1. DEFINITIONS
“Agent” shall mean Easy Move Furniture Removals Limited and its successors and assigns.
“Customer” shall mean the Customer or any person or persons acting on behalf of and with the authority of the Customer. Where more than one Customer has entered this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
“Goods” shall mean cargo together with any container, packaging or pallet(s) to be moved from one place to another by way of the Agent’s Services, or for storage by the Agent.
“Services” shall mean all services provided by the Agent to the Customer and are as described on the quotations, invoices, or any form as provided by the Agent to the Customer.
“Price” shall mean the cost of the Services as agreed between the Agent and the Customer subject to clause 3 of this contract.
2. ACCEPTANCE
Any instructions received by the Agent from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein.
3. PRICE, PAYMENT AND CANCELLATION
3.1 Price
At the Agent’s sole discretion, the Price shall be the Agent’s quoted Price which shall be binding upon the Agent provided that the Customer shall accept in writing the Agent’s quotation within thirty (30) days.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Agent.
3.2 Deposits
Local moves: A deposit will be sent with the booking confirmation by email and is payable on receipt.
Long haul/distance moves: A deposit of 50% of the quoted Price is payable on receipt of invoice.
3.3 Payment Terms
Time for payment of the Services shall be of the essence. Unless otherwise agreed in writing, payment is due at the completion of the job.
Customers using storage facilities are required to pay the agreed amount in full before Goods are placed into storage.
Accepted payment methods:
Cash
Bank Transfer (proof of payment or screenshot required)
Visa or Mastercard (3% surcharge applies)
We do not accept cheques
3.4 Cancellation Policy
If you cancel your booking within three (3) days of the scheduled move:
Your deposit is non-refundable
A cancellation fee of 50% of the quoted Price will apply
4. AGENT NOT COMMON CARRIER
The Agent is not a Common Carrier and will accept no liability as such. All Services are performed as a private contractor.
5. ROUTE DEVIATION
The Customer shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the discretion of the Agent be deemed reasonable or necessary in the circumstances.
6. DELIVERY
The Agent is authorised to deliver the Goods at the address given to the Agent by the Customer for that purpose and it is expressly agreed that the Agent shall be taken to have delivered the Goods in accordance with this contract.
It is the Customer’s sole responsibility to provide clear and accurate delivery instructions to enable effective delivery.
Goods delivered to unoccupied premises are left at the Customer’s sole risk.
7. LOSS, DAMAGE OR DELAY – LIABILITY LIMITATIONS
7.1 Owner’s Risk Contract
This is a contract for carriage at owner’s risk in accordance with section 248(1)(a) of the Contract and Commercial Law Act 2017.
7.2 Limitation of Liability
Subject to statutory provisions imposing liability in respect of the loss of or damage to the Goods:
(a) The Agent 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 the Agent or otherwise, for any damage or loss, deterioration, misdelivery, delay in delivery or non-delivery of the Goods (whether the Goods are or have been in the possession of the Agent 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; and
(b) The Customer will indemnify the Agent 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 the Agent or otherwise, brought by any person in connection with any matter or thing done, said or omitted by the Agent in connection with the Goods.
7.3 Specific Limitations
Where it is necessary to use window hoists or other tackle, the Agent accepts no responsibility for damage to the Goods being removed or the premises from which they are removed.
The Agent will not be liable for electro-mechanical damage to any electrical equipment or household appliances unless caused by direct physical impact during transit.
7.4 Claims Procedure
The Agent shall be under no liability whatsoever for loss or damage to Goods unless the Customer provides written notice to the Agent within seven (7) days after delivery of the Goods. Notice must include:
A detailed description of the damage or loss
Photographic evidence where possible
The date and location of the move
Any claim for damage to premises must be pointed out to the Agent at the time of removal or delivery of the Goods and confirmed in writing no later than forty-eight (48) hours after the alleged damage occurred.
7.5 Consumer Guarantees Act 1993
This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Customer is acquiring the Services for the purposes of a business, in which case the provisions of the Consumer Guarantees Act 1993 do not apply.
8. INSURANCE
8.1 Customer’s Responsibility
It is the Customer’s sole responsibility to arrange comprehensive insurance cover for the Goods, except where transit insurance is specifically arranged by the Agent.
8.2 Transit Insurance
Where transit insurance is arranged by the Agent, such insurance covers damage or destruction of the Goods caused by the Agent’s vehicle being involved in a motor vehicle accident only.
Transit insurance coverage extends from collection to delivery of the Goods.
