Terms & Conditions

Conditions of New Zealand Document Exchange Limited (DX Mail).

  1. IN these Conditions unless the context otherwise requires -

    "ARTICLE" means any letter, document, parcel or other article, addressed to a specific person or a specific address;

    "CONDITIONS" means the conditions of membership and carriage herein set out.

    "LETTER" has the meaning given to that term in section 2(1) of the Postal Services Act 1998;

    "LISTED ADDRESSEE" means a member or any other person whose name appears in the alphabetical addressee listings in the current edition of the DX MAIL Directory;

    "MEMBERS" means and includes any person, customer, business, or other legal entity who has been accepted and remains qualified for membership in accordance with these Conditions;

    "NEGOTIABLE INSTRUMENTS" means negotiable instruments payable to bearer, including (without limitation) negotiable bills of exchange, cheques, and promissory notes, blank travellers cheques, and financial instruments which are accompanied by an executed transfer enabling them to be paid or assigned to bearer;

    "DX MAIL" means New Zealand Document Exchange Limited its employees and agents and any person for the time being engaged in the control and/or supervision of a DX MAIL Premises on behalf of New Zealand Document Exchange Limited;

    "DX MAIL DIRECTORY" means the DX directory published by DX MAIL from time to time;

    "DX MAIL PREMISES" means any office or place in New Zealand at which DX MAIL operates a document exchange service for the members at large;

    "DX MAIL SERVICES" means the provision of DX MAIL Premises, boxes, keys and other related facilities; the transfer of articles between different DX MAIL Premises; and any other postal or mail services which DX MAIL may provide to any member in accordance with these Conditions;

    "PERSON" includes any individual, firm, company, corporation, association of persons (corporate or not) trust or government agency or department (in each case whether or not having a separate legal personality);

    "UNLISTED MEMBERS" means members whose names do not appear in current edition of the DX MAIL Directory;

    "VALUABLE TICKETS" means travel tickets or other tickets or vouchers which are not wholly refundable or which incur a penalty if lost or mislaid;

    "DANGEROUS GOODS" includes firearms, noxious, dangerous, or inflammable goods, any goods likely to cause damage or which it is unlawful to carry, or advised by DX MAIL from time to time to be dangerous goods;

    "HIGH RISK ITEMS" includes bullion, cash, coins, Negotiable Instruments, precious stones, jewellery, stocks, laptops, mobile phones, batteries, bonds, antiques, paintings or any works of art, passports, goods of a fragile or illegal nature, Dangerous Goods, Perishable Items, Valuable Tickets, or any other valuable or high risk item advised to the Member by DX MAIL from time to time as such;

    "PERISHABLE ITEMS" means goods of a perishable nature, refrigerated items and/or items which need to be delivered within a limited time span;

    Words importing one gender shall include the other genders and words importing the singular shall include the plural and vice versa.

  2. UPON acceptance by DX MAIL of duly completed forms of Service Agreement and/or Application of Credit and payment of all fees and charges prescribed by DX MAIL to be payable at commencement (if applicable) an applicant shall become a member and shall then be bound by these conditions.



  3. (a) THE member shall each week pay the fees and charges prescribed by DX MAIL within seven days of receipt of DX MAIL’s invoice or as otherwise required;

    (b) DX MAIL shall be entitled to recover from any member an additional charge for:
    1. Any oversize articles (being articles which do not fit within the standard envelopes or satchels supplied by DX MAIL) or overweight articles (being articles which exceed permitted weight) presented to DX MAIL for delivery by the member and so delivered; or

    2. Articles presented for delivery when an insufficient payment has been made; or

    3. Any other postal or mail services which DX MAIL may provide to the member in accordance with these Conditions;

    4. All costs associated with collecting outstanding monies, this includes but is not limited to collection agency costs and legal costs or fees;

    5. Interest on overdue accounts is 2% per month, calculated monthly in arrears and such interest charge will be added to the total amount due by the member. For the avoidance of doubt, interest shall accrue at this rate on any judgement sum obtained by DX MAIL against the member.

    (c) Such additional charges shall be payable by the member within seven days of receipt of DX MAIL’s invoice.
  4. THE member shall be allocated a box in the selected DX MAIL Premises, with a key to the relevant box and a tag being provided where appropriate. The member’s name, box number, phone numbers and other relevant information will be printed in each update of the DX MAIL Directory.

  5. DX MAIL reserves the right to refuse any member or his agent entry into any DX MAIL Premises or access to any box if:

    (a) Such member or his agent does not have in his possession a box key and the tag issued by DX MAIL; or

    (b) The member is in arrears in respect of any payments due to DX MAIL; or

    (c) The member is in breach of any of these Conditions.

