Terms of Carriage

 Summerland Express Freight Ltd Terms of Carriage

 

1.      Definitions

SEF:  means  Summerland  Express  Freight  Limited  or  any  other  “actual  carrier”  (as defined  in  the  Act)  contracted  by  Summerland  Express  Freight  Ltd. Act:  means  the  Contract  and  Commercial  Law  Act  2017  (including  any amendments)

Contract:  means  the  contractual  arrangement  between  Summerland  Express Freight  Ltd  and  the  Customer  and  includes  any  accepted  quotation,  these  general terms  and  conditions  of  carriage  and  Summerland’s  terms  of  credit  where  credit  is extended  to  the  Customer.

Customer:  means  the  party  requesting  provision  of  carriage  of  goods  services  by Summerland  Express  Freight  Limited.

2.      Contract

        1. SEF agrees to supply carriage of goods services to the Customer in terms of this Contract subject to the Customer’s acceptance of any quotation provided by SEF.
        2. The acceptance by SEF of goods for carriage for the Customer constitutes the Customer’s acceptance of any quotation for the carriage of goods provided by SEF (and failing which SEF’s then standard charges) and acceptance of these general terms and conditions of carriage.
        1. Notwithstanding clause 2.2, SEF has the absolute discretion to refuse to accept goods for carriage of any particular goods or category of goods unless specifically itemised in SEF’s quotation.
        2. SEF reserves the right to conduct a credit check of the Customer and this Contract is subject to SEF remaining satisfied that there is no credit risk.
        3. This Contract is at “Limited Carriers Risk” in terms of the Act unless otherwise specified on SEF’s quotation.
        4. The provisions of the Act apply to this Contract except where there is an express provision to the contrary.
        5. The Customer indemnifies SEF from and against any third party claims outside the liability accepted by SEF under this contract.
        6. SEF has no liability to the Customer for damage to goods caused through inadequate packaging or containment when the goods are delivered by the Customer to SEF.
        7. Car parts, second hand goods, glass, fragile and household items and accessories are carted at “OWNERS RISK”, unless otherwise stated in writing prior to engagement of freight services.

3.      Payment of Charges

        1. In default of payment of SEF’s charges the Customer agrees to pay interest to SEF at equivalent to 10% per annum above SEF’s then current overdraft facility rate as certified by its banker. The charging of interest by SEF is without prejudice to its other rights, powers, and remedies whether under the Act or otherwise.
        2. Where the Customer fails to comply with the terms of payment, SEF has no liability for any damage or deterioration to the goods and may withhold delivery to the consignee until paid in full.
        3. SEF may require the deposit of a sum equivalent to its charges or any lesser sum determined by SEF as a deposit on account of payment.
        1. SEF will issue a GST invoice to the Customer on or after acceptance for carriage by SEF and payment is due on the 20th day of the month following the date of the GST invoice, (if credit has been arranged), in accordance with the terms of credit.
        2. SEF may in its discretion accept delivery of goods for carriage on the basis that the consignee will pay its charges but nevertheless the Customer remains liable for payment in default of the payment by the consignee.
        3. If a charge is disputed, notice must be given to SEF as soon as possible, but prior the due date of the invoice. The undisputed amount or amounts are to be paid by the due date. All rates quoted by SEF are GST and FAF (Fuel Adjustment Factor) exclusive. The Customer is responsible to pay all applicable GST & FAF and each invoice will specify the GST and FAF payable.

4.      Carriage

        1. SEF may subcontract carriage of the Customer’s goods to another carrier, (actual carrier), but nevertheless remains the contracting carrier in terms of the Act. In such event, the obligations and liabilities of SEF as contracting carrier and the actual carrier are as set out in the Act.
        2. The Customer warrants that if it is not the owner of the goods it is the duly authorised agent of the owner of the goods to enter into this Contract and in default of payment of the charges by the owner the Customer is liable for that payment.
        3. SEF has a general lien over the goods for all charges due by the Customer, (whether in respect of those goods or otherwise), and in default of payment may exercise the lien in terms of the Act.
        4. The Customer is liable for any additional costs or loss or damage caused to SEF where the cost, loss or damage is attributable, (wholly or in part), to the nature, packaging or containment of the goods on acceptance of delivery by SEF.
        5. Where the customer is a business as defined in the Consumer Guarantees Act 1993, the Customer acknowledges that the services supplied by SEF are for the purpose of a business and the provisions of that Act are excluded to the maximum extent permissible under that Act.

