Parcel King
Parcelking.cs@storageking.com.au
PARCEL KING EXCLUSIVE CLUB Terms and Conditions
Effective Date: October 01, 2024
IMPORTANT NOTICE
STORAGE KING PTY LIMITED TRADING AS PARCEL KING DOES NOT PROVIDE FREIGHT OR TRANSPORTATION SERVICES. PARCEL KING PROVIDES A BROKERAGE SERVICE WHEREBY IT ARRANGES THE TRANSPORTATION OF THE CUSTOMER'S GOODS VIA A THIRD PARTY FREIGHT CARRIER. THE CUSTOMER'S RIGHTS IN RELATION TO THE PROVISION OF THE FREIGHT OR TRANSPORTATION SERVICES IS SUBJECT TO THE THIRD PARTY FREIGHT CARRIER'S TERMS AND CONDITIONS. THE CUSTOMER SHOULD READ THE FREIGHT CARRIER'S TERMS AND CONDITIONS CAREFULLY.
1. Introduction
These Terms and Conditions ("Terms") regulate the provision of Services by Parcel King to the Customer. By using the Services, the Customer consents to be bound by these Terms.
2. Definitions
Booking: Requesting the Services in accordance with these Terms.
Parcel King: Storage King Pty Ltd (ACN 079 872 281) trading as Parcel King, acting as an intermediary between the Customer and Freight Carriers.
Customer: The Storage King customer requesting Services.
Freight Carrier: The transportation provider responsible for the movement of Goods.
Goods: The items or commodities to be transported as specified by the Customer.
Services: Freight brokerage services, being the arrangement of transportation by Parcel King on behalf of the Customer.
Website: Parcel King's website located at www.parcelking.com.au
3. Scope of Services
3.1. Parcel King agrees to arrange the transportation of the Customer's Goods via a Freight Carrier, serving as an intermediary and not as a carrier.
3.2. Parcel King does not provide freight or transportation services. It provides a brokerage service which allows the Customer to make a Booking via the Website for the transportation of the Goods by the Freight Carrier.
3.3. When the Customer makes a Booking, Parcel King acts as an agent of the Freight Carrier to accept the Booking and payment. Each Booking a Customer makes forms a binding contract between the Customer and the Freight Carrier in relation to the freight and transportation services to be provided by the Freight Carrier in respect of the Goods, and is subject to the terms and conditions imposed by the Freight Carrier.
3.4. Except as set out in these Terms, the Customer's legal rights and remedies in connection with the provision of the freight and transportation of the Goods are against the Freight Carrier, not Parcel King.
4. Parcel King’s Liability
4.1. Limited Liability: Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, Parcel King excludes from these Terms all conditions, warranties, and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, Parcel King (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way in connection with the Services, including, without limitation, the following: (a) direct damage or loss, except to the extent directly caused by Parcel King's breach of these Terms or Parcel King's negligence; and (b) any indirect or consequential loss or damage, which arises out of or in connection with the supply of the Services or the transportation of the Goods by the Freight Carrier.
4.2. Selection of Carrier: It is the Customer's sole responsibility to select a Freight Carrier from the options provided by Parcel King. Parcel King provides no guarantee in relation to a Freight Carrier's performance of the freight and transportation services to be provided by the Freight Carrier in respect of the Goods.
4.3. Loss or Damage: Subject to any Non-Excludable Guarantees, Parcel King is not liable for any loss, damage, or delay of Goods during transit.
4.4. Insurance: Parcel King does not provide insurance for Goods; Customers must arrange their own coverage. Subject to any Non-Excludable Guarantees, Parcel King has no responsibility for and disclaims all liability in relation to that insurance, including in relation to any claims made by the Customer under it.
5. Freight Carrier’s Liability
Freight Carrier’s Responsibility: The Freight Carrier is responsible for transporting the Goods from origin to destination in accordance with the Booking. In addition to these Terms, the Freight Carrier may impose (and the Customer must comply with) their own terms and conditions in relation to the transportation of the Goods. The Customer should carefully read any applicable terms and conditions of the Freight Carrier prior to completing the Booking. The Customer must accept and agree to the Freight Carrier's terms and conditions prior to completing the Booking.
6. Customer Responsibilities
6.1. Accurate Information: Customers must supply accurate and complete details about the Goods, including weight, dimensions, value, and nature of the items.
