SERVICE UPDATE

Domestic conditions of carriage

This contract (“Conditions”) governs the supply of services provided to the Customer by Fastway Couriers (NZ) Ltd t/as Aramex (New Zealand), its Related Entities, Personnel, franchisees, contractors, and/or all other nominees ( including the carriage, storage, loading, unloading, packing, unpacking, freight forwarding and all other services relating to the transport of goods).

1. Definitions

In these Conditions capitalised terms have the meaning given in context and as set out below:

  • 1.1“Artwork” means collectables, antiques, paintings, sculpture or other works of art.   
  • 1.2“Business Day” means any day except a Saturday or Sunday or other public holiday in New Zealand.
  • 1.3“Carrier” means each Aramex franchisee, contractor or other third party that has agreed to provide carriage services in respect of the Goods as specified from time to time, including any Personnel of those persons.
  • 1.4“CCLA” means the Contract and Commercial Law Act 2017, as modified from time to time.
  • 1.5“Consequential Loss” means any and all: (a) losses suffered by a party that reasonably cannot be considered to arise naturally from that breach or event(s) giving rise to the losses; (b) consequential, special, indirect, exemplary or punitive losses; and (c) loss of profit, loss of data, loss of revenue, loss of goodwill and loss of savings, whether arising in contract, tort (including negligence) or equity or under statute.
  • 1.6“Cubic Weight” means the formula defined on the Carrier’s Website, which is currently calculated as the height x width x length x 250.
  • 1.7“Customer” means the person being either the shipper, consignor, owner of the Goods, or their Personnel (as an authorised agent) who has engaged the Carrier to provide the Services and includes the Receiver of the Goods where applicable.
  • 1.8“Goods” means the items provided by the Customer for carriage by the Carrier or otherwise in relation to the provision of the Services.
  • 1.9“Parcel Connect Agent” means the agent of the Carrier, at whose premises the Carrier may leave the Goods for collection by the Receiver.
  • 1.10“Perishable Items” means goods of a perishable nature, refrigerated items and/or items which need to be delivered within a limited time span. Such as; meat, fish, vegetable, fruits, agricultural items e.g. bees and flowers (including cut flowers).
  • 1.11"Personal Effects” means privately owned items, which are used/second-hand and usually worn/carried on the person, such as clothing and jewellery; and objects imbued with sentimental significance.
  • 1.12“Personnel” of a person means the officers, employees and contractors (including sub-contractors) and agents of that person.
  • 1.13“Receiver” in respect of Goods, means the person that is the nominated consignee or receiver of those Goods.
  • 1.14“Related Entities” includes parent and subsidiary companies.
  • 1.15“Services” means the services provided by the Carrier in connection with the carriage of the Goods including, the carriage, storage, loading, unloading, packing, unpacking, freight forwarding and all other services relating to the transport and/or storage of the Goods plus any incidental services as defined in the CCLA.

2. Interpretation

  • 2.1Unless the context otherwise requires, a reference to currency is a reference to New Zealand dollars.
  • 2.2Any reference to a party is to a party to the contract of carriage and other services created by these Conditions, and includes the legal personal representatives, executors, administrators, successors, and permitted assigns and substitutes of that part.
  • 2.3A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity.
  • 2.4A reference to includes is to includes without limitation, and different grammatical forms of “includes” will be interpreted accordingly.
  • 2.5Headings are for convenience only and will not affect the interpretation of these Conditions
  • 2.6A rule of construction does not apply to the disadvantage of a party because that party was responsible for drafting these Conditions or any part of them.

3. Application of the CCLA

  • 3.1The carriage of goods provisions in Part 5, Subpart 1 of the CCLA shall apply to the Services provided under these Conditions, and the relevant sections of the CCLA shall, in relation to any matter arising out of the provisions of those sections, have effect subject to any express terms contained in these Conditions.
  • 3.2No person has the authority to waive or vary these Conditions on behalf of the Carrier unless the waiver or variation is in writing and signed by the Carrier.
  • 3.3The terms of any other documentation with the Customer shall not diminish or negate the application of these Conditions to the provision of the Services.
  • 3.4All rights and limitations of liability in these Conditions shall continue in full force and effect notwithstanding any breach of these Conditions.

