Australia's Terms and Condition of Waybill

Terms and Conditions of Waybill


WHEREAS KEX EXPRESS (AUSTRALIA PTY LTD (hereafter referred as “KEX” is one of the affiliated companies under SF International logistics network and has the right to provide SF International logistics services to customers within the territory of Australia. NOW THEREFORE, when using SF International logistics service, you, as “Shipper”, agree and enter into this Terms and Conditions with KEX on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment.



1.1 "KEX", “us” and “our” refers to KEX EXPRESS (AUSTRALIA) PTY LTD, its subsidiaries, branches, affiliates, agents, and independent contractors, who have accepted your Shipment.

1.2 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999, as amended from time to time

1.3 "Personal Data" means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable.

1.4 "Shipment" means all packages which are tendered to and accepted by us on one Waybill.  

1.5 “T&C” refers to these terms and conditions and are subject to change by KEX from time to time at its own discretion without prior notification. For the avoidance of doubt, any such change shall become effective and binding on the Shipper upon its publication on the official website

1.6 “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 as amended by the Hague Protocol signed on 28th September 1955 and otherwise from time to time

1.7 A “waybill” shall include any Shipment identifier or document produced by KEX or Shipper automated systems such as a label, customs invoice or destination specific documents, barcode or waybill as well as any electronic version thereof.


Data Privacy Policy

KEX is committed to safeguard the Personal Data provided by the Shipper. In relation to the collection, use, processing, retention, disclosure, transfer, security and access of the Personal Data, KEX shall comply with applicable laws and regulations as well as the relevant code of practice issued by KEX. Shipper hereby warrants that he/she has obtained such Personal Data lawfully and has obtained consent from the Receiver to provide such Personal Data to KEX. Please refer to the Data Privacy Policy Statement published on the official website


KEX’s liability

3.1 KEX’s liability in respect of any one Shipment, including but not limited to the liability of loss, damage (whether in full or partially), is strictly limited to direct loss only and to the limits stipulated in this clause 3. All other types of loss or damage are excluded (including but not limited to indirect loss or damage, actual use, business opportunities, loss of earnings, lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to KEX’s attention before or after acceptance of the Shipment.

3.2 KEX’s liability in respect of any one Shipment shall be limited to the stipulation of the following:

3.2.1 If the carriage of a Shipment includes carriage by air and involves an ultimate destination or stop in a country other than the country of departure, without prejudice to clauses 10 and 13, the Warsaw Convention or the Montreal Convention, whichever is compulsorily applicable, will apply. In the case where such Conventions are inapplicable, KEX’s liability is limited to the Declared Value (as defined in Clause 7.1 below) but shall in no event exceed the lesser of USD100 or USD20/kg or USD9.07/lb. If the carriage of a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise; or where Shipments are carried only by road, KEX’s liability shall be subject to the Convention for the International Carriage of Goods by Road approved on 19th May 1956 (“CMR”), or in the case where CMR is inapplicable, KEX’s liability is limited to the Declared Value but shall in no event exceed the lesser of USD100 or USD10/kg or USD4.54/lb (not applicable to the United States). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

3.2.2 Claims are limited to one claim per Shipment, settlement of which shall be full and final for all loss or damage in connection therewith. IF SHIPPER REGARDS THESE LIMITS AS INSUFFICIENT, IT MAY PURCHASE SPP Service (as more particularly specified in Clause 13 below) OR MAKE ITS OWN INSURANCE ARRANGEMENTS.

3.2.3 Unless contrary to applicable laws, all claims concerning shipment damage or shortage (visible or hidden) must be submitted in writing to KEX within 7 calendar days upon shipment delivery, and in case of route interruption, such claims must be submitted in writing to KEX within 30 calendar days from the date KEX accepted the Shipment; otherwise KEX shall no longer assume any liability whatsoever. KEX is not obligated to act on any claims until all Shipment charges have been paid. The Shipment charges shall not be offset against the claim amount. Receipt of the Shipment by the Receiver without written notice of damage on the delivery record is prima facie evidence that the Shipment was delivered in good condition. As a condition for KEX to consider any claim for loss or damage, the Receiver must make the contents, original shipping and packing materials available for inspection by KEX.

3.2.4 All assessment regarding the degree of damage on or the portion missing from the Shipment shall be at the sole and absolute discretion of KEX.


