Terms and Conditions
STINGRAY ENTERPRISES LIMITED T/A ADVENTURE TRANSPORT NZ – TERMS OF SERVICE
These Terms of Service (‘terms”) apply in respect of all services provided by us for you, except to the extent that we otherwise agree with you in writing.
If you continue to instruct us after receipt of these terms you are acknowledging your acceptance of them. a paragraph.
1: SERVICE TERMS
1.1 The services we are to provide for you are those outlined in our quote to you.
1.2 Delivery has been completed when the goods have been delivered to the stated delivery address as provided by you and as outlined in our quote to you.
1.3 To complete delivery, you agree that we can rely on the instructions of the recipient or other person at the delivery address, unless we have specifically agreed otherwise, such instruction to be recorded in our quote to you.
1.4 All delivery times are estimates only and are subject to change. Where the delivery time cannot be achieved or is unlikely to be achieved, we will contact you at the earliest opportunity to advise you of this. We are not liable for any loss incurred by you as a result of any change in delivery time. Notwithstanding this, we agree that we will use our best endeavours to transport your goods within the delivery time given to you.
1.5 Where delivery of the goods cannot be achieved within the delivery time solely due to any action or inaction by you, we shall be entitled to charge you for any additional costs incurred or services rendered.
1.6 You agree to, upon request, promptly provide us with any information or assistance reasonably required by us to carry out our services to you including, but not limited to, providing us with details of the goods to be transported, contact details for yourself and the person/organisation we are transporting the goods to/from.
1.7 No parts or other items are to be attached to any of the goods being transported. Any additional parts being transported must be boxed or wrapped and will incur an additional fee unless otherwise agreed at time of booking.
1.8 We will not transport or deal with the following Prohibited Goods:
· Any noxious, dangerous, or flammable goods, goods likely to cause damage.
· Goods which it is unlawful to carry.
· Any goods that do not belong to you or are not lawfully in your control. In accepting our quote, you warrant that the goods we are transporting for you are not Prohibited Goods.
1.9 We reserve the right to sub-contract all or any part of our services to a third party as required.
2: PRICING AND PAYMENT
2.1 The price for our services shall be as indicated on our invoice is payable in full prior to collection of the goods unless otherwise agreed.
2.2 Failure to pay our invoice in full will result in the termination of our services to you.
2.3 Payment may be made by electronic/on-line banking or by such other payment method as agreed by us.
2.4 Unless otherwise stated, all pricing is inclusive of GST. You must pay all applicable GST , without deduction or set off of any amounts, at the same time and on the same basis as the price for our services.
2.5 WISE MOVE bookings/payments:
When our services are booked by you through Wise Move, any cancelations without reasonable cause or notice to us will incur a 10% fee to cover our booking fees. All other pricing and payment terms outlined in section 2 apply.
3: OUR LIABILITY
3.1 Our services are provided “at limited carrier’s risk” and the provisions of the Contract and Commercial Law Act 2017 apply unless we specify otherwise in these terms.
3.2 Our liability for any direct loss of, or damage to, the goods is limited to $2.000 per unit of goods.
We encourage you to arrange your own additional transit cover as applicable.
3.3 You must claim any compensation for any loss or damage to goods by providing us with written notice of such claim giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss within 7 days of the date of delivery of the goods or in the case of non-delivery within 14 days after the date of collection of the goods by us from the consignee/you.
3.4 Any claim made in Court against us must be made within six months after you supplied us the goods for delivery.
4 GENERAL
4.1 These terms apply to you in relation to all services we provide to you whether now or in the future, whether or not we send you another copy of these terms.
4.2 We are entitled to change these terms from time to time without notice to you but in such case, we will provide you with a copy of our updated terms.
4.3 You indemnify us in respect of all actions, claims, proceedings, expenses and costs (including legal costs), in connection with any breach of these terms by you.
4.4 You are not entitled to set off against, or deduct from any amount payable to us, any sums owed or claimed to be owed to you by us, nor withhold any payment of any invoice because any part of that invoice is in dispute.
4.5 Where you are instructing us in your capacity as a director or shareholder of a company, then you warrant:
· That you have the authority to instruct us to carry out the services for your organisation.
· That the Company is solvent.
4.6 Our failure to enforce any provision of these terms shall not be treated as a waiver of that provision, nor should it affect our right to subsequently enforce that provision.
4.7 If any provision of these terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
4.8 Unless expressly stated otherwise, we are not your agent, and you are not our agent.
4.9 These terms and the services we provide to you are governed by New Zealand Law and the New Zealand courts have nonexclusive jurisdiction.