Our Terms and Conditions
“We” are Machinery Relocations Limited and our employees and subcontractors and you, our customer, are “you”. The following is a summary of the key points in our supply of plant relocation and other services to you. It does not replace the detailed Terms and Conditions which you should read carefully. They are subject to New Zealand law.
- We rely on the information that you give us. Even though we may give you some advice on your relocation, our liability is limited.
- You have decommissioning and commissioning responsibilities for site, ground, and waste services on both pickup and delivery.
- We may subcontract some services such as electrical, gas, water, and waste. Our preference is that you contract those services direct.
- We have carriers limited liability (“Carriers Limited Liability”) for our carriage services under s 259 of the Contract and Commercial Law Act 2017 (“the CCLA”). This means that you should insure the goods that we carry for you for loss or damage.
- All our other liability is also limited.
- You are responsible for plant delivery and commissioning on the delivery site. We are not responsible for their operation once delivered.
- You must pay us promptly on receipt of our invoice, issued after delivery of goods to site.
1. Formation of our contract with you
1.1 These terms and conditions apply to our contract with you. They override anything in our prior discussions and correspondence, whether in writing or otherwise. They are the only basis on which we are contracting with you. 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 o s 5D of that Act, you agreeing that it is fair and reasonable to do so.
1.2 The contract is for the delivery of specified commercial plant and equipment (“the Goods”) from a named current site (“Pickup Point”) to a delivery site (“Delivery Point”). If specified separately, those services (“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.
1.3 We will provide the Services to you using reasonable skill and care and in accordance with any further specifications accompanying these terms and conditions.
2. Pickup Point and Delivery Point
2.1 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.
2.2 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.
2.3 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.
2.4 Our preference is that these services be supplied by you under direct contracts with those suppliers. In that case, 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.
2.5 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.
2.6 You must provide us with clear and legal access to the Pickup Point and the Delivery Points, including all permits.
2.7 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 negligent, you are solely responsible for any loss or damage caused to or at the Pickup Point and the Delivery Point, including, without limitation, underground and overhead services, footpaths, driveways, grounds, lawns, fences, adjacent structures, signage and vehicles.
2.8 You are responsible for all labelling and packaging of the Goods, including their identification as dangerous Goods and compliance with the Hazardous Substances and New Organisms Act 1996.
2.9 In particular, you agree to ensure that the Pickup Point and the Delivery Point and the Goods are in a safe condition for 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.
2.10 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.
3. Carriage of the Goods
3.1 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.
3.2 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). A unit of goods is each pallet of the Goods or as unitised at our sole discretion pursuant to s 247 of the CCLA. Accordingly, you should insure the Goods for total loss and such other risks as you consider appropriate.
3.3 Our Carriers Limited Liability begins when we come on to the Pickup Point to commence the Services and ends when leave the Delivery Point after completing the Services. You must make a claim under the CCLA within 14 days after we have completed the Services.
3.4 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, package the Goods correctly, traffic delays and similar matters.
3.5 We are not responsible to you for any loss of profit, revenue, savings, business goodwill or consequential, 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 liability in respect of the Services or for damages that directly or indirectly relate to or are consequential to the Services or loss of or damage to the Goods, however described or arising, our liability is limited to the amount of the contract price for our services to you. You must make a claim to us in writing within 3 months of our completion of the Services specifying in detail the grounds on which you are making the claim.
4. Quotation, Price, and payment
4.1 If we give a quotation it remains valid for 30 days from its date of issue. If additional equipment and services are required to provide the Services, you agree to pay for them, if they are consistent with the overall Services to be provided to you in the original quotation.
4.2 We 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.
4.3 Our quotation will set out a price subject to the above. If no price is stated, or agreed to otherwise in writing or orally, we 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.
4.4 We will invoice you for the Services at the time of providing them to you and you agree to pay us in full within 7 days of date of invoice.
4.5 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 us from our bankers from time to time, on the unpaid amount, calculated daily. We may also charge you any costs of recovery, including debt collection, legal and court fees and any other expenses reasonably incurred by us in relation to payment of the debt.