Terms and Conditions of Carriage
CHINZ LOGISTICS LIMITED
Terms and Conditions of Carriage
1. Definitions
The following definitions apply to the terms and conditions set out below that forms part of the contract of carriage between you and us:
“we,” “us” and “our” means CHINZ LOGISTICS LIMITED and/or subsidiaries, affiliates and their respective employees and/or agents;
“you” and ‘your” means the sender, consignor or consignee of the shipment, holder of this consignment note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
“carriage’ means and includes the whole of the operations and services undertaken by us in connection with the shipment;
“shipment” means any container, envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note;
2. Agreement to Terms
By giving us your shipment, you agree, regardless of whether you sign the front of this Consignment Note, for yourself or as an agent for and on behalf of any other person having an interest in this shipment, to all terms on this Consignment Note, and as appropriate to all terms in any agreement between you and us covering this shipment (if any).
3. Unacceptable Shipments
Under section 28(1) of the Carriage of Goods Act 1979 we are under no duty or obligation to accept or carry goods that are offered to us for carriage. Your shipment will be deemed unacceptable if:
a. Shipment that is classified as hazardous material, dangerous goods, prohibited or restricted articles by any government department or other relevant organization;
b. Shipment for which no customs declaration is made when required by applicable customs regulations;
c. Shipment that is inadequately packed;
d. Shipment that in our opinion cannot be safely or legally transported, including but not limited to: animals, currency, bearer negotiable instrument, precious metal or stone, firearm, ammunition, human remains and illegal narcotics or drugs.
If such shipment is delivered to us for handling or dealing with by a freight forwarder or subcontractor or agent of us, we will not be liable for any loss or damage whatsoever from the carriage of the shipment.
4. Insurance cover dependencies
The amount of cover available to you as a sender if your item is lost or damaged in transit (if any) will depend on:
the service you purchased;
whether you sent a Prohibited item;
or a Restricted item without complying with our specified conditions of carriage; whether:
a. the loss or damage is the result of an event beyond our reasonable control;
b. the item is seized or confiscated by Customs or any other government agency or border control authority, regardless of whether it is a Prohibited or Restricted item or not;
c. the loss or damage occurred before or after delivery; what you disclosed as the value on the customs declaration form or consignment note, when sending internationally.
5. Inspection
We have a right to open and inspect a shipment without prior notice to you.
6. Our Charge
We may charge you for your shipment by weight, measurement or value and may at any time re-weight, re-measure or re-value the shipment or require the shipment to be re-weighted, re-measured or re-valued and charge additional freight accordingly.
7. Your Warrant and obligations
a. You warrant
(i) That each article in the shipment is properly and truly described on this Consignment Note and any export documents and is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling.
(ii) All information provided by you or your employee or agent is completed and accurate;
(iii) The shipment is prepares in a secured premises by you or your employees;
(iv) All applicable customs, import, export and other laws and regulations have been complied with.
You will indemnify and hold us indemnified for any loss or damage arising out of your breach of your warranties.
b. You are responsible for all charges, including transportation charges, and possible surcharges, customs and duties assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our legal fees and costs, related to this shipment.
8. Our Liability
a. You agree that our liability in respect of any one shipment transported or forwarded by us is limited to its actual cash value and shall not exceed the greater of NZ$200.00. We are not liable for any other type of loss or damage including but not limited to lost profits, income, interest or future business.
b. You also agree that we are not liable for any loss, damage, shortage, mis-delivery, non-delivery, mis-information or fail to provide information in connection with the shipment caused by event out of our control, including but not limited to:
(i) force majeure
(ii) Nature of your shipment;
(iii) Package of your shipment;
(iv) Receiver’s delay in receiving the shipment or refuse the shipment.
c. Claims for compensation are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damages in connection therewith. You must inform us of any claim no later than 24 hours after the delivery of the shipment and submit to us in writing your claim within five (5) days after the delivery of the shipment.
9. Delivery and undeliverable
a. Shipment will be delivered to the receiver’s address given by you, which must be a physical address (not PO box) but not necessary to the named receiver personally.
b. If the receiver refuses to accept delivery or the delivery is prohibited by any authority or law or the receiver cannot be reasonably identified or located we will use reasonable effort to return the shipment to you at your cost. If you refuse to pay the return costs for the shipment, or if you cannot be contacted by us after a reasonable period of time, you agree that we may dispose of your undelivered shipment in whatever manner we deem fit. We reserve the right to recover the costs incurred by us even if the article has been destroyed after it is returned to us.
10. Delayed Shipment
We will make reasonable effort to deliver your shipment according to our usual delivery schedule, but this is not guaranteed and do not form part of this contract. We are not liable for any loss or damaged caused by delays.
11. Routing
You agree to all routing and diversion, including the possibility that the shipment may be carried via intermediate stopping places.
12 Governing Law
These terms and conditions are governed by the law of the country of the origin of the shipment.
13. Severability
The invalidity or unenforceability of any provision in this contract shall not affect any other part of these Terms and Conditions.
