PART E - LIMITATION OF AUSTRALIA POST'S LIABILITY
67.1 In this part unless the contrary intention appears:
67.1.1 "carriage" includes carriage by an employee before lodgment and after delivery in a bag that has been sealed by Australia Post or has been locked or held by a community bag holder for lodgment at an office or for delivery to an addressee;
67.1.2 "lost" means unable to be found or located after reasonable inquiries by Australia Post and includes where Australia Post reasonably believes that an article has not been delivered;
67.1.3 "non-negotiable securities" includes passports, wills and certificates of title.
68.1 This part applies where Australia Post and a person have not entered into any other agreement in relation to liability for loss or damage, and except as provided in this part and subject to clause 71, Australia Post is not liable for:
68.1.1 the injury, illness or death of any person;
68.1.2 misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver;
68.1.3 damage to property whether concealed or otherwise, including but not limited to deterioration, contamination or evaporation of any article or thing; or
68.1.4 any other loss or damage of any kind,
however caused and whether direct or consequential, including, but not limited to, negligence or breach of contract by Australia Post, its employees, servants or agents, that arises in whole or in part from, or in connection with, any services provided by Australia Post.
69.1 To the extent permissible by law, Australia Post expressly disclaims all conditions and warranties, express or implied, in respect of the service. Where the law precludes such exclusion and implies certain conditions and warranties into this agreement, the liability of Australia Post for breach of such condition or warranty shall be limited, at the option of Australia Post, to any one or more of the following:
69.1.1 supplying the service again; or
69.1.2 payment of the cost of having the service supplied again, or the actual loss or damage, whichever is the lesser.
69.2 Nothing done in pursuance of this Part whether constituted by a refund of postage or a payment of money or otherwise shall constitute an admission of liability by Australia Post.
69.3 The person releases Australia Post from and indemnifies Australia Post against any action, proceeding, claim, demand or prosecution arising from or in connection with any loss, damage, injury, illness or death to any person or property, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind.
70.1 Australia Post is not liable for loss or damage to an article where the loss or damage wholly or partly resulted from causes beyond the control of Australia Post including but not limited to natural disasters, acts of war or civil unrest.
71.1 No employee, servant or agent has authority to make any representations on behalf of Australia Post concerning the application of this part unless authorised to do so in writing by Australia Post and no liability shall accrue to Australia Post for any loss or damage by reason of any representation so made.
72.1 All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach by Australia Post of any of the terms and conditions applicable to the carriage of the article or the provision of the service.
73.1 Notwithstanding clauses 68 and 69, where an article has been lost or damaged in the course of carriage otherwise than by registered post, Australia Post may in its absolute discretion elect to replace or repair the article or pay to the claimant an amount equal to:
73.1.1 the replacement value of the article;
73.1.2 the cost of repair of the article; or
73.1.3 up to the sum of $A50,
WHICHEVER IS THE LESSER, together with a refund of postage paid on the carriage of the article which shall not include any fees paid in respect of the Extra Cover, registered post or cash-on-delivery services provided however that where the refund of postage relates to postage paid on a prepaid registered post envelope the refund shall be the amount paid for the envelope.
73.2 Australia Post may defer a decision under this clause for such period of time as Australia Post may reasonably require to determine whether the article has been lost or damaged.
73.3 Nothing in this part prevents Australia Post from, in its absolute discretion, providing to the customer a refund of postage on an article whether or not the article has been lost or damaged.
74.1 No amount which is permitted to be paid under this part shall be payable for loss or damage relating to the carriage of articles:
74.1.1 containing bank notes, non-negotiable securities, bullion, negotiable securities, coins, precious or valuable stones, jewellery; or
74.1.2 containing any other substance or thing, the carriage of which is prohibited by or under the law of the Commonwealth, State or Territory or under the Australia Post Terms and Conditions; or
74.1.3 which, in the reasonable opinion of Australia Post, were not or could not be adequately or appropriately packaged for carriage; or
74.1.4 where in the reasonable opinion of Australia Post, the loss or damage arises from inspection or repacking of the article by Customs or Quarantine, as permitted by law; or
74.1.5 where Australia Post upon making reasonable enquiries is unable to determine the extent to which damage was caused or contributed to by Australia Post.
75.1 Where Australia Post exercises its discretion in favour of the customer pursuant to Clause 73 and an article which had been presumed lost is subsequently found, Australia Post may notify the claimant and the claimant may within 30 days of receipt of such notice, obtain delivery of the article upon repayment of any cost incurred by Australia Post or amount paid to the claimant under clause 73.
76.1 A claim must be made on a duly completed form authorised by Australia Post for the purpose and accompanied by such other evidence as Australia Post may reasonably require.
77.1 Where an article is lodged for domestic carriage only the sender may claim for loss of an article and only the addressee may claim for damage to an article provided, however, either party may irrevocably assign in writing, its right to claim to the other.
77.2 Where an article is lodged in Australia for international carriage, only the sender may claim for loss or damage to the article.
77.3 Where an article is lodged outside Australia for international carriage to Australia, discretionary compensation may be claimed only for damage and only by the addressee.