Terms of Trade

Goods are to be carried (and if applicable, stored) at the owner’s risk. This means that the carrier will pay no
compensation if the goods are lost or damaged, unless the carrier intentionally loses or damages them.

1. Application
1.1. This contract is made between Affordable Moving Solutions Limited (“the Company”) and any of its
customers (“the Customer”). All business undertaken by the Company, including the provision of any, advice,
information or other service is undertaken upon and subject to these terms and conditions.
1.2. In these terms and conditions singular words shall include plural and vice versa, the word “person” shall
include corporations, the expression “the contract”” shall mean between the Company and the Customer
including these conditions, and where there is more than one customer, they shall be bound jointly and
severally under these terms and conditions.
1.3. The Customer is deemed to have accepted these terms and conditions upon confirming their booking for
services with the Company.

2. Variation of Conditions
2.1. These conditions may be altered by mutual written agreement of Managing Director of the Company and
the Customer.

3. Company’s Rights and Obligations
3.1. The Company accepts goods for carriage an/or storage only upon these terms and conditions.
3.2. The Company may enter into any contract with any sub-contractor to carry out the whole or any part of
the contract. The Customer agrees that all work will be performed on behalf of the Company by any subcontractor, who has the right to rely on the benefit of these terms and conditions.
3.3. Pursuant to section 293(1) of the Contract and Commercial Law Act 2017 the Company may in its
absolute discretion refuse to accept for carriage of goods or any class of goods and shall not be obliged to
give any reasons for such refusal.

4. Customers Rights and Obligations
4.1. The Customer warrants that any goods moved or stored under the contract are owned by the Customer,
or that the Customer has full right, power and authority to allow such removal or storage. The Customer shall
indemnify the Company against any claim arising or expense incurred as a result of any breach of this
warranty
4.2. The Customer will ensure that no article required to be removed is left behind, that no goods or fixtures
are taken away in error and articles left at unoccupied premises are protected. The Customer shall indemnify
the Company against all claims in respect of matter.
4.3. The Customer will not give to the Contractor for packing, removal or storage any article or substance
which is, or is likely to be, of dangerous, corrosive, illegal, inflammable, explosive or damaging nature, or
anything likely to encourage vermin, borer, or any other pest.
4.4. The Customer shall indemnify the Company against all claims in respect of such goods including but not
limited to:
4.4.1. Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or
goods or collections of a similar kind.
4.4.2. Prohibited or stolen goods, drugs, aerosols, paints, firearms and ammunition.
4.4.3. The customers will empty, properly defrost and clean refrigerators and deep freezers. The Company is
not responsible for its contents.
4.4.4. Any animals and their cages or tanks including pets, birds or fish.
4.4.5. Goods that require special licence or government permission to export or import.
4.5. In accordance with section 273(2) of the Contract and Commercial Law Act 2017, if the Customer
notifies the Company of any material particular that would otherwise constitute a breach of these terms and
conditions, the Company may refuse to carry or store the goods or undertake to carry or store the goods
subject to the reasonable terms and conditions that the carrier may require, having regard to the
circumstances of the case.
4.6. The Customer will notify the Company if there is not suitable and convenient access to the place from
which goods are to be removed. The Company may make an extra charge due to any access restrictions and
will not be liable for any damaged goods or property caused through lack of such suitable access.
4.7. The Customer will obtain at their own expense, all documents, permits, licences and customs documents
necessary for the removal to be completed.
4.8. The Customer warrants that the property to or from which goods are removed by the Company is owned
by the Customer or that the Customer has obtained prior to the commencement and carrying out of the
removal services work by the Company all necessary permits and approvals and authorisations to enable the
Company’s vehicles and/or employees to enter upon such property with or without vehicles for the purposes
of carrying out the Company’s obligations hereunder and the Customer hereby indemnifies the Company in
respect of any loss, claim or damage suffered, brought against or caused by the Company in entering such
property with or without vehicles.

