Fillable Presort Letters Application Form - Australia Post (Page 2 of 2) in pdf

PreSort Letters Terms & Conditions

otherwise, by or on behalf of Australia Post in relation to the provision

Introduction

of the service, or any other matter or thing relating to this agreement.

1.1

These special service terms and conditions are supplementary to the

Australia Post terms and conditions* and to the extent that any aspect

8.2

To the extent permissible by law, Australia Post expressly disclaims all

of this special service is not expressly included herein, the Australia

conditions and warranties, express or implied, in respect of the service

Post terms and conditions apply.

and the carriage of letters pursuant to this agreement. Where the law

1.2

These special service terms and conditions apply when:

precludes such exclusion and implies certain conditions and warranties

1.2.1

a customer makes a written application to use the special

into this agreement, the liability of Australia Post for breach of such

service in or on a form prescribed by Australia Post for that

condition or warranty shall be limited, at the option of Australia Post, to

purpose;

any one or more of the following:

1.2.2

Australia Post accepts that application; and

8.2.1

supplying the service again; or

1.2.3

the customer pays the fee, charge, premium, rate or price

8.2.2

payment of the cost of having the service supplied again.

charged by Australia Post for the special service.

8.3

The customer shall liaise and indemnify Australia Post against any loss

Interpretation

or damage whatsoever which Australia Post may suffer as a result of

2.1

Except as where expressly defined, all words and phrases used in this

any action, proceeding, claim, demand or prosecution arising from the

agreement shall have the same meaning if any, given to them in the

provision of the service, or any other matter or thing arising as a result

Australian Postal Corporation Act 1989 and in the Australia Post Terms

of this agreement, including loss or damage arising from the negligent

and Conditions provided, however, that where there is any

acts or omissions of Australia Post, pursuant to this agreement.

inconsistency, the meaning shall be as defined in this agreement to the

Force Majeure

extent of that inconsistency.

9.1

Australia Post shall not be in default under the terms of this agreement

2.2

In these terms and conditions unless the contrary intention appears:

nor liable for failure to observe or perform in accordance with any

2.2.1

where a word or phrase is given a particular meaning, other

provision of this agreement for any reason or cause which could not

parts of speech and grammatical forms of that word or phrase

have a corresponding meaning;

with reasonable diligence be controlled or prevented by it, including

2.2.2

words importing a gender include any other gender; and

without limitation, war, insurrection, riot, civil commotion, strikes, lock-

2.2.3

words in the singular number include the plural and words in the

outs, labour or industrial disputes, acts of God, acts of Governments or

plural number include the singular.

flood, storm, tempest, power shortages or power failure, inability to

obtain sufficient labour, raw materials, fuel or utilities. During the period

2.3

“agreement” means an agreement between Australia Post and a

customer pursuant to clause 1.2.

of an incident or incidents of “Force Majeure” this agreement shall be

suspended and delivery will recommence after the incident or incidents

2.4

“Customer” means a person who from time to time is approved by

of “Force Majeure” end.

Australia Post as a customer of the service and any permitted

transferee in respect thereof;

Merger

2.5

“Insolvency Event” means for any corporation, the liquidation,

10.1 All the rights, immunities and limitations of liability in this Agreement

administration, official management, compromise, arrangement,

shall continue to have their full force and effect in all circumstances

amalgamation, reconstruction, winding up or dissolution or analogous

notwithstanding any breach of contract or of any conditions hereof by

occurrence of that corporation, and for a natural person means an

Australia Post.

assignment for the benefit of creditors, an arrangement or composition

with creditors, bankruptcy, incapacity to deal with one’s affairs,

Termination

gaoling, death or analogous occurrence;

11.1 Australia Post may, in its sole and absolute discretion, terminate this

2.6

“Letters” means large, medium and small letters as defined in the

agreement and/or any approval granted to a customer to use the

PreSort Service Guide 8833700;

service, effective immediately, on written notice to the customer where:

2.7

“Mailing Conditions” means the conditions set out in the PreSort

11.1.1 the customer breaches or otherwise acts in a manner contrary

Service Guide 8833700 or equivalent publication published by Australia

to the Act, Regulations, Australia Post Terms and Conditions,

Post from time to time;

