Terms & Conditions

The following document outlines the terms of use of the Race Couriers website and services. Before using any of the Race Couriers services, you are required to read, understand, and agree to these terms.

1.OUR SERVICES
These Terms of use apply to the services which are provided by Race Sporting Goods Trading as Race Couriers ABN No: 71890995112 (“Race Couriers”, “our”, “us” or “we”) to a user of the website Race Couriers.com. Race Couriers.com (the “site”) and any orders for services which are made using the site. Any references in these terms and conditions to “you”/”your” refer to a user of the site (including any party who places an order via the site).
If you would like to contact us regarding these Terms, you can by emailing us at info@racecouriers.com

1.1 The Race Couriers services allow you to send items with a choice of the major Australian Courier Companies that we hold accounts with. In these terms of use, we refer to these courier companies as the “Carrier”.

1.2 The carriage of items is undertaken by the Carrier and we do not carry the items ourselves however, your contract for the carriage of items remains between you and Race Couriers. We manage all aspects of the interaction with the Carrier on your behalf (including for example, the placing of the order itself and any service complaints you may have). Should you have any queries or issues about any order you place, you should contact Race Couriers (quoting your reference/tracking number where available) as described in section 13.1 (below).

1.3 When you place an order with us, you can select from a range of different Carriers depending upon the services you require. We will provide our services to you using reasonable skill and care and have selected only reputable Carriers to carry Consignments.

1.4 Please note that our website allows for the automated placing of orders without any human intervention by Race Couriers. In other words, we do not ‘check’ your order before it is placed with the courier companies. It is therefore essential that the order is correctly entered and declared in order for the correct Service and pricing to be displayed. Refer also to Surcharges 6.3.4 (below).

1.5 Our order process contains a check box that must be ticked before an order can be completed to state that you have understood these terms of use. Before placing your order, you should read these terms (and all related information which is linked to as part of the order process, including for example, the relevant FAQ’s section and the list of Prohibited / Restricted Items) to ensure that you understand the terms on which we provide our services.

1.6 “Prohibited Items” (including, but not limited to – hazardous items, pornographic items and tobacco products) must not be sent using our service.

1.7 “Restricted Items” (including, but not limited to – glass items, laptops and mirrored goods) are items which we strongly recommend that you do not send using our service.

1.8 If, notwithstanding sections 1.6 and 1.7, you do decide to use our service to send Prohibited or Restricted Items, you should be aware that Race Couriers does not offer the same level of contractual protection for loss or damage to Prohibited and Restricted Items as for non-Prohibited/Restricted items. Further details are set out below in sections 4.5, 4.6,10 and 11.

2.DEFINITIONS

2.1 Listed below are defined terms which will have the following meanings in these terms of use:

2.1.1 AWB / Airway bill / Airway bill / Barcode label – The documentation placed on the parcel.

2.1.2 Carrier – The third party courier company which carries the Consignment.

2.1.3 Consignment – Each parcel or group of parcels sent using Race Couriers service to each individual address.

2.1.4 Enhanced Transit Warranty – An additional level of Transit Warranty that replaces the included Warranty which is purchased at the time that an order is placed as further described in paragraph 4 (below).

2.1.5 Export Services – A service where the Consignment is collected in Australia and delivered to an address outside of Australia.

2.1.6 Discarded – When a Consignment is abandoned or destroyed.

2.1.7 Guaranteed Collection Service – A service where the collection of a Consignment is guaranteed by a particular time and/or date.

2.1.8 Guaranteed Delivery Service – A service where the delivery of a Consignment is guaranteed by a particular time and/or date once collected.

2.1.9 Guaranteed Service – A Guaranteed Collection Services and/or a Guaranteed Delivery Service.

2.1.10 Import Service – A service where the Consignment is collected outside of Australia and delivered to an address within Australia.

2.1.11 Pre Pay – A pre-payment made to the online web account by a valid Australian credit /debit card keeping the account in credit for future orders.

2.1.12 Prohibited Item – means an item which must not be sent using Race Couriers services, for example because the item is dangerous or hazardous.

2.1.13 Receiver – The person who is receiving the Consignment.

2.1.14 Restricted Item – means an item which is strongly recommended that you do not send using Race Couriers services, for example because the item is fragile, as is further described here Prohibited / Restricted Items.

2.1.15 Transit Warranty – means the financial value which your Consignment is protected up to as further described in paragraph 4 below.