4. Sub-contractors

  • 4.1The Carrier may sub-contract the whole or any part of the Services and, without limitation, such authorisation extends to any franchisee or subcontractor of the Carrier.
  • 4.2Any and all claims in respect of these Conditions (including those in respect of the Goods or Services supplied under these Conditions or any other matter under these Conditions) that are raised or suffered by the Customer (if, and when they may arise) must:
    • 4.2.1be brought solely against the Carrier by the Customer and not against any member of the Carrier's Personnel; and
    • 4.2.2are subject to the exclusions and limitations of liability set out in these Conditions.

5. Ownership of goods

The Customer expressly warrants to the Carrier that Customer is the owner or the authorised agent of the owner of the Goods and is authorised to and accepts these Conditions not only for the Customer but also for and on behalf of all other persons who are or may hereafter become interested in the Goods.

6. Differentiation of Services

The Customer acknowledges that the Carrier offers a range of different products and services, which collectively form the Services. Those services are listed on the Carrier’s website.  The Customer acknowledges that the Services may change from time to time upon 30 days’ notice to the Customer, and the Customer agrees to regularly review the Carrier’s website to ensure it is aware of any changes.

7. The Customer Warranties

  • 7.1The Customer warrants that:
    • 7.1.1It or the person who tenders the Goods for carriage has the authority to provide the Goods to the Carrier for delivery and sign any consignment note or other documentation relating to the Services. The Customer accepts that once the Goods are provided to the Carrier, a payment is made, or a credit invoice is uploaded, the Customer is bound by these Conditions for the provision of the relevant Services in relation to those Goods.
    • 7.1.2Where the Customer is not the owner of the Goods, the Customer warrants it has full authority to act as agent of the owner of the Goods, or any other person having an interest in the Goods, for all purposes in connection with the carriage of the Goods by the Carrier under these Conditions, and the Customer indemnifies and shall keep indemnified the Carrier in respect of any loss or damage incurred by the Carrier by reason of the Customer’s breach of this warranty, except to the extent caused or contributed to by the Carrier’s own conduct.
    • 7.1.3It has complied with all laws and regulations relating to the nature, packaging, labelling and carriage of the Goods, and that (without limiting the implied warranties set out in s. 273 of the CCLA) the Goods are packed in a manner to withstand the ordinary risks associated with the Services and the Linehaul trucking operation having regard to the nature of the Goods. The Carrier will not be liable to the Customer under these Conditions for any Goods which do not comply with all laws and regulations and the Carrier’s packaging requirements as set out on the Carrier’s website, to the extent the Carrier proves the loss or damage resulted directly and without fault on the Carrier’s part from the breach. Packaging requirements can be found on the Carrier’s website at https://www.aramex.co.nz/tools/packaging-guide/.
    • 7.1.4All markings, branding and labelling of the Goods, descriptions, value and other particulars furnished to the Carrier for carriage, customs, consular or any other purpose are complete and accurate, and the Customer indemnifies and shall keep indemnified the Carrier against all loss, damage, expense and fines arising from any inaccuracy or omission in that respect, except to the extent the loss, damage, expense or fine was caused or contributed to by the Carrier or its Personnel.
    • 7.1.5It has complied and shall comply with the requirements of any applicable law or regulation, including all applicable IATA regulations for items offered for carriage by air, other provisions of the Transport Act 1962 relating to the transportation of hazardous substances, the Hazardous Substances and New Organisms Act 1996 and the Land Transport Rule: Dangerous Goods 2005 (Rule 45001).
    • 7.1.6It has complied with and shall continue to comply with the Prohibited Items Policy and Firearms Policy listed on the Carrier’s website at https://www.aramex.co.nz/tools/dangerous-goods/.
    • 7.1.7If the Customer is sending items internationally, it has complied and shall comply with all laws, regulations and the ‘International Terms and Conditions’ in relation to international consignments available on the Carrier’s website at https://www.aramex.co.nz/terms-and-conditions/conditions-of-carriage/international-terms-and-conditions/.
  • 7.2 The Customer warrants that:
  • The Customer acknowledges that if it does not comply with these Conditions, then it will be liable to pay the Carrier any amount the Carrier reasonably incurs to ensure compliance with these Conditions and also acknowledges that the Carrier reserves the right not to carry any non-compliant Goods.

