Transit Protection Terms and Conditions

(a)  You may make a claim in connection with Your Transit Protection through our professional claims manager FreightSafe, via the online claim lodgement process. The Transit Protection Claim must be lodged online via https://claimform.freightsafe.com/shp 

(b) You agree and acknowledge that You may only make 1 (one) Transit Protection Claim per shipment/good.

(c) Subject to applicable law, where the goods can be reasonably repaired at a cost which is less than the replacement value of the goods, cash settlement under the Transit Protection Claim may be for the repair cost rather than the replacement cost of the goods. 

In order to be eligible to receive Your Transit Protection, You must provide us with a completed Transit Protection Claim form within 30 calendar days from the notification of loss or damage to your consignment.

The notification of the loss or damage event to be eligible for a Transit Protection Claim must be made within the following time frames:

(a) where the Recipient has confirmed in writing that damage has occurred in relation to the goods, within 7 days from the date of the delivery of the goods to the Shipping Address; and

(b) where the Recipient has confirmed in writing that the goods were delivered and received in good order and condition, within 24 hours or one (1) business day from the delivery of the goods to the Shipping Address; and

(c) in relation to any claim for Non-Delivery, within 14 days after the Shipping Date.

For the avoidance of doubt:

1. where you have provided an Authority to Leave (ATL) and the good is delivered accordingly, you cannot claim Non-Delivery in the event that the good is lost, stolen or misplaced following delivery under ATL instructions; and
2. you cannot claim Non-Delivery in the event we are able to produce evidence of delivery.

(a) Where You submit a Transit Protection Claim, You must provide us with:

(i) evidence of the damage caused to the goods the subject of your claim (including photos) or a statement confirming that the goods have not been received; and

(ii) evidence (to our reasonable satisfaction) detailing the value of the goods (being the full retail price paid by the Recipient of a delivery) and substantiating the basis for your Transit Protection Claim.

(b) You agree to provide us with all information, documents or evidence that we reasonably request for the purpose of considering or processing your Transit Protection Claim.

(a) We will use reasonable endeavours to notify You within 5 business days from the receipt of Your Transit Protection Claim, whether Your Transit Protection Claim has been accepted or rejected by us.

(b) In the event Your Transit Protection Claim is rejected, we will provide You with written reasons as to why Your Transit Protection Claim was rejected.

(c) If You require further information from us regarding why Your Transit Protection Claim has been accepted or rejected, You can contact us at: shippit@freightsafe.com

(a) Unless otherwise agreed by us or required by applicable law, Transit Protection does not apply to your goods or our Services if:

(i) You fail to comply with these Terms and Conditions;

(ii) the loss, damage or injury relates to Excluded Goods;

(iii) the loss damage or injury relates to Prohibited Items;

(iv) the loss, damage or injury caused to goods is as a result of fair wear and tear, loss in weight or volume or shrinkage;

(v) we determine, acting reasonably, that the damage, loss, or injury caused to the goods could not have been caused by the provision of the Services;

(vi) the Shipping Address provided by You is incorrect or incomplete, or the goods are not adequately labelled;

(vii) the Shipping Address is a post office box, roadside drop or postal mail box;

(viii) the goods packaging does not comply with our Transit Packing Guidelines;

(ix) the damage, loss or injury to the goods was caused by a third party;

(x) You do not pay the Transit Protection Fee;

(xi) the loss, damage or injury to the goods was caused by a Force Majeure Event;

(xii) You fail to provide any evidence reasonably requested by us for the purpose of processing or considering your Transit Protection Claim;

(xiii) we are of the opinion, acting reasonably, that the goods had the damage prior to the commencement of our Services; or

(xiv) You fail to establish the value of the goods claimed and the loss suffered in connection with your Transit Protection Claim.

(xv) Where the Goods cannot be readily identified, including any identifying marks, serial numbers or other identifying codes, to establish what was damaged;

‍

(xvi) In the case of Dangerous Goods, where the nature of the goods was not disclosed or the freight carrier was not provided with all information required to carry the goods safely and in accordance with any applicable Dangerous Goods law.

