1.Definitions

In these terms and conditions, unless the context otherwise requires:

​

“Act” means the Contract and Commercial Law Act 2017 (as amended from time to time), and in particular Part 5, Subpart 1 relating to the carriage of goods.

​

“Carrier” means Martinborough Transport Limited/Mid Canterbury Transport Limited and includes its employees, agents, contractors and any person to whom the contract of cartage is assigned under Clause 7.“Cartage” or “cartage services” means the carriage of goods or livestock by the Carrier, and includes any related services such as loading, unloading, temporary storage, or weighbridge services provided by the Carrier.

​

“Cartage Docket” means the document prepared by the Carrier (or one of the Carrier’s employees) under Clause 4(f) containing details of the goods or livestock loaded and their destination.

​

“Consignee” means the person to whom the goods or livestock are to be delivered under the contract of cartage, or that person’s agent.

​

“Consignor” means the person who delivers or causes the goods or livestock to be delivered to the Carrier for cartage, or that person’s agent, and includes any person who orders the cartage services.

​

“Goods” means any goods of any description (other than livestock) accepted by the Carrier for cartage and includes any packaging or containers.

​

“Limited Carrier’s Risk” has the meaning given to it in sections 248 and 256 to 260 of the Act.

​

“Livestock” means any live animal or animals accepted by the Carrier for cartage.

​

“Owner’s Risk” has the meaning given to it in the Act and may only apply where the formal requirements of section 250 of the Act have been fully met.

​

“Person in charge” has the meaning given to it in the Animal Welfare Act 1999, and includes a person who has an animal in that person’s possession or custody, or under that person’s care, control, or supervision.

​

“Tax Invoice” means a tax invoice issued by the Carrier in accordance with the Goods and Services Tax Act 1985.

​

2. Preliminary

These terms and conditions of cartage apply to every supply of cartage provided by Martinborough Transport Limited/Mid Canterbury Transport Limited (“the Carrier”) to the person who orders the services, as provided in Clause 4.

​

3. Applicable Law
All cartage provided by the Carrier and any additional services such as the storage of goods is governed by Part 5 of the Contract and Commercial Law Act 2017 (“the Act”) unless modified by these terms and conditions. In the event of any difference between the Act and these terms and conditions then the provisions of these Terms and Conditions shall apply, subject always to the mandatory provisions of the Act that cannot be contracted out of.

​

4. Commencement
(a) A contract for the carriage of goods or livestock, to which these terms will apply, commences when the cartage is ordered by or on behalf of either the Consignor or the Consignee.
(b) The contract referred to in the preceding clause comes into existence and is binding on the parties once the order for cartage is accepted by the Carrier, subject to the next clause.
(c) The Carrier is not bound to accept the order for cartage unless the Carrier has first identified who the Consignor and Consignee will be and therefore, who will be liable to pay the charges for cartage.
(d) The Consignor or the Consignor’s representative is responsible for giving the Carrier accurate information (including a reasonably accurate estimate of livestock weights) which will enable the safe and legal transport of the goods and/or livestock.
(e) The Carrier reserves the right to refuse carriage for any livestock (subject to Clause 9) or any goods or classes of goods (including, but not limited to: perishable goods, valuables and Dangerous Goods).
(f) For each contract for the carriage of goods or livestock, the Carrier (or one of the Carrier’s employees) will prepare a Cartage Docket which will contain details of the goods or livestock loaded and their destination. Each Cartage Docket must be signed by the Consignor and the Consignee (or their respective agents) when requested.

​

5. Charges for Cartage
(a) In the absence of any other instructions given to the Carrier and accepted by the Carrier under Clause 4(b) then the Consignee is deemed to be the party who is liable to pay the charges for cartage to the Carrier.
(b) The charges for cartage shall be agreed between the Carrier and the party identified as being responsible for paying the charges. In the absence of an agreement or in the event of any doubt, the Carrier may stipulate the amount to be charged. The Carrier may charge per head, or by weight, measurement or value.
(c) The Carrier reserves the right at any time to re-weigh or re-measure or re-value (or to require the Consignor/Consignee to do so) and charge any proportional increase as additional freight.
(d) Unless caused by the Carrier, the Carrier reserves the right to charge for any delay over 60 minutes in loading or unloading.
(e) This delay period begins when the Carrier arrives for loading or unloading.
(f) If the Consignee is not in attendance at the location for delivery during work hours when delivery is attempted, then an additional charge may be made by the Carrier for each call until delivery can be completed.

