Terms and Conditions

AIR FREIGHT NZ - CARGO

CONDITIONS OF CONTRACT

THESE CONDITIONS OF CARRIAGE (“Conditions”) apply to all goods conveyed by Air Freight N.Z. Cargo (referred to as the Carrier and which includes, unless the context otherwise requires, companies in the Freightways Group together
with the Carrier’s employees, agents and sub-contractors).
1. LIABILITY OF CARRIER
a. The contract shall be at ‘limited carriers’ risk’ as defined in the Carriage of Goods Act 1979 (‘the Act’) and on the terms set out in these Conditions unless:
i. The Carrier or its designated agent has agreed in writing to vary these Conditions of Contract; or
ii. There is a written contract expressed to be ‘at owners’ risk’ signed by the parties or their agents relating, but not necessarily exclusively, to the carriage of goods, in which case the contract shall be at ‘owner’s risk’.
b. In either case (but in the case of a contract ‘at limited carriers risk’ subject to the limitation contained in section 15(1) of the Act).
c. The Carrier shall not be under any liability for loss or damage in respect of the goods including, but not limited to any loss or damage arising from deterioration, miss-delivery, delay in delivery or non-delivery of the goods whether caused or arising as a result of the negligence of the Carrier or otherwise 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.
d. The Contracting Party will indemnify the Carrier against all claims of any kind whether caused or arising as a result of the negligence of the Carder or otherwise, brought by any person in connection with any action or inaction by the Carrier in connection with the goods.
2. NOTIFICATION OF CLAIMS AND LIMITATION OF ACTIONS
a. The Carrier shall be under no liability whatsoever unless:
i. Written notice of any claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss, is received by the Carrier within 7 days after delivery or, in the case of non-delivery within 14 days after the date of despatch.
ii. A claim on any goods received by the Contracting Party or its agent that are accepted ‘Subject to Inspection’ shall be in writing giving reasonable particulars of the event arising to the claim and any alleged damage or loss, and should be received by the Carrier within 7 days after delivery;
iii.An action shall have been commenced by the Contracting Party in a Court of competent jurisdiction within 6 months of delivery or, in the case of non-delivery within 6 months and 14 days of the date of despatch.
b. Sections 18, 19 and 20 of the Act shall not apply to the contract.
3.THE Carrier reserves the right to refuse carriage for any person or for goods or class of goods and (without limitation):
a. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations. (Further information is available from us on request);
b. items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over;
c. items the Carrier determines are unsuitable for carriage by reason of their weight size, shape, character, or which are fragile, valuable or perishable;
d. live animals, expect as specifically agreed in writing by the Carrier;
e. For reasons of safety and security the Carrier may search, x-ray or other type of scan of any goods. In the event an x-ray or other scan causes damage to the goods, the Carrier shall not be liable for such damage.
4. ALL terms used in these Conditions shall have the meanings as set out in the Act. Where the Conditions differ from the provisions of the Act then (to the extent that the Act provides) these Conditions prevail and the parties are deemed to
have contract out of the provisions of the Act. The Carrier shall not be bound by any agreement varying these Conditions unless such agreement is in writing and signed by an authorised representative of the Carrier.
5. THE goods shall comply with the requirement of any applicable law relating to the nature, labelling or packaging and carriage of goods. The expenses and charges of the Carrier in complying with the provision of any such law or with any order or with the requirement of any relevant authority (including without limitation) any tax, duty, expense, charge, levy or fine arising out of breach of any applicable law shall be paid by the Contracting Party.
6. THE goods shall be safely and properly packaged and labelled and fully described in writing in a manner specified by the Carrier. Labelling shall include (without limitation) the name, the nature and the value of all goods subject to special rates of carriage or of a noxious, dangerous, hazardous or inflammable nature or capable of causing damage or injury to any other goods, or property or to any persons or animals and additional freight charges shall be paid on such goods if deemed necessary by the Carrier. Failure to safely and properly package or label or to fully describe any goods shall render the Contracting Party liable for any loss or damage caused to or by such goods and acceptance of the goods for
carriage without discovery of any such defect or lack shall not exclude or diminish any liability on the part of the Contracting Party.
7. PAYMENT shall be considered earned as soon as the goods are loaded and dispatched. Should payment in full not be made to the Carrier by the 20th of the month following invoice date as provided by Section 9 of the Act then the Contracting Party shall pay interest on the outstanding amount at a rate of 1.5% per month or part thereof computed from such date. Section 21 of the Act shall not apply.
