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, UPS, 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.