Making the impossible… possible

Check out the terms, conditions and policies for our business services.

1. Application

1.1 All business undertaken by Redfort is subject to these terms and conditions.

1.2 By accepting Redfort’s quotation, or by otherwise instructing Redfort to provide Services (including use by the Customer of the Services), the Customer agrees to be bound by these terms and conditions.

1.3 The contract between Redfort and the Customer shall comprise Redfort’s quotation (or if there is no quotation, any other documents or correspondence in which Redfort sets out the basis upon which it will provide Services to the Customer) and these terms and conditions (Contract).

1.4 These terms and conditions supersede and prevail over any terms and conditions in any document issued by the Customer purporting to have contractual effect.

1.5 These terms and conditions shall also benefit, and be enforceable, by any contractor, sub-contractor, or agent of Redfort.

1.6 In the event of any inconsistency between these terms and conditions and the terms and conditions of a Transport Document, these terms and conditions shall prevail.

1.7 Redfort may, in its discretion, refuse to provide Services to the Customer, or, suspend Services, or only agree to provide Services under special conditions.

1.8 Redfort may vary these terms and conditions from time to time without notice.

2. Definitions

“Carriage” means the transportation of Goods from the place of receipt to the place of delivery or any part (including by any combined means of transport) and any incidental services.

“Carrier” means the carrier contracted by Redfort to carry the Goods on behalf of the Customer, also referred to as a contractor.

“Charges” includes freight, deadfreight, demurrage, detention, bunker adjustment costs, cartage, port dues / fees, agency or booking or management fees levied by Redfort, and any cost or expenses incurred by Redfort in the performance of the Services, but exclude the cost of insurance.

“Container” means any container, trailer, transportable tank, flat rack, pallet or other packaging or similar item used to carry, consolidate, store or package the Goods.

“Customer” means the person acquiring Services from Redfort and includes the shipper, consignee, receiver, owner or bailor of the Goods or their agents or representatives.

“Dangerous Goods” means goods which are noxious, hazardous, explosive, radioactive, flammable or capable by their nature of causing damage to goods or property, or injury to persons, or are unlawful or illegal, or harbour or may harbour pests, vermin, or unwanted organisms.

“Force Majeure Event” has the meaning given to it at clause 14.1.

“Goods” means goods or cargo accepted by Redfort for the Services, and includes any Container not supplied by or on behalf of Redfort.

“Redfort” means Redfort Group International Limited trading as Redfort Logistics Specialists, its servants, agents and subcontractors and includes any or all subsidiary or related companies.

“Services” means services, including any incidental services, performed by Redfort for:

a)   the procurement or arrangement of the Carriage of Goods;

b)     the Carriage of the Goods pursuant to clause 3.3 of these terms and conditions; or

c)   such other services,

as are more specifically set out in the Contract.  

“Transport Document” means any air waybill, bill of lading, sea waybill, warehouse receipt, consignment note or other document issued by a third party in relation to the Carriage of the Goods.

Moved up from clause 6.1.

Lowercase “goods” because, unless otherwise agreed, Dangerous Goods will not be accepted by Redfort and therefore would not fall within the definition of “Goods”.

3.  Services

3.1  Redfort carries on business as a customs and forwarding agent.  Unless expressly stated otherwise, it provides the Services as an agent only. 

3.2 Unless expressly agreed otherwise, Redfort’s obligations are limited to arranging Carriage of the Goods by a reputable Carrier for and on behalf of the Customer.  It does not make many any contract with the Customer for the Carriage of the Goods and is not the Carrier of the Goods.  Any contract for the Carriage of the Goods shall be a contract between the Customer and the Carrier, unless otherwise stated.

3.3 Redfort may, in its discretion, issue a bill of lading, or other Transport Document, in which it is described as the Carrier.  In that case, in the event of any inconsistency with these terms, the terms and conditions of that document (including all rights, limitations and exclusions of liability) shall prevail. 

