Terms and Conditions Forza Logistics Limited

Last updated: 19th September 2025

IMPORTANT NOTICE: Forza Logistics Limited does not provide automatic insurance cover for your goods. Unless you specifically request insurance, we confirm it in writing, and you pay the required premium, it is deemed that you have your own insurance in place or are self‑insured and accept all risk of loss or damage. By using our services, you expressly waive any right to claim against Forza Logistics for any uninsured loss.

1. Definitions and Interpretation

1.1 Definitions:
In these Terms:

“Consignment” means the goods we are engaged to handle, ship, transport, or store on your behalf.
“Goods” means the items that make up the Consignment.
“Services” means any services we provide to you including arranging receipt, packing, storage, transport, customs clearance, delivery, or any other logistics services.
“Subcontractor” means any person or company engaged by us to perform any part of the Services.
“Representatives” means a party’s employees, contractors, or agents.

1.2 Interpretation:
Unless the context requires otherwise:

Headings are for convenience only.
“Including” and similar expressions are not words of limitation.
The singular includes the plural and vice versa.
References to legislation include amendments and replacements.

2. Nature of Services

2.1 Agent Role: Unless we expressly agree otherwise in writing, we act solely as your freight forwarding and customs agent and not as an actual carrier.

2.2 Authority: You authorise us to:

Enter into contracts on your behalf with carriers, warehouses, and other third parties for handling of Goods.
Provide instructions, consolidate or split shipments, and generally act as we reasonably consider necessary to carry out the Services.

2.3 Right to Decline: We may refuse to provide Services in respect of any person, goods, or shipment at our discretion.

3. Subcontracting

3.1 We may subcontract any part of the Services on any terms we consider appropriate.

3.2 All protections, limitations of liability, and indemnities in these Terms extend to our subcontractors and agents to the fullest extent permitted by the Contract and Commercial Law Act 2017 (CCLA).

4. Pricing and Quotes

4.1 Unless stated otherwise in writing, all prices are estimates only and subject to change. You agree to pay:

Our charges;
Charges of any subcontractors;
Taxes, duties, port fees, demurrage, storage, crane hire, towage, or other reasonable disbursements.

4.2 Foreign Currency: If costs are incurred in a currency other than NZD, we may convert those costs at the exchange rate quoted by our bank on the invoice date.

4.3 GST: All charges are exclusive of GST and other taxes unless expressly stated.

5. Payment Terms

5.1 Payment Due: All invoices are payable immediately on issue unless otherwise agreed in writing.

Imports: Full payment must be received before Goods are released to you.
Exports: Full payment must be received before shipping documents are released.

5.2 Advance Payment: We may require funds in advance to cover third-party charges (e.g., shipping, duties, port fees).

5.3 Late Payment: Overdue amounts may incur:

Interest at our bank’s overdraft rate plus 9% p.a. from due date until payment.
Recovery costs, including legal fees and collection costs (recoverable on a solicitor–client basis).

5.4 Right to Suspend or Terminate: We may suspend Services or exercise a lien over Goods until all amounts are paid.

6. Delivery, Risk, and Lien

6.1 Delivery: Goods are deemed delivered when made available at the nominated delivery location or collection point.

6.2 Lien: We have a general lien over all Goods and related documentation for any amounts owing to us. If payment is not made within 21 days of written demand, we may sell the Goods by public auction or private sale, apply proceeds to outstanding amounts, and refund any surplus (if any).

6.3 Security Interest: You grant us a security interest under the Personal Property Securities Act 1999 (PPSA) in all Goods and proceeds to secure payment. We may register this interest on the PPSR. You waive your right to receive a verification statement.

7. Warranties by You

You warrant that:

You are the owner or authorised agent of the Goods.
All information you provide (e.g., descriptions, values, customs information) is complete and accurate.
Goods are properly packed and comply with all relevant laws, including the Customs and Excise Act 2018.
Goods are not prohibited, restricted, or hazardous unless disclosed and accepted by us in writing.

You indemnify us for any costs, penalties, or losses arising from breach of these warranties.

8. Insurance

8.1 Client’s Responsibility: Unless additional insurance is specifically requested by you, agreed to in writing by us, and paid for in full, it is deemed that you either have your own insurance in place for the Goods or that you are self-insured and accept all risk of loss or damage.

8.2 Waiver of Claim: You expressly waive any right to make a claim against Forza Logistics, its employees, or subcontractors for any uninsured loss, damage, or expense relating to the Goods.

8.3 Our Role: Where you request insurance, we will arrange it as your agent only. We are not the insurer and accept no liability for any claim that is refused by the insurer.

8.4 Uninsured Loss: You acknowledge that we are not responsible for any uninsured loss and that any claim must be made directly against the insurer if cover was arranged.

9. Prohibited and Restricted Goods

Unless specifically agreed in writing, we will not accept:

Hazardous, toxic, or flammable goods;
Currency, jewellery, securities, antiques, artworks, or other high-value items;
Perishables or livestock.

If prohibited goods are delivered to us without disclosure, we may dispose of them at your cost and you indemnify us for any loss, penalty, or liability incurred.

10. Liability

10.1 Statutory Risk Level: Where the CCLA Part 5, Subpart 1 applies, carriage is at limited carrier’s risk (maximum liability $1,000 per unit unless higher value is declared and extra charges paid).

10.2 Exclusions: To the fullest extent permitted by law, we are not liable for:

Indirect, consequential, or economic loss (e.g., loss of profit, opportunity, reputation).
Loss or damage caused by delays, strikes, natural disasters, or events beyond our reasonable control.
Seizure by customs or failure to comply with regulatory requirements.

10.3 CGA: Where you acquire Services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.

10.4 Time Limits for Claims:

Written notice of any claim must be received within 3 days of delivery (or 7 days in case of loss).
Legal action must be commenced within 3 months of delivery or expected delivery date.

11. Indemnity

You agree to indemnify and hold harmless Forza Logistics, its directors, employees, and subcontractors against all losses, claims, fines, or expenses arising from:

Breach of these Terms;
Negligence or misconduct by you or your agents;
Third-party claims relating to the Goods.

12. Privacy

We comply with the Privacy Act 2020. You authorise us to collect, store, and use personal information for:

Assessing creditworthiness;
Providing and improving our Services;
Complying with legal obligations.

You have the right to access and request correction of personal information we hold. See our [Privacy Policy] (if applicable) for more details.

13. Force Majeure

We are not liable for failure or delay in performing the Services where caused by events beyond our reasonable control (e.g., natural disasters, strikes, war, pandemic). Payment obligations remain enforceable despite force majeure.

14. General

Amendments: Any amendment must be in writing and agreed by both parties.

Assignment: You may not assign your rights without our prior written consent.

Entire Agreement: These Terms are the entire agreement between you and us.

Severability: If any provision is invalid, the remainder continues in force.

Governing Law: These Terms are governed by New Zealand law and subject to the non-exclusive jurisdiction of the New Zealand courts.