Terms & Conditions

2.1 Every term used in this Contract has the same meaning as it has in the Act.

2.2 Where this Contract differs from the Act, this Contract overrides the Act to the fullest extent the parties are able to agree.

2.3 We are not bound by any agreement that varies these conditions unless that agreement is in writing and signed by our Chief Executive Officer.

2.4 We may decline to carry any Vehicle, for any person or for any class of Vehicle, at our discretion.

2.5 We may carry or on-forward a Vehicle, or arrange for it to be carried, by whatever method or person we consider suitable, even where you have given instructions that it be carried or on-forwarded by another method.

2.6 You confirm that:

• (a) you are either the owner of the Vehicle covered by this Contract, or the owner's authorised agent;
• (b) the person accepting this Contract has the authority to do so; and
• (c) you accept this Contract for yourself and for every other person on whose behalf you are acting.

3.1 It is your responsibility to make sure the inside and outside of the Vehicle is in a suitable condition for transport.

3.2 Items may be left in the Vehicle provided the driver's seat is completely clear and accessible, the load is secure, nothing obstructs the driver's view or controls, and the Vehicle is not overloaded. We accept no responsibility whatsoever for any personal, household or commercial items left in or on a Vehicle, however they are packed or secured.

3.3 There is no fuel restriction, you may leave as much fuel in the tank as you like, provided the fuel system is sound and there are no leaks.

3.4 The Vehicle must be free of fluid leaks, and any loose fittings, spoilers, aerials, covers or accessories must be removed or properly secured before collection.

3.5 If the Vehicle is not drivable, it must still roll freely, steer and brake. If it cannot roll, steer or brake, you must tell us before booking so the right equipment can be arranged. Additional charges may apply.

3.6 Any pre-existing damage must be disclosed to us at the time of booking.

3.7 You agree that we may search the Vehicle if we believe it may contain hazardous or dangerous goods, or anything that does not comply with the law. We may then, at our discretion, refuse to transport the Vehicle or remove any item we consider appropriate. You are responsible for any costs we incur in doing so, including disposal costs.

4.1 Where safe or legal access is not possible, we may collect from or deliver to the nearest accessible location or an alternative depot.

4.2 We may charge you for any failed pick-up or delivery, or for any delay of more than 30 minutes in loading or unloading measured from our arrival on site, provided the delay is not our fault. Delay time is charged at $150 + GST per hour.

5.1 Any claim for loss of or damage to a Vehicle must be recorded by you on the delivery docket at the time of delivery. You accept that a claim raised after delivery has taken place is likely to be declined, because the loss or damage could have occurred after we delivered the Vehicle.

5.2 We must be given a fair opportunity to investigate any claim you make. This may include allowing a third party access to your Vehicle.

6.1 You acknowledge that this is a contract for carriage on declared terms under the Act.

6.2 Where we are not willing to accept liability for loss of or damage to your Vehicle, we require you or your agent to confirm one of the following:

• (a) before or at the time of collection, that “This Vehicle is to be carried at owner's risk. This means that the carrier will pay no compensation if the Vehicle is lost or damaged unless we intentionally lose or damage it.”; or
• (b) that there is a written contract signed by the parties or their agents stating that carriage is “at owner's risk” and relating (but not necessarily only) to the carriage of the Vehicle, in which case carriage is at owner's risk.

