Terms and conditions of carriage
Post Haste International acting as an agent for Toll Priority
- "Container" means any container, pallet or packaging used for the carriage of the Goods, including a container we provide to you..
- "Carriage" includes carriage, storage, handling, packing, unpacking and operations and services for the Goods whether requested or authorised by you or not.
- "Charges" mean our quoted charges for Services calculated under our rates schedule or other agreed rates, and any duties and any tax including a goods and services tax ("GST") levied directly on a transaction or supply under these conditions.
- "Collection Point" means the place you specify to collect the Goods.
- "Conventions" means either the Warsaw Convention or the Montreal Convention as applicable.
- "Dangerous Goods" means any goods of a dangerous or hazardous nature whether dangerous at the time of consignment or not, and whether you were aware of the dangerous or hazardous nature of the Goods or not, and includes, without limitation, goods prohibited or restricted from time to time by:
- • the International Air Transport Association;
- • the International Civil Aviation Organisation; or
- • applicable law, regulation, guideline or requirement of a regulatory body or government department of a country from which, through which or into which the Goods are carried.
- "Deliver, Delivery" means leaving the Goods at the Delivery Point, or as close to the Delivery Point as we reasonably and practically can.
- "Delivery Point" is the place you specify for us to take the Goods.
- "$" means New Zealand $.
- "Goods" means the goods (including any relevant Containers) accepted from you and includes any part of the Goods but does not include Dangerous Goods.
- "Implied Terms" means those terms, conditions and warranties implied into contracts for the supply of goods and services at law including, without limitation, those terms implied by the operation of the Consumer Guarantees Act.
- "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999.
- "Service, Services" means the whole or any part of the Carriage we undertake for the Goods whether completed or not.
- "Sub-Contractor" means any person we arrange to provide Services for the Goods and any person who is an employee, agent or sub-contractor of that person.
- "Consumer Guarantees Act" means the Consumers Guarantees Act 2003 (New Zealand).
- "Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, 12 October 1929, or that convention as amended at the Hague, 28 September 1955, and as amended by the Montreal Additional Protocol 4, whichever may be applicable.
- "Waybill" means the Air Waybill for the Carriage of Goods.
- "we, us, our" means the Toll operating company in the country of the Collection Point, carrying on business in its own name or under any business names and its employees, agents and Sub-Contractors, or if there is no Toll operating company in that country, or the Collection Point is in Australia, TOLL TRANSPORT PTY LTD ABN 31 006 604 191 and its related bodies corporate.
- "you, your" includes the sender/consignor, receiver/consignee and any other person(s) for whom we provide the Services.
2. What you need to know about us
- 2.1 Subject to these conditions, we will use our best endeavours to collect the Goods at the Collection Point and Deliver them in the same condition as we receive them, fair wear and tear excepted.
- 2.2 We are not common carriers and do not accept any liability as common carriers and may refuse to perform Services for the Goods or for any person.
- 2.3 You expressly authorise us to sub-contract any part of the Services on any terms, and through any methods of Carriage and routes we think fit, in our absolute discretion.
- 2.4 We may, without liability, pack, repack, open and inspect the contents of any Container at any time without notice to you.
- 2.5 Our Charges are indicative only and subject to change and we may calculate and charge you according to any rates we think fit or deem appropriate.
- 2.6 We rely on the details you supply to us on the Waybill but we cannot verify and do not admit their accuracy or completeness and a signature by us is only an acknowledgement for the number of items received.
- 2.7 We contract as agent and trustee for each of our employees, agents and Sub-Contractors and they are entitled to the full benefit of these conditions to the same extent as us and as if they were expressly parties to this contract.
- 2.8 If we cannot Deliver the Goods as required by you for any reason whatsoever, we may in our absolute discretion and at your expense and without liability on our part, deal with the Goods as we think fit, including storing or disposing of the Goods or returning them to you, always at your risk and expense. You authorise us to deal with the Goods in any way we think fit.
3. Your obligations and warranties
- 3.1 You must give us clear, accurate and complete instructions about the nature of the Goods to be carried and the Collection and Delivery Points.
- 3.2 Post Haste Limited invoice weekly however, payment accepted monthly if received by the 20th of the month following purchase. If any account is in dispute, the undisputed portion of the account shall be payable as normal. Post Haste Limited have the right to withhold any services to any customer whose account is in arrears until such time as the account is paid. Post Haste Limited have the right to charge interest on overdue accounts and to recoup any fees in relation to a collection agency
- 3.3 You must pay the Charges if the receiver fails to do so.
- 3.4 You grant us a general and a particular lien over the Goods for all Charges arising under this or any other contract between us, whether the subject of any demand or not.
- 3.5 You warrant:
- (a) the adequacy and accuracy of any instructions you give us, including that the Goods may be lawfully carried to and entered into the country of the Delivery Point;
- (b) the Goods are not Dangerous Goods and are safe and securely and appropriately packed to withstand the ordinary risks of Carriage at all times;
- (c) you have fully complied with all applicable customs and other laws, regulations and guidelines about the import, export, notification, classification, description, labelling, transport and packaging of the Goods of the country of the Collection Point, the country of the Delivery Point, and any other country through or over which the Goods may pass;
- (d) you will not make any claims against any of our employees, agents or Sub-Contractors;
- (e) you are either the owner or the authorised agent of the owner of the Goods and that the receiver has authorised you to enter into this Waybill on its behalf and as its agent and to bind it to these conditions; and
- (f) The person delivering the Goods to us is authorised to do so and to sign this Waybill.
