Our Terms

1 DEFINTIONS AND INTERPRETATION

1.1 In these Terms, unless the Contract otherwise requires:

(a) singular words shall include the plural and vice versa;

(b) “the Contract” means the contract between Big Camel Moving & Storage and the Customer consisting of these Terms of Trade and the accepted Service Proposal;

(c) “the Customer” means the person by whom or on whose behalf the Service Proposal has been accepted;

(d) “the Goods” and “Goods” has the same meaning as section 246 of the Contract and Commercial Law Act 2017;

(e) “the Proposal” means the email correspondence from Big Camel Moving & Storage addressed to the Customer or the Customer’s agent in respect of the Services containing or attaching the Service Proposal;

(f) “the Service Proposal” means Big Camel Moving & Storage’s offer to perform the Services contained in the Proposal;

(g) “the Services” means the carriage, packing, unpacking, handling of Goods, storage and any other service performed by Big Camel Moving & Storage in respect of the Goods, and any service ancillary to or connected with any of the above;

(h) “Terms” and “Terms of Trade” means the terms and conditions contained in this document; and

(i) “Big Camel Moving & Storage” means Big Camel Moving & Storage.NZ Limited, a duly incorporated company having its registered office in Wellington, New Zealand.

2 PARTIES

2.1 This contract is made between Big Camel Moving & Storage and the Customer.

2.2 All services requested by the Customer undertaken by Big Camel Moving & Storage are upon and subject to these Terms of Trade.

3 SERVICE PROPOSALS

3.1 The Service Proposal shall not be binding on Big Camel Moving & Storage unless accepted by the Customer in (within 7 days) of the date of the Service Proposal. Big Camel Moving & Storage charges for the Services on the basis of time spent and costs incurred in performing the Services. Time spent includes travel to and from the location the Services are to be performed and will be calculated in 15 minute intervals.

3.2 The Service Proposal is made on the basis that, unless otherwise agreed in writing:

(a) the Customer has accurately described the Services to be performed by Big Camel Moving & Storage, including:

(i) the nature and quantity of the Goods; and

(ii) the access to the relevant property or properties.

(b) the Goods will be packed and available to Big Camel Moving & Storage at the time agreed;

(c) performance of the Services will not be interrupted, hindered, delayed, or postponed by the Customer;

(d) the Services will be undertaken during Big Camel Moving & Storage’s usual operating hours;

(e) Big Camel Moving & Storage shall be entitled to perform the Services in advance of or subsequent to the time agreed in the Service Proposal where in the opinion of Big Camel Moving & Storage such change is reasonably necessary;

(f) there are adequate staircases and doorways, roads and suitable access available at the addresses for collection and delivery;

(g) the Goods are not required to be removed from or delivered up to higher than the 2nd floor of any building or equivalent access;

(h) where additional vehicle(s) and/or labor is required due to lack of reasonable access for the delivery vehicle or an inaccuracy in the Customer’s description of the services Big Camel Moving & Storage may charge for the additional services;

(i) Big Camel Moving & Storage shall be entitled to charge for any extra costs incurred by it as a result of any delay experienced by Big Camel Moving & Storage in performing the Services arising from any cause whatsoever (other than the neglect or default of Big Camel Moving & Storage);

(j) where Big Camel Moving & Storage deems window or balcony access and/or tackle necessary, it shall be used at Big Camel Moving & Storage’s option and at the Customer’s risk and expense.

(k) for all goods to be put into storage with Big Camel Moving & Storage, those goods must be not be hazardous, perishable, or illegal items.

3.3 Big Camel Moving & Storage may make an additional charge or charges in respect of any additional expenditure, liability incurred or work done in connection with the Services, or by reason of any material change to any matter, circumstance or item on which the Service Proposal is based.

3.4 Big Camel Moving & Storage in its absolute discretion may allocate its resources to the performance of the Services as it sees fit. Big Camel Moving & Storage will not charge the Customer for resources additional to those described in the Service Proposal that are not a result of inaccuracies in the Service Proposal, the unpreparedness of the Goods at the time agreed, or circumstances outside Big Camel Moving & Storage’s control.

3.5 When an estimate is for a specified quantity and additional goods are dealt with all these conditions will apply and an extra charge to be fixed by Big Camel Moving & Storage will be made.

3.6 If access to the point of delivery is not available or cannot be effected as indicated or desired, and storage is required, Big Camel Moving & Storage may charge for storage including storage with a third party, handling and redelivery at its standard rate.

