1. Liability of Carrier

(a) Unless otherwise expressly agreed, the contract shall be deemed “at limited carrier’s risk” as stipulated under the Carriage of Goods Act 1979 (hereinafter referred to as “the Act”). Exceptions to this default position shall apply only if:

1. The Contracting Party or their authorized agent has executed a document pertaining to the carriage of goods specifying:

• (a) Agreed value risk, or
• (b) Owner’s risk

(b) Notification of Claims and Limitation of Actions:

• (i) The Forwarder shall bear no liability for claims unless written notice detailing the event and alleged damage or loss is received by the Forwarder within three (3) days of delivery, or within fourteen (14) days of dispatch in the event of non-delivery.
• (ii) Legal action must be initiated by the Contracting Party in a court of competent jurisdiction within six (6) months of delivery, or within six (6) months and fourteen (14) days from the date of dispatch in the case of non-delivery.

2. Right to Refuse Carriage

The Forwarder reserves the right to refuse carriage to any person or for any class of goods under the following circumstances:

1. Concerns regarding health and safety.
2. Non-compliance with applicable laws.
3. Improper preparation or packaging of goods.
4. Presence of oil or fuel leaks or loose parts.
5. Inaccessibility of premises for door-to-door delivery services:

if the pickup or delivery address is in a restrictive area or street, the driver will pick up or deliver at the nearest accessible point where the van and trailer can safely park. This policy ensures the safety of both the driver and the vehicle. Door to Door delivery might to be applicable to every address.

6. Inadequate wrapping or packaging of extra parts; NZMM shall not be liable for any damage to such items.
7. Luggage or parts exceeding fifteen kilograms (15kg) may be refused for transportation by drivers.

3. Pricing, Freight Charges, and Payment Terms

(a) Freight charges may be determined based on weight, measurement, or value. The Forwarder reserves the right to re-weigh, re-measure, or re-value the goods and adjust the freight charges accordingly.

(b) Any modifications to the original terms must be disclosed at the time of booking.

(c) The transportation of additional fuel is prohibited. Any incidents involving oil or fuel leaks shall incur a clean-up fee.

(d) Pickup and drop-off addresses must be legal and clearly defined. Any changes to these requirements must be communicated to NZMM in advance. Significant changes may result in additional charges.

1. Dates provided are estimates and subject to scheduling changes.
2. The Forwarder is not liable for delays caused by natural disasters or ferry cancellations.

(e) All charges must be paid in advance. Invoices overdue by more than seven (7) days may incur interest charges of five percent (5%).

(f) NZMM may commence legal action for the recovery of outstanding freight and interest, including recovery costs, with Section 21 of the Act expressly excluded.

4. Authority of Consignor

The Consignor warrants that they are either the owner or duly authorized agent of the goods and have the authority to enter into the contract and accept its terms on behalf of all interested parties.

5. Insurance

(a) NZMM recommends that customers obtain full insurance coverage for their goods.

(b) Limited carrier’s liability insurance applies to damages incurred during transportation, with a maximum coverage of $2,000 NZD per item.

(c) NZMM maintains comprehensive insurance for total loss of goods due to road incidents, fire, or theft, including coverage for goods stored at our facilities.

(d) Should additional insurance be required beyond the standard coverage provided by NZMM, the Forwarder will arrange such insurance at the Consignor’s expense. Coverage will be subject to specified limits and exclusions, including wear and tear, inherent vice, and gradual deterioration. The agreed value for insurance purposes shall be the invoice value of the goods, with any insurance proceeds being applied towards the Forwarder’s liability.

6. Hazardous Goods

The Forwarder shall not accept hazardous goods unless a prior written agreement is obtained. The Contracting Party shall be liable for all consequences arising from the handling of hazardous goods and agrees to indemnify the Forwarder against all related claims and costs. The Forwarder reserves the right to destroy or otherwise deal with hazardous goods at the Contracting Party’s expense.

7. Cancellation

A cancellation fee of $50 shall apply to any cancellations made subsequent to booking and payment.