Terms & conditions

that is in the possession of Garuda Carriers for all sums outstanding

1.1.      “Garuda Carriers” shall mean Raut Enterprises Limited trading as Garuda Carriers, or any agents or employees thereof.

1.2.      “Customer” shall mean the Customer as described in the account application form, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Garuda Carriers.

1.3.      “Services” shall mean all goods, products, services and advice

provided by Garuda Carriers to the Customer and shall include without limitation the transport, cartage and bulk haulage of

customer’s goods throughout New Zealand and all charges for labor, hire charges, limited liability insurance, or any fee or charge associated with the supply of services by Garuda Carrier to the customer.

1.4.      “Price” shall mean the cost of the services as agreed between

Garuda Carrier and the Customer and includes all

disbursements e.g. charges Garuda Carriers pay to others on

Customer’s behalf subject to clause 4 of this contract.

2. ACCEPTANCE

2.1.      Garuda Carrier agrees to provide the Services to the Customer for the Price as agreed between the parties, which may vary from time to time.

2.2.      Any instructions received by Garuda Carriers from the customer for the supply of service shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3. COLLECTION AND USE OF INFORMATION

3.1.      The Customer authorizes Garuda Carriers to collect, retain

and use any information about the Customer, for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing and services provided by Garuda Carriers to any other party.

3.2.      The customer authorizes Garuda Carriers to disclose any information obtained to any person for the purposes set out in the clause 3.1.

3.3.      Where the customer is a natural person the authorities under the clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4. PRICE

4.1.      Where no Price is stated in writing or agreed to orally, or where the

Customer requests additional Services not originally agreed between

the Customer and Garuda Carriers, the Services shall be deemed to be supplied at the current amount as such services are supplied by Garuda Carriers at the time of the contract.

4.2.      The Price may be increased by the amount of any reasonable increase in the cost of supply of the services that is beyond the control of Garuda Carriers between the date of the contract and the delivery of the Services.

4.3.      Where an estimate is given by Garuda Carriers for Services

and where the time taken is longer and/or additional Services are required in addition to the estimate, the customer agrees to pay for

the additional cost.

4.4.      The price shall be exclusive of goods and services tax unless specifically stated to the contrary.

5. PAYMENT

5.1.      With respect to commercial customers payment for Services shall be

made in full on or before the 20th day of the month following the

date of the invoice (“the due date”).

5.2.      Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

5.3.      Any expenses, disbursements and legal costs incurred by Garuda Carriers in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.

5.4.      Receipt of a cheque, bill of exchange, or other negotiable instrument

shall not constitute payment until such negotiable instrument is paid in full.

5.5.      A deposit may be required for larger jobs and/or if payment history has not been established.

6. CREDIT LIMIT

6.1.      Garuda Carriers will set a credit limit and reserves the right to

change the credit limit at any time at is sole discretion.

7. GENERAL LIEN

7.1.      The Customer agrees that Garuda Carriers may exercise a

general lien against any goods or property belonging to the customer

under this contract and any other contract to which the customer and

Garuda Carriers are parties.

7.2.      If the lien is not satisfied within seven (7) days of the due date Garuda Carriers

may, having given notice of the lien at its option either:

7.2.1.     Remove such goods or property and store them in such a place and

in such a manner as Garuda Carriers shall think fit and proper and at the risk and expense of the customer; or

7.2.2.     Sell such goods or property or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.

8. DISPUTES

8.1.      No claim relating to Services will be considered unless made within seven

(7) days of delivery.

9. LIABILITY

9.1.      The Contract and Commercial Law Act 2017, the Consumer Guarantees Act

1993, the Fair-Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Garuda Carriers which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Garuda Carriers, Garuda Carriers liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimal extent required by the relevant statute.

9.2.      Except as otherwise provided by clause 9.1 Garuda Carriers shall not be liable for:

9.2.1.     Any loss or damage of any kind whatsoever, arising from the supply of Services by Garuda Carriers to the Customer, including damage to Customer’s goods or theft after delivery and consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from services provided by Garuda Carriers  to the Customer; and

9.2.2.     The Customer shall indemnify Garuda Carriers against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Garuda Carriers or otherwise, brought by any person in connection

with any matter, act, omission, or error by Garuda Carriers its agents or employees in connection with the services.

