“The Company” means Freight Plus Limited and its successors and assignees or any person acting on behalf of and with the authority of Freight Plus Limited.
“The Customer” means any person who personally contracts (either as principal or agent for another) at whose request or on whose behalf the Company undertakes to provide services pursuant to these conditions.
“Goods” shall mean cargo together with any container, packaging, pallet(s) or crates etc to be moved from one place to another by way of the Company or for storage by the Company.
“Person” a reference to a person, company or other entity includes any of them.
“Legislation” a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislation provision substituted for it and a regulation or statutory instrument issued under it.
All contracts of carriage undertaken by the Company, including any services undertaken by the Company is subject to the following terms and conditions. By continuing to instruct us you agree to be bound by the terms of this agreement:
- The Company reserves the right in its absolute discretion to refuse the carriage of goods or any class of goods for any person and for any reason.
- The Customer warrants that it is the owner or the authorised agent of the owner of the Goods and that is authorised to accept and does accept these conditions for and/or on behalf of all other persons or entities who are or may later become interested in the Goods.
- Where the Customer has acknowledged in writing that the supply of services by the Company is for the Customer’s business purposes (as that term is defined in the Consumer Guarantees Act 1993) or if the Customer has actually acquired the Company’s services for such purposes, the guarantees under the Consumer Guarantees Act 1993 shall not apply to the transaction. Where the Consumer Guarantees Act 1993 does apply and there is a conflict between these terms and conditions and the Consumer Guarantees Act 1993, the Consumer Guarantees Act 1993 shall prevail and any such conflict shall not be deemed to be an attempt to contract out of the Consumer Guarantees Act 1993.
- It is the Customer’s sole responsibility to adequately address each consignment and to provide written delivery instructions to enable effective delivery. The Goods shall be deemed to have been delivered when they are physically delivered to the delivery address specified on the consignment note. A receipt or a signed delivery docket for the Goods from any person at that address shall be evidence of delivery.
- The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to accept the delivery as arranged, the Company shall be entitled to charge a reasonable fee for redelivery.
- The Company will not be insuring the Goods. The insurable risk of Goods is the sole responsibility of the Customer.
- The Goods shall comply with the requirement(s) of any applicable law relating to the nature, labelling, packaging and carriage of goods and any expenses or charges incurred by the Company in complying with any such law or requirement of any authority shall be paid by the Customer.
- The Company may charge freight by weight, measurement, or value and may at any time re-weigh, re-measure, or re-value the Goods or require the Goods to be re-weighed, re-valued or re-measured and charge proportional additional freight accordingly.
- Subject to the provisions of the Contract and Commercial Law Act 2017 imposing liability on the Company at a limited carriers’ risk basis (as defined by the Contract and Commercial Law Act 2017) in respect of the loss or damage to the Goods:
(a) The Company shall not under any circumstances be liable in any way for any loss, damage, deterioration, miss-delivery, delay in delivery, non-delivery of any Goods, any cost or penalty sustained or incurred by the Customer, the owner of any Goods or any other person (whether the Goods are or have been in the possession of the Company or not) resulting from the negligence of the Company or in connection with any quotation, advice, prediction, forecast, statement, representation or information given or made by or on behalf of the Company (whether negligently or otherwise and whether verbally or otherwise and howsoever, wheresoever and to whomsoever) to any person, whether in respect of the Goods or any other thing or matter, nor for consequential or indirect loss, loss of market or consequences of delay;
(b) The Customer will indemnify the Company against all claims of any kind whatsoever, no matter how caused or arising and whether caused or arising as a result of the negligence of the Company or otherwise, brought by any person in connection with any matter or thing done, said or omitted by the Company in connection with the Goods; and
(c) In all cases where liability has not been effectively excluded, whether by these terms and conditions or by statute or otherwise, the Goods are to be carried at owner’s risk. This means that the Company will pay no compensating if the goods are lost or damaged, unless the Company intentionally losses or damages the Customer’s Goods.
(d) Limits of indemnity:
(i) $2,000.00 for any one unit;
(ii) Limit liability of anyone conveyance to a maximum sum of $100,000.00;
(iii) Limit liability of any one accident to a maximum sum of $100,000.00.
