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Definitions
“Act” means the Contract and Commercial Law Act 2017
“Actual Carrier” has the meaning set out in the Act
“Express Movers” means who will provide the Transport Services
“Conditions” means these Standard Terms and Conditions with any consequential additions or amendments
“Contract of Carriage” means a contract incorporating these Conditions as amended from time to time, including any electronic form of contract or accepted quote.
“Customer” means the person or organisation described in the Contract of Carriage who has agreed to be bound by the contract terms and conditions contained herein, and include that person’s
permitted successors and assigns
“Hazardous or Dangerous Goods” means any item which the Express Movers believes to be or about to become dangerous in nature in terms of section 26 of the Act.
“PPSA” means the Personal Property Securities Act 1999.
“Proved Damages” means damage that has been claimed by a Customer in accordance with clause 3.1 and accepted by Express Movers through the app.
“Receiver” means a consignee of Vehicles and includes the consignee’s agent.
“Transport Rates” means the rates or charges charged by the Express Movers for Transport Services and where relevant shown in any current freight tables or any other document or means of publication (including electronic means) approved from time to time by Express Movers for the statement of rates or charges for Transport Services.
“Transport Service” means any service provided by the Express Movers for the carriage of Vehicles.
“Vehicles” means any motor vehicle or vehicles to which a Transport Service applies.
“You” means the customer who is requesting the Transport Service as well as the owner of the vehicle and any agent of the customer.
“Non-runner” means teh vehicle cannot be driven on or off the transport under its own power. This includes a vehicle with a defective braking system.
“We” “our” or “us” means the Express Movers and its subsidiaries, employees, agents, sub-contractors and actual carriers.
Carriage
1.1 Where a Contract of Carriage is accepted by the Express Movers, it means we agree to provide the Transport Service requested by the Customer for the carriage of the Vehicle as set out in that Contract of Carriage.
1.2 You confirm that: (a) you are either the owner or the authorised agent of the owner of the vehicle that is the subject of this contract; (b) the person signing this contract has authority to do so; and (c) you accept this Contract for you as well as for all other persons on whose behalf you are acting.
1.3 It is your responsibility to ensure that both the exterior and interior of the vehicle is in a suitable state for transport.
Services as agent
2.1 You acknowledge that we perform the Services in the capacity of a freight forwarding agent and not the actual carrier
2.2 We reserve the right to refuse to provide Services to any person, or in respect of any type of goods.
2.3 You authorise us to enter into any contracts on your behalf in respect of handling the Goods (including engaging contractors and subcontractors and entering into contracts for the carriage of goods), and to otherwise handle, deal with, or provide instructions in respect of the Goods as we see fit.
Inspection of Vehicles and Carrier’s rights
3.1 Inspection of Vehicles: The Express Movers Team may inspect vehicles before their acceptance for carriage. The Customer must assist with the inspection if required by the Express Movers. Any clearly visible damage to or missing items from any Vehicle presented for Carriage shall be noted on the consignment docket or condition report. Failure of the Express to inspect any Vehicle, at all or adequately, does not impose any additional liability upon the Express Movers or affect any obligation of the Express Movers in relation to that Vehicle. The Express Movers accepts no liability for any pre-existing damage which may include but is not limited to: any individual marks, blemishes or stone chips; any surface scratches, paint or minor damage that is under protection wax or film; any damage or marks found after the Vehicle has been washed and groomed unless the Vehicle was presented to the Express Movers washed and groomed.
3.2 Carrier’s right to check Vehicles: You agree that we may search the vehicle if we believe that the vehicle may contain hazardous or dangerous goods, or not comply with any other law. At our discretion, we can refuse to transport the vehicle or remove any item from the vehicle that we consider appropriate. Any costs incurred in doing this including disposal is to be paid for by you. We do not accept any liability for items carried within a Vehicle.
3.3 Carrier’s right to refuse to accept Vehicle for Carriage: We reserve the right to refuse to carry any Vehicle. We are not obliged to give any explanation to the Customer.
3.4 Customer may choose drop off car at our Auckland Yard and pick up from our yard. Pick up and Collection at your residential addresses can be arrange with extra cost.. We reserves the right to charge you for any failed pick-up or delivery or delay of more than 30 minutes in loading or unloading from our arrival on site providing this is not due to our fault. The hourly rate of $150 + GST will be applied for delay time.
Claims
4.1 Notice of claim: Subject to clause 5.1 any claim against Express Movers in respect of alleged loss of or damage to Vehicles carried on a Transport Service must be filed in writing to the Express Movers within 24 hours after the date on which the Express Movers responsibility for those Vehicles has ceased. We must be given a reasonable opportunity to investigate the claim and to appoint a repair agent or obtain two repair quotes to repair any Vehicles that are proven to be damaged in the course of Transport Services.