Important: Where Goods require storage during transit, transit insurance ceases once the Goods are placed into storage. Separate storage insurance must be arranged and is the Customer’s responsibility. The Agent uses third-party storage facilities and accepts no liability for Goods while in storage unless specific storage insurance has been arranged with the Agent.
9. UNPAID AGENT’S RIGHT TO DISPOSE OF GOODS
The Agent shall have a lien on any Goods (and any documents relating to those Goods) in the possession or control of the Agent for all sums payable by the Customer to the Agent. The Agent shall have the right to sell such Goods by public auction or private treaty after giving seven (7) days written notice to the Customer at the Customer’s last known address. The Agent shall be entitled to retain the sums due to it, in addition to the charges incurred in detention and sale of such Goods, from the proceeds of sale and shall remit any surplus to the Customer or other entitled person.
10. CUSTOMER’S RESPONSIBILITIES
The Customer shall ensure that all Goods intended for transport are identified and available for removal by the Agent at the agreed time.
The Customer shall indemnify the Agent against all claims in respect of:
Goods that are removed in error
Goods that are left behind
Any damage caused by incorrectly packed or inadequately secured Goods
The Customer must disclose any hazardous, dangerous, or fragile items prior to the commencement of Services.
The Customer warrants that they have the legal right to move all Goods and that no third party has any interest in the Goods that would prevent their removal.
11. DEFAULT AND CONSEQUENCES
11.1 Interest on Overdue Payments
Interest on overdue invoices shall accrue from the date when payment becomes due until the date of payment at a rate of 1.5% per calendar month (18% per annum). Such interest shall compound monthly at such rate after as well as before any judgment.
11.2 Collection Costs
If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Agent from and against all costs and disbursements incurred by the Agent on a solicitor-client basis, including the Agent’s collection agency costs.
11.3 Administration Fees
If any account remains overdue after thirty (30) days, an administration fee equal to the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) shall be levied, which sum shall become immediately due and payable.
11.4 Suspension of Services
Without prejudice to any other remedies the Agent may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Agent may suspend or terminate the supply of Services to the Customer. The Agent will not be liable to the Customer for any loss or damage the Customer suffers because the Agent exercised its rights under this clause.
11.5 Cancellation Rights
Without prejudice to the Agent’s other remedies at law, the Agent shall be entitled to cancel all or any part of any order which remains unperformed, and all amounts owing to the Agent shall become immediately payable in the event that:
Any money payable to the Agent becomes overdue, or in the Agent’s opinion the Customer will be unable to meet its payments as they fall due; or
The Customer becomes insolvent, convenes a meeting with its creditors, or proposes or enters into an arrangement with creditors; or
A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
12. DISPUTE RESOLUTION
In the event of any dispute arising out of or relating to this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation.
If the dispute cannot be resolved through negotiation within fourteen (14) days, either party may refer the dispute to mediation before an independent mediator agreed upon by both parties.
Nothing in this clause shall prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
13. PRIVACY
The Agent collects and holds personal information in accordance with the Privacy Act 2020.
The Customer authorises the Agent to:
Collect, retain and use any information about the Customer for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
Disclose information about the Customer, whether collected by the Agent from the Customer directly or obtained by the Agent 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 2020.
The Customer shall have the right to request the Agent to correct any incorrect information about the Customer held by the Agent.
14. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from any cause beyond the reasonable control of that party. Such causes include, but are not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, storms, epidemics, pandemics, strikes, lockouts or other industrial action (whether or not involving the workforce of the affected party), vehicle breakdowns, accidents, supply chain disruptions, or any other events beyond the reasonable control of either party.
15. GENERAL PROVISIONS
15.1 Severability
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.2 Indirect Loss
The Agent shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Agent of these terms and conditions.
15.3 Liability Cap
In the event of any breach of this contract by the Agent, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Agent exceed the Price paid for the Services or the insured value of the Goods (whichever is lower).
15.4 Assignment and Subcontracting
The Agent may licence or subcontract all or any part of its rights and obligations without the Customer’s consent. The Customer may not assign this agreement without the Agent’s prior written consent.
15.5 Entire Agreement
These terms and conditions, together with any quotation or invoice, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether oral or written.
15.6 Governing Law
This agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
15.7 Amendments
The Agent reserves the right to amend these terms and conditions at any time. Any amendments will be posted on the Agent’s website and will apply to all Services provided after the date of posting.
For questions about these Terms and Conditions, please contact:
Easy Move Furniture Removals Limited
Email: info@easymovefurnitureremovals.co.nz
Website: https://easymovefurnitureremovals.co.nz