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Terms and Conditions of Service

 

1. Definitions.

  1. "Company" shall mean Moana Blue Limited, its subsidiaries, related companies, agents and/or representatives;
  2. "Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, buyers and /or sellers, shipper's agents, consignees etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
  3. "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
  4. "Goods" means the cargo, freight, vehicles, articles of goods which the Customer or any other person has provided to Moana Blue together with any other container, any other packaging, pallets or other storing and lashing device;
  5. "Services" means the whole of the operations and services undertaken by Moana Blue, including but not limited to forwarding, clearing, shipment, carriage, transport and/or storage of any Goods.
  6. "Clarity" For the sake of clarity and for the purposes of the Consumer Guarantees Act 1993 and the Customs and Excise Act 1996:

    1. The importer and/or the person that imports the Goods is the Customer;

    2. The importer and/or the person that imports the Goods excludes the Company;

    3. The Customer is the person by or for whom the Goods are imported;

    4. The Customer is the consignee of the Goods;

    5. The consignee of the Goods excludes the Company;

    6. Before the Goods are lawfully removed for consumption from a Customs controlled area but after importation, the Customer will be deemed to have ownership, possession, and beneficial interest in the goods;

    7. After the Goods are lawfully removed for consumption from Customs and cease to be subject to the control of Customs: ownership, possession, and beneficial interest in the goods will revert back to the Company;

    8. The Customer gives the Company authority to do all things necessary on the Customer’s behalf to clear the Goods through Customs on behalf of the Customer including ECI lodgement, payment of Customs duties and Goods and Services Tax, and payment of other applicable charges and levies; andClearance of the goods through Customs by

    9. the Company on behalf of the Customer under paragraph 8 does not affect the legal status of the Goods in paragraph 6.

    10. "The Customer is the consignee of the Goods despite what is stipulated in the Bill of Lading"

2. Inner Cargo -

  1. Accepted by the Company only if it forms part of the vehicle e.g. tools, spare wheel and caps, and if noted, seasonal tyres. Any items of inner cargo placed on or inside the vehicle, are not insured and only accepted on a no risk, no responsibility by the Company and its agents, even if said item is noted on any documentation relating to that shipment. Note, any items must be declared for Customs purposes as failure to do so will may result in forfeiture of such items.

 

3. Insurance -

  1. All vehicles shipped by Moana Blue is covered by Automotive Technologies Limited Marine Insurance Scheme (AIMS).
  2. All motor vehicles are insured up to USD$60,000 of CIF value + 10%. Vehicles with a value over USD$60,000 CIF + 10% can be insured upon request for an additional premium.
  3. AIMS cover starts from the time of purchase at auction or the completion of the survey inspection or delivery to the load port, whichever occurs first, and continues during the ordinary course of transit and terminates once parked at the port of discharge or first place of rest (consignees address or compliance center) after transported from the port of discharge.
  4. AIMS does not cover inner cargo.

 

4. Insurance Claims -

  1. Company only accepts claims for loss or damage of $250 and over.
  2. Customer should advise Moana Blue/AIMS of a possible claim within 7 days of discharge and return claim documentation within 14 days of receiving it. Moana Blue want to settle claims quickly and efficiently and encourage Customer to assist with this.
  3. Claim forms available from Moana Blue by telephoning 09 215 7907; 0800 662 622; or email admin@moana-blue.com
  4. Customer must include photos of the vehicle, that clearly show the damage when submitting the completed claim form, duly signed.
  5. Company, without prejudice, requires two quotations from repairers or replacement suppliers on their official documentation.

 

5. Hold on Vehicles

  1. The holder of the original bill of lading "owns" the freight and in spite of the vehicle being Customs cleared and freight charges paid no title has been transferred until the Customer (consignee) produces an original bill of lading or same is surrendered by the Customer (shipper). Company will not release the cargo/vehicle unless specifically instructed by the shipper/shippers shipping line.

The Company can move the vehicle off wharf to a safe and less costly location; but the option eventually can be to re-ship or sell the goods at the cost of the Customer (shipper) if not resolved quickly.

 

6. Payment Terms

  1. Unless otherwise agreed by the Company in writing, an invoice is due and payable by the Customer immediately upon the invoices being issued. By the Company to the Customer.
  2. The Customer is responsible to ensure that all payments of invoices by it (or on the Customer’s behalf) to the Company must be made in full and without any deductions or right to set off or counterclaim.
  3. In the event of additional charges applying, the Company reserves the right to pass on any and all additional charges.
  4. If any amounts payable to the Company by the Customer are overdue:

 - the Company at its own discretion, may charge interest on any monies which are fourteen (14) or more days overdue, commencing from the initial due date until the day of actual payment. The interest rate will be the then current overdraft interest rate charged by the Company’s bank plus 9% per annum;

 

6. General Lien and Right to Sell Customer's Property.

  1. Company shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies on which owed to Company in regard to the shipment on which the lien is claimed, a prior shipment(s) or both;
  2. Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as on-going storage and other charges; Customer shall notify all parties having an interest in its shipment(s) of Company's rights and/or exercise of such lien.
  3. Unless, within fourteen days of receiving notice of lien, Customer pays by clear bank transfer, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such property at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer. If there is a shortfall, the Customer remains liable for all amounts payable.

 

7. Storage and Gate-Out

  1. Customer (Shipper) vehicles are stored on the port yard for up to 30 days at no charge, on the proviso said vehicle is shipped
  2. Vehicles that are Gated Out, irrespective of the time in storage, are subject to a gate out and storage fee charge to Customer with any inspection related costs
  3. Customer (Consignee) vehicles transported off discharge port and stored for the 1st 7 days charged $150/unit + GST, payable immediately, thereafter $14/unit/day + GST.