5.      Claims

        1. SEF shall be under no liability whatsoever unless:
          • Written notice of any claim is received by the company within 7 days after delivery of the goods or, in the case of loss or destruction of the goods, with 14 days of the date of dispatch, together with full particulars of any alleged loss or damage and supporting evidence of the quantum of the claim, including proof of the cost price of any or damaged goods.
          • If the claim is not settled, an action shall have been commenced by the Customer in a Court of competent jurisdiction within 6 months from the date of acceptance of the goods for carriage.
          • SEF reserves the right to obtain salvage of any damaged product prior to payment of any claim, and payment of any such claim may be refused should salvage not be available.
          • The Customer has paid SEF’s invoice.
        2. Where SEF considers it appropriate it will appoint a professional assessor/ loss adjustor to investigate the claim and in the absence of manifest error the determination of the assessor/ loss adjustor will be final and binding and a copy of the report will be forwarded to the Customer as soon as practicable.
        1. No claim may be brought against SEF if the loss or damage is attributable in whole or material part of any inherent defect in the goods or their packaging/containment as at the date of acceptance of delivery by SEF.

6.      Delivery of Consignee

        1. SEF will use its best endeavours to carry the goods as soon as practicable after acceptance of goods for carriage from the Customer but will not be liable to the Customer or any other party for any delay in delivery to the consignee
        2. Signature of the consignment note by the consignee constitutes acceptance that this contract has been discharged by SEF except as provided in clause 5.1.
        3. Where delivery to the consignee or signature of the consignment note by the consignee cannot be procured the provisions of the Act will apply and the Customer is liable to SEF for all the costs incurred as a result.

7.      General

        1. SEF reserves the right at any time and from time to time to vary or add to these conditions of carriage with effect from the date of notification to the Customer.
        2. SEF as forwarder under section 28(1) of the Act has the right to not accept or deal with bullion, cash, coins, bank notes, deeds, documents, negotiable instruments, phone cards, precious or semi precious stones, jewellery, gold or silver items, antiques, paintings, perishables including foodstuffs, glass, car parts, live plants of flowers of any type, uncrated motorcycles, furniture, personnel effects, household removals, or other valuables. If any such items are accepted for carriage by SEF, or any subcontractor or agent of the company, the contract shall be at owners risk in relation to those items and the company shall not be liable for any loss or damage whatsoever arising out of the carriage of the goods.
        3. SEF may charge by weight, measurement, or value and may at any time re-weigh, re- measure or re-value the goods or require the goods or require the goods to be re- weighed, re-valued or re-measured and charge proportional additional freight accordingly.
        4. The Customer shall not be entitled to assign or transfer any right or interest, or to require SEF to suspend or defer the performance of any carriage or other service, under any contract, except with the prior written consent of SEF and then only upon such terms and conditions as SEF may specify.
        5. All rates of carriage and other charges contained in any price list, quotation, confirmation or other material submitted to the customer may be withdrawn or varied at any time prior to acceptance of any placed by the customer. SEF also reserves the right to increase any such charge contained in the rates of carriage confirmation or otherwise forming part of the contract by written notification to the Customer with effect from fourteen (14) days after the date of written notification.
        6. The goods shall comply with the requirements of any applicable law relating to the nature, labelling and packaging and carriage of the goods and the expenses and charges of SEF in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any harbour, dock, railway, shipping, customs, excise, duty, taxation, warehouse or other authority or company and the expenses, charges, levies or fines arising out of any breach of any applicable law shall be paid by the Customer.
        7. The goods shall be properly and safely packaged and labelled and fully described in writing in the contract or consignment note. The nature and value of all goods subject to special rates of carriage or of a noxious, dangerous, hazardous or inflammable nature or capable of causing damage or injury to any other goods or property or to any persons or animals, must be clearly stated in writing before accepted for carriage. Additional freight charges shall be paid on such goods if deemed necessary by SEF. Failure to safely and properly package or label or fully describe any goods shall render the Customer liable for any loss or damage caused to or by such goods and acceptance of the goods for the carriage without discovery of any defect, failure or characteristic shall not exclude or diminish any liability on the part of the Customer.
        8. This contract shall be governed by and construed in accordance with the laws of NewZealand and the parties expressly agree to submit to the jurisdiction of its Courts.