Terms & Conditions
1. Applicability
1.1 This Schedule B forms part of the Conditions and applies to the Services where Customer has elected to participate in the FreightSafe Warranty. Customer will be deemed to have elected to participate in the FreightSafe Warranty where:
- (a) Customer notifies EFM in writing that it wishes to participate and that request has been processed by EFM; or
- (b) EFM has notified Customer in writing that the FreightSafe Warranty applies to Customer and its receipt of the Services, and Customer has not opted out of the FreightSafe Warranty (in accordance with clause 1.3) before the relevant Service commences.
1.2 The FreightSafe Warranty or FW means the limited compensation offering provided to Customer by EFM for loss or damage to Goods during provision of the Services pursuant to the terms and conditions of this Schedule B.
1.3 Customer may opt out of participating in the FreightSafe Warranty at any time by notifying EFM in writing via Customer's Account Manager with EFM or at https://www.efmlogistics.com.au/Freightsafewarranty/optout. The opt out will take effect once processed by EFM. EFM must:
- (a) promptly process any opt out request and notify Customer once processed; and
- (b) not charge Customer any fees or costs for opting out.
1.4 It is the responsibility of Customer to assess whether this FreightSafe Warranty is appropriate and sufficient for the Goods and Customer's needs. EFM makes no representation that the FreightSafe Warranty is suitable for any particular goods, use case, or circumstance. Customer is encouraged to seek independent advice where necessary.
1.5 EFM uses third party claims manager FreightSafe as a subcontractor to administer and assess FW Claims. Any claims management or assessment function of EFM under this Schedule B may be performed by FreightSafe on EFM's behalf.
1.6 In respect of International Services, this Schedule B does not limit Schedule A that continues in full force and effect, except that, where EFM is liable for loss or damage to Goods under the terms of both Schedule A and this Schedule B, Customer is entitled to, and EFM is responsible for, the higher of the two (not both).
2. Mandatory text
2.1 This Schedule B is subject to Customer's rights under the Australian Consumer Law and nothing in this Schedule B is intended to limit any rights Customer may have under the Competition and Consumer Act 2010 (Cth) (CCA).
2.2 Where Customer is a consumer, as defined in the CCA, the following mandatory text applies:
The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, Customer is entitled to cancel the Conditions with EFM and to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, Customer is entitled to have the problems with the Services rectified in a reasonable time and, if this is not done, to cancel the Conditions and obtain a refund for the unused portion of the Conditions.
3. Coverage
3.1 If:
- (a) Goods are lost or damaged during receipt of the Services during the FW Period set out in clause 5;
- (b) Customer has complied with the FW Conditions set out in clause 6;
- (c) the FW Exclusions set out in clause 7 do not apply; and
- (d) Customer is, at the time of the relevant Service, participating in the FreightSafe Warranty,
Customer is entitled to, and EFM must pay, the FW Limitation Amount in accordance with clause 4.
4. FW Limitation Amount and payment
4.1 The FreightSafe Warranty is limited to the loss of, or damage to, the tangible Goods only, up to the FW Limitation Amount. The FreightSafe Warranty does not cover any other Loss (including Indirect Loss) suffered by Customer as a result of loss or damage to the Goods.
4.2 The FW Limitation Amount means the maximum amount that may be claimed from EFM under the FreightSafe Warranty, being the lesser of the following amounts, to the extent applicable:
- (a) one thousand dollars (AUD$1,000), unless EFM has confirmed in a written notice, quotation or schedule of rates issued by EFM before the relevant Service commences that a higher FW Limitation Amount applies to Customer, in which case the FW Limitation Amount will be the amount specified in that document, capped at two thousand dollars (AUD$2,000);
- (b) the repair cost for the Goods, where confirmed that the Goods can be reasonably repaired;
- (c) the replacement cost of the Goods, being the actual cost to Customer of replacing the lost or damaged Goods with the same or substantially similar goods; or
- (d) for:
- (i) new Goods: the cost price of the Goods, as supported by documentary evidence acceptable to EFM, acting reasonably (for example, a copy of the supplier's invoice or where the Goods are manufactured by Customer, accounting or production records reasonably evidencing the actual cost to manufacture the Goods); or
- (ii) used or second-hand Goods: at the current depreciated market value of the Goods, as determined by EFM (acting reasonably).
