3XM FREIGHT DISCLAIMER – TERMS AND CONDITIONS

Definitions:

“Carrier’s Terms” means Carrier’s standard terms and conditions which are attached to the nominated Carrier’s Commercial Trading Agreement;

“Claim Form Declaration” means the currently approved form which must be used for any claim made;

“Days” means days of the week including Saturday and Sunday;

“Excluded Events” means damages or loss caused or contributed to by vehicle rollovers/crashes (regardless of fault), damage or loss is a result of the derailment, Force Majeure – where damage or loss is a result of Acts of God (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disasters);

“Excluded Goods” means insufficiently or inadequately packaged goods (including, but not limited to, goods which exceed the dimensions of the pallet or goods which are insufficiently protected);

“FL Shipment” means any consignment that is transported, or charged, as a full load. A full load may include, but not be limited to, where the vehicle, container, railroad car, vessel, or other method or mode of transport used is loaded solely with goods intended for delivery to one or multiple Receivers;

“Unit of Goods” means the customary freight assemblage which is utilized to transport the goods (e.g., pallet, crate, container);

“Value of Goods” means the lesser of:

The cost price of the goods (incurred by Sender); or
The agreed cost for the repair of the goods;
Miscellaneous
1.1 These 3XM Canopies’ Terms and Conditions (3XM T&C’s) are supplemental and in addition to the nominated Carrier’s Terms. Words defined in the Carrier’s Terms shall have the same meaning as in these 3XM T&C’s, unless otherwise specifically stated.

1.2 If there is a conflict or inconsistency between the 3XM T&C’s and the Carrier’s Terms, the 3XM T&Cs shall prevail to the extent of the conflict or inconsistency.

1.3 The 3XM T&C’s may be subject to change from time to time. Any changes to these will be notified to Sender and shall be effective from the date of such notice.

Carrier’s Liability
2.1 Where the goods appear to have been lost or damaged in transit Carrier’s Claim Process will determine whether they are liable for the value of the goods, subject to clauses 2.2 and 5.

2.2 Carrier’s liability shall be limited to between $2000 to $5000 (inc GST) in relation to each Unit of Goods that is lost or damaged and who is the nominated Carrier. Carrier shall not be liable for any claim where the Value of Goods does not exceed $50 (inc GST).

2.3 Where Sender has undisputed outstanding charges to Supplier or Carrier, then Supplier or Carrier may withhold payment under these 3XM T&C’s until those outstanding charges are paid.

How and When to Make a Claim
3.1 All claims must be made on a properly completed 3XM Canopies Claim Form Declaration. Claims shall not be processed where:

a) the Claim Form Declaration is not used;
b) the Claim Form Declaration is not properly completed;
c) any necessary documents or photographs are not supplied,
3.2 All claims must be notified to the Carrier via the Supplier within:

a) 24 hours from the time of delivery in relation to concealed damage;
b) 7 days from the date of delivery of goods if received and documentation is signed damaged;
c) 14 days after the expected delivery date by Carrier where the goods have not been delivered,
whichever occurs earliest.

4. Right of title to the Goods

4.1 When the Carrier makes a payment through the claim process to the claimant, the title and ownership of the affected goods shall transfer to Carrier (at Carrier’s absolute discretion).

5. International Import taxes, duties and brokerage/dispersement fees

5.1 Customers will assume the responsibility of all international import taxes, duties and brokerage/dispersement fees on their purchased goods.

6. Liability Exclusions under 3XM T&C’s

6.1 Notwithstanding anything contained in the 3XM T&C’s, Carrier shall not be liable for any loss or damage to goods where:

a) clause 3 has not been complied with;
b) Receiver has accepted delivery of goods with a clean Proof of Delivery (unless damage is concealed);
c) Carrier is of the reasonable opinion that the goods were damaged prior to receipt by Carrier;
d) where instruction has been given to deliver to an unattended address;
e) the claim is in respect of Excluded Goods or arises from an Excluded Event;
f) the claim is in relation to an FL Shipment;
g) through a right of subrogation, a third party is making a claim under 3XM T&C’s;
h) where Carrier is of the reasonable opinion that there has been a breach of clause 4.1.