8. Delivery

  • 8.1 The Carrier is authorised to deliver the Goods to the address nominated by the Customer and the Carrier may release the Goods to any person who presents themselves to the Carrier as the Customer, the Receiver or their Personnel or accepts the Goods on behalf of the foregoing.
  • 8.2 The Carrier shall
    • 8.2.1 provide a GPS pin drop or photograph in relation to the delivery of the Goods at the address listed on the consignment or, if applicable, and in accordance with the type of service purchased, shall obtain a receipt or signature confirming receipt of the Goods.
  • 8.3 The Customer acknowledges that any delivery address outside of the Aramex (New Zealand) network, will attract a surcharge for on-forwarder costs.
  • 8.4If the nominated place of delivery is unattended at the time delivery is attempted (and there is no ATL or eATL in place or there is no safe place to leave the Goods) or if delivery cannot otherwise be effected, the Carrier may, without being obliged to do so, store the Goods at the risk and expense of the Customer so that:
    • 8.4.1the Carrier may attempt one more re-delivery of the Goods to the Customer from the place of storage; or
    • 8.4.2 at the direction of the Customer, deliver the Goods to an alternate delivery address provided by the Customer, for an additional fee; or
    • 8.4.3 deliver the Goods to a Parcel Connect Agent . The Customer will be notified via email and/or SMS (if a mobile number and an email address have been provided) and collection instructions will be provided to the Customer. The Parcel Connect Agent will ask for:
        • 1. ID that shows that the Customer’s address is the same as the delivery address for the Goods; and
        • 2. The email and/or SMS notification.
    • An Authorised Person may collect Goods on the Customer’s behalf. They must present the same items of proof in order to collect the Goods. Any collection of personal information is subject to the terms of Aramex’s Privacy Policy available at https://www.aramex.co.nz/terms-and-conditions/privacy-policy/
    • 8.4.4 request that the Customer attend the Carrier’s premises to collect the Goods.
    • 8.4.5 If neither re-delivery nor pick up by the Customer can be effected within 7 days from the first delivery attempt, the Carrier may return the Goods to the sending Customer.
    • 8.4.6 Where the Goods are collected, or consigned for collection, the Carrier may release the Goods to any person who presents themselves to the Carrier as the receiving Customer or its agent, or are otherwise authorised to accept the Goods on the Customer’s behalf and the Carrier shall be conclusively presumed to have delivered the Goods in accordance with these Conditions if the Carrier obtains from that person a receipt, declaration or signature for the Goods.
  • 8.5 In the case of a Customer with a rural delivery address the definition of a rural delivery address will be at the sole discretion of Aramex (acting reasonably), delivery will be effected, for an additional fee, in one of the following ways:
    • 8.5.1 In the event where a Customer places a rural delivery label on the Goods, it will be delivered directly to a rural delivery contractor’s depot or agent for delivery by them, or
    • 8.5.2 It will be delivered to the nearest Aramex depot or agent for delivery by them.
  • 8.6 The Customer acknowledges and agrees that any damage or loss of any kind to Goods that have been delivered outside of the Aramex New Zealand network, including but not limited to a rural delivery address, are not covered and that any claims are to be dealt with in accordance with that rural delivery agent’s terms and conditions. Aramex does not accept any liability in relation to any claim in relation to the Goods or Consequential Loss, however caused.
  • 8.7 In all cases an electronic signature or signed delivery sheet will not be obtained for rural deliveries.
  • 8.8 Where the Goods are delivered to the Customer (or to any person who presents themselves to the Carrier as the Customer or Receiver or someone otherwise authorised to accept the Goods on behalf of the Customer) who prefixes their signature with an indication that inspection of the Goods is a prerequisite to acceptance, then the Goods must be immediately inspected with the actual delivery Carrier.

