Amazon Easy Ship (AES) provides shipping and associated services for Seller-Fulfilled Products. These AES Service Terms are part of the Amazon Services Business Solutions Agreement (Agreement), and, unless specifically provided otherwise, concern and apply only to your participation in AES. BY REGISTERING FOR OR USING AES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE AES SERVICE TERMS AND APPLICABLE PROGRAM POLICIES.
Capitalised terms not defined in these AES Service Terms have the meanings given to them in the Agreement.
You expressly agree that Amazon may engage its Affiliate(s) or a third party (each, a Shipping Partner) in order to complete one or more of the shipping and associated services outlined below.
1 Your Products
1.1 Once you are accepted into AES, you agree that AES will be your shipping service for all of your Seller-Fulfilled Products to delivery locations where AES is available, except AES Excluded Products. You may choose to stop using AES at any time. Your use of AES services does not affect your ability to register Your Products in the Fulfilment by Amazon Service.
1.2 You acknowledge and agree that AES Excluded Products and any product that violates applicable Program Policies are not eligible to be shipped using AES.
2 Product and Shipping Information
You will, in accordance with applicable Program Policies, provide accurate and complete information, including Shipping Information, about Units. You will promptly update any information about Units in accordance with applicable Program Policies or as otherwise requested by us via Seller Central so that the information is at all times accurate and complete.
3.1 AES is limited to Consignments that are shipped to and from premises located within Australia, to be delivered to customers in Australia only. We will collect Consignments from your AES Address and ship them to the shipping addresses in Australia included in valid customer orders. We may ship Consignments together with products purchased from other merchants, including any of our Affiliates. You acknowledge and agree that, as reasonably necessary in the course of providing AES services, Consignments may be opened and inspected.
3.2 You will only consign to us Consignments that are fit for carriage and comply with all applicable marking, labelling and other requirements required by Law, and are properly packaged for the purposes of carriage, including for protection against damage and deterioration during shipment. You will not consign to us any Unsuitable Unit, and we may reject any Consignment on reasonable grounds including: (a) that the Consignment contains Unsuitable Units or does not comply with applicable Program Policies; (b) where you are not identified as the consignor in the transport documentation; or (c) to enable us, and our Shipping Partners, to manage business operations. You expressly agree that for all purposes, including as required by Law, that you are the consignor of the Consignment and take all steps that we may reasonably require to give effect to that relationship.
4 Customer Service and Returns
You will be responsible for all customer service issues relating to the Units, and you will accept and process returns of, and provide refunds and adjustments for, any Units in accordance with the Seller Agreement.
5 Returns to You and Disposal
5.1 We may return Consignments to your AES Address if the Consignment could not be delivered to the customer. We will communicate whether a Consignment will be returned to you via Seller Central. If: (a) the AES Address we have for you is outdated or incorrect; or (b) you have not, upon our request, confirmed an AES Address in Australia, then the Consignment(s) will be deemed abandoned and we may elect to dispose of them. We require these rights to enable us, and our Shipping Partners, to manage business operations.
5.2 We may dispose of any Consignment or Unsuitable Unit (and you will be deemed to have consented to our action) immediately if we determine that the Consignment or Unsuitable Unit creates a safety, health, or liability risk to Amazon, our personnel, or any third party. You agree to reimburse us for the reasonable expenses we incur in connection with the return or disposal of any Consignments or Unsuitable Units under this Section 5.
5.3 Where we have the right to dispose of Consignments or Unsuitable Units, we may dispose of such Units as appropriate based on the inventory (for example, by selling, recycling, donating, or destroying it) and retain any proceeds we receive from the disposal. Title to each disposed Unit will transfer to us (or a third party we select such as a charity) at no cost to us as necessary for us to dispose of the Unit, however this will not affect any liability you have or any indemnity you provide to us in respect of such Unit. We will have no liability to you, and you will have no security interest, lien, or other claim in connection with the disposal of these Units.
6 Reimbursement for Lost and Damaged Consignments and Units
In situations where, after the Consignment is collected, the wrong Consignment or Unit is delivered or the Consignment or Unit is damaged or lost or is missing, unless caused by you or any of your employees, agents, or contractors, we will reimburse you in accordance with the Amazon Easy Ship Lost and Damaged Inventory Reimbursement Policy for the relevant Consignment or Unit (and you will, at our request, provide us a valid tax invoice for the amount reimbursed to you where applicable).
