Australian Owned
1.1 Sending a shipment with a GT-EX account and accepting the offer of GT-EX Cover (collectively the “Service”), is deemed acceptance of these GT-EX Cover Terms and Conditions (“Terms and Conditions”)
1.2 These Terms and Conditions are supplementary to the GT-EX Standard Conditions of Carriage (“Conditions of Carriage”) available at https://www.gt-ex.com/standard-conditions-of-carriage/, and to the extent that any aspect of the Service is not expressly included herein, the Conditions of Carriage apply. In the event of any variance between the Terms and Conditions and the Conditions of Carriage, the Conditions of Carriage prevail.
1.3 GT-EX may supplement these Terms and Conditions with additional terms in connection with the Service. Such additional terms may be placed on the GT-EX website (https://www.gt-ex.com/) or otherwise accessible, to form part of these Terms and Conditions.
1.4 GT-EX, the Sender and the Sender on behalf of the Claimant acknowledge and agree that:
a) without limiting any requirement under the 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.
2.1 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 Shipment has been materially impaired with respect to its value or function in transit during delivery by GT-EX or any subsequent authorised carrier of the eligible shipment.
c) “Eligible Shipment” means all shipments that are eligible for cover under the Service, subject to clause 6 (Exceptions to the Service) and 7 (shipments not eligible for the Service).
d)“Limit”, means the maximum amount of cover an Eligible Shipment is eligible for. The amount is determined by the fee paid by the Claimant to GT-EX (in accordance with clause 8).
e) “Lost” means the Eligible Shipment was unable to be found or located after an investigation by GT-EX. This includes circumstances where GT-EX reasonably believes that the eligible Shipment has been lost in transit and has been declared as lost by the GT-EX team.
f) “Sender” means the person who sent the shipment for delivery with GT-EX or the person on whose behalf the shipment was sent.
g) “Transit” means the period after the Eligible Shipment was scanned as collected by GT-EX or their agents, and before it was scanned as delivered by same.
2.2 All words and phrases used in these Terms and Conditions shall have the same meaning, if any, given to them in the Conditions of Carriage provided, except where expressly defined in the Terms and Conditions.
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.
3.1 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 Shipments registered for delivery in accordance with clause 4 below.
3.2 Except for the fixed amount payable by GT-EX 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 GT-EX.
4.1 The Service and applicable cover will be provided when:
a) a Claimant submits a claim for the Service as instructed by GT-EX;
b) the claim relates to Eligible Shipments only;
c) GT-EX 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 GT-EX agrees that under the Service if an Eligible Shipment referred to in clause 3 is Lost or Damaged in transit during delivery by GT-EX, GT-EX will, subject to the exclusions and limitations in 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 applicable Limit in respect of that Eligible Shipment.
4.3 The Sender warrants that the value of the Eligible Shipment 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 Shipment (including GST); or
b) the market value of the Eligible Shipment (including GST).
5.1 A claim must be made by the Sender on the appropriate form provided by GT-EX and must contain the following:
a) evidence of entitlement to claim;
b) details of the contents of the Eligible Shipment;
c) evidence of the value of the Eligible Shipment; and
d) bank account details of the Claimant.
5.2 A claim with respect to an Eligible Shipment that has been Damaged must contain the following:
a) evidence (via photo) that the Eligible Shipment (and its contents) was adequately wrapped and packaged; and
b) evidence (via photos) that the Eligible Shipment was Damaged in Transit during delivery. The Damaged contents, label and packaging of the Eligible Shipment must all be contained in the photo. For clarity, the Damaged contents, label and packaging of the Eligible Shipment should not be contained in separate photos.
5.3 A claim must be made within ten (10) business days from the time GT-EX’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 Shipment 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 GT-EX customer in good standing and relating to a delivery order from their account.
5.6 Upon receipt of a valid claim, GT-EX will compensate the Claimant the amount required to be compensated pursuant to clause 4.
6.1 GT-EX shall not be liable for any amount exceeding the Claimant’s purchased Limit or loss (whichever amount is applicable as per clause 4.2) in respect to the replacement, reconstruction and/or market value of the Eligible Shipment.
6.2 GT-EX shall not be liable for any amount claimed under the Service:
a) where, in the reasonable opinion of GT-EX, the shipment is Lost or Damaged directly or indirectly due to the failure of the Sender to adequately wrap, package, label or mark the shipment;
b) if a shipment is Damaged and it cannot be determined that the damage was caused or contributed to by GT-EX through reasonable enquiry conducted by GT-EX;
c) if the shipment 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
d) 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 GT-EX, the amount payable by GT-EX under the Service shall be reduced by the amount of any recovery provided to the Claimant under any policy of insurance or otherwise.
7.1 No compensation (of any kind) will be provided under the Service relating to the delivery of shipments 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 batteries, except where permitted at Transporting batteries (https://www.gt-ex.com/transporting-batteries/)
d) containing perishables (e.g fresh fruit and vegetables, meat or frozen goods) or flowers or plants;
e) 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;
f) containing any other substance or thing which is prohibited by or under the laws of the Commonwealth or any State or Territory; or
g) which cannot be sent with GT-EX pursuant to the Conditions of Carriage
7.2 No compensation (of any kind) will be provided under the Service relating to the delivery of shipments that are sent at Owner’s Risk.
7.2 shipments delivered with a return label are not eligible for the Service.
8.1 The fee for the Service and the Limit of cover provided is calculated and displayed at the time of accepting the Service. It is:
a) subject to change from shipment to shipment without notice;
b) fixed for a particular Eligible Shipment at the time of accepting the Service;
c) additional to the Sender’s fee to send a delivery with GT-EX;
d) exclusive of any applicable GST or fuel/security levies
9.1 Where an Eligible Shipment has been Lost and a payment has been made by GT-EX under the Service in respect of that loss and the Eligible Shipment is subsequently found by GT-EX, GT-EX may notify the Claimant and that Claimant shall be entitled to receive the recovered Eligible Shipment, once full repayment of the compensated amount provided by GT-EX under the Service is made within thirty (30) days of notice.
9.2 Where an amount paid by GT-EX under the Service in respect of a Damaged Eligible Shipment is greater than or equal to the lesser of the replacement or market value of the Eligible Shipment (or its contents), GT-EX may retain possession of that Eligible Shipment (or its contents) and in that event such property becomes the property of GT-EX.
10.1 To the extent permitted by law, you agree to defend, indemnify and hold harmless GT-EX, 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.
11.1 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 GT-EX 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 GT-EX 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 GT-EX.
12.1 All payments made by GT-EX under the Service, whether represented by the acquisition of goods, services, other supplies or otherwise, shall be deemed to be GST inclusive.
13.1 These Terms and Conditions shall not constitute or imply any agreement between GT-EX and the Claimant (or any undertaking or obligation whatsoever on the part of GT-EX) with respect of the delivery of any shipment. The Standard Terms and Conditions and other written instructions published by GT-EX from time to time shall apply to the delivery of shipments except to the extent that they are inconsistent with these Terms and Conditions.
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.
Last Updated: 20/09/2023
Copyright 2023 GT-EX Global Transport Express
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