Terms of Trade
AUTOHUB SERVICE DESCRIPTION AND TERMS OF TRADE.
- On receipt of the appropriate information from you selling dealer or agent, AUTOHUB Ltd will pre-book shipping space, and immediately forward you notification of the intended shipping detail plus ETA in New Zealand by way of a copy of a "an email."
The Shipping details contained in the email sent to you, will also be forwarded to your Selling Dealer or Agent, and retained by them. This will take the form of an "Agent Consent to Release". Once payment arrangements have been satisfied between you and the dealer or agent. this should be sent to AUTOHUB New Zealand Ltd (AUTOHUB NZ) as an authority to release the vehicles to you,
Until AUTOHUB NZ receives a fax copy of the duly completed Release Form from your selling dealer or agent, the vehicles have to be regarded to be the property of the dealer /agent. AUTOHUB NZ will have no discretion to release them without it. (This is no different to the requirement of having to present an original copy of a Bill of Lading (released or sent by your Agent) to obtain delivery). - When you receive a copy of the Booking, you should check that all booking details are correct. If there is any problem, you must contact AUTOHUB NZ and advise it immediately of the error. AUTOHUB NZ will then communicate with AUTOHUB Japan or Singapore in attempt to resolve the problem at no cost to you
AUTOHUB will not be liable for errors if you had not bothered to inform us prior to loading vessels. So please check thoroughly all booking confirmation sheets. - AUTOHUB Japan, or Singapore will complete all necessary tasks to enable the exportation of the vehicles. But in the event that the initial booking cannot proceed, (e.g. delays in documentation by your agent) you will be notified of the amendment, and the reason for change, by AUTOHUB.
- AUTOHUB NZ will attend to all matters of customs and MAF clearance and transport the vehicles to the place nominated by you to be the delivery point for the vehicles shipped. This will be accomplished for the fee contained in the AUTOHUB NZ Invoice issued prior to vehicle arrival.
Approximately 5 working days prior to arrival of the vehicles in New Zealand, AUTOHUB NZ will invoice you for its services plus any other incidental charge not deemed as a "normal" part of this service.(These extra charges include any extra costs due to immobile or damaged vehicles, whether actual, or deemed necessary by Port Handling Crews, or Shipping Companies, or Transportation Companies, or incurred by unforeseen circumstances, and not being an error or omission by either AUTOHUB Japan, Singapore, or AUTOHUB NZ).
The AUTOHUB NZ service and other NZ based services will also attract GST (or such other tax as may from time to time be imposed by government) at the rate of tax then prevailing, together with all charges (including GST) levied by the NZ Customs Service (eg Import Duty imposed on "Inclusions" contained inside vehicles).
Failure to pay as requested could result in delays in delivery, and may result in AUTOHUB NZ having to place your vehicles into storage at your cost (as a cheaper alternative to incurring Port demurrage charges). You will also be liable for the handling costs incurred. - In the ordinary course of events AUTOHUB NZ will be in possession of all NZ clearances (shipping company/Customs/MAF) before the arrival of the importing vessel. And once these can be placed with the Release Authority from your selling dealer / agent, the expectation is that the only delay in the delivery of your vehicles will be the ability of the trucking company to physically uplift them from the wharf.
It is vital that you observe your payment terms with your selling dealer or agent and AUTOHUB NZ, to ensure prompt delivery.NON PAYMENT OF AUTOHUB NZ INVOICES OR NON-RECEIPT OF RELEASE AUTHORITY FROM JAPAN
- If AUTOHUB NZ has not received your payment, or your selling dealer or agents Release form, in time to avoid Port demurrage costs, AUTOHUB NZ will place your vehicles into lesser cost storage if such storage is available at the time, and they will remain undeliverable until the AUTOHUB NZ invoice is paid, and/or the Release Form is received by AUTOHUB NZ.
You shall also be liable for the extra transportation charge involved, plus the storage and any other handling charges that may be applicable, and all of these must be paid before the vehicles can be delivered. - At the time of placing vehicles into storage, your selling dealer or agent will be notified of the situation. After an initial 7 days, and at each successive 7 day interval, AUTOHUB NZ will attempt to contact both you and your seller so as to remind you of this situation, and request payment.
After 28 days of storage, AUTOHUB NZ will issue a final demand to both you and your Selling dealer or Agent, stating that unless outstanding issues are resolved to its satisfaction within 7 days, AUTOHUB NZ will take the steps it considers appropriate steps to recover costs. These are exampled by, but not limited to:-- In cases where your Selling dealer or Agent has not received payment, and will not authorise release of the vehicles, AUTOHUB NZ may sell any or all of them on behalf of the seller, at auction, or any other place it sees fit. AUTOHUB NZ will charge a handling fee plus GST for each and every vehicle sold, and the nett proceeds from such sale as received by AUTOHUB NZ, minus the handling fee, will be apportioned thus:-
The first charge will be to settle all outstanding AUTOHUB NZ invoice(s).The second charge will be a refund to you of any AUTOHUB NZ invoices that you have paid and relevant to the shipment (and with a GST credit note for the GST content).
The balance (if any) will be remitted to the selling dealer or agent, either in $NZ or JPY at the exchange rate of the day, as elected by the dealer /agent. - In cases where AUTOHUB NZ receives a Release form from the dealer/agent, but you have not paid the AUTOHUB NZ invoice, AUTOHUB NZ will attempt to contact you, seeking confirmation of the reason for the non payment, and a copy of the enquiry will be sent to your dealer / agent with a request for advice as to whether he does or does not have any charge over the vehicles in terms of your arrangements with him. Once the positions are known, AUTOHUB NZ will take such action as it deems to be appropriate to recover the debt owing to it. This may be (but not limited to) selling any or all of the vehicles, at auction, or any other place it sees fit.
- In cases where your Selling dealer or Agent has not received payment, and will not authorise release of the vehicles, AUTOHUB NZ may sell any or all of them on behalf of the seller, at auction, or any other place it sees fit. AUTOHUB NZ will charge a handling fee plus GST for each and every vehicle sold, and the nett proceeds from such sale as received by AUTOHUB NZ, minus the handling fee, will be apportioned thus:-
DISCLAIMER
You agree that AUTOHUB NZ shall not be liable for any costs or expenses howsoever caused, and shall have no liability to you whatsoever, as a result of any action taken by AUTOHUB NZ to achieve payment of outstanding invoices, in respect of any default, real or perceived, by either your Selling dealer / agent or yourself.
You agree that it is your responsibility, and yours alone, to ensure that your selling dealer / agent promptly supplies the necessary Release form to AUTOHUB NZ, and to ensure that all payments made are received by AUTOHUB NZ in a timely manner and prior to arrival of your vehicles in New Zealand.
