Definitions

In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings:

1. “NZMM” or “Forwarder” – The transport company providing carriage services, including employees, agents, and contractors.
2. “Consignor” – The person, company, or entity contracting with NZMM to transport goods, who owns the goods or is authorised to act on behalf of the owner.
3. “Consignee” – The person, company, or entity to whom the goods are delivered at the destination.
4. “Contracting Party” – Collectively, the Consignor, Consignee, or any other person or entity entering into a contract of carriage with NZMM and agreeing to these Terms and Conditions.
5. “Goods” – Items, freight, packages, or property entrusted to NZMM for carriage.
6. “Delivery” – The act of NZMM handing over the goods to the Consignee, or leaving the goods at the agreed delivery address.
7. “Limited Carrier’s Risk” – The standard liability under the Carriage of Goods Act 1979 unless otherwise agreed in writing.
8. “Agreed Value Risk” / “Owner’s Risk” – Alternative liability arrangements specified in writing at booking.
9. “Reasonable Notice” – Written notice provided not less than 7 days to the Contracting Party at the last known email or physical address.
10. “Hazardous Goods” – Any goods that are flammable, explosive, corrosive, toxic, dangerous, or otherwise classified as hazardous by law.

1. Liability of Carrier

(a) Standard Liability
Unless otherwise agreed in writing, all services are provided at limited carrier’s risk under the Carriage of Goods Act 1979. Exceptions apply only where the Contracting Party has agreed in writing to Agreed Value Risk or Owner’s Risk.

(b) Claims and Time Limits

• Written notice of any claim must be received within 3 days of delivery or 14 days of dispatch(non-delivery).
• Legal action must be commenced within 6 months of delivery or 6 months and 14 days of dispatch (non-delivery).

2. Right to Refuse Carriage

NZMM may refuse carriage or delivery if:

• Unsafe, abusive, threatening, discriminatory, or inappropriate behaviour occurs
• Goods are improperly packaged, illegal, hazardous without prior approval, or leaking oil/fuel
• Premises are inaccessible or unsafe for pickup/delivery

Access Limitations

• Pickup/delivery may occur at the nearest safe location if the site is inaccessible
• Items over 15kg or poorly packaged may be refused

Fees

• Booking cancellation: $50
• Driver call-out (if dispatched): up to $150

3. Pricing, Freight Charges, and Payment

(a) Pricing – Based on weight, size, or declared value; NZMM may reassess and adjust charges.

(b) Booking Accuracy – All relevant details must be disclosed; changes may incur additional charges.

(c) Prohibited Items – Transport of fuel is prohibited; leakage may incur cleaning fees.

(d) Addresses and Delivery Timing – Delivery dates are estimates; NZMM is not liable for delays caused by events beyond its control (e.g., weather, ferry disruptions).

(e) Payment Terms – All charges payable in advance; overdue invoices (>7 days) may incur 5% interest.

(f) Debt Recovery and Lien
NZMM may recover all unpaid freight, charges, interest, and costs.

• NZMM has a lien over all goods until full payment.
• If payment is not made 14 days after written notice, NZMM may, after reasonable notice, sell or dispose of goods to recover debt, including storage, handling, and sale costs; any surplus will be returned.
• These rights are in addition to any rights under the Carriage of Goods Act 1979 or at law.

4. Authority of Consignor

The Consignor warrants they are the owner or duly authorized and accept these Terms on behalf of all interested parties.

5. Insurance

• NZMM recommends customers obtain full insurance coverage.
• Limited carrier liability: up to $2,000 NZD per item.
• Additional insurance can be arranged at the customer’s expense; policy limits and exclusions apply.

6. Hazardous Goods

• NZMM does not accept hazardous goods without prior written agreement.
• The Contracting Party is fully responsible and indemnifies NZMM against all claims or costs.
• NZMM may destroy or otherwise deal with hazardous goods at the Contracting Party’s expense.

7. Cancellation

• Standard cancellation fee: $50
• Driver call-out fee (if dispatched) up to $150 for unsafe, abusive, or inappropriate conduct

8. Mechanical Damage Disclaimer

• NZMM does not inspect, operate, or test motorcycles or other vehicles.
• Responsibility is limited to safe handling, loading, transport, and delivery.
• NZMM is not liable for pre-existing or latent mechanical defects, including, but not limited to: engine, gearbox, clutch, brakes, suspension, wheel locks, or leaks.
• Any damage arising from pre-existing conditions or mechanical faults shall not be the responsibility of NZMM.
• The Consignor is encouraged to document vehicle condition prior to pickup.

9. Additional Charges for Non-Working or Unsafe Motorcycles

• Motorcycles must be in a condition suitable for safe transport (brakes functional, wheels/suspension stable, fluids contained, loose parts secured).
• NZMM may charge extra fees if motorcycles are not in expected working condition or require extra handling.
• NZMM is not liable for any damage caused by pre-existing mechanical faults or operational issues.
• Additional charges will be communicated to the Contracting Party and are payable before or at delivery.