NZ Couriers for New Zealand Online Auctions - Door to Door Courier Service for Auckland, Wellington, Christchurch & ALL NZ


Shipmytrade Terms and Conditions for NZ Couriers Service - within New Zealand

(Courier Connect Limited t/a Shipmytrade)

Items carried through Shipmytrade are carried under contract of "on declared terms". These terms are declared as below, including any insurance cover of items as set out. These declared terms are deemed as accepted once an item has been collected through Shipmytrade. This includes, but is not limited to the collection of any products (e.g. Satchels) purchased through Shipmytrade and collected by any of our supplier partners or contractors.  Please Note: As many of the quotes are instant computer generated quotes we reserve the right to withdraw a quote should an error occur in the quoted price, if in doubt please contact us for confirmation of price before making a booking.

1. Parties - This contract is made between the Customer (which term includes any contracting party in terms of the Carriage of Goods Act 1979) and Courier Connect Limited (Shipmytrade). All business undertaken by Shipmytrade, including the provision of any advice, information of other services, is undertaken upon and subject to these Conditions.

2. Consumer Guarantees Act - Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of these conditions will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.

Where the Customer is a business (as business is defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring Shipmytrade's services for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply.

3. Application of Carriage of Goods Act 1979 ("the Act") - Subject to the provisions of the Act, Sections 22, 23, 24, 25, 26 and 27 shall apply to the contract only to the extent that they extend or enlarge Shipmytrade's rights and powers in terms of these Conditions. Sections 18 and 19 are modified by clause 15 of these Conditions and the relevant sections shall, in relation to any matter arising out of the provisions of those sections, have effect subject to the express terms contained hereunder.

4. Supplier Partners & Subcontractors - All or part of any work accepted by Shipmytrade may be fulfilled by Shipmytrade engaging or entrusting the Customers goods to its authorised supplier partners & its supplier partners subcontractors on such terms agreed between Shipmytrade and its supplier partners. The Customer agrees that all work may be performed on behalf of Shipmytrade by any supplier partner, or supplier partner's subcontractors. In carrying out the work on behalf of Shipmytrade, the Customer acknowledges that the supplier partners and their subcontractors have the right to rely on the benefit of these Conditions to Shipmytrade.

5. Protection of Servants and Agents - The Customer undertakes that no claim or allegation shall be made against any servant or agent of Shipmytrade which attempts to impose upon any of them any liability whatsoever in connection with the goods and, if any such claim or allegation should nevertheless be made, to indemnify Shipmytrade and any such servant or agent against all consequences thereof.

6. Ownership of Goods - The Customer expressly warrants to Shipmytrade that it is the owner or the authorised agent of the goods and that it is authorised to accept and does accept these Conditions not only for itself but also for and on behalf of all other persons who are or may hereafter become interested in the goods.

7. Delivery - The goods shall be deemed to have been delivered when they are physically deposited at the address given to Shipmytrade by the Customer or consignee for that purpose. The Customer accepts that no form of acknowledgment that delivery has occurred is required to be obtained.

8. Collection - The goods shall be deemed to have been collected when they are physically collected at the address given to Shipmytrade by the Customer or consignee for that purpose. The Customer accepts that no form of acknowledgment that collection has occurred is required to be obtained.

9. Goods not matching the description provided - The customer shall be liable for any additional charges that may occur as a result of inaccuracies in the description provided of the goods, in either the quote or booking form, this includes, but is not limited to, number of items, size/dimensions of item/s, weight of item/s, type of goods, or rural delivery/collection address etc, this may include extra costs above the standard rate.

Under Ticketing on Pre-Paid Satchels or Tickets - The customer shall be liable for any additional charges that may occur as a result of not attaching additional tickets such as Rural or Residential when required, or from under ticketing an item, this may include extra costs above the standard rate per ticket. Shipmytrade also reserves the right to place a hold against the customers remaining satchels/tickets until payment for incorrect ticketing has been received.

Goods not available for collection - If our supplier arrives to find the goods are unavailable for collection, as either the sender is awaiting payment for the goods or the goods are not left out for collection in the place stipulated on the booking agreement, Shipmytrade reserves the right to withhold a 50% portion of the shipment fee, and would require a futher payment of that 50% to be made in order to re submit the shipment. If it is decided that the shipment is to no longer continue, then the remaining 50% portion shall be refunded. This 50% charge covers our non-collection charges from our supplier. We also reserve the right to charge this fee if the item has subsequently been collected and we are charged a negative collection fee to our account.