6.2. Packing and Labelling: Customers must ensure Goods are properly packed, labelled, and prepared for transport per industry standards and regulations.
6.3. Compliance with Laws: Customers must obey all laws, regulations, and requirements relevant to the transport of Goods, including (without limitation) those pertaining to hazardous materials.
6.4. Payment: Customers agree to cover all charges associated with the Services, including transportation costs, fees, and any extra charges incurred.
6.5. Claims for Loss or Damage: Customers must notify Parcel King of any loss or damage in respect of the Goods by a Freight Carrier within 2 days after the Goods are declared lost or damaged by the Freight Carrier. All claims by a Customer relating to any loss or damage in respect of the Goods by a Freight Carrier must be raised by the Customer with the Freight Carrier directly and are governed exclusively by the Freight Carrier's terms and conditions as agreed to by the Customer.
6.6. Insurance Coverage: Customers are responsible for obtaining their own independent insurance coverage if needed.
7. Dispute Resolution
In case of disputes arising from these Terms, both parties shall initially attempt resolution through good faith negotiations. If unresolved, the matter shall proceed to mediation before litigation. Any mediation shall take place in accordance with the Resolution Institute Mediation Rules 2016. The mediation shall take place in Sydney, Australia.
8. Payment Terms
8.1. Billing: By completing the Booking, the Customer accepts all fees and charges payable to Parcel King and accepts the Freight Carrier's offer to transport the Goods for the price set out in the Booking, subject to these Terms and any terms and conditions of the Freight Carrier. Parcel King will invoice the Customer for all Services rendered on a weekly basis. Payment must be made within 7 days upon receiving the invoice, unless otherwise agreed in writing. Payments received from the Customer will be held on trust for the Freight Carrier and paid to the Freight Carrier once the Freight Carrier confirms the Booking.
8.2. Disputed Charges: Customers must inform Parcel King of any disputed charges within 14 days post-invoice date. Parcel King will use its best endeavours to pursue any disputed charges relating to the freight and transportation of the Goods with the Freight Carrier. Charges must be fully paid as invoiced while the dispute process with the Freight Carrier is in progress. If a claim for disputed charges is successful with the Freight Carrier, a refund will be applied to the account. Subject to any Non-Excludable Guarantees, Parcel King will only provide a refund to the Customer in circumstances where Parcel King receives a refund from the Freight Carrier.
9. Indemnification
The Customer indemnifies and holds Parcel King harmless against any claims, liabilities, damages, and expenses related to the supply of the Services and transportation of Goods, provided that such claims, liabilities, damages, and expenses are not caused or contributed to by a breach of these Terms by Parcel King, or the negligence of Parcel King.
10. Confidentiality
10.1. Both Parcel King and the Customer shall maintain the confidentiality of all information shared in connection with the supply of the Services, except where required by law (including, without limitation, any rules of any stock exchange), necessary to perform the Services, or as provided in these Terms..
10.2. Parcel King will respect applicable data protection and privacy laws regarding personal data handling and processing. The Customer consents to the collection, use, and disclosure of personal data as described in Storage King’s Privacy Policy Storage King | Privacy Policy.
10.3. The Customer consents to Parcel King disclosing the Customer's personal data to the Freight Carriers for the purpose of transporting the Goods and accepts that such information will be handled in accordance with the Freight Carrier's own privacy policy.
11. Force Majeure
Parcel King is not responsible for any failure to meet obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, wars, strikes, labour disputes, and governmental actions.
12. Termination
12.1. Termination by Customer: Customers may terminate the Services anytime via written notice to Parcel King (parcelking.cs@storageking.com.au). Customers remain liable for all charges up to and including the termination date.
12.2. Termination by Parcel King: Parcel King may terminate Services at any time through written notice to Customer(s).
13. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Each of the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
14. Not a Common Carrier
Parcel King is not a common carrier and is not responsible as one. Parcel King reserves the right to refuse to provide the Services to any Customer, either before or after the Service has started.
15. Entire Agreement
These Terms represent the entire agreement between Parcel King and the Customer regarding the supply of the Services, superseding all prior agreements, understandings, and representations.
For queries or additional information regarding these Terms, contact Parcel King at parcelking.cs@storageking.com.au.
By utilising our Services, the Customer acknowledges reading, understanding, and agreeing to these Terms.
Parcel King
parcelking.cs@storageking.com.au