Terms and conditions

The parties agree to be bound by the General Conditions, set out below. If the Client is in trade, the Client’s attention is drawn to the limitations of liability in clauses 3.2 to 3.4, 8.1 to 8.4 and 10.1 to 10.4. This agreement, together with the General Conditions and any attachments, is a contract for services, and will replace all or any agreement previously reached between the parties.

  1. APPLICATION OF THESE TERMS

1.1      These Terms apply to Cameron Ryan's provision of the Services.

1.2      By instructing Cameron Ryan to carry out the Services you unreservedly agree to these Terms.

1.3      Where you instruct Cameron Ryan to carry out the Services on behalf of another person, be it an incorporated entity or natural legal person, you confirm that:

(a)     The other person in question authorises you to procure the provision of the Services;

(b)     You have the requisite authority to agree to these Terms on that other person’s behalf; and

(c)     When you agree to these Terms on that person’s behalf, you accept these Terms will also bind that person.

  1. DEFINITIONS AND INTERPRETATION

2.1      Definitions:

Act means the Contract and Commercial Law Act 2017

Cameron Ryan means Capital Logistics Limited trading as Cameron Ryan Relocations

Client means the owner/(s) and consignee/(s) of any Goods named in the Carriage of Goods Agreement that these Terms are attached to, and their agents or employees if applicable.

Force majeure event means any circumstances or events beyond Cameron Ryan or the Client’s reasonable control that delay or prevent either party from carrying out some or all obligations under these Terms or that otherwise make it illegal, impossible, irresponsible or impractical to carry out the same, including:

(a)     Acts of god, lightning strikes, earthquakes, tsunamis, volcanic eruptions, floods, storms, explosions, fires, war, civil unrest, viruses, pandemics and any natural disaster;

(b)     Damage caused by moths, borer, vermin, white ants, termites or other insects, dampness, mildew, rot, rust and like events that prevent the carriage of certain Goods.

(c)     Unforeseeable acts by a third party, including burglary, housebreaking, vandalism, sabotage and like events.

Goods has the same meaning as provided in section 246 of the Act.

Public Holiday means any national public holiday prescribed by law and regional anniversary day observed in Wellington.

Services means:

(a)     the carriage of Goods specified in the Carriage of Goods Agreement that these Terms are attached to (be it specific Goods and/or a specific quantity of Goods) from a specified uplift address to a specified delivery address; and

(b)     any agreed incidental service(s) also specified in the Carriage of Goods Agreement that these Terms are attached to, which are to be performed as part of facilitating the carriage of Goods noted at (a) above under Terms (for example, packing, unpacking, and storage).

Terms means these Terms and Conditions of Contract and the Carriage of Goods Agreement above.

Working day means any calendar day other than a Saturday, Sunday or a Public Holiday, or any day falling within the period from 24 December to 05 January, both inclusive.

You, your, and you’re, carries the same meaning as "Client"

2.2      If the Client is more than one person, obligations, warranties, acknowledgements, and representations made by one such person shall apply to all persons on a joint and several basis.

2.3      If there is a conflict between a provision in these General Terms and Carriage of Goods Agreement above, then the latter shall prevail.

  1. CONTRACT OF CARRIAGE AT OWNER’S RISK

3.1      The Client agrees to engage the Cameron Ryan to arrange and facilitate the carriage of the Goods on these Terms to the exclusion of any other terms.

3.2      This contract is “a contract for carriage at owner’s risk” as defined in the Act. Accordingly, Cameron Ryan's liability is limited to the fullest extent that the Act provides for a contract for carriage at owner’s risk. This means that Cameron Ryan is not liable for lost or damaged Goods (including any loss or damage arising from deterioration, misdelivery, delay in delivery, or non-delivery of the Goods), except where Cameron Ryan intentionally causes the loss or damage.

3.3      Cameron Ryan shall act as agent for the Client and/or the owner of the Goods and may take any action that appears (acting reasonably) to be in the interests of the Client and/or the owner of the Goods unless compliance with any applicable laws such as the Health and Safety at Work Act 2015 requires otherwise. The costs of such action, if taken, shall be additional to any quoted or estimated amount provided under Part 5 of these Terms below.