Unacceptable Shipments

Shipper agrees that its Shipment is deemed unacceptable if:

4.1 it is classified as hazardous material, dangerous goods, prohibited or restricted articles by International Air Transport Association, International Civil Aviation Organization, or under European Agreement Concerning the International Carriage of Dangerous Goods by Road (“ADR”) , any applicable government department or other relevant organization;

4.2 customs declaration is not made as required by applicable customs regulations;

4.3 the goods are classified as dangerous goods or KEX believes that it cannot be carried safely or legally, including but not limited to animals and parts thereof, currency, bearer instruments, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, infringing products; or

4.4 Receiver’s address is incorrect, incomplete or not properly marked or Shipment’s packaging is defective or inadequate to be carried safely with ordinary and reasonable care. KEX shall have the absolute right to deal with the Shipment as it sees fit, including destroying any unacceptable Shipment as specified in this clause.


Right to Inspect

KEX may open and inspect the Shipment without notice at any time for safety, security, customs or other regulatory reasons. If the Shipper is entrusted by others to send Shipments, the Shipper is also required to provide identity proof of the actual consignor.  KEX shall not be responsible for any loss or any delay caused to the Shipment due to such inspection.


Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold KEX harmless for any loss or damage in connection with or resulting from the Shipper’s failure to comply with any applicable laws or regulations and for the Shipper’s breach of the following warranties and representations, and KEX shall be entitled to reject the Shipper’s shipping orders in the future, regardless of whether KEX accepts, checks, inspects or rejects the Shipment or not:

6.1 all information provided by the Shipper or its representative(s) is legible, complete and accurate;

6.2 if the Shipper authorizes another person to complete the information on his, her or its behalf, the completed information shall be confirmed by the Shipper in person and the risks arising from the acts of the authorized person shall be taken by the Shipper; 

6.3 the Shipment was prepared securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care and was protected against unauthorized interference during preparation, storage and transportation to KEX;

6.4 if the Shipper authorizes another person to pack the Shipment on his, her or its behalf, the Shipper shall make sure that the Shipment is securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care, that KEX is protected against unauthorized interference during Shipment preparation, storage and transportation, and that the risks arising from the acts of the authorized person shall be taken by the Shipper;

6.5 the Shipment is properly described and correctly labelled;

6.6 the Shipment shall be obliged to comply with all applicable customs, import, export, data protection laws and other laws and regulations of the origin, destination, and transit countries

6.7 Shipper has obtained all necessary consents in relation to Receiver’s Personal Data provided and disclosed to KEX;

6.8 unless otherwise specified, the Shipper shall provide correct customs clearance documents and/or pay duties and provide duty receipts in a timely manner;

6.9 the Shipment shall NOT contain official documents issued by government agencies, wild animals protected by the state, endangered wild animals and their products, any animals and parts thereof, currency, bearer instruments, negotiable instruments, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, counterfeit, fake and infringing articles, articles subject to export control of the origin country in respect of which no export licence or permits have been obtained and/or  articles otherwise prohibited or restricted by laws and regulations; and shall not jeopardize the national security, public security and legal rights of citizens, legal persons and other organizations through delivery channels;

6.10 the waybill has been agreed and confirmed by the Shipper or the Shipper’s authorized representative on his/her/its behalf and on behalf of the Receiver and anyone else with an interest in the Shipment and these T&C constitute binding and enforceable obligations of the Shipper and its representatives;

6.11 regardless of whether KEX accepts or rejects a Shipment, it shall not  constitute a waiver of the Shipper’s Warranties and Indemnity under this clause 6 or KEX’s limitation of liability under clause 3 hereof;

6.12 Shipper shall not jeopardize the national security, public security, or legal rights of any persons, entities or other organizations; and

6.13 all representations and information in relation to the Shipment (including HTS code) and the customs clearance provided by Shipper are true, correct and complete. KEX shall assume no responsibility for the contents of any related documents.


Declared Value

7.1 The Shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Shipment (“Declared Value”). The Declared Value of a Shipment must be evident by an authentic, valid and original commercial invoice or receipt, which KEX shall have the sole and absolute discretion to accept, inspect and verify to its satisfaction or to reject thereof without giving any reason. For any Shipment with Declared Value in excess of the limit of declared value published on the official website, the Shipper agrees that KEX is entitled to impose additional charges in accordance with KEX’s charging standards.