11. Insurance - Insurance of goods is the responsibility of the Customer, however all quotes or prepaid products bought through Shipmytrade are carried "on declared terms" as follows:

All Items: Are NOT covered for damage or lost in transit unless you request and pay for insurance if available. Contact us if you require insurance, before making a booking with us.

Please check with us before sending any item if you are unsure if the item is covered.

12. Exclusion of Certain Items. Pursuant to Section 28(1) of the Act
a) Shipmytrade will not accept or deal with glass items, bullion, cash (including vouchers, tickets, coupons and other similar negotiable items), coins, negotiable instruments, precious stones, jewelery, antiques, paintings, or other valuables and any such items consigned to Shipmytrade are carried at the full risk of the owner (owners risk) without any responsibility being accepted in respect thereof by Shipmytrade nor its supplier partners or its supplier partners subcontractors. However Shipmytrade may accept cash payment for delivery on either collection or delivery of goods when requested and accepted by Shipmytrade.
b) Shipmytrade will not accept or deal with any noxious, dangerous or inflammable or perishable goods, firearms, illegal drugs or any goods likely to cause damage or which it is unlawful to carry.
The Customer expressly warrants and agrees that it will not give any such goods to Shipmytrade. The Customer acknowledges that Shipmytrade is not in a position to ascertain the contents of any consignment given to it for delivery and will not under any circumstances be deemed to be aware of the contents. If the Customer delivers such goods as contained in clause 11(b) to or causes such goods to be handled or dealt with by Shipmytrade or any supplier partner, or supplier partners subcontractor or agents, the Customer shall be liable for all loss, damage or deterioration whatsoever caused by or to in connection with any other consignment and shall indemnify Shipmytrade, the supplier partners and the supplier partners subcontractors or agents against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of Shipmytrade, the supplier partners and the supplier partners subcontractors or agents or any other person in whose custody they may be at the expense of the Customer without Shipmytrade, the supplier partners and the supplier partners subcontractors or agents or such other person being responsible or accountable for the value thereof.

13. Payment of Charges - The Customer agrees to pay Shipmytrade's standard charges and those of any the supplier partners and the supplier partners subcontractors or agents engaged by Shipmytrade and any other costs incurred or money expended by Shipmytrade in connection with the goods. No credit will be given for Shipmytrade's charges, which are to be paid to Shipmytrade at the time the goods are booked for collection/delivery through Shipmytrade for carriage, except under a special arrangement previously made in writing with Shipmytrade.

14. Overdue Payments - If any amount is due and unpaid, the Customer agrees to pay interest on the overdue amount at the rate of 7% above the overdraft interest rate of Shipmytrade's bank, calculated daily until payment in is made in full. The Customer is liable for all additional costs Shipmytrade may incur, including legal, administrative and collection costs to recover unpaid amounts. Shipmytrade also reserves the right to suspend any further deliveries for the Customer.

15. Debit Authority - When the Customer has given a credit card or account debit authority, Shipmytrade are hereby authorised to debit all fees and charges payable under this agreement to the Customer's card or account, whether owing now or in the future.

16. Lien - All goods (and documents relating to goods) shall, immediately they come into possession of Shipmytrade or any supplier partners and the supplier partners subcontractors or agents, be subject to a particular and general lien and right of detention for all moneys due to Shipmytrade by the Customer or the consignee, consignor or owner, whether in respect of such goods or otherwise. If any moneys due to Shipmytrade are not paid within five (5) working days after notice has been given to the person from whom the moneys are due that such goods are being detained, then they may be sold by auction or otherwise at the sole discretion of Shipmytrade and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale shall not prejudice hereunder or the cost of the said detention and sale. If at any time payment from the Customer to Shipmytrade shall be in arrears, any subsisting obligation of Shipmytrade shall be suspended and Shipmytrade shall not be under any liability to the Customer during such period.