3.7 Unless otherwise stated, the Service Proposal does not include:

(a) the cost of special packing which may be necessary to secure safe transport of fragile articles, unless such packing is expressly mentioned in the Service Proposal;

(b) the taking down or putting up of any fixtures or fittings, blinds or curtains, or taking up, relaying or fitting of carpets, linoleum, or other floor coverings;

(c) the re-affixing of any fixtures of fittings;

(d) the dismantling, disconnection, installation, connection, or re-assembling of any refrigerator, washing machine, computer, home theatre, or similar equipment;

(e) the re-hanging of pictures or curtains or the removal of Goods other than household effects, office furniture or such like;

(f) the cost of dismantling or reaffixing any special articles such as pianos or billiard tables;

(g) the removal or erecting of any television aerial; or

(h) any other services undertaken in relation to the Services. 3.8 Where services or work referred to above are carried out, all of these Terms of Trade apply thereto and Big Camel Moving & Storage may charge for such work.

4 LOSS, DAMAGE, AND DELAY

4.1 The Services are undertaken and the Goods are handled “at owner’s risk” as defined in the Contract and Commercial Law Act 2017. Big Camel Moving & Storage is therefore not liable for any loss of or damage to the Goods unless Big Camel Moving & Storage intentionally loses or damages said Goods.

4.2 Big Camel Moving & Storage’s liability in any case of damage or fault shall be limited to the price paid by the Customer for Services completed by Big Camel Moving & Storage in respect of which liability arises.

4.3 Big Camel Moving & Storage shall not in any circumstances be liable to any person or entity for any indirect, special or consequential damages whatsoever (including without limitation damages for loss of business, business interruption, lost profits or gains or loss of reputation or business opportunity) arising out of or in relation to the performance of the Services.

4.4 To the maximum extent permitted by law, Big Camel Moving & Storage shall not be liable whether in negligence, any other tort, contract, or on any other basis whatsoever for:

(a) any loss or damage to the Goods;

(b) any non-delivery, mis-delivery, or delay in delivery;

(c) any advice, representation, information, or any assistance, or any service of any kind provided in any form by or on behalf of Big Camel Moving & Storage in the course of or in connection with the Services;

(d) any damage to any wall or wall covering, floor or floor covering, fixture or fitting, the structure of any building or any road, footpath, driveway, stairs, or other means of access to any building from or to which the Goods are removed or delivered; or

(e) any loss or damage whatsoever arising directly or indirectly from or in connection with any of the matters or things referred to in (a), (b), (c), or (d) above (including, without limitation, loss of profit or loss of market) in any circumstances and for any reason whatsoever and whether or not occurring in the course of events which are at any time in the contemplation of or foreseeable by the Customer and/or Big Camel Moving & Storage.

4.5 It is the responsibility of the Customer to see that no Goods required to be removed are left behind, that no Goods or fixtures are taken away in error, and that Goods left in unoccupied premises are protected. Big Camel Moving & Storage accepts no liability in respect of any such matter and the Customer shall indemnify Big Camel Moving & Storage against all liability or claims so arising.

4.6 Big Camel Moving & Storage shall not be responsible or liable for any Goods not specified in the Contract. The Contract need not show the condition of any goods or contents of any container. Any statement or omission in the Contract shall not create any inference as to the state or condition of any of the Goods.

4.7 It is the responsibility of the Customer to see that all Goods are packed in a manner that adequately protects the Goods. Goods that are not packed adequately for their protection are not fit to be carried and Big Camel Moving & Storage accepts no liability in respect of any loss or damage caused in respect of such Goods.

4.8 While at the Customer’s premises the Goods are the responsibility of the Customer and Big Camel Moving & Storage is not liable for any loss or damage caused to them while in the premises.

4.9 Big Camel Moving & Storage will endeavor to carry out the work within the time desired, but shall not be liable for loss through any delay from any cause beyond its control. Big Camel Moving & Storage may make a deviation from any route without affecting its liability.

5 INSURANCE

5.1 The Customer is responsible for arranging their own insurance.

5.2 Big Camel Moving & Storage has and maintains Comprehensive Motor Vehicle and General Liability Insurance. Liabilities expressly assumed by Big Camel Moving & Storage in writing in the performance of the Services are limited to the cover provided by the insurance policies held by Big Camel Moving & Storage at the time.

5.3 Claims of loss or damage against Big Camel Moving & Storage must be made within 7 days of completion of the Services.

5.4 Any matters arising from the work undertaken and / or the invoice relating to the said work must be made to Big Camel Moving & Storage in writing within 7 days of the invoice date this including any dispute over the work undertaken or costs associated with the work. 