4.3 If the Goods are new and Customer does not provide reasonable documentation to substantiate the cost price of the Goods, the value of the Goods will be assessed as 65% of the sales/retail value of the item as supported by an invoice of sale or market valuation for goods in the same or similar condition.
4.4 GST and Service Fees relating to the Services for the consignment covered by the FreightSafe Warranty will not be included in the calculation of the FW Limitation Amount.
4.5 EFM is not required to pay the applicable FW Limitation Amount until Customer has paid all Service Fees due or owing to EFM under these Conditions as at the date the relevant FW Claim is submitted, including any Service Fees for the Service to which that FW Claim relates.
4.6 Any FW Limitation Amount payment is exclusive of GST.
4.7 Where Customer makes a valid FW Claim, EFM will pay the applicable FW Limitation Amount to Customer's nominated bank account, except when Customer:
- (a) has an ongoing account with EFM for receipt of Services; and
- (b) does not request direct payment at the time of submitting the FW Claim,
in which case EFM will apply that amount as a credit to Customer's account with EFM.
4.8 Without limiting clause 7, the FW Limitation Amount will be reduced to the extent (if any) that Customer caused or contributed to the loss or damage to the Goods.
4.9 Where a FW Claim has been paid in full in respect of Goods that are in EFM's possession, EFM reserves the right to take possession of those Goods as salvage, and to use or dispose of such Goods as it sees fit.
5. FW Period
5.1 The FreightSafe Warranty starts when the Goods are first moved outside the premises where they are loaded onto the conveying vehicle for the Services and ends when (as applicable):
- (a) the Goods are last moved during delivery to the address provided by Customer; or
- (b) EFM first arrives at the delivery address provided by Customer, if the designated delivery place is unattended or EFM cannot complete delivery due to circumstances beyond its reasonable control (including where the Goods recipient does not accept delivery, or EFM is prevented from accessing the delivery address)
5.2 The FreightSafe Warranty does not apply while Goods are being loaded onto, or unloaded from, the conveying vehicle if that loading or unloading is carried out, in whole or in part, by Customer or by a third party on Customer's behalf.
6. FW Conditions
6.1 To receive the benefit of the FreightSafe Warranty, Customer will pay EFM per consignment of Goods the applicable Warranty Rate as set out in the quotation, notice, proposal or schedule of rates, or as otherwise agreed between the parties in writing from time to time. The Warranty Rate forms part of the Ancillary Fees.
6.2 Customer must submit a FW Claim online, using the online claim form available at: https://claimform.freightsafe.com/efm/ within thirty (30) days of expiry of the notification time limits set out in clause 6.3.
6.3 Customer must notify EFM in writing of any loss or damage to Goods within the following time limits:
- (a) where the Goods receiver has indicated in writing on the consignment note that loss or damage has occurred in respect of the Goods, within seven (7) days of the date the Goods were delivered to the address provided by Customer;
- (b) where the Goods receiver has acknowledged that the Goods have been received in good order and condition, within twenty-four (24) hours of the date and time the Goods were delivered to the address provided by Customer; or
- (c) in respect of FW Claims for non-delivery, within seven (7) days of the expected date of delivery of the Goods to the relevant delivery address; or
- (d) in respect all Goods authorised for delivery to an unattended received address (including delivered with an Authority to Leave), within forty-eight (48) hours.
6.4 EFM will, promptly upon receipt of the FW Claim, acknowledge the FW Claim and subsequently request any further information or documentation to assess the FW Claim's applicability under this Schedule B.