Terms and Conditions of Carriage
1. Definitions
The following definitions apply to the terms and conditions set out below that forms part of the contract of carriage between you and us:
“we,” “us” and “our” means CHINZ LOGISTICS LIMITED and/or subsidiaries, affiliates and their respective employees and/or agents;
“you” and ‘your” means the sender, consignor or consignee of the shipment, holder of this consignment note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
“carriage’ means and includes the whole of the operations and services undertaken by us in connection with the shipment;
“shipment” means any container, envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note;
2. Agreement to Terms
By giving us your shipment, you agree, regardless of whether you sign the front of this Consignment Note, for yourself or as an agent for and on behalf of any other person having an interest in this shipment, to all terms on this Consignment Note, and as appropriate to all terms in any agreement between you and us covering this shipment (if any).
3. Unacceptable Shipments
Under section 28(1) of the Carriage of Goods Act 1979 we are under no duty or obligation to accept or carry goods that are offered to us for carriage. Your shipment will be deemed unacceptable if:
a. Shipment that is classified as hazardous material, dangerous goods, prohibited or restricted articles by any government department or other relevant organization;
b. Shipment for which no customs declaration is made when required by applicable customs regulations;
c. Shipment that is inadequately packed;
d. Shipment that in our opinion cannot be safely or legally transported, including but not limited to: animals, currency, bearer negotiable instrument, precious metal or stone, firearm, ammunition, human remains and illegal narcotics or drugs.
If such shipment is delivered to us for handling or dealing with by a freight forwarder or subcontractor or agent of us, we will not be liable for any loss or damage whatsoever from the carriage of the shipment.
4. Insurance cover dependencies
The amount of cover available to you as a sender if your item is lost or damaged in transit (if any) will depend on:
the service you purchased;
whether you sent a Prohibited item;
or a Restricted item without complying with our specified conditions of carriage; whether:
a. the loss or damage is the result of an event beyond our reasonable control;
b. the item is seized or confiscated by Customs or any other government agency or border control authority, regardless of whether it is a Prohibited or Restricted item or not;
c. the loss or damage occurred before or after delivery; what you disclosed as the value on the customs declaration form or consignment note, when sending internationally.
5. Inspection
We have a right to open and inspect a shipment without prior notice to you.
6. Our Charge
We may charge you for your shipment by weight, measurement or value and may at any time re-weight, re-measure or re-value the shipment or require the shipment to be re-weighted, re-measured or re-valued and charge additional freight accordingly.
7. Your Warrant and obligations
a. You warrant
(i) That each article in the shipment is properly and truly described on this Consignment Note and any export documents and is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling.
(ii) All information provided by you or your employee or agent is completed and accurate;
(iii) The shipment is prepares in a secured premises by you or your employees;
(iv) All applicable customs, import, export and other laws and regulations have been complied with.
You will indemnify and hold us indemnified for any loss or damage arising out of your breach of your warranties.
b. You are responsible for all charges, including transportation charges, and possible surcharges, customs and duties assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our legal fees and costs, related to this shipment.
8. Our Liability
a. You agree that our liability in respect of any one shipment transported or forwarded by us is limited to its actual cash value and shall not exceed the greater of NZ$200.00. We are not liable for any other type of loss or damage including but not limited to lost profits, income, interest or future business.
b. You also agree that we are not liable for any loss, damage, shortage, mis-delivery, non-delivery, mis-information or fail to provide information in connection with the shipment caused by event out of our control, including but not limited to:
(i) force majeure
(ii) Nature of your shipment;
(iii) Package of your shipment;
(iv) Receiver’s delay in receiving the shipment or refuse the shipment.
c. Claims for compensation are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damages in connection therewith. You must inform us of any claim no later than 24 hours after the delivery of the shipment and submit to us in writing your claim within five (5) days after the delivery of the shipment.
9. Delivery and undeliverable
a. Shipment will be delivered to the receiver’s address given by you, which must be a physical address (not PO box) but not necessary to the named receiver personally.
b. If the receiver refuses to accept delivery or the delivery is prohibited by any authority or law or the receiver cannot be reasonably identified or located we will use reasonable effort to return the shipment to you at your cost. If you refuse to pay the return costs for the shipment, or if you cannot be contacted by us after a reasonable period of time, you agree that we may dispose of your undelivered shipment in whatever manner we deem fit. We reserve the right to recover the costs incurred by us even if the article has been destroyed after it is returned to us.
10. Delayed Shipment
We will make reasonable effort to deliver your shipment according to our usual delivery schedule, but this is not guaranteed and do not form part of this contract. We are not liable for any loss or damaged caused by delays.
11. Routing
You agree to all routing and diversion, including the possibility that the shipment may be carried via intermediate stopping places.
12 Governing Law
These terms and conditions are governed by the law of the country of the origin of the shipment.
13. Severability
The invalidity or unenforceability of any provision in this contract shall not affect any other part of these Terms and Conditions.
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