Terms of Trade
"Act" means the Carriage of Goods Act 1979.
"Actual Carrier" has the meaning set out in the Act
"Bank Account" means [BNZ Bank Limited]
"PTS Group" means the registered transport operations of PTS Logistics Limited, Auto Logistics Limited, Jeffs Vehicle Deliveries, Auto Movements, and NZVD.
"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.
"Goods" means cargo together with any vehicle,container, packaging, or pallet(s) to be moved from one place to another by way of the PTS Group's Services, or for storage by the PTS Group.
"Hazardous or Dangerous Goods" means any item which the PTS Group 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 C.1 and accepted by the PTS Group through the appointment of a repair agent or by obtaining two repair quotes.
"Receiver" means a consignee of Goods and/or Vehicles and includes the consignee's agent.
"Transport Rates" means the rates or charges charged by the PTS Group 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 the PTS Group for the statement of rates or charges for Transport Services.
"Transport Service" means any service provided by the PTS Group for the carriage of Goods, including vehicles by road or rail and includes any other service provided by the PTS Group relating to or incidental to that carriage.
"Vehicles" means any motor vehicle or vehicles to which a Transport Service applies.
A.1 Where a Contract of Carriage is accepted by The PTS Group, The PTS Group agrees to provide the Transport Service requested by the Customer for the carriage of the Goods as set out in that Contract of Carriage.
A.2 The Customer hereby warrants that they either have legal title to the Goods or express or implied consent of the legal owner of the Goods to request the PTS Group to undertake the Transport Service.
A.3 These Conditions shall apply to and govern the supply by the PTS Group of Transport Services to the Customer. If there is any conflict or inconsistency between these Conditions and the terms of any order submitted by the Customer or any price list, invoice or delivery docket issued by The PTS Group, these Conditions shall prevail unless otherwise agreed in writing by The PTS Group.
A.4 These Conditions may only be varied in writing signed by a duly authorised signatory of The PTS Group and no other employee, agent or representative of the PTS Group shall have any authority to amend, modify or add to these Conditions. Amendments shall be effective upon receipt in writing from the Customer.
B. Inspection of Vehicles and Carrier's rights
B.1 Inspection of Vehicles: The PTS Group shall visually inspect Vehicles before their acceptance for carriage. The Customer must assist with the inspection if required by The PTS Group. Inspections are carried out in good faith and as the Vehicle are presented to The PTS Group staff. Any clearly visible damage to, or missing items from any vehicle presented for Carriage shall be noted on the consignment note or condition report. Failure of The PTS Group to inspect any Vehicle, at all or adequately, does not impose any additional liability upon The PTS Group or affect any obligation of The PTS Group in relation to that vehicle. The PTS Group accepts no liability for any pre-existing damage which may include but is not limited to:
(1) any individual marks, blemishes or stone chips;
(2) any surface scratches, paint or minor damage that is under protection wax or film;
(3) any damage or marks found after the Vehicle has been washed and groomed unless the Vehicle was presented to the The PTS Group washed and groomed.
B.2 Carrier's right to search Vehicles: The PTS Group is entitled to inspect or search any Vehicle to be carried on a Transport Service if The PTS Group believes that the Vehicle contains Hazardous or Dangerous Goods, or any other goods for which these Conditions or any other law have not complied with. The PTS Group may at its sole discretion remove, or have removed at the Customer's expense, any item that it considered to be or may be considered Hazardous or Dangerous Goods. The PTS Group does not accept any liability for items carried within a Vehicle.
B.3 Carrier's right to refuse to accept Vehicle for Carriage: The PTS Group in its absolute discretion reserves the right to refuse to carry any Vehicle without the need to give any explanation to the Customer.
B.4 The PTS Group reserves the right to charge a reasonable fee for any Vehicles that are not available for the The PTS Group Transport Service at the agreed time and place for any reason unless otherwise agreed with The PTS Group. Any such fee will be charged to the Customer directly.