9. Variable Fuel Rate (VFR)

  • 9.1 The Carrier charges a Variable Fuel Rate (VFR) in accordance with the formula listed on the Carrier’s website at aramex.co.nz/tools/additional-fees-and-charges/
  • 9.2 The VFR is applicable to all Services and is non-refundable or transferrable.
  • 9.3 For any under ticketed Goods, the VFR will be applied on the additional fee applicable had the Goods been appropriately charged. Irrespective of the date of consignment, collection or delivery, the VFR charged on any under ticketed amounts will be the calculation current at the date of delivery.

10. Under-declared items and invoicing

  • 10.1 The Customer agrees that it will accurately provide all dimensions, including the dead and cubed weight for all Goods and that it will not under-declare the dead or Cubic Weight of any Goods.
  • 10.2 The Carrier will charge fees that relate to an item’s actual (dead) weight and Cubic Weight based on the greater of those amounts in relation to the Services.
  • 10.3 The Customer is responsible for ensuring that the correct labels, satchels, dynamic labels and electronic labels are used for the Goods.
  • 10.4 The Customer acknowledges that the Carrier has the right to check all dimensions, including the dead or Cubic Weight of all Goods, and if the Carrier detects that Goods have been under-declared, or where an incorrect label is used, resulting in an underpayment by the Customer for the carriage of the Goods, then the Carrier will calculate and apply the correct payment and raise an invoice for the difference, to be paid in accordance with the Customer’s standard payment terms. The Customer will be charged the difference between the Services paid and the amount the Customer would have paid if the Goods were correctly declared. The Customer also acknowledges that the Carrier will charge a fuel allowance on the difference as well as a reasonable administrative fee to cover the detection of the under-declared Goods, correct weighing of the Goods and preparation of the invoice for the difference.
  • 10.5 The Customer further acknowledges that the Carrier reserves the right not to provide the Services until the Customer has paid any and all outstanding invoices.

11. Responsibility for charges

  • 11.1 The Customer agrees to pay and shall be liable to the Carrier for all charges including, credit or debit card charges, Variable Fuel Rates, administrative fees and third-party costs incurred for any reason to provide the Services listed on the Carrier’s website at https://www.aramex.co.nz/tools/additional-fees-and-charges/.
  • 11.2 The Carrier’s charges for the Services including any Variable Fuel Rates, administrative fees and third-party costs and all other fees accrue as soon as the Goods are picked up, received or accepted for storage by the Carrier or its Personnel (including any agent).
  • 11.3 Subject to the Carrier’s obligations under law (including, to the extent applicable, the Consumer Guarantees Act 1993), all charges are non-refundable or transferrable and must be paid in accordance with the Carrier’s payment terms and conditions. Any outstanding charges will be immediately payable upon delivery of the Goods. The Customer is not entitled to a refund of any payment for Services unless otherwise specified in these Conditions, or at law, including the Consumer Guarantees Act 1993.
  • 11.4 The Customer cannot off-set any monies payable to the Carrier against any charges owed, or alleged to be owed, to them.
  • 11.5 The Customer shall be liable to the Carrier for any reasonable legal fees or debt collection costs incurred by the Carrier in relation to the recovery of outstanding charges.
  • 11.6 The Customer agrees and accepts that all prepaid labels, dynamic labels, electronic labels and satchels are not transferable, not refundable and that payment is due immediately upon receipt of, or access to, the labels and satchels.
  • 11.7 The Carrier reserves the right to review the charges for the Services and introduce reasonable surcharges as deemed necessary by the Carrier from time to time to cover the costs of providing certain Services. The Carrier will provide 30 days’ prior notice to the Customer of a review of the charges or the introduction of such surcharges and will incorporate the details of any changes to the charges or surcharges on the website at https://www.aramex.co.nz/tools/additional-fees-and-charges/

