PINPOINT 2023 LIMITED
Transport & Logistics – Terms and Conditions of Trade
1. DEFINITIONS
Company means Pinpoint 2023 Limited.
Client means any person, business, or entity requesting Services.
CCLA means the Contract and Commercial Law Act 2017.
Services means transport, delivery, logistics, and freight handling.
Goods means cargo or items transported.
Guarantor means the person signing in their personal capacity as surety for the Client.
2. ACCEPTANCE & SCOPE
2.1 Engaging the Company constitutes acceptance of these Terms.
2.2 The Company provides freight transport and logistics (primarily in Canterbury). We may subcontract services where necessary.
3. CARRIAGE OF GOODS (CCLA 2017) & LIABILITY
3.1 Contract Type: All Goods are carried at Limited Carrier's Risk as defined in the CCLA.
3.2 Liability Cap: The Company’s liability for loss or damage to Goods is limited to the statutory maximum under the CCLA (currently $2,000 per unit) or the cost of the transport service, whichever is lower.
3.3 Exclusions: The Company is not liable for loss of profit, business interruption, or consequential loss. Liability is excluded for goods inherently fragile or improperly packed by the Client.
3.4 CGA: Where the Client acquires Services for business purposes, the Consumer Guarantees Act 1993 shall not apply.
4. CHARGES & PAYMENT
4.1 Minimum Charge: A minimum charge of $190 + GST per hour applies. Charges are calculated from vehicle departure until completion.
4.2 Fuel Surcharge: The Company reserves the right to apply a fuel surcharge for services outside a 50km radius of Central Christchurch.
4.3 Waiting Time: Where delays exceed 15 minutes, waiting time may be charged at the hourly rate.
4.4 Terms: Payment is due 7 days from invoice or 20th of the month following (as agreed). Overdue accounts incur interest at 2% per month.
4.5 Recovery: The Client is liable for all debt recovery costs, including legal fees (on a solicitor-client basis) and collection agency charges.
5. CLIENT RESPONSIBILITIES & SAFETY
5.1 The Client must ensure Goods are properly packaged, secured, and accurately declared.
5.2 Dangerous Goods: Must be disclosed. The Company may refuse transport and the Client is liable for all damages resulting from non-declaration. 5.3 Safety: Drivers have absolute discretion to refuse work in unsafe conditions (aggressive behavior, unstable loads, or restricted access). Full charges apply if delivery fails due to safety.
6. SITE ACCESS & DAMAGE
6.1 Non-Standard Delivery: Includes hazardous sites, construction areas, or multi-level buildings. Additional labor or equipment charges will apply.
6.2 Surface Damage: The Company is not liable for damage to driveways, paving, underground services, landscaping, or structures where access was requested or approved by the Client.
6.3 Animals: All animals must be contained during site access.
7. PPSR & LIEN
7.1 The Client grants the Company a security interest in all Goods transported to secure payment. The Company may register this on the PPSR.
7.2 General Lien: The Company has a particular and general lien over all Goods in its possession for all sums due from the Client.
8. PRIVACY & CREDIT REPORTING
8.1 The Client and Guarantor authorize the Company to collect and use personal information for providing Services, debt collection, and assessing creditworthiness via credit reporting agencies. 8.2 Information is handled in accordance with the Privacy Act 2020.
9. PERSONAL GUARANTEE
9.1 The Guarantor(s) personally and unconditionally guarantee the punctual payment of all monies and performance of all obligations by the Client. This is a continuing guarantee.
10. CANCELLATION & FORCE MAJEURE
10.1 Cancellation after dispatch may incur full call-out fees.
10.2 The Company is not liable for delays beyond its control (weather, traffic, road closures, or natural disasters).