- Sections 274 through section 280 (inclusive) of the Contract and Commercial Law Act 2017 are modified by the following provisions of this clause and shall, in relation to any matter arising out of the provisions of those sections; otherwise, have effect subject to the express terms contained in this clause. The Company shall be under no liability whatsoever unless:
(a) Written notice of a claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss is received by the Company within 7 days after delivery at the destination or, in the case of non-delivery, within 14 days after the date of despatch.
(b) An action shall have been commenced by the Customer in a court of competent jurisdiction within six months of delivery or, in the case of non-delivery, within six months and fourteen days of the date of despatch.
- All or part of any work accepted by the Company may be fulfilled by the Company engaging or entrusting the Customer’s goods to its authorised servants, agents or subcontractors (“subcontractors”) on such terms as are agreed between the Company and its servant, agents or subcontractors. The Customer acknowledges that in carrying out the work on behalf of the Company, the rights and limitations on the liability of the Company to the Customer shall extend to the servants, agents or the subcontractors of the Company or their servants or agents all of whom have the right to rely on the benefit of these conditions.
- The Customer undertakes not to make any claim against any servant, agent or subcontractor of the Company which attempts to impose upon any of them any liability whatsoever in connection with the Goods and, if any such claim should nevertheless be made, the Customer indemnifies the Company and any such servant, agent or subcontractor against all consequences thereof.
- The Customer agrees to pay the Company’s charges and those of any subcontractor engaged by the Company and any other costs incurred or money expended by the Company in connection with the delivery of goods in full on the date specified in the invoice. Until such payments are received, the Company is under no obligation to release any of the Customer’s Goods in the possession of the Company or its subcontractors.
- Freight shall be considered earned as soon as goods are loaded and despatched from the Customer’s or their designated premises. Should payment in full for any sum not be made to the Company on the due date then the Customer shall pay interest on the outstanding amount at the rate of 2.5% per month calculated daily from such date. The Customer shall also be liable for any dishonour fees incurred by the Company.
- If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company on demand for reimbursement of any costs incurred in obtaining or attempting to obtain payment for any outstanding amounts due to the Company by the Customer including legal costs on a solicitor-client basis and/or agency collection cost.
- In addition to the rights of lien contained in section 285 of the Contract and Commercial Law Act 2017, all goods shall, immediately then come into the possession of the Company or any subcontractor or agent of the Company, be subject to a particular and general lien and right of detention for all monies due or which may become due to the Company by the Customer or the consignee, consignor or owner, whether in respect of such goods or otherwise. If the lien is not satisfied within 7 days or, in the case of perishable goods, within three days, after notice has been given to the person from whom the monies are due that such goods are being retained, then they may be sold by auction, tender, private treaty or otherwise at the sole discretion of the Company and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale shall be without prejudice to any other rights or remedies of the Company. If the Company, in its sole discretion, deems the Goods to be unsaleable the Company may dispose of the Goods as it thinks fit without any liability to the Customer. If the Goods are not owned by the Customer, the Customer hereby indemnifies the Company against all claims of whatsoever nature by the owner or owners of the Goods.
- If at any time the Customer is in breach of an obligation (including those relating to payment) to the Company, the Company may suspend or terminate the supply of services to the Customer and any of its other obligations under the terms and conditions and the Company shall not be liable to the Customer for any loss or damage the Customer may suffer because the Company exercised its rights under this clause.
- The Company shall be entitled to set off any amounts due to the Customer. The right to any set-off shall apply irrespective of any receivership or liquidation of the Customer.
- The Customer has no right to set off any amounts due from the Company or deduct from the price, whether liquidated or contingent (including goods claimed to be damaged by the Company or its subcontractors or agents), any amounts owed or claimed to be owed to the Customer by the Company.
- If any provision of these conditions is unenforceable by the Company, such unenforceability shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision or any other provision hereof.
- The Customer and the Company agree that the law that shall apply in respect of the terms and conditions herein, or any matter arising in relation to the carriage of goods, shall be the laws of New Zealand and the appropriate jurisdiction in respect of any claim or dispute arising hereunder shall be subject to the jurisdiction of the Courts of New Zealand.
- The Company reserves the right to review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change.
- The Company shall, at its absolute discretion, decide the method and route by which the Goods shall be carried and by whom.
- The Customer warrants that all goods have been labelled correctly and that the contents of the packages are adequately and securely packaged, wrapped and cushioned for transportation.
- All goods pertaining to a claim need to be retained by the receiver to enable the Company to complete a thorough investigation into any claim brought against it. Destruction or loss of received items will remove the Company’s liability in respect of those items.