12. Lien

The Customer acknowledges that the Carrier has a lien on the Goods (and any documents relating to the Goods) and all other related items (and any documents relating thereto) of the Customer in the custody or control of the Carrier for any monies owing to the Carrier by the Customer in connection with the Goods and/or Services. The Carrier may sell the Goods or any of those items by public auction or private treaty to satisfy that obligation and all reasonable costs incurred by the Carrier for storage, cartage, or in relation to the sale. Any such sale shall not prejudice or extinguish the right of the Carrier to recover the full value of the monies to which the Carrier may be entitled. The Carrier will use reasonable endeavours to obtain market value for the Goods and any additional proceeds of sale, after the Carrier has deducted its reasonable fees and costs, will be paid to the Customer. Any unsold portion of the Goods will be returned to the Customer at their sole expense.

13. Nature of goods

  • 13.1It is the Customer’s responsibility to ensure that the Goods fit the Carrier’s courier parcel profile which can be found at https://www.aramex.co.nz/tools/packaging-guide/. Any Goods that are outside of the Carrier’s courier parcel profile may be refused at pick up and a reasonable pick up fee may be charged to the Customer, reflective of the additional time and associated cost incurred by the Carrier.
  • 13.2 The Customer must not provide to the Carrier:
    • 13.2.1 any Goods with a dead weight of more than 25kg, or a Cubic Weight of more than 40kg, or a length of more than 2.4 metres (inclusive of packaging), or any such other dead or Cubic Weight or length as advised by the Carrier in writing prior to acceptance of the Goods, or where the destination is deemed rural by the Carrier, the dead weight or Cubic Weight cannot exceed 25kg and the maximum length cannot exceed 1.5metres; or
    • 13.2.2 any volatile spirits, explosive goods or goods which are or may become dangerous, inflammable or offensive (including radioactive materials) (“Dangerous Goods”) without also presenting a full description disclosing the nature of the Goods or Dangerous Goods to the Carrier. The Carrier is entitled to refuse to accept for carriage any Dangerous Goods or, if accepted, without the nature of the Dangerous Goods being fully disclosed to the Carrier, to notify the Customer that it must arrange for collection of the Dangerous Goods at its cost once the nature of the Dangerous Goods is discovered by the Carrier.
  • 13.3 If, in the reasonable opinion of the Carrier, the Goods are or are likely to become of a dangerous, flammable, offensive, explosive, illicit substances, are of a volatile nature, or otherwise likely to cause damage to property or persons, then the Carrier may take any steps reasonably necessary to protect persons and property and render the Dangerous Goods harmless including the destruction, disposal or abandonment of the Goods at the cost of the Customer, and without prejudice to the Carrier’s rights to its charges under these Conditions. The Carrier will not be required to pay any compensation to the Customer in respect of any such action taken, including the loss or damage of the Dangerous Goods.
  • 13.4 The Customer will indemnify and keep indemnified the Carrier from and against all actions, suits, costs, damages, claims, proceedings or injunctions made or brought against the Carrier, including any fines or other penalties imposed upon the Carrier following any prosecution, arising out of the carriage, storage, spillage, escape, destruction, disposal or abandonment of any Dangerous Goods or arising out of the actions of the Customer contrary to the provisions of clause 7.1.6, except to the extent the relevant loss, damage or cost is caused or contributed to by the negligence or wrongful act of omission of the Carrier or its Personnel.
  • 13.5 The Carrier reserves the right to refuse to accept for carriage livestock, vehicle windscreens, ceramics, porcelain, cash or other similar valuables, antiques, memorabilia, Personal Effects, Artwork