2.1.16 Working Day – In relation to Australia, Monday to Friday from 9am to 5pm excluding public and bank holidays. In relation to a country that is not Australia, or in other countries, the days at times that banks are normally open for business in that country excluding public holidays.

Please note some services deliver outside of working hours – Please see service description for more information.

3.PLACING AN ORDER AND YOUR RIGHT TO CANCEL

3.1 Race Couriers is not obliged to accept orders from you – A contract for the services will only be formed when we accept your order and confirm this to you. Race Couriers reserve the right to refuse and cancel any order and operate sophisticated payment & fraud security checks.

3.2 Race Couriers can only accept orders online from Australian residents who must be the end user and not another third party broker. An Australian registered card or PayPal account must be used to purchase in order to ensure GST is applied correctly and any refunds / credits due can be applied.

3.3 Race Couriers will arrange delivery of the Consignment/s through a third party service with a reputable Carrier as chosen by you at the time of ordering. Should that service not be available once purchased, you will be immediately contacted with a comparable alternative or right to cancel.

3.4 The collection of a Consignment will normally occur on your chosen date which can be booked up to 7 days ahead. Any order can be cancelled by you and a full refund will be given up until the time that the Consignment is collected however, AFTER A CONSIGNMENT HAS BEEN COLLECTED FROM YOU, YOUR ORDER CANNOT BE CANCELLED. This is because we have placed the order on your behalf with the Carrier and will be charged for the collection. By arranging for the Consignment to be collected, you consent to the provision of services to you and accordingly, you will not be able to exercise any legal cancellation right that you may have (also known as a ‘cooling off’ right) from the point when the Consignment is collected from you.

3.5 The order and any cancellation of an order will be confirmed in writing. If this is not received, or if you require duplicate documentation, please contact our office as described in section 13 and the transaction will be confirmed.

3.6 An order can only be put on hold and re-activated up to a period of seven days after ordering. After that point, a refund should be requested and a new order placed, should it be needed.

4.TRANSIT WARRANTY
4.1 Transit Warranty is the financial value which your Consignment is protected up to in relation to loss or damage in transit. PLEASE NOTE THAT THE LEVEL OF TRANSIT WARRANTY SELECTED BY YOU WILL AFFECT THE MAXIMUM VALUE OF A CLAIM THAT YOU CAN MAKE AGAINST Race Couriers. FOR EXAMPLE, IF YOUR CONSIGNMENT IS LOST OR DAMAGED.

4.2 In general, each order includes $100 of Transit Warranty as standard. The exceptions to this are; i) services that are marked with ATL (Authority to Leave) and ii) orders which relate to Prohibited / Restricted Items, where no Transit Warranty is offered.

4.3 You can buy additional Transit Warranty (known as ‘Enhanced Transit Warranty’) for an additional fee which is payable at the time of ordering. This replaces the included cover. Further details are available in our FAQ’s section.

4.4 Enhanced Transit Warranty can be purchased in a range of values until your Transit Warranty reaches a total value of $2000. Transit Warranty can be added in set increments charged at 2% of the declared value and replaces the included cover. In such circumstances (where maximum Transit Warranty has been selected), the maximum value which Race Couriers will pay for loss and damage on production of proof of value, will be $2000. Race Couriers does not advise sending any Consignment valued at over $2000 as no Transit Warranty can be offered over this value. A claim will only be entertained up to the covered maximum.

4.5 Enhanced Transit Warranty is not valid for Prohibited Items and will only cover Loss on Restricted items. This is highlighted prior to the placing of your order and a checkbox must be ticked to state this has been read. Given that our website accepts orders on an automated basis, you may be able to purchase Enhanced Transit Warranty when you place your order for the carriage of Prohibited Items or Restricted Items (depending on the information which is submitted when you place your order). If this is the case, you are entitled to a refund of the amount that you paid for the Enhanced Transit Warranty on a Prohibited Item as the Warranty is not valid. Should a refund request be made for Warranty on a Restricted Item, then the refund will only be possible prior to the goods being collected.

4.6 For further details on the carriage of Restricted Items and Prohibited Items, please see sections 10 and 11 (below). For further information on the level of claims you can make against Race Couriers and Race Couriers limitation on liability, please see section 16.

4.7 A claim can only be started & settled on production of an cost/wholesale invoice.

4.8 Race Couriers reserve the right to collect a damaged item for delivery to our offices for inspection as part of the claims process. The carrier may also arrange an inspection.