3.4      The Client agrees to indemnify Cameron Ryan against all claims of any kind brought in connection with any alleged action or omission by Cameron Ryan relating to:

(a)     The Goods, if a claim for loss or damage to the relevant Goods, would otherwise be excluded under clause 3.2 if the Client had brought the claim.

(b)     The use of any means of access to the relevant address for collection and delivery of the Goods, including any internal spaces within a given address and any pathway, drive, grounds or other accessway serving a given address.

  1. INSURANCE

4.1      Cameron Ryan, acting as the Client’s agent, can arrange insurance that provides the Client with specified cover for damage and loss that may arise in relation to the provision of the agreed Services (“Transit Insurance”). The Client acknowledges and accepts that if Cameron Ryan does arrange Transit Insurance on its behalf, it is issued subject to the following conditions:

(a)     The nature and extent of cover are as specified in the terms and conditions of the applicable Transit Insurance policy.

(b)     The Client is solely responsible for:

(i)      Ensuring that any other insurance arrangements that they may require are in place.

(ii)     Coordinating the Transit Insurance procured on their behalf with any other relevant insurance cover that is in operation or arranged to be in operation before and/or after the Transit Insurance takes effect.

(iii)     Any issue or complication that may arise (directly or indirectly) as a result of a failure or oversight associated with 4.1(b)(ii) above.

4.2      Unless the Client expressly requests that Cameron Ryan arrange Transit Insurance pursuant to clause 4.1 and pays for the same prior to Cameron Ryan commencing the provision of the Services, the Client will have sole responsibility for arranging any insurance that they require.

4.3      Irrespective of any insurance that Cameron Ryan arranges on the Client’s behalf, this contract remains a contract for carriage at the owner’s risk as defined in section 250(1)(a) of the Act.

  1. QUOTES

5.1      If Cameron Ryan has provided a quote or estimate, the quoted or estimated amount/(s) relates to the provision of the Serviceslisted in the Carriage of Goods Agreement above.

5.2      Any estimated or quoted price noted in clause 5.1, together with any agreed dates and times relating to the provision of the Services to which the Quote relates, are conditional upon the following:

(a)     It excludes uninstalling, lifting, dismantling, or installing, laying, and assembling (as applicable) any fixtures, fittings, appliances or other apparatus and any fit-out elements such as blinds, curtains, and carpets.

(b)     It excludes insurance unless you have asked Cameron Ryan to arrange Transit Insurance on your behalf, and have agreed to the relevant premiums for said Transit Insurance.

(c)     The Goods are available and ready for the provision of the Services at the agreed time and location specified in the Carriage of Goods Agreement above.

(d)     The Goods made available and ready for the provision of the Services are not materially different in terms of quantity, nature, and/or type to those Goods specified in the Carriage of Goods Agreement above.

(e)     Performance of the Services is not interrupted, hindered, postponed, or otherwise delayed by the Client or a third party in a manner that materially alters costs incurred by Cameron Ryan in providing the Services.

(f)      The Services can be completed during Cameron Ryan’s specified business hours, namely between 8:00am to 5:00pm on any Working Day.

(g)     There is adequate access at the address for uplift and delivery, including:

(i)      Suitable doorways, staircases, lifts, or other means of ingress and egress (as applicable) to allow the Services to be carried out in a reasonably safe and expedient manner.

(ii)     Suitable and reasonably proximate road access for Cameron Ryan’s vehicles and workers to the place or places from which the relevant Goods are to be uplifted and/or delivered.

(h)     If the Goods are to be uplifted from and/or delivered to an address with more than two stories, the Client disclosed this to Cameron Ryan at the time they requested the quote.

(i)      Any accessibility circumstances listed in clause 6.1 are fully understood and accounted for when the estimated or quoted price was provided for the applicable Services.

