Claims are limited to loss of or damage to the Goods only. 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.
The maximum amount that may be claimed from Active Freight Solutions under the FreightSafe Warranty is the lesser of $300 or the cost price of the Goods, as supported by documentary evidence acceptable to Active Freight Solutions and FreightSafe (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods).
Where there is no invoice value for the original purchase price (cost) of the goods, 65% of the sales/retail value of the item will be used as the basis of valuation.
GST and freight charges relating to the consignment covered by the FreightSafe Warranty shall not be included in the calculation of any amount in respect of the Goods. Any payment by Active Freight Solutions arising out of any Claim made by the Customer will be exclusive of GST.
Where a claim has been paid in full for goods damaged, Active Freight Solutions reserves the right to take possession of the goods as salvage or to dispose of such goods as it sees fit.
In the event of loss or damage to used or secondhand Goods, Claims that meet the conditions of the FreightSafe Warranty will be paid at the current depreciated market value of the goods, as determined by Active Freight Solutions and FreightSafe.
In the event that there is no visible evidence of damage occurring during Carriage, or Active Freight Solutions and FreightSafe determine that the condition of the goods post-delivery was likely the condition that preceded the commencement of Carriage, Claims for damage will not be paid unless the Customer can supply reasonable evidence of the condition of the Goods prior to Carriage.
Dangerous Goods are only covered with a freight carrier who is experienced in the carriage of Dangerous Goods, and in the case that you have:
i. There is no coverage for any third party liability, cost or expense (direct or indirect) arising out of or in connection with the carriage of or loss of Dangerous Goods.
Where the Customer has not paid the FreightSafe Warranty charge;
Where the Customer is not the account holder (unless the consignment is on a cash sale basis);
Where the Customer fails to submit the Claim to Active Freight Solutions within the relevant time limits set out above;
Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
Currency; negotiable instruments; antiques; works of art; drugs; weapons; living animals or plants; cigarettes, tobacco and tobacco related products; valuable documents; personal effects or items of sentimental significance; and irreplaceable items;
Home removals or any transit involving moving household goods from one residential property to another residential property;
Perishable items or items requiring refrigeration or a temperature-controlled environment unless they were consigned in a suitable temperature-controlled environment provided or approved for use by Active Freight Solutions or its contractors and agents.
Dangerous goods in the following categories:
Where the Goods have not been packed in the original manufacturer's packaging or the equivalent, and/or in the reasonable opinion of Active Freight Solutions or FreightSafe, the packaging of the Goods did not comply with the Packaging Guidelines or other industry standard relevant to the nature of the Goods or is otherwise of an insufficient standard to withstand the transit of the Goods;
Where the Goods were not adequately labelled or no label exists on the consignment;
Where the Goods cannot be readily identified, including any identifying marks, serial numbers or other identifying codes, to establish what was damaged;
Where the Goods are determined by FreightSafe to have been defective prior to the Carriage;
Where damage or loss to the Goods is attributable to electrical, chemical or mechanical failure or other operational defect in the Goods which could not, in the reasonable opinion of Active Freight Solutions and FreightSafe, have been caused by the Carriage;
Where damage or loss to the Goods is attributable to wear and tear, ordinary leakage, ordinary loss in weight or volume or inherent defect or vice of the Goods;
Where loss of or damage to Goods occurs, or Active Freight Solutions fails, delays or is unable to carry out its obligations under this contract, due to strikes and / or lockouts (whether of Active Freight Solutions Transport’s own employees or those of others and whether or not Active Freight Solutions could have avoided the same by acceding to the demands of the employees responsible for such action), any impacts of a communicable disease, weather events, war, terrorism, warlike acts or threats (including the use of weapons), cyber-attack, expropriation, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control of Active Freight Solutions Transport;
Where the delivery address is a post office box, a roadside drop or postal mailbox and Active Freight Solutions considers this means the consignment could be reasonably accessible by someone other than the intended recipient/addressee of the consignment.