Terms and Conditions

1. Application

1.1 These terms and conditions are applicable to all business transactions undertaken by Result Aviation. By accepting Result Aviation's quote or requesting services, including the use of services by the customer, the customer agrees to comply with these terms and conditions.

1.2 The contractual agreement between Result Aviation and the customer is based on Result Aviation's quote or any other document outlining the terms of service and these terms and conditions.

1.3 These terms and conditions supersede any other terms and conditions outlined in documents issued by the customer, and they are enforceable by contractors, sub-contractors, or agents of Result Aviation.

1.4 In the case of a conflict between these terms and conditions and the terms and conditions in a transport document, these terms and conditions will take precedence.

1.5 Result Aviation has the right to reject service, temporarily suspend service, or agree to provide services with special conditions at its discretion.

1.6 Result Aviation is authorized to modify these terms and conditions at any time without prior notice.

2. Definitions

"Carriage" refers to the transportation of goods from the point of origin to the point of destination or any intermediate points as specified, and includes any related services.

"Carrier" refers to the third-party contractor engaged by Result Aviation to transport the goods on behalf of the customer.

"Charges" encompasses freight, demurrage, detention, bunker adjustment costs, cartage, port dues/fees, agency or booking or management fees charged by Result Aviation, and any expenses incurred by Result Aviation in carrying out the services, but it excludes the cost of insurance.

"Container" refers to any container, trailer, transportable tank, flat rack, pallet, or other packaging or item used to consolidate, store, carry or package the goods.

"Customer" refers to the person or entity obtaining services from Result Aviation, and includes the consignee, shipper, receiver, owner, or bailor of the goods, as well as their representatives or agents.

"Dangerous Goods" refers to goods that are hazardous, noxious, explosive, radioactive, flammable, capable of causing damage to property or goods, capable of injuring persons, unlawful or illegal, or harbor or may harbor pests, vermin, or unwanted organisms.

"Force Majeure Event" has the meaning given to it in clause 14.1.

"Goods" refers to the cargo or goods accepted by Result Aviation for the provision of services, and also includes any containers not supplied by Result Aviation.

"Result Aviation" refers to Result Aviation Limited, including its agents, subcontractors, and employees, as well as any subsidiary or related companies.

"Services" refers to the services performed by Result Aviation, including incidental services, for:

a) arranging or procuring the carriage of goods;
b) carrying the goods in accordance with clause 3.3 of these terms and conditions; or c) any other services more specifically set out in the contract.

"Transport Document" refers to any document issued by a third party related to the transport of goods, such as an air waybill, bill of lading, sea waybill, warehouse receipt, or consignment note.

3. Services

3. 1 Result Aviation operates as a customs and forwarding agent, providing services solely as an agent unless otherwise stated. Unless explicitly agreed upon, Result Aviation's responsibility is limited to arranging the transportation of goods through a reputable carrier on behalf of the customer.

3.2 Result Aviation does not make any contract for the carriage of goods and is not the carrier of the goods. Any agreement for the transportation of goods will be between the customer and the carrier, unless otherwise noted.

3.3 Result Aviation may issue a bill of lading or other transport document that identifies them as the carrier, but if there is any inconsistency with these terms, the terms and conditions of that document will take precedence, including any rights, limitations, and exclusions of liability.

3.4 Result Aviation and its contractors may use any means of transportation or storage, transfer goods from one conveyance to another, and load or unload the goods at any place, among other things, at their discretion and without notice to the customer. The goods may also be warehoused or stored at any place of Result Aviation's or its contractor's choosing, at the customer's risk and expense.

3.5 Result Aviation will not declare the value of the goods in a transport document unless instructed to do so in writing by the customer. They will not accept or deal with goods with special requirements, such as dangerous goods, goods requiring permits or licenses, perishable goods, or valuables of any kind, without prior notification and written agreement.

3.6 If the customer delivers any goods with special requirements to Result Aviation or its contractors without prior notification and written agreement, Result Aviation and its contractors will not be liable for any loss or damage arising from their handling of the goods.

3.7 The customer will be responsible for any loss or damage caused by, to, or in connection with the goods.

3.8 The customer must indemnify and hold harmless Result Aviation and its contractors and their respective servants, agents, or subcontractors against all penalties, claims, damages, costs, and expenses arising as a result. If necessary, goods with special requirements may be destroyed or otherwise dealt with at the sole discretion of Result Aviation or its contractors, or any other person in custody of the goods, at the expense of the customer, without any liability.

