1. InXpress Australia 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 InXpress Australia, subject to the limitations and exclusions set out hereunder (the "FreightSafe Warranty").
2. 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 until it is terminated by agreement of the parties or otherwise notified by InXpress Australia in writing.
FreightSafe Warranty Claims
3. Any claim under the FreightSafe Warranty for damage to or loss of Goods ("Claim") must be made by submitting a claim form accessed in the footer of our website http://au.inxpress.com
4. The Customer must notify InXpress Australia in writing of any Claim within the following time limits:
a) where the Receiver has indicated in writing on the Proof of Delivery and has records that they have informed InXpress Australia that damage has occurred in respect of the Goods, within fourteen (14) business 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 two (2) business days from the date of delivery of the Goods to the Delivery Address;
c) In respect of Claims for non-delivery, within fourteen (14) business days after the expected date of delivery for that item/consignment note.
5. The Customer may only make one (1) Claim per consignment.
6. The Customer must provide to InXpress Australia with any Claim, documentary evidence required by InXpress Australia (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods) as proof of value of the Goods and lawful ownership by the Customer of the goods.
7. Where the customer makes a valid Claim, InXpress Australia reserves the right to pay the Claim directly to the Customer by credit to the Customer's account or set off monies otherwise owned by the Customer to InXpress Australia.
8. Claims will only be paid by InXpress Australia in respect of any Claim after the Customer has paid all outstanding amounts owed by the Customer to InXpress Australia on their account, so that the account is within agreed trading terms.
FreightSafe Warranty Limitations
9. The FreightSafe Warranty is subject to the following limitations:
a) 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.
b) The maximum amount that may be claimed from InXpress Australia under the FreightSafe Warranty is the lesser of:
i. the FreightSafe Warranty Limitation Amount of $1,000.00; and
ii. the cost price of the Goods, as supported by documentary evidence acceptable to InXpress Australia (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods).
c) Claims are limited to direct loss or damage of the value of the item consigned with the carrier, and does not cover consequential loss or damage. For example, the value of a lost document would be the cost of reproducing the item, not the losses associated directly or indirectly with its non-delivery (such as a tender document not being received and the tender not being won, or an offer for a property not being received etc).
d) 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 InXpress Australia arising out of any Claim made by the Customer will be exclusive of GST.
e) Where a claim has been paid in full for goods damaged, InXpress Australia reserves the right to take possession of the goods as salvage and to dispose of such goods as it sees fit.
f) This service is a limited liability warranty and is not intended to be an insurance product or service. Accordingly InXpress Australia’s decision in relation to any matter relating to the FreightSafe Warranty is final and once a decision is made by InXpress Australia no further correspondence shall be entered into with the Customer.
FreightSafe Warranty Exclusions
10. InXpress Australia will not be liable for any Claims made by Customers in any of the following circumstances:
a) Where the Customer has not paid the FreightSafe Warranty charge;
b) Where the Customer is not the account holder;
c) Where the consignment is booked outside of the Webship booking platform either directly with the Carrier or otherwise;
d) Where the consignment is booked through a Non-Core Carrier, which are defined as any Carriers other than DHL, TNT, Toll and StarTrack.
i. Should any of these Core Carriers, at their discretion, choose to use an agent to fulfil a part of, or the complete delivery, the customer will still have the benefit of the FreightSafe Warranty regardless of whether that agent is a Core Carrier or Non-Core Carrier.
e) Where the Customer fails to submit the Claim to InXpress Australia within the relevant time limits set out above;
f) Where the Customer has amounts overdue and owing to InXpress Australia at the time of the consignment being received by the consignor;
g) Where InXpress Australia is in possession of an unendorsed proof of delivery form for the consignment;
h) Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
i. currency; negotiable instruments; jewelry; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; weapons; living animals or plants; refrigerated goods; used/second hand goods, cigarettes, tobacco and tobacco products; valuable documents; glass or glass related products.
i) Where InXpress Australia in its reasonable opinion considers the Packaging of the Goods to be inadequate for road, rail, sea or air transportation;
j) Where the Goods are determined by InXpress Australia to have been defective prior to the Carriage;
k) Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of InXpress Australia, have been caused by the Carriage;
l) Where InXpress Australia fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of InXpress Australia’s own employees or those of others and whether or not InXpress Australia 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 InXpress Australia;
m) Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
n) Where the Goods have not been packed in the original manufacturer's packaging or the equivalent appropriate packaging (reasonably assessed by InXpress Australia); or
o) Where the Delivery Address is a post office box, a roadside drop or postal mail box.
Amendments to Terms and Conditions of Contract
11. InXpress Australia reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.
12. Any relief from or limitation on liability is to be read subject to any restriction on contracting out of liability provided in any relevant legislation (including the Competition and Consumer Act 2010 (Cth)) so that provisions for relief or limitations on liability in these conditions are limited or rendered ineffective only to the extent require to give effect to that legislation but otherwise are fully effective or independent of any provisions which are rendered void or ineffective by reason of legislation.