6.5 Customer may only make one (1) FW Claim per consignment of Goods.
6.6 Customer will cooperate with EFM (and FreightSafe) and provide any reasonably requested information in respect of the FW Claim and Goods (for example, providing proof of value of the Goods).
6.7 Customer must support a FW Claim for damage to Goods by providing photographs identify the Goods, evidencing the damage to the Goods, and if applicable, showing any identifying marks or serial numbers. The photographs must be provided within the applicable FW Claim time limit set out in clause 6.3, or be timestamped within one (1) Business Day from the date the Goods were delivered to the address provided by Customer.
7. FW Exclusions
7.1 FW Claims will not be accepted, and EFM is not liable to pay the FW Limitation Amount in any of the following circumstances:
- (a) if the Goods are Dangerous Goods in class 1 (explosives); class 4.2 (spontaneously combustable); class 6.2 (infectious substances); and/or class 7 (radioactive material), within the meaning given in the Australian Code for the Transport of Dangerous Goods by Road and Rail; or if Customer has either not provided a full description disclosing the nature of such Dangerous Goods before collection, or not provided the required Dangerous Goods documentation at the time of collection;
- (b) if the Goods are currency, negotiable instruments, bullion, coins, precious stones, jewellery, antiques, works of art, securities, illicit drugs, weapons, illegal items, living animals or plants, cigarettes, tobacco and tobacco related products, valuable documents, personal effects or items of sentimental significance, and irreplaceable items, or like items;
- (c) if the Goods have not been packed in the original manufacturer's packaging or the equivalent, and/or in the reasonable opinion of EFM, the packaging of the Goods did not comply with the Packaging Guidelines (available at: https://freightsafe.com/Packaging-Guidelines) or other industry standard relevant to the nature of the Goods or is otherwise of an insufficient standard to withstand the ordinary risks of the Services including carriage and storage;
- (d) if the Goods were not adequately labelled or no label exists on the consignment;
- (e) if the Goods cannot be readily identified, including any identifying marks, serial numbers or other identifying codes, to establish what was damaged;
- (f) if the Goods are determined by EFM, in its reasonable opinion, to have been defective prior to receipt of the Services;
- (g) if the Service was provided for home removals or any transit involving moving household goods from one residential property to another residential property;
- (h) if loss or damage 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 EFM, have been caused by the Services;
- (i) if loss or damage to the Goods is attributable to ordinary wear and tear, leakage or loss in weight or volume, or an inherent defect or vice of the Goods;
- (j) if loss of or damage to Goods occurs due to a Force Majeure Event;
- (k) if the delivery address is a post office box, a roadside drop or postal mailbox;
- (l) if EFM, acting reasonably, determines that the condition of the Goods post-delivery was likely the condition that preceded the commencement of the Services, and Customer does not promptly provide EFM with evidence acceptable to EFM, in its reasonable opinion, of the condition of the relevant Goods prior to collection; or
- (m) Goods are authorised for delivery to an unattended received address (including delivered with an Authority to Leave), EFM's records confirm a valid and successful delivery of Goods, and Customer does not promptly provide EFM with evidence acceptable to EFM (acting reasonably) of the condition of the relevant Goods at the time of delivery or non-delivery (for example, CCTV).
8. Amendments and termination of the FreightSafe Warranty
8.1 Customer may, at any time, opt out of the FreightSafe Warranty and terminate this Schedule B in accordance with clause 1.3.
8.2 EFM may, on 30 days written notice to Customer, vary the terms and conditions of this Schedule B and/or terminate this Schedule B.
8.3 From the effective date of Customer opting out of the FreightSafe Warranty in accordance with clause 1.3 or EFM terminating the FreightSafe Warranty in accordance with clause 8.2:
- (a) this Schedule B will cease to apply; and
- (b) the Services will continue to be provided and received in accordance with all Conditions except for this Schedule B.