In plain terms
What is NOT covered
THE FULL TERMS
9. Our Warranty
9.1 Subject to the limitations and exclusions set out in paragraph 10, your Transport Provider warrants that it shall deliver the vehicle to the location identified in the Quotation or Booking Form in the same condition that the vehicle was delivered to your Transport Provider . However, you agree that if your Transport Provider is required to retain possession of the vehicle because you have been unable to accept physical delivery, your Transport Provider will not be liable for the condition of the vehicle if that vehicle has not been collected from your Transport Provider within 30 days of delivery.
9.2 Except where liability has been excluded or limited by this Contract or by statute, we will be liable to you for loss or damage to your vehicle which occurs or arises while your vehicle is in the care, custody or control of your Transport Provider .
10. Our liability for loss or damage to your vehicle
10. The services are supplied at your risk. You:
a) bear all risk of loss or damage to the vehicles, unless we have agreed to accept liability for loss or damage to the vehicle in accordance with this paragraph 10, in which case we are liable to pay you only up to the limits determined in accordance with this paragraph 10; and
b) bear all risk of loss or damage arising in connection with the vehicle
10. All vehicles transported by us receive coverage for loss and damage to your vehicle as set out below.
10. Coverage is only for physical loss or damage to the vehicle while the vehicle is in the care, control or custody of your Transport Provider (subject to exclusions and limitations set out in this Contract) and does not include coverage for loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the motor vehicle, which is entirely at your risk.
10. In all cases where liability has not been excluded or limited by this Contract or by statute, our liability to you will be limited as follows:
a) if the vehicle is stolen and not recovered within a reasonable time or totally written-off, your Transport Provider will be liable for the lesser of:
i. the vehicle’s value which you declared in Quotation or Booking Form;
ii. the vehicle’s market value at the time of your claim; and
If the vehicle has been stolen or deemed to be totally written-off and payment is made to you by your Transport Provider, you agree that your Transport Provider shall have the full salvage rights to that vehicle or if that vehicle is later found your Transport Provider shall have full ownership rights over that vehicle.
b) if the vehicle is damaged, we will be liable for the lesser of:
i. the cost of repairs of the vehicle; and
10. Your Transport Provider’s liability in respect of any vehicle excludes the following:
a) Damage to the vehicle that is not noted and signed for electronically or on your delivery documentation at the time of delivery (in accordance with industry standard, damage will be assessed, and must be visible, from a 1m distance);
b) Pre-existing damage, hail damage, insect damage, bird or bat droppings, stone chips, loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the motor vehicle, loss or damage to the vehicle other than whilst in the care, custody and control of your Transport Provider, mechanical or electrical derangement, or loss or damage caused in connection with a Force Majeure Event; or
c) any indirect, special or consequential losses including but not limited to loss of profits, loss of business and pecuniary loss howsoever caused or arising.
10.8 Unless and to the extent our warranty in paragraph 9 applies and subject to this paragraph 10, we and the persons referred to in paragraph 3.2 are not liable to you or any other person for any loss or damage arising from the supply of or failure to supply services, and whether in contract, tort including negligence, breach of duty as bailee, breach of statutory duty, or our wilful act or default
11. Claims for loss or damage to your vehicle
11.1 If you believe we are liable to you for damage caused to a vehicle in the course of delivery, you must:
a) note, or ensure that the driver of the delivery vehicle notes the damage electronically or on your delivery documentation at the time of delivery;
b) notify us immediately;
c) not repair your vehicle unless otherwise authorised by us; and
d) send your written claim request to us within the timeframes set out in paragraph 11.2. If we do not receive a written claim request from you within that time, we will have no liability to you.
11.2 You must submit your claim for loss or damage to the vehicle to us in writing, in the case of:
a) visible damage to the vehicle which was not identified at the time we accepted your vehicle for delivery, prior to taking delivery of the vehicle;
b) visible damage to the vehicle which was notified in accordance with paragraph 11.1, no later than 2 days after taking delivery of the vehicle;
c) non delivery of the vehicle; no later than thirty (30) days from the date the vehicle is placed with your Transport Provider ; and
d) any other claim, no later than two days after delivery of the vehicle or the date by which the vehicle should have been delivered, and failing receipt of such notice we shall be forever discharged from any and all liability to any person (including you) in respect of the vehicle and/or the services.
11.3 In the event that you make a claim for damage to your vehicle in accordance with this paragraph 11, we will conduct an investigation and at our discretion we will either:
a) Undertake required repairs ourselves through our repairers, with all costs borne by us; or
b) Request you provide 2 independent repair quotes, your Transport Provider reserves all rights for repair authorisation.
11.4 Notwithstanding your claim request, you remain liable to pay our charges under this contract.
11.5 We will have no liability to you, even if you give us a written notice within the time set out in paragraph 11.2, if you do not commence legal proceedings against us within 6 months after the date of delivery.