1. Application of Terms

1.1 These Terms apply to your use of the Transport Service (as that term is defined below). By clicking “I have read and accept the Terms and Conditions” on the check-box to our instant quote and clicking to proceed to checkout:

(A) you agree to these Terms; and

(B) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

2. Changes

2.1 Subject to clause 2.3:

(a) we may change these Terms at any time by notifying you of the change by posting a notice on our website; and

(b) unless stated otherwise, any change takes effect from the date set out in the notice.

2.2 You are responsible for ensuring you are familiar with the latest Terms.

2.3 We will not change these Terms as between you and us if a change to these Terms is detrimental to you and these Terms are in effect for Transport Services which we have yet delivered in full, other than by written agreement between you and us.

2.4 These Terms were last updated on 5 December 2024.

3. Definitions

3.1 In these Terms the following initially capitalised terms shall have the meanings specified:

Act means Part 5 Subpart 1 of the Contract and Commercial Law Act 2017.

CGA means the Consumer Guarantees Act 1993.

Contract means these Terms and the Quote.

Dangerous Goods means any explosive, flammable gas, flammable liquid or flammable solid, compressed gas, water-reactive organic peroxide, poison, irritant, bio-medical infectious substance, radioactive substance, corrosive, drugs, magnetised materials or any other noxious, dangerous, hazardous or restricted goods or any goods likely to cause injury or damage.

Force Majeure means a circumstance beyond our reasonable control which results in us being unable to observe or perform on time an obligation under any Contract including, without limitation, delays due to breakdown or adverse weather, embargoes, strikes or other industrial action, acts of war, terrorism, riots, civil commotion, malicious damage, sabotage, revolution, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster.

FTA means the Fair Trading Act 1986.
Hazardous Substances Act means the Hazardous Substances and New Organisms Act 1996.

Non-runner means the Vehicle cannot be driven on or off the transport under its own power. This includes a Vehicle with a defective braking system.

Quote means any written quote for Transport Services provided to you by or on behalf of us, but excludes any terms set out in the Notes section of the Quote.

Terms means these terms and conditions.

Transport Rate means the rate including charges for the requested Transport Service set out in the Quote.

Transport Service means any service provided by us to you for the carriage of a Vehicle by road, sea or rail and includes storage and any other service provided by us.

Vehicle means single or multiple motor vehicles, machinery or other items, to which a Transport Service applies.

We, our or us means Carr & Haslam Limited and any of its related companies as that term is defined in section 2(3) of the Companies Act 1993 (read as if the expression “company” in that subsection included any body corporate wherever incorporated).

You means the customer who is requesting the Transport Service and includes the shipper, consignor, consignee, receiver, owner or bailor of the Vehicle and any agent of yours.

3.2 All terms used in the Contract shall have the same meaning as set out in the Act (unless expressly stated otherwise).

3.3 Where the Contract differs from the Act then in so far as the parties can, the Contract overrides the provisions of the Act.

4. Order process

4.1 On your acceptance of the Terms and payment of the Transport Rate for Transport Services via our website, the Contract is binding on both you and us. Other than as expressly set out in these Terms, you are not permitted to cancel or otherwise terminate the Contract. However, we may terminate the Contract for any reason within 5 working days of your payment of the Transport Rate on written notice to you. We will, as soon as reasonably practicable after providing such notice, refund you in full.

5. Carriage

5.1 You acknowledge that this is a contract for carriage on declared terms per the Act.

5.2 We reserve the right to refuse carriage for any person or for any class of Vehicle.

5.3 We may carry or on-forward a Vehicle or have the Vehicle carried by any method or any person whom we deem fit and notwithstanding any instructions that the Vehicle is to be carried or on-forwarded by another method.

5.4 You confirm that:

(a) you are either the owner or the authorised agent of the owner of the Vehicle that is the subject of the Contract;

(b) the person accepting the Contract has authority to do so; and

(c) you accept the Contract for you as well as for all other persons on whose behalf you are acting.

5.5 It is your responsibility to ensure that both the exterior and interior of the Vehicle is in a suitable state for transport.

5.6 You agree that we may search the Vehicle if we believe that the Vehicle may contain hazardous or Dangerous Goods, or may not comply with any other law. At our discretion, we may refuse to transport the Vehicle or remove any item from the Vehicle. Any costs incurred in doing this including disposal and storage is to be paid for by you.

5.7 We may charge you for any failed pick-up or delivery or delay of more than 30 minutes in loading or unloading from our arrival on site providing this is not due to our fault. The hourly rate of $200 + GST will be charged for delay time.

5.8 Any claim for loss or damage to a Vehicle must be noted at the time of delivery by you on the delivery docket. You accept that any claim given to us after delivery has occurred is likely to be declined by us as it could have occurred after we delivered the Vehicle.

