1. ACCEPTANCE OF THESE TERMS

1. The customer accepts these terms upon booking or purchasing any of the services provided by our company.

2. SAMEDAY COURIER RESPONSIBILITIES

1. We will work hard to deliver your parcels as per your instructions within the relevant chosen service.However, we cannot guarantee the delivery of your parcels as per instructed.

2. Delivery of the parcel will take place when:

• i. the parcel has been delivered as per sender’s instruction to the indicated address.
• a. If signature was required the delivery of the parcel will take place once the signature has been obtained.

or

• the parcel has been returned to sender because for any reason Sameday Courier was not able to deliver it to the recipient.
• iii. Sameday Courier will follow the sender’s instructions. We will endeavour to contact sender at any time in case we can not deliver parcel as per instructed.

3. YOUR RESPONSIBILITIES TO US

3.1 The sender must ensure all information given to Sameday Courier is correct, true and complete.

3.2 The sender is not allowed to send parcels  if:

1. the parcel has not been packed in accordance with our packing instructions;
2. the parcel contains cash;
3. the parcel contains valuable items;
4. the parcel contains dangerous goods or prohibited items;
5. the parcel contains anything illegal;
6. the parcel has been packed incorrectly and could cause injury or damage to Sameday Courier personnel or property, or third party personnel or property.

3.3 If the sender has given a parcel to Sameday Courier for dispatch with any of the items listed above, they agree that Sameday Courier is not liable for any damage or, loss, or any type of compensation.

3.4 The sender must ensure that the parcel to be couriered by Sameday Courier complies with the clauses above.

The acceptance of any parcel by Sameday Courier will not release the sender from their obligation to comply with our terms and conditions.

3.5 The sender accepts that Sameday Courier cannot determine the contents of the parcel that the sender has given Sameday Courier to deliver.

3.6 Sameday Courier is under no obligation to know the contents of the parcel to be delivered.

3.7 The sender guarantees that their personal information that has been disclosed to Sameday Courier has been gathered, disclosed and used within the requirements of the Privacy Act 1993 and the Information Privacy Principles contained in the Privacy Act 1993. The sender will indemnify Sameday Courier for any type of loss or damage resulting from a breach of this clause.

3.8 The sender guarantees that their customers’ personal information that has been disclosed to Sameday Courier has been gathered, disclosed and used within the requirements of the Privacy Act 1993 and the Information Privacy Principles contained in the Privacy Act 1993.The sender will indemnify Sameday Courier for any type of loss or damage resulting from a breach of this clause.

4. PERISHABLE PARCELS

4.1 Sameday Courier may agree with the sender to courier perishable items. This parcel must be packed with dry ice (1kg of dry ice to 1kg of perishable item).

4.2 The sender must coordinate with the recipient to be at destination to receive their parcel. Sameday Courier will not be responsible for any loss or damage to parcel resulting from a failure in this arrangement.

4.3 The sender must disclose the contents of the parcel to Sameday Courier prior to courier pick up.

5. DANGEROUS GOODS, VALUABLE AND PROHIBITED ITEMS IN SENDER’S PARCEL

5.1 Sameday Courier will not accept, in any circumstances, items listed in clause 3.2.

6. OUR RIGHT TO EXAMINE PARCELS

6.1 Sameday Courier may take the following actions:

1. Open and examine a parcel to be couriered, for any reason.
2. Refuse to accept a parcel to be couriered, for any reason,
3. Where necessary, re-measure, re-weigh, re-value the parcel to be couriered, for any reason.

6.2 Upon examination,Sameday Courier has the right to charge a higher rate, according to their rate schedule. Sameday Couriermay also charge an administration fee if necessary.

6.3 Sameday Courier’s decision as to the re-measuring or re-valuing of the parcel will be final, and the sender will agree to this decision.

7. SAMEDAY COURIER HAS THE RIGHT TO REJECT A PARCEL

7.1 Sameday Courier has the right to reject any parcel we believe could cause damage and / or loss to our company, our employees or to a third person, including the recipient.

8. OUR RIGHT TO COMPENSATION FROM SENDER

8.1 The sender agrees to indemnify and / or protects legally and /or monetary Sameday Courier and its employees against any type of liability, claim, loss, cost or damage suffered by Sameday Courier as a result of failure and / or neglect by the sender to comply with any of our clauses under 3.

