TERMS AND CONDITIONS OF CARRIAGE – PRECIOUS STEEL (LIMITED CARRIER’S RISK)

Definitions

“Act” means the Contract and Commercial Law Act 2017.

“Actual Carrier” has the meaning set out in the Act.

“Precious Steel” means who will provide the Transport Services.

“Conditions” means these Standard Terms and Conditions with any consequential additions or amendments.

“Contract of Carriage” means a contract incorporating these Conditions as amended from time to time, including any electronic form of contract or accepted quote.

“Customer” means the person or organisation described in the Contract of Carriage who has agreed to be bound by the contract terms and conditions contained herein and include that person’s permitted successors and assigns.

“Hazardous or Dangerous Goods” means any item which Precious Steel believes to be, or is likely to become, dangerous in nature in terms of section 258 of the Contract and Commercial Law Act 2017.”

“PPSA” means the Personal Property Securities Act 1999.

“Proved Damages” means damage that has been claimed by a Customer in accordance with clause 3.1 and accepted by Precious Steel.

“Receiver” means a consignee of Vehicles and includes the consignee’s agent.

“Transport Rates” means the rates or charges charged by the Precious Steel for Transport Services and where relevant shown in any current freight tables or any other document or means of publication (including electronic means) approved from time to time by Precious Steel for the statement of rates or charges for Transport Services.

“Transport Service” means any service provided by Precious Steel for the carriage of Vehicles.

“Vehicles” means any motor vehicle or vehicles to which a Transport Service applies.

“You” means the customer who is requesting the Transport Service as well as the owner of the vehicle and any agent of the customer.

“Non-runner” means the vehicle cannot be driven on or off the transport under its own power. This includes a vehicle with a defective braking system.

“We” “our” or “us” means Precious Steel and its subsidiaries, employees, agents, sub-contractors and actual carriers.

 

Carriage

1.1 Where a Contract of Carriage is accepted by Precious Steel, it means we agree to provide the Transport 

Service requested by the Customer for the carriage of the Vehicle as set out in that Contract of Carriage. 1.2 You confirm that: (a) you are either the owner or the authorised agent of the owner of the vehicle that is the subject of this contract; (b) the person signing this contract has authority to do so; and (c) you accept this Contract for you as well as for all other persons on whose behalf you are acting. 1.3 It is your responsibility to ensure that both the exterior and interior of the vehicle is in a suitable state for transport.

 

Inspection of Vehicles and Carrier’s rights

2.1 Inspection of Vehicles: The Precious Steel Team may inspect vehicles before their acceptance for carriage. The Customer must assist with the inspection if required by Precious Steel. Any clearly visible damage to or missing items from any Vehicle presented for Carriage shall be noted on the consignment docket or condition report. Failure of Precious Steel to inspect any Vehicle, at all or adequately, does not impose any additional liability upon Precious Steel or affect any obligation of Precious Steel in relation to that Vehicle. Precious Steel accepts no liability for any pre-existing damage which may include but is not limited to: any individual marks, blemishes or stone chips; any surface scratches, paint or minor damage that is under protection wax or film; any damage or marks found after the Vehicle has been washed and groomed unless the Vehicle was presented to Precious Steel washed and groomed.

2.2 Carrier’s right to check Vehicles: You agree that we may search the vehicle if we believe that the vehicle may contain hazardous or dangerous goods or not comply with any other law. At our discretion, we can refuse to transport the vehicle or remove any item from the vehicle that we consider appropriate. Any costs incurred in doing this including disposal is to be paid for by you. We do not accept any liability for items carried within a Vehicle.

2.3 Carrier’s right to refuse to accept Vehicle for Carriage: We reserve the right to refuse to carry any Vehicle. We are not obliged to give any explanation to the Customer.

2.4 We reserve the right to charge you for any failed pick-up or delivery or delay of more than 30 minutes in loading or unloading from our arrival on site providing this is not due to our fault. A fee of $150 + GST per hour will be applied for delay time.

 

Claims

3.1 Notice of claim: Subject to clause 4.1 any claim against Precious Steel in respect of alleged loss of or damage to Vehicles carried on a Transport Service must be filed in writing to Precious Steel within 24 hours after the date on which Precious Steel's responsibility for those Vehicles has ceased. We must be given a reasonable opportunity to investigate the claim and to appoint a repair agent or obtain two repair quotes to repair any Vehicles that are proven to be damaged in the course of Transport Services.

3.2 If claims are not made before the Vehicles are repaired by the Customer or we are not given a reasonable period to investigate the claim and appoint an agent or obtain quotes as required under clause 3.1 above for repair of Vehicles that are proven to be damaged in the course of Transport Services and fall within the liability provisions set out in clause 4.1 the Customer shall be conclusively deemed to have accepted the Vehicles as conforming with the Contract of Carriage in all respects and to have waived absolutely any claims for incorrectly delivered or damaged Vehicles and that Precious Steel shall not have any liability in respect of those claims or otherwise in respect of the Vehicles.

 

Liability (LIMITED CARRIER’S RISK under the Act)

4.1 Carriage is provided at Limited Carrier’s Risk under section 247 / 251 of the Act. Under Limited Carrier’s Risk, Precious Steel’s maximum liability is limited to $2,000 per vehicle unless a higher amount is agreed in writing BEFORE transport. 4.2 Precious Steel is not liable for: a) delivery delays; b) damage from climate, weather, leaks, or environmental conditions; c) damage resulting from Customer actions or omissions; d) hidden damage not visible at pickup; e) mechanical, electrical, alignment, suspension, or exhaust failures; f) aftermarket audio/video equipment or antennas not factory-installed; g) personal items left in the vehicle; h) damage from road debris or objects from the sky (e.g., stones, hail); i) damage to non-running vehicles; j) damage to caravans; k) damage to vehicles already in a damaged state at pickup; l) damage to vehicles with less than 150mm ground clearance. 4.3 Contributory negligence – Where the Customer contributes to loss or damage, our liability is reduced proportionately. 4.4 We do not accept liability for additional damage to vehicles already damaged unless otherwise agreed in writing. 4.5 We are not liable for errors, omissions, or unauthorised representations by employees or agents. Only written confirmation from the Director is binding. 4.6 All exclusions and limitations apply equally to our employees, contractors, agents, and Actual Carriers.

 

Rates and Charges

5.1 We can alter our current Transport Rates, impose additional special rates or levies at any time without needing to give you notice.

5.2 Any quote provided in writing to you is valid for 7 days from the date of the quote. Verbal quotes or estimates by us are not binding on us.

5.3 Additional handling charges: immobile or non-running vehicles will incur extra cost, and the Customer is liable to pay any additional costs on demand. Additional handling charges may include, but are not limited to additional fuel, changing and repairing tyres and cutting keys.

5.4 GST and other Government taxes and charges: Any tax (including GST imposition) or fuel or other surcharge, which is not provided for or stated in a Transport Rate, and which is imposed by a Government or by any regional or other authority, in respect of or incidental to carriage of a Vehicle or the provision of any Transport Service, is due and payable in addition to the Transport Rate by the Customer.

 

Delivery

6.1 Time of delivery shall not be for the essence of any Transport Service, but we will make all reasonable efforts to meet any date for delivery agreed with the Customer or otherwise to deliver the Vehicles within a reasonable time. In no event shall we incur any liability due to any failure to deliver Vehicles by an agreed date.

6.2 Vehicle delivery: Delivery of Vehicles by Precious Steel is deemed to occur at the time the Vehicles are left by us for collection by the Customer or the Receiver at the agreed destination provided by the Customer in the Contract of Carriage.

