Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Office Movers Auckland,  94 Anzac Street Takapuna Auckland NZ 0622
• Country refers to: New Zealand
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Office Movers Auckland, accessible from https://www.officemoversauckland.co.nz/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law Of NZ

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email:admin@officemoversauckland.co.nz
• By phone number: 09-884 0991

CONDITIONS OF MOVING

1. Payment.
2. a) Strictly Cash or card on completion for ALL moves. Please note Visa and MasterCard will attract 3% processing fee.
3. Liability & Public Liability.
4. a) All goods are carried solely at “Owners Risk” as defined under the contract and Commercial law Act 2017 Section 250. Subsection (1) a. These goods are to be carried at the owner’s risk. Therefore, the carrier will pay no compensation if goods are lost/damaged unless the carrier intentionally loses or damages them. We can tailor full transit insurance for both household and commercial movers from New Zealand’s leading transit insurance providers. Minimum insurable value starts from $10,000 up to $5 mil. In addition, We provide Cover for Public Liability.
5. b) Our team provides the utmost care and attention to your property. However, there remains a risk of scruffs to internal walls and stairwells, especially with the larger furniture and whiteware items. As this risk is very low, all work carried at either loading or unloading site will be carried out at “Owners Risk” and is un-insurable.
6. c) Damage caused by our vehicles to driveways, public footpaths, underground pipelines, cables, sewerage, and similar underground installations, and overhanging power or telephone lines are un-insurable. Should our staff be instructed by the Owner, Consignor, Consignee or Shipper, or any person acting on their behalf to drive any of our vehicles across an area where such damage is likely to occur, compliance with such instructions will not in any way involve the Company or its Insurers in responsibility for any subsequent damage which may be sustained. Such responsibility will rest solely in the hands of the Owner, Consignor, Consignee, or Shipper.
7. d) All bookings are carried out on a “best-effort” basis. We aim to make it on time for every booking. However, we sometimes inevitably run delays. But, our team will not be held liable for personal or business losses arising from such delays in any way.
8. Carrier’s Lien.
9. a) OfficeMoversAuckland shall have a contractual lien, both particular and general over the debtors goods and assets. This includes all charges, costs, fees, and other liabilities that are due and payable to OfficeMoversAuckland in relation to work carried out on behalf of the debtor. The debtor shall indemnify OfficeMoversAuckland upon demand for all claims by any third party for any losses resulting from OfficeMoversAuckland retaining possession of the debtor’s goods and assets and for all costs and expenses incurred by OfficeMoversAuckland in connection with such proceedings or actions, including but not limited to legal costs and enforcement costs.
10. Defaults.
11. a) Defaults will incur collection, legal and administrative charges for added time and resources required to resolve the account. An interest rate of 25 % per annum compounding monthly will be charged.
12. b) However, we reserve the right to recover any materials used in the relocation process in the event of default. This includes, but is not limited to, any packing materials and supplies used. We will not be held liable for any damages to the property during this recovery process. The debtor will be held liable for all costs incurred in this recovery process in addition to any damages to third party property which may ensue.
13. Cancellations and Delays.
14. a) Minimum cancellation fees of 10% will apply for all PREPAID bookings with 7 days notice.
15. b) Minimum cancellation fees of 25% will apply for all PREPAID bookings with less than 7 days notice. The actual cancellation fee will be determined by the lateness of notice. In addition to, other factors such as time and costs incurred in reserving capacity and making arrangements on our end.
16. c) OfficeMoversAuckland will make every effort to carry out your move as scheduled at the time of booking. However, delays can occur for a range of reasons. Including but not limited to bad weather conditions, delays in moves booked prior, mechanical breakdowns, technical issues, and traffic delays. Scheduled start times cannot be guaranteed and OfficeMoversAuckland will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation.
17. Conditions Of Storage.

The Storer (CLIENT):

(a)  Accepts that the only purpose of the space provided by OfficeMoversAuckland to the Storer is for storing Goods. No other services are provided or responsibilities are taken by OfficeMoversAuckland.

(b)  Is deemed to be aware of the Goods in the allocated space.