7.2 For the avoidance of doubt, regardless of whether KEX accepts or rejects a Shipment with a Declared Value specified on the waybill, it shall not  constitute a waiver of the Shipper’s Warranties and Indemnity under clause 6 hereof or KEX’s limitation of liability under clause 3 hereof. Save and except Shipment in respect of which SPP Service is purchased, KEX’s entire liabilities (if any) in respect of the Shipment shall be subject to the limits under clause 13 hereof.


Transport and Routing

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


Customs Clearance

9.1 If Shipper appoints KEX as the agent solely for the purpose of clearing and entering the Shipment through customs, KEX may itself complete or authorize a third party or redirect the Shipment to Receiver’s import broker or other address upon request by any person whom KEX believes in its reasonable opinion to be authorized to perform customs clearances and/or entries.

9.2 To the extent that KEX may voluntarily assist Shipper in completing the required customs and other formalities, such assistance will be rendered at Shipper’s sole risk and expense (including paying customs duties, VAT and other fees arising therefrom to local customs authorities on Shipper’s behalf). If any customs authority requires additional documentation for the purpose of confirming the import/export declaration, it is Shipper’s responsibility to provide the required documentation at Shipper’s expense.

9.3 If customs clearance documents, payment of duties, or cargo handling instruction is required by customs authorities but the Shipper or Receiver delays, fails or refuses to fulfill the same, which result in any detention in customs authorities, KEX’s warehouse or any third party’s warehouse, Shipper shall be liable for all risks, costs, loss and damages arising therefrom. Unless otherwise specified by local laws of the country where the Shipment is detained, during the period of 30 calendar days upon the date KEX issued the written notice, Shipper fails to offer any handling solution or proposes a solution that is objectively impractical to execute, Shipper shall be deemed as relinquishing the Shipment and KEX shall have rights to deal with the Shipment as it sees fit, including destroy any Shipment detained or held in customs authorities, KEX’s warehouse or any third party’s warehouse. 

9.4 KEX shall have rights to collect and/or recover from Shipper any fees, charges, duties, taxes, fines, and/or penalties and interest thereon imposed by the government authorities and any other costs or fees arising from and caused by Shipper’s failure of performing the obligations hereunder (including without limitation storage fee, tally fee, inspection fee, destruction fee, cancellation fee, etc.).  

9.5 If Shipper expressly require to authorize a third party by itself to provide the customs clearance service, KEX will only provide the transportation service and any risks or disputes in connection with customs clearance shall be handled by and between Shipper and the said third party.

9.6 Shipper is fully aware and agree that not every customs or government authorities office in each exporting or importing country will issue duty or tax receipts for each Shipment, while KEX will use its reasonable efforts to provide the Shipper with such receipts or information if possible (including but not limited to any of the following forms: a) notice or certificate issued by the local customs or government authorities; b) screenshots of evidence of payment to customs or government authorities transmitted electronically; c) payment voucher or invoice of the duties, taxes or charges issued by or KEX’s local customs clearance agency or logistics suppliers or their system’s screenshots; d) total charges statement of the bulk shipments which involve the Shipper’s Shipment; e) duties, taxes or charges invoice issued by KEX etc.). Shipper shall have no objection to any of the form of evidence aforesaid and shall not  refuse to pay the duty, tax or customs clearance fees. In the event that KEX can only provide the total charges statement of the bulk shipments, Shipper agree that the record of the Shipment’s duties, taxes and charges on the KEX’s system shall prevail.


10 Delay of Shipments

KEX will make reasonable efforts to deliver the Shipment according to KEX’s regular delivery schedules and arrangements. However, these schedules are not binding and do not form part of the contract between KEX and Shipper and/or Receiver. KEX is not liable for any damages or losses whatsoever arising as a result of any delay, whether caused by KEX or otherwise.


11 Deliveries and Undeliverable

11.1 Shipments cannot be delivered to addresses consisting solely of Post Office Boxes (PO boxes) or postal codes or ZIP codes. Shipments will be delivered to the Receiver’s address given by Shipper, but it is not necessary to the named Receiver personally.

11.2 If the Shipment cannot be delivered to a PO box or by postal code, but a shipment receiving point is set as the receiver's address, the Shipment will be delivered to the receiving point.

11.3 Direct Signature  Service (by the Receiver) is an optional value-added services (if available). If Shipper requires a written signature of the Receiver to acknowledge receipt of a Shipment, Direct Signature Service shall be purchased separately.

