INTRODUCTION

This Agreement (“Agreement”) is made between Move You Limited (“We, Us, Our”), the owner of the domain name moveyou.nz and the website associated with that domain name (“Our Website”), AND Our Customer (“Customer, You, Your”) and includes these Terms and Conditions (“Terms”) for the Carriage (“Carriage”) of goods, where Carriage shall mean all business undertaken by Us, including but not limited to, the provision of any product, advice, information or service.
We only accept goods for Carriage under these Terms except where any variation to these Terms is acknowledged in writing by Us.
In these Terms, singular words shall include the plural and vice versa.
If a Customer is more than one person engaging Us for Carriage, then each person shall be bound jointly and severally liable under these conditions.
If a Customer is a legal identity then the directors, partners, board members, where there is a board, or members, where there is no board, of that entity, and any person who provides authorisation to Us on behalf of the Customer shall be bound jointly and severally liable under these conditions.

CUSTOMER AUTHORITY

You affirm that You have the full right, power and authority to authorise the removal or storage of the goods and entry upon the premises to handle goods.  The Customer shall indemnify Us against all claims in respect of any loss, damage or liability against Us from the handling of any goods or the entry upon any premises to handle goods, or any other act or omission by Us, in Our reasonable performance of Our obligations under these Terms.
The Customer, or a person the Customer authorises in writing, shall be present at loading and unloading and will ensure that no article required to be removed is left behind; no goods or fixtures are taken away in error; any articles left in unoccupied premises are protected; any water, gas, electrical or other connections have been checked to ensure they are safe.
The Customer shall obtain at the Customer’s own cost any documents, permits, and licenses necessary for the removal of the goods to be completed.

CARRIER RIGHTS AND LIABILITY

We may enter into any contract with any sub-contractor to carry out the whole or part of the Agreement, and any employee of, or sub-contractor to, Us has the right to rely upon these Terms for all work performed as part of this Agreement.
We will endeavour to carry out work within the time desired but shall not be liable for loss through any delay beyond its control. In any event, Our liability shall not exceed that otherwise provided for in this Agreement.
We shall not be bound to deliver the goods to any person except to the Customer or a person the Customer has authorised in writing, only after full payment for Carriage has been made.
We may obtain and disclose credit reference information about the Customer on opening an account with Us or whenever the Customer is in default of these Terms.

INSURANCE

Insurance is NOT provided as part of this Agreement, as provided for in the Contract and Commercial Law Act:
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 the carrier intentionally loses or damages them. 
Moving has its inherent risks; there is a risk of marking/scuffs to door frames, internal walls and stairwells, especially when handling large furniture and whiteware items. Whilst the risk is low, all work at either the loading or unloading site will be carried out at “Owner’s Risk”.
Should our staff be instructed by the property occupier or any person acting on their behalf to drive, park or manoeuvre vehicles in or near an area where damage may be caused by vehicles to lawns, driveways, footpaths, underground pipes, cables, sewerage and other underground installations, such action shall be at “Owner’s Risk”.
This does not deny You any rights You may otherwise have under the Consumer Guarantees Act.

GOODS NOT ACCEPTED FOR CARRIAGE

We are not a common Carrier and do not undertake the obligations or liabilities of one. We may refuse to accept for Carriage any goods or class of goods and shall not be obligated to give any reason for Our refusal to do so. You shall not give to Us for packing, removal or storage any article or substance that is, or is likely to be: dangerous, corrosive or easily flammable; capable of being spilled; perishable; stolen; prohibited or requiring a special permit; infested or likely to encourage vermin, insect or other pest; a living thing.

WORKS NOT INCLUDED

Unless expressly mentioned in the pricing provided to You by Us, We are not responsible for: fitting or laying of carpets or floor coverings; the removal or fixing of any fittings or chattels; the disconnection or reconnection of any appliance; the hanging of pictures, curtains or other effects; the cost of disassembly or assembly of items; the cost of special packaging needed for the safe transport of fragile articles; the making of a detailed inventory of goods packed in any containers; the cost of specialist equipment and personnel; the cost of tolls, ferries, parking fees; any fines or costs incurred due to instruction provided to Us by the Customer or the failure of the Customer to obtain any documents, permits, licenses necessary for removal of the goods to be completed.

