Machinery Relocations 2024 Limited – Standard Terms and Conditions for Transport Services

Version: 4, Dated: 21 April 2026

Our Terms and Conditions

1. Definitions and general framework
   1. “MR 2024” means Machinery Relocations 2024 Limited (company number 9263040), trading as Machinery Relocations, and includes its employees, directors, agents and subcontractors.
   2. “Customer” means the person or entity named in the quotation, proposal, scope of
      work, credit application, invoice or other trading document issued or accepted by MR 2024
      and includes its representatives and permitted assigns.
   3. “Goods” include any machinery, plant, equipment, containers, materials or other
      items to which the Services relate.
   4. “Services” include carriage, lifting, handling, relocation, loading, unloading,
      storage, transitional facility services, coordination, labour and any ancillary or related
      services supplied by MR 2024.
   5. These terms apply to all Services supplied by MR 2024 unless MR 2024 agrees otherwise in
      writing.
   6. The accepted quotation, proposal or scope of work for a particular job is to be read
      together with these terms. If there is any inconsistency, the accepted quotation, proposal
      or scope of work prevails to the extent of that inconsistency for that job.
   7. The parties acknowledge that they are both in trade. To the maximum extent permitted by
      law, and where section 5D of the Fair-Trading Act 1986 applies, the parties contract out of
      sections 9, 12A and 13 of that Act.
2. Supply of services
   1. MR 2024 will provide the Services using reasonable skill and care and in accordance with any
      written specifications expressly agreed for the relevant job.
   2. The Customer must cooperate with MR 2024 and provide all information, access, decisions and
      assistance reasonably required for MR 2024 to perform the Services.
   3. MR 2024 operates standard hours from 0700 through to 1530, Monday to Friday. Rigger hours
      outside of this are invoiced at overtime rates. Rigger services on a public holiday are
      subject to an additional fee.
   4. MR 2024 may rely on information supplied by the Customer, including information about the
      Goods, pickup point, delivery point, site conditions, dimensions, weight, access, permits
      and timing.
   5. Any suggestions given by MR 2024 about site setup, relocation method, access, sequencing or
      practical options are provided to assist the Customer only and do not relieve the Customer
      of responsibility for its own decisions.
3. Customer responsibilities for sites, access and safety
   1. The Customer must provide clear, safe and legal access to the pickup point, delivery point
      and all relevant routes, including any permits, approvals, inductions and site access
      requirements needed for the Services.
   2. As commissioner of the work, the Customer is responsible for ensuring that site, ground and
      structural conditions at the pickup point and delivery point are suitable to support the
      equipment, vehicles, cranes, labour and methods reasonably required for the Services.
   3. The Customer is responsible for all packaging, draining, securing, labelling and
      identification of the Goods, including hazardous or dangerous goods disclosures and
      compliance with all relevant laws and standards.
   4. The Customer must ensure that the pickup point, delivery point and the Goods are in a safe
      condition for MR 2024, its employees and its subcontractors to perform the Services.
   5. The parties will each comply with their respective obligations under the Health and Safety
      at Work Act 2015 and will cooperate as PCBUs as required by law.
4. Decommissioning, recommissioning and specialist subcontractors
   1. Unless expressly agreed otherwise in writing, the Customer is responsible for
      decommissioning, disconnection, recommissioning, calibration, testing, commissioning,
      utilities, gas, electrical, water, waste and similar specialist work at the pickup point and
      delivery point.
   2. MR 2024 may engage specialist subcontractors where reasonably required. MR 2024’s preference
      is that such specialist work be contracted directly by the Customer wherever practicable.
   3. Where specialist subcontractors are engaged by or through MR 2024, MR 2024 will take
      reasonable care in selecting and instructing them, but subject always to these terms, the
      underlying specialist work remains the Customer’s responsibility.
   4. The Customer indemnifies MR 2024 against claims made against MR 2024 arising from the
      Customer’s failure to arrange, coordinate or safely manage matters that remain the
      Customer’s responsibility under this clause.