9. OUR LIABILITY

Limitation of our liability

9.1 Subject to the specific exclusions or limitations of liability in these terms the provision of our services is “Limited carriers risk”. Our liability to the customer is a maximum of $2,000 for the loss of or damage to an item however the loss or damage arises (this includes as a result of negligence).

9.2 Exclusions of Sameday Courier liability

9.2.1 Sameday Courier is not liable to the sender or the recipient for any damage or loss if the damage or loss is outside of Sameday Courier’s control, and specifically when damage or loss happens:

9.2.1.1 after the delivery of the parcel

9.2.1.2 as a consequence of, any breach of the sender’s obligations agreed on these terms and conditions.

9.3 We have no liability to the sender for:

9.3.1 any indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) arising in connection with our services;

9.3.2 loss of the parcel unless the sender has has proof that the parcel was given to Sameday Courier for delivery;

9.3.3. damage of the parcel that it was given to Sameday Courier for delivery.

9.3.4. The exclusions of Sameday Courier liability set out in 9.2 above apply however the loss or damage arises (including as a result of negligence) and are subject only to the contrary terms of any statute including the Consumer Guarantees Act 1993 (where applicable).

9.4 You agree that where you are using our services and/or acquiring products from us for the purposes of your business, the provisions of the Consumer Guarantees Act 1993 do not apply.

10 PAYMENT FOR SAMEDAY COURIER SERVICES

10.1 The sender will have to pay for the selected services as per our written agreement, which is discussed prior to any parcel being couriered.

10.2 The sender has the obligation to pay any goods and services tax related to the selected service.

10.3 Sameday Courier will send the sender an invoice for their provided services. Sameday Courier has the right to choose the “due date” of the invoice. Generally, the invoice will need to be paid:

• 10.3.1. 7(seven) days after invoice date, or
• 10.3.2. on the 20th of the following month from invoice date.

10.4 Invoices will be sent via email to the email address provided by the sender.

10.5 A monthly statement will be sent to the sender with payments due and payments  received.

10.6 Failure to pay the invoice on due date will result in the amount owing incurring daily interest until the invoice is paid in full.

10.7 Sameday Courier has the right to set an interest rate which is advised  in “comments” on each invoice sent to the sender.

10.8 If the sender wishes to dispute an invoice, the sender must do so within 14 days from invoice date. The sender will have to pay the invoice in full as part of the agreement. The sender will need to send to Sameday Courier, in writing, the reasons as to why they are disputing the invoice. Sameday Courier will have 10 days to resolve the dispute and inform the sender of their final decision. The sender then will have five working days to pay any owing amount of the disputed invoice amount.

10.9 If the sender has not paid or is not able to pay any owing amount past 30 days of due date, Sameday Courier will notify their lawyer to take legal action against the sender.

11. CLAIMS NOTIFICATION TO SAMEDAY COURIER

11.1 Sameday Courier will not be liable for any loss or damage unless the sender sends a formal written complaint.

11.2 The sender has seven days to lodge a claim after the delivery of the item was completed.

11.3 If the sender decides to lodge a claim for total loss, Sameday Courier requires the sender to lodge a formal written complaint within 24 hours from when the parcel was reported missing.

11.4 To lodge a formal written complaint please send to veronica@samedaycourier.nz

11.5 The sender has three months to bring any actions against Sameday Courier from the date of parcel delivery  from the date when the parcel was reported missing. Prior to this the sender will need to send Sameday Courier a written letter outlining their dispute and their intentions.

11.6 The provisions of sections 18, 19, 20, 23, 24 and 25 of the Act 1993 do not apply to our services.

12. EVENTS OUTSIDE OUR CONTROL

12.1 If there is an event outside our control we are not required to carry out our services, nor to carry out any of our obligations referred to in these terms.

13. CHANGES TO THESE TERMS

13.1 Customers will be notified of  any changes  to these terms or to Sameday Courier  prices at least 30 days prior to these changes taking place.