4.9 Race Couriers reserve the right to collect an item for delivery to our office should the claim be paid out in full.

5.CHARGES

5.1 All prices quoted on this web site are in AUD $.

5.2 Payment can be made by:
5.2.1 At the time of ordering using a valid Australian credit /debit card.
5.2.2 By using a card that has been previously stored securely by our payment processor through our site for repeat transactions.
5.2.3 By Pre-paid funds that have been credited to your web account by card (known as Pre-pay facility with a minimum of $25 per transaction, maximum of $500 per transaction and a maximum of $500 per card). A current running balance can be accessed through your account 24 hours a day. Pre-pay can only be used to pay for an order in full, not as a part payment. Should you wish to withdraw money from your Pre-pay account other than through placing an order through our site, please contact customer service for a refund. Please note, a minimum withdrawal is $1.00. A refund will only be made to the card that was originally used to Pre-pay the funds. Funds will automatically expire if not used after one year.
5.2.4 By PayPal.

5.3 Payment is taken by our automated system at the end of your order once the service information has been booked with our Carrier. PLEASE NOTE THAT IN ADDITION TO THE CHARGES WHICH ARE QUOTED AT THE TIME OF YOUR ORDER, ADDITIONAL SURCHARGES MAY ALSO BE PAYABLE BY YOU IF, FOR EXAMPLE, THE CONSIGNMENT IS NOT AS DESCRIBED WHEN COLLECTION IS ATTEMPTED OR IF THE CONSIGNMENT IS NOT AVAILABLE FOR COLLECTION AT THE SPECIFIED TIME. FURTHER DETAILS ARE SET OUT IN SECTION 6 BELOW.

5.4 Regular users will be given the option to become an Race Couriers web member. Our members will benefit from an online address book, full order management and promotional offers from time to time.

5.5 We no longer offer standard members discount, but ad hoc special offers. These Terms & Conditions apply. See 5.7

5.6 Any Promotional code that has been issued must be entered at the time of ordering and will NOT be refunded after the order is completed.

5.7 To achieve any special offer price, we may advertise the order must be placed during the special offer period. The online price will be correct at the time of ordering and will not be backdated if booked after the offer has expired.

6.SURCHARGES

6.1 Certain surcharges may be payable by you in addition to the carriage fees which are set out as the cost for the standard delivery of your order. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (if you have consented to this). If we have not obtained your consent to charge surcharges directly to your original payment method, we will contact you directly to arrange payment.

6.2 Any Surcharges represent the additional administrative costs which will be suffered by Race Couriers and charges which Race Couriers may incur from the Carriers and are not penalties imposed by Race Couriers. This information is made available to you prior to placing your order.

6.3 For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.

6.3.1 A surcharge of $10.00+GST will be applied if you are out when the driver tries to collect or if the Consignment is otherwise unavailable for collection.

6.3.2 On some services there will be a surcharge if a re delivery is necessary because the receiver is unable to take delivery when required. Please check the service description prior to sending.

6.3.3 Other surcharges may be applicable if the receiver refuses to take delivery of the goods and they need to be sent back to you.

6.3.4 By entering the weight and dimensions of your Consignment/s, you are pre-paying for the postage. If the Consignment /s are heavier or larger, the additional weight/size will be charged at the applicable rate to the card that the order was placed on together with a surcharge of $10.00 + GST. We refer to this charge as the ‘Admin Charge’.

6.3.5 Saturday delivery may be available should the same day delivery service be selected for interstate and Interstate same day delivery orders. After hours surcharge and remote area delivery surcharge may be applicable to these same day services. These costs will be made available to you after placing your order.

6.3.6 Some areas will be subject to a remote area surcharge. This will be calculated in the quoting system prior to the point of booking. Should a change of delivery request be made once in transit, a Surcharge may be applied depending on the new location.

6.3.7 You are pre paying for the postage charges. Any Customs charges for overseas shipments should be payable by the receiver or may be passed on to the Sender should they arise. Please see the Customs clearance section 12 below which also covers return charges should the customs charges not be paid.

6.3.8 Race Couriers cannot carry pallets unless on the Pallet service if available. Any order that is collected on a pallet that is booked on any of our standard services will be surcharged, alternatively they may be cancelled.

6.3.9 The consignments must be given to the correct Carrier /Driver. Should the goods be given to the wrong Carrier/Driver, we will attempt to have the parcel returned. Should this not be possible, a surcharge may be applied if the service is more expensive than purchased. If you have booked multiple shipments and multiple companies through our site, it is your responsibility to ensure that you are giving the correct shipments to the correct Carrier/Driver.