5. Delays, site difficulties and project changes
   1. Any time stated for performance, collection, delivery or completion is an estimate only
      unless MR 2024 expressly agrees otherwise in writing.
   2. MR 2024 is not liable for delay or failure caused by matters beyond its reasonable control,
      including access issues, permits, site readiness, traffic, weather, labour issues,
      third-party delay, regulatory interruption, technical complications, delayed and/or limited
      supplies and/or consumables or failures by the Customer or the Customer’s contractors.
   3. If unforeseen difficulties arise at the pickup point, delivery point or route between them,
      MR 2024 may pause work and confer with the Customer about a safe and practical way forward.
      If the original method or scope can no longer safely proceed, the original price or
      timetable may be revised, and MR 2024 may issue a revised quotation or variation.
   4. Any costs reasonably incurred by MR 2024 up to the point of suspension, delay, requote,
      remobilisation or scope change are payable by the Customer.
6. Carriage risk and insurance
   1. Where MR 2024 carries Goods on the Customer’s behalf, MR 2024 acts as a carrier under the
      Contract and Commercial Law Act 2017 (CCLA).
   2. Carriage services are supplied under a contract for limited carrier’s risk under the CCLA.
      MR 2024’s liability for loss or damage to Goods during the period of carriage is limited to
      the amount of the carrier’s limited liability for the time being under the CCLA, currently
      NZD 2,000 per unit of Goods, and only where the loss or damage arises from the fault of MR
      2024.
   3. MR 2024 does not accept liability for any declared value, special value or special risk
      unless MR 2024 expressly agrees in writing.
   4. The Customer should insure the Goods for full replacement value, transportation and
      relocation and for any other risk the Customer considers appropriate.
   5. For the purposes of this clause, a unit of goods is each pallet, package, item or other
      unitisation adopted by MR 2024 in accordance with the CCLA.
7. Start and end of carriage responsibility
   1. MR 2024’s period of carriage responsibility begins when MR 2024 accepts the Goods for
      relocation or collection at the pickup point and ends when MR 2024 delivers the Goods to
      the delivery point, or when MR 2024 is able to deliver but is prevented from doing so by
      the Customer’s act, omission or non-payment.
   2. Any claim under the CCLA must be made within 30 days after the end of MR 2024’s liability
      period.
8. Commissioning and post-delivery responsibility
   1. Upon delivery, the Customer is responsible for setup, recommissioning, calibration, testing
      and operation of the Goods at the delivery point.
   2. MR 2024 is not responsible for the operational performance, productivity, fitness, output or
      functionality of the Goods after delivery except to the extent that loss or damage is caused
      by MR 2024 during the period of carriage and subject always to the liability limitations in
      these terms.
9. General exclusion and limitation of liability
   1. To the maximum extent permitted by law, MR 2024 is not liable for loss of profit, loss of
      revenue, loss of savings, loss of goodwill, business interruption, consequential loss,
      indirect loss, special loss, or exemplary damages of any kind.
   2. Except for liability that cannot lawfully be excluded, MR 2024’s total liability arising out
      of or in connection with the Services, whether in contract, tort, equity, statute or
      otherwise, is capped at the amount paid to MR 2024 for Services during the previous 12
      months (for any and all claims arising). If the statutory liability cap in clause 6 applies,
      such liability cap shall apply in the first instance and no further amount may be claimed in
      respect of such losses. This clause 9 is intended to operate as an overarching total
      liability cap for any and all claims of the Customer arising in respect of the Services (any
      amounts paid in terms of clause 6 will form part of the total liability cap amount).
   3. The Customer must notify MR 2024 in writing of any claim not governed by the CCLA within 30
      days after completion of the Services, with reasonable particulars of the claim.
10. Quotations, price and variations
    1. Any quotation remains open for 30 days from its date unless it states otherwise.
    2. Any quotation is based on the assumptions, scope, timing and information stated in the
       quotation or reasonably assumed by MR 2024 from the information supplied by the Customer.