- 3.7 You indemnify us against any claim, loss, cost or liability arising from a breach of these warranties, your obligations or the conditions of this Waybill.
4. When are we liable?
- 4.1 Subject to condition 5, the Goods are at your risk at all times. Subject to condition 5, the compulsory application of the Conventions as referred to in condition 4.3 and any compulsory application of the Consumer Guarantees Act as referred to in condition 4.7, we are not liable to you or to any third party in tort, contract, bailment or otherwise for any loss, damage, delay, deterioration to, misdelivery, or failure to deliver the Goods whatsoever arising from the Services for any reason including any failure by us to perform the Services, any negligence or breach of contract or wilful misconduct or default by us.
- 4.2 Subject to condition 5, condition 4.1 applies to all, and the consequences of all loss, damage, delay, deterioration, misdelivery or failure by us whether it occurs in events which are in our or your contemplation or in events which are foreseeable by you or us, or in events which could constitute a fundamental breach or breach of a fundamental term of this contract.
- 4.3 If the Carriage involves an ultimate destination or stop in a country other than the country of the Collection Point, the Conventions may be applicable and govern and, in most cases, limit our liability for loss of, or damage to, or delay in Delivery of the Goods
- 4.4 The Warsaw ConventionÂ's liability limits may vary depending on the country of the Delivery Point. If either the Warsaw Convention as amended by Montreal Additional Protocol 4 or the Montreal Convention apply to the Goods our liability, subject to condition 5, is limited to 17 Special Drawing Rights per kilo. The liability limits under the Montreal Convention may be adjusted for inflation every 5 years. The Conventions also contain time limits for notification of claims to us and for commencement of any proceedings against us.
- 4.5 If the Conventions do not apply by virtue of the law of any country, then our liability for any loss, damage or delay to the Goods, whether occurring during carriage by air or otherwise is subject to these conditions and in particular condition 4.1.
- 4.6 If condition 4.1 is deemed invalid by any laws whatsoever of any country including those which apply to damage occurring during international carriage by air, then our liability, subject to condition 5, is limited to a sum not exceeding $100 per consignment of Goods.
- 4.7 As to Implied Terms:
- (a) we exclude the Implied Terms which we are permitted to exclude at law; and
- (b) where we are only permitted at law to limit the Implied Terms, we limit our liability for a breach of an Implied Term to, at our option, replacing or repairing the Goods, resupplying the Services or paying the costs of replacing or repairing the Goods or resupplying the Services.
- 4.8 You must notify us in writing of any claim against us under this Waybill within 7 days of Delivery or the date when the Goods should have been Delivered. If you do not institute formal legal proceedings for any claim against us within 9 months of the Delivery date or the date when the Goods should have been delivered, you release us from all liability under this Waybill.
- 4.9 Subject to condition 5, you release us from and indemnify us against any loss, cost, claim, demand or liability that arises from any loss, damage, injury, illness or death howsoever caused, including any claim by the receiver or any other party about the Goods or the Services.
- 5.1 You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipments) by indicating an insurance request on the connote and paying the indicated charge to cover you against all risks of loss and damage during carriage. Insurance does not cover losses of a consequential nature or delays in carriage or where the loss has arisen as a result of your breach of obligations under these terms and conditions.
- 5.2 Insurance is not available for precious stones, precious metals, laptop computers, plasma screens, jewellery, money, glass, china, objects of art, antiques, valuable documents (for example passports, tenders, quotations, or share and options certificates) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend you arrange insurance yourself. Insurance is not available for a very limited number of countries. For a list of these countries please contact our customer services centre
- 5.3 We will not pay you if you do not:
- (a) notify us of the loss or damage within 7 days of the date of delivery where Goods are damaged or within 7 days of the anticipated date of delivery where Goods are lost; and
- (b) Substantiate the amount of the loss or damage when and as we request.
- 5.4 If we pay damages under this condition and the value of the Goods damaged is less than the amount paid, we may retain or recover the damaged Goods.
- 5.5 Under this condition we will only pay damages for the direct loss or damage to the Goods and we will not pay any indirect, special, or consequential loss or damage including loss of profits, business or anticipated savings or other economic loss even if we know they are possible or otherwise foreseeable.
- 5.6 We are not liable to refund any Charges to you under this condition 5.
- 5.7 Subject to this condition 5 and the amount you are paid out via insurance, you release us from and indemnify us against any loss, cost, claim, demand or liability that arises from any loss, damage, injury, illness or death however caused, including any claim by the receiver or any other party about the Goods or the Services.
- 6.1 These conditions represent the entire agreement between us and may not be varied unless the variation is recorded in writing and signed by us. If any part of this Waybill and these conditions is unenforceable, it shall be severed from the remainder of these conditions.
- 6.2 This Waybill is governed by:
- (a) if we have an operating company in the country of the Collection Point, the laws of that country, or
- (b) if we do not have an operating company in that country or the Collection Point is in Australia, the laws of Victoria, Australia.
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