TERMS AND CONDITIONS
1 DEFINITIONS
1.1. In these terms and conditions of supply of services:
“carriage” includes any incidental service; and carry has a corresponding meaning
“carrier” means a person who, in the ordinary course of his business, carries or procures to be carried goods, either by himself or through his employees or agent, owned by any other person, and includes a person who, in the ordinary course of his business, performs or procures to be performed any incidental service in respect of any such goods. Where relevant it includes the truck or other vehicle transporting the goods.
“contract of carriage” means this contract, including the Terms and Conditions.
“goods” means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value.
“Guarantor/s” means the person(s), firm, company, trust or other entity having executed the Guarantee and Indemnity of this Contract and includes their heirs, successors and assigns;
“incidental service” in relation to any goods, means any service (such as that performed by consolidators, packers, stevedores, and warehousemen) the performance of which is to be or is undertaken to facilitate the carriage of the goods pursuant to a contract of carriage.
“owners risk” is a type of contract under section 8 of the Carriage of Goods Act 1979 under which the carrier shall not be liable for the loss of or damage to any goods, except where the loss or damage is intentionally caused by the carrier:
“unit of goods” or “unit” means the entire load of owners goods on the carrier (truck or such other vehicle that may be used to transport the goods)
“loss” in relation to any goods, includes the non-delivery or destruction of the goods and direct or consequential loss whether financial or otherwise.
“Owner” means the person(s), firm, company, trust or other entity, who own the goods and, includes their authorised signatory who has signed this document and describes and includes the term guarantor;
“Parties” means the Owner and the Company collectively;
2 TYPE OF SERVICE – OUR RESPONSIBILITIES
2.1. We will carry out carriage and incidental services with care and to the best of our ability but strictly on “owner’s risk” basis.
2.2. We will not be liable for the loss of or damage to any goods except where the loss or damage is intentionally caused by us.
2.3. Any estimates of pick up or delivery times provided by us are estimates and not commitments and no delay will entitle you to cancel this contract.
2.4. (i) The standard service we provide for moving of household goods is the provision of one or two man and a carrier, who will provide carrier and incidental services from the loading site to the unloading site.
2.5. We will choose the truck or other carrier that we consider suitable. However, you are free to discuss this with us at least 120 hours before loading date and time.
2.6. Where we are unable, for whatsoever reason, to supply the service agreed to, we shall notify you as soon as is reasonably possible, and this contract (or that particular contract if there are multiple contracts) shall be at an end.
2.7. No costs, charges, penalties or damages shall be payable by us to you or any other person due to delay(s) in providing services or on cancellation of this Contract by us.
2.8. Contracts once entered into may be varied only with our written consent, and costs, if any, incurred in the variation shall be passed on to you.
2.10. Our responsibility of the goods begins at the loading site when the goods are accepted by us for carriage and incidental services and ends when the goods are delivered at the unloading site.
2.11. We are under no duty or obligation to accept or carry goods that are offered to us for carriage. We may, in our absolute discretion, refuse to carry any goods, or undertake to carry them subject to such reasonable terms and conditions as we may require having regard to the circumstances of the case.
2.12. We may refuse to accept any goods for carriage unless the freight is pre-paid.
2.13. Where any goods are not collected by you forthwith after our responsibility ends we are entitled to remove the goods at your expense to suitable premises for storage. In such case we are entitled to an active and particular lien over the goods. Unless otherwise agreed to in writing, where the goods remain unclaimed for 3 days or rejected and in our custody we may sell, destroy or otherwise dispose of the goods. We can sell the goods at any price without due consideration for market value, deduct our freight, interest, legal and other costs and refund the net surplus, if any, to you. If the sale proceeds are inadequate to covers the freight and costs you continue to be liable to pay the shortfall. If the goods are destroyed or otherwise disposed of, the reasonable expenses incurred by us shall be recoverable from you. Where the goods are sold, destroyed or otherwise disposed off, we shall not be liable for any loss direct or consequential to you or any other party.
2.14. We are not IT specialists, electricians, carpenters, technicians, plumbers, carpet layers, builders, tradesmen, etc. and are not authorized or qualified to carry out work in those fields such as disconnecting, re-connecting, dismantling, re-assembling, specialized handling, etc. Accordingly, specialist work should be carried out by properly qualified person employed by you.
2.15. We will not uplift goods from or deliver to unhygienic, filthy, infested, unlit, unsafe or prohibited areas.
3 YOUR OBLIGATIONS
3.1 You undertake to sign this Contract and if for any reason you do not but you still utilize our carrier and incidental services you shall be deemed to have agreed to these terms and conditions.
