Terms and conditions

Interpretation
• "the Act" refers to the Carriage of Goods Act 1979 and includes any current or future amendments.
• “We”, “our” and "us" refers to Strait Shipping Limited and to its subsidiaries, servants, employees, agents, contractors, sub-contractors and actual carriers.
• “you” and “your” refers to the Consignor, Consignee, Freight Payer, Sender and Receiver and to their employees, agents and all other persons having an interest in the Freight which is listed on any consignment note.
• “at limited carrier’s risk” is as defined in the Act and currently specifies that our liability is limited to $1,500.00 GST inclusive for each unit of goods lost or damaged. We have given the value of limited carrier’s liability for information purposes only as this value could be amended by statute at any time.
• “at owner’s risk” is as defined in Section 8 of the Act. This is where the goods listed on any consignment note are carried at owner’s risk, which means that we will pay no compensation if the goods are lost or damaged, unless intentionally lost or damaged by us.
• “freight” refers to “goods” as defined in Section 2 of the Act
• “unit of goods” or “unit” is as defined in Section 3 of the Act and for the purposes of this contract means one parcel or package; one contained load of goods; one pallet load of goods; one cubic metre of goods and one tonne of goods and refers to how you have presented the freight to us for carriage.
• This contract shall be “at limited carrier’s risk” pursuant to the Act unless specified otherwise under the Act.
• We reserve the right to refuse carriage for any person, or any type or class of goods.
Condition of Goods
• You warrant and undertake in all respect that the freight is fit to be carried and stored in compliance with and in accord with all Acts, Regulations, Orders in Council, By-Laws, Standards and all other legal requirements.
 
Rates, GST and Fuel Surcharges
• Our rates do not include GST or any fuel surcharge, unless specifically stated otherwise. Where GST is payable on the services provided for you, it will be charged to and be payable by you in addition to the rates specified. We reserve the right to assess a fuel surcharge at our discretion, without notice and you agree to pay all surcharges as we determine.
Weight and Measurement of Freight 
• We may check the weight and measurement of your freight at any time and alter any consignment note accordingly.
• All packaging, pallets and other such items in which freight is packed or stored are deemed to form part of the freight for the purposes of assessing the weight and measurement of the freight and calculating the charges payable by you.
Dangerous Goods and Hazardous Freight
• Dangerous goods and hazardous freight are carried subject to you supplying us with any declaration and other documentation required by us or by law in relation to dangerous goods or hazardous freight. Dangerous Goods and Hazardous Freight must be packed, labeled and loaded in accordance with all laws and regulations applicable to the carriage of dangerous goods and hazardous freight, and in accordance with any guidelines or code of practice specified by us.
• You agree and accept that where we have agreed to the carriage of your dangerous goods and hazardous freight that delivery timeframes are not guaranteed because any carriage of such dangerous goods or hazardous freight is subject to compliance with legal compatibility requirements, which may result in your freight and goods being separated and carried at different times.

 Interpretation

• "the Act" refers to the Carriage of Goods Act 1979 and includes any current or future amendments.

• “We”, “our” and "us" refers to Strait Shipping Limited and to its subsidiaries, servants, employees, agents, contractors, sub-contractors and actual carriers.

• “you” and “your” refers to the Consignor, Consignee, Freight Payer, Sender and Receiver and to their employees, agents and all other persons having an interest in the Freight which is listed on any consignment note.

• “at limited carrier’s risk” is as defined in the Act and currently specifies that our liability is limited to $1,500.00 GST inclusive for each unit of goods lost or damaged. We have given the value of limited carrier’s liability for information purposes only as this value could be amended by statute at any time.

• “at owner’s risk” is as defined in Section 8 of the Act. This is where the goods listed on any consignment note are carried at owner’s risk, which means that we will pay no compensation if the goods are lost or damaged, unless intentionally lost or damaged by us.

• “freight” refers to “goods” as defined in Section 2 of the Act.

• “unit of goods” or “unit” is as defined in Section 3 of the Act and for the purposes of this contract means one parcel or package; one contained load of goods; one pallet load of goods; one cubic metre of goods and one tonne of goods and refers to how you have presented the freight to us for carriage.

• This contract shall be “at limited carrier’s risk” pursuant to the Act unless specified otherwise under the Act.

• We reserve the right to refuse carriage for any person, or any type or class of goods.


 Condition of Goods

• You warrant and undertake in all respect that the freight is fit to be carried and stored in compliance with and in accord with all Acts, Regulations, Orders in Council, By-Laws, Standards and all other legal requirements.


