Terms & Conditions

1. DEFINITIONS AND INTERPRETATION1.1 Kapai Logistics is a subsidiary of Kapai Cleaning Limited, a registered company. All insurance, billing & invoices are done under Kapai Cleaning.1.2 In these Terms, unless the Contract otherwise requires:(a) Singular terms shall include the plural and vice versa;(b) “the Contract” means the agreement between Kapai Logistics and the Customer, consisting of these Terms of Trade and the accepted Service Proposal;(c) “the Customer” means the individual or entity who has accepted the Service Proposal from Kapai Logistics;(d) “the Goods” refers to items as defined in section 246 of the Contract and Commercial Law Act 2017;(e) “the Proposal” means the email correspondence from Kapai Logistics addressed to the Customer or the Customer’s agent, containing or attaching the Service Proposal;(f) “the Service Proposal” means Kapai Logistics’ offer to perform the Services as detailed in the Proposal;(g) “the Services” refers to the transport, packing, unpacking, handling of Goods, and any other services related to the Goods performed by Kapai Logistics;(h) “Terms” and “Terms of Trade” means the terms and conditions set out in this document;

2. PARTIES

2.1 This contract is between Kapai Cleaning/Logistics and the Customer.2.2 All services requested by the Customer and undertaken by Kapai Logistics are subject to these Terms of Trade.

3. SERVICE PROPOSALS

3.1 The Service Proposal  is not binding on Kapai Logistics unless accepted by the Customer within 7 days of the date of the Service Proposal. Charges for Services are based on time and costs incurred, including travel, calculated in 15-minute intervals.3.2 The Service Proposal is based on the following assumptions unless otherwise agreed in writing:(a) The Customer has accurately described the Services required, including:(i) The nature and quantity of the Goods; and(ii) Access to the relevant property.(b) The Goods will be packed and available for Kapai Logistics at the agreed time;(c) Performance of the Services will not be interrupted or delayed by the Customer;(d) Services will be performed during Kapai Logistics' usual operating hours;(e) Kapai Logistics may perform the Services before or after the agreed time if deemed necessary;(f) There are adequate access points, including staircases and doorways, at collection and delivery addresses;(g) Goods do not need to be removed from or delivered above the 2nd floor;(h) Additional charges may apply for extra vehicle(s) and/or labour due to access issues or inaccuracies in the Service Proposal;(i) Kapai Logistics may charge for extra costs resulting from delays not caused by Kapai Logistics;(j) Window or balcony access and/or tackle, if required, will be used at Kapai Logistics’ discretion and at the Customer’s risk and expense.3.3 Kapai Logistics may charge for any additional work or expenses incurred due to changes in the Service Proposal or inaccuracies in the Customer’s description.3.4 Kapai Logistics may allocate resources at its discretion and will not charge for resources beyond those described in the Service Proposal unless due to inaccuracies, unpreparedness, or circumstances beyond its control.3.5 If additional Goods are handled beyond the specified quantity, conditions apply and extra charges will be fixed by Kapai Logistics.3.6 If delivery access is unavailable and storage is required, Kapai Logistics may charge for storage, handling, and redelivery at standard rates.3.7 The Service Proposal does not include:(a) Special packing for fragile items unless explicitly mentioned;(b) Removing or installing fixtures, blinds, curtains, carpets, or floor coverings;(c) Re-affixing fixtures or fittings;(d) Dismantling or reassembling equipment like refrigerators or home theatres;(e) Re-hanging pictures, curtains, or removing non-household effects;(f) Dismantling or re-affixing special items such as pianos;(g) Removing or erecting television aerials; or(h) Other services not directly related to the Services.3.8 If such additional work is undertaken, all Terms of Trade apply, and charges may apply.