(c)  Accepts that the agreement does not grant the Storer a lease or interest in the space.

(d)  Warrants that they are the owner of the Goods in the allocated space and/or are authorized agents for the true owner/s of the Goods in the allocated space.

(e)  Accepts that OfficeMoversAuckland has the right to enter into the allocated space at any time without notice.

(f)  Accepts that only OfficeMoversAuckland and its employees are permitted to make deliveries and removals from the allocated Space unless agreed otherwise in writing. However, Any requests for third party access must be made in writing by the Storer to OfficeMoversAuckland.

OfficeMoversAuckland is entitled to claim a general lien over the Goods in the allocated Space for any unpaid Fees, Costs or Expenses.

7. Fees, Costs, And Expenses.

(a) The Storer is responsible for prompt payment to OfficeMoversAuckland. This includes all Storage Fees and charges agreed upon at commencement.

(b)  The Storage Fee is payable in advance. Therefore, it is the Storer’s responsibility to ensure that payment is made directly to OfficeMoversAuckland. This must be on time, in full, throughout the period of storage.

(c)  However, A Late Payment Fee of $15 becomes payable each time a payment is missed.

(d)  In conclusion, The Storer is responsible for any costs or expenses incurred by OfficeMoversAuckland in collecting late or unpaid Storage Fees. In addition, maintaining the Goods, selling the Goods in the enforcement of a lien, or in enforcing this Agreement in any way. This includes but is not limited to postal, telephone, debt collection, advertising, and/or the default action (plus legal costs on client/solicitor basis) costs.

(e) The Storer accepts that, in the event of the Storage Fee, Cost, Expenses or any other money owing under this Agreement, not being paid in full within fourteen (14) days of the due date, OfficeMoversAuckland may, without further notice, enter the Space, by force or else, retain the Deposit (if any) and/or sell or dispose of any Goods in the Space on such terms that OfficeMoversAuckland may decide.

In addition, OfficeMoversAuckland may also require payment of default action costs. This includes any Costs or Expenses associated with accessing the Storer’s Space, maintaining the Goods, and disposal or sale of the Storer’s Goods. Any excess amounts of money recovered by OfficeMoversAuckland on disposal will be returned to the Storer. In the event that the Storer cannot be located, the excess money will be deposited with the Public Trustee or equal authority.

8. Risk And Responsibility.

(a) No failure or delay by OfficeMoversAuckland to exercise its rights under the Agreement will operate to reduce those rights.

(b) The Storer agrees to indemnify OfficeMoversAuckland from all claims in contract, tort or otherwise for any loss or damage to the property or person injury to:

•  third parties; and/or
•  The true owner of the Goods stored in the allocated space.
•  Goods are stored at Storer’s risk and OfficeMoversAuckland does not provide insurance cover for Goods in allocated space. It is the Storer’s responsibility to arrange their own insurance.

9. Termination.

(a) Either party may terminate this agreement by giving the other party 7 days notice.

(b) Upon termination, the Storer must arrange for all goods in the allocated Space to be removed. However, stored must also leave Space in a clean condition and in a good state of repair satisfactory to OfficeMoversAuckland on date specified.

(c) In conclusion, the Storer must pay any pending monies and any charges on default or other monies owed. Payable to OfficeMoversAuckland up to the date of termination or clause 2(a) will apply.

10. Severability.

If anything in this license agreement is unenforceable, illegal or void, after that it is severed and the rest of the license agreement remains in force and effect.

11. Notice.

Notice will need to be given in writing via email or posted to the address of the Storer. However, the Storer may also give notice over the phone given they are authorized to do so.

Terms Of Service Page

Office Movers Auckland will at all times adhere to NZ Laws and consumer law.

Below in bold is quoted a note from the Consumer Guarantees act which includes services such as ours ,if you have to change your mind and cancel your booking we will not refund you :

“Choose carefully as we do not refund if you change your mind. If any goods or services we provide are faulty we will meet our obligations under the Consumer Guarantees Act.”

reference : https://www.consumeraffairs.govt.nz/pdf-library/publications/refunds.pdf

Kind Regards

Office Movers Auckland management