TERMS & CONDITIONS

Definitions

In these Conditions the following definitions apply:
  1. Container Services means the transportation, handling, cleaning, washing, sanitisation, fumigation, disinfecting, storage, treatment, sealing, re-sealing or storage of containers; the servicing of, and carrying out repairs on containers; or any other associated activity.
  2. "Containers" in this text is a subcategory of the broader category “Goods”, and includes any shipping container, shipping container part, modified container, tank-type container, flat rack, or other item reasonably considered shipping units;
  3. Goods may also refer to any trailer, vehicles, plant or equipment.
  4. Services means Container Services.
  5. Charges include any fees, charges, interest, expense reimbursement or other money or consideration payable to ContainerBase by the Customer.
  6. Subcontractor means any person (including a person operating a railway) we use to perform all or part of the Services instead of us, and any person who is an agent or subcontractor of such a person.
  7. Us or we or our means ContainerBase, any of our agents or subcontractors, and any related body corporate of ContainerBase Ltd.
  8. Customer means the person, firm, company or organisation by whom or on whose behalf Container Services are performed.
  9. You or your includes your employees, agents, contractors, sub-contractors, assignees or representatives.
  10. In these conditions of agreement, any word suggesting a singular/plural number or assigning a gender shall be read as meaning either or both a plural/singular number, and any gender, the case may require.
  11. The Customer and ContainerBase agree that these conditions of agreement are the standard terms and conditions for all work done or services rendered by or on behalf of ContainerBase and they may not be varied except by written agreement.

Container Services

1) Application of conditions

  • 1.1 These conditions apply to any services we perform for you, or any services a third party performs for you.
    • 1.1.1 They also apply to any work we have to do, or reasonably do, in addition to the work we quote for.
  • 1.2 These conditions continue to apply despite any breach by us or a Subcontractor, we may refuse to deal with a container for any reason.
  • 1.3 When you (including one of your Subcontractors) give us a container for the provision of Services (including storage), you are acting as agent for each person who has an interest in the container.
  • 1.4 When you ask us to provide Services, you or any person who signs any document on your behalf has authority to accept these conditions.
  • 1.5 ContainerBase reserves the right to refuse service in accordance with New Zealand law.

2) Our Services

  • 2.1 We are entitled to open any container (empty or full) in order to inspect them; this might be to find out their nature, condition, for the provision of services, and to establish who owns them.
  • 2.2 If we think that a container may become dangerous or offensive, we may do anything we believe appropriate to avoid or minimise any loss, damage, deterioration, or offence.
    • 2.2.1 This includes removing or rejecting the container from our premises.
    • 2.2.2 This does not affect any other rights we may have if the container is dangerous or offensive.
  • 2.3 We are entitled to use a Subcontractor to perform all or part of the Services instead of us.
    • 2.3.1 We enter into this contract as an agent or trustee for that Subcontractor.
    • 2.3.2 Each of them is a party to the contract we enter into with you.
    • 2.3.3 The contract applies as if the Subcontractor were us.
  • 2.4 We intend to perform the Services necessary to repair or upgrade the Goods to the condition you nominate.
    • 2.4.1 We intend to follow any instructions you give us in relation to the handling, storage, acceptance, and release of containers. However, we are entitled to depart from those instructions if it is reasonable to do so.
    • 2.4.2 This might include refusing service to a carrier you’ve nominated, or altering the premises where a container is stored. We will inform you if we depart from your instructions, and give you the reason.
    • 2.4.3 We also reserve the right to depart from those instructions in order to comply with a relevant government authority. We will inform you if we depart from your instructions, and give you the reason.
  • 2.5 The Goods are not insured by us, nor will we make insurance arrangements for the customer
  • 2.6 If you do not collect or arrange for the collection of Goods at the completion of container Services within a reasonable time, we may choose to store the Goods at our standard rate, or return them to you.
  • 2.7 We reserve the right to limit the numbers of containers we store for you. Without prior arrangement in writing we reserve the right to;
    • 2.7.1 Ask that containers stored for you are uplifted from our premises, or apply additional charges to groups or individual containers, after they have been stored longer than 30 days.
    • 2.7.2 Review pricing of containers dwelling longer than 90 days of storage time.
  • 2.8 When we provide container Services, we may use products, methods or treatments that affect the container or the surface or components of the container.
    • 2.8.1 When we use those products or perform those services, we will do so with your consent.
    • 2.8.2 When other Container Service providers have used those methods or products, and it has adversely affected the container, we do not accept responsibility or liability for customer rejection.
  • 2.9 When performing Container Services, we reserve the right to perform and charge for reasonable related activities necessary for the completion of that service, at our standard rate for those related activities. (For examples, charges relating our plant in performance of a service by your contractor).
    • 2.9.1 From time to time, customers may require additional administrative tasks, or alterations to existing tasks (for example, altering the formatting of an Electronic Data Interchange message). ContainerBase reserves the right to charge for any costs incurred in completing these tasks.
  • 2.10 We have the right to ban anyone from our premises at any time and for any reason, but especially in regards to potential Health and Safety problems, or a failure to follow reasonable ContainerBase Staff instructions.
  • 2.11 We reserve the right to apply levies for costs applied to containers that are outside of its control; this includes compliance costs related to legislation.

