FreightSafe Warranty Claims
a) where the Receiver has indicated in writing on the consignment note or has records that they have informed Myfreight that loss or damage has occurred in respect of the Goods, within fourteen (14) days from the date of delivery of the Goods to the Delivery Address;
b) where the Receiver has acknowledged that the Goods have been delivered and received in good order and condition, within forty eight (48) hours from the date of delivery of the Goods to the Delivery Address;
c) in respect of Claims for non-delivery, within fourteen (14) days after the date of dispatch specified for that consignment.
FreightSafe Warranty Limitations
a) Claims are limited to loss of or damage to the Goods on For the avoidance of doubt, the FreightSafe Warranty does not cover any consequential loss or damage suffered by the Customer as a result of loss or damage to the Goods.
b) The maximum amount that may be claimed from Myfreight under the FreightSafe Warranty is the lesser of:
i. the FreightSafe Warranty Limitation Amount (for the avoidance of doubt, where no FreightSafe Warranty has been selected by the Customer the FreightSafe Warranty Limitation Amount shall be zero); and
ii. the cost price of the Goods, as supported by documentary evidence acceptable Myfreight (for example receipt, valuation or tax invoice from the seller of the Goods).
c) GST and freight charges relating to the consignment covered by the FreightSafe Warranty shall not be included in the calculation of any amount payable under the FreightSafe Warranty in respect of the Goods and any payment by Myfreight arising out of any Claim made by the Customer will be exclusive of GST.
FreightSafe Warranty Exclusions
a) Where the Customer has not selected a level of FreightSafe Warranty to apply to the consignment or has not paid the FreightSafe Warranty charge;
b) Where the Customer fails to submit the Claim to Myfreight within the relevant time limits set out above;
c) Where Myfreight is in possession of an unendorsed proof of delivery form for the consignment;
d) Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
i. currency; negotiable instruments; jewellery; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; weapons; living animals or plants; refrigerated/perishable goods; household and personal effects; second hand goods, cigarettes, tobacco and tobacco products; and any valuable documents; glass or glass product.
e) Where Myfreight in its reasonable opinion considers the Packaging of the Goods to be inadequate for rail or road transportation;
f) Where the Goods are determined by Myfreight to have been defective prior to the Carriage;
g) Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of Myfreight , have been caused by the Carriage;
h) Where Myfreight fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of Myfreight ’s own employees or those of others and whether or not Myfreight could have avoided the same by acceding to the demands of the employees responsible for such action), acts of God, war, terrorism, fire, flood, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control Myfreight ;
i) Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
j) Where the Goods have not been packed in the original manufacturer’s packaging or the equivalent;
k) Where the Delivery Address is a post office box, a roadside drop or postal mail box.
Amendments to Terms and Conditions of Contract