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You are here: Terms & Conditions

Terms & Conditions

1. PACK & SEND (hereinafter referred to as "the Carrier" which expression shall include unless the context otherwise requires its servants, agents and sub-contractors) IS NOT A COMMON CARRIER AND WILLACCEPT NO LIABILITY AS SUCH. All articles carried or transported and all storage and other services performed by the Carrier are subject to these conditions and THE CARRIER RESERVES THE RIGHT TO REFUSE THE CARRIAGE OR TRANSPORT OF ARTICLES FOR ANY PARTICULAR INDIVIDUAL, FIRM OR COMPANY AND THE CARRIAGE AND TRANSPORT OF ANY CLASS OF ARTICLES AT ITS DISCRETION.

2. The goods are accepted by the carrier subject to the following conditions:

1. That they comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and any expenses and charges incurred by the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any authority or other party shall be paid by the Sender.
2. That if any goods are subject to the control of the Customs, all duty, excise duty and costs which the Carrier becomes liable to pay and does pay shall be paid by the Sender.
3. That the goods are fully described in writing in the space provided hereon.
4. That the goods do not contain explosive, inflammable or otherwise dangerous or damaging goods other than as are specifically disclosed as such thereon.
   

3. The Sender shall not tender for carriage any dangerous goods of any type, or any bullion, coins, banknotes, deeds, bonds, bills of exchange or other documents representing money, jewellery, gold or silver articles, precious stones or articles containing gold, silver or precious stones, livestock or bloodstock or bloodstock or living plantslthings. The Carrier will not accept any of the foregoing for carriage, and the Sender indemnifies the Carrier against all loss, damage and expense caused by any breach of this clause. Any provisions of these Conditions of Contract under which the Carrier agrees to accept liability for loss of or damage to goods shall not apply to the loss of or damage to any goods tendered for carriage in breach of this clause."

4. (a) The Carrier is not the actual carrier of the goods except to the extent that the goods are physically carried in a conveyance belonging to the Carrier. In all other circumstances the Canier is the agent only of the Sender and, subject to clause 10 of these Conditions of Contract, its responsibility is limited to the arranging of the carriage of the goods with a reputable carrier. The Sender authorises the Canier to arrange such carriage with one or more such actual caniers on such carriers usual terms and conditions, including all usual limitations and exclusions of liability; and acknowledges that in doing so the Carrier in its role as agent will be creating contractual relations between the Sender and the actual carrier(s). Where contracts are entered into with actual carriers for the international carriage of goods, the Canier shall provide the Sender with copies of the contracts of carriage.

4. (b) The Sender further acknowledges that goods being carried internationally will be subject to various international conventions, the effect of which may be to limit the Senders ability to recover the value of any loss or damage from the actual carrier(s) responsible for the same."

5. If the Sender instructs the Carrier to use a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the Carrier the Sender shall be deemed to authorise the Carrier to carry or have the goods carried by another method or methods.

6. The Sender shall be deemed to authorise any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the Carrier be deemed reasonable or necessary in the circumstances.

7. Freight will be considered earned as soon as the goods are loaded and dispatched.

8. The Carrier shall have a general lien on the goods, any documents relating to the goods and on any other goods of the Sender in the possession or under the control of the Carrier for all charges and other amounts payable by the Sender to the Carrier and for that purpose the Carrier may sell all or any of the goods of the Sender in its possession or under its control without notice to the Sender and apply the proceeds in or towards the discharge of the lien together with all charges and expenses of detention or retention and the costs of sale without liability to any person whatsoever and without prejudice to the right of the Carrier to otherwise recover the charges and other amounts payable to the Carrier in respect of the carriage of goods. The Carrier will render the surplus from the sale to the party entitled to the money if any.

9. Where the Silver Service has been chosen for any goods or collection of goods listed in section 3 of the Consignment Note, this contract shall, to the extent that the Carriage of Goods Act 1979 applies to the services provided by the Carrier, be a contract of carriage at owners risk pursuant to section 8(a) of that Act. Whether or not the Carriage of Goods Act applies, TO THE MAXIMUM EXTENT PERMuTED AT LAW AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, NO RESPONSIBILITY in tort or contract or by statute or otherwise WILL BE ACCEPTED BY THE CARRIER FOR ANY LOSS OF OR DAMAGE TO OR FAILURE TO DELIVER OR DELAY IN THE DELIVERY OF GOODS either in handling, packing or in transit or in storage and whether caused by negligence, wrongful act or default of the Carrier or by any other cause whatsoever. This disclaimer extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person property or thing damaged during the movement, and to include any loss consequently or otherwise arising from any such loss, damage or injury. The Receiver may elect to be in attendance to receipt the goods or have them left at a nominated address.

10. (a) Where the Gold Service has been chosen for any goods or collection of goods listed in section 3 of the Consignment Note this contract shall, to the extent that the Carriage of Goods Act 1979 applies to the services provided by the Carrier, be a contract of carriage at declared value risk pursuant to section 8(c) of that Act Whether or not the Carriage of goods Act applies, the Carrier shall indemnify the owner of the goods for loss or damage occurring while in the Carriers care, custody or control, except where such loss or damage arises from or is the result of:

• Ordinary leakage, loss in weight or volume;
• Inherent vice;
• Any breach of either of the terms implied into this contract by section 17 of the Carriage of Goods Act 1979;
• Wars or strikes, actions of government or customs authorities, seizure under legal process; nuclear or radioactive contamination, or mould;
• Insufficiency of packing other than by or on behalf of the Carrier;
• Saving or attempting to save life or property in peril;
• Mechanical or electrical breakdown or malfunction where no external evidence of damage can be shown, or any pre-existing damage; or
• Where the Receiver has acknowledged satisfactory and safe delivery of the goods by signing the delivery document.

