TERMS OF TRADE
- Payment of accounts for transactions in any month are to be made by the 20th of the month following.
- Failure to pay any account by the due date shall be a breach of your trading terms and the Company may in respect of such withhold its services until receipt of payment in full.
- Accounts are to be paid in full without deduction by way of set off, contra accounts, or in respect of any claims against Deadline Express Limited or for any other reason.
- I/We shall pay you or reimburse you all costs and/ or expenses incurred by you in instructing a Solicitor and/ or Debt Collection Agency to recover any amount overdue for payment.
- Deadline Express Limited reserves the right to alter and/ or withdraw credit facilities at any time.
- Failure to comply with any of the above terms may result in closure of your credit account.
CONDITIONS OF CARRIAGE WITHIN NEW ZEALAND
All contracts of carriage undertaken by Deadline Express (hereinafter called ‘the Company’ including any incidental service thereof are undertaken upon and subject to the following terms and conditions:
- PARTIES The contract of carriage is made between the Customer (which term includes any ‘contracting party’ in terms of the Contract and Commercial Law Act 2017, Part 5, Subpart 1 as amended, replaced or re-enacted from time to time) and the Company.
- CONTRACT AND COMMERCIAL LAW ACT 2017, PART 5, SUBPART 1 Subject to the provisions of the Act, Sections 284 through section 292 (inclusive) shall apply to this agreement only to the extent that they extend or enlarge the Company’s rights and powers in terms of this agreement. Sections 274 through section 280 (inclusive) of the Act are modified by sub-clause 9 of this agreement and shall, in relation to any matter arising out of the provisions of those sections, have effect subject to the express terms contained hereunder.
- LIABILITY OF SERVANTS, AGENTS OR SUBCONTRACTORS The rights and limitations on the liability of the Company to the Customer shall extend to the servants or agents of the Company, its subcontractors and the servants or agents of such subcontractors.
- OWNERSHIP OF GOODS The Customer warrants to the Company that it is the owner or authorised agent of the owner of the goods and that it is authorised to accept and does accept these conditions.
- RIGHT OF REFUSAL TO CARRY The Company reserves to itself at all time the right to refuse to carry any particular goods which refusal may be communicated by the Company to the Customer down to the time of the Company uplifting the goods.
- EXCLUSION OF CERTAIN ITEMS. The company will not accept or deal with bullion, cash, coins, negotiable instruments, precious stones, jewellery, antiques, paintings and any other valuables except where the Customer declares the goods and requests the special security services and is prepared to pay the additional fees associated with these services.
- INSURANCE Insurance of the goods is the responsibility of the Customer.
- LIEN In addition to the rights of lien contained in section 285 of the Act the Company shall have a particular and general lien in respect of all goods coming into the possession of the Company and the right to retain the same in respect of all moneys due to the Company by the Customer whether in respect of such goods or otherwise. If any moneys due to the company are not paid within fourteen (14) days after notice has been given to the customer that the goods are being retained in respect thereof the goods may be sold at auction or otherwise at the whole discretion of the Company and the net proceeds of sale (after deduction of all expenses) applied in or towards satisfaction of the amount due to the Company. Any steps taken by the Company under this provision shall not prejudice the Company’s right to recover any balance due or payable to the Company by the Customer.
- LIMITATIONS UPON LIABILITY OF THE COMPANY
(a) All contracts of carriage entered into by the Company are at limited carriers risk (as defined in the act).
(b) LIMITS OF INDEMNITY
- i) Limit any one unit $2,000
- ii) Limit any one conveyance $100,000
iii) Limit any one accident $100,000
(c) The Company shall be under no liability whatsoever for damage to, or partial loss of or total loss or destruction of the goods occurring while the company is responsible for them unless written notice is received by the Company, giving full particulars of the alleged damage, partial loss or destruction, is given within seven (7) days of the delivery of the goods or in the case of alleged loss of or destruction of the goods within fourteen (14) days of the date of dispatch, subject to our standard claims procedure.
(d) No court action or other form of litigation may be brought against the company for the loss of, or alleged non-delivery of, or damage to or destruction of any goods after the expiration of a period of six (6) months from the date on which the carriage should have been completed in accordance with the contract.
(e) In no event shall the Company, as a result of any default under the contract of carriage with the customer, or as a result of any negligent act or an omission of the Company, its servants, agents or subcontractors, be liable for consequential damages such as but not limited to the following: – Loss of anticipated profits, loss of use of any profit-earning chattel or future reputation. Loss of credit, loss of publicity, or, expenses incurred by the customer or a third party as a result of the breach.
- MODE OF CARRIAGE The Company shall, at its absolute discretion, be at liberty to decide the method and route by which goods shall be carried and by whom and if this Contract relates to the carriage of goods to or from a country outside New Zealand then the Customer accepts the further conditions contained in any Bill of Lading or other form of contract whether by sea, air, rail or road.
- CONDITIONS HEREIN PARAMOUNT The terms and conditions set out herein shall prevail over the terms and conditions set out in any document used by the customer, the owner, or any other person having an interest in the goods and purporting to have a contractual effect.
- The Sender warrants that the contents do not contain items of a dangerous nature, according to the applicable Dangerous Goods Regulations. Civil Aviation Regulations and any other relevant law or regulation.
- The carrier does not accept for Carriage livestock, perishables, art work, paintings, glass or other fragile materials. Cash, (including vouchers, tickets, coupons and other similar negotiable documents), jewellery or other similar valuables and any such items consigned are carried wholly at owners risk from the consignor without any obligation being accepted in respect thereof by the carrier.
- PACKAGING The Customer warrants that all goods have been labelled correctly and that the contents of 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 the claim. Destruction or loss of received items will remove the companies’ liability.
- AMENDMENTS TO THESE TERMS The Company may amend these terms from time to time by posting the revised version of the terms on www.deadlineexpress.co.nz.