7 Compensation for Shipping Services
You will pay us the applicable fees described in the Amazon Easy Ship Fee Schedule. You will be charged the fees with respect to each Consignment once the Consignment is handed over to us or our Shipping Partner for delivery. We rely on you to provide accurate information to us, and if the weight or dimension of a Consignment, as determined by Amazon or the applicable Shipping Partner, differs from that submitted by you to us for purposes of determining the quoted shipping fee, then we may vary the quoted shipping fee in accordance with the Amazon Easy Ship Fees Policy: Weight and Dimensions. If you have repeatedly provided incorrect information relating to the weight or dimension of Consignments and failed to take the corrective actions reasonably advised to you, we may suspend or terminate your use of AES.
In addition to your obligations under Section 6.1 of the General Terms of the Agreement, you release the Amazon Parties from, and agree to indemnify, defend, and hold harmless the Amazon Parties against any Claim that arises from or relates to: (a) the Units (whether or not title has transferred to us), including any personal injury, death, regulatory action or property damage (to the extent the injury, death, regulatory action or property damage is not caused by the Amazon Parties); and (b) your breach of these AES Service Terms, including a breach of the representations and warranties given by you in Section 11 of these AES Service Terms.
IN ADDITION TO THE DISCLAIMER IN SECTION 7 OF THE GENERAL TERMS OF THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. THIS DOES NOT LIMIT ANY RIGHTS THE PARTIES MAY HAVE UNDER THIS AGREEMENT OR AT LAW.
10 Effect of Termination
Your termination rights are set out in Section 3 of the General Terms of the Agreement. Following any termination of the Agreement or these AES Service Terms, we will return to you or dispose of the Consignments held as provided in Section 5. Upon any termination of these AES Service Terms, all rights and obligations of the parties under these AES Service Terms will be extinguished, except Sections 4, 5, 6, 7, 8, 9, 10 and 11, as well as the rights and obligations of the parties with respect to any Consignments received by Amazon as of the date of termination, and any amounts payable to Amazon, will survive the termination.
11 Additional Representation
In addition to your representations and warranties in Section 5 of the General Terms of the Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all necessary rights to distribute and consign the Units and to perform under these AES Service Terms; (b) you will consign all Units to us in new condition (or in such condition otherwise described by you in the applicable Your Product listing) and in a merchantable condition; (c) you have provided all necessary information and/or documents required in connection with the shipment of the Units including packing slips, invoices, government regulatory documents, e-waybills and any other information and/or documents required by Law, and in each case have expressly identified yourself as the consignor; (d) no Unit is or will be produced or manufactured, in whole or in part, by child labour or by convict or forced labour; and (e) you and all of your subcontractors, agents, and suppliers involved in producing, handling or consigning Units will strictly adhere to all applicable Laws of Australia and all other countries where Units are produced, handled or consigned, regarding the operation of their facilities and their business and labour practices, including working conditions, wages, hours, and minimum ages of workers.
“AES Address” means the designated Australian address that you provided to Amazon for the collection of your Consignment via Seller Central.
"AES Excluded Product" means any Unit that is an Excluded Product or is otherwise prohibited by applicable Program Policies including Amazon Easy Ship Restrictions.
"Consignment" means a consignment of Units by you.
"Seller Agreement" means the Selling on Amazon Service Terms including applicable Program Policies.
"Seller-Fulfilled Products" means any of Your Products listed on the Amazon Site that are not fulfilled using the Fulfilment by Amazon Service.
"Shipping Information" means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, the weight and dimension of the relevant Consignment in which the Unit is consigned, and any other shipping-related information we may reasonably request.
"Unit" means a unit of Your Product that you consign in connection with AES.
"Unsuitable Unit" means a Unit: (a) that is defective, damaged, unfit for a particular purpose, or lacking required label(s); (b) the labels for which were not properly registered with Amazon before shipment or do not match the product that was registered; (c) that is an AES Excluded Product; (d) that does not comply with the Agreement; or (e) that Amazon reasonably determines is unsellable or unfulfillable, for example having regard to requirements associated with handling or shipping of the Unit.