    3. If additional equipment, labour, time, subcontractors, permits, compliance documentation,
       site-specific requirements, safety plans, crane plans, inductions, waiting time, standby
       time, storage, disposal, packaging or other services are required beyond the quoted
       assumptions, MR 2024 may charge for them as a variation or additional amount.
    4. If no fixed price is stated, MR 2024 may charge for the Services at its current rates at the
       time of supply.
    5. MR 2024 may adjust pricing to reflect any reasonable increase in the cost of the supply of
       Services caused by matters beyond MR 2024’s control. This includes accepted quotes,
       estimates and time & materials structured jobs. Such price increases will be notified by
       MR 2024 to the Customer as soon as practicable and where possible before the Services
       commence.
11. Payment terms
    1. Unless a quotation, proposal or scope of work states otherwise in writing, the Customer must
       pay a deposit equal to 50% of the quoted price on acceptance of the proposal.
    2. MR 2024 is not required to schedule, mobilise, procure subcontractors or commence the
       Services until the required deposit has been received in cleared funds.
    3. The remaining 50% balance is due within 7 days of completion of the Services.
    4. MR 2024 may issue additional invoices for variations, standby time, delay costs,
       disbursements, subcontractor charges, increased costs of supply or other additional amounts
       not included in the original quoted price, and those invoices are payable within 7 days of
       invoice date unless the relevant quotation or invoice states otherwise.
    5. If the Services become staged, prolonged, suspended or materially altered, MR 2024 may issue
       progress invoices for work performed, costs incurred or commitments made to date. Those
       invoices are payable within 7 days of invoice date unless otherwise stated.
    6. The Customer must pay all undisputed amounts in full without set-off, counterclaim or
       deduction.
12. Default, suspension and recovery costs
    1. If the Customer does not pay any amount by the due date, MR 2024 may charge default interest
       at 2.5% per annum above the best overdraft rate available to MR 2024 from its principal
       bankers, calculated daily from the due date until payment in full.
    2. MR 2024 may suspend further work, withhold delivery, refuse to remobilise, store Goods, or
       exercise any lien or other legal right until all overdue amounts and related costs are paid.
    3. The Customer must indemnify MR 2024 for all reasonable costs of enforcing or attempting to
       enforce payment, including debt collection fees, legal costs, court fees, service agent
       fees, storage costs and other related expenses.
13. Liens and storage
    1. MR 2024 is entitled to a carrier’s lien over the Goods under the CCLA where applicable.
    2. In addition, the Customer grants MR 2024 a general lien over any Goods in MR 2024’s
       possession for all money owing by the Customer to MR 2024 on any account.
    3. Pending settlement of any claim or payment default, MR 2024 may move the Goods to any
       suitable premises for storage on notice to the Customer, and the Customer is responsible for
       storage and related costs.
    4. If the Goods are not accepted, or the Customer or delivery point cannot be found, MR 2024
       may store the Goods at the Customer’s cost and exercise any rights available under the CCLA
       or general law.
14. Personal property and site damage
    1. Unless MR 2024 is shown to have been grossly negligent, the Customer is responsible for loss
       or damage to site surfaces, grounds, services, footpaths, driveways, underground services,
       overhead services, fencing, signage, adjacent structures, vehicles and similar property
       where that loss or damage arises from site conditions, access constraints or the Customer’s
       directions or assumptions.
    2. Nothing in this clause limits any liability MR 2024 cannot lawfully exclude, but the Customer
       acknowledges that site condition and access risk is fundamentally allocated to the Customer
       under these terms.
15. Assignment and changes in legal structure
    1. The Customer may not assign or transfer its rights or obligations without MR 2024’s prior
       written consent.
    2. The Customer must promptly notify MR 2024 of any change in ownership, trusteeship,
       partnership composition, control, legal structure or trading status. MR 2024 is not required
       to notify the Customer of any change in ownership, trusteeship, partnership composition,
       control, legal structure or trading status or in respect of any subcontracting and/or
       assignment of its Services in whole or in part.
16. Governing law
    1. These terms and any dispute arising out of them are governed by New Zealand law.
    2. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.