Mailing Conditions or other written instructions published by

2.8

“Service” means the PreSort Letter Service which is a special service

Australia Post;

available to customers who lodge 300 or more letters in accordance

11.1.2 the customer fails, refuses, neglects or otherwise omits to

with the mailing conditions and providing the customer with reduced

properly discharge and perform any of its obligations under this

postage rates.

agreement;

Rates and Charges

11.1.3 the customer fails, refuses, neglects or otherwise omits to

remedy any breach of this agreement as and when required to

3.1

The customer shall pay to Australia Post the postal charges for the

do so by Australia Post; or

provision of the service as determined by Australia Post.

11.1.4 an insolvency event occurs in relation to the customer.

3.2

The charges referred to in clause 3.1 shall be payable in cash at the

time of lodgment of the letters or, where the customer has entered into

11.2 Australia Post may, without cause, in its sole and absolute discretion,

an agreement with Australia Post for a charge account, charged to

terminate this agreement and/or any approval granted to a customer

that charge account.

to use the service on fourteen days written notice to the customer.

3.3

Notwithstanding any termination of this agreement, a person shall

Variation

remain liable to pay to Australia Post any charges, fees or postage due

12.1 These terms and conditions may be varied or added to from time to

for articles carried pursuant to these terms and conditions.

time by Australia Post by notice in writing to the customer.

Customers Warranty

Notice

4.1

The customer warrants and agrees that:

4.1.1

it has obtained the approval of Australia Post to use the service

13.1 Any notice required to be served by or under these terms and

at the approved lodgment point/s; and

conditions shall be sufficiently given to the customer if left at or sent by

4.1.2

all letters comply with the requirements set out in the Mailing

post addressed to the customer at its last known or usual place of

Conditions current as at the date of lodgment of such letters.

address and to Australia Post if sent by post to the appropriate State

4.2

The customer shall indemnify Australia Post against any loss or

Administration at its current address.

damage arising from a breach of any of the warranties in clause 4.1.

Conditions of Carriage

Discretionary Carriage and Lodgment

14.1 This agreement shall not constitute or imply any agreement between

5.1

Australia Post may, in its sole and absolute discretion:

Australia Post and the customer (or any undertaking or obligation

5.1.1

refuse to carry; or

whatsoever on the part of Australia Post) with respect of the carriage

5.1.2

charge the customer postage at ordinary post rates in respect

of any postal article. The Australian Postal Corporation Act 1989, the

of letters lodged contrary to clause 4.1.

Regulations and the Australia Post Terms and Conditions and other

5.2

Australia Post may, in its sole and absolute discretion, direct a

written instructions published by Australia Post from time to time shall

customer to lodge letters at any Australia Post lodgment facility.

apply to the carriage of articles issued pursuant to the service except

No Other Service

to the extent that they are inconsistent with this agreement.

6.1

The service cannot be used in conjunction with any other Australia Post

Law

services except as otherwise provided under a separate written

15.1 This agreement is governed by, and shall be construed in accordance

agreement between a customer and Australia Post.

with the laws in force in the State of Victoria and the courts and

Assignment

registries of courts in that State shall have jurisdiction in the event of a

7.1

This agreement shall not be transferred without the prior written

dispute.

consent of Australia Post. Any purported transfer without such consent

Whole agreement

shall be void and of no effect.

16.1 Subject to clause 1.1 this agreement contains the whole of the

7.2

Where the customer, being a partnership, is reconstituted by the

agreement between the parties in relation the special service and any

retirement or addition of partners, the reconstituted partnership is

representation or warranty made by either party prior to entering into

deemed to be the customer.

this Agreement shall have no force or effect unless otherwise stated

Limitation of Liability Release and Indemnity

herein.

8.1

Subject to clause 8.2 and the Australia Post Terms and Conditions,

Australia Post shall not be liable to any person (whether in contract,

* The Australia Post Terms and Conditions are available for perusal at

tort or otherwise) for any loss or damage suffered, or that may be

suffered, as a result of any act or omission, whether negligent or

Australia Post retail outlets and on the internet at .au

8835117 (back p2) • Apr 2014

Presort Letters Application Form - Australia Post Page 2

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