B.5 Vehicles and their accessories must be in a fit state to be transported. Any trailer Auto Logistics ltd contracts to tow must be in a roadworthy state, with current warrant of fitness/COF. Any vehicle or trailer Auto logistics ltd considers unsafe or unfit will not be moved.
B.6 Vehicle acceptance: Acceptance of Vehicles by The PTS Group for Transport Services is deemed to occur at the time the Vehicle or Vehicles are loaded on the transporter or other means of transport used to provide the Transport Service, or when a signed vehicle docket is completed with respect of the Vehicles.
B.7 Buyer-Packed Containers: If a Container has not been stowed by or on behalf of the PTS Group, the PTS Group 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; or
(c) the unsuitability or defective condition of the Container.
C. Claims related to Vehicles Carried
C.1 Notice of claim: Any claim against The PTS Group in respect of alleged loss of or damage to vehicles carried on a Transport Service must be given in writing to The PTS Group within twenty four hours after the date on which The PTS Group responsibility for those vehicles has ceased. The PTS Group 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.
C.2 If claims are not made before the Vehicles are repaired by the Customer or The PTS Group is not given a reasonable period to investigate the claim and appoint an agent or obtain quotes as required under clause C.1 above (for repair of Vehicles that are proven to be damaged in the course of Transport Services), 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 PTS Group shall not have any liability in respect of those claims or otherwise in respect of the Vehicles.
D. Liability (Goods, except for Vehicles)
D.1 This contract is "at limited carrier's risk".
D.2 Subject to statutory provisions imposing liability in respect of the loss of or damage to the Goods (including but not limited to chilled, frozen, refrigerated or perishable Goods):
(a) the PTS Group 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 PTS Group 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 PTS Group 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 PTS Group or otherwise, brought by any person in connection with any matter or thing done, said or omitted by the PTS Group in connection with the Goods.
D. Liability (Vehicles)
D.3 Any carriage under a Contract of Carriage is deemed to be at Limited Carrier's risk in accordance with section 8(1)(b) of the Act unless additional insurance cover is arranged and agreed in writing between the parties (pursuant to section 8 of the Act), which agreement shall be confirmed in writing by The PTS Group and a copy supplied to the Customer. Bookings made online with Customer clicking acceptance of terms and conditions shall be deemed written acceptance of these terms and conditions. Especially of condition that immobile and lowered vehicles and or vehicles with low-hanging body kits are transported at owner's risk (excluded from standard carriers insurance of $2000).
D.4 Maximum amount of liability: The PTS Group is not liable for any amount in excess of Proved Damages to the Vehicles; and The PTS Group is not liable for any such Proved Damages in excess of the sum provided in section 15(1) of the Act.
D.5 Exclusion of indirect and consequent loss: The PTS Group is not liable for any form of indirect or consequential loss or damage arising out of or in respect of any Transport Service. Any liability of the kinds specified in subsections 15(2)(b) and (c) of the Act is expressly excluded whether in respect of the carriage of goods or otherwise. Without limiting the foregoing, The PTS Group is not liable for indirect or consequential loss or damage arising from:
(1) delay in delivery of any Vehicles for any reason; or
(2) damage to Vehicles from leakage, explosion, or the effects of climate or the elements; or
(3) 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 The PTS Group.
D.6 Contributory negligence: Where there is contributory negligence on the part of a Customer, The PTS Group liability shall be limited to an amount that excludes the contributing negligence.
D.7 Immobile Vehicles: If any Vehicle presented for carriage does not start or is not able to be loaded onto a transporter, The PTS Group may in its absolute and sole discretion refuse to carry that Vehicle. Immobile vehicles are transported at owner's risk.
D.8 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 PTS Group undertakes no liability for any subsequent damage while carrying out the Transport Service.
D.9 Securing devices: The PTS Group is required by law to use securing devices to stabilise and secure any Vehicles. The PTS Group is not liable for any loss or damage to any Vehicles if that loss or damage is caused by the chafing or moving of securing devices which have been attached by The PTS Group to prevent loss or damage resulting from carriage. Any special requirements must be accepted in writing by The PTS Group prior to carrying out the Transport Services.