9.3.      If, contrary to the disclaimer of liability contained in these terms and conditions of trade Garuda Carriers is deemed to be liable to the Customer, following and arising from the supply of Services by it to the Customer, then it is agreed between Garuda Carriers and Customer that such liability limited in its aggregate to $500.00.

10. LIABILITY FOR DAMAGE AND LOSS

10.1.    For the purpose of determining liability for loss or damage to any goods which are the subject of any Services provided by Garuda Carriers, it is agreed that every contract of carriage shall be deemed to be “at limited carrier’s risk” as defined by the Contract and Commercial Law Act 2017.

10.2.    Subject to 10.1 above the Customer is responsible for keeping goods which

are the subject of any Services provided by Garuda Carriers, insured to their full value at all times. Any claim must be notified within seven (7)

days of delivery.

11. CONSUMER GUARANTEES ACT

11.1.    The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires Services from Garuda Carriers for the purpose of business or trade in terms of sections 2 and 43 of that Act.

12. MISCELLANEOUS

12.1.    Garuda Carriers shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

12.2.    Failure by Garuda Carriers to enforce any of the terms and conditions of this contract shall not be deemed to be a waiver of any of Garuda Carriers rights and obligations under this contract.

12.3.    If any provision of this contract shall be invalid, void or illegal or

unenforceable the validity existence, legality and enforceability of the

remaining provisions shall not be affected, prejudiced or impaired.

General Terms

1. All rates are quoted exclusive GST , from depot to depot.
2. Adhoc bookings are to be paid 24 hours in advance for booking to be finalized.
3. Any lost time due to factors out of Garuda Carrier’s control, will be charged at the relevant rate.
4. Costs quoted exclude installation, rubbish removal and disposal unless specified.
5. Claims of damage will not be entertained once the POD is signed confirming item has been delivered in good order.

Additional Conditions

1. Garuda Carriers does our best to get all appropriate information for a job, however if there are any obstacles, i.e. powerlines, trees or other hazards, it is the responsibly of the customer to inform us prior to the job commencing and ensure the site is in suitable condition.
2. Price is subject to change if the site addresses and job details are adjusted.  Site needs to be accessible for the requested truck/s.  If we are unable to get the truck onto the site a charge will still be applied for attempting the job.
3. Our estimates are based on the information/dimensions provided. All costs associated with unforeseen delays will be on charged.
4. Garuda Carriers shall not be held liable for damage to private property, footpaths, drains, driveways etc. should these conditions are not mentioned while booking.
5. Where the driver is required to leave the public road and if the vehicle gets stuck, the hirer is liable for all towage charges. Any resulting mud deposited on public or private roads will be the hirers responsibility for clearance.
6. Site inspections / visits can be requested; and additional charge may apply for this service.

Afterhours / Nightwork

1. Jobs commencing after 7pm and before 5am are subject to our night surcharge.
2. All Sunday work has a 3hr minimum charge.

Temporary Storage

1. If product is required to be off loaded and stored in our depot, storage charges will apply.
2. If we unload other carriers in our depot a charge for fork hoist or Hiab will apply.
3. Insurance cover on storage goods is the responsibility of the owner.

Cancellation

1. Minimum notice period to cancel or postpone a job is 4pm the day before scheduled work.
2. In the event of postponement or cancellation outside this notice period a minimum hire of 2hrs of the relevant truck rate will need to be charged.

1. All claims must be in writing no later than 7 days of delivery.
2. Unless otherwise agreed all goods are carried at Limited Liability Carriers Risk and liability is limited to $2000 per unit inclusive of GST.
3. Goods are transported at owners’ risk.
4. Where contents and conditions of contents are unknown, claims will be considered only where there are signs of outside damage.
5. Dangerous Goods will be carried only if the correct Dangerous Goods paperwork and packaging is in order.
6. There will be no responsibility for damage to private property, footpaths, drains, driveways etc. where driver is required to enter any private property.
7. Where the driver is required to leave the causeway resulting in the vehicle becoming stuck, the hirer is liable for all towage charges.
8.  Insurance cover on storage goods is the responsibility of the owner.
9. Goods stored may be disposed of to defray unpaid charges in the event of non-payment.
10. All goods in storage will not be released until storage charges have been paid in full.