Import Express terms and conditions

1. Background

1.1 These terms and conditions for New Zealand Post’s Import Express service form part of the agreement between you and us and must be read in conjunction with:

(a) New Zealand Post's Standard Terms and Conditions for Business Customers which set out the terms and conditions applicable to your business relationship and to your services generally; and

(b) any applicable Price and Services Schedule(s).

1.2 In the event of any inconsistency between these terms and conditions and the above documents, these terms and conditions will take precedence.

1.3 By using the Import Express service you accept all the terms and conditions that apply to the use of the Service.

2. Definitions

2.1In these terms and conditions:

"Agent" means any member of the New Zealand Post network and any organisation contracted to or by New Zealand Post to facilitate the fulfilment of this service;

"Charges" means the applicable rates for the delivery of the Item as described in clause 7;

"Duties and Taxes" means all customs duties and taxes charged in relation to the transit and delivery of your Item;

"Import Express Account Number" means the account number we issue to you for use on Import Express Online;

"Import Express Online" means the Import Express online courier function (available at www.dhl.com.au, www.nzpost.co.nz/importexpress or such other website we advise you of) allowing you to create, track and revise Shipment Instructions electronically;

"Item" means any letter, parcel or other item which you require us to deliver on your behalf in accordance with these terms and conditions, excluding any Prohibited Item;

"New Zealand Post Account" means your business account with us;

“Price and Service Schedule” means the applicable price and service schedule forming part of your agreement with us for the Import Express Service;

"Prohibited Item" has the meaning set out in the Schedule to these terms and conditions;

"Recipient" means the addressee identified at the destination address on the Shipment Instructions;

"Sender" means the person who presents an Item to the Agent for delivery to the Recipient on instructions from you;

"Service(s)" means the Import Express service provided to you by us in accordance with these terms and conditions;

"Shipment Instructions" means shipment instructions for an Item as entered by you on Import Express Online.

2.2 All references to dollars in these terms and conditions is to New Zealand dollars.

3. Conditions of Use

3.1 To use the Import Express Service you must:

(a) be a business customer; and

(b) have a New Zealand Post Account.

4. Our Responsibilities

4.1 We will issue you an Import Express Account Number within 3 business days of our acceptance of your application for this service.

4.2 We will endeavour to deliver Items sent by you to all destinations listed at www.nzpost.co.nz/worldzones, as updated from time to time.

4.3 New Zealand Post and its Agent will endeavour to deliver Items within the delivery targets set out below. You acknowledge and agree that:

(a) all times are from the point of pick up/drop off by our Agent in the origin country;

(b) the delivery targets set out below are targets only;

(c) we do not control all elements of the delivery network and cannot guarantee delivery within any specified timeframe;

(d) delivery to areas outside major cities may take longer; and

(e) we are not liable to you for any failure to meet the delivery targets.

Delivery Targets

4.4 Subject to clause 5, we will (including through our Agent) do the following on your behalf:

(a) complete and amend any required documents in relation to all customs requirements, Duties and Taxes in any way associated with the Delivery of the Item;

(b) pay all Duties and Taxes;

(c) act as your forwarding agent for customs and export control purposes and as receiver of the Item for customs clearance and entry on each Item on your behalf; and

(d) use reasonable endeavours to ensure all Duties and Taxes relating to an Item are assessed and approved by the relevant customs authorities in the destination country before the Item arrives so that delivery is not delayed by border control authorities for the purposes of collecting Duties and Taxes.

4.5 If the applicable Duties and Taxes on any one Item exceed, or to the best of our knowledge are likely to exceed, $3,000 in total, we will use reasonable endeavours to detain the relevant Item and seek your authorisation to continue with the service in accordance with your Shipment Instructions. If you do not wish to proceed with the delivery, we will, at your cost, return the Item to the Sender, destroy the Item or take such other steps as agreed by you and us. For the avoidance of doubt, you remain liable for all Duties and Taxes incurred up to and over $3,000 whether authorised by you or not.

