Freight Warranty

Application

These Warranty Terms and Conditions (WTCs) apply when a Customer requests and pays for the Warranty offered by Freightonline Australia Pty Ltd ACN 131 492 576 trading as Couriers & Freight (the Company). They supplement the Company’s Standard Terms and Conditions of Trade (www.couriersandfreight.com.au/terms-and-conditions) or, for international services, its Freight Forwarding Terms and Conditions (www.couriersandfreight.com.au/freight-forwarding-terms) (together, the Trading Terms), which are incorporated into these WTCs. If there is any inconsistency in relation to a Warranty claim, these WTCs prevail.

1. Definitions
   1. Words defined in the Trading Terms have the same meaning in these WTCs. In addition:
      1. Claim Payment means the amount the Customer must bear for each claim for Loss or Damage arising from a separate incident, being 10% of the amount of the accepted claim, subject to a minimum of A$250 and a maximum of A$1,000 per claim. It applies to both Standard Offer Warranty and Premium Offer Warranty.
      2. Declared Value means the value of the Goods declared by the Customer when selecting the Warranty, as shown in the booking confirmation.
      3. Depreciation means a reduction in value of 20% per year from the date of original purchase.
      4. Loss or Damage means actual physical loss of, or damage to, the Goods covered by the Warranty, and excludes any Consequential Loss or other loss of any kind.
      5. Warranty means the warranty given by the Company under these WTCs, being either the Standard Offer Warranty or the Premium Offer Warranty, as selected by the Customer.
      6. Warranty Confirmation means the Warranty particulars shown in the booking confirmation, including the Warranty type, Declared Value and Warranty Limit.
      7. Warranty Limit means the maximum amount the Company will pay under the Warranty for a Consignment, as selected by the Customer at booking, between A$1 and A$100,000 (not exceeding the Declared Value).
      8. Warranty Payment means the amount the Customer pays for the Warranty, based on the Warranty type and Warranty Limit selected, as set out in the Company’s rate schedule at the time of booking.
2. When the Warranty applies
   1. The Warranty applies to a Consignment only if the Customer selected it before collection, the Warranty Payment has been paid, and the Warranty is shown in the Warranty Confirmation. The Warranty cannot be added after collection.
3. Warranty is not insurance
   1. The Warranty is a contractual promise by the Company to pay for Loss or Damage in accordance with these WTCs, even where the Company would otherwise have less or no liability under the Trading Terms or at law. It is not a contract of insurance, and the Customer should arrange its own insurance.
4. Warranty
   1. In return for the Warranty Payment, and subject to these WTCs, the Company will pay the Customer for Loss or Damage to the Goods that occurs while the Services are being performed, including while the Goods are in the custody of a Carrier or subcontractor.
5. Amount payable
   1. For an accepted claim, the Company will pay the lesser of:
      1. the reasonable cost of repairing the Goods; and
      2. the cost of replacing the Goods with like goods, not exceeding the price the Customer originally paid for them, less any reasonable salvage value,
      in each case less the Claim Payment and up to the Warranty Limit.
   2. If there is no market for like goods, the replacement cost is the original price the Customer paid for the Goods, less Depreciation.
   3. If the Customer does not reasonably salvage the Goods, the Company may deduct an amount reflecting the market value of the damaged Goods.
   4. The Company will pay an accepted claim within 30 days of accepting it. The Company may deduct from any payment any amount the Customer owes the Company that is overdue.
6. Goods excluded from Standard Offer Warranty
   1. The following are not covered by the Standard Offer Warranty:
      1. fragile items, including items marked fragile or treated as fragile by the Company or the Carrier;
      2. cash, currency and negotiable instruments;
      3. jewellery, gemstones, precious and rare metals, and collectables;
      4. flat-pack furniture;
      5. antiques and artwork;
      6. electronic goods, including computers, servers, storage devices, mobile phones and battery-operated or plug-in items;
      7. drugs, weapons, explosives, radioactive material and bulk Dangerous Goods;
      8. live animals or plants, and refrigerated or perishable goods;
      9. household items, personal effects and second-hand goods;
      10. cigarettes and tobacco products;
      11. valuable documents, printed material and packaging;
      12. glass, glass products, enamel products and man-made stone;
      13. items the Carrier must handle manually;
