Terms and Conditions as at August 2015
1.1 "Seller" shall mean Wellington Car Carriers Ltd Limited.
1.2 "Customer" shall mean the Customer or any person or persons acting on behalf
of and with the authority of the Customer. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the price.
1.3 "Consignee" shall mean the person to whom the Goods are to be
delivered by way of the Seller's Services.
1.4 "Goods" shall mean vehicles, caravans ,trailer, boats, motorcycles together with any container, packaging, or items(s) to be moved from one place to another by way of the Seller's Services, or for storage by the Seller.
1.5 "Services" shall mean all services supplied by the Seller to the Customer and are as described on the quotations, invoices, consignment note, airway bills, manifests, sales order or any other forms as provided by the Seller to the Customer and includes any advice or recommendations.
1.6 "Price" shall mean the cost of the Services as agreed between the Seller and the Customer subject to clause 3 of this contract.
2.1 Any instructions received by the Seller from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Seller or its employees.
2.3 These terms and conditions are to be read in conjunction with the Seller's quotation, consignment note, agreement, airway bills, manifests, or any other forms as provided by the Seller to the Customer. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
2.4 The Customer acknowledges that all articles are carried or transported and all storage and other services are performed by the Seller subject only to these conditions and the Seller reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.
3. Price And Payment
3.1 At the Seller's sole discretion the Price shall be either;
(a) as indicated on invoices provided by the Seller to the Customer in
respect of Services supplied; or
(b) Seller's quoted Price (subject to clause 3.2) either on line or personally by a Wellington Car Carrier Ltd Manager which shall be binding. Such verbal quote may be confirmed by e-mail or text prior to the service being provided upon the Seller provided that the Customer shall accept the Seller's quotation within fourteen (14) days
3.2 The Seller may by giving notice to the Customer increase the Price of the Services to reflect any increase in the cost to the Seller beyond the reasonable control of the Seller (including, without limitation, difficult or limited access, inaccurate location, damaged vehicles, non performing or modified vehicles which have not been disclosed to the seller at time of booking.
3.3 At the Seller's sole discretion a non-refundable deposit may be required.
3.4 At the Seller's sole discretion:
(a) payment shall be due immediately upon delivery of the goods or
(b) payment shall be due before delivery of the Goods; or
(c) payment for approved Customer's shall be due ten working days after invoicing or as agreed following the end of the month in which a statement is posted to the Customers address or address for notices.
3.6 Time for payment for the Services shall be of the essence and will be stated on the invoice, consignment note, airway bills, manifests or any other forms. .
3.7 Payment will be made by cash, or bycredit card, or by direct credit, or by any other method as agreed to between the Customer and the Seller. Personal cheques will not be accepted unless previously agreed to.
3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Customer-Packed items within the transported item
4.1 If items have been stowed in the vehicle, boat caravan by or on behalf of the Seller the
Seller shall not be liable for loss of or damage to the Goods caused by:
(a) the manner in which the Container has been stowed; or
(b) the unsuitability of the Goods for carriage or storage in Containers;
(c) the unsuitability or defective condition of the Container.
5.1 The Seller may deliver the Goods by separate installments (in accordance with the agreed delivery schedule). Each separate installment shall be invoiced and paid for in accordance with the provisions in this contract.
5.2 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery for the purposes of this agreement.
5.3 It is the Customer,s sole responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery.
5.4 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6. Loss Or Damage
6.1 This contract is "at limited carrier's risk" unless the customer has notified the seller they are a member of a qualifying affiliated club. (FOMC, NZHRA, NSRA, Constructors Car Club or LVVTA customers
6.2 Such membership shall entitle the customer to $20,000 cover (excluding glass and items carried in or on the vehicle such as parts, covers and other such items
(a) the Seller shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Seller or otherwise, for any damage to, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the Goods (whether the Goods are or have been in the possession of the Seller or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
(b) the Customer will indemnify the Seller against all claims of any kind whatsoever, howsoever caused or arising and, (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Seller or otherwise, brought by any person in
connection with any matter or thing done, said or omitted by the Seller in connection with the Goods. Such indemnity shall be subject to clause 6.2.