10. (b) Clause 10(a) does not apply:

• To more than the market value of each good or collection of goods set out in section 3 of the Consignment Note and the Carriers liability shall be limited accordingly;
• To any direct, indirect or consequential loss or damage whatsoever, including without
• limitation loss of profits, loss of market, loss of intrinsic value of the goods, fines, penalties, duties and taxes, for which the Carrier shall not under any circumstances have any liability whether arising in contract, tort, bailment, by statute or howsoever otherwise.
• To the first $250 of loss or damage for any one Consignment.

10. (c) Subject to clause 10(b) the Sender and the Receiver agree:

• To notify the Carrier of any loss of or damage to goods upon receipt of the goods and male an appropriate notation on the delivery docket. Section 10(a) does not apply to any notification of loss or damage made more than 7 days after receipt of the goods and the Carrier shall be discharged from all liability where such notification is not given in that time.
• To declare the actual market value of the goods or collection of goods in section 3 of the Consignment Note. If the declared value of the goods or the collections of goods declared in section 3 of the Consignment Note (Declared Value of Goods) is less than the actual market value of the corresponding goods or collection of goods (Actual Value of Goods) the Carrier will not be liable for more than the amount in the following formula: [Declared Value of Goods divided by Actual Value of Goods] multiplied by Declared Value of Goods.
• That for goods that are an entire set of goods or for pairs of goods where not all items of the set or pair are lost or damaged, liability will be limited to the damaged part of the goods only;
• To provide evidence of damage to the goods and the amount of any loss or damage at the request of the Carrier. The Sender must retain the damaged goods for inspection by the Carrier or its agents or nominees;
• That the Carrier will have full control over deciding whether to repair or replace the goods or the damaged or undelivered goods. Repairs and replacements will be undertaken in the most economical way at the discretion of the Carrier. It is at the Carriers discretion to make cash payments to the Sender for the damaged or undelivered goods. Antiques, collections, collectables, works of art, curios and items of that nature may be replaced at the discretion of the Carrier.

11. In circumstances where the Receiver of the goods elects to be in attendance to receive the goods and is not in attendance at the address given during normal business hours when delivery is attempted an additional charge may be made at ruling rates for each attempt until delivery is accomplished. If the Receiver elects to not be in attendance when the goods are delivered then the goods may be left without receipt at the nominated address. If the nominated address for delivery is another Pack & Send store and the goods are not collected within 5 business days from the date of delivery then the Receiver must pay a storage fee of Nz$1.10 (md GST) per item per day for each day the goods remain uncollected. The goods will not be released until the fee is paid in full.
12. Every special instruction to the effect that charges shall be paid by any person other than the Sender shall be deemed to include a stipulation that if such other person does not pay the said charges within 7 days of the date set for payment, within 7 days of the delivery or intended delivery of the goods, the Sender shall pay the said charges.

13. The Sender expressly warrants with the Carrier that the Sender is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract and by entering into this contract the Sender accepts these conditions of contract for the Receivers as well as for the other persons on whose behalf the Sender is acting.

14. The Carrier shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the Carrier within six months after delivery of goods or the date when the goods should have been delivered. In the event that the said time period shall be found contrary to any convention or law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstance only.

• In the case of carriage by sea, the value will not be declared or inserted in the bill of lading for the purpose of extending the ship owners liability under Article IV Rule 5(a) of the Fifth Schedule of the Maritime Transport Act 1994 except upon the express instructions given in writing by the Sender.
• In the case of carriage by air, no optional declaration of value to increase the air carriers liability under the Civil Aviation Act 1990 Article 22 of Schedule 6 will be made except upon express instructions given in writing to the Sender.
• In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and to the maximum extent permitted by law goods will be forwarded or dealt with at owners risk or other minimum charges unless express instructions in writing to the contrary are given by the Sender.

15. In respect of any clause herein which excludes or in any way limits the liability of the Carrier in respect of this carriage of goods, the Carrier in addition to acting for itself, is acting as agent and trustee for each of its servants and also any other person or company with whom the Carrier may arrange for the carriage of the goods and the servants of such person or company so that its servants and such person or company and his or its servants are pares to this contract so far as the said clause or clauses containing exclusions or limitations of liability are concerned and if and in so far as may be necessary to give effect to this clause the Carrier shall hold the benefit of these conditions for its servants and for any such person or company and his or its servants.

16. The within contract shall be governed and construed in accordance with the laws of New zealand. The parties agree to submit to the exclusive jurisdiction of the courts of New zealand.

17. It is agreed that the person delivering any goods to the Carrier for carriage or forwarding is authorised to sign this consignment note for the Sender.

18. The Carrier shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Carrier by an officer of the Carrier.

19. In the event that, whether pursuant to any liability imposed on the Carrier or otherwise, the Carrier makes any payments to the Sender in respect of loss of or damage to or delay in delivery of goods (including consequential loss), the Sender hereby assigns the Carrier all rights which the Sender may have under any policy of insurance to recover such loss and the Sender hereby irrevocably appoints the Carrier as the Attorney of the Sender with full power in the Senders name to claim, demand, sue for, recover any such amount and the Sender shall execute all such documents and provide all such information as may be necessary to enable the Carrier to obtain full benefit of this clause.

20. Insurance will be the sole responsibility of the Sender. Insurance will not be specifically arranged by the Carrier. The Carrier shall be under no liability whatsoever for the adequacy of the insurance or the failure to effect such insurance by the Sender.

21. PRIVACY
The information collected in this document will be used primarily for the purposes of conducting the services. Access to the information is available subject to certain conditions. Please refer to the Carriers Privacy Statement on its website.