General

1. PFM Corp will provide to the Customer a limited guarantee against loss or damage to Goods during the Carriage for which it is liable including while the Goods are in the control and/or possession of PFM Corp or their contractors and agents for the purpose of carriage, subject to the terms and conditions set out hereunder, hereinunder referred to as the FreightSafe Warranty.

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2. The FreightSafe Warranty applies by default to every consignment booked for Carriage, where the customer has nominated to participate in the FreightSafe Warranty, up to a maximum of $1,500 per consignment.

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3. The FreightSafe Warranty is in place from when the Goods are first moved outside of the premises at which loading takes place for the purpose of being immediately loaded onto the conveying vehicle, ending when the Goods are last moved when being delivered at the destination point associated with the freight booking, or any earlier point where the ordinary course of transit has been interrupted.

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4. In the circumstances where the loss or damage to Goods is partly caused by an event or incident that is the responsibility of PFM Corp under these terms and conditions, but also partly caused by an event outside its reasonable control, PFM Corp will assess the extent to which its actions or inactions have caused or contributed to the loss or damage suffered by the Customer and the extent to which the loss or damage was caused by something that was not within the control of PFM Corp (i.e. a natural disaster event). Claims under the FreightSafe Warranty will be assessed on this basis and an offer to compensate the Customer will be made for the share of responsibility that PFM Corp has for causing or contributing to the loss or damage.

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FreightSafe Warranty Conditions

5. Any claim under the FreightSafe Warranty for damage to or loss of Goods ("Claim") must be made online, using the online claim form https://claimform.freightsafe.com/pfm

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6. The Customer must notify PFM Corp in writing of any Claim within the following time limits:

a) where the recipient of the consignment has indicated in writing on the proof of delivery record or has records that they have informed PFM Corp that damage has occurred in respect of the Goods,

within seven (7) days from the date of delivery of the Goods to the delivery address;

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b) where the recipient of the consignment has acknowledged that the Goods have been delivered and received in good order and condition, within 24 hours or one (1) business day from the date of

delivery of the Goods to the delivery address;

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c) In respect of Claims for non-delivery or loss, within fourteen (14) days from expected delivery date.

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d) Where the Goods have been delivered, whether under an Authority to Leave or otherwise, and the receiver has not acknowledged delivery, within forty-eight (48) hours of the date of delivery. The

notification of Loss must be supported by photographs of any damage or destruction and must clearly identify the Goods and show any identifying marks or serial numbers.

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

 

8. The Customer must provide to the claims administrator, FreightSafe, with any Claim, documentary evidence acceptable to PFM Corp and FreightSafe as proof of value of the Goods. This may include, but is not limited to, the supplier’s invoice or evidence of actual cost of manufactured goods, as well as a sales invoice where

applicable.

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9. Where the customer makes a valid Claim, PFM Corp reserves the right to pay the Claim directly to the Customer by credit note to the Customer's account.

 

10. Claims will only be paid by PFM Corp in respect of any Claim after the Customer has paid all outstanding amounts owed by the Customer to PFM Corp on their account, so that the account is within agreed trading terms.

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FreightSafe Warranty Limitations

11. 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.

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b) The maximum amount that may be claimed from PFM Corp under the FreightSafe Warranty is the lesser

of:

a. the FreightSafe Warranty Limitation Amount of $1,500 or;

b. the cost price of the Goods, as supported by documentary evidence acceptable to PFM Corp and FreightSafe (for example copy of the supplier’s invoice or evidence of actual cost of

manufactured goods).

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c) 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.

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d) 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 PFM Corp 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, PFM Corp reserves the right to take possession of the goods as salvage or to dispose of such goods as it sees fit.

 

f) 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 PFM Corp and FreightSafe.

 

g) In the event that there is no visible evidence of damage occurring during Carriage, or PFM Corp 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.

 

h) 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:

a. Disclosed the nature of the Dangerous Goods to be carried; and

b. Provided the carrier with all information required for carriage of the Dangerous Goods in accordance with any applicable Dangerous Goods Law.

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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.

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FreightSafe Warranty Exclusions

12. PFM Corp will not be liable for any Claims made by Customers in any of the following circumstances:

a) Where the Customer is not the account holder (unless the consignment is on a cash sale basis);

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b) Where the Customer fails to submit the Claim to PFM Corp within the relevant time limits set out above;

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c) Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following

items:-

i. 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;

ii. home removals or any transit involving moving household goods from one residential property to another residential property;

iii. 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 PFM Corp or its contractors and agents.

iv. Dangerous goods in the following categories:

a. Class 1 explosives

b. Class 4.2 substances liable to spontaneous combustion

c. Class 6.2 infectious substances

d. Class 7 radioactive material;

 

d) Where the Goods have not been packed in the original manufacturer's packaging or the equivalent, and/or in the reasonable opinion of PFM Corp 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;

 

e) Where the Goods were not adequately labelled or no label exists on the consignment;

 

f) Where the Goods cannot be readily identified, including any identifying marks, serial numbers or other identifying codes, to establish what was damaged;

 

g) Where the Goods are determined by FreightSafe to have been defective prior to the Carriage;

 

h) 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 PFM Corp and FreightSafe, have been caused by the Carriage;

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i) 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;

 

j) Where loss of or damage to Goods occurs, or PFM Corp fails, delays or is unable to carry out its obligations under this contract, due to strikes and / or lockouts (whether of PFM Corp Transport’s own

employees or those of others and whether or not PFM Corp 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 PFM Corp Transport;

 

k) Where the delivery address is a post office box, a roadside drop or postal mailbox and PFM Corp considers this means the consignment could be reasonably accessible by someone other than the

intended recipient/addressee of the consignment.

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Amendments to Terms and Conditions of Contract

13. PFM Corp reserves the right to amend these terms and conditions of contract from time to time, without

prior notice to the Customer.

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Definitions

Carriage means transport of the Goods by PFM Corp, its contractors or agents, as applicable.

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Cost Price means the lesser of:

• the Customer’s original purchase price;

• the repair cost; and

• the replacement cost.

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Customer means the person or entity who engages PFM Corp (or their contractors or agents, as applicable) to transport Goods.

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FreightSafe means FreightWise Services Pty Ltd (trading as FreightSafe) ACN 101 566 465

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Packaging Guidelines means the best practice guidelines for packaging prepared by FreightSafe as amended from time to time and available at https://freightsafe.com/Packaging-Guidelines;

 

Goods means the items the Customer engages PFM Corp (or their contractors or agents, as applicable) to transport.

 

Warranty means the FreightSafe Warranty offered to the Customer by PFM Corp pursuant to these terms and conditions.