Our customer’s attention is drawn to our standard trading conditions, which exclude or limit the company’s liability and may require the customer to indemnify the company in certain circumstances. All business done by the company is subject to these standard trading conditions and any transport document issued by the company or a carrier for services provided to the customer. In the event of any differences between these standard trading terms on any of the documents, then these trading terms shall apply. The use of the customers own trading terms do not affect these trading terms which will prevail. Use of the company’s services constitutes an acceptance of theses standard trading terms and conditions.
Carrier is the actual carrier handling the goods or any of their staff.
Company is Green Freight Limited, its servants, agents, subcontractors.
Container means any container, tank, pallet or other packaging article used to carry, consolidate, package or store the goods.
Customer is the person using services from the company whether as a principal or as an agent or shipper, consignee, receiver, or owner of the goods.
Dangerous Goods means goods which are dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature or causing damage or injury to anything.
Goods mean the whole and any part of the chattels, articles and anything tendered by the customer, including the container.
GST means Goods and Services Tax pursuant to the GST Tax act 1995.
Services means all/any services supplied by the company to the customer which includes, but not limited to, break bulk, carriage, consolidation, customs clearance, handling, insurance, lifting, packing, removal, storage, warehousing or any import or export service and arranging any of these services through a 3rd party.
Transport Document means any bill of lading, consignment note, contract of carriage, delivery order, house, master house or master air waybill, warehouse receipt or any other document issued by the company, carrier or a third party.
Valuable Cargo shall include bullion, coins, precious stones, jewellery, antiques, pictures, paintings, bank notes, securities, documents, articles or any goods with a value of NZ$1000 per kilogram or greater. Such cargo may not be delivered into the company’s warehouse and must have special arrangements to handle made.
2. Not a Common Carrier
The company’s business is primarily a wholesale freight forwarder and is not a carrier and the obligations of the company are limited to arranging the carriage of goods. The goods are carried at the customers risk and the customer authorises the company to act as it’s agent to enter into the terms and conditions in a transport document on behalf of the customer. The company is not a common carrier and accepts no liability as such. The company will not accept bullion, coins, precious stones/metals, jewellery, antiques, pictures, valuables, works of art, livestock, plants, any perishable cargo or any cargo that requires a Risk Management Programme certificate without prior written approval.
3. Regulations Relating to Goods
The customer shall comply with the requirements of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the company in complying with the requirement of any harbour dock, airport, shipping, Customs, Ministry of Primary Industry, Aviation Security, warehouse or other Authority or Corporation shall be paid by the customer and the customer is to provide all necessary assistance and documents to enable the company to comply with such laws, orders and requirements.
4. Dangerous Goods
a) The customer shall not tender any dangerous goods for carriage or storage without presenting to the company a full description thereof and giving such notice of intention to sending goods and comply with any applicable laws, regulations or requirements. If any goods are, in the opinion of the company, liable to become dangerous, inflammable, or damaging in nature, they may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the customer and without prejudice to the company’s right to freight and charges.
b) The customer shall not tender to the company for carriage or storage any goods, that are illegal, illegal to be transported, that are not properly/strongly packaged, labelled and addressed (with both shipper and consignee details) both in terms of the protection of the goods.
c) Whether or not the customer was aware of the nature of the goods, the customer shall indemnify the company against all claims, losses, damages or expenses arising in consequence of any breach of this clause. The customer must declare and notify the company in writing of any cargo that maybe considered too be dangerous goods and arrange special handling of such cargo.
5. Methods and route of transportation
a) Pending forwarding and delivery the goods maybe warehoused or held at any place at the sole discretion of the company at the customers risk and expense.
b) The company may at any time and without notice to the customer, use any form of transport or storage, unpack or remove goods which have been stowed in a box, container or any other type of package/packaging and proceed by any route in its discretion and comply with any orders/recommendations given by any authority or person acting on behalf of any authority.
6. Declaration of value
The company will not declare a value of the goods on a document unless the customer instructs in writing.
If the customer does not take delivery of the goods at the time the company has asked, the company is entitled to unstow the goods or store the goods at the customers risk and storage cost. If the customer then fails to take delivery of the goods within 30 days of arrival or in the opinion of the company the goods may deteriorate or decay and become worthless, or incur costs greater than the value, or be insufficiently addressed or identified, the company may without prejudice to any rights against the customer, without notice and responsibility, sell or dispose of the goods and apply any proceeds in reduction to the company.