6.3.10 We may supply Documentation to accompany your shipment. Failure to attach this could result in a Surcharge. See section 7.6.

6.3.11 Pallet & Same Day Services could be subject to a waiting Surcharge if the driver is kept waiting more than 5 minutes, or a failed collection surcharge if there is nothing to collect. A cancellation fee may also apply if the collection is cancelled within 3 hours of the collection being due. This is postcode / order specific and you will be advised on request.

6.3.12 A surcharge will be made should a Cheque need to be re-issued to an alternative name or company than the order was placed in.

7.COLLECTION OF CONSIGNMENTS

7.1 Collection dates and times are not guaranteed unless you have selected a Same Day Service. A Guaranteed Collection Service offers a money back guarantee if collection fails on the date specified due to the carrier’s error or failing. Non-guaranteed collection services do not have this guarantee. Further details are in section 9 below. Please note your right to cancel an order as described in paragraph 3.4 above.

7.2 The automated system books the collection as per the customer’s request. The system will tell you if the time slot is available and if not, you can select an alternative. Please note, we cannot specify a morning collection. Any time slots selected, are only a request and collections may be made any time from 9am up until 5.30pm should this be the driver’s only option. The driver will keep to the requested time slot where possible. If the collection address is located in an area where a local public holiday is observed, this may not be made aware to Race Couriers and therefore, may affect your collection request. Please notify Race Couriers and we will arrange to have this rebooked for the next available working day.

7.3 Our automated ordering system books the collection as requested by the customer. In the rare event that the Carrier fails the collection, please contact Race Couriers immediately where we will re-book for collection the same day if cut off has not passed or the next working day. Please be aware that we are not aware of any issues with collection until we are contacted by the customer or Carrier. Any query relating to an order must be lodged to Race Couriers – not the Carrier directly as this has been booked on the Race Couriers account.

7.4 Race Couriers does not come into direct contact with the Consignment/s but arrange for the collection through one of the major Carriers that we hold an account with. Please ensure the correct parcel is given to the correct collecting agent that you have chosen at the time of ordering, see 6.3.9.

7.5 Import and Export services can be collected from a residential address or business provided the address is attended at the time of collection.

7.6 We supply the minimum required documentation to accompany your shipment. You will be advised of this at the time of ordering. These documents must be securely attached to the shipment. If not, your shipment could be delayed and be subject to an additional premium (see section 6 regarding surcharges). Further instructions will be found in the confirmation email sent after the booking is placed.

7.7 Your Consignment/s must be packed to a professional standard, packed within a double walled cardboard box with the contents cushioned and protected internally with at least five centimetres worth of cushioning materials all around. The packaging must also be sufficient to protect the Consignment’s weight. It is not always obvious when a Consignment has not been packaged properly. The Carriers will assume that Consignments have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from a parcel that is not packaged to a reasonable standard and in line with the above, may be declined. For further details see section 14 below.

7.8 Please note that any item travelling through our services must be able to withstand a short drop. Fragile items should not be sent though our services. Please see our packaging guidelines and Prohibited / Restricted Items in addition and also sections 10 and 11 relating to Prohibited Items and Restricted Items generally.

7.9 Prohibited Items and Restricted Items and Consignments which have not been packaged properly should not be sent using our services. If they are sent using our services, the affected item could be subject to delay, return, impounded by Customs or held for collection by you or the receiver. If the goods are held to be collected, you will be notified that collection of said goods must be arranged by a certain date or the goods may incur storage charges and finally discarded. To clarify, the goods may be discarded if i) Customs remove and destroy the Prohibited item (This only applies to Prohibited items not Restricted) ii) they are damaged to such an extent that it is a Health and Safety risk (such as smashed glass); in which case you would be notified of this at the outset or iii) if they have been held for collection for a fixed time limit and the time limit advised has been exceeded.

7.10 Parcels should not be strapped or attached together. This is not a secure way for parcels to travel in the Carrier network. Any item which is not securely packaged or is strapped to another package will be treated as a Prohibited Item (see section 11 for further information).

7.11 The Carrier / Race Couriers have the right to refuse a Consignment for a reasonable cause such as no packaging, insufficient internal and external packaging or the Consignment does not comply with the information given by you at the time of placing the order – for example is not labelled correctly, contains a Prohibited Item, or is larger or heavier than stated.

7.12 Collections are made on Working days only. Saturday deliveries are available upon request if a same day interstate service is selected, additional charges could apply.