13.2 Any changes to these terms or our prices will be notified in writing.

14. ENDING OUR SERVICES

14.1 If the customer is an account customer and decides to terminate the contract with Sameday Courier, the customer must give 30 days’ written notice.

14.2 If Sameday Courier decides to terminate the services provided to the account customer, it must give 30 days’ written notice.

14.3 If the customer does not comply with any obligations stated in these terms Sameday Courier may, at any time, and by giving written notice, end any obligations we have to provide our services to the customer.

15. PRIVACY

15.1 Pursuant to the Privacy Act 1993, you agree that Sameday Courier can collect, use and hold information about you for our business purposes including contacting you about products and services that may be of interest to you.

15.2 If you are an account customer you agree that Sameday Courier can collect, use and hold general credit information about you and agree that we may disclose that information to any third party in connection with a credit company. You understand that Sameday Courier may conduct a credit check on your company.

15.3  The account customer agrees that we may need to collect information from any person, entity or company to corroborate information relevant to these purposes.

15.4  The account customer can request access and / or modify any of the personal information we hold about them via email to admin@samedaycourier.nz

16. OTHER MATTERS

16.1 These terms establish the agreement between Sameday Courier and the account customer or customer for the provision of our services, except as otherwise agreed by us in writing.

16.2 If the account customer or customer needs to send a notice of termination, please make sure to do so in writing to admin@samedaycourier.nz

16.3 We may transfer or subcontract to a third party any of our rights and/or responsibilities under these terms. You may not transfer or subcontract your rights or responsibilities under these terms.

16.4  These terms are governed by and are subject to New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

16.5 Unless required by law, you must keep all Price and Services Schedules, other pricing information and any service variations discussed and/or agreed with you strictly confidential. You must not disclose any of this information to any other party.

16.6 These terms shall prevail over any other terms and conditions.

17. INTERPRETING THESE TERMS

17.1 For the purpose of these terms (unless the context otherwise requires):
“Act” meaning the Carriage of Goods Act 1979.
“Dangerous Goods” means all items listed in the IATA Dangerous Goods Regulations, any substance or article prescribed as Dangerous Goods for the purposes of the Hazardous Substances and New Organisms Act 1996 and associated regulations.
“Delivery” shall have the meaning given in clause 2.2.
“event outside our control” includes any delay in acceptance of an item by an addressee; our inability to gain access to a delivery address; seizure or destruction of an item by customs or any other regulatory or government authority; an act of God; earthquake, volcanic activity, flood, fire, storm or adverse weather condition; sabotage, riot, civil disturbance, epidemic, national emergency or act of war; government action; strike, lock-out, work stoppage or other industrial problem; traffic congestion; or delay in aircraft or other transport.
“item” means any packet, parcel, document, article or other item given to us for Delivery.
“Packaged” means that a parcel has been packed in a safe manner and in accordance with any relevant legislation to protect both that item and all other items, employees and equipment from damage or injury.
“Perishable Item” means any item of a perishable nature including without limitation, plants, flowers, produce, biological specimens, organisms and cultures, frozen chilled food, blood, serum, and chilled medical supplies, items which need to be delivered within a limited time space.
“Price and Services Schedule” means a schedule or other document, including any proposal provided to you, containing price and/or services information which is stated to be subject to these terms and which we have provided to you, as amended in accordance with these terms.
“Prohibited Item” means any item we advertise or list as a prohibited item.
“recipient” means the person or other entity named as the recipient on the item.
“relevant delivery address” means, as the case may be, either the original delivery address on the item as given by you, or another delivery address as directed by the recipient.
“these terms” means these Sameday Courier terms and conditions, and includes the other terms and conditions on our website applicable to the services (as amended from time to time).
“Valuable item” means any item including but not limited to any item of a fragile nature (including without limitation glassware and lighting), any traveller’s cheque, stamp or voucher, any deed, negotiable instrument (including any bearer security, bill of exchange or uncrossed cheque), bond or share, any credit, debit or other blank card, any bullion, precious metal or stone, any jewellery or watch, any collective or antique or any painting or work of art.
“We” means Sameday Courier, its related businesses and companies, successors and assigns. “Our” and “us” have a corresponding meaning.
“You” means the person accessing, purchasing or using any of our services.