The Buyer orders the Goods and/or Services on the Terms and Conditions set out herein:
1.0 Price and Terms of Payment:
1.1 Truck About NZ’s price for Goods and/or Services sold to the Buyer shall be the total net price set out on the front of the invoice as determined by Truck About NZ from time to time for any such Goods and/or Services.
1.2 In addition to the total net price of the Goods and/or Services set out on the front of the invoice, the Buyer shall pay GST thereon and all such taxes, duties, fees, transport costs, postage and packaging costs and other costs which the Truck About NZ determines are payable in respect of the Goods and/or Services ordered by the Buyer (“the Buyer’s Order”) together with any GST thereon (called “the Total Price”).
1.3 Payment by the Buyer of the Total Price shall be due upon delivery of the Goods and/or Services unless the Truck About NZ has entered into a written credit arrangement with the Buyer authorising payment on other terms. If such an arrangement exists, payment by the Buyer shall be in strict accordance with that credit arrangement.
1.4 Notwithstanding clause 1.3, if the Buyer commits an act of bankruptcy, compounds or arranges with all or a number of its creditors or being a company has a receiver appointed or goes into liquidation whether voluntarily or otherwise, then payment of the Total Price by the Buyer shall be due immediately upon the happening of any such event. The parties acknowledge that the performance of this clause is essential to Truck About NZ.
1.5 Where the Total Price has become due and payable pursuant to clause 1.3 or 1.4 hereof, then without prejudice to the Truck About NZ’s right to sue for payment or any other remedy Truck About NZ may have, the following shall apply:
1.5.1 All amounts payable to the Truck About NZ in respect of any Goods and/or Services delivered to the Buyer shall thereupon become immediately due and payable to Truck About NZ without further notice in respect thereof, and
1.5.2 Interest shall be payable by the Buyer on all amounts due to the Truck About NZ at the rate of 24% per annum and such interest shall be calculated on a daily basis from the due date for payment until payment is received in full by Truck About NZ; and
1.5.3 The Buyer shall pay all of Truck About NZ’s legal costs (including Solicitor/Client costs) pertaining to any enforcement action taken by Truck About NZ against the Buyer for payment of all or any amounts due.
2.0 Delivery of Goods and/or Services:
2.1 Truck About NZ shall deliver the Goods and/or Services to the Buyer as soon as is reasonably practicable after acceptance of the Buyer’s Order.
2.2 Delivery of Goods shall be deemed to have taken place when Truck About NZ delivers the Goods to the Buyer or the Buyer’s agent or any other person or carrier to whom Truck About NZ has been authorised by the Buyer to deliver such Goods whether expressly or impliedly and whether in writing or orally.
2.3 Unless expressly agreed in writing between the parties as to the means of delivery of the Goods, Truck About NZ may effect delivery in any manner the Truck About NZ determines.
2.4 Delivery of Services shall be deemed to have occurred upon completion of the Services.
2.5 All references to proposed delivery dates made by Truck About NZ whether orally or in the Sales Invoice or in any other form of communication are estimates only and Truck About NZ shall not be bound by such estimates. The Truck About NZ shall take all reasonable steps to comply with such proposed delivery dates.
2.6 Unless stated otherwise in writing, all goods will be carried solely at “Owners Risk” as defined under the Carriage of Goods Act 1979.
3.1 Truck About NZ can offer full transit insurance with no commission charges for both commercial and household moves from our partner brokers and providers of transit insurance. Just Ask Us for Details.
3.2 Truck About NZ will use their greatest care and attention but there remains an unavoidable risk of marks and rubs on internal walls and stairwells, especially with some larger items. While these risks are low, work carried out on site while either loading or unloading will be done on an “Owners Risk” basis and cannot be insured.
3.3 Damage caused by our vehicles to sewerage installations, underground pipelines, cables, driveways, footpaths as well as overhanging power or telephone lines cannot be insured. If our removal team is instructed by the owner, consignee, consignor or shipper or any person acting on their behalf to drive any of our vehicles across an area where such damage may arise, we will not accept liability for any subsequent damage which may occur. Responsibility will reside exclusively with the owner or Buyer.
4.0 Road Traffic Accidents:
4.1 Truck About NZ cannot accept liability for damage arising from third-party faults and liabilities. For example, in the event of a traffic accident where another party is found to be at fault, the Buyer will need to progress their claim for damages directly with the insurance company of the other party.
5.0 Cancellations and Delays:
5.1 A minimum fee will apply for all prepaid bookings cancelled with 7 days’ notice. For local deliveries, this will consist of a minimum one-hour time fee plus a call-out fee of $60 or otherwise advised.
5.2 A minimum fee of 25% will be applied to all cancelled prepaid bookings where less than 7 days’ notice is provided. The final cancellation fee will be determined by notice provided in conjunction with factors such as the effort and cost incurred in reserving capacity and making consequential arrangements.
6.0 Dispute Resolution:
6.1 The Buyer and Truck About NZ hereby agree that any dispute or difference (“the Dispute’) which may arise between the Buyer and Truck About NZ as to the meaning or application of any part of this Agreement or any other matter touching or concerning this Agreement shall be actively and in good faith negotiated by the parties with a view to a speedy resolution of the Dispute.
6.2 If the Buyer and Truck About NZ are unable to resolve the Dispute, then the Buyer and Truck About NZ hereby agree to endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation or such similar techniques agreed upon by the Buyer and the Truck About NZ.
6.3 If the Buyer and the Truck About NZ do not agree within five (5) business days as to the dispute resolution techniques and procedures to be adopted then the Dispute shall be referred by the parties to arbitration pursuant to the Arbitration Act 1996 or any statutory provisions relating to arbitration.
7.1 Truck About NZ shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Truck About NZ’s obligations under the contract, including any cancellation of the contract or any negligence on the part of Truck About NZ, its servants, agents or contractors, nor shall Truck About NZ be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
8.0 Proper Law:
8.1 This Agreement and these Terms and Conditions of Sale shall be governed by New Zealand law and the New Zealand Courts shall have exclusive jurisdiction in connection herewith.
9.0 Signatures and Witnesses:
I, [insert customer name] of [business name if applicable] have read and accept the Terms of Trade as outlined in this document.
Your signature: Date: