Freight Link Ltd P.O. Box Botany, Manukau, 2163 Phone: (09) Fax: (09)

Transcription

1 Freight Link Ltd P.O. Box Botany, Manukau, 2163 Phone: (09) Fax: (09) DATE: LEGAL COMPANY NAME: TRADING NAME: YEARS TRADING: POSTAL ADDRESS: DELIVERY ADDRESS: APPLICATION TO OPEN A MONTHLY FREIGHT ACCOUNT TELEPHONE: FAX: CONTACT NAMES: General Manager A/C Payable Purchasing Manager Other DO YOU REQUIRE PURCHASE ORDER NUMBERS ON YOUR INVOICES IS THE PERSONS NAME AS AN ORDER # ACCEPTABLE YES/NO YES/NO If so, please list authorised persons TRADE REFERENCES (Freightlink do not accept fuel, power or phone companies as references) Freightlink must have 3 Trade References or your application will not be processed NAME PHONE TYPE OF BUSINESS: Sole Trader Partnership Ltd Company Other DETAILS OF OWNERS, PARTNERS, DIRECTORS:

2 Please Estimate your Expected Monthly Spend $ I/WE HEREBY APPLY TO OPEN A TRADING ACCOUNT WITH FREIGHT LINK LTD ( FLL ) AND I/WE: a) Certify that the above details are correct. b) Confirm that I/we am/are duly authorised to sign this document. c) Both personally and on behalf of the Applicant hereby make this application to open an account with FLL. d) Acknowledge that all accounts will be paid by the 20 th of the month following invoice or as specified in additional agreements entered into by FLL. Accounts not paid by the 20 th of the month following invoice will be issued with a stop credit notice. 1. Terms of Carriage I/We confirm that all goods carried by FLL to the Applicant will be on FLL s standard Terms of Carriage (as attached) as may be amended by public notice or advertisement/display at FLL premises from time to time. I/We confirm that I/we have read, understood and accepted those Terms of Carriage on behalf of the Applicant. 2. Collection of Information: I/we acknowledge that: SIGNED: Personal information collected or held by FLL (whether contained in this Application or otherwise obtained) is provided and may be held, used and disclosed to enable FLL to: process this or any other application the Applicant may make to FLL; ascertain at any time the Applicant s creditworthiness and obtain at any time credit reports, character references or, credit statements; administer any trade account the Applicant may hold with FLL; communicate with the Applicant for any purpose; and to carry out any other related activities. The personal information provided in this Application is collected by and will be held by FLL. If I/we fail to provide any information requested in this Application, FLL may be unable to process this Application. The Applicant has the right under the Privacy Act 1993 to obtain access to and request correction of any personal information held by FLL concerning the Applicant. I/We authorise FLL to obtain at any time from any person or entity (including the persons nominated in this Application) any information FLL may require to process and/or accept this Application or to perform any of the other purposes for which the Applicant has provided personal information to FLL. I/We authorise any such person to release to FLL any personal information that person holds concerning the Applicant. PRINT NAME SIGNATURE DATE 2

3 I/We DEED OF GUARANTEE TO: Freight Link Ltd (Insert full name and address of each Guarantor) IN CONSIDERATION of you at my/our request carrying goods on behalf of the Applicant named above, I/we jointly and severally agree as follows: 1 I/We hereby guarantee the due and punctual payment to you by the Applicant, in the manner and at the times agreed upon between you and the Applicant, of all amounts owing to you at any time by the Applicant, in relation to the goods carried or which may otherwise become payable by the Applicant to you. 2 This Guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until you grant a written release of each of us from liability under this Guarantee. 3 You may at any time or times in your discretion and without obtaining my/our consent or giving any notice to me/us refuse to make further supplies to the Applicant. 4 I/We agree to be bound as principal debtors so that the liability of each of us under this Guarantee will not be released by any delay or other indulgence or concession which you may grant to the Applicant or any compromise which you may reach or variation you may agree with the Applicant or any of us, or by any other act, matter, circumstance or law whereby I/we would but for the provision of this clause have been released from my/our liability under the Guarantee. 5 I/We agree that I/we will not in any way compete with you for payment in the event of the bankruptcy or liquidation of the Applicant. 6 I/We acknowledge that this Guarantee is in addition to, and not in substitution for, any other security or rights which you may presently have or may subsequently acquire and this Guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Applicant or the other(s) of us. 7 This Guarantee will bind our respective personal representatives. DATED this day of 201 SIGNED by: in the presence of: Witness: (name and signature) Occupation: Address: (as Guarantor/s) SIGNED by: in the presence of: Witness: (name and signature) Occupation: Address: (as Guarantor/s) 3

4 FreightLink Ltd Conditions of Contract Preliminary 1.1 This contract shall be at limited carriers risk pursuant to the Carriage of Goods Act 1979 ( the Act ) unless the contracting parties or their agents have signed an owners risk endorsement in which case the contract will be at owners risk. 1.2 All terms used in this contract shall have the meanings set out in the Act. 1.3 Where the conditions contained in this contract differ from the provisions of the Act then so far as the parties are able to so contract this contract prevails over any statutory provision and the parties are deemed to have contracted out of the provisions of the Act. 1.4 The terms and conditions set out here 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. 1.5 In the event that the carrier authorises or instructs another carrier to carry goods for the contracting party on behalf of the carrier then such carriage will be deemed to have been carried out pursuant to the terms and conditions of this contract and this contract will prevail over the terms and conditions customarily used by the other carrier. 1.6 The carrier shall not be bound by any agreement varying these conditions unless such agreement is in writing and signed by someone with due authority on behalf of the carrier. Notices Any notice to be given under this contract shall be in writing and be deemed to be received when delivered or forwarded by post to the registered office of the contracting party or to the usual or last known residence or place of such party. Freight Charges and Interest Freight shall be considered earned as soon as the goods are loaded and dispatched. In the event that payment in full is not made to the carrier by the 20 th of the month following carriage the contracting party shall pay interest on outstanding monies at the rate of 1.5% per month or part thereof from the time of such carriage. The carrier may charge freight by weight, measurement, or value, and may at any time reweight or re-value or re-measure or require the goods to be re-weighed, re-valued or remeasured and charge proportional additional freight accordingly. Freight Forward Every special instruction to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that the consignee does not pay the said charges immediately upon delivery of the goods then the consignor will pay the said charges when called upon to do so by the carrier. Carriers Liability 5.. In any case subject only to any provisions of the Act which precludes the carrier from limiting or excluding its liability: 5.i. The carrier shall not incur any liability whatsoever or direct, indirect, consequential damage or loss caused by deterioration, negligence, omission, willful act, miss-delivery, non-delivery, delay, loss of market or by any instructions, advice, information or service given or provided to any person whether in respect of goods subject to his contract or otherwise shall the carrier be liable for any third party claim against the carrier or the contracting party howsoever or whensoever arising 5.ii. Section 15 (1) of the Act applies to limit liability where the Act precludes exclusion of liability. 4

5 Notice of Claims 6.. The carrier shall be under no liability whatsoever unless: 6.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 within seven days of the date of dispatch. 6.ii. An action has been commenced by the contracting party in a Court of competent jurisdiction within three months of delivery, or in case of non-delivery within three months and seven days of the date of dispatch. 6.1 The above provision replaces Sections 18,19 and 20 of the Act which shall not apply to this contract. Refusal of Carriage 7.0 The carrier reserves the right to refuse to carry goods for any person or to carry any type of class of goods. Dangerous Goods 8.0 All dangerous goods must be separately and safely packaged before delivery to the carrier in a container which complies with the Dangerous Goods Act and Regulations and is so constructed as to withstand severe impact. 8.1 All dangerous goods must be clearly and distinctly labeled as such by the contracting party. Such label must carry descriptions appropriate to the goods therein and be in accordance with the Dangerous Goods Act and Regulations. 8.2 Any fees, penalties, fines imposed upon the carrier in respect of the carriage or storage of dangerous goods for any breach or infringement of the law relating to the storage labeling or carriage of dangerous goods shall be refunded to the carrier by the contracting party unless the said breach was caused solely by the default or neglect of the carrier Penalties, Fees, Fines and Charges 9.0 The carrier relies on the contracting party's estimation of the weight of the goods and the cubic measurement of the goods. In the event that penalties, fees or fines for exceeding road user licenses or axle weights are imposed by the Police or any Court or by any Government agency on the carrier as a direct or indirect result of the miss-description by the contracting party then the contracting party will indemnify the carrier in respect of such penalties, fines or fees. 9.1 The contracting party expressly warrants that if because of a breach by the contracting party of any terms of this contract, statutory terms or regulations, loss or damage occurs to other persons property, the carriers vehicle or vehicles, property or premises the contracting party will meet the full costs of such damage or loss. 9.2 Any expenses, charges, duties or tolls paid by the carrier for or on behalf of the contracting party will be forthwith refunded by the contracting party to the carrier. Indemnity By Contracting Party 10.0 The contracting party will take all reasonable care in the packaging of the goods and will give all necessary instructions and information to the carrier to enable the safe and legal carriage of the goods In the event that this term is breached by the contracting party and loos or damage is thereby occasioned to the carrier or to any third party the contracting party will indemnify the carrier for the full amount of such damage or loss including all incidental expenses and including the carriers solicitor client costs. Livestock 11.0 The contracting party will ensure that all livestock is presented to the carrier in fit condition to be carried. The carrier shall not be liable for death or injury or sickness caused during carriage unless occasioned directly by the default or neglect of the carrier, and then only the the extent of paragraphs 1,5, and 6 hereof. 5