Conditions of carriage
Ok, now, before you Pass the Parcel, we would appreciate it if you took the time to read a little more about us, our Pass the Parcel service, and your obligations as a sender.
Let’s start with the Terms and Conditions that you need to accept if you choose to Pass your Parcel with us:
- Accepting our Terms and Conditions: These are the rules for our Pass the Parcel service. In order for us to Pass the Parcel for you, we need you to accept these Terms and Conditions (by ticking the box, as indicated). If you do not, we will be unable to help you get your Trade Me goods where they need to go.
- Amendment of these Terms and Conditions: We reserve the right to amend these Terms and Conditions from time to time, and these amendments will be effective immediately upon their posting on this website. Don’t get too worried though, as we will always endeavour to give notice on our website of any significant changes to our terms.
- Amendment to Prices and Delivery Times: Our prices and estimated delivery times may change without notice since we are affected by many factors that can affect these things.
These Terms and Conditions were last amended in January 2016.
The Pass the Parcel Service: We have developed our Pass the Parcel service primarily for Trade Me customers to transport lower value "ordinary" items that they have bought and sold using Trade Me, within the North and South Islands of New Zealand only. We also welcome anyone wanting to send lower value "ordinary" items that were not bought or sold by them using Trade Me, to use the Pass the Parcel service, provided that they accept these Pass the Parcel Terms and Conditions. It is important that all users of the Pass the Parcel service understand that this service is a freight service that is suitable for transporting many types of low value "ordinary goods" that you may buy or sell using Trade Me. However, it should not be used to transport any Unsuitable Items, which includes Valuable Items, Dangerous Goods, Fragile Items, and Perishable Items, as those terms are defined below. This restriction is to protect both you, and ourselves, as there are several policies and laws which apply when transporting some of those types of goods, and the Pass the Parcel service is not designed to meet the relevant requirements (such as paperwork and packaging, etc). It is also so we can provide a cost effective service to you.
Terminology: Just to avoid confusion and to clarify what we are talking about in certain circumstances, here are the definitions of some terms you will see throughout this document:
- "we", "us" or "our" means Post Haste Limited, and any of its employees, agents, subcontractors and assignees.
- "you" or "your" means the person, firm or company that is using the Pass the Parcel service, and that term includes any “Contracting Party” in terms of the Carriage of Goods Act 1979.
- "Carriage" means the whole of the operations and services provided by us in respect of the receipt, carriage and delivery of your goods (and includes any incidental services). "Carry" has a corresponding meaning.
- "Dangerous Goods" includes firearms, noxious, dangerous, or inflammable items, any other items likely to cause damage or which it is unlawful to carry, or which are from time to time listed as Prohibited Goods on this website.
- "Fragile Item" means any items that are easily broken, damaged, or destroyed in any environment, including glass, glassware, china and lighting products, or any other fragile items advised by us from time to time.
- "Goods" means the item or goods that you provide to us for Carriage via the Pass the Parcel service.
- "Perishable Items" means items of a perishable nature, plants and produce, flowers, live animals and reptiles, chilled and refrigerated items and other items which need to be delivered within a limited time span.
- "Proof of Delivery" means any company stamp, receiver’s signature (whether receiver is consignee or any person at the consignee’s address), scanned bar code, electronic name, electronic signature or any other reliable acknowledgement of receipt.
- "Terms and Conditions" refers to these terms and conditions.
- "Unsuitable Items" means Valuable Items, Dangerous Goods, Fragile Items and Perishable Items.
- "Valuable Items" includes bullion, cash, coins, negotiable instruments, securities, bearer securities, credit cards, cheques, travellers cheques, precious stones, jewellery, stocks, bonds, antiques, paintings or any works of art, passports, second hand car parts, items that are too large to fit into Pass the Parcel branded boxes and satchels or which exceed other weight, size or volume restrictions notified on that packaging or otherwise by us, or any other valuable item advised by us from time to time as such.
Now, for some info on how we do things to ensure that Pass the Parcel runs smoothly.
- Delivery Times: We will endeavour to deliver correctly packaged and labelled goods within the applicable target delivery time. We do not guarantee our delivery times but will do the best we can.
