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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Warranty by contracting parties

273: Contracting party to warrant condition of goods and compliance with enactments

You could also call this:

“Sender promises goods are safe and legal to send”

When you send goods to be carried, you promise that they are in good condition and packed properly for the journey. You also promise that you have followed all the rules about sending those goods. If there’s something wrong with the goods or if you haven’t followed the rules, you need to tell the carrier before they take your goods. If you do tell them, the carrier can choose not to take your goods, or they can agree to take them but with special conditions. This also applies when carriers work with other carriers to move goods, unless they agree to something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844593.

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Part 5 Other commercial matters
Carriage of goods: Warranty by contracting parties

273Contracting party to warrant condition of goods and compliance with enactments

  1. In every contract of carriage of goods there is implied on the part of the contracting party a term—

  2. that, except as disclosed under subsection (2), the goods are fit to be carried and stored in accordance with the contract in the condition, and packed in the manner, in which the goods are tendered for carriage:
    1. that, except as disclosed under subsection (2), the provisions of every other enactment (if any) that the contracting party is required to comply with and that relate to the consignment for carriage of the goods have been complied with.

      1. If, before the goods are accepted for carriage, the contracting party notifies the contracting carrier or the first actual carrier of any material particular that would otherwise constitute a breach of either of the terms specified in subsection (1), the carrier may—

      2. refuse to carry the goods; or
        1. undertake to carry the goods subject to the reasonable terms and conditions that the carrier may require, having regard to the circumstances of the case.

          1. This section applies, with all necessary modifications, to contracts of carriage between contracting carriers and actual carriers, and between actual carriers, subject to any express term in the contract (see section 245).

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