AMENDED TERMS AND CONDITIONS

Unless otherwise indicated by the return of the FreightSafe application form indicating that the FreightSafe Warranty has been declined the Carrier (Followmont) will provide a warranty (FreightSafe Warranty) to the Customer on the following terms and conditions:

  1. The warrant applies only whilst goods are in the CarrierÂ’s possession.
  2. Claims are made for damage to or loss of goods in wording on the claim form supplied on request and sent to Followmont PO Box 1597 Eagle Farm BC or faxed to 36084650 or emailed to risk@followmont.com.au
  3. Customer must notify Carrier of any claim:-
    a. For Damage within 48 hours of goods delivered to Delivery Address if acknowledged as received in good condition on Proof of delivery receipt.
    b. For Damage within 14 days of goods delivered to Delivery Address if acknowledged as received in a damaged condition on Proof of delivery reciept.
    c. For Loss after 14 days of agreed delivery date.
  4. The Customer is entitled to 1 claim only for each consignment note and must on request provide evidence acceptable to Carrier of the value of goods and proof of damage or loss where applicable.
  5. The Carrier reserves the right to settle and claim by either direct payment of the relevant amount or by crediting same to CustomerÂ’s account.
  6. The warranty payment will be made by Carrier after payment of cartage fees and the warranty charge.

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.

(b) The maximum amount that may be claimed from the Carrier under the Freight Warranty is the lesser of:

(i) the FreightSafe Warranty Limitation Amount (for the avoidance of doubt, where no FreightSafe Warranty has been selected by the Customer the FreightSafe

Warranty Limitation Amount shall be zero); and

(ii) the 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).

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 the Carrier arising out of any Claim made by the Customer will be exclusive of GST.

(c ) 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.

FreightSafe Warranty Exclusions

The Carrier will not be liable for any Claims made by Customers in any of the following circumstances:

(a) where the Customer has not selected FreightSafe Warranty to apply to the consignment or has not paid the FreightSafe Warranty charge;

(b) where the Customer 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;

Excluded Goods" means Dangerous Goods and each of the following items currency; negotiable instruments; jewellery; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; weapons; living animals or plants; refrigerated/perishable goods; household and personal effects; second hand goods, cigarettes, tobacco and tobacco products; and any documents;

(e) where the Carrier in its reasonable opinion considers the Packaging of the Goods to be inadequate for road transportation;

(f) where the Goods are determined by the Carrier to have been defective prior to the Carriage;

(g) 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;

(h) 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 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 of the Carrier;

(i) where the Goods have been returned to the Carrier without a bar-coded consignment note and label from the Carrier or otherwise than in accordance with the controlled returns procedure of the Carrier;

(j) where the Carrier has not been responsible for the total Carriage of the Goods to the Delivery Address;

(k) where the Goods have not been packed in the original manufacturer's packaging or the equivalent;

(l) where the Delivery Address is a post office box, a roadside drop or postal mail box.

Amendments to Terms and Conditions of Contract

The Carrier reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.