7.1 The Customer acknowledges subject to clause 6.2 that:
(a) the Goods are carried and stored at the Customer's sole risk and not at the risk of the Seller; and
(b) the Seller is under no obligation to arrange insurance of the Goods and it remains the Customer's responsibility to ensure that the Goods are insured adequately or at all; and
(c) under no circumstances will the Seller be under any liability with respect to the arranging of any such insurance and no claim will be made against the Seller for failure to arrange or ensure that the Goods are insured adequately or at all.
8. Charges Earned
8.1 The Seller's charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and dispatched from the Customer's premises.
9.1 The Customer will be and shall remain responsible to the Seller for all its proper charges incurred for any reason. A charge may be made by the Seller in respect of any delay in excess of fifteen (15) minutes in loading or unloading occurring other than from the default of the Seller. Such permissible delay period shall commence upon the Seller reporting for loading or unloading
10. Dangerous Goods
10.1 Dangerous Goods are Goods which are or may become of a dangerous, noxious, explosive, inflammable, radio-active or damaging nature and include Goods likely to harbor or encourage vermin or other pests. Unless agreed in writing, the Customer shall not deliver to the
Seller, or cause the Seller to deal with or handle, Dangerous Goods.
10.2 If the Customer is in breach of Clause 10.1:
(a) the Customer, and any person delivering the Goods to the Seller, or causing the Seller to handle or deal with the Goods, shall be liable for any loss or damage caused to, or by the Goods, or by their nature, and shall indemnify and keep indemnified the Seller against
all loss, damages, claims and costs (howsoever arising) incurred by the Seller in connection therewith; and
(b) the Goods may be destroyed or otherwise dealt with as determined by the Seller in its absolute discretion at the expense of the Customer (or by any other person in whose custody they may be at the relevant time also at the expense of the Customer), and neither the
Seller nor any such other person shall incur any liability whatsoever to the Customer in relation to any action taken by them concerning the Goods.
10.3 Where the Seller agrees to accept Dangerous Goods, if during the period of cartage, the Seller, it's Sub-Contractors (or any other suitably qualified person or authority) reasonably forms the view that those Goods pose any risk to other goods, property, life or health, then the
provisions of clauses 10.2(a) & 10.2(b) shall apply.
11. Consignment Note
11.1 It is agreed that the person delivering any Goods to the Seller for carriage or forwarding is authorised to sign documentation as required note for the Customer.
12. Customer's Responsibility
12.1 The Customer expressly warrants to the Seller that the Customer is either the
owner or the authorised agent of the owner of any Goods or property that is the subject matter of this contract of cartage and/or storage and by entering into this contract the Customer accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Customer is acting.
13. Seller's Servants or Agents
13.1 The Customer undertakes that no claim or allegation shall be made against any servant or agent of the Seller which attempts to impose upon any of them any liability whatsoever in connection with the Goods and, if any such claim or allegation should nevertheless be made, to indemnify the Seller and any such servant or agent against all consequences thereof.
14. Consumer Guarantees Act 1993
14.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
14.2 The Seller shall be under no liability subject to clause 6.2 whatsoever for loss or damage to
(a) the Customer provides written notice to the Seller detailing the alleged damage, and that such written notice shall be received by the Seller within seven (7) days after the delivery of the Goods.
15. Default & Consequences Of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Seller's sole discretion such interest shall compound monthly at such a rate) after as
well as before any judgment.
15.2 In the event that the Customer's payment is dishonored for any reason the Customer shall be liable for any dishonor fees incurred by the Seller.
15.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller's collection agency costs.
15.4 Without prejudice to any other remedies the Seller may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and
conditions. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller exercised its rights under this clause.
15.5 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
15.6 Without prejudice to the Seller's other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Seller becomes overdue, or in the Seller's opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
16.1 The Seller may cancel any contract to which these terms and conditions apply or cancel the Services at any time before the Services are completed by giving written notice to the Customer. On giving such notice the Seller shall repay to the Customer any sums paid in respect of the price. The Seller shall not be liable for any loss or damage whatever
arising from such cancellation.
16.2 In the event that the Customer cancels the Services, then the Customer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
17.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
17.3 The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions.
17.4 In the event of any breach of this contract by the Seller the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Services.
17.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Seller.
17.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Customer's consent.
17.7 The Seller reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Customer of such change.
17.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.9 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Sellers right to subsequently enforce that provision