4.6 We will use reasonable endeavours to ensure that all Duties and Taxes incurred in relation to each Item are charged to your New Zealand Post Account promptly. You acknowledge and agree that:

(a) New Zealand Post cannot provide exact details of the Duties and Taxes payable on any Item in advance of delivery; and

(b) details of applicable Duties and Taxes may take some time to reach us resulting in delays in such Duties and Taxes being applied to your New Zealand Post Account and, accordingly, Duties and Taxes may appear on more than one invoice in relation to the delivery of an Item.

5. Your Responsibilities

5.1 You must:

(a) comply with:

(i) these terms and conditions; and

(ii) any applicable terms and instructions set out on Import Express Online, provided that in the event of any conflict between any applicable terms to this Service, these terms and conditions will prevail;

(b) ensure that all Shipment Instructions are correctly and accurately completed using Import Express Online; and

(c) not send, or present a Prohibited Item to our Agent for delivery.

5.2 You are responsible for:

(a) packaging the Item, and presenting the Item to our Agent, for delivery;

(b) ensuring that the Item is properly addressed;

(c) ensuring that all information provided to us and our Agent by you or a Sender is complete and accurate;

(d) ensuring compliance with all applicable customs, import, export and other laws and regulations;

(e) payment to us of, in respect of each Item:

(i) the Charges;

(ii) all Duties and Taxes;

(iii) any other charge incurred in relation to the delivery of an Item in accordance with these terms and conditions;

(iv) any applicable additional insurance cover;

(f) the acts and omissions of Senders and Recipients in failing to comply with any requirements of these terms and conditions or the use of the Import Express Service; and

(g) any damage your Item or its contents causes to another item or to any other property.

5.3 You agree:

(a) that we or our Agent may open and inspect any Item at any time; and

(b) to all routing, diversion and transit of the Item being determined by our Agent.

6. Risk and insurance

6.1 Unless you purchase additional cover in accordance with clause 6.2, our liability to you is limited to $2,000 per Item in accordance with, and subject to the limitations and exclusions set out in, New Zealand Post's Standard Terms and Conditions for Business Customers.

6.2 You may purchase additional insurance cover using Import Express Online. The cost of that additional cover will be as set out in your Price and Service Schedule.

6.3 We are not liable to you for any loss or damage suffered by you or any Sender or Recipient due to:

(a) your failure or the failure of a Sender or Recipient to comply with any of these terms and conditions, or any applicable law or regulation (in any jurisdiction relevant to the provision of the Services);

(b) the failure of a Sender or Recipient to comply with your instructions;

(c) a delay in the delivery of any Item.

7.Charges

7.1The Charge for each Item will be determined by applying the higher of the:

(a) actual weight of the Item as determined by vetted scales; and

(b)volumetric weight of the Item, to the rates set out in the Price and Services Schedule. The applicable weight will be measured in 500 grams increments and all weights rounded to the next 500 grams. For example, an Item with an actual or volumetric weight of 1.3 kilograms will be charged at 1.5 kilograms.

7.2 The minimum charge for an Item will be based on a weight of 500 grams.

7.3 The volumetric weight (kg) will be calculated by multiplying the height (m) by the length (m) by the depth (m) of your package and multiply by 200. For example:

(0.45m x 0.4m x 0.3m) x 200 = 10.8kg (rounded to 11 kg)

7.4 If the Item exceeds any of the dimensions set out below, please contact your New Zealand Post Account Manager to enquire about possible options.

8. Miscellaneous

8.1 You may stop using the Import Express Service at any time (this does not apply to any Item already presented to our Agent for delivery).

8.2 We may withdraw the Import Express Service at any time for any reason if we provide you with 30 days’ written notice or with immediate effect in the event our Agent (for whatever reason) ceases to perform the Service on our behalf.

8.3 We may amend these Import Express Terms and Conditions at any time if we provide you with 30 days’ written notice.