Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Application and effect of subpart

245: Contracting out permitted for some matters

You could also call this:

“You can change some rules in special shipping contracts if everyone agrees”

This law talks about when you can make your own rules in a carriage contract. A carriage contract is when someone agrees to move goods for you.

You can make your own rules about when the carrier starts and ends being responsible for your goods. This only applies if you agree to ‘owner’s risk’ or ‘declared terms’ carriage.

You can also make your own rules about what happens between different carriers if more than one is involved in moving your goods.

If the contract is between carriers, you can make your own rules about promising the condition of the goods.

You can make your own rules about how to tell carriers about problems, how long you have to do this, and other things about taking carriers to court.

Lastly, you can make your own rules about what rights carriers have. This includes their right to ask for payment and what they can do with some of the goods they’re carrying.

Remember, you can only make these special rules if everyone agrees to them clearly in the contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844509.


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244: Other remedies affected, or

"Carriers have limited responsibility for lost or damaged goods"


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246: Interpretation, or

"Words and meanings in the rules about moving things"

Part 5 Other commercial matters
Carriage of goods: Application and effect of subpart

245Contracting out permitted for some matters

  1. If the parties to a contract of carriage expressly provide for any matter to which any of the following sections apply, those sections have effect subject to the express terms:

  2. if the contract is for carriage at owner’s risk or for carriage on declared terms, sections 257 and 258 (which relate to when the responsibility of the contracting carrier for goods begins and ends):
    1. sections 261 to 265 (which relate to the liability of the actual carrier to the contracting carrier):
      1. if the contract of carriage is between a contracting carrier and an actual carrier or between actual carriers, section 273 (which provides a statutory warranty as to the condition of goods):
        1. sections 274 to 281 (which relate to the notice, limitation, and other matters relating to proceedings against carriers):
          1. sections 282 to 292 (which relate to the rights of carriers, including the right to sue for freight and dispose of certain goods carried).
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