​

6. Payments to the Carrier
(a) Charges for cartage and any additional charges for other services, storage or weighbridge charges shall be paid to the Carrier, following dispatch of the Carrier’s Tax Invoice, by the 20th of the month following the date of the invoice.
(b) The Carrier’s invoices will include GST and may include other taxes, surcharges and charges payable by the Consignor or the Consignee as the case may be.
(c) The full amount of each invoice shall be paid without deduction.
(d) The Carrier reserves the right to charge interest on overdue accounts.
(e) All costs of collection of overdue accounts including solicitor/client fees may be charged to the account and thereafter shall become payable in full.

​

7. Assignment of Cartage
The Carrier reserves the right to assign the contract for cartage entered into under Clause 4 (or any part thereof) to another reputable carrier. The Carrier shall take reasonable steps to notify the Consignor and the Consignee if the right of assignment has been exercised but in all other respects the party liable to pay the Carrier remains liable to the Carrier.

​

8. Livestock Tallies
(a) When loading is completed, the Carrier or the Carrier’s employee shall provide the Consignor with a provisional tally and this will always be subject to re-count when unloading is completed.
(b) When unloading is completed, the Consignee or the Consignee’s agent shall re-count the livestock and if it conforms with the provisional tally, it shall be binding on the Consignor and the Consignee.
(c) If the unloaded tally is not in conformity with the provisional tally or if the Consignee is not present at the time of unloading, a further re-count is to be arranged between the Consignor and the Consignee and the result will be binding on the parties.
(d) Unless Clause 8(e) applies, the Carrier is not liable for any tally discrepancies and in particular, the Carrier is not bound by the provisional tally provided when loading is completed.
(e) The only circumstances when the Carrier is liable for a tally discrepancy is when livestock have escaped during cartage due to the Carrier’s negligence or negligence on the part of the Carrier’s employee(s).

​

9. Carrier’s Right to Refuse Cartage of Livestock and Animal Welfare Obligations
(a) The Consignor has the primary responsibility for ensuring that all livestock presented to the Carrier for cartage are fit for transport. This includes, but is not limited to, avoiding the cartage of livestock that are too tall, unruly, agitated, difficult to handle, sick, injured, lame, in late pregnancy, or otherwise in poor health or condition.
(b) Notwithstanding Clause 9(a) the Carrier has an overriding right to refuse to carry any livestock at any time due to the Carrier’s assessment that the livestock are not fit for transport. This assessment may differ from the Consignor’s view but the Carrier’s decision will be final and binding.
(c) The Carrier’s rights under Clause 9(b) shall extend to and include the right to reject any livestock that the Carrier believes will not be accepted by the receiver and in the case of an export meat processing facility, will not be accepted by any international or national inspectorate having the relevant jurisdiction.
(d) The Carrier’s rights under sub-clauses 9(b) and 9(c) include the right to unload livestock if they are found to be unfit for transport while in transit and prior to unloading at the destination.
(e) Once livestock are accepted for carriage and while they remain in or on the Carrier’s vehicle, the Carrier and its employees are “persons in charge” under the Animal Welfare Act 1999. The Carrier will take all reasonable steps to comply with the Animal Welfare Act 1999, the Animal Welfare (Care and Procedures) Regulations 2018, and the Code of Welfare: Transport within New Zealand (as amended from time to time) while livestock are in the Carrier’s charge.
(f) The Consignor shall indemnify the Carrier for the full amount of all losses, penalties, charges or fines imposed on the Carrier if livestock are later found by a competent authority to be unfit for transport, notwithstanding that the parties have used their best endeavours to avoid carting livestock which might be unfit for transport.
(g) The indemnity provided in Clause 9(f) extends to any situation where the Consignor and/or the Consignee has breached the requirements of Clause 4(d).
(h) Clause 9 is subject to the Carrier’s Liability provisions set out in Clause 10. Nothing in these terms and conditions limits or excludes the Carrier’s or any person’s criminal or regulatory liability under the Animal Welfare Act 1999 or related regulations and codes.