 Rates, GST and Fuel Surcharges

• Our rates do not include GST or any fuel surcharge, unless specifically stated otherwise. Where GST is payable on the services provided for you, it will be charged to and be payable by you in addition to the rates specified. We reserve the right to assess a fuel surcharge at our discretion, without notice and you agree to pay all surcharges as we determine. 


 Weight and Measurement of Freight

• We may check the weight and measurement of your freight at any time and alter any consignment note accordingly.

• All packaging, pallets and other such items in which freight is packed or stored are deemed to form part of the freight for the purposes of assessing the weight and measurement of the freight and calculating the charges payable by you.


 Dangerous Goods and Hazardous Freight

• Dangerous goods and hazardous freight are carried subject to you supplying us with any declaration and other documentation required by us or by law in relation to dangerous goods or hazardous freight. Dangerous Goods and Hazardous Freight must be packed, labeled and loaded in accordance with all laws and regulations applicable to the carriage of dangerous goods and hazardous freight, and in accordance with any guidelines or code of practice specified by us.

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


 Notice of Claim for Loss or Damage

• No claim or action shall be brought against us for the loss or damage of your freight unless we have received written notice from you giving relevant documentation and full particulars of the alleged loss or damage within 30 days from the date of completion of carriage of the freight, which is when our responsibility for the goods ceases as defined in Section 9 (3) of the Act.


 Storage

• From the date on which our responsibility for the goods ceases as defined in Section 9 (3) of the Act, we may hold all goods not picked up by you, and/or all undelivered goods; and we shall be entitled to:

- charge storage fees at our normal storage rates at your expense and risk, and/or

- sell, destroy or otherwise dispose of the goods, where in our opinion the goods appear to be deteriorating and are likely to become offensive, or entering into a dangerous state; and you will be held liable for the full expense of such sale, destruction or disposal; and/or

- return the goods to you at your own expense and risk, and we shall not be under any liability for any loss or damage to the goods however they may be caused.


 Temperature Controlled Freight

• If you require Freight to be kept at a constant temperature or within a range of temperatures throughout its carriage you must notify us in writing prior to the time we accept the freight for carriage. We will not be liable for damage to or loss of the freight if you fail to do so.

• We reserve the right to check the temperature of freight by probe-testing or other such means as we determine appropriate.


 Alcohol and Firearms

Only alcohol purchased on board may be consumed on the ship.

Firearms must be declared when checking in and must be rendered inoperable whilst on the vessel. Firearms must be locked securely in the passenger's vehicle or checked in.


 Carriers Liability

Strait Shipping's liability is capped in respect of each item of property valued at $1500.00 or such other amount as specified under the Carriage of Goods Act 1979. Strait Shipping is not liable for any loss of profits, indirect or consequential loss or damage. Strait Shipping's liability for loss or damage to property may be further limited if you fail to take steps to eliminate the risk of loss, damage or theft of your property. All claims for loss or damage must be received by Strait Shipping within 30 days of the sailing in accordance with Section 18 of the Carriage of Goods Act 1979. We advise all passengers to insure vehicles, luggage and personal belongings. All hand baggage is carried at owner’s risk.


 General Lien

• We shall be entitled to a general lien over all freight you present to us for carriage in respect of all unpaid monies and this lien will continue until you have paid all monies owing to us. The provisions of Sections 23 (3) to (8) inclusive, Section 24, Section 25 and Section 26 of the Carriage of Goods Act 1979 shall apply in respect of such lien as if it were a statutory lien arising pursuant to section 23 (1) of the said Act.


 Governing Law

• The laws of New Zealand shall govern this contract.


 General

• All services provided by Strait Shipping Limited are provided in accordance with the our published Terms and Conditions for the carriage of goods, passengers or services provided which you acknowledge have been read and understood. You acknowledge that we can change these terms and conditions at our discretion.

• Your account must be paid to us within your agreed credit conditions.

• Any expenses incurred in debt collection will be passed on to you.

• Any overdue payment may incur interest at the same rate charged on our current account with our bankers from the date that payment was overdue until payment is received.

• You must examine each invoice and advise us within 30 days of the date of such invoice any alleged error(s). After such period the invoice is deemed correct and conclusive.

• You agree that if there is a change in the cost to us which is due to any factor beyond its control (examples include but are not limited to; increase in price of fuel, labour or other overheads, tax, duty) then we shall be entitled to increase freight rates payable by giving notice in writing to you. 

• We are entitled to obtain information from any source relevant to this application and that you authorise us to do so.

• You acknowledge that failure to comply with any of the above conditions or the published Terms and Conditions may result in closure of the account and refusal of carriage on any Company Vessels.