7.13 Please ensure the collection point is available at the collection time requested. A surcharge of $10.00 +GST may be applied if you are out or the Consignment is otherwise unavailable when the Carrier tries to collect. For further information, please see section 6.

7.14 A receipt should be obtained or manifest be signed upon collection of your Consignment. Proof of collection will be required for any issues that you may have with the Consignment or processing of your order.

7.15 Most services require a bar-coded label / AWB to be printed out and attached to the parcel. During the quote & book section it will be stated next to the service description that the service requires a Printer. The bar-coded label / AWB will be displayed at the end of your order and we will email you a copy of the relevant label to be attached. Please ensure these instructions are followed before the courier arrives. If you do not receive the label, please contact Customer Services as described in section 13.
For all other services, the driver will provide a Waybill document that the Collection point will have to complete with the address details.

7.16 It is the customer’s responsibility to ensure that all the details are correctly completed and displayed on the correct Consignment as delivery will be made to the details listed on the Consignment note. It is not the driver’s responsibility to check this information, so please ensure this is checked before he leaves.

7.17 Any consignment that is travelling outside of Australia should be left open for the driver to inspect the contents. This can then be sealed by the collection point once the driver is satisfied.

8.TRACKING AND DELIVERY

8.1 Delivery dates and times are not guaranteed. No service apart from the same day service includes a guarantee. Transit times quoted are issued as a guide only.

8.2 Transit times quoted are calculated from once collection is made and the consignment is in Transit.

8.3 Deliveries are made on Working days only.(local public holidays excluded).

8.4 Please be advised that Race Couriers do not track parcels and as such, it is the responsibility of the customer to track their own parcels and to advise us if there are any problems. Tracking is available through our web site or by contacting our Customer Service department. Tracking is available up to a period of 4 weeks from sending. After that stage the tracking number may be re allocated to a new shipment.

8.5 Your item can be tracked online. In the event that your parcel is automatically returned by the Carrier, you can contact our office prior to the return rectify any issue. Once returned, any return charges that are due must be paid by the person that placed the order. The order will not be refunded and the item will not be re-shipped free of charge. The return completes the agreed contract. Tracking is therefore essential to potentially aid delivery and prevent any return and associated costs.

8.6 In the event our shipping label is not used, and a different tracking number is supplied, you will need to contact our office. Additional charges and service downgrade may apply.

8.7 Race Couriers can only deliver to a full street address. We cannot deliver to a PO Box. Deliveries to Australia post parcel lockers are not available. If a Consignment has to be returned for this reason, no refund will be given and return freight charge will be applicable.

8.8 Deliveries will be made to the address on the Consignment however; this does not apply to large complexes such as hospitals, hotels, universities etc. Deliveries to such locations will be left at reception, despatch, mailrooms etc. The drivers will not deliver to individual departments or block numbers.

8.9 A telephone number for the receiver is required for each Consignment (for example, so that the receiver can be contacted in the event of an address query). Please note, for any overseas addresses, a local number is required. The Carrier will not call an Australian number. Race Couriers will not re-ship or refund any returned item where a telephone number has not been provided and the Carrier has been unable to arrange delivery.

8.10 Collections & Deliveries can be made any time up until 5.30pm on weekdays only (Monday to Friday).

8.11 1-3 delivery attempts will be made for each Consignment depending on the service selected. If unsuccessful, the Consignment may be returned to the sender without further notice.(Return charges apply)

8.12 A customs invoice must be completed for ALL items travelling internationally unless a document only service has been selected. You will be guided online to complete this (if applicable) and a template will be e-mailed to you once the order is placed. An accurate description and reason for Export must be entered on this invoice. If customs locate different items than declared or an incorrect reason for export (such as gift when in fact items have been purchased), surcharges and delays may apply. Items may also be confiscated or the shipment may be returned at additional costs. Three copies of the customs Invoice must be attached to your item.

8.13 Race Couriers services are generally offered “door to door”. This means that we will arrange for a collection from one address and deliver to another address (as addressed on the label) and gain a signature on delivery unless an ATL service has been selected. If the Consignee is not available, goods may be left with a neighbour if they are available and willing to sign or alternatively to a collection point. Please note that a small proportion of residential addresses internationally are classified as a ‘Driver release area’. This is where the area is deemed ‘safe’ and the driver is able to leave the goods out of sight and out of weather conditions. Please check the delivery postcode with our Customer Service team prior to sending.
In addition, we cannot offer door to door service where the delivery is going to be made in certain foreign countries. It is advised to check the zip code/postcode before sending for International addresses in case of exclusions. In some countries, delivery to a Broker will class as delivered.

