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Courier Connects
Terms and Conditions of Carriage and Trade - within NZ
Items carried through Courier Connect are carried under contract of “on declared terms”. These terms are declared as below, including any insurance cover of items as set out. These declared terms are deemed as accepted once an item has been collected through Courier Connect. This includes, but is not limited to the collection of any products (e.g. Satchels) purchased through Courier Connect and collected by any of our supplier partners.
1. Parties - This contract is made between the Customer (which term includes any contracting party in terms of the Carriage of Goods Act 1979) and Courier Connect Limited (Courier Connect). All business undertaken by Courier Connect, including the provision of any advice, information of other services, is undertaken upon and subject to these Conditions.
2. Consumer Guarantees Act - Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of these conditions will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.
Where the Customer is a business (as business is defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring Courier Connects services for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply.
3. Application of Carriage of Goods Act 1979 ("the Act") - Subject to the provisions of the Act, Sections 22, 23, 24, 25, 26 and 27 shall apply to the contract only to the extent that they extend or enlarge Courier Connects rights and powers in terms of these Conditions. Sections 18 and 19 are modified by clause 15 of these Conditions and the relevant sections shall, in relation to any matter arising out of the provisions of those sections, have effect subject to the express terms contained hereunder.
4. Supplier Partners & Subcontractors - All or part of any work accepted by Courier Connect may be fulfilled by Courier Connect engaging or entrusting the Customers goods to its authorized supplier partners & its supplier partners subcontractors on such terms agreed between Courier Connect and its supplier partners. The Customer agrees that all work may be performed on behalf of Courier Connect by any supplier partner, or supplier partners subcontractors. In carrying out the work on behalf of Courier Connect, the Customer acknowledges that the supplier partners and their subcontractors have the right to rely on the benefit of these Conditions to Courier Connect.
5. Protection of Servants and Agents - The Customer undertakes that no claim or allegation shall be made against any servant or agent of Courier Connect which attempts to impose upon any of them any liability whatsoever in connection with the goods and, if any such claim or allegation should nevertheless be made, to indemnify Courier Connect and any such servant or agent against all consequences thereof.
6. Ownership of Goods - The Customer expressly warrants to Courier Connect that it is the owner or the authorized agent of the goods and that it is authorized to accept and does accept these Conditions not only for itself but also for and on behalf of all other persons who are or may hereafter become interested in the goods.
7. Delivery - The goods shall be deemed to have been delivered when they are physically deposited at the address given to Courier Connect by the Customer or consignee for that purpose. The Customer accepts that no form of acknowledgment that delivery has occurred is required to be obtained.
8. Collection - The goods shall be deemed to have been collected when they are physically collected at the address given to Courier Connect by the Customer or consignee for that purpose. The Customer accepts that no form of acknowledgment that collection has occurred is required to be obtained.
9. Goods not matching the description provided - The customer shall be liable for any additional charges that may occur as a result of inaccuracies in the description provided of the goods, in either the quote or booking form, this includes, but is not limited to, number of items, size/dimensions of item/s, weight of item/s, type of goods, or rural delivery/collection address etc, this may include extra costs above the standard rate.
Under Ticketing on Pre-Paid Satchels or Tickets - The customer shall be liable for any additional charges that may occur as a result of not attaching additional tickets such as Rural or Residential when required, or from under ticketing an item, this may include extra costs above the standard rate per ticket. Courier Connect also reserves the right to place a hold against the customers remaining satchels/tickets until payment for incorrect ticketing has been received.
Goods not available for collection - If our supplier arrives to find the goods are unavailable for collection, as either the sender is awaiting payment for the goods or the goods are not left out for collection in the place stipulated on the booking agreement, Courier Connect reserves the right to withhold a 50% portion of the shipment fee, and would require a futher payment of that 50% to be made in order to re submit the shipment. If it is decided that the shipment is to no longer continue, then the remaining 50% portion shall be refunded. This 50% charge covers our non collection charges from our supplier. We also reserve the right to charge this fee if the item has subsequantly been collected and we are charged a negative collection fee to our account.