‍

(b) Transit Protection is offered subject to the Terms and Conditions stated in this document and in accordance with the goods manufacturer’s instructions. We reserve the right to refuse, suspend or withdraw the Transit Protection by providing you with seven (7) days prior notice (acting reasonably).

(a) The maximum amount that You may recover from us under the Transit Protection Claim will be the lesser of:

(i) the value of the goods, being the full retail price paid by the Recipient of a delivery;

(ii) the Transit Protection Limitation Amount; and

(iii) the cost to repair the goods (if applicable), which we will determine in our discretion, (acting reasonably). (Recovery Amount).

(b) Subject to these Terms and Conditions, you acknowledge that Shippit or its nominated third-party will process and pay the Recovery Amount for accepted Claims into Your nominated bank account as provided in Your Transit Protection Claim.

(c) Applicable taxes, if any, will not be included in any payments made to You.

(d) The level of Transit Protection must represent the correct total value of the goods. If the actual value of the goods is higher than the Transit Protection purchased, we may, acting reasonably, reduce claim payment to an amount proportionate to the value of the Goods.

(a) You warrant that You:

(i) have full power and authority to enter into and perform your obligations under these Terms and Conditions;

(ii) will comply with all relevant laws and reasonable instructions of us in connection with the provision of the Services by us (including packaging and delivery instructions);

(iii) all applicable customs, imports and exports laws have been complied with in connection with the goods; and

(iv) will not directly or indirectly alter or tamper with the goods, which would change the specification of the goods. In such circumstances, the Transit Protection shall not include any service or repair and decision by us shall be final and binding.

(b) In the event any of the warranties You have provided are false or misleading, we may, in our discretion (acting reasonably) terminate your Transit Protection and/or fulfil a Transit Protection Claim (acting reasonably).

8.1  Assignment

You agree and acknowledge that You may not assign Your rights or obligations under these Terms and Conditions.

‍

8.2  Limitations and Statutory Guarantees

(a) Statutory Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

‍

(b) Warranty: The Transit Protection provided in this document is a warranty against defects provided by Shippit. The benefits provided to you by this Transit Protection are in addition to other rights and remedies available to you under the Australian Consumer Law.

(c) To the fullest extent permitted by law, the Transit Protection expressly provided in this document is the sole and exclusive Transit Protection provided in connection with the goods and no other warranties, representations, endorsements or conditions of any kind, whether oral, written, express, implied or statutory, including without limitation any implied warranties of acceptable quality or fitness for a particular purpose, and warranties against hidden or latent defects, are provided. In so far as any warranties cannot be excluded, such warranties shall be limited to these Terms and Conditions and for the period of Transit Protection provided to you.

(d) To the fullest extent permitted by law, and except to the extent caused by Shippit’s gross negligence or wilful misconduct, we shall not be in any way liable for any consequential, incidental, indirect, special or similar damages whatsoever arising from or in connection with the use, inability to use or performance of the goods or Services and/or in relation to us and/ or our partners, including without limitation loss of revenue, loss of profits, loss of opportunity, loss of business, loss of goodwill, loss of reputation, failure to realise savings or other benefits, loss of use of the goods or any associated equipment, loss of or damage to other property due to the malfunction of the goods, costs of substitute equipment, loss due to downtime cost, costs of recovering, reprogramming or reproducing any program or data stored in or used with a system containing the goods, or loss, damage, corruption or compromise of data, whether due to breach of warranty, strict liability, goods liability, the negligence of us and/or its partners, or otherwise, even if we and/ or our partners is aware of the possibility of such damages.

(e) It is Your responsibility to secure and/or back up or remove any programs, data or other materials and content stored in or for the goods. We assume no responsibility for any loss, damage, destruction, alteration or failure to maintain confidentiality of programs, data, information or other materials or content left in the goods, however caused, whether during servicing of the goods, through use of synchronisation software for the goods, or otherwise.

(f) Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy implied by the Australian Consumer Law which cannot be excluded.

‍

8.3 Set off

Where You make a valid Transit Protection Claim and there are outstanding amounts owed by You to us, we reserve the right to set off any amount payable to us against any amounts payable to You.

