Terms of Cartage

OWNER DRIVER ROSS SMEDLEY
TSL# 58167
Terms & Conditions of Carriage
 

1. Definitions:
a. “we” “our” “us” refer to Ross Smedley (T/A freight-it) and his employees and agents
b. “You” and “your” refer to the freight payer, sender and receiver and to their employees and agents, and to all others with an interest in the freight listed on a consignment note.
c. “Our conditions” means Ross Smedley T/A freight-it Conditions of carriage, a copy of which is available from www.freight-it.co.nz
d. “Freight” means “goods” as defined in the carriage of goods act 1979
e. “Freight Handling Code” means Ross Smedley T/A freight-it freight handling codes and practices as documented by Ross Smedley T/A freight-it from time to time, and
f. “at owners risk” “at limited carriers risk” “at declared value risk” and “on declared terms” have the meaning as defined in section 8 of the Carriage of Goods Act 1979.

2. This consignment note is issued and carriage is subject to:
a. the carriage of goods act 1979, and
b. Our conditions, and
c. freight handling code, and
d. all other applicable laws, regulations, conditions and licences, as well as any information and direction appearing on this consignment note, and
e. any other applicable agreement between you and us.

3. You should note that:
a. some of the conditions referred to in paragraph 2:
(i) exclude or limit our liability for loss or damage to freight or property including indirect or consequential loss or damage.
(ii) require you to indemnify us for certain losses we may suffer.
b. nothing in these conditions of contract shall be read as a surrender by us of any legal right, immunity, exception, limitation or protection which may be implied into these conditions of contract.
c. each container is deemed to be one unit for the purpose of the carriage of goods act 1979.
d. all freight loaded at a private siding is deemed to be carried “at owners risk” pursuant to the carriage of goods act 1979.
e. all second hand goods presented as freight is to be carried "at owners risk".
f. on accepting our quote you will enter into a contract with us , any cancelation of that contract by you will incur a cancelation fee based on the full contract price quoted,.
(i) cancelations up to seven days before pickup date incur a 20% fee.
(ii) cancelations within seven days of pickup date incur a 50% fee.

4. Notice of Claims:
a. Any notice of claim of damage or loss, together with reasonable particulars and relevant documentation giving rise to the claim, in relation to damaged or lost freight, must be delivered by you to us in writing within 7 days after delivery or collection or within 14 days after dispatch, whichever is the earlier.
b. The provisions of section 18 to 20 of the carriage of goods act 1979 shall not apply.
c. No action may be brought against us (whether for loss of or failure to deliver all or part of the freight, damage to all or part of the freight, or otherwise) unless such action is brought within 6 months of the date on which we accept the freight for carriage pursuant to clause 4/a of our conditions.

5. Rates, GST, and Payment:
a. All transactions will be charged for at our standard rates, unless some other arrangement has been agreed to by us in writing before your freight is presented for carriage.
b. Our rates include goods and service tax (“GST“) Unless otherwise stated.
c. Payment must be made ether in advance of carriage, or by use of an authorised freight Payer Code.
d. The sender remains liable for the payment of all freight rates, and other charges incurred \until the freight payer pays us in full , and for the avoidance of doubt if the freight payer fails to make payment on the due date then the sender shall pay us in full.
e. If you use a freight payer code you are to pay all accounts within 7 days of the date of the account.

6. Consignment Note:
a. Before we accept your freight for carriage you must complete and submit a consignment note in a form that has ether been prepared by us or which we have agreed in advance, or you must provide the information normally given in the consignment note in a maner acceptable to us.
b. Your freight must be individually, clearly labelled with the receivers name and the destination.

7. Weighing and Measurement of freight:
a. We may at your expense, check the weight or measurement of your freight at any time and alter any consignment note accordingly.
b. All packaging, pallets and other such items in which freight is packed or stored are deemed to form part of the freight for the purposes of accessing the weight and measurement of the freight and calculating the charges payable to you.

c. Volume is measured in cubic metres (m3) with a maximum weight of 100 kgs per m3 on average per consignment, unless stated otherwise on the consignment note

8. Dangerous Goods:
a. Note: Ross Smedley T/A freight-it is not licensed for the carriage of “Dangerous Goods” and
b. will NOT accept any consignment or part thereof containing dangerous goods.
c. It is the combined responsibility of the freight payer and sender and receiver to ensure all freight listed on a consignment note does not contain Dangerous Goods.

9. Fuel Adjustment Factor:
a. We calculate Fuel Adjustment Factor (FAF) from a base rate of $1.10 (diesel pump price including GST).Every 1c movement above $1.10 in the average pump price, will result in a 0.002 increase in our pricing ($2.00 per $1000). This is updated monthly and charged separately on your invoice.

10. General Lien:
a. We have the right to retain and sell the freight if the freight rates for this freight or any other freight previously carried by us for you are not paid within 7 days of the due date for payment.

Copyright © 2012 Ross Smedley T/A freight-it