4.2 If claims are not made before the Vehicles are repaired by the Customer or we are not given a reasonable period to investigate the claim and appoint an agent or obtain quotes as required under clause 4.1 above (for repair of Vehicles that are proven to be damaged in the course of Transport Services and fall within the liability provisions set out in clause 5.1 the Customer shall be conclusively deemed to have accepted the Vehicles as conforming with the Contract of Carriage in all respects and to have waived absolutely any claims for incorrectly delivered or damaged Vehicles and the Express Movers shall not have any liability in respect of those claims or otherwise in respect of the Vehicles.
Liability
5.1 Any carriage under a Contract of Carriage is deemed to be at Owner’s risk in accordance with section 248(1)(a) of the Act unless otherwise agreed in writing between the parties (pursuant to section 248 of the Act), which agreement shall be confirmed in writing by us and a copy supplied to the Customer. Notwithstanding any other provision of these conditions and in accordance with Section 248(2)(a) of the Act Express Movers is not liable for any loss or damage suffered to the customer’s vehicle except where the loss or damage is intentionally caused by us.
5.2 For the avoidance of doubt but without in anyway limiting the provisions of clause 5.1 such exclusion of liability includes:
a) delay in delivery of any Vehicles for any reason; or
b) damage to Vehicles from leakage, explosion, or the effects of climate or the elements; or
c) damage to Vehicles of any Customer where such damage arises out of the actions, or omissions, of the Customer or any other person limited to the extent of the actions of Express Movers.
d) Hidden damage or damage that is undetectable at time of pickup due to vehicles dirty condition, or weather-related condition;
e) Damage or failure of vehicle mechanical, electrical, alignment, suspension, exhaust system, muffler, or tail pipes;
f) Damage or loss to audio or video equipment not installed at the factory, including antenna that does not retract to within 10 cm of the vehicle’s body;
g) Damage or loss of personal or household items left in a vehicle;
h) Damage caused by fluids or objects flying up from the roadway, or out of the sky e.g. broken windscreens;
i) Damage to a vehicle that is a non-runner;
j) Damage to a vehicle that is a caravan;
k) Damage of any sort to a vehicle that has been picked up in an existing state of damage;
l) Damage to the underside of a vehicle that has less than 150 millimetres ground
clearance;
5.3 Contributory negligence: Subject to the provisions to clause 5.1 where there is contributory negligence on the part of a Customer, any liability of Express Movers shall be limited to an amount that excludes the amount attributable to the contributing negligence.
5.4 Damaged Vehicles: No damaged Vehicles will be carried unless otherwise agreed. While every endeavour is made to ensure there is not additional damage through the loading and unloading process, the Express Movers undertakes no liability for any subsequent damage while carrying out the Transport Service.
5.5 Errors, omissions and representations: We are not liable for errors or omissions in publications of schedules or in statements, or representations made by any of its employees, agents or representatives in respect of any Transport Service. No agent, employee or representative of Express Movers has authority to give undertakings or make representations in relation to the provision or timing of any Transport Service that are inconsistent with these Conditions. Any such undertakings or representations will not bind the company except where prior confirmation in writing is obtained from the Director of Express Movers.
5.6 Extension of exclusion or limitation to agents: Any exclusion or limitation of the liability of Express Movers applies to and for the benefit of the Express Movers’ agents, employees, representatives and contractors and to any Actual Carrier and to the Actual Carrier’s employees, agents, representatives and contractors. Any aggregate amount of damages recoverable from the us, the Actual Carrier and their respective agents, employees, representatives and contractors shall not exceed the maximum amount of Express Movers’ liability. The liability of any Actual Carrier is determined pursuant to section 261 – 265 of the Act.
Rates and Charges
6.1 We can alter our current Transport Rates, impose additional special rates or levies at any time without needing to give you notice.
6.2 Any quote provided in writing to you is valid for 7 days from the date of the quote. Verbal quotes or estimates by us are not binding on us.
6.3 Additional handling charges: immobile or non running vehicles will incur extra cost and the Customer is liable to pay any additional costs on demand. Additional handling charges may include, but are not limited to additional fuel, changing and repairing tyres and cutting keys.
6.4 GST and other Government taxes and charges: Any tax (including GST imposition) or fuel or other surcharge, which is not provided for or stated in a Transport Rate, and which is imposed by a Government or by any regional or other authority, in respect of or incidental to carriage of a Vehicle or the provision of any Transport Service, is due and payable in addition to the Transport Rate by the Customer.
Delivery
7.1 Time of delivery shall not be for the essence of any Transport Service, but we will make all reasonable efforts to meet any date for delivery agreed with the Customer or otherwise to deliver the Vehicles within a reasonable time. In no event shall we incur any liability due to any failure to deliver Vehicles by an agreed date.
