1. Definitions and Interpretation

1.1 In these Terms and Conditions (“Terms”), unless the context otherwise requires:

• CT Express means CT Express Logistics Limited, a company incorporated in New Zealand, and includes its successors, assigns, agents and subcontractors.
• Client means any person or entity requesting Services from CT Express and includes the Client’s successors, permitted assigns, trustees, directors and guarantors.
• Services means all logistics, freight forwarding, warehousing, storage, handling, customs brokerage coordination, delivery and related services provided by CT Express.
• Goods means all cargo, items or property in relation to which the Services are provided.
• Contract means these Terms together with any quotation, account application, invoice, service order or other document issued by CT Express.

1.2 If there is any inconsistency between these Terms and any other document, these Terms shall prevail unless expressly agreed otherwise in writing by CT Express.

2. Formation of Contract

2.1 A Contract is formed when the Client: (a) accepts a quotation; (b) submits a service request; or (c) delivers Goods to CT Express or authorises CT Express to handle Goods on its behalf.

2.2 The Client acknowledges that these Terms apply to all Services provided by CT Express unless otherwise agreed in writing.

3. Scope of Services & Freight Forwarding Status

3.1 CT Express acts as a freight forwarder, logistics service provider and/or warehouse operator only, and not as a carrier, unless expressly agreed in writing.

3.2 Where CT Express arranges transportation or other third-party services, such services are provided as agent for the Client, and the Client authorises CT Express to enter into contracts with third parties on the Client’s behalf.

4. Client Responsibilities

4.1 The Client warrants that: (a) all information provided regarding the Goods is accurate, complete and lawful; (b) the Goods are properly packed, labelled and compliant with all applicable laws; (c) it has legal title to or authority over the Goods.

4.2 The Client is solely responsible for all customs duties, taxes, MPI, biosecurity, quarantine, inspection, storage, destruction or return costs arising in connection with the Goods.

5. Risk, Insurance and Storage

5.1 Risk in the Goods remains with the Client at all times, including during transit, handling, storage, inspection and delivery, except to the extent expressly required by law.

5.2 CT Express does not provide insurance for the Goods unless expressly agreed in writing. Any reference to insurance coverage is subject to policy terms, exclusions and limits.

5.3 Where Goods are stored in CT Express’s warehouse, they are held at the Client’s sole risk. CT Express shall not be liable for loss of or damage to Goods except to the extent caused by CT Express’s proven gross negligence.

5.4 CT Express may charge storage, demurrage, detention and handling fees for Goods not collected, cleared or released when required.

6. Delivery, Transit, Abandonment and Delays

6.1 Any transit time, delivery date or timeframe provided by CT Express is an estimate only and shall not constitute a guarantee or contractual commitment.

6.2 CT Express shall not be liable for any delay, non-delivery or failure to perform the Services caused by events beyond its reasonable control, including port congestion, carrier schedules, customs or MPI actions, industrial disputes, weather events or governmental decisions.

6.3 If the Client fails to collect, clear, pay for or accept delivery of the Goods within a reasonable time, CT Express may, without notice: (a) store the Goods at the Client’s risk and expense; (b) return the Goods to origin; (c) sell the Goods and apply proceeds towards outstanding charges; or (d) abandon or destroy the Goods where required by law or reasonably necessary.

7. Charges and Payment

7.1 All charges are payable in accordance with CT Express’s invoice terms. Unless otherwise agreed, payment is required prior to release of Goods.

7.2 CT Express may suspend Services or withhold delivery if payment is overdue.

8. Lien, Right of Sale and Security Interest (PPSA)

8.1 CT Express has a continuing lien over the Goods and any proceeds thereof for all amounts owing by the Client.

8.2 If any amount remains unpaid, CT Express may sell, dispose of or otherwise deal with the Goods without liability and without prejudice to any other rights.

8.3 These Terms constitute a security agreement under the Personal Property Securities Act 1999, and the Client waives all rights to receive verification statements to the extent permitted by law.

9. Exclusions and Limitation of Liability

9.1 CT Express shall not be liable for any indirect, consequential or economic loss, including loss of profit, loss of market, loss of opportunity, loss of data or business interruption.

9.2 CT Express gives no warranty or guarantee that the Goods will clear customs, MPI, biosecurity or quarantine requirements, and shall not be liable for any seizure, inspection, delay, destruction, re-export, penalty or fine imposed by any authority.

9.3 Where CT Express arranges carriage, transport, warehousing or other services by third parties, CT Express acts as agent only and shall not be liable for the acts, omissions or defaults of such third parties.

9.4 To the maximum extent permitted by law, CT Express’s total liability arising out of or in connection with the Services shall be limited to the lesser of: (a) NZD $2,000 per unit of Goods lost or damaged; or (b) the fees charged by CT Express for the Services giving rise to the claim.

10. Claims

10.1 Any claim must be notified in writing within five (5) days of delivery or availability for collection, failing which the claim shall be deemed waived.

11. Indemnity

11.1 The Client indemnifies and holds harmless CT Express against all losses, costs, damages, fines, penalties and expenses arising from: (a) any inaccuracy, omission or misrepresentation relating to the Goods; (b) breach of these Terms; (c) customs, MPI, biosecurity or regulatory action; or (d) any act or omission of the Client or its agents.

12. Default, Suspension and Termination

12.1 CT Express may suspend or terminate the Services immediately if the Client fails to make payment when due, breaches these Terms or becomes insolvent.

12.2 Termination shall not affect any accrued rights or obligations of the parties.

13. Confidentiality and Intellectual Property

13.1 Each party must keep confidential all confidential information received under this Contract.

14. Privacy

14.1 CT Express will collect and use personal information in accordance with the Privacy Act 2020 and applicable data protection laws.

15. Electronic Transactions

15.1 The parties agree that electronic signatures and communications are binding under the Contract and Commercial Law Act 2017.

16. Force Majeure

16.1 Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including acts of God, war, terrorism, strikes, port disruptions, epidemics or government restrictions.

17. Customer Acknowledgement and Acceptance

17.1 The Client acknowledges that it has read, understood and accepted these Terms, including all exclusions, limitations of liability and indemnities, and agrees that these Terms form part of every quotation, service request and transaction with CT Express.

17.2 Acceptance of these Terms may be evidenced by any of the following: (a) written or electronic confirmation; (b) acceptance of a quotation; (c) submission of a service request or shipping instruction; or (d) delivery of Goods to CT Express or authorisation for CT Express to handle the Goods.

18. Governing Law

18.1 These Terms are governed by the laws of New Zealand and subject to the non-exclusive jurisdiction of the New Zealand courts.