- Smart Send 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 Smart Send or their contractors and agents for the purpose of the carriage, subject to the terms and conditions set out hereunder, hereinunder referred to as the Smart Send Transport Assurance Warranty.
- The Smart Send Transport Assurance Warranty applies by default to every consignment booked for Carriage with Smart Send couriers, to a limit of $250, with the ability for the customer to purchase Extended Warranty up to a maximum of $20,000 of protection. Shipments with BYO Carriers (e.g. MyPost Business) are not covered.
- The Smart Send Transport Assurance 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.
- In the circumstances where the loss or damage to Goods is partly caused by an event or incident that is the responsibility of Smart Send under these terms and condition, but also partly caused by an event outside its reasonable control, Smart Send 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 Smart Send (i.e. a natural disaster event). Claims under the Smart Send Transport Assurance Warranty will be assessed on this basis and an offer to compensate the Customer will be made for the share of responsibility that Smart Send has for causing or contributing to the loss or damage.
- Any claim under the Smart Send Transport Assurance Warranty for damage to or loss of Goods ("Claim") must be made online, using the online claim form found at https://claimform.freightsafe.com/sma (also accessible via your VIP account Dashboard).
- The Customer must notify Smart Send in writing of any Claim within the following time limits:
- Where the Receiver has indicated in writing on the Proof of Delivery or has records that they have informed Smart Send 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;
- Where the Receiver 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;
- In respect of Claims for non-delivery or loss, within fourteen (14) days from expected delivery date.
- 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.
- The Customer may only make one (1) Claim per consignment.
- The Customer must provide to the claims administrator, FreightSafe, with any Claim, documentary evidence acceptable to Smart Send 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.
- Where the customer makes a valid Claim, FreightSafe will settle the Claim directly to the Customer via cash settlement only, into the nominated bank account.
- The Smart Send Transport Assurance Warranty is subject to the following limitations:
- Claims are limited to loss of or damage to the Goods only, and for losses that were partly or wholly caused by events or incidents within the reasonable control of Smart Send (including actions or inactions by Smart Send and its agents) but does not cover any delay, missed delivery slot, indirect loss, loss of market value, or 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 Smart Send under the Smart Send Transport Assurance Standard Warranty is the lesser of $250 or the cost price of the Goods, as supported by documentary evidence acceptable to Smart Send and FreightSafe (for example copy of the supplier's invoice or evidence of actual cost of manufactured goods).
- The maximum amount that may be claimed from Smart Send under the Smart Send Transport Assurance Extended Warranty is the lesser of the Extended Warranty tier purchased or the cost price of the Goods, as supported by documentary evidence acceptable to 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 Smart Send Transport Assurance Warranty shall not be included in the calculation of any amount payable under the Warranty in respect of the Goods. Any payment by Smart Sends 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, Smart Send 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 Smart Send Transport Assurance Warranty will be paid at the current depreciated market value of the goods, as determined by FreightSafe
- In the event that there is no visible evidence of damage occurring during Carriage, or 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.
- Smart Send will not be liable for any Claims made by Customers in any of the following circumstances:
- Above the $250 limit under the Smart Send Transport Assurance Warranty, where the Customer has not paid the Extended Warranty charge applicable to a claim;
- Where the Customer is not the account holder with Smart Send;
- Where the Customer fails to submit the Claim to Smart Send within the relevant time limits set out above;/li>
- Where the Goods consigned are Excluded Goods, where "Excluded Goods" means each of the following items:-
- currency; dangerous goods; 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 Smart Send or its contractors and agents.
- Where the Goods have not been packed in the original manufacturer's packaging or the equivalent, and/or in the reasonable opinion of Smart Send or FreightSafe, the packaging of the Goods did not comply with the FreightSafe 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 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 could not, in the reasonable opinion of Smart Send 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 Smart Send fails, delays or is unable to carry out its obligations under this contract, due to strikes and / or lockouts (whether of Smart Send's own employees or those of others and whether or not Smart Send 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 Smart Send;
- Where the delivery address is a post office box, a roadside drop or postal mailbox and Smart Send or FreightSafe considers this means the consignment could be reasonably accessible by someone other than the intended recipient/addressee of the consignment.
- Shipments with BYO Carriers (e.g. MyPost Business)
- Smart Send reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.
- the Customer's original purchase price;
- the repair cost; and
- the replacement cost.
Carriage means transport of the Goods by Smart Send, its contractors or agents, as applicable.
Cost Price means the lesser of:
Customer means the person or entity who engages Smart Send (or their contractors or agents, as applicable) to transport Goods.
FreightSafe means FreightWise Services Pty Ltd (trading as FreightSafe) ACN 101 566 465
FreightSafe Packaging Guidelines means the best practice guidelines for packaging prepared by FreightSafe as amended from time to time and available at www.freightsafe.com.au/packaging-guidelines
Goods means the items the Customer engages Smart Send (or their contractors or agents, as applicable) to transport.
Warranty means the Transport Assurance Warranty offered to the Customer by Smart Send pursuant to these terms and conditions
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