3.2 You warrant that the goods you instruct us to provide carriage and incidental services for are yours or you are otherwise authorized to deal with them.
3.3 You warrant that except where you make specific disclosure, your goods are fit to be carried and stowed in accordance with the Contract in the condition and packed in the manner in which they attended for carriage.
3.4 You warrant that the goods forwarded to us do not violate the provisions of the Explosives Act 1957, The Restricted Drugs Act 1960, the Radiation Protection Act 1965, The Dangerous Goods Act 1974 or any other enactment relating to goods of particular nature or class.
3.5 You undertake to provide us with accurate information about the goods (including if any are fragile, large and/or heavy), correct street address, size and nature of the loading and unloading premises (including any difficulty to access, number of floors, issues with smaller/narrower than required doors/access ways to move the goods, etc.), services you require, the relevant date and time services are required, parking facilities at the loading and unloading sites, issues of concern and all other relevant information.
3.6 If you consider our standard service of one or two man and a carrier inadequate for your particular case you need to inform us.
3.7 Prior to our arrival you must keep all goods ready for carriage and incidental services, including by disconnecting, draining, keeping clean and dry all fridges, deep freezers, dishwashers, microwave ovens, cookers, appliances, utensils, dishes, lawnmowers, mechanical, electrical, electronic and other equipment
3.8 You agree that it is your responsibility to be present or represented at the loading and unloading site to sign this Contract (if not signed earlier), take decisions, provide instructions, generally do all that is necessary to facilitate the process and pay our costs.
3.9 You should arrange for full insurance cover of all your goods submitted to us for transit as we will not be liable for the loss of or damage to any goods except where the loss or damage is intentionally caused by us. This provision shall apply even where the goods are packed by us.
3.10 You must arrange, at your cost, (i) any permit, licence or other document necessary for the removal and delivery of goods; and (ii) our parking at both the loading and unloading sites.
3.11 You undertake to pay the full freight without any deductions or set-offs.
4 COSTS
4.1. If requested, we will provide cost estimates based on the information provided to us by you. These are not quotes and, being estimates, are liable to change subject to actuals.
4.2. “Cost estimates; unless otherwise stated in writing, shall mean the estimate cost of standard service (as stated in clause 2.4(i), but excludes, duties, demurrage, parking costs, tolls, requirement of additional labour, re-direction, dimensions, weight or access conditions not accurately stated, and any other cost or service, which in our sole opinion is not standard.
4.3. “Costs” or “freight” will be our final invoice on actuals for labour, carrier, duties, surcharge, demurrage, parking costs, tolls, or any other fee, charge or cost incurred or paid by us or liable to be paid by us.
4.4. The parties agree that the freight charged under this Contract would differ from the amount that the company would have charged for the same carriage at limited carriers risk basis. The owner agrees that the difference in the amounts charged justifies this contract to be at owner’s risk contract.
5 PAYMENT
5.1. You agree to pay our costs/costs estimates when due, which is: (i) in advance, if we so require, (ii) generally, forthwith on delivery of the goods at the unloading site; or (iii) in special circumstances, as we may otherwise stipulate in writing.
5.2. You agree to make all payments in full without any deduction or right of set off or counter claim.
5.3. Payment may be made by cash or bank transfer. Time is of the essence for payment.
5.4. If payment in full is not received we shall be entitled to recover from you as a debt:
i. The balance in full without any deduction or right of set off or counter claim;
ii. Interest on the balance charged on a daily basis at a rate equal to 5 per cent per annum over and above the Company’s principal banker’s overdraft rate from time to time from the date payment is due to the date of actual payment;
iii. A service charge of 0.15% per day on the overdue balance.
iv. All collections costs incurred by the Company including court costs, legal expenses on a solicitor and client basis, and any debt collection costs and commissions.
5.5. Where clause 5.4 applies, all payments made shall firstly be allocated towards fees and charges referred to in clauses 5.4 iii and 5.4 iv thereafter to interest as set out in clause 5.5 ii and finally to the outstanding balance. However, the Company may choose to allocate the monies received in any other order.
6 LIABILITY
6.1 As this is an owners risk contract we are not liable in contract, in tort or otherwise for the loss of or damage to any goods, except where the loss or damage is intentionally caused by us. To clarify, we are also not responsible for any direct or indirect loss or consequences, monetary or otherwise, that may arise due to our handling of the goods.
