TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us","our" and Courier NZ means Courier NZ (as agent only) and it’s affiliates and employees, agents and independent contractors;
"you" and "your" means the sender, consignor or consignee of the shipment, holder of a consignment note, receiver and owner of the contents of the shipment, any other party having a legal interest in those contents or any party having an interest in the performance of other services;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
“other services” means all services not being services for the carriage of shipments that are performed by us, such as storage, sorting, kitting, merging, packing, installation, value added- and transportation management services;
"shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
“consignment note” means the hardcopy consignment note, or if no hardcopy consignment note was completed then it shall mean either the booking form completed by you or the letter of instruction completed by you, which in conjunction with these terms constitutes the contract of carriage;
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage and of other services is with Courier NZ as agent of the carrier or the subsidiary or affiliate thereof that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide under which arrangement we act as your agent of the principal with whom we subcontract.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out herein and/or as set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
a). Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
b). By concluding any type of contract with us that involves the carriage of goods you agree that:
- the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
- the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;
- the contract is a contract of carriage of goods by sea if the carriage of the shipment actually takes place by sea;
- the contract is a contract for the performance of other services if related to non-carriage services.
5. DANGEROUS GOODS / SECURITY
5.1 Dangerous Goods
a). Except in the circumstances shown in paragraph 5.1 (b) below we do not carry, nor perform other services regarding, goods which are in our sole opinion dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
b). We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in paragraph 5.1 (a)) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.2 Air Cargo Security Regulations
a). You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information. Shipments carried, or handled, by us may be subject to security screening which could include the use of X-ray equipment and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
b). You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
5.3 Prohibited Items
We do not accept shipments that contain prohibited items.
6. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs may open and inspect your shipment at any time.
7. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays and bank holidays together with delays caused by customs or other events beyond our control are not included when we estimate or quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
8. BORDER CLEARANCE
8.1. You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
8.2. Any customs duties, taxes (including but not limited to VAT or GST if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
8.3. We will endeavour to expedite all processing formalities for your shipment but are not liable for any delays, losses or damage caused by interference from border or other governmental authorities.
8.4. You hereby authorise us to act as your agent for the purpose of directing or contracting any border clearance as may be required or directed by border authorities, and you authorise us to nominate or to direct or to contract on your behalf a customs broker to perform any customs clearances and entries as may be required by the sender or receiver. If any customs authority requires additional information or documentation for the purpose of confirming the import/export declaration it is your responsibility to provide the required documentation at your expense.
9. INCORRECT ADDRESS AND POST OFFICE BOX NUMBERS
If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply if the correct address is different to the one shown on the consignment note or the label affixed to your shipment. Deliveries to post office box numbers are not accepted, except in a limited number of countries (a list of which is available from the branch that accepts your shipment for carriage) and further provided that the (landline) telephone number of the consignee is provided and that in the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
10. UNDELIVERABLE AND REJECTED SHIPMENTS
Where we are unable to complete the delivery of a shipment we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after one more attempt by us or the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your instructions within 30 days after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
11. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
a). the contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note;
b). the contents of the shipment have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
c). the consignee’s full address including the postcode has been entered on our consignment note;
d). the consignee’s full address including the postcode has been accurately and legibly completed on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
e). the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
f). you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off the truck, van or other vehicle;
g). you have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
h). the contents of the shipment are not ones restricted by IATA or ICAO and are not prohibited items, and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations;
i). in the case of an intra-European Union shipment where the receiver pays our charges your VAT identity number and that of the receiver has been correctly given in writing to us;
j). when you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;
k). all applicable laws and regulations have been complied with;
l). in shipments that will be carried by us across borders you have included the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, the General Agreement on Tariffs and Trade (“GATT”) code being the first 6 digits of the Harmonised System (“HS”) code and the correct weight of the shipment);
m). that you have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or misdelivery of a shipment;
n). the value of any shipment does not exceed 25,000 Euros.
o). Instructions must be sufficient and executable, and you must ensure that any vital instructions are written, clear, unambiguous and received and acknowledged by Courier NZ in comfortably sufficient time.
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligations.
12. EXTENT OF OUR LIABILITY
12.1. Subject to condition 13 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
a). If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo (approximately 20 Euros per kilo although the rate of exchange is variable).
The NZ Carriage of Goods Act limits the maximum liability for the loss or delivery of goods within NZ to NZ$1500 per package.
b). If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo (approximately 10 Euros per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
c). If none of the above conventions apply and we have a liability to you for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed 17 Euros per kilo limited to a maximum of 3,000 Euros per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
12.2. Subject to condition 13 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you is at all times limited to 3,000 Euros per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed 3.40 Euros per kilo with a maximum of 3,000 Euros per event or series of connected events.
13.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
13.2. We are not liable if we do not fulfil any obligations towards you at all as a result of:
a). circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson.
b). your acts or omissions or those of third parties such as:
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in condition 11;
- an act or omission of any customs, airline, airport or government official.
c). The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
13.3. We are not a common carrier and do not accept from you any liabilities of a common carrier. Under normal circumstances we do not accept shipments sent to and from residential addresses.
14. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be entirely at your own risk.
15. INCREASED LIMITS OF LIABILITY FOR INTERNATIONAL SHIPMENTS
15.1. An increased limit of liability option (“ITLL”) can be purchased for the carriage of international shipments for loss or damage to your shipment (non document shipment) subject to the conclusion of a specific agreement to that effect between you and us.
15.2. On receipt of payment of our current charge for the ITLL, we will increase our limit of liability for loss or damage to your shipment to 45 Euros per kilogram for shipments of 10 kilograms and above and for loss or damage to shipments below 10 kilograms to 450 Euros per shipment provided that at all times the maximum liability that we offer and accept is 6,000 Euros per shipment.
15.3. ITLL does not apply where:
a). our liability is excluded as set out in these terms and conditions,
b). no specific agreement to that effect exists between you us, and/or
c). you fail to pay us our charge for the increase in our limit of liability.
15.4. For the avoidance of doubt, ITLL does not cover losses of a consequential nature (see paragraph 13.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions.
15.5. ITLL is not available for other services or for precious stones, precious metals, laptop computers, plasma or LCD screens, jewellery, money, glass, china, objects of art, antiques, documents or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
16.1. You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipment) by completing the relevant box on the consignment note and paying the indicated charge to cover you against “all risks” of loss and damage during carriage up to a maximum of 3,000 Euros per shipment. This insurance is not available for precious stones, precious metals, laptop computers, plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques, documents (other than the reconstitution cost as provided for in paragraph 16.2 below) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
16.2. You may purchase insurance from us for the reconstruction, reproducing, reissuing or re-printing cost (including the costs of the materials (e.g. paper) plus reasonable labour costs) of your document shipment by completing the relevant box on the consignment note and paying the indicated charge to cover you against “all risks” of loss and damage during carriage up to a maximum of 500 Euros per shipment. This insurance is only available for documents which are listed on the website of the branch that accepts your shipment for carriage.
16.3. The above insurance options (16.1 and 16.2)
(i) do not cover losses of a consequential nature (see paragraph 13.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions,
(ii) are not available for non-carriage services and
(iii) are not available for a limited number of countries. For a list of these countries, and/or to obtain further details on the insurance conditions and coverage, please contact our customer service center or visit the website of the branch that accepts your shipment for carriage.
17. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
18. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
a). you must notify us in writing about the loss, damage or delay to international shipments within 21 days after delivery of the shipment, within 21 days from the date the shipment should have been delivered or if the claim relates to other services within 21 days from the date you ought reasonably to have become aware of the loss, damage or delay and then within the next 21 days you must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered. We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
b). we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
c). save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;
d). in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
e). the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
f). under the NZ Carriage of Goods Act you must notify us in writing about damage to domestic or inbound New Zealand shipments within 7 days after delivery of the shipment, or in the case of loss or non-delivery you must notify us in writing within 14 days from the date the shipment should have been delivered. We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
19. RATES AND PAYMENT
19.1. You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes thereon within 7 days from the date of our invoice. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid. You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the prevailing base lending rate of the Bank of New Zealand or other New Zealdn trading bank as nominated by us. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
19.2. Our current standard rate card is available on request. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our rate card.
19.3. The door to door delivery rates shown on our current standard rate card include provision for
simple border clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
(i) formal customs entries involving more than three different commodities;
(ii) customs bonds or the need to deliver goods under a customs bond;
(iii) temporary import facilities;
(iv) clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if he or she does not pay us.
19.4. You may give us special invoicing instructions or agree with the receiver of the shipment or
another third party that he or she will pay our charges and/or any duties, taxes, penalties, bonds,
assessments, expenses, surcharges and fines levied or incurred by us in connection with the shipment. If the receiver or other third party refuses to pay our charges for the carriage or reimburse us for any of the above costs you agree to pay these amounts within 7 days of us notifying you of the refusal to pay.
19.5. Our invoice does not include a copy of the Proof of Delivery, which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents.
19.6. Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
19.7. With respect to time-guaranteed products that we may offer and that you order, if we fail to
deliver your shipment within the time specified, if our failure was not caused by any events set out in paragraph 13.2 and if you notify us of your claim in compliance with condition 18, we will charge you, within the same product category as the service you ordered, for the actual delivery service provided (e.g. afternoon delivery) rather than charging the price we quoted for the service you asked for (morning delivery).
19.8. We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.
19.9. You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
20. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any employee or former employee of yours or of any supplier or former supplier to you or of any third party which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.
21. LAW AND JURISDICTION
21.1. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force
21.2. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of New Zealand from where acceptance of your shipment for carriage or performance of other services has been made.
22.1. Headings and paragraph numbers in this document have been inserted for convenience only and shall not affect the interpretation of these terms and conditions.