"The Carrier" shall mean Direct Freight Express Pty Ltd ABN 66 060 136 870 carrying out business in it's own name and under any other business name and unless the context otherwise requires its officers, servants agents and sub-contractors.
"Sender" shall mean the person with whom this contract is made.
"Goods" shall mean the cargo accepted from the sender together with any container, packaging or pallets supplied by or on behalf of the sender.
"Services" shall mean and include the whole of the operations and services undertaken by The Carrier in connection with the goods including but not limited to the carriage, transport and or the storage of the goods.
"Claim" shall mean any demand for compensation arising from damage or loss of the goods
1. The Carrier will provide to the Sender a warranty (DirectGuard) against loss or damage to Goods during the Carriage and while the Goods are in the possession of The Carrier, subject to the limitations and exclusions set out hereunder (the "DirectGuard Warranty").
2. The DirectGuard Warranty applies to all goods consigned on each Customer’s unique account number. Customers cannot elect which consignments the DirectGuard Warranty will apply to and the DirectGuard Warranty will apply to an account completely.
3. The Sender may cancel DirectGuard Warranty within 30 days after the commencement of the coverage and have all DirectGuard Warranty charges refunded in full in the absence of any Claims. All Claims must be made in writing on a cancellation form supplied by The Carrier.
DirectGuard Warranty Claims
4. Any claim under the DirectGuard Warranty for damage to or loss of Goods ("Claim") must be made in writing on a claim form supplied by The Carrier.
5. The Sender must notify The Carrier in writing of any Claim within the following time limits:
a) where the Receiver has indicated in writing on the Proof of Delivery or has records that they have informed The Carrier 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 seventy two (72) 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 goods were due to arrive at their specified delivery location.
6. The Sender may only make one (1) Claim per consignment.
7. The Sender must provide to The Carrier with any Claim, documentary evidence acceptable to The Carrier (for example receipt, valuation or tax invoice) as proof of cost price of the Goods.
8. Where the Sender makes a valid Claim The Carrier reserves the right to pay the Claim either directly to the Sender by cheque, EFT or as a credit to the Sender’s account.
9. Claims will only be paid by The Carrier in respect of any Claim after the Sender has paid all outstanding amounts owed by the Sender to The Carrier on their account.
DirectGuard Warranty Limitations
10. The DirectGuard 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 DirectGuard 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 The Carrier under the DirectGuard Warranty is the lesser of:
i. the Direct Guard Warranty Limitation Amount of $700.00; and
ii. the Senders cost price of the Goods, as supported by documentary evidence acceptable to The Carrier (for example receipt, valuation or tax invoice from the seller of the Goods).
c) GST and DirectGuard Warranty charges relating to the consignment covered by the DirectGuard Warranty shall not be included in the calculation of any amount payable under the DirectGuard Warranty in respect of the Goods and any payment by The Carrier arising out of any Claim made by the Sender will be exclusive of GST.
d) Where a claim has been paid in full for goods damaged, The Carrier reserves the right to take possession of the goods as salvage and to dispose of such goods as it sees fit.
DirectGuard Warranty Exclusions
11. The Carrier will not be liable for any Claims made by the Sender in any of the following circumstances:
a) Where the Sender has not paid the DirectGuard Warranty charge;
b) Where the Sender fails to submit the Claim to The Carrier within the relevant time limits set out above;
c) Where The Carrier 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:-
e). Currency; negotiable instruments; jewellery; gemstones; wrought or unwrought metals; securities; drugs; weapons; living animals or plants; antiques; works of art; refrigerated/perishable goods; household and personal effects; second hand goods, cigarettes, tobacco and tobacco products; valuable documents; glassware or glass related panels, including, but not limited to, glass panes, frames, mirrors, televisions, microwaves, ovens, laptops, tablets, monitors and other glass related products.
f) Where The Carrier in its reasonable opinion considers the Packaging of the Goods to be inadequate for road, rail, sea or air transportation;
g) Where the Goods are Dangerous Goods as defined by the Australian Dangerous Goods (ADG) Code 7.3;
h) Where the Goods are determined by The Carrier to have been defective prior to the Carriage;
i) Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of The Carrier, have been caused by the Carriage;
j) Where The Carrier fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of The Carrier’s own employees or those of others and whether or not The Carrier 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 The Carrier;
k) Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
l) Where the Goods have not been packed in the original manufacturer's packaging or the equivalent;
m) Where the Delivery Address is a post office box, a roadside drop or postal mail box;
n) Where goods have been left as per an authority to leave instruction.
Amendments to Terms and Conditions of Contract
12. The Carrier reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.