FreightSafe Warranty Terms & Conditions

Hands Free Luggage will provide to the Customer a limited guarantee against loss of, damage to, or delay in the delivery of Goods during the Carriage for which it is liable, including while the Goods are in the control and/or possession of Hands Free Luggage or their contractors and agents for the purpose of carriage, subject to the terms and conditions set out hereunder, hereinunder referred to as the FreightSafe Warranty.

The FreightSafe Warranty applies by default to every Bag booked for Carriage, where the Customer has paid the FreightSafe Warranty Charge, subject to the FreightSafe Warranty Limitation Amounts set out in clause 14.

The FreightSafe Warranty Charge is $10.00 plus GST per Bag, payable by the Customer at the time the Bag is booked for Carriage.

The FreightSafe Warranty is in place from when the Goods are first moved outside of the premises at which loading takes place for the purpose of being immediately loaded onto the conveying vehicle, ending when the Goods are last moved when being delivered at the destination point associated with the freight booking, or any earlier point where the ordinary course of transit has been interrupted.

In the circumstances where the loss of, damage to, or delay in the delivery of Goods is partly caused by an event or incident that is the responsibility of Hands Free Luggage under these terms and conditions, but also partly caused by an event outside its reasonable control, Hands Free Luggage will assess the extent to which its actions or inactions have caused or contributed to the loss, damage or delay suffered by the Customer and the extent to which the loss, damage or delay was caused by something that was not within the control of Hands Free Luggage (i.e. a natural disaster event). Claims under the FreightSafe Warranty will be assessed on this basis and an offer to compensate the Customer will be made for the share of responsibility that Hands Free Luggage has for causing or contributing to the loss, damage or delay.

Any claim under the FreightSafe Warranty for damage to, loss of, or delay in the delivery of Goods (“Claim”) must be made online, using the online claim form https://claimform.freightsafe.com/hfl

The Customer must notify Hands Free Luggage in writing of any Claim within the following time limits:

1. where the recipient of the consignment has indicated in writing on the proof of delivery record or has records that they have informed Hands Free Luggage that damage has occurred in respect of the Goods, within seven (7) business days from the date of delivery of the Goods to the delivery address;
2. where the recipient of the consignment has acknowledged that the Goods have been delivered and received in good order and condition, within 24 hours or one (1) business day from the date of delivery of the Goods to the delivery address;
3. in respect of Claims for non-delivery or loss, within fourteen (14) business days from expected delivery date;
4. where the Goods have been delivered, whether under an Authority to Leave or otherwise, and the receiver has not acknowledged delivery, within twenty four (24) hours or one (1) business days of the date of delivery. The notification of Loss must be supported by photographs of any damage or destruction and must clearly identify the Goods and show any identifying marks or serial numbers;
5. in respect of Claims for delay, within five (5) business days after the expiry of the Allotted Transport Time for the relevant route as set out in the Transit Time Schedule (Schedule 1).

A Claim for delay will only be valid, and the FreightSafe Warranty will only respond to a delay, where:

1. the Customer booked the Bag for Carriage allowing at least the Allotted Transport Time for the relevant route as set out in the Transit Time Schedule (Schedule 1); and
2. the Bag was not delivered within that Allotted Transport Time.

For the avoidance of doubt, no Claim for delay will be payable where the Bag was booked for Carriage allowing less time than the Allotted Transport Time for the relevant route, or where the Bag was delivered within the Allotted Transport Time.

The Customer may only make one (1) Claim per Bag.

The Customer must provide to the claims administrator, FreightSafe, with any Claim, documentary evidence acceptable to Hands Free Luggage and FreightSafe as proof of value of the Goods. This may include, but is not limited to, the supplier’s invoice or evidence of actual cost of manufactured goods, as well as a sales invoice where applicable. In respect of a Claim for delay, the Customer must also provide evidence of the date the Bag was booked for Carriage and the date (if any) on which the Bag was delivered.

Where the Customer makes a valid Claim, Hands Free Luggage reserves the right to pay the Claim directly to the Customer by credit note to the Customer’s account.

Claims will only be paid by Hands Free Luggage in respect of any Claim after the Customer has paid all outstanding amounts owed by the Customer to Hands Free Luggage on their account, so that the account is within agreed trading terms.