  1. ACCESSIBILITY

6.1      If any of the following access-related issues arise when providing the Services, it shall also constitute a variation for which Cameron Ryan may charge an additional charge as applicable:

(a)     There is a lack of reasonable access for Cameron Ryan’s vehicle to the uplift and/or delivery address in circumstances that necessitate additional labour not contemplated by the Quote (e.g. to ferry Goods from the relevant uplift address to Cameron Ryan’s vehicle and/or from Cameron Ryan’s vehicle to the relevant delivery address).

(b)     Cameron Ryan may, at its discretion, use any balcony, window and/or tackle means of accessing the relevant building to uplift or deliver the relevant Goods where Cameron Ryan has determined that the means of access described at clause 5.2(g)(i) are unsuitable and/or unsafe.

(c)     If access to the address for delivery cannot be obtained for any reason and storage is required as a result.

6.2      If any one or more of the above access-related issues arise, Cameron Ryan may, at its discretion, take any course of action that it sees fit to ensure the well-being and safety of its workers and others and manage any operational and scheduling impacts.

  1. REFUSAL OF GOODS

7.1      Cameron Ryan reserves the right to refuse the carriage of any Goods at its absolute discretion.

7.2      Cameron Ryan’s appointed driver has the right to refuse to carry out any aspect of the Services if they are of the view that proceeding would risk the well-being and safety of its workers and others or otherwise place Cameron Ryan at risk of breaching any of its duties under the Health and Safety at Work Act 2015.

7.3      Cameron Ryan will not accept any work that involves the handling and carriage of dangerous Goods, including but not limited to Goods that are explosive, inflammable, noxious, corrosive, or otherwise pose a risk to health, safety, property, or the environment. If Cameron Ryan discovers that dangerous Goods are amongst those that have been provided for collection, Cameron Ryan may, at its absolute discretion, dispose of or destroy the Goods at your expense. If this occurs, Cameron Ryan will not be liable for the value of the dangerous Goods nor any loss that the Client or any third party has suffered as a result of their disposal or destruction.

  1. LIMITATION OF LIABILITY

8.1      Where any aspect(s) of the Services are not subject to the Act’s provisions that govern “a contract for carriage at owner’s risk”,the Client is in trade, the Services are acquired in trade, and it is fair and reasonable under section 43 of the Consumer Guarantee Act 1993 and section 5D of the Fair Trading Act 1986 that the parties be bound by this clause 8.1, the:

(a)     provisions of the Consumer Guarantees Act will not apply to Services provided under these Terms; and

(b)     following provisions of the Fair Trading Act will not apply to Cameron Ryan’s conduct or representations if unintentional: section 9 (misleading conduct), section 12A (unsubstantiated representations), and section 13 (false or misleading representations).

8.2      To the extent that any aspect of the Services is not subject to the provisions in Part 5 of the Act that apply to “a contract for carriage at owner’s risk”, nor the liability exclusion in clause 8.1 above, then, to the maximum extent permitted by law, Cameron Ryan shall not be liable whether in tort, contract or any other legal basis for any loss, damage, expense, claim or other liability arising from or in connection with:

(a)     Any act or omission associated with the performance of the Services (or lack thereof), whether relating to any Goods, Cameron Ryan’s vehicle, actions of Cameron Ryan’s workers or otherwise, except where Cameron Ryan intentionally causes the relevant damage or loss.

(b)     Any advice, representation, information, assistance, or any service of any kind provided in any form by or on behalf of Cameron Ryan in the course of or in connection with the Services.

(c)     Any matter or matters the Client has assumed or otherwise retained responsibility for under these Terms.

(d)     Any consequential or indirect loss or damage whatsoever arising from or in connection with any of the matters referred to above at provisions 8.2 and 8.2(a) to (c) (including, without limitation, loss of profit or loss of market), in any circumstances and for any reason whatsoever and whether or not occurring in the course of events which are at any time in the contemplation of or foreseeable by the Client and/or Cameron Ryan.

8.3      The maximum aggregate amount payable by Cameron Ryan to the Client, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses shall not exceed an amount that is more than five (5) times the total fees paid by the Client for the Services to which the relevant claim, damages, liability, loss or expense relates. Furthermore, without limiting any defences that Cameron Ryan may have under the Limitation Act 2010 or any other legislation, Cameron Ryan shall not be liable for any loss or damage claimed more than six (6) months after the date on which the Services were completed.