‍

8.4 Privacy

You acknowledge and agree that we may collect your personal information in order to provide the Services, the Transit Protection or process your Transit Protection Claim. We may use and disclose some or all of Your personal information as outlined in our Privacy Policy which is available from our website at https://www.shippit.com/privacy/. By submitting a claim, you acknowledge that your information may be processed by our service providers' authorized operations located in Sri Lanka, in accordance with our data protection obligations.

‍

8.5 Severance

Any provision of these Terms and Conditions which are invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of the Terms and Conditions or the validity of that provision in any other jurisdiction.

‍

8.6 Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state.

‍

In these Terms and Conditions, capitalised terms that are not defined below or within these Terms and Conditions have the definition applied to them in Shippit’s Terms of Service.  

Excluded Goods means:

(a) Any item that is not currently packaged or in a box;

(b) Dangerous goods in the following categories:

1. Class 1 explosives
2. Class 4.2 substances liable to spontaneous combustion
3. Class 6.2 infectious substances
4. Class 7 radioactive material;

(c) Tobacco and tobacco products;

(e) Articles with exceptional value and/or irreplaceable nature (e.g., works of art, antiques, precious stones, gold and silver);

(f) Box with Hazardous label – Items sent with a Hazardous label attached will be classed as such. DO NOT REUSE OLD HAZARDOUS BOXES;

(g) Goods moving under ATA Carnet and all temporary exports and imports; goods moving under FCR, FCT and CAD (Cash Against Document);

(h) Human Remains, Body Parts or Body Fluids;

(i) Living animals or plants;

(j) Dead animals;

(k) Currency and negotiable instruments;

(l) Antiques, works of art or valuable documents;

(m) Personal Effects or items of sentimental significance;

(n) Home removals, or any transit involving moving household goods from one residential property to another residential property;

(o) Any Controlled and Illegal substance including Khat to all countries.

Force Majeure Event means any circumstances that is beyond our reasonable control, which includes but is not limited to:

(a)  war;

(b)  accident, civil commotion;

(c) riot;

(d) military action;

(e) sabotage;

(f) act of terrorism;

(g) vandalism;

(h) embargo;

(i) judicial action;

(j) labour dispute;

(k) an act of a government or a government authority;

(l) acts of God;

(m) earthquake;

(n) pandemic;

(o) epidemic, plague or other natural calamity;

(p) computer viruses, hacker attacks or failure of the internet or delay; or

(q) failure or default by any other supplier.

Limit Type means the level of warranty protection cover selected by You in connection with Transit Protection, which will not exceed AUD$10,000 (except where agreed in writing between You and Shippit).

Non-Delivery in relation to a good means that good not having been actually delivered to the Shipping Address in the manner authorised by you.  

Prohibited Items means items that must not be sent using our Services, including dangerous, hazardous, illegal or prohibited items.

Recipient means the company, partnership, trust, joint venture, business or individual who receives the goods delivered by us on your behalf.

Services means the transportation, delivery, operations and services we provide in connection with your goods.

Shipping Address means the address nominated by You for delivery of the goods to the Recipient.

Shipping Date means the date the goods are dispatched from your premises..

SN means an electronic copy shipment note in a form approved by us and completed by you.

Terms and Conditions means the terms and conditions contained in this document.

Transit Protection means the warranty protection services provided to You to protect your goods from loss, damage or injury

Transit Protection Fee means the fee payable to us by You for the provision of the Transit Protection which is calculated based on the Transit Protection Limitation Amount selected by you.

Transit Protection Limitation Amount means the maximum amount that can be recovered under the Transit Protection pursuant to the Limit Type selected by You before commencement of the Services.

Transit Packaging Guidelines means the Shippit transit packaging guidelines, published on our website.

https://support.shippit.com/en/articles/8942124-recommended-packaging-guidelines

‍We, us our means Shippit Pty Ltd (ACN 169 407 747), our related bodies corporate, agent, employees and contractors.

You or Your means the company, partnership, trust, joint venture, business or individual who engages us to provide the Services and we enter into a contract with for the provision of the Services and Transit Protection.

‍