The FreightSafe Warranty is subject to the following limitations:

1. Claims are limited to loss of, damage to, or delay in the delivery of 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 of, damage to, or delay in the delivery of the Goods.
2. The FreightSafe Warranty covers only clothing, footwear and toiletries carried within a Bag. No other items are covered by the FreightSafe Warranty, and no Claim will be paid in respect of any items other than clothing, footwear and toiletries (see also the Excluded Goods provisions in clause 15).
3. The maximum amount that may be claimed from Hands Free Luggage under the FreightSafe Warranty is:
   1. in respect of loss of or damage to a Bag, the lesser of:
      1. the FreightSafe Warranty Limitation Amount of $500.00 per Bag;
      2. the cost price of the Goods, as supported by documentary evidence acceptable to Hands Free Luggage and FreightSafe (for example a copy of the supplier’s invoice or evidence of actual cost of manufactured goods); and
      3. the repair cost for the Goods, where confirmed that the Goods can be reasonably repaired;
   2. in respect of delay in the delivery of a Bag, $250.00 per Bag, where the conditions set out in clause 8 are met; and
   3. in any event, a maximum aggregate amount of $1,000.00 across all Bags that are the subject of one or more Claims arising from the same booking or consignment, regardless of the number of Bags lost, damaged or delayed.
4. Where there is no invoice value for the original purchase price (cost) of the Goods, 65% of the sales/retail value of the item will be used as the basis of valuation.
5. GST and freight charges relating to the consignment covered by the FreightSafe Warranty shall not be included in the calculation of any amount in respect of the Goods. Any payment by Hands Free Luggage arising out of any Claim made by the Customer will be exclusive of GST.
6. Where a claim has been paid in full for goods damaged, Hands Free Luggage reserves the right to take possession of the goods as salvage or to dispose of such goods as it sees fit.
7. In the event of loss or damage to used or secondhand Goods, Claims that meet the conditions of the FreightSafe Warranty will be paid at the current depreciated market value of the goods, as determined by Hands Free Luggage and FreightSafe.
8. In the event that there is no visible evidence of damage occurring during Carriage, or Hands Free Luggage and FreightSafe determine that the condition of the goods post-delivery was likely the condition that preceded the commencement of Carriage, Claims for damage will not be paid unless the Customer can supply reasonable evidence of the condition of the Goods prior to Carriage.
9. There is no coverage for any third party liability, cost or expense (direct or indirect) arising out of or in connection with the carriage of or loss of Dangerous Goods.

Hands Free Luggage will not be liable for any Claims made by Customers in any of the following circumstances:

1. where the Customer is not the account holder (unless the consignment is on a cash sale basis) or has not paid the FreightSafe Warranty Charge;
2. where the Customer fails to submit the Claim to Hands Free Luggage within the relevant time limits set out above;
3. where Hands Free Luggage’s records confirm successful delivery, including goods claimed as lost following an authorised unattended delivery (delivered with an Authority to Leave), and, in respect of a Claim for delay, where Hands Free Luggage’s records confirm delivery within the Allotted Transport Time;
4. where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:
   1. currency; negotiable instruments; antiques; works of art; medicines, drugs and pharmaceutical products of any kind; electronic equipment and electronic devices of any kind; jewellery, watches, precious metals and precious or semi-precious stones; weapons; living animals or plants; cigarettes, tobacco and tobacco related products; valuable documents; personal effects or items of sentimental significance; and irreplaceable items;
   2. home removals or any transit involving moving household goods from one residential property to another residential property;
   3. perishable items or items requiring refrigeration or a temperature-controlled environment unless they were consigned in a suitable temperature-controlled environment provided or approved for use by Hands Free Luggage or its contractors and agents;
   4. any Goods other than clothing, footwear and toiletries;
5. where the Bag or the Goods have not been packed sufficiently to mitigate transport related risks, and/or in the reasonable opinion of Hands Free Luggage or FreightSafe, the packaging of the Bag or the Goods did not comply with the Packaging Guidelines or other industry standard relevant to the nature of the Goods or is otherwise of an insufficient standard to withstand the transit of the Goods;
6. where the Bag was not adequately labelled or no label exists on the consignment;
7. where the Goods cannot be readily identified, including any identifying marks, serial numbers or other identifying codes, to establish what was damaged;
8. where damage or loss 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 Hands Free Luggage and FreightSafe, have been caused by the Carriage;
9. where damage or loss to the Goods is attributable to wear and tear, ordinary leakage, ordinary loss in weight or volume or inherent defect or vice of the Goods;
10. where loss of or damage to Goods occurs, or delay in the delivery of Goods occurs, or Hands Free Luggage fails, delays or is unable to carry out its obligations under this contract, due to strikes and/or lockouts (whether of Hands Free Luggage’s own employees or those of others and whether or not Hands Free Luggage could have avoided the same by acceding to the demands of the employees responsible for such action), any impacts of a communicable disease, weather events, war, terrorism, warlike acts or threats (including the use of weapons), cyber-attack, expropriation, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control of Hands Free Luggage;
11. where the goods have been lost or damaged as a result of derailments, collisions, overturning;
12. where the delivery address is a post office box, a roadside drop or postal mailbox and Hands Free Luggage considers this means the consignment could be reasonably accessible by someone other than the intended recipient/addressee of the consignment.

Hands Free Luggage reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer. This includes the Transit Time Schedule set out in Schedule 1, which may be updated by Hands Free Luggage from time to time.