8. THE Carrier may charge by weight, measurement or value, and may at any time re-weight or re-value or re-measure or require the goods to be re-weighted, revalued or re-measured and charge proportional additional payment accordingly.
9. EVERY special instruction to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that if the consignee does not pay the said charges by the 20th of the month following invoice date or if no date is set for payment, within 30 days of delivery or tendered delivery of the goods, then the consignor shall pay all charges. When the nominated payee does not pay the charges, these charges will be transferred to the other party for payment and an account transfer charge will also be payable.
10. THE Contracting Party will be and remain responsible to the Carrier for all its proper charges incurred for any reasons, including but not limited to labour for loading and unloading vehicles.
11. THE Carrier may carry on on-forward all goods or have them carried by any method or any person which the Carrier deems fit by any method or any person which the Carrier deems fit and notwithstanding any instructions that the goods
are to be carried or on-forwarded by another method.
12. THE Contracting Party authorises the carder to contract either as Principal or an agent for the carriage of goods and any such contract will be made upon the terms and subject to the conditions of any bill of lading or other forms or terms of contract for carriage, whether by air, sea, rail or road.
13. 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 AND as bailee shall not be under any liability for any loss of or damage to the goods however caused, OR at its discretion return the goods to the Contracting Party at the risk and expense of the Contracting Party.
14. THE Contracting Party expressly warrants that they are either the owner or the authorised agent of the owner of any goods or property being carried, that the person signing this contract has authority so to do, and by entering into this contract the Contracting Party accepts these Conditions for the Contracting Party as well as for all other persons on whose behalf the Contracting Party is acting.
15. THE goods are accepted subject to a general lien for all charges now due on which may hereafter become due to the Carder on any account. If the lien is not satisfied within 7 days of such payment being due the carder having given notice of the lien may at its option either:
a. remove such goods or part thereof and store them in such place and manner as the carrier shall think proper and at risk and expense of the Contracting Party or as the case may be;
b. open any package and sell such goods as part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage thereby caused.
16. IN the event that the Carrier agrees in writing to arrange for insurance of the goods, the Carrier as the Contracting Party’s agent will, at the cost of the Contracting Party, arrange with a lawful insurer insurance of the goods. The limit of the cover provided by such insurance as arranged by the Carrier for the Contracting Party shall be the amount specified in writing and the following exclusions will apply:
a. all claims resultant from wear, tear, moths, vermin, damp, mildew or loss of market loss, loss damage or expense proximately caused by delay or inherent vice or nature of the subject matter insured; and
b. gradual deterioration rust/or oxidation unless due to or consequent upon fire collision overturning or other accident to the conveyance;
c. AND such insurance shall be otherwise on the terms and conditions normally offered for such class of business by the underwriter with whom such insurance is affected PROVIDED HOWEVER that the limit shall not be construed as agreed value. The agreed value shall be the amount representing the value of the goods as invoiced by the Contracting Party with a limit in any event of the amount specified on the face hereof. PROVIDED FURTHER that any amount received by the Contracting Party under such a contract of insurance shall be applied in extinguishing the liability of the
carrier hereunder.
17. WHERE the Contracting Party is acquiring carriage of goods or is holding itself out as acquiring carriage of goods or is holding itself out as acquiring the carriage of goods for the purposes of a business then:
a. the provisions of the Consumer Guarantees Act 1993 shall not apply to the carriage;
b. the Contracting Party warrants that where it supplies any goods or services which include this carriage to any of its customers it will do so using terms and conditions of supply which exclude liability for any claims under the Consumer Guarantees Act 1993, but in the case of supply to an end user/consumer, only where the end user/consumer acquires the goods or services for business purposes; and
c. the Contracting Party warrants that it will indemnify the Carrier against any failureby the Contracting Party, its agents, contractors or subcontractors or its customers to properly contract out of liability to business end users/consumers under the Consumer Guarantees Act 1993.
18. IN the event that the Consumer Guarantees Act 1993 is deemed to apply, nothing in these Conditions and in particular in clauses 1 (b), 11 or 15 limits or affects the Contracting Party’s rights and remedies under that Act.