Terms & Conditions
NEXUS LOGISTICS LIMITED STANDARD TRADING TERMS & CONDITIONS
All services provided by Nexus are done so in accordance with these Terms & Conditions.
Any variation to these Terms & Conditions is at the sole discretion of Nexus and must be agreed in writing between the parties.
LIABILITY OF the carrier (such term to include unless the context otherwise requires its servants, agents, sub contractors and actual carriers)
a) The contract shall be “at limited carrier’s risk” (pursuant to the Contract and Commercial Law Act 2017 hereinafter referred to as “the Act”) unless:
i) The contracting party or his agent has signed on the face hereof or on any other document relating to the carriage of the goods a statement in the following terms: “These goods are to be carried at “owner’s risk”. This means that the carrier will pay no compensation if the goods are lost or damaged unless he intentionally losses or damages them”.
ii) There is a contract in writing expressed to be “at owners risk”, signed by the parties or their agents relating, but not necessarily exclusively to the carriage of goods, in which case the contract shall be at “Owners Risk”.
b) In any case but subject to the provisions of the act which preclude the carrier from limiting or precluding its liability:
i) The Carrier shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of negligence or wilful act or default of the Carrier or otherwise for any damage or loss, deterioration, mis delivery, delay in delivery or nondelivery of the goods (whether the goods are or have been in the possession of the Carrier or not) for any instructions advice, information or service given or provided to any person (including determining the Verified Gross Mass (VGM) of any shipping containers in which goods are stored), whether in respect of the goods or anything or matter, nor for any consequential or indirect loss, loss of market or consequences of delay and provided in all cases where the Act precludes exclusion of liability but not limitation of liability, liability shall be limited as if Section 15(i) of the Act applied.
ii) The contracting party will indemnify the Carrier against all claims of any kind whatsoever, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence or wilful act or default of the Carrier or otherwise, brought by any matter or thing done, said or omitted by the Carrier in connection with the goods.
THE CARRIER shall be under no liability whatsoever unless:
i) Written notice of any claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss is received by the Carrier in connection, within seven days after the date of dispatch.
SECTION 18, 19 and 20 of the Act shall not apply to the Contract.
THE CARRIER reserves the right to refuse carriage for any person or for any class of goods.
ALL TERMS used in this contract shall have the meanings as set out in the Act, and where the conditions contained in this contract differ from the provisions of the Act, then so far as the parties are able the contract prevails over any statutory provision and the parties are deemed to have contracted out of the provisions of the Act and the Carrier shall not be bound by any agreement varying these conditions unless such agreement shall be in writing and signed with due authority on behalf of the Carrier.
THE GOODS shall comply with the requirement of any applicable law relating to the nature, labelling and packaging and carriage of goods and the expenses and charges of the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, customs, excise duty or sales tax, warehouse or other authority or company of the expense, charges, levies or fines arising out of the breach of any applicable law shall be paid by the contracting party.
THE CARRIER may charge freight by weight, measurement or value and may at any time re-weigh or re-value or re-measure or require the goods to be reweighed, re-valued or re-measured and charge proportional additional freight accordingly.
EVERY special instruction to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that if the consignee does not
pay the said charges, then the consignor shall pay the said charges.
THE CARRIER may carry or on-forward all goods or have them carried by any method or any person which the Carrier deems fit and notwithstanding any
instructions that the goods are to be carried or on-forwarded by another method.
THE CONTRACTING PARTY authorises the Carrier to contract either as Principal or as Agent for the carriage of goods and any such contract will be made upon
the terms and subject to the conditions of any bill of loading or other forms or terms of contract for carriage, whether by sea, rail or road or air.
FROM the date on which the responsibility of the Carrier ceases as provided by Section 9 (3) of the Act, the Carrier may hold the goods if undelivered as bailee and shall be entitled to storage fees as normal rates charged by the Carrier AND as bailee shall not be under any liability for any loss of or damage
to the goods caused.
OR in its discretion return the goods to the contracting party at the risk and expense of the contracting party.