8. Quotations, Freight and Charges.
a) Quotes are given on the basis of immediate acceptance and subject to the company’s right of withdrawal or revision. If any changes occur in the rates, costs or charges applicable to the goods, quotes and charges are subject to revision with or without notice. All rates are given in the currency of origin of service provided, usually NZ dollar and applied to the largest volume or weight. Airline volume equates to 167 kilos to 1 cubic meter.
b) Freight and storage charges are earned upon receipt of the goods by the company or a carrier and payable in full, upon delivery of the goods or the date that the
goods ought to have been delivered, whether or not the goods have been lost or damaged in any way. Storage is charged after 3 working days of arrival.
c) The company charges freight and storage by weight, volume weight or value and may reassess the goods and charge additional charges accordingly. Cartage volume is worked out differently than carrier volume.
d) Where a customer gives instructions that the company’s charges are to be paid by a third party the customer shall be liable to pay the charges in the third party does not, within 14 days of delivery.
e) The customer shall pay the company for services in accordance with its tariff, quote, charges as per terms agreed, but no longer than the 20th of the following month of invoice. Then the company, may at its discretion charge interest at a rate of 1.5 % per month calculated on a compound interest basis, minimum $30.
f) Collect freight charges will be converted into currency of destination at exchange rates set by the company and a collection charge will be added at the company’s discretion.
g) Except where otherwise stated freight charges quoted by the company are exclusive of GST, however where applicable GST shall be payable.
9. Payments of Duties, Expenses and Customs Entry
If the customer requests Customs Entry, Duties, GST, Taxes and expenses maybe paid at the company’s discretion. The company has no obligation to advance any such fees on behalf of the customer and will expect payment before outlay of charges. The customer indemnifies the company with all charges or issue’s that may arise.
The company may exercise a general and particular lien over any goods, transport documents, which are in its possession for payment for services and any amounts owed to the company, whether off not the amounts are owed in respect of the goods. The company shall be entitled to sell the goods following 7 days written notice to the customer. The sale shall not prejudice the right of the company to recover further amounts due if the sale does not cover the amount owing.
11. Perishable Cargo
The company does not have chillers and may accept perishable cargo after being notified and special handling arrange, all at due care and no responsibility.
The company does not offer insurance services of any sort and suggests all freight and movements is covered by a marine insurance policy. The majority of the company’s business is from other retail freight forwarders and it is up to this forwarder to arrange and offer insurance cover. Should the customer dispute liability for any reasons the insured shall have recourse against the insurers only and the company shall not have any responsibility or liability in relation thereto.
13. Claims Handling
The company is not obliged to advise or assist the customer to prepare or make claim against the carrier, airline or service provider and accepts no liability for any loss or damage whatsoever, however caused. At its discretion the company may offer assistance in the handling of claims, at the customer’s request. All cargo that is signed for unclean (damaged, wet, crushed, opened, pilfered, or any other defect) upon pick up or delivery must remain in the companies care until a complete inventory and assessment of loss has been done by the company and documented.
The customer expressly warrants that it is the owner or the authorised agent of the person owning or having interest in the goods and accepts theses standard trading conditions on its own behalf and also for the agent for the person owning the goods. The customer and or agent indemnifies the company against all claims by any other person for any loss or damage whatsoever arising out of incidental to or in connection with the services provided by the company. The customer agrees to indemnify the company in respect of any liability arising from negligence or breach of contract, in respect of any claim or allegation. The customer warrants that all information given to the company is accurate and adequate and indemnifies the company against any loss, damage, fees, expenses, arising or resulting from any inaccuracies or inadequacy in the information.
15. Exclusion of Liability
The company shall under no circumstances whatsoever (including negligence or wilful default) be liable for consequential loss, damage, injury, loss of business or profits however caused, payment of any charge, fines or penalty’s including through negligence on the part of its agents, or service providers. In all cases where liability has not been effectively excluded the total liability of the company for any loss or damage is limited to the lesser of – NZ$20.00 per kilogram, the replacement of
the goods or re-supply of goods/services the repair of the goods. In any case where the carriage of goods act may apply, the company’s liability shall be calculated in accordance with the limited carriers risk provisions. To the maximum extent permitted by law, the company shall not be liable for any damage to the goods solely by reason of the fact that it/its employees, servants or agents may have signed documentation incorrectly or accepting delivery of goods, which also confirms that the goods were delivered to the company free of damage.
16. Sub-Contracting and indemnity
The company shall be entitled to sub contract any part of the services provided. The customer shall be bound by such terms and shall indemnify the company against any claims arising. Any person or carrier providing the services shall have the benefit of these provisions as entering into this agreement the company does so as agent and trustee for such person or carrier.
17. Notice of loss
Any claim for loss, damage or any other reason must be notified in writing (pro-forma claim) to the company within 3 days of delivery of the goods or the date upon which the goods should have been delivered. Failing which the company shall be discharged of all liability whatsoever arising. The company shall be discharged from all liability unless a full claim is filled and served on the company within 6 months after completion of the services, delivery of the goods or the date when the goods were supposed to be delivered, whichever is the earlier.
18. Contrary Legislation
These standard trading conditions are to be read subject to relevant statutory provisions having effect in New Zealand which by law cannot be excluded, restricted or modified. Any such term of condition of these standard trading conditions which is inconsistent with or repugnant to that legislation shall be null and void to the extent of such inconsistency or repugnance.
19. Severability, amendments and law and jurisdiction
Each term or condition is severable from the other and if for any reason a term of condition is invalid or unenforceable it shall not prejudice or affect the validity of any other term or condition. The standard terms and conditions may be amended by the company with 20 working days’ notice. These standard trading conditions are governed by and shall be construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.