Make sure to read our Terms and Conditions below before submitting your job form.
Definitions
1.1 In these terms unless the context otherwise requires:
Company means Whangarei Hiab & Cartage Limited
Company’s Standards means the rules, standards and procedures referred to in clause 4.1.
Customer means any person, company or other entity which engages or hires the Company to undertake the Service
Service means:
(a) the hire of the Company’s Vehicle and driver for the transport and delivery of the Customer’s goods; and
(b) any advice, information or other services provided by the Company to the Customer.
Vehicle means the vehicle provided by the Company for the purpose of providing the Service.
1.2 Other capitalised terms, if any, have the meaning given in these terms.
2.1 The Company will carry out the Service for the Customer on the terms set out in these terms of trade.
3.1 The Company will maintain at its own expense all necessary permits, licences, approvals, authorisations and consents required for the performance of the Service.
4.1 The Company may establish reasonable rules, standards and procedures for the safe and effective handling and delivery of the Customer’s goods.
4.2 The Customer must comply with the Company’s Standards at all times.
4.3 The Customer must immediately give the Company full written particulars of any non-compliance with the Company’s Standards by the Customer or any other person.
4.4 The Company reserves the right to refuse to carry any goods or to refuse to provide the Service in relation to certain goods at its discretion and in the event that the Customer has not accurately declared the goods to the Company’s satisfaction then the Company may cease to provide the Service at any time and without notice to the Customer
5.1 The Vehicle and driver will be available during the hours of work agreed on by the Company and the Customer from time to time.
5.2 The Company may subcontract all or any part of the Service to another person or entity provided that such person or entity is reasonably qualified and capable of providing the Service and these terms will apply to any subcontract of the Service.
6.1 The Customer will pay the Company’s standard charges plus GST for the provision of the Service by no later than the 20th day of the month following the month in which the Company invoices the Customer for the Services. Payment of all amounts due under these terms by the Customer must be without set-off or deduction of any kind.
6.2 In addition to the Company’s standard charges the Customer will be liable to pay:
(a) Any third party charges incurred or payable in relation to the Service;
(b) A cancellation charge if the Customer cancels any instructions to the Company prior to the Service being completed;
(c) Any fines, costs or charges incurred in relation to any under-declared goods;
(d) Any permit and associated costs required or incurred due to the specific nature or size of the goods.
6.3 Any charge or other amount which is not paid by the Customer when required and directed by the Company will incur interest at the rate of 14 percent per annum calculated on a daily basis from the due date for payment until the date payment is actually received by the Company. The Customer will also pay the Company on demand for all costs and expenses incurred by the Company (including the Company’s debt collection and legal fees (on a solicitor and own client basis)) in connection with the enforcement or attempted enforcement of any of the Customer’s obligations under these terms.
6.4 The Customer will not incur any liabilities on behalf of the Company.
7.1 All goods carried by the Company under these terms will be carried at “owner’s risk” in terms of subpart 1 of Part 5 of the Contract and Commercial Law Act 2017 and the Customer must indemnify the Company to that extent in respect of any claim against the Company for loss or damage occurring while the goods are in the possession or under the control of the Company.
7.2 Customer agrees that as the Services and carriage of Customer’s goods is at “owner’s risk” as specified in clause 7.1, the Company is not liable for the loss of or damage to the Customer’s goods in any circumstances, except where the loss or damage is intentionally caused by the carrier. Without limitation to the foregoing, the Company will not have any liability for any damage, loss, deterioration, misdelivery, delay or non-delivery of the goods nor for any instruction, advice or information given to the Customer or any other person in the provision of the Service nor for any loss, costs, or claim arising (including, without limitation for loss or profits, consequential loss or otherwise) directly or indirectly from any damage or loss to the goods, the acts or omissions of the Company or any employee, agent or contractor of the Company.
7.3 Where the Customer is a business (as defined in the Consumer Guarantees Act 1993) the Customer agrees that it is instructing and engaging the Company for the purposes of the Customer’s business and accordingly the provisions of the Consumer Guarantees 1993 do not apply to the provision of the Service by the Company.
7.4 To the maximum extent permitted by law the parties contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986.
8.1 The Customer warrants that it is the owner of the goods or has been expressly authorised by the owner to engage or instruct the Company to provide the Service.
8.2 The Service is provided and the goods are handled, transported and delivered entirely at the Customer’s risk.
Delivery
8.3 The Service is deemed to be completed and the goods delivered when such goods are physically deposited at the address given to the Company by the Customer for that purpose.
8.4 The Company will be entitled to deliver, release and leave the goods at the delivery address provided to the Company regardless of whether or not there is any person at the delivery address to take or accept delivery of the goods.
9.1 The Customer acknowledges that the Company has no obligation to maintain any insurance cover in relation to the provision of the Service or the Customer’s goods and the Customer will, at the Customer’s discretion or if required to do so by the Company, maintain insurance cover with a reputable insurance company for an amount and on specific terms to adequately cover all usual insurable risks in relation to any loss or damage occurring to the goods or to any other party arising directly or indirectly from the handling, transportation or delivery of the goods by the Company.
9.2 The Customer will on demand provide evidence to the Company that all such insurance is current.
9.3 The Company may (but is not obliged to) take out any such insurance that it deems necessary in relation to the provision of the Service at the Customer’s expense or where the Customer fails to do so in accordance with clause 9.1.
10.1 If the business of the Company is affected by, or subject to the threat of, any strike, lockout, dispute, disturbance or other industrial action (whether direct or implied) then, at the option of the Company, the Company’s obligations under these terms may be suspended until such issue no longer exists.
10.2 The Company will, where possible, give reasonable notice of its intention to suspend operations under this clause.
11.1 These terms may be amended by the Company from time to time.
12.1 If any provision of these terms is held to be unenforceable, illegal, or invalid by any court or tribunal the rest of these terms will remain in full force and effect.
13.1 These terms constitute the entire agreement between the parties in relation to the Service. It supersedes and cancels any previous agreement, understanding, or arrangement whether written or oral. The parties agree that it is fair and reasonable that this clause is conclusive between them, as required by section 50 of the Contract and Commercial Law Act 2017.
14.1 The Customer acknowledges that the Company has an active and particular carrier’s lien over the Customer’s goods in the control or possession of the Company or any of its agents, drivers or contractors as security for the performance of the Customer’s obligations under these terms.
15.1 These terms are governed by and construed according to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms.