Go Air Land Sea: Forward-Thinking Logistics
  • NEW ZEALAND
  • AUSTRALIA
  • CHINA
Exporting

TERMS AND CONDITIONS

1) These Terms and Conditions (Terms) govern all dealings between Go Logistics (NZ) Limited (the “Forwarder”) and the Customer, including the provision of any advice or information and shall prevail over any terms and conditions in any document used by the Customer purporting to have contractual effect. In these Terms:

"the Act" means the Contract and Commercial Law Act 2017

“carriage” means the carriage, receipt, storage, transit, packaging, handling of goods, the packing and loading of containers, and any other service by or arranged by the Forwarder as forwarding, transport, customs or shipping agent of the Customer.

"container" includes any container, trailer, transportable tank, flat or pallet, or any similar article of transport used to consolidate goods;

"the Customer" includes the "contracting party" in terms of the Act and any undisclosed principal for whom the Customer enters into these Terms;

"dangerous goods" includes noxious goods, explosives, poisons, corrosive, inflammable or radioactive substances, compressed gases, goods harbouring or likely to harbour or encourage vermin, borer or other pests, and any other goods, or substances which, in the opinion of the Forwarder, are likely to cause damage or injury to other goods, property or persons;

"the Forwarder" means Go Logistics (NZ) Limited, its employees, officers, agents and subsidiary and related companies;

"goods" means the goods or other cargo which are the subject of instructions issued to the Forwarder by the Customer and includes any container not supplied by or on behalf of the Forwarder;

"handling" includes any packing, storage, trans-shipment, unloading, loading, customs clearance, delivery and other similar services relating to the goods;

“services” means the carriage of the goods, as more specifically set out in the quote that will have been provided by the Forwarder before or on or about the same time that these Terms were sent to the Customer.

"subcontractor" means any third party contracted by the Forwarder to perform any part of the services;

"valuables" includes bullion, coins, negotiable instruments, securities of any kind, passports, precious stones, jewelry, antiques and works of art;

“working day” a day in Auckland other than a weekend day or a public or statutory holiday.

2) The Forwarder undertakes to arrange the carriage of the goods for the Customer.

3) The Forwarder may subcontract any services and for that purpose enter into contracts with third parties for the carriage and/or handling of the goods by any route or means with, and to entrust the goods to any subcontractor on terms agreed between the Forwarder and the subcontractor. In doing so, the Forwarder assumes no responsibility or liability for the competency or otherwise of or the performance of any services by any subcontractor. The Customer must not do anything that would put the Forwarder in breach of any such contracts and will indemnify the Forwarder upon demand against any claims, costs, damages, expenses, liability or loss that the Forwarder incurs or suffers as a result of any such breach. The Forwarder will not liable to the Customer for any reason, under any head of law, under any contract entered into by it on the Customer’s behalf (whether entered into in the name of the Customer or of the Forwarder) for any delays, failure to produce, non delivery, mis-delivery, or any other adverse consequences resulting from the breach of any such contracts by or caused by any action or inaction of the Customer.

4) The Customer may or may not be the owner of the goods or the principal party. Where it enters into this contract as the agent for any other party, the Customer warrants that it is authorised to accept these Terms on behalf of that party. Where the Customer enters into this contract as agent for any undisclosed principal, the Forwarder may look to the Customer or the principal or both of them in relation to any breach of Customer obligations under these Terms. The Forwarder will not be liable to any party, whether the Customer or any other party, other than to the extent set out in these Terms.

5) Any dates or times specified for departure or arrival of goods are estimates only to / from port or airport of arrival and departure and will not bind the Forwarder. The Forwarder accepts no liability of any kind under any head of law for delays.

6) The Customer authorises the Forwarder to depart from any instructions given by it or on its behalf in any respect if, in the Forwarder's reasonable opinion, it is necessary or desirable to do so.

7) Where the Customer provides the Forwarder with any data documentation or information, it is the Customer’s responsibility to retain a copy of it because it is possible that the data documentation or information may not be returned to the Customer. The Forwarder does not accept any responsibility or liability of Customer does not retain copies of the data documentation or information.

8) Where the Forwarder issues a bill of lading or other transport document in which the Forwarder is named and assumes liability as the carrier, the terms and conditions of the transport document (including all limitations and exclusions of liability) shall be read together with these Terms and to the extent of any inconsistency, the terms of the transport document will prevail over these Terms.

9) If there is any matter dealt with in these Terms that is not dealt with in any transport document issued by the Forwarder, or which relates to a period of time or stage of transit not covered by such transport document, these Terms shall apply to the maximum extent permitted by law.

10) No modification or waiver of any term of these Terms shall bind the Forwarder unless in writing and signed by a director or other representative of the Forwarder holding written authority to sign for the Forwarder.

11) All provisions of these Terms that exclude or limit liability of the Forwarder or that obligate the customer to indemnify the Forwarder are intended to be for the benefit of, and be enforceable by, every subcontractor of the Forwarder and by every employee, director, and agent of the subcontractor, and by every employee, director, and agent of the Forwarder, under subpart 1 of part 2 of the Act. All provisions of these Terms that exclude or limit liability of any subcontractor or of any other person engaged by the Forwarder are intended to be for the benefit of, and be enforceable by, every employee, director, and agent of the subcontractor or other person under subpart 1 of part 2 of the Act.

12) Where any national or international convention and/or legislation compulsorily applies to the services provided by the Forwarder then:

a) these Terms shall be read subject to any provision which is mandatory;
b) the Forwarder shall be entitled to any rights, immunities from or limitations of liability under such convention or legislation.

13) Without limiting the generality of clause 12, sections 261-65 and 274-292 of the Act shall apply to the services provided by the Forwarder only to the extent that they exclude or limit the Forwarder’s liability to the Customer beyond the extent of any exclusions or limitations of the Forwarder’s liability set out in these Terms or to which they add to or extend the Forwarder's rights and powers under these terms.

14) Subject to the Privacy Act 1993 (where it applies), the Customer authorizes the Forwarder to:

a) Collect, retain and use any information about the Customer for the purpose of checking or maintaining records as to creditworthiness or of supply of products or services to the Customer or of marketing (including by email) to the Customer about services that can be provided;
b) Disclose any information about the Customer to any other credit agency for purposes of debt collection, credit reference or notification of a default by the Customer.

The Customer has the right to request a copy of any information held about the Customer by the Forwarder and to correct any incorrect information about the Customer held by the Forwarder.

15) The Forwarder does not consider that any of its services are of a kind to which the Consumer Guarantees Act 1993 applies. Nevertheless, the Customer warrants to the Forwarder that it acquires the Forwarder’s services in trade, as defined in the Consumer Guarantees Act 1993, and agrees that should that Act apply to any of the Forwarders services, the Act is contracted out of.

16) The Customer warrants that when the goods are presented for carriage:

a) all goods have been properly and sufficiently packed and prepared to withstand the risks of carriage, storage and handling having regard to their nature and destination; and

b) all marks, weights, numbers, brands, contents, descriptions, values and other particulars furnished to the Forwarder relating to the goods are correct; and

c) the Customer has complied with all applicable laws and government regulations of any country to, from, through or over which the goods may be carried relating to the nature, packaging, labelling, documentation or carriage of goods; and

d) the Customer will comply with all Occupational Health and Safety laws; and

e) the Customer will indemnify the Forwarder in respect of all loss or damage arising whatsoever from any breach of these warranties.

17) Without prior notification and agreement, the Forwarder will not accept or deal with:

a) goods which it is unlawful to carry or handle, or which can only be carried or handled with a permit;

b) dangerous goods or goods likely to cause damage (by way of example only, liquids that may leak during transit, heavy weight cargo that is top heavy or heavy at one point, cargo not marked for specific handling);

c) any perishable goods or goods which require special handling or packaging;

d) valuables of any kind;

e) household and personal effects;

f) the Customer will indemnify the Forwarder in respect of all loss or damage arising whatsoever from any breach of the warranties as set out in clause 16.

18) Where the Forwarder agrees to accept or deal with any goods referred to in clause 17, the Customer warrants it will provide all documents and information relating to the goods (including any relevant permits and a full description of the goods and the nature and degree of their volatility and value ) necessary to enable the Forwarder to:

a) comply applicable law; and

b) arrange for the goods to be carried or handled safely and in a manner which is likely to minimise damage or loss;

c) comply with any requirement necessary for the safe carriage of any such goods.

The Forwarder will determine whether it agrees to accept or deal with the goods once it has received all of the information that it requires, including the information set out above.

19) If the Customer delivers any goods referred to in clause 17 to, or causes the Forwarder to carry or handle the goods, or arrange for the goods to be carried or handled by any subcontractor without prior notification and agreement:

a) neither the Forwarder nor any such subcontractor, nor any of their respective employees, directors or agents shall be liable for any loss or damage whatsoever arising out of its dealings with the goods;

b) the Customer shall be liable for all loss or damage whatsoever caused by, to or in connection with the goods however caused or arising;

c) the Customer shall indemnify the Forwarder, any subcontractor, and their respective employees, directors and agents against all penalties, claims, damages, costs and expenses whatsoever arising as a result; and

d) in the case of goods referred to in clause 17, the goods may be destroyed or otherwise dealt with at the sole discretion of the Forwarder, any subcontractor, or any other person in whose custody they may be at the expense of the Customer without the Forwarder, any subcontractor, or such other person or any of their respective employees, directors and agents being responsible or accountable in any way.

20) The Forwarder reserves the right to check the weight and measurement of the Customers freight at any time and alter documentation accordingly. All packaging including pallets and other such items in which the cargo is packaged are deemed to form part of the shipment for the purposes of assessing the weight and measurement. The Forwarder reserves the right to revise its charges accordingly and the Customer agrees to pay the revised charges.

21) The goods shall be deemed to have been delivered when they are delivered to the address given to the Forwarder by the Customer or consignee for that purpose or collected are by the Customer. If the Forwarder is unable to deliver the goods as instructed, then in the event the Forwarder is required to continue to hold and/or store the goods, the Customer will be required to pay any additional costs, including storage, arising.

22) The Forwarder reserves the right to offer, suspend or cancel credit facilities should it so wish for any reason. Should the Forwarder suspend or cancel credit, it may require payment for all or any of its services before commencing or continuing with all or any of its services.

23) The Customer agrees to pay the Forwarder's standard charges, and any other expenses (including, without limitation, taxes, penalties or duties) reasonably incurred by the Forwarder in connection with the goods or the services (including without limitation and by way of example only pursuant to clauses 20, 21, 25, 29 and 37) provided by the Forwarder, unless a specific agreement is entered into varying those costs. Credit Card payment will only be accepted by the Forwarder with prior approval and fees may apply.

24) Payment terms must be agreed before the Forwarder will agree to provide its services and ALL payments must be made strictly in accordance with those terms. If no payment terms are agreed or authorized by the Forwarder, or further payments become due e.g. pursuant to clauses 20, 21, 25, 29 and 37, payment is due on demand. The Forwarder is under no obligation to release any of the goods in its possession until all monies due and owing have been paid. All payments must be in cleared funds, without any deduction or set off.

25) All quotations given by the Forwarder are based on costs for freight, and other charges, rates of exchange, taxes, duties and other imposts, prevailing at the date of quotation and on the latest available quotations from subcontractors used by the Forwarder. If any such costs increase at any time as a result of variations in any of the foregoing, the Customer shall pay the increase.

26) All quotations shall lapse unless accepted by the Customer in writing, and confirmed by the Forwarder in writing, within seven (7) days of the date of the quote.
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27) The Forwarder shall be under no obligation to incur or pay any expenses unless the Customer has provided the Forwarder with sufficient funds to meet the same.

28) If any amounts payable to the Forwarder are not paid by the due date, the Customer agrees to pay interest at 6 per cent per month on the unpaid balance until payment is made. Additional costs incurred to recover such payments (including interest on the payments), including all legal costs, ,will be payable by the Customer upon demand. In the event the Forwarder passes the collection of any sums due whatsoever to a collection agency, the customer will be liable for such collection agency costs in addition to the sums due.

29) The Customer agrees that outside of the time allowed, all charges, costs and expenses incurred for container detention, demurrage, storage and waiting time shall be payable in full by the Customer. The Customer agrees to pay any interest or penalties that may be charged on an unpaid balance until full payment is received.

30) If at any time any payment due by the Customer to the Forwarder is in arrears, the Forwarder shall at its sole discretion have the right to suspend any or all services or obligations to the Customer under any contract with the Customer.

31) The Customer agrees that the Forwarder may receive and retain all brokerage, commission, discounts, allowances and other remuneration paid or given by any other party who is engaged by the Forwarder on the Customer’s behalf in relation to the carriage of the goods and need not disclose to the Customer the nature or amount thereof.

32) Prices quoted will not include insurance unless requested. Insurance of goods handled by the Forwarder is therefore at all times the responsibility of the Customer. If requested by the Customer the Forwarder will endeavor to arrange insurance on the goods as the agent of the Customer, provided there is an express written agreement (including a signed declaration as to the value and nature of the goods) to do so between the Customer and the Forwarder. In doing so the Customer agrees to pay all insurance costs. Any such insurance may, in the sole discretion of the Forwarder, be on a separate, or an open or general, policy and will be subject to the usual exceptions and conditions of the policies of the insurer accepting the risk.

33) In so arranging any such insurance, the Forwarder is acting as an agent only, and not as an insurance intermediary. The Forwarder shall have no liability or responsibility whatsoever in respect of any insurance policy or insurance arrangements. The policy will be for the benefit of the named insured who shall assume responsibility for making any claims on such policy. If the insurer disputes liability for any reason, the Customer shall have recourse against the insurer only. The Forwarder shall not be under any responsibility or liability, notwithstanding that the premium on any policy may not be the same as that charged to or paid by the Customer.

34) All goods and documents relating to goods shall be subject to a particular and general lien securing payment of all moneys due to the Forwarder by the Customer under any contract with the Forwarder and whether or not such moneys are overdue for payment.

35) If any moneys due to the Forwarder are not paid within fourteen (14) days after notice of default, and/or notice to the Customer that the lien is being exercised, the goods may be sold by auction or otherwise at the Customer’s expense. The net proceeds shall be applied in reduction of the indebtedness. No such sale shall prejudice or affect the Forwarder's rights otherwise to recover any balance owing to the Forwarder for its services or the cost of the detention and sale.

36) The following are the limits of the Forwarder’s Liability in respect of loss and/or damage:

i) All handling which is subject to the Act shall be performed at limited carrier's risk. The Forwarder shall be deemed the contracting carrier;

ii) Subject to clause 36(i) and to any other mandatory provision of law which may apply, the Forwarder shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether arising or resulting from negligence, any other tort, bailment, breach of contract, equity, the law of restitution, statute, or arising or resulting from other basis on the part of the Forwarder for:

a) any damage to or loss of the goods, including without limitation, deterioration, contamination, evaporation, destruction, failure to produce the goods, mis-delivery, delay in delivery or non-delivery of the goods; or

b) any loss of or damage to perishable goods due to any failure or breakdown of machinery or plant, shortage of power or labour, or pilferage, theft or burglary (or any attempt at the same) whether by any servant or agent of the Forwarder or any other person; or

c) in connection with any instruction, advice, information or service given or provided to any person whether in respect of the goods or any other matter or thing; or

d) any damage to or loss of any other property arising in any way from or in connection with the carriage of the goods;

e) any loss of turnover or income or profit or savings or financial reserves or goodwill or other similar forms or economic loss caused by or arising from delay, mis delivery, non delivery, loss of market, loss of or damage to the goods or to any other property, or otherwise howsoever and whether or not the Forwarder had actual or constructive notice that such loss or damage could arise;

iii) Where the Forwarder contracts as carrier (whether as the actual carrier or as agent for the actual carrier) and issues its own shipping document, it shall be entitled to rely on the Terms and Conditions of the document in respect of all obligations, liability and limitation provisions in addition to any other legislative provision which applies by force of law to the document. Those Terms and Conditions shall prevail to the extent that they are inconsistent with these Terms.

37) . The Customer shall indemnify the Forwarder for any losses liability costs or expenses of any kind that the Forwarder incurs or suffers as a result of any arrangements that the Customer has entered into with third parties or because of any failure by or delay in the Customer taking delivery or arranging for delivery to be taken of the goods. By way of example in the latter case, should the Customer have arranged for delivery of the goods to be taken from the point where the Forwarder’s services have been completed but taking delivery from that point is delayed or does not take place, the Customer will indemnify the Forwarder upon demand (accompanied by an invoice) for any costs (such as storage costs) thereby incurred by the carrier.