4. LOSS, DAMAGE, AND DELAY

4.1 Services are performed “at owner’s risk” as defined in the Contract and Commercial Law Act 2017. Kapai Cleaning Ltd /Kapai Logistics is not liable for loss or damage unless caused intentionally.4.2 Kapai Cleaning Ltd /Kapai Logistics’ liability is limited to the price paid by the Customer for the Services related to the liability.4.3 Kapai Cleaning Ltd /Kapai Logistics is not liable for any indirect, special, or consequential damages, including loss of business or reputation, arising from the Services.4.4 To the maximum extent permitted by law, Kapai Cleaning Ltd /Kapai Logistics is not liable for:(a) Loss or damage to the Goods;(b) Non-delivery, mis-delivery, or delay;(c) Advice or assistance provided in connection with the Services;(d) Damage to property or structures during handling;(e) Any loss or damage arising from the above points.4.5 The Customer must ensure no Goods are left behind or taken in error and that Goods in unoccupied premises are protected. Kapai Cleaning Ltd /Kapai Logistics accepts no liability and the Customer indemnifies Kapai Logistics against such claims.4.6 Kapai Cleaning Ltd /Kapai Logistics is not responsible for Goods not specified in the Contract. The Contract does not imply the condition of Goods or containers.4.7 The Customer must ensure Goods are packed adequately. Kapai Cleaning Ltd /Kapai Logistics accepts no liability for inadequately packed Goods.4.8 Kapai Cleaning Ltd /Kapai Logistics is not liable for any loss or damage to Goods while on the Customer’s premises.4.9 Kapai Cleaning Ltd /Kapai Logistics will make reasonable efforts to complete work on time but is not liable for delays beyond its control and may deviate from routes without affecting liability.

5. INSURANCE

5.1 The Customer is responsible for arranging their own insurance.5.2 Kapai Cleaning Ltd /Kapai Logistics maintains Comprehensive Motor Vehicle and General Liability Insurance. Liability is limited to the cover provided by Kapai Logistics’ insurance policies.5.3 Claims for loss or damage must be made within 7 days of completing the Services.5.4 Any disputes over work or costs must be raised in writing within 7 days of the invoice date.

6. WARRANTIES AND INDEMNITIES BY THE CUSTOMER

6.1 The Customer warrants that, except as previously advised and accepted by Kapai Logistics in writing:(a) The Goods are not dangerous, corrosive, or infested;(b) The Goods are the Customer’s unencumbered property and the Customer has authority to engage Kapai Cleaning Ltd /Kapai Logistics;(c) The Customer has obtained necessary permits and approvals for access to property;(d) The Goods are not subject to transportation restrictions.6.2 If warranties are breached, Kapai Cleaning Ltd /Kapai Logistics may remove, sell, or dispose of the Goods without liability for their value or any resulting loss.6.3 The Customer indemnifies Kapai Cleaning Ltd /Kapai Logistics against all losses, claims, and expenses arising from:(a) Breach of warranties;(b) Breach of Terms of Trade;(c) Acts or omissions by the Customer;(d) Actions taken to protect Goods;(e) Damage to others' property;(f) Any act or omission by Kapai Cleaning Ltd /Kapai Logistics in performance of its obligations.

7. PAYMENT

7.1 Charges for Services are due upon completion.7.2 All amounts are exclusive of Goods and Services Tax unless stated otherwise.7.3 Removal and packing charges are payable before collection unless otherwise agreed in writing. Payment covers all quoted charges.7.4 If payment is delayed for 30 days, Kapai Logistics may charge interest and a $100.00 default fee for administrative costs.7.5 Kapai Cleaning Ltd /Kapai Logistics may recover all costs related to payment recovery, including legal fees and debt collection costs.7.6 Disputes over work or invoices must be made in writing within 7 days of the invoice date.

8. GENERAL

8.1 Services are governed by New Zealand law.8.2 If there are multiple Customers, they are jointly and severally liable.8.3 A person acting on behalf of the Customer is personally liable under the contract.8.4 Notices to the Customer are deemed received:(a) The day after posting to their last known address; or(b) Upon email transmission to the provided address.8.5 Kapai Logistics will deliver goods only to the Customer or an authorised representative and only upon written order and payment.8.6 Kapai Logistics may transfer Goods between vehicles or storage and charge for storage costs.8.7 If there is delivery delay or the Customer cannot receive Goods immediately, Kapai Logistics may unload them into storage and consider this delivery.8.8 Modifications to these Terms must be in writing and signed by a director of Kapai Logistics.8.9 Kapai Logistics may act as an agent for the Customer or owner of the Goods and may take necessary actions at the Customer’s cost.8.10 Kapai Logistics may engage other contractors or transport companies and accept their terms on the Customer’s behalf.8.11 Only the Customer can enforce obligations under these Terms.8.12 Responsibility for Kapai Logistics’ vehicle and contents remains with the driver, who may refuse instructions if it risks safety.8.13 These Terms prevail over any Customer-provided terms. Where the Consumer Guarantees Act 1993 applies, these conditions are subject to that Act.

9. CANCELLATION

9.1 Kapai Logistics reserves the right to cancel the contract if it cannot meet the required dates or for any other valid reason. Neither party shall have any claim against the other in such cases.