North Island Freight Specialists
1.1 The following general terms, together with any delivery targets notified to you, consignment note and Price and Services Schedule, are the terms on which we will supply our services to you.
1.2 We recommend you seek legal advice about these Terms before engaging us and accepting them.
1.3 Use of any of our services constitutes acceptance of these Terms.
In these Terms the following definitions apply:
3.1 We will endeavour to deliver Goods correctly addressed within our delivery network within our delivery targets. However, we do not guarantee delivery within these targets to the maximum extent permitted by law.
3.2 Delivery occurs when your Goods are delivered to the relevant address, unless we agree to obtain a signature at the delivery address.
3.3 We will provide Logistics Services including truck loading and unloading, and storage of Goods in our warehouse facilities as agreed. When providing Logistics Services, we will ensure all Goods are stored safely, not stored with items that might damage them, and that identification marks and packaging are kept intact.
4.1 You must ensure all information given to us is correct and complete.
4.2 You must not give us any Goods that are inadequately packaged, contain illegal items, are Dangerous Goods, are perishable, or are longer than 6.6 metres in length. If you provide such Goods, carriage will be at Owner's Risk.
4.3 Second hand items, return goods, glass and inadequately packed goods will be carried as Owner's Risk - the carrier will pay no compensation if the goods are lost or damaged, unless we intentionally cause the loss or damage.
4.4 We may open and inspect any Goods, refuse to accept any Goods, or re-weigh, re-value or re-measure Goods and charge accordingly. Our decision as to the weight, value or measurement of any Goods is final.
5.1 You must pay for our services in accordance with the charges specified in our current Price and Services Schedule. Private deliveries in urban and rural areas will incur an additional charge.
5.2 You must pay all GST and other taxes payable in relation to our services.
5.3 If you hold a credit account with us, unless agreed otherwise in writing, you must pay our invoice by the 20th of the month following the date of the relevant invoice.
5.4 If you do not hold a credit account with us (a one-off or casual customer), payment for our services must be made in full prior to delivery, unless we have agreed otherwise with you in writing.
5.5 If you dispute any invoice, you must advise us in writing within 14 days of receipt. You must not withhold payment or make any setoff or deduction from any payment due.
5.6 If payment is overdue, we may cancel or suspend credit and/or the supply of services and retain possession of any Goods until all outstanding payments are made.
5.7 All Goods shall be subject to a general lien and we may detain Goods until all amounts owed are fully paid. If payment is not received within 30 days of the due date, we may remove, store, sell or dispose of the Goods at your expense.
5.8 You agree that all Goods in our possession are subject to a security interest in our favour for payment of all amounts owing. We may register this security interest on the Personal Property Securities Register.
6.1 The provision of our Delivery Services is at "limited carrier's risk" under the Contract and Commercial Law Act 2017. Our liability is limited to a maximum of $2,000.00 including GST for the loss of or damage to a unit of Goods.
6.2 Second hand items, return goods, glass and inadequately packed goods will be carried as Owner's Risk - no compensation will be paid for loss or damage.
6.3 We have no liability for loss or damage resulting from events outside our control, occurring after Delivery, or resulting from any act or omission by you.
6.4 We shall not be liable unless you give us written notice of any claim within 7 days after Delivery. For loss or destruction of Goods, we must be notified within 14 days after dispatch. No action may be brought against us more than six months after the date of dispatch.
7.1 You must insure and keep insured all Goods for their full insurable value while in our possession and during transit. Insurance must cover all risks including flood, fire, explosion, burglary, theft, terrorism, accident, pests and events outside our control.
7.2 We will maintain reasonable bailee liability and public liability insurance cover.
8.1 We are not required to provide services if it is not practical to do so because of an event outside our control.
9.1 Either party may terminate obligations by giving 30 days written notice.
9.2 We may terminate immediately if you fail to comply with your obligations, fail to pay your debts, or become insolvent.
10.1 You consent to us collecting, using and disclosing information about you for our business purposes including contacting you about services of interest.
10.2 You consent to us collecting and using credit information and disclosing it to third parties (including credit reporting agencies) for credit management purposes.
10.3 We may share your information with third party service providers including suppliers, lawyers, accountants and data services providers, only to the extent necessary for them to perform their services.
11.1 We may change these Terms by giving you 30 days written notice.
11.2 These Terms are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
11.3 You must keep all Price and Services Schedules and pricing information strictly confidential.
11.4 These Terms constitute the entire agreement between us and supersede all prior agreements and discussions.
Secure Transport Ltd · 20b Corinthian Drive, Albany, Auckland · 09 444 1243 · info@securetransport.co.nz