Payment and Charges: Before we can transport your goods, we need to receive your payment in full. So to clarify how to have this done best and what both of our other responsibilities are in relation to sending goods using Pass the Parcel, we have made a list below:
- We will open an account for you to help facilitate your transactions, but a line of credit will not be extended to any customer regardless of whether they are a business or personal consumer. However, there is an option for you to pre-pay your account (so it has a credit balance), which will be just as handy as using your credit or debit card each time to ensure that your goods are able to be sent.
- Complete payment for the Pass the Parcel service must be made prior to us receiving the item for carriage. We reserve the right to impose additional charges on you for any goods that do not carry the required payment identification (tickets and/or type) where we have measured and weighed such goods to determine the correct payment required.
- Under-ticketing charges may be charged directly to your Pass the Parcel account (or deducted from your account if your account has a credit balance), or charged to your credit card, or charged to you by way of an invoice sent to your address (which you must pay within 7 days of the date of invoice).
- If for any reason any payments due to us by you are outstanding for over 14 days, you may be restricted from using the Pass the Parcel service until the outstanding balance is settled.
- Payment can only be made via the online payment facilities on the website, using a credit or debit card that is able to be used online.
- We also retain the right to impose charges on you to recover any fines or additional costs incurred by us as a result of you sending Unsuitable Items (in particular any Dangerous Goods) without our consent or knowledge via the Pass the Parcel service.
Unsuitable Items:As we have already mentioned, there are some items that Pass the Parcel isn’t designed for - these are the Unsuitable Items which include High Risk Items, Dangerous Goods, Fragile Items, and Perishable Items. This is because the Pass the Parcel service is a cost effective service that isn't suitable for those types of items, or because there are special procedures or requirements that must be followed or be met to transport these items. Have a look at the Terminology section for a good definition of what these items are if you are unsure about what they encompass. It is important that you understand that:
- We reserve the right to refuse to carry any items. You acknowledge and agree that we will not accept or deal with, and you must not give us, any Unsuitable Items for carriage.
- If we discover any Unsuitable Items have been presented to us by you (regardless of how we make such a discovery) it will be at our discretion as to how we will deal with the relevant item and, however we choose to deal with the item, it will be at your expense. Sending Dangerous Goods without the required documentation or without adhering to the proper packaging or handling requirements is just as risky as the name suggests and is probably also illegal. So to help us, you, and everybody else who handles the item, please don’t send Dangerous Goods in any Pass the Parcel boxes, packaging, or satchels, and please don't use Pass the Parcel service to transport these items.
- We reserve the right to open any package, inspect any goods, and refuse carriage to any consignment, especially if (using our sole judgement) we consider that the goods are, or the consignment as a whole is, likely to soil, taint, or otherwise damage any other goods or equipment carried by us, or the consignment is economically or operationally impractical or unviable to transport, or the consignment is improperly packed or wrapped.
- Notwithstanding 2.3(a), 2.3(b) or 2.3(c), you accept that we are in no position to ascertain the contents of any consignment given to us for delivery and we will not under any other circumstances be deemed to be aware of the contents of any consignment.
- If you do need to send Dangerous Goods, we provide a specialised service for this outside of the Pass the Parcel service. Please contact us directly for details of what items can be sent and how to go about it, we would be happy to help if we can.
- Labelling and Packaging: You must ensure that all items are addressed to a physical address as we cannot deliver to postal addresses. As a result, we will accept no liability for any consignment that is presented to us that is addressed to a postal address. Packing and protecting your items or goods is a task that is just as important as writing the address on the item. It is your responsibility to ensure that all items are labelled correctly and that they are adequately and securely packaged, wrapped and cushioned for transportation. You acknowledge and agree that we will not provide special handling for any items, even if you mark them “Fragile”, provide special package orientation instructions such as “This Way Up” or any other markings relating to handling or care. As a result, it is very important that you ensure that you package your goods properly to ensure a safe journey for your item. Also, you must use our Pass the Parcel branded boxes and satchels, and keep in mind that there are weight and volume restrictions that apply. It is important that these restrictions are not exceeded. All goods must be contained completely within the Pass the Parcel box or satchel and the total weight must not be greater than 25 kilograms. For helpful tips on packaging, please visit the "Packaging Tips" page on our website.