3.4 Redfort and its contractors may at any time and without notice to the Customer:

(a) Use any means of transport or storage whatsoever;

(b) Transfer the Goods from one conveyance to another including transhipment;

(c) Unpack and remove Goods which have been stowed into a Container and forward them in any manner whatsoever;

(d) Proceed by any route in their discretion;

(e) Load or unload the Goods at any place and store the Goods at any such place; and

(f) Comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authority.

3.5 Redfort will not declare the value of the Goods in a Transport Document unless instructed to do so in writing by the Customer.

3.6 Pending transportation and delivery, the Goods may be warehoused or otherwise stored at any place at the sole discretion of Redfort or its contractors, at the Customer’s risk and expense.

3.7 At all times the Goods are at the Customer’s risk.

3.8 Without prior notification and written agreement, Redfort will not accept or deal with goods with special requirements, including:

(a) Dangerous Goods;

(b) Goods which can only be carried or handled with a permit or licence;

(c) Any perishable goods or goods which require special handling or packaging; or

(d) Valuables of any kind.

3.9 If without prior notification and written agreement the Customer delivers any goods referred to in paragraph 3.8 to Redfort or its contractors, or causes Redfort to carry such goods, or to arrange for the goods to be carried by any contractor:

(a) Neither Redfort nor any such contractor shall be liable for any loss or damage whatsoever arising out of its dealings with the goods;

(b) The Customer shall be liable for all loss or damage whatsoever caused by, to or in connection with the goods, however arising;

(c) The Customer shall indemnify and hold harmless Redfort and its contractors and their respective servants, agents or sub-contractors against all penalties, claims, damages, costs and expenses whatsoever arising as a result; and

(d) In the case of goods referred to in paragraph 3.8(a), (b), and (c), the goods may be destroyed or otherwise dealt with at the sole discretion of Redfort or its contractors or any other person in whose custody they may be, at the expense of the Customer, and without any liability.

3.10 If Redfort agrees to arrange the Carriage of Goods described in clause 3.8, the Customer shall provide all directions, documents and information relating to the Goods (including any relevant permits) necessary to enable Redfort or its contractors to:

(a) comply with any applicable laws and regulations; and

(b) arrange for the Goods to be carried or handled safely and with proper care.

3.11 During performance of the Services Redfort or its contractors may take images of the Goods to record the condition of the Goods before, during or after Carriage. 

4. Customer’s Obligations

4.1 The Customer expressly warrants that:

(a) It is the owner or the authorised agent of the owner of the Goods and enters into the Contract on its own behalf or as agent for the owner of the Goods and indemnifies Redfort against all claims by any other person for any loss or damage whatsoever arising out of or incidental to or in connection with the Services provided by Redfort.

(b) It is authorised to accept and is accepting these terms and conditions (including where applicable, as agent for and on behalf of the owner of the Goods).

(c) It has all necessary knowledge of the matters affecting the Carriage of the Goods, including its contractual and other obligations and the requirement to obtain the necessary insurances for the Carriage of the Goods.

(d) All information provided to Redfort in relation to the Goods, including marks, weights, numbers, brands, contents, descriptions, and values are accurate and complete.

(e) The Goods are fit to be carried and stored in the condition and packaging in which they are given to Redfort and the Goods have been properly and sufficiently packed and prepared to withstand the ordinary risks of Carriage having regard to their nature and destination.

(f) Any Containers or other objects supplied by the Customer in or on which the Goods are stored, packaged or contained conform with any requirements of the consignee, the receiver of the Goods, or any relevant person or authority, or any applicable laws or regulations.

(g) It will provide written directions to Redfort for the proper care of any Goods with special requirements (including dangerous, refrigerated, perishable or high value Goods).

(h) It will provide adequate written delivery instructions to Redfort to enable effective delivery of the Goods.

(i) It will:

(i) Comply with any applicable law, regulation, order or requirement of any harbour, dock, airport, railway, shipping, customs, warehouse or other authority or corporation relating to the nature, condition and packaging of the Goods;

(ii) Provide to Redfort all assistance, information and documents as may be necessary to enable Redfort to comply with such laws, regulations, orders or requirements; and

(iii) Pay the Charges of Redfort incurred in complying with the provisions of any such law, regulation, order or requirement.

