Terms And Conditions

When ordering Swift Trust Movers services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment that the Terms and Conditions shall apply from the time that Swift Trust Movers accepts the Shipment unless otherwise agreed in writing by an authorised officer of Swift Trust Movers. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Swift Trust Movers chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by Swift Trust Movers automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.

Customs, Exports and Imports Swift Trust Movers may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:

• Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations;

   

• Act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry; and

   

• Redirect the Shipment to Receiver’s import broker or other address upon request by any person who Swift Trust Movers believes in its reasonable opinion to be authorised.

Unacceptable Shipments Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;

   

• No Customs declaration is made when required by applicable Customs regulations;

   

• Or Swift Trust Movers decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

   

Deliveries & Undeliverable Shipments Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or Receiver cannot be reasonably identified or located, Swift Trust Movers shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by Swift Trust Movers without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

Inspection Swift Trust Movers has the right to open and inspect a Shipment without prior notice to Shipper.

Shipment Charges & Billing Swift Trust Movers Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Swift Trust Movers to confirm this calculation. Shipper shall pay or reimburse Swift Trust Movers for all Shipment charges, storage charges, duties and taxes owed for services provided by Swift Trust Movers or incurred by Swift Trust Movers on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport.

Swift Trust Movers Liability Swift Trust Movers contracts with Shipper on the basis that Swift Trust Movers liability is strictly limited to direct loss only and to the per kilo/lb limits in this Section. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Swift Trust Movers attention before or after acceptance of the Shipment.

Swift Trust Movers liability in respect of any one Shipment transported is limited to its actual cash value and shall not exceed the greater of:

• $US 100 or $US 20.00/kilogram ($US 9.07/lb) for Shipments transported by air or other non-road mode; or

   

• $US 10.00/kilogram ($US 4.54/lb) for Shipments transported by road.

   

Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage.

Time Limits for Claims All claims must be submitted in writing to Swift Trust Movers within thirty (30) days from the date that Swift Trust Movers accepted the Shipment, failing which Swift Trust Movers shall have no liability whatsoever.

Shipment Insurance Transit insurance is not included in shipping rates, but is available on request and at extra cost. Unless full confirmation in writing is received by the shipper prior to despatch, no shipment will be deemed to be insured for transit.

Delayed Shipments Swift Trust Movers will make every reasonable effort to deliver the Shipment according to Swift Trust Movers regular delivery schedules, but these are not guaranteed. Swift Trust Movers is not liable for any damages or loss caused by delays.

Circumstances beyond Swift Trust Movers Control Swift Trust Movers is not liable for any loss or damage arising out of circumstances beyond Swift Trust Movers control. These include but are not limited to: “Acts of God” (earthquake, cyclone, storm, flood, fog); “Force Majeure” (war, plane crash or embargo); any defect related to the nature of the Shipment; riot or civil commotion; any act or omission by a person not employed or contracted by Swift Trust Movers (e.g., Shipper, Receiver, Customs); industrial action; and electrical or magnetic damage to electronic recordings.

Warsaw Convention If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Swift Trust Movers liability for loss or damage.

Shipper’s Warranties and Indemnity Shipper shall indemnify and hold Swift Trust Movers harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties:

• All information provided is complete and accurate;

   

• The Shipment was prepared in secure premises by reliable staff;

   

• Shipper protected the Shipment against unauthorised interference during preparation and transportation to Swift Trust Movers;

   

• The Shipment is properly marked, addressed, and packed;

   

• The waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding obligations.

   

Routing Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Governing Law Any dispute shall be subject, for the benefit of Swift Trust Movers, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.