3) Your obligations in relation to services

  • 3.1You must comply with all laws relevant to Container Services.
    • 3.1.1 You, and all your contractors and subcontractors, must comply with our reasonable requests, standards, policies and procedures. This includes your subcontractors completing a ContainerBase licencing procedure and holding a current licence to operate on our premises
  • 3.2 To help us comply with the law, and complete services safely and efficiently, you must:
    • 3.2.1 Complete an induction before entering our site
    • 3.2.2 Comply with all staff instructions, placards, signs, and signals.
    • 3.2.3 Give us an accurate description of the container, and pre-advise us of its arrival
    • 3.2.4 Tell us if the container is, or once stored goods that were, dangerous or offensive
    • 3.2.5 Provide us all with necessary documents and information to enable us to comply with the law;
    • 3.2.6 Provide us all with necessary documents and information (including packing declarations, manifests, etc) to ensure we can safely and properly clean or treat a container, and then issue it an accurate treatment certificate or cleanliness declaration.
    • 3.2.7 If there is an investigation or enquiry from a relevant government authority for any reason, you will help us comply with that investigation or enquiry.
  • 3.3 We have obligations under any quarantine and customs laws, as well as accreditation programs, compliance agreements, and other schemes. You agree that you must not do anything that puts these at risk, or has the potential to put these at risk.
  • 3.4 Nothing in these terms removes the expectation that you will operate on our site in a sensible, safe, and sound manner
    • 3.4.1 Incidents resulting from non-standard operation or non-compliant activities will be at your risk.
  • 3.5 These terms cannot be waived by you without our prior written consent.

4) Leasing and Sales Customers

  • 4.1 When you sell or leases a container, unless agreed otherwise in writing;
    • 4.1.1 ContainerBase will take no administrative part in the sale or lease; this includes, for example, the collection of money owed to you, arranging the organisation of transport, or interacting with your customers on your behalf.
  • 4.2 When it is specifically agreed in writing that we will complete a specific task – for example collect sale proceeds for you – an administration charge will apply to you (which will be adjusted from time to time).
  • 4.3 All services performed by us, including lifts and surveys, will incur charges against you regardless of whether the container is subsequently repaired, repositioned, leased, or sold.
    • 4.3.1 It is agreed that “Off-hire” surveys are more complex, and a reasonable surcharge will be added to the standard surveying rate.
  • 4.4 ContainerBase will assist with the stock control programme of your choosing (for example FIFO, allocated numbers, etc) but reserves the right to charge for additional lifts when your desired container requires more then 3 lifts to access.

5) Payments

  • 5.1 You must pay us for our Services in accordance with our quotes, estimates and charges.
  • 5.2 You must pay us when we complete the Services and issue you with an invoice for those Services.
  • 5.3 Unless otherwise agreed in writing by ContainerBase Ltd, the Customer will pay all charges within 7 days of the date of invoice.
    • 5.3.1 Late payment will mean the customer pays interest at 10% pa on any charges not paid by the due date, plus any costs or expenses incurred by ContainerBase Ltd in recovering payment.
    • 5.3.2 We reserve the right to refuse the release of containers until bills are paid in full.
  • 5.4 You can arrange for someone else to pay any charges you incur. However, you remain liable to us if they do not pay.
  • 5.5 You must pay us an additional reasonable charge in each of the following cases:
    • 5.5.1 We (or a Subcontractor) perform Services (reasonably) in addition to the Services we quote for.
    • 5.5.2 You store a container longer than 90 days, and you have not arranged in writing for an extension of storage.
    • 5.5.3 We are required to perform services for third-party contractors arranged by you operating on our premises.
  • 5.6 Unless with a written agreement, you must pay us the amount we have to pay, or a relevant Subcontractor has to pay, for any product or part of product purchased in the course of providing the Services that wasn’t covered by the Service charge.
  • 5.7 You agree that we have a lien over the containers (and any related documents), and over any other Goods or property of yours in our possession. This acts as security for payment of any money you owe us.
  • 5.8 If you do not pay your charges, we may sell these without giving you notice after 90 days of your non-payment. We will offset the amount we receive against the money you owe us.
  • 5.9 If the money raised in this fashion does not cover the full amount of the debt, we reserve the right to take further action to recover the remainder.
  • 5.10 This does not affect any other rights we may have.

