Service terms - Courier Services
Please note these terms are changing on 1 December 2018
You have asked for, and we have agreed to provide, courier services from Express Couriers Limited (“Services”). These Service Terms, and the current version of our General Terms, together form the agreement with you to provide the Services. Please read both sets of terms carefully. The current version of the Service Terms applies whenever you use the Services. If the Service Terms are not consistent with the General Terms, the Service Terms have precedence for these Services.
By starting to use the Services, you are deemed to have accepted the General Terms and these Service Terms. No amendments proposed by you apply, unless different terms are specifically agreed with you in writing by one of our General Managers.
Service terms and specifications
- The Services and their specifications are set out on our websites (www.courierpost.co.nz, www.pace.co.nz, www.contractlogistics.co.nz, www.expresscouriers.co.nz). The Carriage of Goods provisions of the Contract and Commercial Law Act 2017 (Subpart 1 of Part 5) applies to our services, unless we specifically say otherwise in these Service Terms. If we agree to provide other services to you under these Service Terms, we will provide to you the relevant Service Schedule for those Services.
For the Services, “delivery” has a specific meaning which you need to be aware of – your item has been delivered when it is:
- Delivered to the stated delivery address, unless we agreed to obtain a signature (in which case, delivery occurs when we have collected a signature, unless we have been given authority by a person at that address to leave signature-required items without collecting a signature);
- Delivered to the address directed by the recipient using our Card to Call service, or by a person with authority to use Card to Call on behalf of the recipient;
- Collected by the recipient or other authorised person; or
- Returned to you because we could not deliver it to the recipient for any reason.
- To complete delivery, you agree that we can rely on the instructions of the recipient or other person at the delivery address, unless we have specifically agreed otherwise with you.
- We may open and inspect any item, or refuse to accept any item for delivery, if we reasonably believe that it does not comply with our agreement with you.
- Our prices for the Services are based on our standard rates current at the time you pay (when using prepaid tickets) or when you lodge your item for delivery. You may be offered different rates for some or all of the Services. Your pricing schedule specifies any different rates that apply to the Services you use. If you have a current pricing schedule which specifies a lower rate for a Service, that rate will apply until the pricing schedule expires or a new pricing schedule is issued. If your pricing schedule does not specify a different rate, you must pay the standard rate for that Service.
- We can only apply your rates from the client account codes (sometimes called “TPIDs”) linked to your pricing schedule. Please notify us if you open a new TPID, so we can link it to the correct pricing schedule. Any rates applicable to your account are based on the information you have supplied to us regarding your own courier requirements. Changes to that information, or reselling or redistributing our Services to other parties, if not agreed in writing with us, may result in changes to your rates.
- If we re-weigh or re-measure your item, we may charge any higher applicable cost (including an administration fee) to your account. Our decision as to weight or measurement is final.
- Any change in rates will normally be effective from 1 July in that year, but we may change your rates and discount(s) at any time on 30 days’ notice. The Variable Fuel Rate is reviewed monthly, as explained on our website. As noted in clause 11 of the General Terms, if you don't want to pay the new prices, you can stop using our services from the date the new prices apply.
Our liability to you
- Our Services are provided “at limited carriers’ risk”. We limit our liability to you to a maximum of $2,000 (including GST) for direct loss of, or damage to, each unit of goods. You may be able to purchase additional compensation cover for your goods.
- We are not in a position to know what is in any item given to us for delivery, and we will not be deemed to be aware of the contents. You are not released from your obligation to check the goods comply with our Service specification, just because we have accepted them for delivery.
- We have no liability to you for delay in the delivery of any item. Our delivery targets are a guide only – although we will endeavour to ensure that your item arrives within our delivery targets, we do not guarantee delivery within these targets.
- We will not pay compensation for any other direct or indirect loss or damage caused to you or your items, even if caused by an intentional act or negligence of our employees, unless we are required to by law.
- We are not liable to pay compensation for any loss or damage to an item, if the loss or damage occurred after delivery, or was caused by fraudulent or unauthorised use of our Card to Call or Card to Collect services.
You must claim any compensation following the process set out on our website at “Make a Claim”, including making your claim within the required time limit, being:
- 7 days after delivery, for damaged or missing contents;
- 21 days after sending, for the total loss (non-delivery) of an item.
If you intend to make a claim in court against us, that claim must be made in a New Zealand court and made within six months after you gave us the item for delivery. The following sections of Subpart 1 of Part 5 of the Contract and Commercial Law Act 2017 do not apply to the Services:
- claims of damage or partial loss under s 274;
- limitation of actions under s 278;
- actions by the consignee where they are not a contracting party under s 281;
- carrier's rights of storage and disposal of unclaimed or rejected goods under s 289; and
- carrier's rights to dispose of perishable goods under s 290.
Your responsibilities to us
You must make sure that:
- all items given to us for delivery are correctly addressed to addresses within our New Zealand delivery network, and show the correct postage for the service used;
- you follow all instructions about using our services in the services specifications. In particular, you must not give us any item for delivery that is inadequately packaged, or is illegal or capable (as packed) of causing personal injury or property damage;
- you do not give us any item for delivery that contains any Prohibited, Valuable, or Perishable item, or Dangerous Goods.
- See our website for common Valuable, Perishable and Prohibited items and Dangerous Goods. These include currency, credit or gift cards, perfume, aerosols and aftershave; fragile items, chocolate, precious metals, lithium batteries, and firearms.
We can stop services
- If we terminate Services to you in accordance with the General Terms or under clause 19 below, we will still deliver any of your complying items already in our network.
- If we reasonably believe you are using a Service for unlawful purposes, we may terminate that Service immediately, by notice to you. Complying items already in our network will still be delivered.
Download a PDF copy of these Service Terms (PDF - 214KB)
Last updated: 10 September 2018