4.2 The Customer shall not tender any Dangerous Goods for Carriage without giving notice in writing and receiving Redfort’s written agreement to accept such Goods for Carriage.

4.3 The Customer indemnifies and shall hold harmless Redfort from and against all:

(a) Claims for loss or damage, customs duty, excise duty, sales tax, costs, fines or penalties which Redfort becomes liable to pay for any reason whatsoever in respect of the Goods unless such liability is due to the negligence of Redfort;

(b) Loss, damage, fees and expenses arising or resulting from any inaccuracies or inadequacy in information provided by it to Redfort in connection with the Goods; and

(c) Claims, losses, costs and expenses, penalties and fines, or any other liability arising in the consequence of a breach by the Customer of any warranty, representation or obligation.

4.4  The Customer authorises Redfort:

(a) To act as its agent to enter into contracts for the Carriage of the Goods with a Carrier on the terms and conditions in any applicable Transport Document and to ratify such contracts; and 

(b)  To take any actions that Redfort in its sole discretion considers are necessary, or in the Customer’s interests, for the performance of the Services, including to enter into or vary contracts on behalf of the Customer, and agrees to ratify such contracts or variations.

4.5  The Customer acknowledges that Redfort or its contractors may take images of the Goods pursuant to clause 3.11.  The Customer authorises the taking of such images. 

5. Delivery

5.1 Goods will be deemed to have been delivered to the Customer when they are delivered to the address stipulated by the Customer for that purpose, or to the port of discharge or place of delivery (as applicable). 

5.2 In all circumstances responsibility and liability for the Goods shall cease when they are delivered in accordance with this clause.

5.3 Any time for delivery given by Redfort is approximate only.  Redfort does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use.  Redfort shall have no liability whatsoever for any loss or damage resulting from delay in delivery of the Goods. 

5.4 If the Customer fails or refuses to take delivery of the Goods at the time and place that Redfort is entitled to effect delivery, Redfort shall be entitled with no requirement to give notice to the Customer to unpack the Goods and store the Goods at the risk and cost of the Customer.  Such storage shall constitute delivery, and the responsibility and liability of Redfort for the Goods shall cease.

5.5 If the Customer fails to take delivery of the Goods within 30 calendar days of its becoming due or if in the reasonable opinion of Redfort or the Carrier they are likely to deteriorate, decay, become worthless or incur any charges in excess of their value or if the Goods are insufficiently addressed, marked  or not identifiable, Redfort or the Carrier may, without prejudice to any rights which it may have against the Customer, without notice and without any responsibility, sell or dispose of the Goods and apply any proceeds in reduction of any sums due to Redfort from the Customer.

6. Charges

6.1 All quotations given by Redfort are based on the Charges applicable at the date of the quotation and any relevant rates of exchange, taxes, duties or any other costs, and on the latest available quotations from carriers utilised by Redfort. 

6.2 Charges are deemed earned and are payable upon acceptance of the Goods by Redfort or a Carrier, whether or not the Goods are lost or damaged. 

6.3 Redfort may calculate its Charges by weight, measurement or value, and may at any time reassess the Goods and charge additional Charges accordingly.

6.4 Where a Customer gives special instructions that Redfort’s Charges are to be paid by a third party it shall be liable to pay the Charges if the third party does not pay Redfort within 7 calendar days of delivery, tendered delivery or where the Goods should have been delivered.

6.5 The Customer shall pay Redfort for Services in accordance with Redfort’s invoice for the Charges. 

6.6 All Charges shall be paid by the Customer in full on the due date stated in the invoice, without set-off, counterclaim, or deduction, whether Goods are damaged, or not delivered, Goods or vessel lost or not lost, and such Charges shall be non-refundable in all circumstances. 

6.7 If any moneys due to Redfort for Services are unpaid for 14 calendar days from the due date stated in the invoice, Redfort may, at its discretion, charge the Customer interest at the rate of 4% per annum above the Official Cash Rate of the Reserve Bank of New Zealand, against the total balance outstanding.

6.8 Charges for the Services may at the absolute discretion of Redfort be quoted and/or charged in the currency of origin or destination or another currency based on the higher of mass, volume or value.