PRICING

Charges shall be at the rates shown on the Rates Schedule that forms part of the Terms in force at the time of confirmation of booking by Us to You.

Any price guide we provide prior to the move is Our estimate based on our experience with similar moves, however, the final price charged will reflect the actual hours taken to complete the move.  Further, the customer acknowledges that delays not under Our control include but are not limited to the goods not being ready for uplift, accidents, traffic, access issues, settlement issues, strikes, civil unrest, government action, and acts of nature. Any interruption or postponement or services not specified in the price that increases Our cost will be covered by extra charge to the Customer.

DEPOSIT

A deposit equal to the amount of the total price provided by Us in Our pricing to You is required by cleared funds not less than 24 hours in advance of the Carriage date booked, except where the booking is confirmed by Us less than 24 hours prior to the Carriage date booked in which case deposit shall be due prior to commencement of Carriage, or unless We waive the deposit requirement.

POSTPONEMENT or CANCELLATION

No postponement or cancellation fee shall apply provided that You advise Us in writing by email or text message not less than 24 hours prior to the Carriage date and time booked. Where the Customer fails to advise Us in writing at least 24 hours prior to the Carriage date and time booked a cancellation or postponement fee equal to the minimum charge as set out in the rates shown on Our Rates Schedule shall apply. Any postponement or cancellation fee shall be immediately due together with any charges for any cost of Carriage already provided or incurred by Us in relation to this Agreement.

INVOICE

Upon completion of the Carriage, We shall issue an Invoice. If the Invoice for Carriage is less than any deposit paid to Us, We will refund the difference. If the invoice is more than any deposit paid to the Us, We will charge the Customer the difference, which shall become immediately due and payable unless We agree in writing to a later due date, in which event payment will be due and payable on the due date advised by Us in writing to the Customer.

PAYMENT

Payment is to be made on or before the day of the move by funds transfer. Employees or sub-contractors of Us are NOT authorised to make other arrangements or to accept payment in cash or on account unless this has been agreed to in writing by Karl Westwell in his capacity as Director of Move You Limited.

LATE PAYMENT

If payment for Carriage is not made in full by the due date an administration fee equal to one hour of additional labour as shown in pricing in Our Rates Schedule at the time payment is due, shall be added to the charges and We shall be entitled to charge interest at the rate of 7% above Our bank's overdraft base rate of interest at the time from the date payment is due until the actual date of payment on both the original debt and any costs incurred in the collection of the debt: If We engage the service of debt collection agencies to recover any debt due to Us under this Agreement, all associated costs are for the Customer’s care; if We pursue arbitration or court proceedings, then any additional costs permitted shall be for the Customer’s care.

NOTICES

Any notice or other communication may be given or served upon the Customer by ordinary pre-paid post or email at the last address or email known to Us for the Customer.

Any notice or other communication may be given or served upon Us by the Customer either by ordinary pre-paid post to Our postal address Move You Limited (Mt Maunganui), 89 MacDonald Street Timaru 7910 or to the Our email address moveyounz@gmail.com.

Any notice or communication given or served shall be deemed to have been received on the 7th day after the day on which it was posted if given or served by ordinary pre-paid post or on the same day on which they were transmitted by email.

MISCELLANEOUS

These Terms shall prevail over the Terms and Conditions set out in any document or Agreement purported to have a contractual effect by the Customer, the owner, or any other person having an interest in the goods except that where the provisions of the CGA apply these Terms shall be subject to the provisions of the CGA. These Terms shall in no way vary the Our rights under any statutory protection.

These Terms shall be interpreted according to the laws of New Zealand and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts.

These Terms constitute the entire Agreement between the parties and supersede and extinguish all earlier negotiation, representations, understandings and Agreements, whether oral or in writing.