Nothing done in pursuance of these Terms and Conditions, whether constituted by a payment of money or otherwise, shall constitute an admission of liability by Sendle.

12. GST

12.1 All payments made by Sendle under the Service, whether represented by the acquisition of goods, services, other supplies or otherwise, shall be deemed to be GST inclusive.

13. Conditions of Delivery

13.1 These Terms and Conditions shall not constitute or imply any agreement between Sendle and the Claimant (or any undertaking or obligation whatsoever on the part of Sendle) with respect of the delivery of any parcel. The Standard Terms and Conditions and other written instructions published by Sendle from time to time shall apply to the delivery of parcels except to the extent that they are inconsistent with these Terms and Conditions.

14. Law

14.1 These Terms and Conditions and the transactions contemplated by these Terms and Conditions are governed by the law in force, in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms and Conditions.

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