6) Liability

  • 6.1 For any container:
    • 6.1.1 They will be stored and handled at owners risk.
    • 6.1.2 Outside Services, including third party providers operating in your behalf on our premises, are undertaken entirely at your risk.
    • 6.1.3 Unless we arranged transport and in writing have stated otherwise, we are not liable under any circumstances for third-party delays, mis-delivery, or total failure to deliver containers either inward or outward from our premises.
    • 6.1.4 If a container is mis-delivered to our premises then you can either:
      • 6.1.4.1 Arrange with us to store that container with us and contract us for Container Services as per our standard rate, or a rate which you have agreed with us in writing
      • 6.1.4.2 Arrange at your own expense to uplift and remove the container, paying any charges incurred by the use of our plant in that process.
  • 6.2 Although we intend to complete the Services to a high standard, ContainerBase does not guarantee repairs and/or maintenance carried out on containers for longer than 45 days after the repair is completed.
  • 6.3 For our Container Services, our liability is limited to the lesser of:
    • 6.3.1 the replacement or cost of the Goods, or the supply of equivalent Goods;
    • 6.3.2 the repair or cost of repair of the Goods;
    • 6.3.3 supplying the Services again;
    • 6.3.4 payment of the cost of having the Services supplied again.
  • 6.4 ContainerBase shall not be liable for any consequential loss (including loss of profit) arising in for any reason whatsoever or howsoever caused (including but not limited to any negligent or wilful act of default by ContainerBase).
  • 6.5 As a condition or us providing our Service, any action must be commenced within 12 months of the inward date the containers to our premises;
  • 6.6 We are not liable for damage or the deterioration of containers (including to the surface or components of containers) that may occur due to the use of products, methods or treatments used in accordance with agreed work.
  • 6.7 We are not liable for the deterioration of containers, including but not limited to the surface, components, or structure of containers, that occurred due to length of time they were stored on our premises.
  • 6.8 In relation to Container Services, our estimation of the condition of Goods (“the survey”) is valid for 45 days only from the date the survey was undertaken.
    • 6.8.1 After 45 days, the survey will be considered “expired.”
    • 6.8.2 Re-survey will be conducted as requested on both expired and non-expired Goods, at your expense.
    • 6.8.3 If containers are released without a current survey, ContainerBase accepts no liability in relation to the condition of these expired containers, and no claim or action will be accepted on those goods.
  • 6.9 In relation to accepting containers into our premises; no signature granted by us to you during the acceptance process of the containers can be taken as an indication of the containers having been received in good order, or as proof of the containers condition at that time.
    • 6.9.1 The condition of the containers at the time of the first survey will be deemed the condition of the containers as received onto our premises.

7) Claims

  • 7.1 If you think you have a claim against us or a Subcontractor, you must make it against us and no-one else.
  • 7.2 The claim must be in writing.
  • 7.3 It must reach us within 90 days of the date the Goods were released or should have been released.
  • 7.4 You have no claim in any circumstances against any person (including a Subcontractor) except us.
  • 7.5 Under no circumstances (subject to clause 5.5) will any payment be refunded or credited without written permission from us; no claim or counter claim shall constitute any ground for deferring, off-setting, or withholding payments owed by you.
  • 7.6 ContainerBase will act in accordance with the relevant laws of New Zealand.

8) Your indemnity to us

  • 8.1You continually indemnify us against any liability or expense we incur as a result of:
    • 8.1.1 A breach of these conditions by you;
    • 8.1.2 Any breach or failure by you regarding New Zealand law,
    • 8.1.3 Any loss or damage suffered by you or any other person that is caused by or arises because the container was dangerous or offensive, whether or not you informed us that those containers could be dangerous or offensive;
    • 8.1.4 Any loss or damage suffered by you or any other person that arises out of the performance of Services by us.

9) Force Majeure

  • 9.1 Neither you or us shall be liable for any complete or partial failure to perform or delay in performing any services, arising out of or contributed to by any failure or delay of any act or action whatsoever caused beyond the control of either you or us and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.

10) Privacy Act

11) Rates Schedule

  • 11.1 These are the standard charges and rates for our services in force at the time of providing those services and published on our website. These prices will apply unless otherwise agreed to in writing.

12) Jurisdiction

  • 12.1 The contract between you and us is governed by the law of New Zealand regardless where it was entered into. A proceeding in respect of any matter or thing dealt with by these conditions must only be instituted in New Zealand.