14. Prohibited Items

  • 14.1 The Carrier has the sole discretion to declare certain items as Prohibited Items, which it does not carry under any circumstances. The list of Prohibited Items is available on the Carrier’s website at https://www.aramex.co.nz/terms-and-conditions/conditions-of-carriage/, which may be amended from time to time on 30 days’ notice. The Customer must regularly review the list of Prohibited Items to ensure it does not attempt to send any such items through the Aramex New Zealand network.
  • 14.2 If the Customer attempts to send any Prohibited Items via the Aramex New Zealand network, the Carrier has the right to refuse pick up or delivery of that item. The Carrier has the sole discretion to either return the item(s) to the Customer at the Customer’s sole expense, which will include a freight handling fee plus the applicable freight charges or require the Customer to pick the freight up from the depot.
  • 14.3 The Customer will indemnify and keep indemnified the Carrier from and against all actions, suits, costs, damages, claims, proceedings or injunctions made or brought against the Carrier, including any fines or other penalties imposed upon the Carrier for any reason in relation to the transportation of any Prohibited Items, except to the extent caused or contributed to by the Carrier or its Personnel.

15. Firearms and ammunition

  • 15.1 The Carrier has strict policies in relation to the transportation of firearms and ammunition. If the Customer wishes to arrange the transport of such items, it must strictly comply with the Firearms policy available on the Carrier’s website, which may be amended from time to time on 30 days’ notice. The Customer must regularly review the Carrier’s Firearms policy to ensure strict compliance before arranging the transportation of any firearms or ammunition with the Carrier.
  • 15.2 The Carrier has the sole discretion to refuse to pick up or deliver any firearms or ammunition, and for any reason. The Customer must comply with all reasonable requests by the Carrier in relation to the transportation of such items and complete any documentation or provide evidence of all valid licences and other evidence as requested by the Carrier.
  • 15.3 If the Carrier does not wish to transport any firearms or ammunition, the Carrier has the sole discretion to either return the item(s) to the Customer at the Customer’s sole expense, which will include a freight handling fee plus the applicable freight charges or require the Customer to pick the freight up from the depot in accordance with the Firearms policy.
  • 15.4 The Customer will indemnify and keep indemnified the Carrier from and against all actions, suits, costs, damages, claims, proceedings or injunctions made or brought against the Carrier, including any fines or other penalties imposed upon the Carrier for any reason in relation to the transportation of firearms or ammunition, except to the extent caused or contributed to by the Carrier or its Personnel.

16. Performance of Services

  • 16.1 The Customer may request that the Carrier provides the Services in a particular way (whether in relation to means of carriage, place of storage or otherwise). While the Carrier may agree to take reasonable steps to comply with such requests, it reserves the right to provide the Services in the way it reasonably considers appropriate in the circumstances.
  • 16.2 The Customer authorises any Services to be provided in accordance with the route of carriage or place of storage (if any) as the Carrier may deem appropriate or necessary (acting reasonably).

17. Additional Fees and Charges

  • 17.1 Customers should refer to the Carrier’s website in relation to any additional fees or charges that may be applicable in relation to the Services outlined on our website at https://www.aramex.co.nz/tools/additional-fees-and-charges/.
  • 17.2 Additional fees or charges may apply, including in the following circumstances:
    • 17.2.1 Parcel or satchel consignments that have an incorrect service code – which may incur a freight handling charge in addition to the correct service code fee.
    • 17.2.2 Where the Carrier has to reprint a label or manually generate a label to enable delivery.
    • 17.2.3 Duplicate labels (being labels showing barcodes used for previous consignments) - which should not be used. In the event that the Carrier is required to replace a duplicate label, a duplicate label fee may apply in addition to the correct freight charge.
    • 17.2.4 Accurate consignment data is due on the day of dispatch before the Goods are collected. If consignment data is not provided by this time, or if that data is inaccurate, an additional fee may apply.
    • 17.2.5 All Goods should be labelled with accurate pickup and delivery addresses. In the event that inaccurate and / or insufficient address details have been supplied, an additional fee may apply and any agreed service level agreement between the parties is void for the item(s) concerned.
    • 17.2.6 Incomplete consignments at the time of the arranged pickup may incur an incomplete consignment fee.
    • 17.2.7 If the Goods are returned to sender, a freight handling fee per consignment plus the applicable freight charges may apply.
    • 17.2.8 Redirection fees may apply to all consignments which the Carrier is requested to undertake.
    • 17.2.9 Any credit note request for uncancelled consignments will incur a cancellation fee per consignment that will be deducted from the credit note.
    • 17.2.10 The Customer shall pay any charge for demurrage at the rate charged to the Carrier directly or indirectly by any railway or shipping authority or other person.
  • 17.3 The Customer acknowledges that the above fees and charges are not a penalty, but a reasonable pre-estimate or else measure of the additional costs incurred by the Carrier to address the applicable circumstances.
  • 17.4The Carrier will use reasonable endeavours to inform the Customer of all price changes, but the Customer acknowledges that any contact information must be current and/or updated to receive notice of the changes.

