Terms of trade
Terms and conditions
It is agreed that these Terms contain the entire agreement between the Peach Transitions and the Customer and that there are no promises, terms, conditions or obligations and no warranties or representations, other than those contained in this contract or otherwise required by law.
Price and Payment
Upon the Customer requesting the Goods/Services from Peach Transitions, Peach Transitions will pre-book shipping space and forward the following to the Customer via the email address supplied to Autohub:
- notification of the intended shipping details;
- estimated time of arrival; and
- An invoice for the Goods/Services which may include a non-refundable deposit payable on issue of the invoice.
The Price shall be that as indicated on any invoice issued at any time to the Customer.
Peach Transitions, in its sole discretion, reserves the right to change the Price if the Customer requests a variation. Any costs whatsoever associated with any variation will be charged and shown as variations on the invoice issued by Peach Transitions to the Customer. The Customer shall respond to any variation invoice submitted by Peach Transitions within 3 working days from receipt of the same from Peach Transitions (time being of the essence). Failure to do so will entitle Peach Transitions to add the cost of the variation to the Price. Payment for any and all variations must be made in full by the Customer to Peach Transitions at the time of their completion and, in any event, prior to any Goods being released for delivery or collection.
The Price will be paid by the Customer on the date/s determined by Peach Transitions and advised to the Customer from time to time, time being of the essence.
Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to in writing prior to payment between the Customer and Peach Transitions.
The Customer shall not be entitled to set off against, withhold, or deduct from the Price whatsoever.
Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Peach Transitions an amount equal to any GST payable for the supply by Peach Transitions of the Goods. The Customer must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay all and any other taxes and duties that may apply to the Goods /Services in addition to the Price except where they are expressly included in the Price.
Disclaimer
The Customer agrees that it is the Customer’s sole responsibility to ensure that the Customer’s selling dealer/agent promptly supplies the necessary release notification to Peach Transitions, and to ensure that all payments made are received by Peach Transitions in a timely manner and prior to arrival of the Customer’s vehicles in New Zealand.
Liability
Should the Customer requests Peach Transitions to leave Goods outside the Customer’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk with no recourse whatsoever against Peach Transitions for any loss or damage.
The Customer shall be deemed to be bound by and to warrant the accuracy of descriptions, values, dimensions, weights and other particulars furnished to Peach Transitions for customs, consular, road transport and other purposes and shall fully indemnify Peach Transitions against all and any losses, damages, expenses and fines arising from any inaccuracy or omission whatsoever and howsoever occurring.
The Customer shall be liable for any freight, duty, tax, impost, excise, levy, penalty, deposit or outlay of whatsoever nature levied by any Government, authority or other third party in connection with the Goods and for any payments, fines, expenses, loss or damage whatsoever and howsoever incurred or sustained by Peach Transitions in connection therewith and shall fully indemnify Peach Transitions, its servants and agents from all claims by third parties howsoever arising in connection with the Goods/Services.
The Price, including, but not limited to freight and shall be paid and non-returnable in any event whatsoever and shall be at the sole risk and expense of the Customer.
Peach Transitions may at any time reweigh, re-measure or revalue the Goods and if the particulars furnished by or on behalf of the Customer are incorrect, it is agreed the Customer shall immediately upon issue of invoice from Peach Transitions, pay that sum equal to two times the difference between the incorrect and correct value.
Unless a Convention or law limiting Peach Transitions’s liability to a greater amount compulsorily applies, liability of Peach Transitions arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of any express warranty in these terms and conditions or howsoever arising, is limited to any of the following as determined by Peach Transitions (in its sole discretion):
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Default
Where the Customer has not paid the Price in accordance with these Terms or is otherwise in breach of these Terms Peach Transitions reserves the right (in its sole and unfettered discretion) to move the Goods off site for storage at the Customer’s cost. Any and all costs associated with this are the responsibility of the Customers and may include transport to/from offsite storage, admin fees, handling fees, legal fees (on a solicitor to client basis) and daily storage costs. Such shall be paid, together with all other outstanding payments, by the Customer to Peach Transitions prior to the Goods being released to the Customer.