5. Specific Terms and Conditions relevant only to Storage and Access
5.1. The Customer acknowledges that in respect of storage of goods, the only service the Customer is
offering to the Customer is a licence to use the space allocated to the Customer by the Company for the sole
purpose of storing goods and that no other goods or services are provided or responsibilities are taken by the
Company. The Company will only make deliveries of the goods or remove the goods from the storage space
on the instructions of the Customer. No undertakings or commitments are given or undertaken by the
Company whether in tort, contract or other legal principle.
5.2. Further, the Customer is deemed to have knowledge of the goods in the storage space allocated and
acknowledges that the agreement to store goods does not grant the Customer a lease or any interest in the
storage space.
5.3. The Customer acknowledges that they shall only have the right to access the allocated storage space by
appointment at a mutually agreed time with the Company and access shall be limited.
5.4. The Company may refuse access to the storage space by the Customer where any money is owing by the
Customer to the Company, whether or not a formal demand for payment has been made.
5.5. The Company reserves the right to relocate the Customer to another allocated storage space for the
proper management of the premises.
5.6. Either party may terminate the contract to store goods by giving the other party one day’s written notice,
or, in the event of the Company not being able to contact the Customer, the Alternate Contact Person
provided by the Customer.
5.7. Upon termination the Customer must remove all goods in the allocated storage space and leave the
allocated storage space in a clean condition and in a good state of repair to the satisfaction of the Customer
on the date specified. The Customer must pay any outstanding moneys and any expenses on default or other
moneys owed to the Company up to the date of termination. Any calculation of the outstanding fees will be
by the Company and such calculation will be final.
5.8. In the event of suspected illegal or environmentally harmful activities on the part of the Customer, the
Company may terminate the contract to store goods without notice. The Company may also immediately
dispose of or remove the goods at the Customers expense, and submit the goods to the relevant
authorities. An additional fee of $20.00 plus GST will be charged on all services to cover our administration
costs.

6. Charges and Payments
6.1 The address and moving date specified in this agreement are as per the details provided in the quote form
on our website. Pricing is subject to change if any amendments are made to the original booking.
6.2 If an estimated price has been provided, this will be an estimate based on the information given regarding
the move inventory, distances, and other relevant factors. This is just an estimate and is subject to change if
any of the details provided are inaccurate, or if the move takes longer than anticipated.
6.3 If an fixed price has been provided, this will be based on the information supplied regarding the move
inventory and distances. This price is subject to change if any details provided are inaccurate or if the scope
of the move differs from the original description.
6.4 The moving fee charged to the Customer will be calculated on a time-cost basis, starting with a 30-minute
callout fee (Christchurch only) based on the truck size assigned to the job, unless a fixed quote has been
provided. The time costing will then commence as soon as the removal truck arrives at the Customer’s
property or the storage facility where the goods are to be collected, continuing until the move is fully
completed and the removal truck is packed up to leave (‘completion’).
6.5 The rates outlined in this agreement are based on the van or truck size specified on page one and are
subject to change if a different truck size is required or additional services are requested.
Van – $120 (excl. gst) per hour
20m3 truck – $159 first hours & $79 for every additonal half hour (excl. gst).
43m3 truck – $179 first hours & $89 for every additonal half hour (excl. gst).
64m3 truck – $199 first hours & $99 for every additonal half hour (excl. gst).
6.6. An additional fee of 3% plus GST will be charged on all services to cover our administration costs.
6.7. A non-refundable deposit, the amount of which varies depending on the truck size booked, is required to confirm all bookings.

7. Carriage of Goods
7.1. The moving fee charged to the Customer will be calculated on a time-cost basis, starting with a 30-
minute callout fee (Christchurch only) based on the truck size assigned to the job, unless a fixed quote has
been provided. The time costing will then commence as soon as the removal truck arrives at the Customer’s
property or the storage facility where the goods are to be collected, continuing until the move is fully
completed and the removal truck is packed up to leave (‘completion’).
7.2. The rates outlined in this agreement are based on the truck size specified in the quote form and are
subject to change if a different truck size is required or additional services are requested.
7.3. Payment is required immediately upon completion (unless alternative payment arrangements have been
made and agreed to by the Company in writing with the Customer prior to the move) via Eftpos or verified
bank transfer.
7.4. The terms of payment contained in clause 7.3 can only be varied by agreement in advance with the
agreement of the Company in writing where alternative payment arrangements have been agreed in advance
in writing, payment will be due within 7 days of the Company issuing a GST invoice to the Customer. The
Company reserves the right to charge any additional fees post completion of the move where the Company
finds that the move was more difficult than usual (e.g. access issues) and the Customer did not notify them
of the potential difficulties before commencement of the move.
7.5. If goods are to be delivered to a building, then they are to be delivered to the ground floor otherwise an
extra charge may be made by the Company.
7.6. The Company’s usual business hours are Monday to Friday 8:30am to 6:00pm. Additional charges may
be made at the discretion of the Company if the Company is required to provide its services outside these
hours.

Storage of Goods
7.7. The storage fee charged by the Company to the Customer for a licence to store goods in the allocated
storage space will be on a quoted basis and payable via eftpos or bank transfer (unless otherwise agreed in
writing with the Company) at the time of entering into an agreement with the Company to store goods.
7.8. A cleaning fee is payable by the Customer at the Company’s discretion if the storage space requires
cleaning as a result of storage of the Customers goods. In the event that the storage space does require
cleaning, then an invoice will be sent to the Customer and payable within 7 days of the Company issuing a
GST invoice to the Customer.