18. Ownership

The Customer acknowledges that the business of the Carrier is owned and operated independently from that of Fastway Couriers (NZ) Limited, Related Entities and each of their Personnel, (“Aramex”), and its other operators (including franchisees, contractors and other third parties, their Personnel and all other owner/ drivers) in the Aramex New Zealand network, and that the Customer shall have no right of action whatsoever against Aramex or any of those other operators (including franchisees) other than the actual Carrier arising out of the carriage of Goods pursuant to these Conditions, except to the extent any loss or damage suffered by the Customer is caused or contributed to by Aramex, its Personnel or its other operators.

19. Export control and customs

  • 19.1 The Customer assumes the sole responsibility for compliance with all applicable export control laws.
  • 19.2 The Customer authorises the Carrier to act as the Customer’s agent for export control and customs purposes and to complete all documents as may be necessary or desirable in connection with the provision of the Services provided that the Carrier shall not be liable to act as the Customer’s agent in this respect.
  • 19.3 The Carrier may (but without obligation to do so) advance any duties, taxes, imports, outlays or charges at any port or place in respect of the goods and the Customer shall reimburse the Carrier on presentation of an invoice detailing those amounts.
  • 19.4 The Customer acknowledges that any untrue or fraudulent statement about the Goods may expose the Customer to a civil claim and/or criminal prosecution – the penalty for which may include the forfeiture of the Goods.

20. Indemnity

  • 20.1 The Customer indemnifies and shall keep indemnified the Carrier and its Personnel in respect of all liabilities arising from any breach of these Conditions by the Customer except to the extent that the relevant losses or damages are caused or contributed by the negligence or act or omission of the Carrier or its Personnel.
  • 20.2 The Customer indemnifies and shall keep indemnified the Carrier and its Personnel against all claims raised or suffered by it or a Receiver against the Carrier in respect of the Goods, the Services or any other matter under these Conditions, except to the extent that the relevant claim is caused or contributed to by the negligence or wrongful act or omission of the Carrier or its Personnel.

21. Limitation of Liability

  • 21.1 This contract for carriage is “at limited carrier’s risk”, in accordance with and subject to the provisions of the CCLA imposing a maximum liability of $2,000 (including GST) for direct loss of, or damage to, each unit of goods.
  • 21.2 The Carrier is not liable to the Customer for any injury, or damage to or destruction or loss of the Goods or any other property arising in connection with the provision of the Services; or the mis-delivery, delay in delivery or non-delivery of the Goods, except to the extent caused by the Carrier’s negligent or unlawful conduct or wilful conduct.
  • 21.3 The claims process and evidentiary requirements can be found in clause 22 and on the Carrier’s website, which are taken to be incorporated into, and form part of these Conditions.
  • 21.4 The limitations referred to in this clause are subject to law, and in particular do not limit the Carrier’s liability for any consumer guarantees under the Consumer Guarantees Act.
  • 21.5 The Carrier will not collect cash or any other payment on delivery of the Goods from the Receiver and the Customer remains liable for payment of the Services.
  • 21.6 As the liability of the Carrier is limited in accordance with the CCLA and as otherwise provided in these Conditions, the Customer is advised to secure their own additional insurance cover generally. No insurance will be effected by the Carrier for the benefit of the Customer.