D.10 Errors, omissions and representations: The PTS Group is 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 The PTS Group 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 PTS Group except where prior confirmation in writing is obtained from The PTS Group.
D.11 Extension of exclusion or limitation to agents: Any exclusion or limitation of the liability of The PTS Group applies to and for the benefit of The PTS Group 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 PTS Group, the Actual Carrier and their respective agents, employees, representatives and contractors shall not exceed the maximum amount of The PTS Group liability. The liability of any Actual Carrier is determined pursuant to section 10 of the Act.
D.12 Contents of Vehicle being transported: Where a Contract of Carriage is entered into’ the contract shall be for the vehicle as a whole. Auto logistics ltd takes no responsibility for Items or personal effects stowed in vehicle, including damage to vehicles resulting from stowed items being present in vehicle during transport.
E. Rates and Charges
E.1 Each Transport Service is performed at and is subject to payment by the Customer of the applicable Transport Rate, current at the time of carriage. The PTS Group may from time to time fix or impose special rates or vary existing Transport Rates or terms of payment without notice.
E.2 The PTS Group is not bound by quotations or estimates of Transport Rates or conditions of contract or carriage given verbally unless they are confirmed by The PTS Group in writing in accordance with these Conditions.
E.3 Additional handling charges: If The PTS Group incurs any additional costs in handling any Vehicles, or if the Vehicles are not able to be started or loaded onto a transporter, the Vehicles will be treated as immobile 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.
E.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.
F.1 The Transport Rate and any additional tax or handling charge payable by the Customer for a 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 PTS Group for payment, in which case payment is due by the 20th of the month following invoice date.
F.2 Prices of any Contract of Carriage are unless otherwise stated, expressed in New Zealand dollars, do not include GST or any fuel surcharges applicable at the time and are based on current Transport Rates. To the extent they are applicable fluctuations in the cost of labour and raw materials, exchange rates and any variations are for the Customer's account.
F.3 If there is no credit arrangement and payment is not made in advance of acceptance of the Vehicles for the Transport Service, or if the amount collected by The PTS Group or its agent is not the applicable Transport Rate plus any additional tax or charge, the difference must be paid by the Customer before commencement of the Transport Service. Payment can be accepted through Visa, MasterCard, cheque or cash. Electronic banking direct to the Bank Account is also acceptable. Until payment is received the Transport Service will not be actioned.
F.4 Credit arrangements - authorisation to collect information: In any situation where The PTS Group 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 The PTS Group, The PTS Group will be entitled to collect from sources other than that Customer any information The PTS Group considers relevant to assessing the creditworthiness or financial position of that Customer. The PTS Group will be entitled to disclose any such information to any of its subsidiaries, associated companies or any other person engaged in business with The PTS Group from time to time.
F.5 Late Payment: Overdue payment shall constitute a breach of these Conditions and the Customer will, upon demand, pay penalty interest to The PTS Group on any overdue amount at the rate of 2.5% per month compounding from the date that payment was due until payment including interest charges is received in full by The PTS Group. The PTS Group may charge this penalty interest without prejudice to its other rights and remedies.
F.6 The PTS Group 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 The PTS Group.
F.7 Where a Customer has a credit arrangement with The PTS Group, The PTS Group 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.
G.1 The PTS Group recognizes its responsibility to keep confidential at all times any information which it acquires in connection with any credit card transaction.
G.2 The PTS Group uses any information obtained for the purposes of tracking a transaction, ensuring payment and being able to process refunds to the customer. The PTS Group will not use any information obtained for any purpose other than the transaction with the cardholder, and will not divulge or provide any information to any other entity unless required by law or authorized by the cardholder.
H.1 Time of delivery shall not be for the essence of any Transport Service, but The PTS Group 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 The PTS Group incur any liability due to any failure to deliver Vehicles by an agreed date.