8.14 Please note, the Proof of delivery is only kept for up to three months after delivery. Hard copy Proof of Delivery will be charged at $10.00 per item + GST.

8.15 Please note, we cannot guarantee to stop/return any item once in transit, although we will try to do so if requested. Charges may apply.

9.REMOTE COLLECTION / DELIVERY

9.1 Consignments collected and/or delivered in certain regional or remote areas across Australia may be subject to a 24-48 hour delay with all Carriers (domestic and international). Please confirm address details prior to sending.

9.2 Shipments to and from remote areas nationally and internationally on all services may be subject to delay and possible service downgrade. Please check the address with us prior to sending for advised transit times.

9.3 Some collections in remote areas where the Priority/Economy service has been selected, may experience further delays as a third party provider will be contracted for the collection. A lodgement at an Australia Post Office or depot may be required. A representative from Race Couriers will contact you if this is the case.

9.4 Deliveries to remote areas may be subject to collection at a local depot or Post Office depending on the carrier selected.

10.RESTRICTED ITEMS

10.1 We strongly recommend that you do not send Restricted Items using our service. This is because such items are fragile, dangerous or otherwise inappropriate to be carried by our services and Network. Should you proceed to send such goods you do so at your own risk.

10.2 The order process contains a check box that must be ticked to state the Prohibited / Restricted items list has been read and understood before an order can be completed. You should check the Prohibited / Restricted items list to ensure that we are able to carry your Consignment before placing your order. If you place an order which relates to a Restricted Item, you will have to have ticked the box to confirm that you understand what the list of Prohibited / Restricted items contains and that you understand that Race Couriers seeks to limit its liability regarding such items.

10.3 Our website accepts orders on an automated basis. We may not be aware that you have requested the carriage of a Restricted Item – even if you have provided the description of the goods. The Carrier will assume that the Consignment does not contain a Restricted Item and will exercise the level of skill and care when carrying such Consignment as is appropriate to a Consignment which does not contain a Restricted Item.

10.4 If a Consignment which contains a Restricted Item is lost, then you will be able to make a claim up to the level of the applicable inclusive Transit Warranty(as described in section 4.2 (above) in relation to that lost Consignment. Please note, proof of value is required for your claim to be considered. If a Consignment which contains a Restricted Item is damaged, you will be unable to make a claim as described in Section 14 as it has been sent at your own risk (and Race Couriers hereby limits its liability accordingly).

10.5 In the event of damage to a Restricted Item, it may be held for collection by the Customer. This may also apply to Prohibited Items where they cannot be sent through the system or damaged to such an extent that onward forwarding is not possible. If this is the case, you will be notified in writing that goods must be collected within 7 days. Following this point they may be discarded. If the goods are so badly damaged that the contents are destroyed or the goods pose a Health & Safety risk then they may be immediately discarded.

10.6 Restricted items may be subject to non-collection, delay, return or confiscation by Customs. In such circumstances, if a Restricted Item is collected by the Carrier and then later returned, no refund of carriage will be given and additional return charges may be applicable.

10.7 If you send a Restricted Item, this may cause damage to other Consignments being carried and you may ultimately be liable for loss to those other Consignments if the senders of those Consignments seek to pursue you.

11.PROHIBITED ITEMS

11.1 PROHIBITED ITEMS MUST NOT BE SENT USING OUR SERVICES. Sending a Prohibited Item using our services is contrary to these terms of use. No Transit Warranty is provided for Prohibited Items. If a Consignment which contains a Prohibited Item is lost or damaged, you will not be able to make a claim for any Transit Warranty or other claim from Race Couriers relating to any loss or damage to such items (and Race Couriers hereby limits its liability accordingly).

11.2 Given that our website accepts orders on an automated basis, we may not be aware that a Consignment contains a Prohibited Item – even if you list an item which is prohibited when you place your order. If we discover that you have sought to send a Prohibited Item we will refuse to carry it. If this is the case, and if the Carrier has collected the Consignment, you will be notified in writing that goods must be collected within 7 days. Following this point they will be discarded. If the goods pose a Health & Safety risk then they may be immediately discarded. No Transit Warranty at all is offered for Prohibited Items and you cannot claim for any loss, delay or damage in relation to Prohibited Items.