10. Packing - The Customer warrants that all goods have been labeled correctly and are sufficiently packed and prepared for carriage. Courier Connect will accept at its discretion unpacked goods for national (NZ Wide) delivery only, but accepts no liability for any consequential damage or loss.
11. Insurance - Insurance of the goods is the responsibility of the Customer, however all quotes or pre paid products bought through Courier Connect are carried “on declared terms” as follows:
Packaged Items (Sent through our Small/Light or Large/Heavy Items Service)
Brand New Items: Brand New items that are in their original packaging are carried under Limited Carriers Risk of up to $1500 for any damage or loss.
Any New items that are unpackaged or inadequately packaged are covered for loss only.
Second hand goods: Second hand items are covered for loss only.
Items (New or used) such as machinery, glass, china, marble, slate or other similar fragile items are covered for loss only.
Furniture and Whiteware (Sent through our Large furniture items service)
Furniture and Whiteware are not covered for damage or loss, however, insurance for loss can be purchased at an additional cost of 3% of the value of goods being delivered, with a minmum charge of $35.00 for the insurance on loss cover. Please ensure you ask for a cost on loss cover prior to booking.
An excess of $170 may apply.
Vehicles
Please see our vehicle quote form for insurance coverage on different vehicle types.
Please check with us before sending any item if you are unsure if the item is covered.
12. Exclusion of Certain Items. Pursuant to Section 28(1) of the Act
a) Courier Connect will not accept or deal with glass items, bullion, cash (including vouchers, tickets, coupons and other similar negotiable items), coins, negotiable instruments, precious stones, jewelery, antiques, paintings, or other valuables and any such items consigned to Courier Connect are carried at the full risk of the owner (owners risk) without any responsibility being accepted in respect thereof by Courier Connect nor its supplier partners or its supplier partners subcontractors. However Courier Connect may accept cash payment for delivery on either collection or delivery of goods when requested and accepted by Courier Connect.
b) Courier Connect will not accept or deal with any noxious, dangerous or inflammable or perishable goods, firearms, illegal drugs or any goods likely to cause damage or which it is unlawful to carry.
The Customer expressly warrants and agrees that it will not give any such goods to Courier Connect. The Customer acknowledges that Courier Connect is not in a position to ascertain the contents of any consignment given to it for delivery and will not under any circumstances be deemed to be aware of the contents. If the Customer delivers such goods as contained in clause 11(b) to or causes such goods to be handled or dealt with by Courier Connect or any supplier partner, or supplier partners subcontractor or agents, the Customer shall be liable for all loss, damage or deterioration whatsoever caused by or to in connection with any other consignment and shall indemnify Courier Connect, the supplier partners and the supplier partners subcontractors or agents against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of Courier Connect, the supplier partners and the supplier partners subcontractors or agents or any other person in whose custody they may be at the expense of the Customer without Courier Connect, the supplier partners and the supplier partners subcontractors or agents or such other person being responsible or accountable for the value thereof.
13. Payment of Charges - The Customer agrees to pay Courier Connects standard charges and those of any the supplier partners and the supplier partners subcontractors or agents engaged by Courier Connect and any other costs incurred or money expended by Courier Connect in connection with the goods. No credit will be given for Courier Connects charges, which are to be paid to Courier Connect at the time the goods are booked for collection/delivery through Courier Connect for carriage, except under a special arrangement previously made in writing with Courier Connect
14. Overdue Payments - If any amount is due and unpaid, the Customer agrees to pay interest on the overdue amount at the rate of 7% above the overdraft interest rate of Courier Connects bank, calculated daily until payment in is made in full. The Customer is liable for all additional costs Courier Connect may incur, including legal, administrative and collection costs to recover unpaid amounts. Courier Connect also reserves the right to suspend any further deliveries for the Customer.
15. Debit Authority - When the Customer has given a credit card or account debit authority, Courier Connect are hereby authorized to debit all fees and charges payable under this agreement to the Customer's card or account, whether owing now or in the future.