3.9 If Result Aviation agrees to arrange the carriage of goods with special requirements, the customer must provide all necessary directions, documents, and information relating to the goods (including relevant permits) to enable Result Aviation or its contractors to comply with applicable laws and regulations and arrange for safe and proper handling.

3.10 During the performance of services, Result Aviation or its contractors may take images of the goods to record their condition 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 Result Aviation 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 Result Aviation.

(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 Result Aviation 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 Result Aviation 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 Result Aviation 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 Result Aviation 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 Result Aviation all assistance, information and documents as may be necessary to enable Result Aviation to comply with such laws, regulations, orders or requirements; and

(iii) Pay the Charges of Result Aviation 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 Result Aviation’s written agreement to accept such Goods for Carriage.

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

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

(b) Loss, damage, fees and expenses arising or resulting from any inaccuracies or inadequacy in information provided by it to Result Aviation 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 Result Aviation:

(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 Result Aviation 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 Result Aviation or its contractors may take images of the Goods pursuant to clause 3.11

5. Delivery

5.1 Goods will be deemed delivered to the Customer when they are delivered to the address or location specified by the Customer, or to the designated port of discharge or place of delivery as agreed between Result Aviation and the Customer.

5.2 Upon delivery in accordance with clause 5.1, Result Aviation's responsibility and liability for the Goods shall cease.

5.3 Any estimated delivery times provided by Result Aviation are approximate only, and Result Aviation does not guarantee that the Goods will arrive at their destination at any specific time or to meet any particular market or use. Result Aviation shall not be liable for any losses or damages arising from any delay in delivery of the Goods.

5.4 If the Customer fails or refuses to take delivery of the Goods at the designated time and location, Result Aviation may, without notice to the Customer, unpack and store the Goods at the risk and cost of the Customer. Such storage shall be deemed delivery, and Result Aviation's responsibility and liability for the Goods shall cease.

5.5 If the Customer fails to take delivery of the Goods within 30 calendar days of the due delivery date or if, in the reasonable opinion of Result Aviation or the Carrier, the Goods are likely to deteriorate, decay, become worthless or incur charges in excess of their value, or if the Goods are insufficiently addressed, marked or identifiable, Result Aviation or the Carrier may, without prejudice to any other rights, sell or dispose of the Goods and apply any proceeds towards any sums owed to Result Aviation by the Customer.

6. Charges

6.1 All quotations given by Result Aviation 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 Result Aviation.

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

6.3 Result Aviation 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 Result Aviation’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 Result Aviation within 7 calendar days of delivery, tendered delivery, or where the Goods should have been delivered.

6.5 The Customer shall pay Result Aviation for Services in accordance with Result Aviation’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, lost, or not delivered, and such Charges shall be non-refundable in all circumstances.

6.7 If any moneys due to Result Aviation for Services are unpaid for 14 calendar days from the due date stated in the invoice, Result Aviation 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 Result Aviation 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 Result Aviation in its absolute discretion to advance for the Customer any duties, taxes, or other disbursements for the Goods and undertakes to reimburse Result Aviation 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 Result Aviation 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, Result Aviation 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 Result Aviation. If any moneys due to Result Aviation 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 Result Aviation 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 Result Aviation. In the event of any Goods for any reason being delivered to the owner or his nominee without payment having been made in full, Result Aviation 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 Result Aviation do not include the cost of insuring the Goods.

9. Claims Handling

9.1 The Customer agrees that Result Aviation 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. Result Aviation 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 Result Aviation 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 air carriage, Result Aviation shall have the benefit of any rights, exclusions of liability or limitations of liability contained in any air 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, Result Aviation 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

10.3 In no circumstance shall Result Aviation 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, Result Aviation’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 Result Aviation or the Carrier; or

(b) The cost of the Services.

10.5 In all circumstances Result Aviation’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 Result Aviation within 7 calendar days of delivery of the Goods or the date upon which the Goods should have been delivered, failing which Result Aviation shall be discharged of liability howsoever arising.

10.7 In any circumstance Result Aviation 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) Result Aviation 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 Result Aviation 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 Result Aviation) 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, Result Aviation does so as agent and trustee for such person.

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

13. Termination

13.1 Result Aviation 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 Result Aviation 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. Governing Law

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

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 subsequent 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 Result Aviation via the website will be handled in accordance with Result Aviation's Privacy Policy.