​

10. Liability of the Carrier
(a) Unless the Consignor and the Consignee have agreed in writing that cartage will be on the basis of Owner’s Risk (and the formal requirements of section 250 of the Act have been fully met, including the prescribed statement), all contracts of cartage between the Carrier and the Consignor or the Consignee (as the case may be) shall be on the basis of cartage at Limited Carrier’s Risk as defined in sections 248 and 256 to 260 of the Act.
(b) The Carrier will only be liable under Clause 10(a) if there is clear evidence of negligence or omission by the Carrier or by the Carrier’s employees which has caused the loss to the relevant party to the contract of cartage.
(c) For the avoidance of doubt, the Carrier will not be liable for the loss of any livestock which die or become seriously injured while in the care of the Carrier unless the death or injury can be clearly shown to have been caused by negligence or omission by the Carrier or the Carrier’s employees.
(d) The words “while in the care of the Carrier” in Clause 10(c) mean that the livestock are in or on the vehicle being used to carry the livestock.
(e) Clause 10 is subject to the provisions of Clauses 11 and 12.

​

11. Notification of Claims
(a) Subject to Clause 11(b) the Carrier will not be liable for any losses unless written notice of the claim is provided to the Carrier, together with a reasonable amount of details of the claim, within thirty (30) days of unloading.
(b) No action or court proceedings arising out of a contract of cartage involving the Carrier may be brought by any party more than twelve (12) months after the circumstances giving rise to the claim ought to have become reasonably evident to the Consignee or the Consignor, as the case may be.
(c) No claim can be made by a party who has not signed the Cartage Docket as required by Clause 4(f) when requested.
(d) To the extent permitted by the Act, sections 274 to 280 (inclusive) of the Act do not apply to these Terms.

​

12. Non Attendance at Time of Delivery
(a) If the Consignee or someone representing the Consignee is not in attendance at the estimated time of delivery of the goods or livestock, then they may be unloaded at the address given to the Carrier, provided this can be done safely and in a manner consistent with the Carrier’s animal welfare obligations under Clause 9.
(b) In that case, and notwithstanding the provisions of Clause 10, the Carrier will not be liable in any respect at all for any losses or damages which may have been sustained before, during or after unloading and this includes the Carrier not being liable in these circumstances for any tally discrepancies or shortages.

​

13. Risk
(a) All risk in the goods or livestock carted by the Carrier passes to the Consignee or to the person representing the Consignee at the point in time when the goods or livestock are no longer in or on the Carrier’s vehicle, at the address given to the Carrier.
(b) If no delivery address is given to the Carrier or if details of the delivery address are unclear, the Carrier shall use best endeavours to unload the goods or livestock at a safe place and if possible, the Consignee will be advised. Otherwise Clause 13(a) continues to apply.

​

14. Privacy Act 2020
The other party to the contract of cartage authorises the Carrier to collect, retain and use personal information about the Consignor and/or the Consignee for the purpose of assessing their creditworthiness, administering their orders, and any related purposes permitted under the Privacy Act 2020.

​

15. Force Majeure
The Carrier may terminate any contract for cartage where the carriage is interrupted or cannot be completed due to natural disaster, civil emergency, extreme weather conditions or any event outside the reasonable control of the Carrier. If termination occurs under this clause, the Carrier shall not be liable for any losses or damage suffered by or affecting the goods or livestock, provided that while livestock remain in the Carrier’s charge the Carrier will continue to take all reasonable steps required under Clause 9(e).

​

16. Variation
The Carrier may at any time and in its sole discretion vary these terms and conditions. Reasonable steps shall be taken by the Carrier to inform all other parties of the variation before it applies to new contracts. Existing contracts will continue under the terms in force at the time the contract was formed unless the parties agree otherwise in writing.