1. APPLICATION OF THESE CONDITIONS

All services relating to the carriage of goods provided to the Contracting Party by Four-D-Freight Limited shall be subject to these Conditions unless Four-D-Freight Limited agrees in writing to change them. Acceptance of a quotation, or providing goods for carriage, will be deemed to be acceptance of these conditions, despite anything the contracting party may state to the contrary.

2. LIABILITY OF CARRIER

2.1 The contract between Four-D-Freight and the Contracting Party shall be “at limited carrier risk” pursuant to the Act. Accordingly, the limitation of the amount of the Carriers liability contained in section 15 (1) of the Act shall apply.

2.2 Four-D-Freight shall not be liable (whether in contract, tort (including negligence or otherwise) for:

  1. any mis delivery, delay, or non-delivery of Goods (regardless of whether the Goods are or have been in the Carrier’s possession or not);
  2. any instructions, advice, or information given or provided by the Carrier to any person, whether in respect of the goods or any other thing or matter;
  3. any loss of profits, business, anticipated savings, or other economic loss or for any indirect, special or consequential loss.

3. NOTIFICATION OF CLAIMS AND LIMITATION OF ACTIONS

3.1 No liability whatsoever shall attach to the carrier in respect of a claim made under these conditions unless:

  1. Written notice of the claim, giving reasonable particulars of the event giving rise to the claim and the alleged damage or loss, is received by Four-D-Freight within seven days after delivery, or in the case of non-delivery, within fourteen days after the date of dispatch; and
  2. (if claim is not settled) an action commences by the Contracting Party in a Court of competent jurisdiction within six months after delivery or, in the case of non-delivery, within six months and fourteen days after the date of dispatch.

3.2 The parties acknowledge that the provisions of this clause 3 are in substitution for sections 18, 19 and 20 of the Act, which shall not apply.

4. CONTRACTING PARTY RESPONSIBILITIES

4.1 The Contracting Party shall ensure that all Goods consigned for carriage:

  1. comply with the requirements of any applicable law relating to the nature, labelling, packaging and consignment for carriage of such Goods.
  2. are safely and properly packaged and properly labelled.
  3. are fully and accurately described in writing in the space provided on consignment notes, including the name, nature and value of all Goods subject to special rates of carriage (i.e. declared value of goods) or of noxious, dangerous, hazardous or inflammable nature or otherwise capable of causing damage or injury to any other goods, or property, or to persons or animals.

4.2 The Contracting Party indemnifies the Carrier for any losses, damages, expenses, charges, levies or fines as a result of the Contracting Party’s failure to comply with its obligations under clause 5.1.

5. PAYMENT

5.1 Freight shall be considered earned as soon as the Goods are loaded and dispatched. Should payment in full not be made to Four-D-Freight Limited on or before the 20th day of the following month on which responsibility of Four-D-Freight Limited for the Goods ceases as provided by section 9 of the Act, then the Contracting Party shall pay interest on the outstanding moneys calculated on a daily basis at the rate of 1.5% per month computed from such date, and the parties agree that section 21 of the Act shall not apply. In addition to interest in outstanding monies, the Contracting Party shall be liable for all costs incurred by Four-D-Freight Limited in the collection of outstanding monies including (but not limited to) legal fees on a solicitor client basis, court costs, professional fees and commissions levied by Four-D-Freight Limited’s collection agents.

6. CARRIAGE

6.1 Four-D-Freight Limited may carry or sub-contract carriage of any Goods or have them carried by any method or by any person which Four-D-Freight Limited deems fit and notwithstanding any instructions that the Goods are to be carried or on-forwarded by another method. If the carriage of Goods is sub-contracted, Four-D-Freight Limited remains the Contracting Carrier.

6.2 From the date on which the responsibility of the Carrier ceases as provided by section 9(3) of the Act, the Carrier may hold the Goods if undelivered as bailee and shall be entitled to storage fees at normal rates charged by the Carrier. As bailee, the Carrier shall not be liable for any loss of or damage to the Goods, however caused. The Carrier may, in its discretion, return the Goods to the Contracting Party at the risk and expense of the Contracting Party.

6.3 The Goods consigned for carriage are accepted subject to a general lien for all charges now due or which may hereafter become due to Four-D-Freight Limited on any account. If the lien is not satisfied within 7 days of such payment being due, Four-D-Freight Limited having given notice of the lien may at its option either:

  1. remove such Goods or part thereof and store them in such place and manner as Four-D-Freight Limited shall think proper and at the risk and expense of the Contracting Party; or
  2. open any package and sell such Goods or part thereof upon such terms as it shall think fit and apply the proceeds in or towards the charges and costs of sale without being liable to any person for damage thereby caused.

7. PRIVACY

7.1 The Contracting Party authorises Four-D-Freight Limited to collect and hold personal information from any source it considers appropriate to be used for identification, credit, administration, service and marketing purposes. The Contracting Party further authorises Four-D-Freight Limited to disclose personal information held by Four-D-Freight Limited for these purposes to any other person.

7.2 If any personal information required by Four-D-Freight Limited is not provided, Four-D-Freight Limited may not be able to provide the requested credit and/or services to the Contracting Party.

7.3 The Contracting Party authorises any person or company to give Four-D-Freight Limited information that it may require in response to its credit and other enquiries.

7.4 The Contracting Party understands that it has a right of access to, and may request correction of, personal information held by Four-D-Freight Limited about the Contracting Party.

7.5 Where used in this clause 10 the term “Contracting Party” includes directors and shareholders of the Contracting Party.

8. CONSUMER GUARANTEES ACT (CGA)

8.1 If the CGA applies, these Conditions shall be read subject to the Contracting Party’s rights under CGA.

8.2 Where the Contracting Party acquires the Goods for the purpose of a business (as provided in sections 2 and 43 of the CGA), the CGA shall not apply.

9. GENERAL

9.1 Four-D-Freight may amend these Conditions from time to time by notice to the Contracting Party in writing and shall not be bound by any document purporting to vary these conditions unless it is in writing and signed with due authority on behalf of Four-D-Freight Limited.

9.2 No delay or failure by Four-D-Freight Limited to exercise its rights under these Conditions operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.

9.3 If a Court decides that part of these Conditions in unenforceable, the part concerned shall be deleted from the rest of these Conditions, which will then continue in force.

9.4 These Conditions will be interpreted in accordance with and governed by laws of New Zealand, and the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between the parties.

10. DEFINITIONS AND INTERPRETATION

10.1 The terms “Carrier”, “Goods”, “Consignee”, “Consignor”, and “Contracting Party” used in these Conditions shall have the meanings set out in the Act (unless the context requires otherwise), and where the provisions in these Conditions differ from the provisions in the Act then,
to the extent permitted by law, the provisions in the Conditions are in substitution for, and prevail over, the statutory provisions, and the parties agree that they have contracted out of the relevant provisions in the Act.

10.2 In these Conditions, the following words have the special meanings:

  • Act – Carriage of Goods Act 1979
  • CGA – Consumer Guarantees Act 1993
  • Conditions – These conditions of contract (as amended from time to time)
  • Contracting Party – The Contracting Party named in the attached credit application or invoice.

10.3 For convenience, these Conditions have been grouped under different headings, but the headings do not affect the meaning of these Conditions.

10.4 In these Conditions references to any law include any changes to that law which are in force from time to time.

BACK TO TOP