THE CONSIGNOR expressly warrants that he is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract and by entering into this contract he accepts these conditions of contract as or for the contracting party as well as for all other persons on whose behalf the contracting party is acting.
ANY NOTICE necessary or required to be given by either party shall be served by sending the same by facsimile transmission (in which case it shall be deemed to have been served at the time of transmission), or prepaid fast post (in which case it shall be deemed to have been served four days after posting).
THE TERMS AND CONDITIONS set out herein shall prevail over the terms and conditions set out in any document used by the contracting party, the owner, or any other person having an interest in the goods and purporting to have a contractual effect.
FREIGHT shall be considered earned as soon as the goods are loaded and dispatched. Should payment in full not be made to the Company by the 20th of the month following invoice, then the client shall pay interest on outstanding monies at the current bank rate commencing from due date of payment.
The client will undertake to indemnify Nexus Logistics Ltd and pay all costs and expenses which we may incur recovering from you any overdue account.
Payment terms will be confined following credit checks. If these are satisfactory, payment for services is due on the 20th of the month following date of invoice. You will be notified in writing of your credit limit and payment terms should the credit check result in non-standard terms.
WE AUTHORISE any person or company to provide you with such information as you may require in response to your credit enquires. We further authorise you to furnish to any third-party details of this application and any subsequent dealings that I/We may have with you as a result of this application being actioned by you.
WIRI INLAND PORT - SOUTH AUCKLAND FREIGHT HUB
Carrier Access Arrangements
Wiri Inland Port is committed to the highest principles and standards of safety, operational excellence, customer focus and continuous improvement.
1. Site Safety Requirements
Wiri Inland Port Freight Hub places the utmost importance on site safety for all employees, contractors and visitors who access the site. We take a stance of zero tolerance to behaviours that contribute to workplace incidents that have a negative impact on the business.
Safety is a fundamental component of operations, and it will be incorporated into all business relationships and processes.
2. Personal Protective Equipment (PPE) Requirements
- Drivers entering the site are required to wear steel cap boots.
- Drivers entering the site must wear Hi-Visibility Garments with a minimum being a vest to be worn as an outer layer of clothing (Compliant to Health and Safety at Work Act 2015).
3. Traffic Management
- Truck drivers must adhere to traffic flow and follow any internal traffic signs. Trucks must give way to pedestrians.
- Trucks must give way to reach stackers operating in the Wiri Inland Port.
- Drivers are not permitted to exit their vehicle once onsite (i.e. past the office) unless directed to do so by a member of Wiri Inland Port staff.
- Pedestrians must use designated walkways at all times. The maximum speed limit on the site is 20 km/hr.
- Drivers are not permitted to perform maintenance or cleaning activities on any vehicle whilst onsite.
- Drivers must be licensed to operate the truck and its configurations.
- The truck must be registered, roadworthy and maintained to a condition as per manufacturers recommendations.
- Drivers must unsecure the twist locks on all four corners of the container(s) before entering the site in the designated area.
- Drivers must secure the twist locks on all four corners of the container(s) prior to departing the site in the designated area.
- Drivers are not to walk under or drive under a suspended load.
- Container locating pins are to be painted and visible.
- Drivers must ensure all container locking pins are in the ready position for container loading or unloading. Damage resulting from failure to correctly position container locking pins will be the responsibility of the driver.
- All container locking pins for all four corners of each container must be present and in working condition.
- Side loader trailers must have contrasting hi-visibility markings on the trailer arms.
- Intoxicants, illegal narcotics, and persons under the influence of them are not permitted on site.
- Any plant or property damage must be reported immediately to the office.
4. Entry to Sites
- Entry/access to the premises is entirely discretionary for Wiri Inland Port. Nothing in this agreement gives any rights or entitlement to the entrant or any other person or entity.
- Notwithstanding any other provision in this agreement, Wiri Inland Port may refuse entry and access to the site and associated work areas to the entrant, the entrant's workers or agents, in its sole discretion at any time.