11.4 For the avoidance of doubt, a signature or a chop obtained at the Receiver’s address, KEX store or other KEX business station, or a shipment collection record generated by KEX’s system for Shipment delivered to delivery locker, shall constitute sufficient proof of delivery of the Shipment. Shipments to addresses with central receiving area will be delivered accordingly.

11.5 If the following events occur, KEX may use reasonable efforts to return the Shipment to the Shipper upon the Shipper’s requirement and at the Shipper’s additional costs if the practical conditions permit: the receiver refuses delivery or to pay for shipment charges or customs duties; or the Shipment is deemed to be unacceptable in accordance with clause 4; or customs believes that the value of the Shipment value has been under-reported; or the receiver cannot be reasonably identified or located. Notwithstanding the forgoing, if the Shipment cannot be returned or is impossible to be returned, it may be released, disposed of or sold by KEX without incurring any liability whatsoever to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance (if any) to be returned to the Shipper.


12 Shipment Charges, Tariff and other charges

12.1 KEX’s Shipment charges are calculated according to the higher of actual or volumetric weight and Shipment may be re-weighted and re-measured by KEX to confirm this calculation. The applicable pricing of volumetric weight, also known as dimensional weight, is on a per-package or per-shipment basis to all shipments in customer packaging. KEX’s packaging may also be subject to dimensional-weight pricing. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from KEX. The calculation of volumetric weight (in kg) is with reference to the industry practice: Length (cm) x Width (cm) x Height (cm) ÷ 5,000 (Dimension weight factor). Please note that the calculation varies with different countries and regional market practices.

12.2 Shipper will always be primarily responsible for all charges regardless of different payment instruction given by Shipper. Shipper shall pay on demand all shipping and/or other charges or tariff (customs duties) not paid when due by the Receiver for Receiver billing or by third party for third party billing.

12.3 Service standards of international shipments shall be subject to local pickup and delivery service standards at the place of the receiver. Value-added service shall be purchased separately if needed, including but not limited to Direct Signature Services as particularized in Clause 11.3 above.


13 Shipment Protection Plus Service

13.1 Shipment Protection Plus Service (“SPP Service”) is an optional value-added service.

13.2 If Shipper purchases the SPP Service, KEX’s liability shall be governed by Terms and Conditions of Shipment Protection Plus Service published on the official website in place of Clause 3 hereof, but other provisions of these Terms and Conditions shall continue to apply.

13.3 For the avoidance of doubt, unless otherwise stipulated in this Clause, all provisions concerning KEX’s liabilities shall be governed by Clause 3 hereof.


14 Circumstances beyond KEX’s Control

KEX is not liable for any loss or damage caused by any events beyond KEX’s reasonable control, including but not limited to acts of public authorities acting with actual or apparent authority; any act or omission by a person not employed or contracted by KEX, e.g. Shipper, Receiver, customs, government officials or third party; the application of security regulations imposed by  government or otherwise applicable to the delivery location; Force Majeure - e.g. riots, strikes, labour disputes, civil unrest, virus or diseases, disruptions or failure of communication and information systems (including, but not limited to KEX’s communication and information systems), disruptions of any kind in air or ground transportation networks, such as weather phenomena, industrial action, electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings, and natural disasters including but not limited to earthquakes, cyclone, storm, flood, fog etc.


15 Right of Lien

Unless otherwise stipulated in applicable laws, in the event that Shipper fails to pay any charges set forth in clause 12 or arisen under clause 9, KEX shall have the right (but not the obligation) to place the goods under general and specific lien until it is deemed relinquished by KEX under Clause 9.3 above, save and except the nature of the shipment cannot be placed under a lien. At the expiration of the lien period, if Shipper has not yet made the full payment, KEX shall have the right (but not the obligation) to sell or otherwise dispose of  the Shipment and take the priority to deduct from the sale proceeds (if any) the dues from the Shipper. For the avoidance of doubt, such right of lien and right of sale shall be cumulative in nature and be without prejudice to KEX’s other rights and remedies to recover any defaulted payments under these Terms and Conditions and/or under the laws.


16 Governing Law and Dispute Resolution

Any dispute arising in connection with these T&C shall be governed by the law of New South Wales, Australia and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.


17 Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.


18 Governing Language

If there are different languages version of this Waybill (including these T&C), the English version shall prevail in the event of any inconsistency.


These T&C and the KEX’s published rates and charges are subject to change without notice and any such change shall become effective upon publication on the official website