      14. items of 30 kg or more, or over 2 metres in length, width or height, that are not on a skid or pallet;
      15. pallets, crates, boxes, bags and other packaging; and
      16. any item for which the Customer cannot provide proof of purchase price.
7. Goods excluded from Premium Offer Warranty
   1. The following are not covered by the Premium Offer Warranty:
      1. cash, currency and negotiable instruments;
      2. jewellery, gemstones, precious and rare metals, and collectables;
      3. flat-pack furniture, musical instruments and antiques;
      4. drugs, weapons, explosives, radioactive material and bulk Dangerous Goods;
      5. live animals or plants, and refrigerated or perishable goods;
      6. household items, personal effects and second-hand goods;
      7. cigarettes and tobacco products;
      8. printed material and packaging;
      9. glass and glass products;
      10. motor vehicles, motorcycles, trucks and trailers;
      11. items not suitable for the service booked, overhanging items and items protruding from their packaging;
      12. poorly packed items;
      13. items of 30 kg or more, or over 2 metres in length, width or height, that are not on a skid or pallet; and
      14. pallets, crates, boxes, bags and other packaging.
   2. Artwork is covered by the Premium Offer Warranty only if:
      1. it is professionally packed by a reputable independent packer who prepares an inventory and a condition report noting any existing damage;
      2. it is carried in a fully enclosed cargo space (air or road) or a closed container (sea); and
      3. it is supported by a recent valuation from a recognised valuer.
8. Excluded causes
   1. The Warranty does not cover Loss or Damage caused by or resulting from:
      1. rust, oxidisation, discolouration or mould;
      2. wear and tear or pre-existing damage (the Customer must show the damage occurred during the Services);
      3. faulty manufacture or inherent defects;
      4. insufficient or unsuitable packing, including packing below the manufacturer’s standard for the mode of transport used;
      5. mechanical or electrical breakdown where there is no external evidence of damage;
      6. loss of data;
      7. dismantling, assembly, testing or fabrication, other than in the ordinary course of the Services;
      8. war, strikes, nuclear or radioactive contamination; or
      9. rejection, detention, confiscation or destruction of the Goods by any government, customs or other authority, including for non-compliance with foreign laws or delay in collection.
9. Excluded countries
   1. The Warranty does not cover Goods carried to, from or through: Afghanistan, Algeria, Belarus, Bolivia, Central African Republic, Chad, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Georgia, Guinea, Iran, Iraq, Kenya, Lebanon, Liberia, Madagascar, Myanmar, Nigeria, North Korea, Pakistan, Russia, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Yemen and Zimbabwe, or any other country subject to Australian sanctions.
10. Making a claim
    1. Damage must be notified to the Company in writing, with photographs, within 24 hours after delivery. A written claim, on the Company’s claim form, must be lodged within 14 Business Days after delivery.
    2. Loss or non-delivery must be notified in writing within 14 Business Days after the date the Goods should have been delivered.
    3. The Customer must provide a completed claim form, proof of purchase price and all other documents and information the Company reasonably requires to assess the claim.
    4. The Customer must:
       1. take reasonable steps to prevent or minimise further loss or damage;
       2. note any damage on the consignment note or delivery documents where possible;
       3. keep damaged Goods and packaging for inspection;
       4. not repair or replace the Goods without the Company’s written consent; and
       5. not make any admission, settlement or payment to a third party without the Company’s written consent.
    5. The Company may reduce a payment to the extent it has been prejudiced by the Customer’s failure to comply with clause 10.4.
    6. A claim not made in accordance with clauses 10.1 to 10.3 will not be accepted, except to the extent the Company has not been prejudiced by the delay or failure. Only the Customer may claim under the Warranty.
11. Recovery from Carriers
    1. Once the Company pays a claim, it is entitled to all of the Customer’s rights against the Carrier and any other person responsible for the Loss or Damage, and may recover in the Customer’s name. The Customer must give all reasonable assistance, and must pay to the Company any amount it later receives from a third party for the same Loss or Damage, up to the amount the Company paid.
12. Australian Consumer Law
    1. Nothing in these WTCs excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.