8.4      The Client acknowledges that Cameron Ryan’s employees, directors, officers, and agents have no personal liability to the Client in connection with these Terms and the performance of the Services, as it would be unreasonable for the Client to rely on them personally.   

  1. PAYMENT OF CHARGES

9.1      Any quoted charges must be paid in clear funds and in full without deduction no less than two (2) Working Days prior to uplifting the Goods unless alternative arrangements have been made in writing prior to commencing the provision of any applicable Services.

9.2      Until payment in full compliance with the requirements of 9.1 occurs, Cameron Ryan has the right not to perform the Services. If Cameron Ryan exercises this right, it shall not be liable to the Client for any losses (direct, consequential or otherwise) suffered as a result.

9.3      Where Services are to be provided on an hourly rate basis, an invoice for the total cost will be rendered in a timely manner following the completion of the applicable Services. Payment in full of the invoiced amount is due within seven (7) days of the invoice being issued.

9.4      Any variation costs that Cameron Ryan is entitled to charge the Client pursuant to these Terms (i.e. in addition to a Quote or estimate amount) will be calculated on a time and costs basis and invoiced to the Client in accordance with the invoicing and payment terms in clause 9.3 above.

9.5      If the Client fails to pay any amounts owing under clauses 9.3 or 9.4 above by the due date and if such default continues for an additional five (5) Working Days thereafter, Cameron Ryan shall be entitled to charge interest calculated at its current bank overdraft rate and compounded daily from the due date of payment to the actual date of payment in full.

9.6      If the Client continues to default on any amounts owed under these Terms for more than twenty (20) Working Days, Cameron Ryan will be entitled to refer the matter to a credit rating agency and take steps to recover the debt via a debt recovery agency or by initiating debt recovery proceedings itself. The Client agrees to indemnify Cameron Ryan for any and all costs and disbursements that Cameron Ryan incurs in recovering or endeavouring to recover such debt arrears, this includes fees and disbursements of any debt collection agency, court costs and legal fees calculated on a solicitor/client basis, and such costs shall form part of the debt recoverable from the Client.

9.7      All Goods provided by the Client to Cameron Ryan in relation to the Services shall be subject to a general lien for all moneys owed by the Client under these Terms, and the delivery or sale of part thereof shall not affect such lien in respect of the remainder. In respect of any period during which a lien is being asserted:

(a)     Cameron Ryan shall be entitled to charge for any storage and other expenses incurred (by or on your behalf); and

(b)     these Terms shall apply and Cameron Ryan shall not be required to deliver up possession of the relevant Goods or any part of them so long as any amounts remain owing by the Client under these Terms.

  1. CLIENT WARRANTIES AND OTHER RESPONSIBILITIES

10.1    The Client warrants to Cameron Ryan that:

(a)     The property or place that any Goods are to be uplifted from or delivered to by Cameron Ryan when carrying out the Services is owned or lawfully occupied by the Client or that they have obtained, prior to Cameron Ryan commencing the provision of the Services, all necessary approvals, permissions or authorisations that are needed to enable Cameron Ryan’s vehicles and/or workers to enter upon the property or place for the purpose of carrying out the Services.

(b)     They have title to all Goods to which the Services relate or, in the absence of said title, the requisite authority, rights and power needed to arrange the Services and that no other person has any other ownership interests in the Goods, such as a lien, charge or like interest, that will be breached or otherwise prejudiced by the provision of the Services.

(c)     None of the Goods provided to Cameron Ryan under these Terms are dangerous Goods of the kind described in clause 7.3 above, nor are they infested with or otherwise contain vermin or other damaging insects.

10.2    The Client acknowledges and accepts that it is their responsibility to ensure that no Goods required to be collected from a given address are left behind, that no Goods or fixtures are uplifted in error, and that Goods left in unoccupied premises are protected against risk (including, but not limited to theft). The Client further acknowledges and accepts that Cameron Ryan assumes no liability with respect to matters outlined in clause 3.3 and that the same is excluded from the scope of any agreed Services.