Further to any other rights or remedies Peach Transitions may have under these Terms, if a Customer has made payment to Peach Transitions, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any and all other costs incurred by Peach Transitions under this clause including but not limited to legal costs on a solicitor to client basis.
Without prejudice to Peach Transitions’s other remedies at law Peach Transitions shall be entitled to cancel all or any part of any order which remains unfulfilled and all amounts owing to Peach Transitions shall, whether or not due for payment, become immediately payable if:
- any money payable to Peach Transitions becomes overdue, or in Peach Transitions’s opinion the Customer will be unable to make a payment when it falls due;
- the Customer has exceeded any applicable credit limit provided by Peach Transitions;
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Non-payment or Non-receipt of Release Authority
Should Peach Transitions not have received the Customer’s payment and/or the Customer’s selling dealer/agent release notification, in time to avoid Port demurrage costs, Peach Transitions will place the Customer’s Goods into storage (if such storage is available all the time) at the cost of the Customer, and they will remain undeliverable until the Peach Transitions invoice is paid, and/or the Release Notification is received by Peach Transitions and the storage costs are paid.
At the time of placing vehicles into storage, the Customer and the Customer’s selling dealer/agent will be notified in writing by Peach Transitions. After an initial 5 working days, and at each successive 5 working day interval, Peach Transitions will attempt to contact both the Customer and the Customer’s seller to request payment to enable the Goods to be released.
Should the Goods remain in storage for 20 working days, Peach Transitions will then issue a final demand to the Customer and the Customer’s Selling dealer/agent, stating that unless outstanding issues are resolved to its satisfaction within 5 working days of that notice, Peach Transitions will take the steps it considers appropriate (in its sole and unfettered discretion) to recover costs.
Where Peach Transitions receives a release notification from the dealer/agent, but the Customer has not paid the Peach Transitions invoice, Peach Transitions will attempt to contact the Customer, seeking confirmation of the reason for the non-payment, and a copy of the enquiry will be sent to the Customer’s dealer/agent with a request for advice as to whether he does or does not have any charge over the vehicles in terms of the Customer’s arrangements with him. Once the positions are known, Peach Transitions will take such action as it deems to be appropriate (in its sole and unfettered discretion) to recover the debt owing to it. In any event Peach Transitions is not in any way obliged to release the Goods until payment of the Peach Transitions invoice and any additional costs has been made by the Customer.
Title to Goods and Uncollected Goods
Peach Transitions and the Customer agree that rights to the Goods shall not pass until:
- the Customer has paid Peach Transitions all amounts owing to Peach Transitions; and
- the Customer has met all of its other obligations to Peach Transitions.
It is further agreed that:
- Until rights in the Goods passes to the
- Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must deliver the Goods to Peach Transitions on request;
- The Customer irrevocably authorises Peach Transitions to enter any premises where Peach Transitions believes the Goods are kept and recover possession of the Good;
- Peach Transitions may recover possession of any Goods in transit whether or not delivery has occurred; and
- Peach Transitions may commence proceedings to recover the Price of the Goods sold notwithstanding that right in the Goods has not passed to the Customer.
Security and Personal Properties Securities Act
The Customer:
- agrees that the retention of title in clause 8.1 of these Terms creates a Purchase Money Security Interest (having the meaning given to that term in the PPSA) in all present and after acquired Goods (and their Proceeds) as security for payment of the purchase price for the Goods until such amount is paid in full; and
- grants to Peach Transitions (unless otherwise agreed in writing by Peach Transitions) a security interest in the Goods after expiry of the period mentioned in clause 7.3 above to secure performance of all obligations owing by the Customer to Peach Transitions or any Related Company (such personal property is the “Secured Property”).
The Customer undertakes:
- to promptly do all things, execute all documents and/or provide any information which Peach Transitions or any Related Company may reasonably require to enable Peach Transitions or any Related Company to perfect and maintain the perfection of its security interests (including by registration of a financing statement);
- Each security interest created under these Terms is a continuing security, notwithstanding any intermediate payments or settlements of accounts or anything else and is in addition to, and is not to be merged with any other security or guarantee (present or future) expressed or intended to be security for any Secured Indebtedness or any other obligations owing by the Customer to Peach Transitions or any Related Company.