11.3 In addition to our prohibition of the carriage of Prohibited Items, hazardous / dangerous goods are strictly prohibited from our services. Failure to declare hazardous / dangerous goods could lead to you being prosecuted where unlimited fines and imprisonment are possible. Please note that the list of Prohibited/Restricted items which relate to our services is not an exhaustive list of what could be considered to be hazardous or dangerous

11.4 Item/s sent within a hazardous box will be classed as such, strictly prohibited. Please do not reuse old hazardous boxes.

11.5 In addition, you should note that if you send a Prohibited Item, this may cause damage to other Consignments being carried and you may ultimately be liable for loss to those other Consignments if the senders of those Consignments seek to pursue you.

12.CUSTOMS CLEARANCE

12.1 By placing an order, you are pre-paying for the outward/inbound transportation charges of your Consignment/s only. Race Couriers has no control over any customs queries, delays or charges that may arise. Customs charges must be paid in addition by the receiver (or Sender if customs agree this to be possible) before delivery is made. Customs will deal directly with the receiver and in some cases, only the receiver. If you do not wish to pay the charges and the Consignment is returned, all return charges will also be passed on. Should a deadline be given before the goods are to be discarded and the deadline passes, no claim can be made for the loss and in addition, abandonment charges may apply. Please note, it is the Customers responsibility to track all orders and request Race Couriers to intervene. If the tracking states the goods are held under Customs query and they are returned or abandoned and we have not been contacted, no refund or claim is eligible.

12.2 Consignments that exceed the value of $5000 may be delayed as they will require further documentation for clearance. In any case, you should be aware that the maximum Enhanced Transit Warranty offered by Race Couriers is $2000 (as described in section 4 above) and therefore you are advised not to send high value goods using the Race Couriers services.

13.CUSTOMER SERVICES QUERIES
13.1 If you need to contact us for any reason, you can do so using the following methods.

13.1.1 For Claims email: info@racecouriers.com
For Customer Services email:info@racecouriers.com

13.1.2 Post: Race Couriers
30 Belmont Av
Clayton VIC 3168

13.1.3 Telephone: 0409565789

13.1.4 Complaints:

We aim to provide outstanding Customer service. If you have a formal complaint about the service you have received, please send your complaint in writing to the postal address above or email info@racecouriers.com Please allow 3 working days for a response to any written correspondence.
Should you still be unhappy with any complaint or claims decision, please contact our Claims department – see 13.1.1 failing that, our Customer Service Manager at the postal address listed in 13.1.2. Please allow 7 working days for a response to any written (postal) correspondence.

14.LOSS / DAMAGE CLAIMS
Any claim must be brought to us within 10 days of receipt in the event of damage, and 28 days in the event of loss.
The Carriers only maintain their records for a limited amount of time (normally up to a maximum of 12 weeks) therefore claims may only be considered within 12 weeks of the date reported. Any details provided or lodged after the 12 week period will not be accepted, voiding your claim. We will contact the relevant Carrier on your behalf to enable them to conduct an investigation. After the 28 day period, the carrier can be approached to investigate but we can only proceed if the carrier’s systems allow.
Claims are assessed by the packaging advice provided in the help and information section of the site; which is available to read prior to booking.
If the outside packaging is intact, then any claim for damage to the consignment will be invalidated as the internal packaging would not have been sufficient to protect the product.

14.1 All enquiries relating to loss or damage to Consignments should be directed through Race Couriers. Please do not contact the Carrier directly about your order. If the Carrier is contacted directly, this may cause delays in the resolution of any issues you may have.

14.2 Please be aware that you should sign for goods as “damaged” if this is the case (and if you are not the Recipient of the goods, you should ask the Recipient to do the same). If goods are signed for as being in good condition, it will be difficult for you to show that the goods were damaged in transit. If you are unable to check when the driver is there, please arrange for goods to be signed for as “unchecked”.

14.3 In order to submit a claim, you will need to have proof that the correct Carrier has taken the Consignment from you. The best form of such proof is the receipt/manifest which is provided to you in your confirmation email. In addition, in the event of a claim, a copy of the cost/wholesale invoice will be required to prove the value of the Consignment.

14.4 The damaged item together with all packaging should be kept until the claim is concluded as more photographs or inspection of the item may be necessary.

14.5 If a claim is made that a Consignment has been damaged, all packaging should be kept for inspection by the Carrier. The item must also be available for inspection in the state it was delivered, at the address it was delivered to. Further journeys could cause further damage, making it difficult to assess the original damage. We will request photographs of the internal and external packaging as well as the damaged item to process the claim.