Default
7.9. In the event that the Customer defaults on any payment due to the Company, the Company reserves the
right to:
7.9.1. Suspend any services or licence to store goods until the outstanding amount is paid in full;
7.9.2. Use personal information, as defined in the Privacy Act 2020, but only to the extent necessary to take
any action to recover payment of the Company fees and/or disbursements;
7.9.3. Charge the Customer interest on outstanding amounts of 15% per annum (charged daily).
7.9.4. Charge the Customer for all costs and fees by a collection agency or lawyer’s fees (on a solicitor/client
basis) which are incurred taking action to recover outstanding costs; and
7.9.5. Charge the Customer an administration fee of $150.00 plus GST if time and effort is involved in
collection from the Customer.

8. Insurance
Carriage of Goods
8.1. All removals are at the Customers risk. This means no compensation will be paid by the Company for any
breakages, losses, or damage unless the Company intentionally loses or damages them. It is acknowledged,
agreed, and declared that the Contract of Carriage evidenced hereby is a Contract for Carriage at the
Customers risk.
8.2. Given the limitation at clause 8.1 the Company strongly recommends that the Customer organises
insurance cover for the removal and transit of their goods. The Company makes no representations as to the
suitability or appropriateness of the Customers insurance policy. The Customer warrants that they rely solely
on their own skill and judgement in accepting the policy on the terms offered.
8.3. Any clause which excludes or limits the liability of the Company shall apply to any of the Company’s
agents, contractors or employees, so that each party’s liability shall be excluded or limited in the same way.
8.4. The Customer agrees to indemnify the Company against all loss, damage or liability and any action,
claim, demand, proceeding, or suit taken or made by any person against the Company as follows:
8.4.1. Payable by the Company to any third party from the Company’s handling of goods or entry upon any
premises to handle goods;
8.4.2. Any other act or omission on the part of the Company, its employees, or agents in the reasonable
performance of its obligations under these terms and conditions; and
8.4.3. All payments the Company may make to any of its employees or agents by way of indemnity to them.
8.5. The Company shall be entitled without notifying the Customer to contest and defend any action, suit,
proceeding, claim or demand as set out in clause 7.4 above.
Storage of Goods
8.6. Only a licence to occupy the allocated storage space is provided by the Company and accordingly, the
goods are stored at the sole risk and responsibility of the Customer who is responsible for all loss, damage
and deterioration of the goods, and bears the risk of all damage caused by flood, fire, water, spillage of
material from any other space, removal or delivery of the goods, pest or vermin or any other reason
whatsoever including any acts or omissions of the Company or persons under its control.
8.7. Unless specifically covered by insurance, the Customer must not store items, which are irreplaceable,
such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental
value.
8.8. The Customer agrees to indemnify the Company from all claims in contract, tort or otherwise for any loss
of or damage to the property of, or personal injury to:
8.8.1. third parties; and/or
8.8.2. the true owner of the goods stored in the allocated storage space resulting from or incidental to the use
of the allocated storage space by the Customer.

9. Notices
9.1. Any notice or other communication may be given to or served upon the Customer by ordinary pre-paid
post addressed to the Customer at its last address known to the Company and will be deemed to have been
received by the Customer after the third working day on which it was posted.
9.2. Notices may also be sent by way of email and shall be deemed to have been received by the Customer on
the same day the email was transmitted.

10. Entire Agreement
10.1. The terms and conditions set out in this document shall prevail over the terms and conditions set out in
any document purported to have a contractual effect used by the Customer, the owner or any other person
having an interest in the goods. However, where provision of the Consumer Guarantees Act 1993 apply, these
terms and conditions will be subject to the provisions of the Act.
10.2. The terms and conditions set out in this document constitute the entire agreement between the parties
and supersede and extinguish all earlier negotiations, representations, understandings and agreements
whether oral or in writing between the parties.

11. Disputes and Governing Law
11.1. All disputes arising under these terms and conditions shall be submitted to mediation before
commencing any proceedings.
11.2. The Company shall be under no liability whatsoever to the Customer unless written notice of loss of or
damage of goods is given to the Company within 3 calendar days of the date of completion or the date on
which completion was meant to occur. Any action against the Company shall be absolutely barred unless
notice is given to the Company in accordance with the terms above and any proceedings are issued and
served within six months of the completion date or the date on which completion was meant to occur.
Section 278 of the Contract and Commercial Law Act 2017 shall be of no application.
11.3. The terms and conditions shall be interpreted according to the laws of New Zealand and the parties
hereby submit to the exclusive jurisdiction of the New Zealand Courts.
11.4. These terms and conditions shall in no way vary the Company’s rights under any statutory exception,
exemption, limitation, or other protection.