The Customer waives its rights under the PPSA to receive a copy of any verification statement, financing statement or financing change statement (as those terms are defined in the PPSA) and agrees that:
- as between Peach Transitions and the Customer, the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133, 134 and 148 of the PPSA;
- to the extent permitted by law these Terms exclude any other provisions of the PPSA which may be excluded in Peach Transitions’s discretion and which would otherwise confer rights on the Customer; and
- where Peach Transitions’s has rights in addition to Part 9 of the PPSA, those rights will continue to apply.
The Customer acknowledges that it has received value as at the date of first delivery of the Goods and that Peach Transitions has not agreed to postpone the time for attachment of the security interest granted to Peach Transitions under these Terms.
The Customer must not:
- change its name, address or contact details without providing Peach Transitions 30 days prior written notice (which may be by email the address of an authorised Peach Transitions representative);
- give to Peach Transitions a written demand, or allow any other person to give Peach Transitions a written demand requiring a financing change statement to be registered; or
- lodge a change demand or allow any other person to lodge a change demand, in each case in relation to a financing statement registered by Peach Transitions under the PPSA.
The Customer will, upon demand, pay all Peach Transitions’s expenses and legal costs (on a solicitor-client basis) in relation to or in connection with the registration, maintenance and enforcement of Peach Transitions’s security interest.
Peach Transitions does not (and will not be deemed to) undertake any of the Customer’s obligations in respect of the Secured Property by virtue of these Terms.
Privacy
Peach Transitions may at any time collect, hold and use information relating to this Terms of Trade for any purposes connected with its business including (but not limited to) the provision of insurance, debt recovery, credit reporting or assessment and to register any security interest, including collecting information from and disclosing information to related companies, underwriters, external credit reporting agencies, debt collection agencies, trade referees and other third parties.
Information disclosed by Peach Transitions to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services.
Under the Privacy Act 2020 individuals have the right to access and correct their personal information by contacting Peach Transitions.
The Customer, any director signing on behalf of the customer and any guarantor authorises Peach Transitions to collect, hold and use information from any person or entity for any of the above purposes and for such person or entity to disclose information to Peach Transitions and the customer further authorises Peach Transitions to disclose information to any personal entity for the above purposes and such person or entity to collect and hold and use information from Peach Transitions.
The Customer, directors and/or guarantors in accepting these terms of trade acknowledges that from time to time, information may be disclosed to a foreign person or entity which may not be required to protect the information in the way that provides comparable safeguards to the Privacy Act 2020. The customer, its directors and/or guarantors expressly acknowledge that possibility and nevertheless authorises Peach Transitions to disclose personal information to such foreign persons or entities.
General
The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand, in which Peach Transitions has its principal place of business and are subject to the jurisdiction of the courts in New Zealand.
Peach Transitions may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.
The Customer cannot licence or assign without the prior written approval of Peach Transitions which shall be at the sole and unfettered discretion of Peach Transitions.
Peach Transitions may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by doing so. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Peach Transitions’s subcontractors without the authority of Peach Transitions.
The Customer agrees that Peach Transitions may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer receives such changes, or otherwise at such time as the Customer makes a further request for Peach Transitions to provide Services to the Customer.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
If any part, term or provision of these Terms shall be held invalid, void, illegal or unenforceable the validity, existence, legality or enforceability of the remainder of these Terms shall not be affected, prejudiced or impaired.
The parties assure each other that they have the power to make and carry out the terms of these Terms and that each has taken and will take all necessary action (corporate and otherwise) to authorise the execution, delivery and performance of their respective obligations under these Terms.
Nothing in these Terms shall constitute a partnership between the parties or constitute the parties as joint ventures or any party as agent for another party.
Shipping International?
Shipping International?
Peach Transitions specialises in providing the very best in international shipping services. From your very first contact, we’ll be there to guide you through every stage of your move. Our container services are designed to ensure every shipment is as seamless as possible.