10.3     If the Client does not engage Cameron Ryan to pack some or all of the Goods to which the Services relate, the Client:

(a)     Warrants that the Goods comply with the requirements of any applicable law relating to the nature, labelling, packaging and carriage of the Goods to which the Services relate.

(b)     Acknowledges and accepts that they the Client are solely responsible for ensuring that the relevant Goods are safely and appropriately packaged and labelled.

10.4    The Client undertakes to indemnify Cameron Ryan and keep Cameron Ryan indemnified against all loss or liability and all actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be brought or made against Cameron Ryan by any other person or incurred by Cameron Ryan arising in whole or in part directly or indirectly as a result or in connection with:

(a)     A breach of any of the warranties noted above;

(b)     Any steps taken by Cameron Ryan, which were in its reasonable opinion at the time necessary or desirable to protect the Goods, or, in the case of any dangerous Goods referred to in clause 7.3 any steps taken by Cameron Ryan to destroy or dispose of the relevant Goods deemed dangerous.

(c)     Any other indemnity obligation referred to in these Terms, including those specified in clauses 3.4 and 9.6.

  1. CANCELLATION

11.1    The contract to which these Terms relate may be cancelled by the Client or Cameron Ryan provided that notice of the cancellation is given in writing and received by the recipient no later than 5:00 pm on the third Working Day prior to the date that the Services are to be performed.

11.2    If the Client gives notice of a cancellation later than 5:00 pm on the third Working Day prior to the date that the Services are to be performed, then a cancellation fee shall be payable by the Client to Cameron Ryan (at the rate determined by Cameron Ryanfrom time to time), payment of which shall be due within five (5) Working Days of the date of cancellation.

11.3    In the event that the contract to which these Terms relate is cancelled and the Client has paid all or part of the Quote amount, Cameron Ryan shall be entitled to deduct from this amount any moneys owing to Cameron Ryan under these Terms, be it a late cancellation fee under clause 11.2or otherwise and the balance shall be refunded to the Client within five (5) working days of the cancellation.

  1. GENERAL

12.1    Any notice or other communications to be given or served to the Client must be given in writing and may be given or served to or upon the Client personally (including by serving a person purporting to be a valid representative or agent of the Client), by way of email to an email address, or facsimile to a facsimile number, provided by the Client or agent or representative thereof.

12.2    Any notice or other communications to be given or served upon Cameron Ryan must be given in writing and addressed toCameron Ryan and either personally delivered or sent by post or email. The addresses to which all communications should be made to Cameron Ryan are as follows:

Hand Delivery: 55 Kaiwharawhara Road, Kaiwharawhara, Wellington 6035

Post: 55 Kaiwharawhara Road, Kaiwharawhara, Wellington 6035

Email: move@cameronryan.co.nz

Attention: The Manager

12.3     Any notice or other communication to be given or served under this contract is deemed to be received:

(a)     If delivered by hand, at the time of delivery

(b)     If sent by post, 5 working days after posting

(c)     If sent by email, on the day on which the email is deemed to have been received in accordance with section 214 of the Act, provided that the date of delivery is a Working Day, and the transmission is made prior to 5pm on that working day. If the email is made on a day that is not a working day, or not prior to 5pm, the transmission will be deemed to have been made on the next clear working day

12.4    The contract to which these Terms relate:

(a)     Is subject to New Zealand law.

(b)     Constitutes the entire agreement between the Client and Cameron Ryan for the performance of the Services.

(c)     Supersedes all previous negotiations, representations and warranties except as expressly incorporated into the Terms.

(d)     May not be amended unless both parties agree and the applicable amendment is in writing and signed by both Parties.

If a Force Majeure Event is preventing or will prevent Cameron Ryan from performing the Services or render the performance of the Services impracticable, illegal, and/or subject to a materially elevated level of risk, then Cameron Ryan may cancel the contract or agree with the Client to defer the provision of the Services as appropriate.