BY THE CONDITIONS SET OUT BELOW KANGAROO INTERNATIONAL EXPRESS LTD (HEREIN REFERRED TO AS ‘KANGAROO’) AND ITS SERVANTS AND AGENTS ARE FIRSTLY NOT TO BE LIABLE AT ALL FOR CERTAIN LOSSES AND DAMAGE, AND SECONDLY WHEREVER THEY ARE LIABLE, THE AMOUNT OF LIABILITY IS STRICTLY LIMITED TO THE AMOUNT STATED IN CONDITION 5. CUSTOMERS ARE THEREFORE ADVISED TO PURCHASE INSURANCE COVER TO ENSURE THAT THEIR INTERESTS ARE FULLY PROTECTED IN ALL EVENTS.
By tendering material for shipment via KANGAROO, the shipper agrees to the terms and conditions stated herein. No agent or employees of KANGAROO or the shipper may alter or modify these terms and conditions.
1. THE AIRBILL
The KANGAROO airbill is non negotiable and the shipper acknowledges that it has been prepared by the shipper. The shipper warrants that it is the owner of the goods transported hereunder, or that it is the authorised agent of the owner of the goods, and that it hereby accepts KANGAROO’s terms and conditions for itself and as an agent for and on behalf of any person having any interests in the shipment.
2. SHIPPERS OBLIGATIONS AND ACKNOWLEDGEMENTS
The shipper warrants that each article in the shipment is properly described in this airbill and has not been declared by KANGAROO to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care and attention. The shipper warrants that all applicable customs, import, export and other laws and regulations, of all countries, to, from, through or over which the shipment may pass, have been complied with. KANGAROO is authorised (but under no obligation) to complete on the shippers behalf any documents raised to comply with such laws and regulations, and to act as the forwarders shipping agent for customs export and control purposes. The shipper certifies that all information provided by KANGAROO orally, or set forth in this air waybill and any other documents, is accurate and complete. The shipper agrees to indemnify and hold KANGAROO harmless for any claim, liability or expense arising from the shippers failure to comply with any applicable law or regulation. The shipper hereby acknowledges that KANGAROO may abandon and/or release any time consigned by the shipper to KANGAROO which KANGAROO has declared to be unacceptable or which the shipper has undervalued for customs purposes or misdescribed, whether intentionally or otherwise, without incurring liability whatsoever to the shipper and the shipper will save and defend, indemnify and hold KANGAROO harmless from all claims, damages, fines, and expenses arising therefrom.
The shipper shall be solely liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.
The shipper acknowledges that KANGAROO is not a common carrier and that KANGAROO reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage or transportation of any class of goods at its discretion.
CUSTOMS CLEARANCE: The shipper hereby appoints KANGAROO as the shippers agent to conduct customs clearance and entry certifies KANGAROO as the consignee solely for the purpose of designating a customs broker to perform customs entry and clearance.
3. RIGHT OF INSPECTION OF SHIPMENT
KANGAROO has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment. In relation to each shipment KANGAROO reserves the right to correct any under-declaration of weight and to re-invoice the customer accordingly.
4. LIEN ON GOODS SHIPPED
KANGAROO shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of transport and may refuse to surrender possession of the goods until such charges are paid.
5. LIMITATION OF LIABILITY
Without prejudice to clause 7, the liability of KANGAROO for any loss or damage to the shipment (which shall include all documents or parcels consigned to KANGAROO, under airwaybill and shall not mean any one document or envelope included in the shipment) is limited to the lesser of:
a) US $100.00 or
b) The amount of loss or damage to a document sustained, or
c) The actual value of the document, or parcel as determined under section 6 hereof, without regard to its commercial utility or special value to the shipper.
6. ACTUAL VALUE
a) The actual value of the document (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment, whichever is less.
b) The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, re-sale or fair market value at the time and the place of shipment whichever is the less, in no event shall such value exceed the original cost of the article paid by the shipper plus 10%.
7. CONSEQUENTIAL DAMAGES EXCLUDED
KANGAROO shall not be liable in any event for any consequential or special damages or other indirect loss, however arising, whether or not KANGAROO had knowledge that such damages might be incurred, including, but not limited to, loss of income, profits, interest, utility or loss of market.
8. LIABILITIES NOT ASSUMED
a) While KANGAROO will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules. KANGAROO will not under any circumstances, be liable for delay in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, KANGAROO shall not be liable for any loss or damage, mis-delivery or non delivery:
b) due to an act of God, force majeure occurrence or any cause reasonably beyond the control of KANGAROO or
c) caused by
i) The act, default or omission of the shipper, the consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof) or any other person other than KANGAROO, or any customs or government officials, or of any postal service, forwarder or other entity or person to whom a shipment is tendered by KANGAROO for transportation to any location not regularly serviced by KANGAROO, regardless of whether the shipper requested or had knowledge of such third party delivery arrangements.
ii) The nature of the shipment or other defect, characteristic or inherent vice thereof.
iii) Electrical or magnetic injury, erasure, or any other such damage to electronic or photographic images or recordings in any form.
a) Any claims must be brought by the shipper and delivered in writing to the office of KANGAROO’s nearest location at which the shipment was accepted within 30 days of the date of such acceptance. No claim may be made against KANGAROO outside of that time limit.
b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any such transportation charges owed to KANGAROO.
These terms and conditions shall still apply to, and inure to the benefit of KANGAROO and its authorised agents and affiliated companies, and their officers, directors and employees.
11. MATERIALS NOT SUITABLE FOR TRANSPORT
KANGAROO will not carry any IATA restricted articles or any article which by its value or characteristics are considered by KANGAROO as being not acceptable for safety or legal reasons. No parcel or item requiring a customs declaration is acceptable for transport out of the country of origin via KANGAROO. In relation to such an item or parcel, KANGAROO must be clearly selected and utilised by the shipper.
12. WARSAW CONVENTION
If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the convention governs, and in most cases further limits the liability of KANGAROO in respect to loss or damage of such consignment.
13. COLLECT SHIPMENTS
Where KANGAROO has agreed to bill the consignee for the cost of the shipment KANGAROO reserves the right to refuse delivery until all transportation and other charges have been paid. If the consignee refuses to pay, the shipper will be liable for all such charges, including without limitation, costs of returning the shipment if required.
Insurance cover should be arranged by the shipper, prior to lodgement with KANGAROO in order to have the benefit of cover above and beyond the limits of liability referred to in Condition 5.