When we transport non drivable vehicle the following warranty applies:
Carriers liability for loss or damage to your vehicle
1. All vehicles transported by this carrier receive coverage for loss and damage to your vehicle as referred below, unless specifically excluded by agreement with you.
2. If you have elected additional coverage for loss and damage to your vehicle as referred below, you must arrange at the time of booking and obtain approval before you give us custody of the vehicle.
You are required to declare the approved value of the vehicle in the Quotation or Booking Form.
3. If they have agreed to an amount of coverage for loss and damage for the vehicle then our liability to you is limited to the amount determined in accordance with paragraphs 6, 7 and 8.
4. Coverage is only for physical loss or damage to the vehicle while the vehicle is in the care, control or custody of (subject to exclusions and limitations set out in this Contract).
5. The Carrier™ warrants that:
a. 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 The Carrier.
You agree that if The Carrier is required to retain possession of the vehicle because you have been unable to accept physical delivery, The Carrier™ will not be liable for the condition of the vehicle if that vehicle has not been collected from The Carrier within 30 days of delivery; and
b. except where liability where has been excluded or limited by this Contract or by statute, it shall 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 The Carrier™.
6. The Carrier’s liability in respect of any vehicle excludes the following:
(a) Pre-existing damage
(b) Hail damage
(c) Insect damage
(d) Bird or bat droppings
(e) Isolated stone chips
(f) 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
(g) Loss or damage to the vehicle other than whilst in the care, custody and control of, The Carrier
(h) Mechanical or electrical derangement; and
(i) Force Majeure Event.
7. Unless you specifically exclude the carrier liability for loss or damage to the vehicle in the Quotation or Booking Form, or select a higher level of liability in the Quotation or Booking Form, in all cases where liability has not been excluded or limited by this Contract or by statute, their 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, the carrier 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 The Carrier, you agree that The Carrier shall have the full salvage rights to that vehicle or if that vehicle is later found The Carrier 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
8. If you wish to increase the limit of our liability to you for loss or damage to your vehicle pursuant to this Contract, then you may do so by agreeing to pay an additional charge of $3.30 inclusive of GST for every increase of $1,000 above the maximum limit of our liability in paragraphs 9.7(a)(iii) and 9.7(b)(ii) (which is $60,000).
9. You must submit your claim for loss or damage to the vehicle to the carrier 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 8.1, 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 The Carrier; 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.
10. In the event that you make a claim for damage to your vehicle in accordance with section 9, the carrier will conduct an investigation and at our discretion we will either:
(i) Undertake required repairs themselves through their repairers, with all costs borne by the carrier; or (ii) Settle the claim direct with yourself for such amount as determined by that investigation.