14.6 If it is confirmed that an item has been damaged in transit, we will (at our discretion) generally pay for the damaged item to be repaired rather than a replacement – depending on the level of damage to the item and subject to the general provisions in Section 14 below. If you make a claim relating to a damaged item, we may also ask for an estimate of repair costs from a specialist who will carry out the repair. If the item cannot be repaired then we would need this in writing from the specialist for a claim relating to the replacement of the item to be considered.

14.7 In the event that a claim is approved and repair/replacement costs are paid, we will also pay the costs of the reasonable evaluation report and the postage costs associated with that repair/replacement (subject to the postage being limited to the type of Carrier service where the item was damaged) – to the maximum amount specified in section 14.3. The Race Couriers claims team will arrange for your item to be carried for repair through the Race Couriers Services when requested.

14.8 A claim relating to a lost item can only be processed once the Carrier has concluded its searches for the item.

14.9 Any amounts payable in relation to a lost or damaged item will only be paid to the party placing the order as further described in 16.4. Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re issue a settlement cheque. See section 6 for further details regarding surcharges.

14.10 Race Couriers will deal with the person who placed the order only.

14.11 If you wish to contest any claim decision, please email our claims department – see section 13 for details.

14.12 Exclusions: Please refer to section 16.6

15.LATE DELIVERY CLAIMS
15.1 Any item that is sent to or collected on a Same Day service will be refunded in full if the guarantee fails as long as we are informed within 14 days. Certain exclusions apply, see below.

15.2 Exclusions:
The money back guarantee for late deliveries is invalidated under any of the following circumstances: Acts of God, such as extreme weather or any naturally occurring event outside of human control. Consequences of war, Delay due to Customs clearance. Insufficient Packaging/ Incorrect labelling, If the Consignment contains a Prohibited / Restricted item. If 14 days after delivery has passed.

16.LIMITATION OF Race Couriers LIABILITY

16.1 Race Couriers liability to you is subject to the exclusions listed in this section. This means that, with certain exceptions, the maximum amount of a claim that you can make against Race Couriers will be limited in value.

16.2 Nothing in this section seeks to limit Race Couriers liability to you for claims relating to death or personal injury caused by Race Couriers negligence or for any other liability which cannot be excluded by law.

16.3 Race Couriers MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT WARRANTY SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED TRANSIT WARRANTY) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Transit Warranty has been selected, then that order will have $100 of Transit Warranty included. If the cost of the postage was $30, then Race Couriers maximum liability to you in relation to that Consignment will be limited to a total of $130 (being the $100 of Transit Warranty plus the $30 cost of postage). In the same example, if Enhanced Transit Warranty was selected up to a value of $500, then Race Couriers maximum liability would be $530 (being the value of the Enhanced Transit Warranty plus the cost of postage). However, Race Couriers general limits on liability are subject to the remaining restrictions described in this section 14.

16.4 Race Couriers liability under these terms of use is limited to the contracting party who placed the order. Should the Sender have placed the order then we do not have a contract with the receiver (and vice versa) and cannot be contractually liable for any losses suffered by other parties than the person that placed the order.

16.5 In any case, to the greatest extent that is permitted by law, Race Couriers hereby limits its liability to the direct losses suffered by you (as stated otherwise in these terms of use). Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.

16.6 Race Couriers accepts no liability for loss or damage to Prohibited Items as these should not be sent using our services. For further information on limitations relating to Prohibited Items, see section 11.

16.7 Race Couriers will only accept liability for damage to Restricted Items where the goods have not been carried using reasonable skill and care. You are reminded that we recommend that you do not send these items using our services and that the Carriers will assume that Consignments do not include Restricted Items. For further information on limitations relating to Restricted Items, see section 10.

16.8 Race Couriers accepts no liability for loss/damage to an item if it has not been correctly packaged and/or labelled unless it can be shown that we have not acted with reasonable skill and care.

17.SEVERABILITY

If any part of these terms of use is found to be unenforceable as a matter of law, the enforceability of any other part of these terms will not be affected.

18.GOVERNING LAW

These terms of use and any contract between us shall be governed by and interpreted in accordance with Australian Law and the Australian Courts shall have jurisdiction over any disputes between us.

STATUTORY RIGHT

These terms of use do not remove any statutory right which you have as a consumer which cannot be excluded.

RIGHTS OF THIRD PARTIES

A party who is not a party to this agreement (such as a receiver) cannot enforce the terms to this agreement,