5.9 We must be given a reasonable opportunity to investigate any claim you make. This may include you allowing a third party access to your Vehicle. You must fully cooperate with any investigation we make under this clause.

6. Liability

6.1 We will provide the Transport Services at “Limited Carrier’s Risk” for the purposes of the Act, unless you and we have otherwise agreed in writing that the Transport Services will be provided at “Owner’s Risk”.

6.2 Subject to clauses 6.1, 6.3 and 6.4, where the Transport Services are provided at “Limited Carrier’s Risk”, our maximum aggregate liability is limited to the lesser of $2,000 for each unit of goods (as that term is defined in the Act) or the amount of the actual loss or damage suffered by you. Where the Transport Services are provided at “Owner’s Risk”, we shall have no liability to you whatsoever.

6.3 We do not accept any responsibility, claim or liability for the following items:

(a) Damage caused by leaking fluids, battery acids, cooling system and anti-freeze solution, industrial fallout;

(b) Damage caused by acts of war, civil unrest or God;

(c) Hidden damage or damage that is undetectable at time of pickup due to Vehicles dirty condition, or weather-related condition;

(d) Damage or failure of Vehicle mechanical, electrical, alignment, suspension, exhaust system, muffler, or tail pipes;

(e) Damage or loss to audio or video equipment not installed at the factory, including antenna that does not retract to within 10 cm of the Vehicle’s body;

(f) Damage or loss of personal or household items left in a Vehicle;

(g) Damage caused by fluids or objects flying up from the roadway, or out of the sky e.g. broken windscreens;

(h) Damage to a Vehicle that is a Non-runner;

(i) Damage to a Vehicle that is a caravan;

(j) Damage of any sort to a Vehicle that has been picked up in an existing state of damage;

(k) Damage to the underside of a Vehicle that has less than 150 millimetres ground clearance; or

(l) Damage arising from your own or any other person’s actions or omissions excluding our own actions.

6.4 We are not liable for any form of indirect or consequential loss or damage, loss of market, profits or opportunity however caused or arising, including whether arising out of or in respect of any Transport Service. Any liability of the kinds specified in section 259(3)(c) of the Act is expressly excluded whether in respect of the carriage of goods or otherwise. This includes liability from delay in delivery of a Vehicle for any reason.

6.5 Where there is contributory negligence on your part, then our liability shall be limited to an amount that excludes the contributing negligence

6.6 You shall be liable for any loss or damage to any equipment or property belonging to us where such loss or damage is caused directly or indirectly by your act or omission.

6.7 You shall indemnify us against all claims, proceedings, losses, costs (including legal costs on a solicitor-client basis and enforcement costs), expenses, penalties, fines, damages or other liability whatsoever suffered or incurred by us arising out of, or in connection with, your failure to perform your obligations under the Contract.

6.8 Subject to clause 6.9, our obligations to you end on completion of the carriage in accordance with section 258 of the Act.

6.9 Unless the CGA applies (in which case the provisions of the CGA will take priority over this clause 6.9, we shall have no liability to you unless:

(a) written notice of any claim, giving full particulars of any alleged loss or damage, is received by us within 36 hours after completion of the carriage subject to the claim; and

(b) an action has been commenced by you in a court of competent jurisdiction within 6 months from the date of despatch of the Vehicles.

6.10 You agree that any servant or agent of ours has no liability whatsoever in connection with the Vehicles. If you make a claim or an allegation that a servant or agent of ours intentionally lost or damaged Vehicles, you will indemnify us against all consequences thereof.

6.11 The insurance of any Vehicles carried by us is your responsibility.

7. Delays

7.1 Time of delivery shall not be of essence for any Transport Service, but we will make all reasonable efforts to meet any date for delivery agreed with you or otherwise to deliver the Vehicle within a reasonable time. In no event shall we incur any liability due to any failure to deliver a Vehicle by an agreed date.

7.2 Delivery of a Vehicle is deemed to occur at the time the Vehicle is left by us at the requested destination by you. Your signature at delivery is not required for delivery to occur.

7.3 If for any reason a Vehicle is unable to be delivered to the destination address (other than due to our fault) or a Vehicle is not collected from us as agreed, then:

(a) After 24 hours from delivery we are deemed to be your agent and may store the Vehicle on your behalf, at your risk and expense; and

(b) After 30 days from the delivery date we may deem the Vehicle unclaimed and sell the Vehicle. The proceeds of the Vehicle sale will be used to settle:

(i) the expenses of selling the Vehicle;

(ii) any amounts you owe us for Transport Services, storage, interest and any other costs including administration; and

(iii) any surplus from the Vehicle sale will be held until you request reimbursement.