5. Obligations of Entrant
The entrant shall:
- ensure all persons under the entrant's control are compliant with the terms and conditions of this agreement, and any breach of this agreement by any persons under the entrant's control will be deemed to be a breach of the agreement by the entrant
- unless otherwise agreed in writing between Wiri Inland Port and the entrant, take out and maintain insurance policies for a minimum of $10 million to cover, as far as may be legally possible, all usual commercial and industrial risks, including, without limitation, public liability and motor vehicle third party liability insurance, and provide current evidence of such insurance policies if so requested by Wiri Inland Port
- be liable and pay for any loss or damage caused by the entrant or a person under the entrant's control and, without limitation, shall at Wiri Inland Port's first request, remove any of the entrant's vehicles, plant, machinery, equipment, and any other effects from the premises, and make good any loss or damage, if any, to the premises caused by the removal of the vehicles, plant, machinery, equipment or other effects, or otherwise caused by the actions of the entrant or persons under the entrant's control
- notify Wiri Inland Port immediately (or as soon as reasonably practicable) of any loss or damage to property or infrastructure caused by the entrant or persons under the entrant's control
6. Container Park Access
- All truck drivers must have completed the site induction prior to arriving at Wiri Inland Port. Please contact Nexus Customer Services to obtain an induction booklet email@example.com
- Container Transport Operator (CTO) access to Wiri Inland Port is by pre transacted "Notification" through the website at www.containerchain.com
- CTO's will be required to have an active commercial account managed through the website at www.containerchain.com to pre transact "Notifications".
6.1 Delivering a Container
- All containers being delivered to Wiri Inland Port will require "Container Acceptance Confirmation" from Nexus - firstname.lastname@example.org prior to the truck arriving at the site.
- All containers being delivered to Wiri Inland Port will require a "Notification" to be made by the CTO in www.containerchain.com prior to the truck arriving at the site.
- All exports being delivered to Wiri Inland Port will require a successfully pre-advice in port connect prior to the truck arriving at the site.
- All "Notifications" will require the truck fleet number to be recorded by the CTO prior to the arrival of the truck at the site.
- All "Notifications" will require the container number to be recorded as the Reference Number by the CTO prior to the arrival of truck at the site.
6.2 Picking up a Container
- All containers collected from Wiri Inland Port will require a "Container Collection Confirmation" from Nexus - email@example.com before the truck arrives at the site.
- All "Container Collection Confirmation" transactions will require a "Notification" to be made by the CTO in www.containerchain.com prior to the truck arriving at the site.
- All "Notifications" will require the truck fleet number to be recorded by the CTO prior to the truck arriving at the site.
- All "Notifications" will require the container number to be recorded as the Reference Number by the CTO prior to truck arriving at the site.
7. Notification Times information
- Notification times will be in 30-minute windows. Notifications will be made available six days in advance.
8. Container Fees
- A Container Fee is applicable for each "Notification"
- The Container Fee charged by Wiri Inland Port Hub is $10 + GST per notification and will be invoiced and collected by Containerchain Pty Ltd on our behalf
- No Show fee: $35 + GST per notification
- Cancellation fee within one hour of notification: $35 + GST per notification
- Cancellation fee outside of the one hour before booking: no charge
- The container fee will be reviewed annually and subject to CPI and business cost increases, whichever is greater.
9. Truck Arrival Procedure
- When a truck arrives at Wiri Inland Port, the driver will be required to quote the container number to the gate operator. This will activate the transaction in the terminal operating system. The truck will then be directed to proceed into the park.
- If a truck arrives early for a "Notification" on the same day of the "Notification", if outside the one-hour window allowance, it will be assessed by the gate operator if entry can be granted subject to completing a new notification. For reporting purposes, the performance of the CTO in respect of that "Notification" will be recorded as being "Early".
- If a truck arrives on time for a "Notification", they will gain entry subject to completing a notification and other exigencies. For reporting purposes, the performance of the CTO in respect of that "Notification" will be recorded as being "On Time".