6 WARRANTIES AND INDEMNITIES BY THE CUSTOMER

6.1 The Customer warrants to Big Camel Moving & Storage that, except as previously advised by the Customer and accepted by Big Camel Moving & Storage in writing:

(a) the Goods are not or do not contain things:

(i) likely to be dangerous to persons or property or are of a corrosive, inflammable, explosive or damaging nature; or

(ii) the Goods are not or do not contain things infested with or likely to encourage vermin, damaging insect, or other pests;

(b) the Goods are the unencumbered property of the Customer and/or that the Customer has full right, power and authority to engage the Services in respect of the Goods;

(c) the property or properties to and from which the Goods are removed by Big Camel Moving & Storage are owned by the Customer or that the Customer has obtained prior to the commencement and performance of the Services by Big Camel Moving & Storage all necessary permits and approvals and authorizations to enable Big Camel Moving & Storage’s vehicles and/or employees to enter upon such property with or without vehicles for the purposes of performing the Services; and

(d) none of the Goods are subject to restrictions on their transportation.

6.2 The Customer acknowledges and agrees that if any of the warranties in clause 6.1 are breached Big Camel Moving & Storage may remove, sell, destroy or otherwise dispose of the Goods and Big Camel Moving & Storage shall not be responsible or accountable for their value or for any loss or damage, whether direct or indirect, resulting from or caused by such removal, sale, destruction or disposal.

6.3 The Customer undertakes to indemnify and keep indemnified Big Camel Moving & Storage against all loss or liability and all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be brought or made against Big Camel Moving & Storage by any other person or incurred by Big Camel Moving & Storage arising in whole or in part directly or indirectly as a result of or in connection with:

(a) a breach of any of the warranties in clause 6.1;

(b) a breach of any of these Terms of Trade;

(c) any act, omission, or default by the Customer;

(d) any steps taken by Big Camel Moving & Storage that are in its reasonable opinion at the time necessary or desirable to protect the Goods;

(e) any damage or trespass to the property of any other person occurring in the course of packing, removing, transporting, or delivering the Goods; and

(f) any other act or omission on the part of Big Camel Moving & Storage, its servants or agents in the reasonable performance of its obligations under these conditions.

7 PAYMENT

7.1 All charges in respect of the Services are due and payable upon completion of the Services.

7.2 All sums of money which are required to be paid to Big Camel Moving & Storage are unless otherwise expressly stated, quoted exclusive of Goods and Services Tax.

7.3 Removal and packing charges are payable prior to collection of the Goods at origin unless at the absolute discretion of Big Camel Moving & Storage alternative arrangements have been made with the Customer in writing prior to the collection of such Goods. Payment will include the whole of the quoted amount covering charges for packing, transportation, and delivery.

7.4 If the Customer fails to pay any sum of money payable to Big Camel Moving & Storage when due and if such default continues for 30 days from the date the sum became due then:

(a) Big Camel Moving & Storage shall be entitled to charge interest calculated at Big Camel Moving & Storage’s current bank overdraft rate plus 2% and computed daily from the due date of payment to the actual date of payment thereof; and

(b) the Customer shall, at Big Camel Moving & Storage’s discretion, be liable to payment of a $100.00 default fee to meet Big Camel Moving & Storage’s initial administrative costs in dealing with the default.

7.5 If the Customer defaults in making payment of the whole or any part of the fees payable by the Customer pursuant to these Terms of Trade and Contract then Big Camel Moving & Storage shall be entitled to recover from the Customer all costs and disbursements which it incurs in recovering or endeavoring to recover such money including solicitor-client costs and the fees and disbursements of any debt collection agency, court costs, legal fees, and default fees in connection therewith.

7.6 Any matters arising from the work undertaken and / or the invoice relating to the said work must be made to Big Camel Moving & Storage in writing within 7 days of the invoice date this including any dispute over the work undertaken or costs associated with the work. 

7.7 All Storage periods are paid per month. Payment is on a pre-paid basis and if the customer.

(a) Wants to store their goods for an unknown amount of time. They will need to setup an on-going direct debit arrangement with Big Camel Moving & Storage

7.8 If the customer’s paid period expires and the customer is late at paying the following monthly period.

(a) The customer will be automatically charged for and will owe Big Camel Moving & Storage another monthly period at the same rate the previous month was charged.

(b) A $500 latency fee will be charged to the customer for leaving Big Camel Moving & Storage with the customer’s goods without notice or without organizing delivery.

(c) The customer’s goods will be held as collateral for one month before disposal, and for the client to regain ownership if they wish, the customer must pay all outstanding amounts including the $500 premium.

7.9 If the customer can only schedule delivery past the paid storage term, even by one day, the customer will be charged for another month of storage at the same rate they paid for the previous month.