SendThat ‘SendGuard Warranty’ Terms and Conditions

General
  • 1. By opting into any of the three levels of SendGuard Warranty, SendThat 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 SendThat or their agents, subject to the limitations and exclusions set out here under (the "SendGuard Warranty").”
  • 2. The SendGuard Warranty applies to all goods consigned on each Customer’s unique account number, as well as all cash sale consignments.
SendGuard Warranty Claims
  • 3. Any claim under the SendGuard Warranty for damage to or loss of Goods ("Claim") must be made online. Contact our team for further assistance.
  • 4. The Customer must notify SendThat in writing of any Claim within the following time limits:
    • a) where the Receiver has indicated in writing on the Proof of Delivery or has records that they have informed SendThat damage has occurred in respect of the Goods, within seven (7) 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 seven (7) days from the date of delivery of the Goods to the Delivery Address;
    • c) in respect of Claims for non-delivery, within seven (7) days after the expected date of delivery for that item/consignment note.
  • 5. The Customer may only make one (1) Claim per consignment.
  • 6. The Customer must provide to SendThat with any Claim, documentary evidence acceptable to SendThat (for example a copy of the supplier’s invoice or evidence of actual cost of manufactured goods) as proof of value of the Goods.
  • 7. Where the customer makes a valid Claim, SendThat reserves the right to pay the Claim directly to the Customer by credit note to the Customer's account.
  • 8. Claims will only be paid by SendThat in respect of any Claim after the Customer has paid all outstanding amounts owed by the Customer to SendThat on their account, so that the account is within agreed trading terms.
SendGuard Warranty Limitations
  • 9. The SendGuard Warranty 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 SendGuard Warranty 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 SendThat under the SendGuard Warranty is the lesser of:
      • i) the selected SendGuard Warranty Limitation Amount of $100.00, $750.00 and $1,500.00 or;
      • ii) the cost price of the Goods, as supported by documentary evidence acceptable to SendThat (for example copy of the supplier’s invoice or evidence of actual cost of manufactured goods).
    • c) GST and freight charges relating to the consignment covered by the SendGuard Warranty shall not be included in the calculation of any amount payable under the SendGuard Warranty in respect of the Goods and any payment by SendThat arising out of any Claim made by the Customer will be exclusive of GST.
    • d) Where a claim has been paid in full for goods damaged, SendThat reserves the right to take possession of the goods as salvage and to dispose of such goods as it sees fit.
SendGuard Warranty Exclusions
  • 10. SendThat will not be liable for any Claims made by Customers in any of the following circumstances:
    • a) Where the Customer has not paid the SendGuard Warranty charge;
    • b) Where the Customer is not the account holder (unless the consignment is on a cash sale basis);
    • c) Where the Customer fails to submit the Claim to SendThat within the relevant time limits set out above;
    • d) Where SendThat is in possession of an unendorsed proof of delivery form for the consignment;
    • e) Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
      • i) currency; negotiable instruments; jewelry; gemstones; precious metals; antiques; works of art; drugs; weapons; living animals or plants; cigarettes, tobacco and tobacco related products; valuable documents; glass or glass related products.
    • f) Where the Goods have not been packed in the original manufacturer's packaging or the equivalent, and/or SendThat in its reasonable opinion considers the Packaging of the Goods to be inadequate for road, rail, sea or air transportation;
    • g) Where the Goods were not adequately labelled or no label exists on the consignment;
    • h) Where the Goods are determined by SendThat to have been defective prior to the Carriage;
    • i) Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of SendThat, have been caused by the Carriage;
    • j) Where SendThat fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of SendThat own employees or those of others and whether or not SendThat 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 SendThat;
    • k) Where the goods have been lost or damaged as a result of derailments, collisions, overturning;
    • l) Where the Delivery Address is a post office box, a roadside drop or postal mail box.
Amendments to Terms and Conditions of Contract
  • 11. SendThat reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.