- Ownership and Insurance of Goods: In presenting us the goods for carriage, you expressly warrant that you are either the owner or the authorised agent of the owner of the goods, and that you are authorised to accept these Terms and Conditions for not only yourself, but also any person for whom you are acting as agent (for example the consignee of the goods). We are not responsible for insuring the goods. This is the responsibility of you, the consignee or the owner of the goods.
- Protection of Servants, Agents and Contractors: You undertake that you will not make any claim or allegation against any of our subcontractors, servants or agents for any liability whatsoever in connection with the performance, manner or non-performance of our obligations to you under these Terms and Conditions, except to the minimum extent permitted by law.
- Transfer of Your Item to Us: When you request the Pass the Parcel service, and assuming that we do not exercise our right not to accept or carry your item, then your goods can be transferred to us in either of two ways. We can come and collect your goods from you (subject to your geographical location), or alternatively you can drop off the goods either to us, at one of our branches, or to one of our many agents. Subject to the other provisions of these Terms and Conditions (including clause 2.3 in particular) regardless of which method is used to transfer your items to us, we will assume responsibility for the item only from the time that we receive the item. Prior to such receipt, we have no responsibility or liability in respect of the item whatsoever.
- Subcontracting: During the carriage of your goods we retain the right to subcontract any or all of our obligations performance under these Terms and Conditions.
Delivery:Like the collection, there are two ways that delivery can take place and the goods will subsequently be deemed delivered when either of these has occurred. In the first instance, we will deliver the consignment to the physical address specified to us by you. However, if no-one is home (except in the situations specified below), or if we are specifically instructed by either you or the consignee to do so, we will hold the consignment at our local branch or agent's premises for the consignee to collect. The goods will be deemed to be delivered either upon delivery to the specified address, or upon collection by the consignee or the consignee's agent. As a matter of policy, we require the consignee to sign a Proof of Delivery form for all deliveries except where:
- The delivery is to a rural area; or
- The consignee has instructed us to leave the consignment at the specified address without signature, such instruction being given to us either via our website, by contact with our customer service team or if you write something on the box or pack to advise us we can leave the goods without getting a signature.
Customer Services: At Post Haste Limited we enjoy being pioneers in our industry, so much so that we have initiated a whole new method of customer service that is conducted primarily on Facebook and Twitter, and is made available to you free of charge We still provide you with conventional telephone support services, which are available via our Pass the Parcel 0800 phone number. We are available on our 0800 number and via email between 8am and 6pm Monday to Friday and 8am to 12pm on Saturdays. You agree that:
- you will refrain from using any of our local branch numbers for any assistance required by you in connection with the Pass the Parcel service; and
- The Pass the Parcel customer services team operates only between the hours of 8am and 6pm Monday to Friday and 8am to 12pm on Saturdays, and that we are not obliged to reply to any enquiries made by you outside of these times until the next earliest time that it is practical to do so. Sometimes we may not be able to answer your query until within standard working hours of the next business day.
The Legal Stuff.
- Parties: These Terms and Conditions apply directly to you and to us. All business undertaken by us in connection with Pass the Parcel service is done so subject to these Terms and Conditions.
- Except as set out in this clause 3.2, all terms, conditions, warranties and representations, expressed or implied by statute, or by common law or any other way are excluded to the extent permitted by law.
- If you are using (or hold yourself out as using) the Pass the Parcel service for the purposes of a business, then you acknowledge and agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
- The Pass the Parcel service is undertaken on the basis of "Declared Value Risk" as defined in the Carriage of Goods Act, and our liability for loss of or damage to the goods is limited to the lesser of NZ$500 or the purchase price of item on Trade Me, along with proof of purchase.
- We will not be liable for any indirect or consequential loss or damage (including loss of revenue or profits, or any other economic loss), or for any delay in delivery of any goods. Refer 3.3 for notification of total loss or damage claims. We will also not be liable for loss or damage to the extent that this arises from events outside our control (including any force majeure event described in clause 3.9), this occurs after delivery or this results from your acts or omissions (including breach of any of these Terms and Conditions).
- The limitations and exclusions in this clause apply however the loss or damages arises (including because of negligence).