H.2 Vehicle delivery: Delivery of Vehicles by The PTS Group is deemed to occur at the time the Vehicles are left by The PTS Group for collection by the Customer or the Receiver at the agreed destination provided by the Customer in the Contract of Carriage.
H.3 Delivery not collection: The PTS Group is only responsible for delivery of Vehicles, not for their collection from the delivery destination.
H.4 Unclaimed Property: If for any reason, Vehicles are not removed or collected from the agreed destination as soon as possible after delivery by The PTS Group, or Vehicles are unable to be delivered to the destination address (for any reason other than the fault of The PTS Group) then:
(1) The PTS Group is 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 Vehicle where relevant); and
(2) The PTS Group 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 The PTS Group to collect the Vehicles, The PTS Group 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.
H.5 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.
I. Default and Remedies
I.1 If the Customer defaults in payment or performance of any of its obligations under a Contract of Carriage or any other agreement with The PTS Group or if the Customer shall before then become bankrupt or commit any act of bankruptcy or compound with its creditors, have judgement entered against it in any court or go into liquidation whether voluntary or otherwise or have a receiver or manager appointed to give a security over its stock or plant, or if information becomes known to The PTS Group which in the The PTS Group opinion might materially affect the Customer's creditworthiness, the value of the Vehicles or the Customer's ability to comply with its obligations under these Conditions or any other agreement with The PTS Group:
(1) is irrevocably authorised by the Customer at any time thereafter to retain possession of and remove the Vehicles and to use the Customer’s name and to act on his/her behalf in exercising such rights without being liable in any way to the Customer;
2) may require immediate payment of all amounts payable to The PTS Group; (c) may withhold delivery of Vehicles without notice; and (d) may require cash payment for future services.
I.2 Carrier's Lien: The PTS Group 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 The PTS Group. In any proceedings or actions relating to a default by the Customer, the Customer shall indemnify The PTS Group upon demand for all claims by any third party for any losses resulting from The PTS Group retaining possession of the Vehicles and for all costs and expenses incurred by The PTS Group 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 The PTS Group for all costs of collection that are incurred by The PTS Group 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 The PTS Group upon demand.
J.1 The PTS Group is entitled at any time to assign to any other person, all or part of any debt owing by the Customer to The PTS Group.
K. Governing Law
K.1 Any Contract of Carriage shall be governed by and construed in accordance with New Zealand law.
K.2 Partial Invalidity: If any provision contained or referred to in these Conditions is in conflict with any statutes, regulations, rules, bylaws, ordinances, orders and all other requirements or conditions ("Other Law") that apply to the provision of a Transport Service under these Conditions and that Other Law cannot be waived or avoided by these Conditions, then that provision only remains applicable to the extent that that provision is not in conflict with the Other Law. The invalidity of any provision of these Conditions does not have the effect of invalidating the whole or any other clause of these Conditions.
K.3 No waiver: Nothing in these Conditions represents a waiver or surrender by The PTS Group of any statutory or other legal right, immunity, exception, limitation, protection, privilege or defence.
L.1 The PTS Group reserves the right to charge a cancellation fee, especially in cases where transport service has commenced before cancellation is received in writing from customer.
L.2 All cancellations are to be received by the PTS Group in writing for customer.
M.1 Refund process will only commence once vehicle/goods relating to cancelled transport service or storage has been collected by customer or agent of customer has removed from The PTS Group care/premises, or Customer has agreed with the PTS Group for the cost to deliver goods/vehicle to an agreed location is to be deducted from refundable amount.
M.2 Refunds will only be made to the value of contracted service proportion not completed by The PTS Group prior to receiving written cancelation and or refund request from customer, less any other costs incurred by The PTS Group in relation to cancelled transport service.
M.3 Refunds in full will only be given at the absolute discretion of The PTS Group, and only if contracted carriage/storage has not commenced. When or if Contracted carriage commenced shall be decided solely by The PTS Group.
M.4 Refunds will be processed within 7 working days of the above conditions in section M being satisfied and provided all information needed to make payment is provided by customer.