38) All of the rights, immunities and limitations of liability in these Terms shall continue to have full force and effect in all circumstances and notwithstanding any breach of contract by, or any negligence on the part of, the Forwarder.

39) Subject to clause 36, in any case the Forwarder's liability has not been effectively excluded and/or limited by those
Conditions, such liability shall to the maximum extent permitted by law be limited to the lesser of:

a) $100; or

b) The cost of resupplying the handling of the goods; or

c) The replacement value of the goods.

40) Where clause 39 applies, the maximum aggregate liability of the Forwarder for all claims arising out of any one incident or occurrence shall be limited:

a) In any case where liability arises as a result of mis-delivery, delay in delivery or non-delivery of any goods, to $10,000; and

b) In any other case to $1,000,000.

41) The Forwarder and Customer acknowledge that goods moving by airfreight are subject to international treaties including the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, or that Convention as amended by the Hague Protocol 1955 and including any applicable amendments made time to time. The Customers recovery is limited against the airline carrier and is limited in accordance with these or any other conventions that may be applicable.

42) The Forwarder and Customer acknowledge that goods moving by oceanfreight are subject to international treaties including the Convention for the Unification of Certain Rules relating to Bills of Lading, signed at Brussels (the Hague Rules), or that Convention as amended by the Protocol 1968 (the Hague Visby Rules) and the SDR Protocol and including any applicable amendments made time to time. The Customers recovery is limited against the oceanfreight carrier and is limited in accordance with these or any other conventions that may be applicable.

43) The Forwarder shall have no liability from resulting delays or inability to provide or complete its services caused by any Force Majeure event. Force Majeure means any event beyond the Forwarders reasonable control such as fire, floods, stores, earthquake, other acts of god, any act of a public enemy, terrorism, riots, war, epidemics or quarantine restrictions, electrical or telecommunication failure or defect, industrial and labour disputes or stoppages or any other act or omission (including laws, regulations, failure to approve) of any governmental agency.. The Forwarder may alter its charges in order to perform any or all of its services due to a Force Majeure event.

44) The Forwarder shall have no liability whatsoever to the Customer pursuant to these Terms unless:

a) written notice of any claim, giving full particulars of any alleged loss, damage or non-delivery, is received by the Forwarder within Five (5) working days after delivery of the goods or the date when they should have been delivered.

b) an action shall have been commenced by the Customer against the Forwarder in the Courts of New Zealand within six (6) months from the date of dispatch of the goods.

45) The Forwarder and Customer must use reasonable efforts to resolve any dispute, controversy or claim which arises between them under these Terms. All disputes must be notified in writing to a duly authorized representative for each party within Fourteen (14) days of dispute event detailing the nature of the dispute. If the dispute remains unresolved after Thirty (30) days (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to Arbitration in accordance with, and subject to the Arbitration Act 1996 (NZ). The submission to arbitration is to a single arbitrator agreed on the by the parties but failing their agreement within 5 working days of a party requesting agreement on the appointment of an arbitrator, then to an arbitrator appointed by # on the application of either party. The law of arbitration shall be that of New Zealand, the place of arbitration will be Auckland, and the language will be English. The decision of the arbitrator will be binding, final and not appealable other than for error of law. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Contract to the extent that this is reasonably possible having regard to the nature of the dispute. Arbitration will not preclude any application for injunctive relief where a party considers that to be appropriate.

46) Except to the extent otherwise provided by any law or convention that does not permit contracting out, these Terms, together with any transport document referred to in clause 8 and any specific payment terms that are agreed (including in any quote that has been accepted), set out the entire contract between the parties and the Forwarder will not be liable for any assurance, statement, or representation made by it or on its behalf that is not set out as an express term of these Terms or of the transport document or of the agreed payment terms. Where the Forwarder issues its own shipping document (refer to clause 36(iii)), the Terms and Conditions of that document also form part of the contract between the parties and will prevail over any terms of the contract to the extent that there is any inconsistency. In addition, in relation to carriage of goods within New Zealand, the provisions of part 5 of the Contract and Commercial Law Act 2017 apply.

47) These Terms, and any act or contract to which they apply, shall be governed by and interpreted in accordance with New Zealand law. All actions against the Forwarder shall be brought in a Court in New Zealand. The parties submit to the exclusive jurisdictions of the New Zealand courts.





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