Our Terms and Conditions

SUMMARY

“MR 2024” (“we”, “our” and “us”) means Machinery Relocations 2024 Limited (9263040), trading as “Machinery Relocations” and includes our employees, directors and subcontractors. Reference to “you” is reference to the customer, its representatives and any person purporting to represent the customer. These terms and conditions are in addition to the terms contained in our quotation and any other terms of services provided to you. The laws of New Zealand govern the agreement between the parties.  

1. Formation of our contract with you 

1. These terms and conditions apply to our contract with you. They override anything in our prior discussions and correspondence, whether in writing or otherwise, save for the terms of our quotation which are to be read together with these terms (only in the event of an irreconcilable difference will these terms prevail). They are the only basis on which MR 2024 are contracting with you.  It is recorded and warranted by you, that we are both in trade and we exclude any liability we may have to you under ss 9, 12A and 13 of the Fair Trading Act 1986 pursuant to s 5D of that Act, you agreeing that it is fair and reasonable to do so. 

1. The contract is for the delivery of specified commercial product, plant and/or equipment (“the Goods”) from a named current site (“Pickup Point”) to a specified delivery site (“Delivery Point”). If specified separately, the carriage and relocation services to be provided by MR 2024 (“the Services”) may include Ministry of Primary Industry Sea Container Transitional Facility unloading and delivery (“Transitional Facility Services”) in which case these terms and conditions apply to the Transitional Facility Services with any necessary amendments.  

1. We will provide the Services to you using reasonable skill and care and in accordance with any further specifications accompanying these terms and conditions.  

1. Pickup Point and Delivery Point 

1. With you, we will review with you the physical requirements of the Pickup Point and the Delivery Point. We may give you suggestions as to what we have found effective in assisting us to provide the Services to you. However, those suggestions are not advice and are only given to assist you in that process.  

1. We rely upon you to apply your own skills and experience with the Goods and Pickup Points and Delivery Points to assist us in providing the Services to you.  We exclude any liability to you in our review and suggestions but if we do have any such liability, it is limited as determined under clause 3.2. 

1. De-commissioning and commissioning at the Pickup Point and the Delivery Point may require us to contract third party contractors such as electricians, gasfitters, and crane operators. If they are required, we will ensure that they perform to a standard of reasonable care. However, if they fail to do so, our liability to you is limited as determined under clause 3.5.   

1. Our preference is that these services be supplied by you under direct contracts with those suppliers. In either event (whether we subcontract to them or you contract directly with them), they are your responsibility and we have no liability to you in respect of them. You agree to indemnify us (make us harmless) for any claim that they may make against us. 

1. While we are providing the Services at the Pickup Point and the Delivery Point, we will both comply with our respective obligations under the Health and Safety at Work Act 2015 (“HSWA”) and cooperate together fully as PCBU’s under the HSWA. 

1. You must provide us with clear and legal access to the Pickup Point and the Delivery Points, including all permits. 

1. You must ensure that ground and other conditions at the Pickup Point and the Delivery Point are sufficient to support the plant and equipment necessary to provide the Services to you at those locations. Unless we are shown to be grossly negligent, you are solely responsible for any loss or damage caused to any Goods, equipment, buildings, or part thereof including, without limitation, underground and overhead services, footpaths, driveways, grounds, lawns, fences, adjacent structures, signage and vehicles at the Pickup Point and the Delivery Point. 

1. You are responsible for all labelling and packaging of the Goods, including notifying MR 2024 of specific Goods and their identification as dangerous Goods and compliance with the Hazardous Substances and New Organisms Act 1996.  

1. In particular, you agree to ensure that the Pickup Point and the Delivery Point and the Goods are in a safe condition for the provision of the Services by us and our employees and contractors and the Goods are appropriately packaged, drained and protected against dispersal of manufacturing and similar substances.  You agree to indemnify us (make us harmless) for any claim that may be made against us for your failure to comply with these requirements. 

1. Upon delivery of the Goods at the Delivery Point, you are responsible for their set up and commissioning to provide the functions that they did at the Pickup Point. We are not responsible for any failures of the Goods to do so unless caused by our carriage of them in which case the Carriers Limited Liability applies and, if applicable, our limitation of liability in clause 3.5. 

1. Carriage of the Goods 

1. Our Services to you are primarily those of delivery of the Goods on your behalf from the Pickup Point to the Delivery Point.  As such we are a carrier under the CCLA. 