6.9 The Customer authorises Redfort in its absolute discretion to advance for the Customer any duties, taxes, or other disbursements for the Goods and undertakes to reimburse Redfort for such duties, taxes, or other disbursements.  If it is necessary to make customs entry of Goods at any place, the Goods shall be deemed to be consigned at that place to the Customer, the Carrier or any person the Carrier designates as customs consignee.

6.10 Redfort reserves the right to recover from the Customer any expenses, legal costs or debt collection agency fees incurred by it in the enforcement of any rights contained in these terms and conditions, including the recovery of outstanding amounts.

6.11 Without prejudice to any other rights it may have, if at any time payment of Charges are in arrears, Redfort shall be entitled: (i) to suspend performance of any of its obligations, until payment of outstanding amounts is made in full, without any liability to the Customer during the period of suspension; or (ii) to terminate the Contract (including following any period of suspension) on giving written notice to the Customer, without any liability to the Customer. 

7. Lien

7.1 All Goods and documents relating to Goods shall be subject to a particular and general lien for moneys due in respect of such Goods or any other moneys due from the Customer to Redfort.   If any moneys due to Redfort are not paid within 30 calendar days after notice has been given to the person from whom moneys are due that the Goods have been detained, they may be sold at the discretion of Redfort and at the expense of such person and the proceeds applied on account of such general or particular lien.

7.2 Notwithstanding any transfer of physical possession, the Goods are not released until all moneys owing have been paid to Redfort.  In the event of any Goods for any reason being delivered to the owner or his nominee without payment having been made in full, Redfort retains a lien on such Goods and may retake possession of them pending payment and may enter any premises for that purpose.

8. Insurance

8.1 Insurance of the Goods is the sole responsibility of the Customer. 

8.2 Charges paid to Redfort do not include the cost of insuring the Goods.

9. Claims Handling

9.1 The Customer agrees that Redfort is not obliged to advise or assist the Customer or any other party to prepare or make a claim against a Carrier and accepts no liability for any loss or damage however caused.  Redfort may agree in writing to provide advice or assistance and may invoice an additional charge for doing so.

10. Liability and Claims

10.1  In the event that Redfort is or is deemed to be the Carrier of the Goods under a contract compulsorily subject to any applicable national legislation or international convention governing the Carriage of the Goods, it shall be entitled to all rights, exceptions and limitations conferred on the Carrier.  Further:

(a) All Carriage which is or is deemed to be subject to the Contract and Commercial Law Act 2017 (CCLA) shall be performed on the basis of “at limited carrier’s risk” as defined in the CCLA, unless otherwise agreed in writing.  The provisions of sections 274 to 281 of the CCLA shall not apply.

(b) Where the Goods are subject to international sea carriage, Redfort shall have the benefit of any rights, exclusions of liability or limitations of liability contained in any bill of lading or waybill or other Transport Document issued in respect of the Goods, or conferred under any applicable national legislation or international convention governing the carriage of the Goods. 

10.2 Notwithstanding any other provision of these terms and conditions, but subject to any mandatory provision of law, Redfort shall not have any liability in respect of claims for:

(a) Any loss of or damage to Goods resulting from any act or omission of the Customer;

(b) Any loss resulting from delay in delivery of the Goods; or

(c) Any loss resulting from a Force Majeure Event.

10.3 In no circumstance shall Redfort be liable for any indirect, consequential, exemplary or special loss or damage or cost or expense, including but not limited to loss of market, loss of profit, loss of revenue, or loss of use. 

10.4 In all other cases, Redfort’s total liability for any claims for loss or damage is limited to the lesser of:

(a) The value of the Goods at the time the Goods were received by Redfort or the Carrier; or

(b) The cost of the Services.

10.5 In all circumstances Redfort’s maximum aggregate liability for all claims arising out of any one incident or occurrence shall be limited to NZ$75,000.

10.6 Any claim for loss or damage must be notified in writing to Redfort within 7 calendar days of delivery of the Goods or the date upon which the Goods should have been delivered, failing which Redfort shall be discharged of liability howsoever arising.