- Notification of Claims: We will not be liable to you unless notice of any claim, giving full particulars of any alleged damage or partial loss to the goods, is received by us within seven (7) days after the delivery of the goods, or in the case of total loss of the goods, within fourteen (14) days of the date of despatch, either through our 0800 number, via email or on our website. Remember if you have used our service and have not complied with these terms and conditions, we will not accept liability for any loss or damage. In particular with reference to section 2.3 and our Prohibited Items list on our website. You may not bring any court action against us unless the action is commenced by you in a New Zealand court within six (6) months from the date of despatch of the goods.
- Payments to Consignee: Where we are liable for the loss of or damage to any goods, we reserve the right to pay any amount as compensation to the consignee of the goods where we are satisfied the consignee has paid for the items. Any such payment will be a full discharge of our liability.
- Carriage of Goods Act 1979: The Carriage of Goods Act has some useful provisions in it relating to the carriage of goods. Sections 22, 23, 24, 25, 26 and 27 of that Act shall apply to the Pass the Parcel service only to the extent that they extend or enlarge our rights and powers under these Terms and Conditions. Sections 18 and 19 which relate to time frames for bringing claims for lost or damaged goods are replaced with clause 3.4.
- Indemnity: You will indemnify us against losses, penalties, claims, damages (including damage or deterioration by or to any other consignment), costs and expenses of any kind whatsoever, suffered or incurred by us that arise directly or indirectly from any act or omission by you, any breach by you of these Terms and Conditions (including in particular those obligations relating to Unsuitable Items, labelling and packaging) or your negligence.
- System integrity: We will endeavour to ensure the availability of the Pass the Parcel online service, subject to any downtime required for maintenance. Nonetheless, we accept no liability or responsibility for any loss suffered by you or anyone else that occurs due to the website and/or the online tools being unavailable or faulty for any reason. Additionally, we accept no responsibility for the corruption of any data or information held by us.
- Impartiality: We provide the Pass the Parcel service to Trade Me customers on the basis that the service is provided independently of, and incidental to, the transaction on Trade Me and that we are completely impartial in respect of any bidding process and the outcome of any such Trade Me transactions. You acknowledge and agree that the existence or use (or potential use) of the Pass the Parcel service does not and will not influence or dictate bidding, the pricing of goods, or any purchasing and selling decision by you. A contract between you and us for the Pass the Parcel service is entirely independent of any Trade Me transactions, and at no point are we to be considered as a party to, or have any contractual obligations in respect of any Trade Me transaction. You may, however, use the Pass the Parcel pricing to establish relevant freight charges that may be payable by either the seller or the buyer in relation to items that may be bought or sold using Trade Me.
- Force Majeure: We shall not be liable to any person for any failure to carry out our obligations or for any loss or damage suffered by you where such failure or loss or damage is caused by mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not) any act, regulation or restriction imposed by Government, riot or civil commotion, any act or omission by you, or your servants, subcontractors or agents, or any cause beyond our reasonable control.
- Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
- Mandatory Laws: These Terms and Conditions are subject to the mandatory laws that apply to the Pass the Parcel service and cannot be contracted out of.
- Entire Agreement: These Terms and Conditions supersede any other terms and conditions set out in any other document relating to the Pass the Parcel service. To avoid any confusion, the existing Terms and Conditions of Carriage that may apply to all of our other services do not apply to the Pass the Parcel service. These Terms and Conditions prevail in the event of any inconsistency with any document or website link referred to in them.
Yours and Our Privacy.
4.1 Your Privacy:
- You authorise us to collect information about you (and your household) through your use of the Pass the Parcel website and service including registration details, residential addresses, credit card information, and records of which of our services that you use. You agree that we are entitled to use this information to conduct internal research, to verify your identity, and to promote or market our services (and the services of our related companies) to you.
- You agree that as a subsidiary of Freightways Limited we are permitted to share information of the kind mentioned in clause 4.1(a) to other companies controlled by Freightways Limited. The only other instances in which we will release your personal information will be in cooperation with Government agencies, the courts, and the Police (at all times in accordance with the principles of the Privacy Act 1993), or if you give us explicit consent to release your personal information.
- You acknowledge and agree that we can hold the information mentioned in clause 4.1(a) for as long as we are legally entitled to do so. Under the Privacy Act, you have the right to obtain access to and request correction of any personal information about you that is held by us.