FreightSafe Warranty Terms & Conditions | Cochrane’s Skip to main content

FreightSafe Warranty Terms & Conditions

General 

  1. Cochrane’s Transport 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 Cochrane’s Transport, 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.

FreightSafe Warranty Claims

  1. Any claim under the FreightSafe Warranty for damage to or loss of Goods ("Claim") must be made online, at https://my.freightsafe.com/aus/claimform/crn 
  2. The Customer must notify Cochrane’s Transport in writing of any Claim within the following time limits:
    1. where the Receiver has indicated in writing on the Proof of Delivery or has records that they have informed Cochrane’s Transport 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;
    2. In respect of Claims for non-delivery, within fourteen (14) business days after the expected date of delivery for that item/consignment note.
  3. The Customer may only make one (1) Claim per consignment.
  4. The Customer must provide to Cochrane’s Transport with any Claim, documentary evidence acceptable to Cochrane’s Transport (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods) as proof of value of the Goods.
  5. Where the customer makes a valid Claim, Cochrane’s Transport reserves the right to pay the Claim directly to the Customer by credit to the Customer's account.
  6. Claims will only be paid by Cochrane’s Transport in respect of any Claim after the Customer has paid all outstanding amounts owed by the Customer to Cochrane’s Transport on their account, so that the account is within agreed trading terms.

FreightSafe Warranty Limitations 

  1. The FreightSafe Warranty is subject to the following limitations:
    1. 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.
    2. Cochrane’s Transport reserve the right to determine whether a consignment is indeed lost, regardless of whether a Proof of Delivery is available or not.
    3. Where the Receiver has acknowledged that the Goods have been delivered and received in good order and condition, with no notation of damage, the claim shall be rejected.
    4. The maximum amount that may be claimed from Cochrane’s Transport under the FreightSafe Warranty is the lesser of:
      1. the FreightSafe Warranty Limitation Amount of $2,000.00; and
      2. the cost price of the Goods, as supported by documentary evidence acceptable to Cochrane’s Transport (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods).
    5. 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 Cochrane’s Transport arising out of any Claim made by the Customer will be exclusive of GST.
    6. Where a claim has been paid in full for goods damaged, Cochrane’s Transport reserves the right to take possession of the goods as salvage and to dispose of such goods as it sees fit.
    7. Where the goods are glass, or contain glass elements, an excess of $50.00 shall apply to each Claim and a Warranty Limitation Amount of $500.00 shall apply. For the avoidance of doubt, the $500.00 Warranty Limitation Amount that is applicable to glass and glass related products shall override the Warranty Limitation Amount specified in clause 10(c)(i) above. 

FreightSafe Warranty Exclusions 

  1. Cochrane’s Transport will not be liable for any Claims made by Customers in any of the following circumstances:
    1. Where the Customer has not paid the FreightSafe Warranty charge;
    2. Where the Customers is not the account holder;
    3. Where the Customer fails to submit the Claim to Cochrane’s Transport within the relevant time limits set out above;
    4. Where Cochrane’s Transport is in possession of an unendorsed proof of delivery form for the consignment;
    5. Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
      1. currency; negotiable instruments; jewellery; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; weapons; living animals or plants; refrigerated; second hand goods, cigarettes, tobacco and tobacco products; valuable documents;.
    6. Where Cochrane’s Transport in its reasonable opinion considers the Packaging of the Goods to be inadequate for road, rail, sea or air transportation;
    7. Where the Goods are determined by Cochrane’s Transport to have been defective prior to the Carriage;
    8. Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of Cochrane’s Transport, have been caused by the Carriage;
    9. Where Cochrane’s Transport fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of Cochrane’s Transport own employees or those of others and whether or not Cochrane’s Transport 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 Cochrane’s Transport;
    10. Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
    11. Where the Goods have not been packed in the original manufacturer's packaging or the equivalent;
    12. Where the Delivery Address is a post office box, a roadside drop or postal mail box.

Amendments to Terms and Conditions of Contract 

  1. Cochrane’s Transport 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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