Definitions
- "Act" refers to the Carriage of Goods Act 1979.
- "Contract" means these terms and conditions as updated periodically.
- "Non-Runner" signifies a vehicle that cannot be driven onto or off the transport using its own power, including vehicles with faulty braking systems.
- "Transport Rate" is the charge for the requested Transport Service.
- "Transport Service" encompasses any service provided by Classic Car Carriers for moving a vehicle by road, and additional services.
- "Vehicle" refers to a single or other items to which a Transport Service applies.
- "We," "our," or "us" denotes Classic Car Carriers and its affiliates, employees, agents, subcontractors, and actual carriers.
- "You" refers to the customer requesting the Transport Service, the vehicle owner, and any agent acting on their behalf.
Contract
- Terms used in this contract have the same meaning as defined in the Act.
- Where this contract diverges from the Act, this contract takes precedence to the extent possible.
- We are not bound by any changes to these conditions unless they are in writing and signed by classic car carriers.
- We reserve the right to refuse transport to any person or type of vehicle.
- You affirm that: (a) You are the owner or authorized agent of the vehicle. (b) The individual signing this contract is authorized to do so. (c) You accept this Contract on behalf of yourself and any other parties you represent.
Vehicle Condition
- You must ensure that both the exterior and interior of the vehicle are in an acceptable condition for transport.
- We may inspect the vehicle if we suspect it contains hazardous or illegal items. We reserve the right to refuse transport or remove any items as deemed necessary, with any associated costs, including disposal, being your responsibility.
Additional Charges
- We may charge for any failed pick-up, delivery, or delays exceeding 60 minutes from our arrival, provided these delays are not caused by us. A fee of $100 per hour will apply for such delays.
Claims for Damage
- Any damage or loss must be reported at the time of delivery. Claims made after delivery are likely to be rejected as the damage may have occurred afterward.
Investigation of Claims
- We must be given a reasonable opportunity to investigate any claims, which may include allowing third parties access to the vehicle.
Contract for Carriage
- This contract represents an agreement for carriage under the terms declared as per the Act.
Liability
- If we disclaim liability for damage or loss, you or your agent must sign a document stating that the vehicle is carried at the owner’s risk, meaning no compensation will be provided for loss or damage unless it is intentionally caused by us.
Maximum Liability
- If we are liable for damage or loss, our maximum payment amount is $1,739 + GST.
Exclusions of Liability
- We do not accept responsibility for: (a) Damage from leaking fluids, battery acids, or industrial fallout; (b) Damage from war, civil unrest, or natural events; (c) Hidden damage or damage undetectable at pick-up due to dirt or weather; (d) Mechanical, electrical, or alignment failures; (e) Loss or damage to non-factory audio or video equipment, including antennas; (f) Loss of personal or household items left in the vehicle; (g) Damage from debris or objects striking the vehicle; (h) Damage to non-runners; (i) damage to vehicles already damaged at pick-up; (j) Damage to vehicles with less than 150 mm ground clearance; (k) Damage from your or others’ actions or omissions, excluding our own.
Indirect or Consequential Loss
- We are not liable for any indirect or consequential losses related to any Transport Service, including delays in delivery.
Contributory Negligence
- If you contribute to the negligence, our liability will be limited accordingly.
Transport Charges
- Each Transport Service is charged at the applicable Transport Rate.You are responsible for any additional costs incurred.
Payment Terms
- The Transport Rate / deposit and any additional charges are due before the Transport Service begins for non-account holders
Rate Changes
- We may adjust Transport Rates or apply additional charges at any time without prior notice.
Quote Validity
- Written quotes are valid for 7 days from the date issued. Verbal quotes or estimates are not binding.
Additional Charges
- Any taxes, surcharges, or other fees imposed by authorities related to the transport service are payable by you in addition to the Transport Rate.
Delivery Timing
- Delivery timing is not guaranteed, but we will make reasonable efforts to meet any agreed delivery dates. We are not liable for delays.
Delivery Completion
- Delivery is deemed complete when the vehicle is left at the specified destination. Your signature is not required for delivery to be considered complete.
Payments and Debts
- Payments received may be applied to any outstanding debt. We are not bound by any conditions you attach to payments.
Late Payment
- Interest of 2.5% per month, compounded, will be charged on overdue amounts from the due date until full payment is received.
Default in Payment
- If you default, we may: (a) Retain possession of your vehicle as security; (b) Demand immediate payment of all amounts owed; (c) Charge for collection costs; (d) Withhold delivery of your vehicle without notice; (e) Require advance payment for future services.
Assignment of Debt
- We may assign any debt owed to us to another party at any time.
Cancellation Notice
- Cancellation notices must be provided in writing 24 hours before the scheduled pick-up.
Refunds
- Accepted cancellations may receive a refund for unperformed Transport Services, minus any costs incurred.
Governing Law
- This contract is governed by New Zealand law.
Please Note:
· This is a limited liability contract its classic car carriers advise to carry your own insurance.