Crawford Carrying Company Limited General Terms and Conditions
THE COMPANY – means Crawford Carrying Company Limited.
THE CUSTOMER – the term used for any contracting party requesting provision of carriage of goods services by “The Company”
ACT – means Carriage of Goods Act 1979 (including any amendments)
CONTRACT – means the contractual arrangement between “The Company” and “The Customer”
HSAW – means the Health and Safety at Work Act
- “The Company” agrees to supply carriage of goods serviced to “The Customer” in terms of this Contract subject to “The Customers” acceptance of any quotation provided by “The Company”
- The acceptance by “The Company” of goods for carriage for “The Customer” constitutes “The Customer’s” acceptance of any quotation for the carriage of goods provided by “The Company” (and failing which “The Company’s” then standard charges) and acceptance of these general terms and conditions.
- Notwithstanding clause 2.2, “The Company” has the absolute discretion to refuse and accept goods for carriage of any particular goods or category of goods unless specifically itemized in “The Company’s” quotation.
- “The Company” reserves the right to conduct a credit check of “The Customer” and this contract is subject to “The Company” remaining satisfied that there is no credit risk.
- The contract is at “Limited Carriers Risk” in terms of the Act unless otherwise specified on “The Company’s” quotation.
- The provisions of the Act apply to this contract except where there is an express provision to the contrary.
- “The Customer” indemnifies “The Company” from and against any third party claims outside the liability accepted by “The Company” under this contract.
- “The Company” 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 “The Company”
3. Payment of Charges
- In default of payment of “The Company’s” charges, “The Customer” agrees to pay interest to “The Company” at the rate equivalent to “The Company’s” then current overdraft facility rate as certified by it’s banker (ANZ New Zealand). The charging of interest by “The Company” is without prejudice to it’s other rights, powers, and remedies whether under the Act or otherwise.
- Where “The Customer” fails to comply with the terms of payment, “The Company” has no liability for any damage or deterioration to the goods and may withhold delivery to the consignee until paid in full.
- “The Company” may require the deposit of a sum equivalent to its charges or any lesser sum determined by “The Company” as a deposit on account of payment.
- “The Company” will issue a GST invoice to “The Customer” on or after acceptance for carriage by “The Company” and payment is due on the 20th of the month following the date of the GST invoice or (if credit had been arranged) in accordance with the terms of credit.
- “The Company” may in it’s discretion accept delivery of goods for carriage on the bases that the consignee will pay it’s charges but nevertheless “The Customer” remains liable for payment in default of payment by the consignee.
- If a charge is disputed notice must be given to “The Company” as soon as possible, but prior to the due date of the invoice. The undisputed amounts are to be paid by the due date.
- All rates quoted by “The Company” are exclusive of GST. “The Customer” is responsible to pay all applicable GST and each invoice will specify the GST payable.
- “The Company” may subcontract carriage of “The Customer’s” goods to another carrier (actual carrier) but nevertheless remains the contracting carrier in the terms of the Act. In such event, the obligations and liabilities of “The Company” as contracting carrier and the actual carrier are as set out in the Act.
- “The Customer” warrants that if it is not the owner of the goods it is the duly authorized 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.
- “The Company” 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.
- “The Customer” is liable for any additional costs of loss or damage caused to “The Company” 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 “The Company”.
- Where “The Customer” is a business as defined in the Customer Guarantees Act 1993, “The Customer” acknowledges that the services supplied by “The Company” are for the purpose of a business and the provisions of that Act are excluded to the maximum extent permissible under the Act
- “The Comapny” 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, within 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 lost or damaged goods;
- if the claim is not settled, an action shall have been commerce by “The Customer” in a Court of competent jurisdiction within 6 months from the date of acceptance of the goods of carriage.
- “The Company” 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 the salvage not be available.
- “The Customer” has paid “The Company’s” invoice.
- Where “The Company” 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 finals and binding and a copy of the report will be forwarded to “The Customer” as soon as practicable.
- No claim may be bought against “The Company” 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 deliver by “The Company”.
6. Delivery to Consignee
- “The Company” 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.
- Signature of the consignment note by the consignee constitutes acceptance that this contract has been discharge by “The Company” except as provided for clause 5.1
- 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 “The Company” for all costs incurred as a result.
- “The Company” reserves the right at any time and from time to time to vary or add to these conditions with effect from the date of notification to “The Customer”
- “The Company” as a 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 or flower of any type, uncrated motorcycles, furniture, personal effects, household removals, or other valuables. If any such items are accepted for carriage by “The Company” or any subcontractor or agent of “The Company”, the contract shall be at owner’s 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.
- “The Company” may charge freight by the 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, re-measured and charge proportional additional freight accordingly.
- “The Customer” shall not be entitled to assign or transfer any right or interest, or to require “The Company” to suspend or defer the performance of any carriage or other service, under any contract, except with the prior written consent of “The Company” and then only upon such terms and conditions as “The Company” specifies.
- All rates of carriage and other charges container in any price list, quotation, proposal, confirmation or other material submitted to “The Customer” may be withdrawn or varied a any time prior to acceptance of any order placed by “The Customer”. “The Company” also reserves the right to increase any such charges container in the rates of carriage confirmation or otherwise forming part of the contract by written notification to “The Customer” with effect from 14 days after the date of written notification.
- The goods shall comply with the requirements of any applicable law relating to the nature, labeling and packaging and carriage of goods and the expenses and charges of “The Company” in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any harbor, 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”.
- 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 before carriage. Additional freight charges shall be paid on such goods if deemed necessary by “The Company”. 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 carriage without discovery of any such defect, failure or characteristic shall not exclude or diminish any liability on the part of “The Customer”.
- This contract shall be governed by and constructed in accordance with the laws of New Zealand and the parties expressly agree to submit to the jurisdiction of it courts.
8. Service Termination
- Either party may terminate this contract at any time by giving 30 days written notice
- “The Customer” consents to “The Company” collecting and holding credit information from, and/or disclosing it to any third party (including a credit or reporting agency) in connection with credit management and enforcement purposes (including making decisions regarding the provision of credit to you). We may credit you and we may collect information from any person for this purpose.
10. Other matters
- We are not required to provide our services or carry out any of our obligations referred to in these Terms, if it is not practical or safe for us to do so because of any event outside of our control. This may include but is not limited to any Natural disaster, war, strike, riot, crime, or epidemic.
Updated 1st June 2020