16. Lien - All goods (and documents relating to goods) shall, immediately they come into possession of Courier Connect or any supplier partners and the supplier partners subcontractors or agents, be subject to a particular and general lien and right of detention for all moneys due to Courier Connect by the Customer or the consignee, consignor or owner, whether in respect of such goods or otherwise. If any moneys due to Courier Connect are not paid within five (5) working days after notice has been given to the person from whom the moneys are due that such goods are being detained, then they may be sold by auction or otherwise at the sole discretion of Courier Connect and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale shall not prejudice hereunder or the cost of the said detention and sale. If at any time payment from the Customer to Courier Connect shall be in arrears, any subsisting obligation of Courier Connect shall be suspended and Courier Connect shall not be under any liability to the Customer during such period.
17. Limited Carrier's Risk -
a) Any claims will be limited to the cost price, (or market value, if less than the cost price), of the goods to the Customer. This contract is at on “declared terms” with cover of items as shown in section 11.
b) Subject to the provisions of the Act imposing liability in respect of the loss of or damage to the goods.
i) Courier Connect 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 Courier Connect or otherwise, for any damage to, loss, deterioration, missed delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of Courier Connect, their supplier partners or subcontractors, 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
ii) The Customer will indemnify Courier Connect 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 Courier Connect or otherwise, bought by any person in connection with any matter or thing done, said or omitted by Courier Connect in connection with the goods.
18. Actions against Courier Connect - Courier Connect shall be under no liability whatsoever unless:
a) Written notice of any claim, giving full particulars of any alleged damage or destruction, is received by Courier Connect within six (6) days after the delivery of the goods or, in the case of loss of the goods, within twelve (12) days of the date of dispatch: and
b) An action shall have been commenced by the Customer in a Court of competent jurisdiction within six (6) months from the date of dispatch of the goods.
c) The cost of the freight has been paid and the Customer is not in arrears to Courier Connect in relation to any other costs incurred through delivery. (see section 9. Goods not matching the description)
19. Notice - Any notice to be given under the contract shall be deemed to be received if delivered or forwarded by registered post to the registered office of the party to receive it or the usual or last known residence or place of business of such party.
20. General - The terms and conditions set out herein shall prevail over the terms and conditions set out in any document used by the Customer, the owner or any other person having an interest in the goods
21. Chain of responsibility - As a sender (or receiver) of goods the sender and receiver are part of the Chain of Responsibility as defined by the Road Transport Act. Refer to ( Chain of Responsibility and New Zealand Road Transport ). By agreeing to our terms and conditions, it has been agreed that both the sender and receiver accept their part in the chain of responsibility.
Refunds
REFUND POLICY on items not as described:
If an item being collected is not as was described to us, resulting in our supplier to refuse collection. For an example; If we have not been informed that a vehicle has been lowered from the original manufacturers height or has a low hanging body kit, our refund policy for this is as follows: Courier Connect will refund the total amount paid less 2.5% (If paid by internet banking) or 5% (if paid by other means) with a minimum of $15 for vehicle shipments or $5 for all other shipments. This deduction is to cover our costs incurred by the monetary transaction and costs that may be incurred for payment to our supplier.
REFUND POLICY when requested by the purchaser:
Courier Connect will look into individual cases where a refund has been requested by the purchaser, and will refund the full amount at our sole discretion but only if the shipment has not been collected and will no longer be going through Courier Connect due to a major lapse in our service. Our refund policy for other reasons of request is as follows: Courier Connect will refund the total amount paid less 2.5% (If paid by internet banking) or 5% (if paid by other means) with a minimum of $15 for vehicle shipments or $5 for all other shipments. This deduction is to cover our costs incurred by the monetary transaction and other costs that may be incurred.
If you wish to request a refund, please email contactus@courierconnect.co.nz stating your reasons for refund request. REFUND LIMITATION:
Unfortunately refunds cannot be given for any shipment that has already been collected and is either in transport or has already been delivered, other than for reasons allowed under the Carriage of Goods Act and its limitations.
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