6.3 Where we are liable to pay for loss or damage, the maximum amount we will pay is $20,000 + GST.

6.4 We accept no responsibility, claim or liability for any of the following:

• (a) damage caused by leaking fluids, battery acid, cooling system or anti-freeze solution, or industrial fallout;
• (b) damage caused by acts of war, civil unrest or acts of God;
• (c) hidden damage, or damage that could not be detected at pick-up because the Vehicle was dirty or because of weather conditions;
• (d) damage to, or failure of, mechanical or electrical components, wheel alignment, suspension, exhaust systems, mufflers or tail pipes;
• (e) damage to or loss of audio or video equipment that was not factory installed, including any aerial that does not retract to within 10 cm of the Vehicle's body;
• (f) damage to or loss of personal or household items left in a Vehicle;
• (g) damage caused by fluids or objects thrown up from the roadway or falling from the sky, including broken windscreens;
• (h) damage to a Vehicle that is a non-runner;
• (i) damage to a Vehicle that is a caravan;
• (j) damage of any kind to a Vehicle that was picked up in an existing state of damage;
• (k) damage to the underside of a Vehicle with less than 150 millimetres of ground clearance; or
• (l) damage arising from your actions or omissions, or those of any other person, excluding our own.

6.5 We are not liable for any indirect or consequential loss or damage arising out of or in connection with any Transport Service. Any liability of the kind described in sections 15(2)(b) and 15(2)(c) of the Act is expressly excluded, whether in respect of the carriage of goods or otherwise. This includes any liability arising from a delay in delivering a Vehicle, for any reason.

6.6 Where there is contributory negligence on your part, our liability is reduced by the amount attributable to that contributing negligence.

7.1 Every Transport Service is performed at the Transport Rate applicable at the time of carriage, plus GST. If we incur additional costs in handling a Vehicle, you must pay those additional costs on demand.

7.2 The Transport Rate, together with any additional taxes or costs, is payable by you before the Transport Service begins.

7.3 We may change our Transport Rates, or apply additional special rates or levies, at any time and without notice to you.

7.4 Any quote given to you in writing is valid for 7 days from the date of the quote. Verbal quotes and estimates are not binding on us.

7.5 Any tax (including GST), fuel surcharge or other surcharge that is not already included in a Transport Rate, and that is imposed by government or by any regional or other authority in connection with the carriage of a Vehicle or the provision of any Transport Service, is payable by you in addition to the Transport Rate.

7.6 We may apply any payment we receive from you towards any amount you owe us. We are not bound by any condition or qualification you attach to a payment.

7.7 Where payment is not made by the due date, interest is charged at 2.5% per month, compounding, from the due date until the overdue amount and all accrued interest has been received by us.

7.8 If you default in payment or in any other obligation to us, then:

• (a) we may retain possession of your Vehicle as security;
• (b) we may require immediate payment of all money owed to us, whether or not it is yet due;
• (c) you agree to reimburse all costs we incur in recovering the debt;
• (d) we may withhold delivery of your Vehicle without notice; and
• (e) you agree to pay in advance for any future services.

7.9 We may at any time assign to another person all or any part of a debt you owe us.

8.1 Time of delivery is not of the essence for any Transport Service. We will make all reasonable efforts to meet any delivery date agreed with you, or otherwise to deliver within a reasonable time. We are not liable in any circumstance for failing to deliver a Vehicle by an agreed date.

8.2 Delivery is deemed to have occurred at the time the Vehicle is left by us at the destination you requested. Your signature is not required for delivery to occur.

8.3 If for any reason (other than our fault) a Vehicle cannot be delivered to the destination address, or a Vehicle is not collected from us as agreed, then:

• (a) 24 hours after delivery we are deemed to be your agent and may store the Vehicle on your behalf, at your risk and expense; and
• (b) 30 days after the delivery date we may treat the Vehicle as unclaimed and sell it. The sale proceeds will be applied to:
  • (i) the costs of selling the Vehicle;
  • (ii) any amounts you owe us for Transport Services, storage, interest and any other costs, including administration; and
  • (iii) any surplus, which we will hold until you request reimbursement.

9.1 All cancellations must be given to us in writing at least 48 hours before the scheduled pick-up date.

9.2 Where we accept a cancellation notice, you may request a refund for the Transport Services not performed, less any costs we have already incurred and an administration fee of $75 + GST.

10.1 Personal information collected when you book is used only to arrange, carry out and invoice your Transport Service, and is handled in accordance with the Privacy Act 2020.

11.1 This Contract is governed by and construed in accordance with New Zealand law.