1. Our Services are provided to you under a contract for limited carrier’s risk under the CCLA so that that our liability for loss or damage to the Goods is limited by the amount of the Carriers Limited Liability for the time being (currently $2,000 for each unit of goods) and only when such damage or loss arises as a result of the fault of MR 2024. MR 2024 is not liable for any damages to the Goods or losses arising pursuant to s260(2) of the CCLA. MR 2024 does not agree to be liable for any declared sum, notwithstanding any correspondence to the contrary. A unit of goods is each pallet of the Goods, package of goods or as unitised at our sole discretion pursuant to s 247 of the CCLA. Accordingly, you should insure the Goods for total replacement value, for loss or destruction and such other risks as you consider appropriate, bearing in mind that our liability for each unit is limited to $2000 (or such amount as may be applicable in terms of the CCLA from time to time).  

1. Our Carriers Limited Liability begins when we accept the Goods for collection at the Pickup Point and ends when we deliver the Goods to the Delivery Point, or when MR 2024 is capable of delivering the Goods but you have failed to pay any amounts owing to MR 2024. You must make a claim under the CCLA within 30 days after our liability period ends as stated in this clause 3.3. 

1. When a time for delivery of the Services is set out it is an estimate only. We will use our reasonable commercial endeavours to meet those times. However, we will have no responsibility for failure to do so for reasons beyond our control such as, without limitation, your failure to make the Pickup Point and Delivery Point available to us, access issues, failure to package the Goods correctly, traffic delays and similar matters.  

1. We are not responsible to you for any loss of profit, revenue, savings, business goodwill or consequential, direct, indirect or special damage or loss of any kind, however described, caused directly or indirectly by our acts or omissions in relation to our contract with you other than our acceptance of limited carriers risk. You should insure against all those risks. If we are held liable for any damages, costs, or losses howsoever arising in respect of the Services whether direct or consequential to the Services, our liability is in all instances capped and limited to the amount of the contract price for MR 2024’s services to you. You must make a claim to us in writing within 30 days of our completion of the Services specifying in detail the grounds on which you are making the claim.  

1. We are entitled to a Carrier’s lien over the Goods in terms of s285 of the CCLA from the date that our liability period ends until all amounts due and owing are paid to MR 2024. This is in addition to a general lien, which you irrevocably agree to grant to us while we are in possession of the Goods and all other rights we may have in law or in terms of this Agreement.  

1. Pending settlement of any claim by MR 2024 reserves the right to remove the goods to any suitable premises for storage, on notice to you (you are responsible for notifying the owner of the goods should it not be you) and we will take reasonable steps to preserve the Goods. You may collect the Goods from such premises once all amounts owing to MR 2024 under these terms and conditions are paid.  

1. If the Goods are not accepted by you, you or the Delivery Point can’t be found, s289 applies, and we may store the Goods at your cost and retain an active and particular lien over the Goods. In the rare occasion of perishable or dangerous goods s290, or s291 of the CCLA will apply.  

1. Quotation, Price, and payment 

1. If MR 2024 gives a quotation it remains valid for 30 days from its date of issue and is based on the assumptions contained in the quotation or based on our experience. If any additional equipment, time, labour and services are required to provide the Services, you agree to pay for them on demand. 

1. MR 2024 may require a deposit from you or additional security for payment before we provide the Services to you. You authorise us to undertake such credit checks and other investigations as we consider reasonably necessary for those purposes. 

1. Our quotation will set out a price subject to the above. If no price is stated, or agreed to otherwise in writing or orally, MR 2024 will charge you for the Services as our current rates at the time of the contract. The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond our control. 

1. We will invoice you for the Services at the time of providing them to you and you agree to pay us in full on the date of the invoice or the date of delivery at the Delivery Point (whichever is the earlier).  

1. If you do not pay us on the due date, we may charge a late payment fee of 2.5% over the best overdraft available to MR 2024 from our bankers from time to time, on the unpaid amount, calculated daily, or we may exercise our rights in terms of our liens. We may also charge you any costs of recovery, including debt collection, legal and court fees, service agents fees and any other expenses reasonably incurred by us in relation to payment of the debt.  

1. Authority to Act and Guarantee 

If you as the customer is a company or trust, each director, or trustee of the Customer, or individual who agrees to MR 2024 providing the Services, warrants that they are authorised to enter into these terms and conditions on behalf of the customer and agrees to be personally bound for all of the obligations and amounts owing in accordance with these terms and conditions as a principal debtor, on a joint and several basis. MR 2024 will not be required to exhaust its remedies against the named customer before pursuing its rights and claims against any such person.