10.7 In any circumstance Redfort shall be discharged from all liability unless an action is commenced in accordance with these terms and conditions within 9 months of delivery or the date upon which the Goods should have been delivered.

11. Legislation

11.1 If the Customer acknowledges that the Services are both provided and acquired “in trade” for the purposes of the New Zealand Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA), all warranties, conditions and other terms implied by the CGA or sections 9, 12A, 13 and 14(1) of the FTA are excluded from these terms and conditions to the fullest extent permitted by law.  The parties acknowledge and agree that the exclusions contained in this clause are fair and reasonable. 

11.2 Where any legislation applies to the Services:

(a) The terms and conditions shall be read subject to any provision which is mandatory; and

(b) Redfort shall be entitled to any rights, exclusions of liability or limitations of liability applicable under such legislation.

11.3  These terms and conditions are to be read subject to relevant statutory provisions having effect in New Zealand which by law cannot be excluded, restricted or modified.   Any such term and condition of these terms and conditions, which is inconsistent with or repugnant to that legislation, shall be null and void to the extent (but no further) of such inconsistency or repugnance.

12. Sub-Contracting and Indemnity

12.1 Redfort shall be entitled to sub-contract on any terms the whole or part of the Services. 

12.2  Any person providing the Services (other than Redfort) shall have the benefit of these terms and conditions as if they were expressly for his or her benefit and in entering into the Contract, Redfort does so as agent and trustee for such person.

12.3  If Redfort sub-contracts the whole or part of the Services to another person, the Services provided by Redfort are also subject to the terms and conditions of the contract between Redfort and that other person and Redfort shall have the benefit of all provisions benefiting that other person as if those provisions were expressly for the benefit of Redfort. In the event of and to the extent of any inconsistency between these terms and conditions and the terms and conditions of the contract between Redfort and the other person, these terms and conditions are paramount.

13. Termination

13.1  Redfort may terminate the Contract at any time by giving written notice to the Customer:

(a) If clauses 6.11 applies;

(b) If the Customer is in material breach of the Contract; or

(c) If the Customer is unable to pay its debts as they fall due, goes into receivership or liquidation, or ceases to carry on its business.

13.2  If Redfort elects to terminate the Contract under this clause, termination shall be without prejudice to any rights, powers or remedies it may have under these terms and conditions or at law, existing at the date of termination. 

13.3 Either party may terminate the Contract by giving written notice to the other if a Force Majeure Event continues for a period exceeding 90 calendar days, in which case termination shall be without prejudice to any rights, powers or remedies it may have under these terms and conditions or at law, existing at the date of termination. 

14. Force Majeure

14.1 For the purposes of this section, “Force Majeure Event” means a circumstance beyond a party's reasonable control, including, without limitation:

(a) fire; flood; explosion; epidemic; riot; civil commotion; any strike; lockout or other industrial action; act of God; war; warlike hostilities or threat of war; terrorist activities; accidental or malicious damage; and

(b) any prohibition or restriction by any government or other authority which affects the Contract and which is not in force on the date of the Contract.

14.2 Neither party shall be liable to the other, or be deemed to be in breach of the Contract, by reason of any delay in performing, or failure to perform, any of its obligations (other than payment obligations) under the Contract, if the delay or failure was due to a Force Majeure Event.

14.3 A party claiming to be unable to perform its obligations under the Contract (either on time or at all) due to a Force Majeure Event shall notify the other party of the nature and extent of the circumstances in question as soon as practicable.

15. Law

15.1 These terms and conditions shall be governed by and construed in accordance with New Zealand law.

16. Arbitration

16.1  Any dispute or difference arising out of or in connection with the Contract, or the subject matter of the Contract, including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand.  The arbitration shall be conducted in accordance with the Arbitration Act 1996 or any re-enactment or amendment.  The language of the arbitration shall be English. 

16.2 Notwithstanding the obligation to resolve any dispute in accordance with this clause, neither party is prevented from applying to a Court at any stage for such urgent, interim, injunctive or other relief that cannot be obtained through the arbitral process.

17. Privacy

17.1 Personal information that the Customer provides to Redfort via the website will be handled in accordance with the Privacy Policy.