6.3 Unclaimed Property: If for any reason, vehicles are not removed or collected from the agreed destination as soon as possible after delivery, then: a) we are deemed to be the agent of the Customer (and/or of the owner of the Vehicle where relevant) and may store the Vehicle on behalf of and at the sole risk and expense of the Customer (and/or the owner of the Vehicles where relevant); and b) We may declare the Vehicles to be unclaimed after the expiry of 14 days from the date agreed by the Customer that the Vehicles were to be collected and may sell those Vehicles and apply the proceeds of sale in payment of: I. any Transport Rates, taxes or charges payable in respect of carriage of those Vehicles or the Customer whose Vehicles have been sold; and II. the expense of storing and selling the Vehicles III. If, after the sale of the Vehicles, the Customer whose Vehicles have been sold presents himself or herself to Precious Steel to collect the Vehicles, Precious

Steel will, upon being provided with satisfactory proof of identity of the Customer, and the entitlement of the Customer to the Vehicles, pay the balance of the sale proceeds, if any, to that Customer.

6.4 Business Purposes: Where a Customer is using a Transport Service for business purposes, none of the rights or remedies provided under the Consumer Guarantees Act 1993 apply, pursuant to section 43 of that Act.

 

Default and Remedies

7.1 If you default in payment or in your obligations to us, then: a. we may retain possession of your vehicle as security; b. we may require immediate payment of all monies owed to us, whether due or not; c. you agree to reimburse us for all collection costs incurred to recover your debt; d. we may withhold delivery of your Vehicle without notice; e. and you agree to pay in advance for future services.

7.2 Carrier’s Lien: Precious Steel reserves the right to withhold delivery of all Vehicles under a Contract of Carriage if the Customer is in default of any of its obligations under any Contract of Carriage with Precious Steel. In any proceedings or actions relating to a default by the Customer, the Customer shall indemnify Precious Steel upon demand for all claims by any third party for any losses resulting from us retaining possession of the Vehicles and for all costs and expenses incurred by us in connection with such proceedings or actions, including but not limited to solicitors’ costs and enforcement costs. In the event of any default in payment, the Customer will be liable to Precious Steel for all costs of collection that are incurred by us including but not limited to costs incurred prior to any legal action, collection, agency costs, court costs, and solicitors’ costs and will pay these costs to Precious Steel upon demand.

7.3 We are entitled at any time to assign to any other person, all or part of any debt owing by you to us.

 

Payment

8.1 Transport Service must be paid before commencement of the Transport Service unless the Customer (or other person liable for payment with respect to the Transport Service) has a current written credit arrangement with the us for payment, in which case payment is due within 7 days.

8.2 Where payment is not made by the due date then interest will be charged at the rate of 2.5% per month compounding from the due date until payment of the overdue amount including interest has been received by us.

8.3 Payment can be accepted through cash or bank transfer. For bank transfer or electronic banking, until payment is received the Transport Service will not be actioned.

8.4 Credit arrangements – authorisation to collect information: In any situation where Precious Steel has a credit arrangement with a Customer in relation to the provision of Transport Services, or a Customer requests that a credit arrangement be entered into with us, Precious Steel will be entitled to collect from sources other than that Customer any information Precious Steel considers relevant to assessing the creditworthiness or financial position of that Customer. We will be entitled to disclose any such information to any of its subsidiaries, associated companies or any other person engaged in business with us from time to time.

8.5 Precious Steel may at its discretion, apply any payments it receives from the Customer in and towards the satisfaction of any indebtedness of the Customer and it shall not be bound by any conditions or qualifications that the Customer may make in relation to payments made under this or any other contract with Precious Steel.

8.6 Where a customer has a credit arrangement with us, Precious Steel may register a financing statement on the Personal Property Securities Register over any Vehicle subject to any Transport Service to secure payment of the Transport Rate. The Customer waives any right to receive a verification statement pursuant to section 148 of the PPSA.

 

Cancellation

9.1 All notices of cancellations must be given in writing to us 24 hours before pick-up date. Where a cancellation notice has been accepted then a refund may be requested by you for the Transport Services not performed less any costs incurred by us.

 

This contract is governed by and construed in accordance with New Zealand law.

 

By accepting a quote request or confirming the booking, you agree to the terms and conditions of Precious Steel. These terms and conditions and any other moving documents (if applicable) will be considered as legal contract between you and Precious Steel and that this considered “as a writing signed and authorised by You” under any applicable law or regulation. Our terms and conditions are subject to change without prior notice.