- If a truck arrives late for a "Notification" on the same day as the "Notification", if outside the one hour window allowance, the gate operator will assess if entry can be granted subject to a new notification. For reporting purposes, the performance of the CTO in respect of that "Notification" will be recorded as being "Late."
10. Failure to Arrive for a Notification
- If a truck fails to arrive on the day of the "Notification", for reporting purposes, the performance of the CTO in respect of that "Notification" will be considered "Unutilised". "Unutilised Notifications" will be charged the "$35 + GST".
11. Arrival without a Notification
- If a truck arrives at Wiri Inland Port without a "Notification", Wiri Inland Port will not be able to service the truck.
12. Cancelled Notifications
- A "Notification" can be cancelled by a CTO up to 60 minutes prior to the commencement of a "Notification Window", and the "Container Fee" will not be charged.
- If a "Notification" is cancelled by a CTO after this time, the "$35 + GST" will be still be charged.
- Wiri Inland Port may also be required to cancel a "Notification" on behalf of a CTO due to internal operational issues. If this occurs, the CTO will receive a notification in the container chain, and the corresponding "Container Fee" will not be charged.
- Container Fees will be invoiced to CTO's by containerchain.com
- Invoices are raised monthly and represent all activity for the preceding month.
- Invoice payment terms are fourteen days from invoice
- Outstanding invoices will result in a CTO’s Containerchain account being suspended
- Reconnection of a suspended account will attract a reconnection fee of $100.00 + GST
14. Dispute Resolution
- If the intended container delivery or collection from a "Notification" does not occur due to a contributing factor from Wiri Inland Port, the CTO is required to log the issue in www.containerchain.com Help Desk within 60 minutes of the truck departing Wiri Inland Port. This is to enable any potential invoice dispute regarding the "Notification" to be addressed.
- Disputed invoices can be taken up via the Help Desk at www.containerchain.com
15. Liability and Indemnity
The carrier must indemnify and keep indemnified Wiri Inland Port in respect of any loss or damage, or death or injury to any person as a consequence of:
- any breach of this agreement by the carrier, its drivers, agents or contractors;
- any negligent act or omission or wilful misconduct of the carrier, its drivers, agents or contractors; and
- any damage to Wiri Inland Port property where such damage is the fault of the carrier, its drivers, agents or contractors,
Except to the extent that such loss or damage is caused by a breach of this arrangement or an act or omission constituting negligence or wilful misconduct by Wiri Inland Port. Wiri Inland Port must indemnify and keep indemnified the carrier in respect of any loss or damage or death or injury to any person as a consequence of:
- any breach of this arrangement by Wiri Inland Port
- any negligent act or omission or wilful misconduct of Wiri Inland Port and
- any damage to the carrier's property where such damage is the fault of Wiri Inland Port
Except to the extent that such loss or damage is caused by a breach of this arrangement or an act or omission constituting negligence or wilful misconduct by the carrier, its drivers, agents or contractors.
16. Fatigue Management
- Carriers are required by law to ensure drivers do not exceed their maximum regulated hours for driving and working. Wiri Inland Port will assist in every way to notify carriers of current and possible delays at Wiri Inland Port. These notifications will be sent via our "Message Alert System", which sends registered users an email and SMS message.
- All carriers are responsible for managing their driver's hours, and carriers must change over drivers who have worked their maximum number of hours. If the carrier cannot change drivers, the carrier must withdraw and move the truck away from Wiri Inland Port.
17. Inland Port Opening Hours
Day to Day Operations: Open 24 Hours from Monday 06:00 to Saturday 15:30, Sunday 07:00 to 15:30 NOTE: Wiri Inland Port may close in high wind conditions for safety reasons. Management of VBS slots during these closures will be done directly with affected carriers.
18. Alterations to these Carrier Access Arrangements
Wiri Inland Port reserves the right to alter these Carrier Access Arrangements. CTO's will be advised of alterations to this arrangement via the website at www.containerchain.com