1. Unless the Customer has elected prior to the commencement of the Carriage that the FreightGuard Service Guarantee is not to apply, FREIGHT INNOVATIONS 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 FREIGHT INNOVATIONS, subject to the limitations and exclusions set out hereunder (the “FreightGuard Service Guarantee”).
2. The FreightGuard Service Guarantee applies to all goods consigned to each Customer’s unique account number. Customers cannot elect which consignments the FreightGuard Service Guarantee will apply to and the FreightGuard Service Guarantee will apply to an account completely, or not all.
3. The Customer must pay FREIGHT INNOVATIONS the applicable FreightGuard Service Guarantee charge.
4. Any claim under the Freight Guard Service Guarantee for damage to or loss of Goods (“Claim”) must be submitted online under the Freight Guard option on the website.
The link to submit claims electronically may also be requested at email@example.com should you require.
10 Rome Road
or e-mailed to claims@FreightInnovations.co.za
5. The Customer must notify FREIGHT INNOVATIONS in writing of any Claim within the following time limits:
a) where the Receiver has indicated in writing on the consignment note or has records that they have informed FREIGHT INNOVATIONS that loss or damage has occurred in respect of the Goods, within fourteen (14) days from the date of delivery of the Goods to the Delivery Address;
b) where the Receiver has acknowledged that the Goods have been delivered and received in good order and condition, within twenty-four
(24) hours from the date of delivery of the Goods to the Delivery Address;
c) in respect of Claims for non-delivery, within fourteen (14) days after the date of dispatch specified for that consignment.
6. The Customer may only make one (1) Claim per consignment.
7. The Customer must provide FREIGHT INNOVATIONS with any Claim, documentary evidence acceptable to FREIGHT INNOVATIONS (for example, receipt, valuation or tax invoice) as proof of the value of the Goods.
8. Where the customer makes a valid Claim and there are outstanding amounts owed by the Customer to FREIGHT INNOVATIONS, FREIGHT INNOVATIONS reserves the right to pay the Claim either directly to the Customer or as a credit to the Customer’s account.
9. Claims will only be paid by FREIGHT INNOVATIONS in respect of any consignment after the Customer has paid all outstanding Freight Charges in respect of that consignment.
10. The FreightGuard Service Guarantee 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 FreightGuard Service Guarantee 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 FREIGHT INNOVATIONS under the FreightGuard Service Guarantee is the lesser of:
i. the FreightGuard Service Guarantee Limitation Amount (for the avoidance of doubt, where no FreightGuard Service Guarantee has been selected by the Customer the FreightGuard Service Guarantee Limitation Amount shall be zero); and
ii. the cost price of the Goods, as supported by documentary evidence acceptable FREIGHT INNOVATIONS (for example receipt, valuation or tax invoice from the seller of the Goods).
c) VAT and freight charges relating to the consignment covered by the FreightGuard Service Guarantee shall not be included in the calculation of any amount payable under the FreightGuard Service Guarantee in respect of the Goods and any payment by FREIGHT INNOVATIONS arising out of any Claim made by the Customer will be exclusive of VAT.
d) Where a claim has been paid in full for goods damaged, FREIGHT INNOVATIONS reserves the right to take possession of the goods as salvage and to dispose of such goods as it sees fit.
11.Freight Innovations will not be liable for any claims made by customers under the following circumstances:
a) Where the Customer has not selected a level of FreightGuard Service Guarantee to apply to the consignment or has not paid the
FreightGuard Service Guarantee charge;
b) Where the Customer fails to submit the Claim to FREIGHT INNOVATIONS within the relevant time limits set out above;
c) Where FREIGHT INNOVATIONS is in possession of an unendorsed proof of delivery form for the consignment;
d) Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
i. Tobacco products of all descriptions, Alcohol products, money, bullion, credit cards, pre-paid cards, jewellery, watches, precious stones, furs, treasury notes, securities, stamps, patterns or manuscripts, plans, designs, explosives and all livestock or plants. Guns, Ammunition, Hazardous goods and Dangerous goods/materials ; negotiable instruments; gemstones; wrought or unwrought metals; antiques; works of art; securities; drugs; refrigerated/perishable goods; household and personal effects; and any valuable documents; glass or glass product, Second – hand goods.
e) Where FREIGHT INNOVATIONS in its reasonable opinion considers the Packaging of the Goods to be inadequate for rail or road transportation; in the event of a claim for damage, the receiver must retain all inner and outer packaging materials as well as the damaged goods. Failure by the receiver to retain the original goods and packaging at the original delivery location or the failure to make the delivered goods available for inspection will invalidate the claim.
f) Where the Goods are determined by FREIGHT INNOVATIONS to have been defective prior to the Carriage;
g) Where damage, mechanical failure or another operational defect in the Goods could not, in the reasonable opinion of FREIGHT INNOVATIONS, have been caused by the Carriage;
h) Where FREIGHT INNOVATIONS fails, delays or is unable to carry out its obligations under this contract due to strikes and/or lockouts (whether of FREIGHT INNOVATIONS’ own employees or those of others and whether or not FREIGHT INNOVATIONS 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 FREIGHT INNOVATIONS;
i) Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
j) Where the Goods have not been packed in the original manufacturer’s packaging or the equivalent;
k) Where the Delivery Address is a post office box, a roadside drop or postal mailbox.
12. FREIGHT INNOVATIONS reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.
Our service allows our clients to effectively run their business from a desk while Freight Innovations takes care of distribution. We can collect from any point in South Africa and deliver to any centre, providing a proof of delivery for every consignment.
Freight Innovations utilise strategic partners who are route specialists, maximising the fastest delivery at the best price.
We provide an I.T. freight management package that facilitates every accounting requirement and allows customers to check and manage statements, invoices, waybills and costs at any given time.
Freight Innovations unique and innovative business formula ensures that delivery service levels are efficiently maximised as well as cost efficacy.