Terms of Freighting
By choosing to courier or freight your goods with Catch a Bus South, you confirm you have read and agree to these terms and conditions of the freighting service supplied by Catch a Bus South. Please do not freight with us if you have any objections to this policy.
1.0 Acknowledgement of Contract
These Terms and Conditions constitute the Agreement between Catch a Bus South and the Customer, and no person outside of the Management of Catch a Bus South has the authority to waive or vary these conditions unless otherwise agreed in writing.
2.0 Variation of Terms
Catch a Bus South may, in its sole discretion, amend or change these Terms and Conditions from time to time upon giving reasonable notice. Notice may be given by posting the updated terms on its website www.catchabussouth.com. The Customer’s request for Services after the effective date of the updated terms constitutes the Customer’s agreement to those updated terms.
3.0 Compliance with Law
The Customer agrees that the Goods for which Services are requested will comply with all relevant laws concerning their nature, labelling, packaging, and transportation. Any expenses or charges incurred by Catch a Bus South in order to comply with these laws, or with the requirements of any harbor, dock, railway, shipping, customs, warehouse, or other authority, as well as any costs, levies, or fines arising from the Customer's breach of these laws, shall be the responsibility of the Customer.
Additionally, the Customer agrees that the Goods are packed in a manner that ensures they can withstand the typical risks associated with the Services, taking into account their nature and in full compliance with all applicable laws and regulations.
4.0 Force Majeure
Catch a Bus South will not be liable for delays, reduced, or unavailable Services caused by a Force Majeure Event and may adjust rates accordingly. A Force Majeure Event includes circumstances beyond Catch a Bus South's control such as natural disasters, acts of war or terrorism, civil unrest, epidemics, power or telecommunications failures, import/export restrictions, labour disputes, or actions by government agencies.
5.0 Hazardous Goods
The Customer warrants that, unless agreed otherwise in writing, none of the Goods for which Services are requested are Hazardous Goods. If the Customer tenders Hazardous Goods, they must provide a full description and supporting documentation in compliance with New Zealand laws and regulations. If any Goods are found to be Hazardous Goods, the Customer will indemnify Catch a Bus South against any loss, damage, or costs incurred as a result.
6.0 Exclusion of Items
Unless agreed in writing by Catch a Bus South, it will not accept or handle:
Noxious, dangerous, hazardous, inflammable, perishable goods, explosives, firearms, or any goods that may cause damage or are unlawful to carry;
Freight which is not properly packaged for the requested transit method.
Catch a Bus South will not accept bullion, cash, negotiable instruments, precious stones, jewellery, antiques, paintings, passports, or other valuables. The Customer warrants not to tender such items to Catch a Bus South
If the Customer delivers or requests Catch a Bus South to handle any restricted goods without prior written agreement, they will be liable for any resulting loss, damage, or penalties and shall indemnify Catch a Bus South against all related costs, claims, and fines.
8.0 Customer Warranties
The Customer warrants that:
The Goods are fully and accurately described, including weight, measurement, and nature, and will indemnify Catch a Bus South for any penalties, taxes, or claims arising from inaccuracies. Catch a Bus South may re-weigh or re-measure the Goods at the Customer's cost if discrepancies are found.
The Goods comply with all relevant legislation regarding transport and packaging.
The person delivering the Goods is authorized to enter into this contract and is either the owner or authorized agent of the Goods.
The Customer will not make any claims against entities other than Catch a Bus South regarding the Goods or Services.
The Goods are properly packed to withstand ordinary transit risks.
9.0 Catch a Bus South’s Rights
Catch a Bus South may refuse to provide Services at its discretion.
Catch a Bus South will try to follow the Customer's preferred transport method but may use another if necessary.
Catch a Bus South may deliver the Goods to the Customer's address or another specified address, with delivery considered complete upon receipt.
If delivery fails, Catch a Bus South may store the Goods at the Customer's risk, and the storage will be treated as delivery.
Catch a Bus South may inspect Goods if documents are lost or damaged.
Catch a Bus South may consolidate Goods or use Sub-Contractors for transport.
Catch a Bus South may lease or use any necessary transport equipment.
10.0 Costs of Services
The Customer agrees to pay all charges and costs associated with the Services, including:
Demurrage, customs duties, labour, or storage fees.
Catch a Bus Souths expenses to comply with laws and regulations.
Fees on overdue invoices at 10% per month overdue.
GST where applicable.
11.0 Insurance
The Customer is responsible for ensuring the Goods are fully insured during transport. Catch a Bus South will not provide insurance.
12.0 Contract and Commercial Law Act 2017
The terms and conditions in this contract supersede certain provisions of the Contract and Commercial Law Act, applying only to the extent they extend or modify Catch a Bus South’s rights.
13.0 Liability of Carrier
Catch a Bus South’s liability for Goods loss or damage is limited as per the Contract and Commercial Law Act, with exceptions for second-hand goods and glass, stored goods, and damages beyond loss or damage to Goods. In cases where liability exclusions are ineffective, Catch a Bus South’s liability is limited to NZ$100 or repair/replacement of the Goods.
14.0 Notification of Claims
Claims for damage or loss must be submitted to Catch a Bus South within 3 days of delivery or 14 days of dispatch for non-delivery. Claims must be pursued within 6 months.
15.0 Subcontractors
Catch a Bus South may use Sub-Contractors for any Services, and they are entitled to the same benefits under these terms.
16.0 Protection of Servants and Agents
The Customer agrees not to hold Catch a Bus South’s employees, agents, or Subcontractors liable for claims regarding the Goods and will indemnify them if claims are made.
17.0 Lien
Catch a Bus South has a lien on Goods for any money owed by the Customer. If unpaid for 14 days, Catch a Bus South may sell the Goods to recover costs.
18.0 Privacy Act 2020
Catch a Bus South will handle personal information per its privacy policy available on its website.
19.0 Consumer Guarantees Act 1993
The Consumer Guarantees Act does not apply if the Customer is in trade. In case of conflict, the Act will prevail.
20.0 Governing Law
This contract is governed by New Zealand law.
21.0 Indemnity
The Customer indemnifies Catch a Bus South against any losses or claims incurred by Catch a Bus South, its Subcontractors, or its agents.
22.0 Personal Property Securities Act 1999
The Customer grants Catch a Bus South a security interest in all Goods supplied and agrees to maintain the perfection of this interest. Catch a Bus South may take possession of and sell Goods to recover amounts owed.