Terms of Trade

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AGNEW TRANSPORT SERVICES LIMITED ("ATS") TERMS AND CONDITIONS OF TRADE

 

This contract is made between Agnew Transport Services Ltd and the customer. Use of this account shall constitute acceptance of these terms and conditions , notwithstanding that the application has not been completed and/or signed on behalf of the customer.

 

Carriage to be at Limited Carrier's Risk
All goods carted by ATS are carted at limited carriers risk. This means that in the event of any damage or loss to any goods carried ATS's liability is limited to the sum of $1,500 for each unit of goods lost or damaged.

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Insurance
Insurance of the goods is the customer's responsibility.

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Ownership of Goods
The customer expressly warrants to ATS 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.

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Storage of Goods
Any goods stored by ATS will be stored at the owner's sole risk. This means that ATS will not be liable for the loss or damage to any such goods unless the loss or damage is caused intentionally by ATS. The owner or consignor should therefore arrange its/his/her own insurance cover.

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Packing
The customer will ensure that all goods have been labeled correctly and properly and sufficiently packed and prepared for cartage.

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Dangerous Goods
It is the consignor's responsibility to -
(a) Advise ATS if any goods consigned are dangerous goods.
 Ensure that any dangerous goods are securely packaged, marked and sign written as required
by any Act, Regulation or Rule which relate to the manufacture, storage or carriage of
dangerous goods.
(b) The consignor will completely and irrevocably indemnify ATS in respect of any fine, infringement fee,
penalty or court costs imposed on or ordered to be paid by ATS as a result of the consignor's failure to -  advise ATS that the consigned goods were dangerous goods;
 ensure that any dangerous goods to be carried were securely packaged, marked and
signwritten as required by any Act, Regulation or Rule which relate to the manufacture,
storage or carriage of dangerous goods;
(c) In addition the consignor will reimburse ATS for its full solicitor/client costs incurred in the course of
any prosecution brought against ATS as a result of any failure by the consignor to advise ATS that any goods consigned were dangerous goods or to ensure that said goods were securely packaged, marked and signwritten as required by any Act, Regulation or Rule relating to the manufacture, storage or carriage of dangerous goods.

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Right to Subcontract
ATS reserves the right at all times to subcontract out any work to another carrier in which case these terms and conditions will apply as if the goods had been carried by ATS.

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

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Payment of Charges
The customer agrees to pay ATS any standard charges including but not limited to fuel and cancellation surcharges, and those of any subcontractor engaged by the Company and any other costs incurred or money expended by ATS in connection with the goods including but not limited to detention, demurrage, weighbridge and permit charges. ATS may charge freight by weight or measurement and may at any time re-weigh or remeasure
or require the goods to be re-weighed or re-measured and charge proportional additional freight and
any weighing charges incurred. ATS may recover from the customer any LTSA infringement fees issued to the
ATS in respect to any under-declared consignments.

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Payment
(a) The customer will pay any invoice rendered by ATS on the 20th of the month following date of invoice. (b) Interest on overdue invoices will accrue from the date when payment becomes due until the date of payment at a compounding rate of 2.5% per calendar month and shall accrue at such a rate after as
well as before any judgment.
(c) In the event that ATS is required to take debt collection proceedings to recover any unpaid invoice the
customer will in addition become liable for all ATS's costs and disbursements incurred, including any
solicitor/client costs.
(d) Without prejudice to any other remedies ATS might have, if at any time the customer is in breach of
any obligation (including those relating to payment) ATS may suspend or terminate the supply of cartage to the customer and ATS will not be liable to the customer for any loss or damage the customer suffers because ATL has exercised its rights under this clause.

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Termination
In additional to any other of the Company's rights of termination provided herein or at law, both the ATS and the customer shall have the right to terminate this credit facility immediately in writing but no such termination shall release the customer from any monies owing or from the liability for any previous breach of these terms and conditions.

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Actions against the Company
The company 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
ATS within seven (7) days after delivery of goods or in the case of loss of the goods, within fourteen
(14) days of the date of dispatch; and
(b) An action shall have been commenced by ATS to this contract of carriage in a court of competent
jurisdiction within six (6) months from the date of dispatch of the goods.

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Governing Laws
This contract is to be subject to and governed by the laws of New Zealand.

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Variations of Conditions
These terms and conditions may be amended in whole or in part by ATS from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the ATS official website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

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Quotation
Where a quotation is given by ATS for products or services
(a) The quote will be valid for 30 days from the date of issue and
(b) The quotation shall be exclusive of goods and services tax unless specially stated to the contrary
and
(c) Where no price is stated in writing or agreed to orally, the product and services shall be deemed
the current rate as such products and services are sold by ATS at the time of contract.

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Typographical Errors
ATS reserves the right to correct any typographical errors in any prices quoted or contained in an order, quotation or invoice.

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Privacy Act 1993
The customer authorises ATS or ATS's agent to:
a) Access, collect, retain and use any information about the customer for the purpose of assessing the
customer's creditworthiness
b) Disclose information about the customer, whether collected by ATS from the customer directly or obtained
by ATS from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the customer.
Where the customer is an individual the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
The customer shall have the right to request ATS for a copy of the information about the customer retained by ATS and the right to request ATS to correct any incorrect information about the customer held by ATS.