General

 

  1. Myfreight will provide to the Customer a warranty against loss or damage to Goods during the Carriage and while the Goods are in the possession of Myfreight , subject to the limitations and exclusions set out hereunder (the “FreightSafe Warranty”). Unless the Customer has elected prior to the commencement of the Carriage that the FreightSafe Warranty is not to apply to a consignment.

 

  1. The FreightSafe Warranty applies to all goods consigned on each Customer’s unique account number. Customers cannot elect which consignments the FreightSafe Warranty will apply to and the FreightSafe Warranty will apply to an account completely, or not all.

 

  1. Once a Customer has made an election as to whether the FreightSafe Warranty is to apply to their account or not, this election will apply for a 12 month period from the date the election is made.

 

  1. The Customer must pay to Myfreight the applicable FreightSafe Warranty charge for the level of FreightSafe Warranty selected.

 

FreightSafe Warranty Claims

 

  1. Any claim under the FreightSafe Warranty for damage to or loss of Goods (“Claim”) must be made online, using the online claim form found on the Myfreight website – https://my.freightsafe.com/aus/claimform/myf

 

  1. The Customer must notify Myfreight in writing of any Claim within the following time limits:

 

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.

 

  1. The Customer may only make one (1) Claim per consignment.

 

  1. The Customer must provide to Myfreight with any Claim, documentary evidence acceptable to Myfreight (for example, receipt, valuation or tax invoice) as proof of value of the Goods.

 

  1. Where the customer makes a valid Claim and there are outstanding amounts owed by the Customer to Myfreight, Myfreight reserves the right to pay the Claim either directly to the Customer or as a credit to the Customer’s account.

 

  1. Claims will only be paid by Myfreight in respect of any consignment after the Customer has paid all outstanding Freight Charges in respect of that consignment

 

FreightSafe Warranty Limitations

 

  1. The FreightSafe Warranty is subject to the following 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

 

  1. Myfreight will not be liable for any Claims made by Customers in any of the following circumstances:

 

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

 

  1. Myfreight reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.