7.2 Vehicle delivery: Delivery of Vehicles by Express Movers is deemed to occur at the time the Vehicles are left by us for collection by the Customer or the Receiver at the agreed destination provided by the Customer in the Contract of Carriage.
7.3 Unclaimed Property: If for any reason, vehicles are not removed or collected from the agreed destination as soon as possible after delivery, then:
a) we are deemed to be the agent of the Customer (and/or of the owner of the Vehicle where relevant) and may store the Vehicle on behalf of and at the sole risk and expense of the Customer (and/or the owner of the Vehicles where relevant); and
b) We may declare the Vehicles to be unclaimed after the expiry of 14 days from the date agreed by the Customer that the Vehicles were to be collected and may sell those Vehicles and apply the proceeds of sale in payment of: I. any Transport Rates, taxes or charges payable in respect of carriage of those Vehicles or the Customer whose Vehicles have been sold; and II. the expense of storing and selling the Vehicles III. If, after the sale of the Vehicles, the Customer whose Vehicles have been sold presents himself or herself to Express Movers to collect the Vehicles, The Express Movers will, upon being provided with satisfactory proof of identity of the Customer, and the entitlement of the Customer to the Vehicles, pay the balance of the sale proceeds, if any, to that Customer.
7.4 Business Purposes: Where a Customer is using a Transport Service for business purposes, none of the rights or remedies provided under the Consumer Guarantees Act 1993
apply, pursuant to section 43 of that Act.
Default and Remedies
8.1 If you default in payment or in your obligations to us, then:
a. we may retain possession of your vehicle as security;
b. we may require immediate payment of all monies owed to us, whether due or not;
c. you agree to reimburse us for all collection costs incurred to recover your debt;
d. we may withhold delivery of your Vehicle without notice;
e. and you agree to pay in advance for future services.
8.2 Carrier’s Lien: Express Movers reserves the right to withhold delivery of all Vehicles under a Contract of Carriage if the Customer is in default of any of its obligations under any Contract of Carriage with Express Movers. In any proceedings or actions relating to a default by the Customer, the Customer shall indemnify Express Movers upon demand for all claims by any third party for any losses resulting from us retaining possession of the Vehicles and for all costs and expenses incurred by us in connection with such proceedings or actions, including but not limited to solicitors’ costs and enforcement costs. In the event of any default in payment, the Customer will be liable to Express Movers for all costs of collection that are incurred by us including but not limited to costs incurred prior to any legal action, collection, agency costs, court costs, and solicitors’ costs and will pay these costs to Express Movers upon demand.
8.3 We are entitled at any time to assign to any other person, all or part of any debt owing by you to us
Payment
9.1 Transport Service must be paid before commencement of the Transport Service unless the Customer (or other person liable for payment with respect to the Transport Service) has a
current written credit arrangement with the us for payment, in which case payment is due within 7 days.
9.2 Where payment is not made by the due date then interest will be charged at the rate of 2.5% per month compounding from the due date until payment of the overdue amount including interest has been received by us.
9.3 Payment can be accepted through cash, bank transfer, or credit card (Visa, MasterCard). For bank transfer or Electronic banking , Until payment is received the Transport Service will not be actioned. Any credit card payment is subject to 3.5% surcharge
9.4 Credit arrangements – authorisation to collect information: In any situation where the Express Movers has a credit arrangement with a Customer in relation to the provision of Transport Services, or a Customer requests that a credit arrangement be entered into with us, Express Movers will be entitled to collect from sources other than that Customer any information Express Movers considers relevant to assessing the creditworthiness or financial position of that Customer. We will be entitled to disclose any such information to any of its subsidiaries, associated companies or any other person engaged in business with us from time to time.
9.5 We may at its discretion, apply any payments it receives from the Customer in and towards the satisfaction of any indebtedness of the Customer and it shall not be bound by any conditions or qualifications that the Customer may make in relation to payments made under this or any other contract with Express Movers.
9.6 Where a Customer has a credit arrangement with us, the Express Movers may register a financing statement on the Personal Property Securities Register over any Vehicle subject to any Transport Service to secure payment of the Transport Rate. The Customer waives any right to receive a verification statement pursuant to section 148 of the PPSA.
Cancellation
All notices of cancellations must be given in writing to us 48 hours before pick-up date. (32) Where a cancellation notice has been accepted then a refund may be requested by you for the Transport Services not performed less any costs incurred by us including an administration fee of $100 + GST.
This contract is governed by and construed in accordance with New Zealand law.
By accepting a quote request or confirming the booking, you agree to the terms and conditions of Express Movers. This terms and conditions and any other moving documents (if applicable) will be considered as legal contract between you and Express Movers and that this considered “as a writing signed and authorised by You” under any applicable law or regulation. Our terms and conditions are subject to change without prior notice.