17. Limited Carrier's Risk -
a) Any claims will be limited to the cost price, (or market value, if less than the cost price), of the goods to the Customer. This contract is at on "declared terms" with cover of items as shown in section 11.

b) Subject to the provisions of the Act imposing liability in respect of the loss of or damage to the goods.

i) Shipmytrade shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of Shipmytrade or otherwise, for any damage to, loss, deterioration, missed delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of Shipmytrade, their supplier partners or subcontractors, or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and

ii) The Customer will indemnify Shipmytrade against all claims of any kind whatsoever, howsoever caused or arising and, (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of Shipmytrade or otherwise, bought by any person in connection with any matter or thing done, said or omitted by Shipmytrade in connection with the goods.

18. Actions against Shipmytrade - Shipmytrade shall be under no liability whatsoever unless:

a) Written notice of any claim, giving full particulars of any alleged damage or destruction, is received by Shipmytrade within five (5) days after the delivery of the goods or, in the case of loss of the goods, within twelve (12) days of the date of dispatch: and

b) An action shall have been commenced by the Customer in a Court of competent jurisdiction within six (6) months from the date of dispatch of the goods.

c) The cost of the freight has been paid and the Customer is not in arrears to Shipmytrade in relation to any other costs incurred through delivery. (see section 9. Goods not matching the description)

19. Notice - Any notice to be given under the contract shall be deemed to be received if delivered or forwarded by registered post to the registered office of the party to receive it or the usual or last known residence or place of business of such party.

20 Trade-Payer: The booker agrees, and takes full financial responsibility for any and all payments due for services booked using a quote which included our trade-payer service. These include and are however not limited to:

  • Full payment of the Trade-payer portion of the quote, that is the trades purchase price + the 10% or $5 (whichever is the greater)
  • Trade-payer fee, along with the initial delivery charge, any re-delivery charges incurred in returning any delivery which was refused for any reason, including but not limited to the buyer being unhappy with the condition of the trades item/s, and any storage or other costs incurred in association with refusal of delivery and/or refusal of payment by the buyer of the trade.

Shipmytrade reserve the right to hold the trade items until all payments due in relation to the quoted service have been paid in full. Any payments left unpaid for more than 7 days will be referred to a debt collection agency.

Shipmytrade further reserve the right to include in any final settlement invoice, any and all storage charges incurred whilst retaining the trade items. Any such further charges will begin after day 7 of unpaid dues on a per day basis until full payments due have been paid.

For your protection we suggest that the buyer should be the booker for any service which includes use of our Trade-payer service.

21. General - The terms and conditions set out herein shall prevail over the terms and conditions set out in any document used by the Customer, the owner or any other person having an interest in the goods

22. Chain of responsibility - As a sender (or receiver) of goods the sender and receiver are part of the Chain of Responsibility as defined by the Road Transport Act. Refer to (Chain of Responsibility and New Zealand Road Transport ). By agreeing to our terms and conditions, it has been agreed that both the sender and receiver accept their part in the chain of responsibility.

23. Pricing - Shipmytrade, reserves the right to change the quoted price for any price changes or extra fees as advised or updated by our supplier partners or contractors. We will however make all attempts to advise our clients before they book if at all possible.

24. Currency - All quotes in NZ dollars.

Refunds

REFUND POLICY on items not as described:
If an item being collected is not as was described to Shipmytrade, resulting in our supplier to refuse collection. For an example; If we have not been informed that a vehicle has been lowered from the original manufacturers height or has a low hanging body kit, our refund policy for this is as follows:
Shipmytrade will refund the total amount paid less 10% with a minimum of $15 for vehicle shipments or $5 for all other shipments. This deduction is to cover our costs incurred by the monetary transaction and costs that may be incurred for payment to our supplier.

REFUND POLICY when requested by the purchaser:
Shipmytrade will look into individual cases where a refund has been requested by the purchaser, and will refund the full amount at our sole discretion but only if the shipment has not been collected and will no longer be going through Shipmytrade due to a major lapse in our service.
Our refund policy for other reasons of request is as follows:
Shipmytrade will refund the total amount paid less 5% with a minimum of $15 for vehicle shipments or $5 for all other shipments. This deduction is to cover our costs incurred by the monetary transaction and other costs that may be incurred.

If you wish to request a refund, please contact ,stating your reasons for refund request.

REFUND LIMITATION:
Unfortunately refunds cannot be given for any shipment that has already been collected and is either in transport or has already been delivered, other than for reasons allowed under the Carriage of Goods Act and its limitations.

 




Anyware - eCommerce Web Site Design Copyright ? 2009 - 2011 Shipmytrade
87 Pasadena Crescent Upper Hutt