Terms of Trade

1. Application
   • 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.
   • 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.
   • The Customer is deemed to have accepted these terms and conditions upon confirming their booking for services with the Company.

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

3. Company’s Rights and Obligations
   • The Company accepts goods for carriage an/or storage only upon these terms and conditions.
   • 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 sub-contractor, who has the right to rely on the benefit of these terms and conditions.
   • 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
   • 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.
   • 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.
   • 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.
   • The Customer shall indemnify the Company against all claims in respect of such goods including but not limited to:
     • Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of a similar kind.
     • Prohibited or stolen goods, drugs, aerosols, paints, firearms and ammunition.
     • The customers will empty, properly defrost and clean refrigerators and deep freezers. The Company is not responsible for its contents.
     • Any animals and their cages or tanks including pets, birds or fish.
     • Goods that require special licence or government permission to export or import.
   • 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.
   • 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.
   • The Customer will obtain at their own expense, all documents, permits, licences and customs documents necessary for the removal to be completed.
   • 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
   • 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.
   • 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.
   • 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.
   • 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.
   • The Company reserves the right to relocate the Customer to another allocated storage space for the proper management of the premises.
   • 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.
   • 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.
   • 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.

6. Charges and Payments

Carriage of Goods

• The moving fee charged by the Company to the Customer will be calculated on a time cost basis with the time costing starting as soon as the removal truck arrives at the Customers property or the storage facility where the goods are to be collected from to the time that the move is fully completed and the removal truck is packed up to leave (“completion”).
• Fees for removal services are charged at a rate of $149.00 plus GST for the first hour and $59.00 plus GST per half hour (or part half hour) thereafter. These charges may be reviewed and amended from time to time and notified to the Customer before the commencement of any move.
• 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.
• The terms of payment contained in clause 6.3 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.
• 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.
• 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

• 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.
• 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

• In the event that the Customer defaults on any payment due to the Company, the Company reserves the right to:
  • Suspend any services or licence to store goods until the outstanding amount is paid in full;
  • 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;
  • Charge the Customer interest on outstanding amounts of 15% per annum (charged daily).
  • 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
  • Charge the Customer an administration fee of $150.00 plus GST if time and effort is involved in collection from the Customer.

7. Insurance

Carriage of Goods

• 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.
• Given the limitation at clause 7.1 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.
• 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.
• 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:
  • Payable by the Company to any third party from the Company’s handling of goods or entry upon any premises to handle goods;
  • 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
  • All payments the Company may make to any of its employees or agents by way of indemnity to them.
• 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

• 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.
• 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.
• 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:
  • third parties; and/or
  • 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.

8. Notices
   • 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.
   • 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.

9. Entire Agreement
   • 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.
   • 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.

10. Disputes and Governing Law
    • All disputes arising under these terms and conditions shall be submitted to mediation before commencing any proceedings.
    • 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.
    • 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.
    • These terms and conditions shall in no way vary the Company’s rights under any statutory exception, exemption, limitation, or other protection.

WARNING

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.