8. Rates and charges

8.1 Each Transport Service is performed at the applicable Transport Rate, current at the time of carriage plus GST. If we incur any additional costs in handling a Vehicle, then you are liable to pay those additional costs on demand.

8.2 The Transport Rate and any additional tax or costs (including any third party payment processor, credit card or similar fee) must be paid to us in full via one of the methods available to you on the check-out page prior to commencement of the Transport Service.

8.3 Any Quote provided in writing to you is valid for 7 days from the date of the Quote. Verbal quotes or estimates by us are not binding on us.

8.4 Any tax (including GST) or fuel or other surcharge, which is not provided for or stated in a Transport Rate, and which is imposed by a government or by any regional or other authority, in respect of or incidental to carriage of a Vehicle or the provision of any Transport Service, is due and payable in addition to the Transport Rate by you.

8.5 We may apply any payments we receive from you towards any indebtedness you have with us. We are not bound by any conditions or qualifications you make in relation to payments to us.

8.6 Where payment is not made by the due date then interest will be charged at the rate of 2.5% per month compounding from the due date until payment of the overdue amount including interest has been received by us.

9. Dangerous Goods

9.1 You must not tender any Dangerous Goods for carriage without presenting to us a full description of such Dangerous Goods, including details of the quantity and class of such Dangerous Goods. Upon presenting us with a full description of the Dangerous Goods we, in our sole discretion, may refuse to provide the Transport Services for such goods.

9.2 To the extent that we agree in writing to transport any Dangerous Goods, all Dangerous Goods must be separately and safely packaged by you prior to commencement of the Transport Services in a container which complies with the Hazardous Substances Act and is also constructed as to withstand severe impact. All Dangerous Goods must be clearly and distinctly labelled as such by you. Such label must carry descriptions appropriate to the goods therein and be in accordance with the Hazardous Substances Act. Any fees, penalties or fines imposed upon us for the carriage or storage of Dangerous Goods for any breach or infringement of the law relating to the storage, labelling or carriage of Dangerous Goods shall be refunded to us by you unless the breach was caused solely by our default or neglect.

9.3 You expressly agree and accept that where we have agreed to the carriage of Dangerous Goods the delivery timeframes are not guaranteed because any carriage of such Dangerous Goods is subject to compliance with legal compatibility requirements, which may result in your Dangerous Goods being separated and carried at different times.

10. Risk and title

10.1 Risk in all Vehicles shall pass to us on accepting the Vehicle for transportation. The Vehicle’s title shall at all times remain with you, subject to these Terms.

10.2 We are entitled at any time to assign to any other person, all or part of any debt owing by you to us.

11. Consumer Guarantees Act 1993 and Fair Trading Act 1986

11.1 Where the provisions of the CGA applies the Contract will be read subject to the application of the CGA, and in the case of any conflict, the provisions of the CGA will apply. Where you are in trade (within the meaning of the CGA and the FTA), you agree:

(a) the provisions of the CGA do not apply;

(b) sections 9, 12A, 13, and 14(1) of the FTA do not apply;

(c) contracting out of the above statutory provisions is fair and reasonable;

(d) you have had a sufficient opportunity to review the Contract and take independent advice in relation to it;

(e) you understand the Contract; and

(f) the Contract is not unfair or unreasonable and protects our legitimate interests.

12. Cancellations

12.1 You may request to terminate a Contract in writing to us 48 hours before the pick-up date. We have sole discretion to accept or reject a termination request under this clause.

12.2 Where a cancellation notice has been accepted under clause 12.1 then you may request a refund for the Transport Services not performed less any costs incurred by us including an administration fee of $20 + GST.

12.3 We may suspend or terminate a Contract, and the payment of all amounts owing by you to us under that Contract shall immediately become due and payable, if you:

(a) are in breach of any term of any Contract;

(b) become unable to pay your debts as they fall due or cease or threaten to cease conducting your business in the normal manner;

(c) enter into, or attempt to enter into, any composition, assignment or other arrangement with, or for the benefit of, your creditors;

(d) become, threaten or resolve to become, or are in jeopardy of becoming insolvent;

(e) being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving; or

(f) being a natural person, die.

12.4 We shall not be liable for any delay or failure to perform any obligation in whole or in part under any Contract or for any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to Force Majeure.

12.5 If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

12.6 The Contract is governed by and construed in accordance with New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to the Contract, its performance or subject matter.

12.7 You cannot assign or otherwise transfer the benefit of or obligations under the Contract without our prior written consent.

12.8 The provisions of the Contract constitute the entire arrangement between the parties with respect to its subject matter and supersede all previous agreements and arrangements, whether verbal or written, between the parties with respect to that subject matter. Despite this, should any standard order terms imposed by you be found to form part of an agreement between you and us, then the terms of the Contract shall prevail.