22. Actions Against the Carrier

  • 22.1 The Carrier shall not be liable to the Customer for the damage or loss to any Goods unless:
    • 22.1.1 in the case of damage to the Goods, written notice of any claim, giving full particulars of any alleged damage or destruction, is received by the Carrier within seven (7) days after the delivery of Goods; or,
    • 22.1.2 in the case of loss of the Goods, written notice of any claim is received by the Carrier within thirty (30) days of the date of dispatch; and
    • 22.1.3 proceedings by the Customer have been brought against the Carrier in a Court of competent jurisdiction within twelve (12) months from the date on which the carriage should have been completed in accordance with the contract.
  • 22.2 All information reasonably requested by the Carrier, or any third-party claims administrator, in relation to the claim must be provided by the Customer in writing within thirty (30) days of the request being made.

23. Claims

  • 23.1 Neither party shall be liable in any event, for any Consequential Loss however arising, whether or not the party had knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest or loss of market.
  • 23.2 No claim or proceeding whatsoever may be made against Aramex, its Personnel or any of its regional or courier franchisees other than the actual Carrier.

24. Amendment of Conditions

The Carrier may amend these Conditions at any time upon 30 days’ notice to the Customer. For clarity, the Conditions in force on the date the label is printed by the Customer for the relevant consignment will apply.

25. Cubic conversions

When calculating the weight and measurement profile of any Goods submitted by the Customer to the Carrier, for domestic services within NZ, the Carrier will use the conversion of 200kg per cubic metre. Refer to the International Terms & Conditions for international cubic conversion.

26. Severance

If any clause or part of any clause in these Conditions is or becomes unenforceable, that unenforceability will not affect the enforceability of the remaining clause(s) or any other part of these Conditions.

27. Notice

Any notice given under this contract shall be deemed to be received if delivered or forwarded by registered post to the registered office of the party to which it is addressed or the usual or last known place of residence or business of that party.

28. Privacy Act 2020

The Carrier will comply with the Privacy Act 2020, and will collect, use and disclose a Customer’s personal information in accordance with the Carrier’s Privacy Policy as amended from time to time. Pursuant to the provisions of the Privacy Act 2020, the Customer authorises any person to provide the Carrier with information concerning the Customer’s financial affairs and credit history to enable the Carrier to assess the creditworthiness of the Customer, and the Customer authorises the Carrier to provide to any third party credit reporting agency or debt collection agency details of any credit application being actioned by the Carrier and/or any subsequent details concerning the Carrier’s credit worthiness.

29. Paramount Clause – Consumer Guarantees Act 1993.

Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of these Conditions will be read subject to that Act, and in the case of any conflict, the provisions of that Act prevail.

30. Electronic Messages

If the Customer has supplied their email address on the Customer Information form, the Carrier may occasionally email the Customer with information about their products, services and promotions on offer. In accordance with the Unsolicited Electronic Messages Act 2007, the Customer may at any time choose to opt out of receiving emails about products, services and promotions on offer by selecting the ‘unsubscribe facility’ in any email received. The Customer’s email will then be removed from any future emails about products, services and promotions on offer.

31. Force Majeure

  • 31.1 The Carrier is not liable for loss or damage to the Goods where the loss or damage wholly or partly resulted from causes beyond the control of the Carrier including natural disasters, pandemics, acts of war, civil unrest, strikes, lockouts, industrial disputes or arrest, government restrictions or intervention, transport delays, acts of God, breakdown of any equipment including vehicles, shortage of supplies or labour, or accidents (“Force Majeure Event”).
  • 31.2 Upon the occurrence of a Force Majeure Event, the Carrier has the right to immediately amend its Services, requirements of the Customer and/or process for an interim period in response to the Force Majeure Event. Notification of any such changes shall be provided on the Carrier’s Website. The Customer should regularly review the Carrier’s Website to ensure it is aware of any changes.

© Aramex Couriers Ltd T/A Aramex (New Zealand) – updated July 2026