6.2 Any claim under clause 6.1 must be made on the day of loading/unloading. No claim for intentional loss or damage will be allowed unless the Owner gives written notification of the alleged loss or damage together with irrefutable evidence of the claimed intentional loss or damage within 24 hours of the delivery. Notice is required even if, in the opinion of the owner, it is apparent from all the circumstances of the case that we are or ought to be aware of the damage or partial loss. All notices must be in writing to the Company. Under no circumstance can an action be bought against us for the alleged intentional loss or damage of any goods occurring while we are responsible for them after the expiration of 20 days from the date on which our responsibility for the carriage of the goods ended.
6.3 While we provide utmost care and attention to your house and property in carrying out your move there remains a risk, for which we are not responsible, of marking/ scuffs to door frames, internal walls and stairwells especially when handling larger furniture and white ware items. While the risk is low, all work carried at either the loading or unloading site will be carried out strictly at “Owners Risk.” Particularly note that we are not liable for damage caused by vehicles to lawns, driveways, footpaths, underground pipes, cables, sewerage and other underground installations. Should our staff be instructed by you, the property occupier, move initiator, consignor, consignee or Shipper, or any person acting on their behalf to drive, park or manoeuvre vehicles in or near an area where such damage is likely to occur, compliance with such instructions will not in any way involve the Company or its Insurers in responsibility for any subsequent damage which may be sustained. Such responsibility will rest solely in the hands of the Owner, Consignor, Consignee, Shipper or initiator.
6.4 We are not liable for baggage that is left in our custody whether it is ending our acceptance of it for carriage, pending our actual removal of the baggage or pending its collection from us after completion of the carriage – i.e. when it has reached its delivery address.
6.5 We are not liable for loss of or damage of goods occurring while we are handling them under this contract to the extent that the loss or damage resulted directly from:
(i) Inherent vice;
(ii) Any breach of either the express or implied terms in the contract;
(iii)Seizure under legal process; or
(iv)Saving or attempting to save life or property in peril.
6.6 No employee or agent of ours shall be liable to you for the loss of or damage of any goods except where you can provide irrefutable evidence that such damage or loss was intentionally caused by us, the employee or agent.
6.7 Where goods are not in their original manufacture’s packing they are liable to be unfit to be carried; in such a case we accept no liability. We clarify that as this is at owner’s risk contract, we do not accept liability even if the goods are in their original manufacture’s packing.
6.8 Where any goods are sold or destroyed or otherwise disposed of by us under this contract we shall not be liable in respect of that sale, destruction or other disposition; but that sale, destruction or other disposition shall not affect any owner’s liability for any loss or damage that has already occurred in respect of the goods before the sale, destruction or other disposition.
7. REPRESENTATION & INDEMNITY
7.1 None of our staff, agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Manager of the Company in writing nor are we bound by any such unauthorised representations, statements, conditions or agreements.
7.2 We will not be liable for consequential or other damages.
7.3 Except to the extent that cannot be contracted out by law, we, our representatives and or agents shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by you or another person and whether such loss or damage arises directly or indirectly from our carriage and/or incidental services and without limiting the generality of the foregoing of this clause shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss. Without limiting the generality of the exclusion of liability above, it is specifically stated that the guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire our services for the purposes of a business.
8 MISCELLANEOUS
8.1 We may, but you may not, vary or replace this Contract. You agree to sign any variation or replacement of the Contract if you want us to provide carriage or incidental services.
8.2 You may not assign all or any of your rights or obligations under the Contract without our prior written consent. However, we may assign our rights and obligations under this Agreement.
8.3 We are not bound by any error or omission on any invoice or other document or statement issued by us.
8.4 Where we have rights and remedies at law or otherwise in addition to the rights set out in the Contract, those rights and remedies will continue to apply.
8.5 The governing laws and jurisdiction for any dispute is New Zealand.
8.6 The headings are only for purposes of convenience and not to be use in interpretation of the clauses.
8.7 The singular includes the plural and one gender includes the other.
8.8 The terms and conditions contained herein constitute the entire Contract between the parties. You agree that no representations have been made by us or on our behalf which has induced you to enter into this Contract.
8.9 No relaxation or indulgence granted by us to you shall be deemed as a waiver of any of our rights in terms of this Contract and such relaxation or indulgence shall not be deemed a variation of any terms and condition of this Contract.
8.10 All Prices stated on the website are in New Zealand Dollars (NZD).