  6. THE member or his agent shall for the period of this membership have a non-exclusive licence to enter the DX MAIL Premises containing the box allocated to the member during the times when access to the boxes is made available, for the purpose of clearing his box or depositing articles in the boxes of members having their allocated boxes in the same DX MAIL Premises or in the box designated for delivery elsewhere. DX MAIL shall determine the times during which access to the boxes in DX MAIL Premises will be made available and shall be entitled to alter such times on reasonable notice.

  7. EVERY member shall accept delivery of all articles left in his box as delivery to his office nearest to the DX MAIL Premises where the box is located and shall be bound to accept proof of such delivery as proof of service at that office, subject always to the specific requirements of any legislation, regulations or rules of court.

  8. EVERY member shall clear his box not less than once in every normal business day.

  9. MEMBERSHIP shall entitle every member to present to DX MAIL articles for delivery to listed addressees and unlisted members and, if DX MAIL is willing to accept articles for that purpose for delivery to any other person or address and DX MAIL is hereby authorised to act as the agent of every such member to arrange such delivery. Such delivery shall be fulfilled by DX MAIL engaging or entrusting the articles to others ("Subcontractors") on such conditions as DX MAIL and the Subcontractors may agree. Members agree that all work performed by Subcontractors shall be subject to and that they shall be bound by the terms, conditions, stipulations and limitations contained in any document issued by or customarily relied upon by such Subcontractors in connection with such work. Delivery to members whose allocated boxes are in other DX MAIL Premises shall be completed when the articles are deposited in the designated box of the addressee at the appropriate DX MAIL Premises.

  10. NOTWITHSTANDING clause 10 where DX MAIL accepts articles (other than letters) addressed for delivery to any person or address outside New Zealand then the Subcontractor engaged to complete the delivery of the articles shall be deemed to be the consignee and DX MAIL’s responsibility for such articles shall end when they are delivered to the Subcontractor.

  11. EVERY member authorises DX MAIL, in relation to any articles presented to DX MAIL for delivery to an address other than a member’s box or addressed to any person other than to a member to either re-address and deliver such articles to the addressees box or, where the addressee is not a member, to consign such articles for delivery by post or such other means as DX MAIL in its absolute discretion shall consider appropriate and where appropriate, DX MAIL shall be entitled to recover from the consignor DX MAILS standard prevailing charge therefore.

  12. MEMBERS shall not leave articles anywhere in the DX MAIL Premises otherwise than in the box of a member, or in a box designated for deliveries elsewhere.

  13. ANY member receiving any article delivered to his box in error shall without delay cause such article to be returned to the designated box of the addressee or to DX MAIL.

  14. EVERY member shall immediately notify DX MAIL of the loss of any box key or tag and shall forthwith on demand by DX MAIL pay the cost of replacing the lock to the box and providing a new key and tag.

  15. EVERY member shall immediately notify DX MAIL of any change in the address of its principal place of business.

  16. EXCLUSION of certain Articles. As per section 6 of the Postal Services Act 1998 and section 28 (1) of the Carriage of Goods Act 1979:

    (a) DX MAIL will not accept or deal with, and the member shall not give to DX MAIL, any High Risk Items except in accordance with this clause;

    (b) DX MAIL will only deal with any High Risk Items, and the member will only give such items to DX MAIL, if DX MAIL has expressly agreed in writing to deal with those High Risk Items and the member or the member’s authorised agent has complied with all relevant laws (without limitation) including, in the case of Dangerous Goods, the Dangerous Goods Act 1974 and associated regulations, and the requirements/procedures set out in the Standards Association of New Zealand Code of Practice for the Transport of Hazardous Substances on Land as amended from time to time;

    (c) The member acknowledges that DX MAIL is not in a position to ascertain the contents of any consignment of goods given to it for delivery and will not under any circumstances be deemed to be aware of the contents;

    (d) If the member delivers any Dangerous Goods to or causes such goods to be dealt with by DX MAIL, the Dangerous Goods may be destroyed or otherwise dealt with at the sole discretion of DX MAIL or any other person in whose custody they may be and at the expense of the member without DX MAIL or such other person being responsible or accountable for the value thereof except where DX MAIL has expressly agreed to deal with certain Dangerous Goods presented by the member or the member’s authorised agent for consignment, in which case DX MAIL’s liability shall be limited to the amount determined by clauses 18 and 19;

    (e) Any unauthorised High Risk Items will be carried "at owner’s risk" and DX MAIL will not accept any liability for such items.

  17. OWNERSHIP of Article: The member expressly warrants to DX MAIL that it is the owner or the authorised agent of the article and that it is authorised to accept and does accept these Conditions not only for itself but also for and on behalf of all other Persons who are or may hereafter become interested in the article.

  18. LIABILITY - Postal Services Act

    (a) DX virtue of section 45 of the Postal Services Act 1998, DX MAIL has no liability for any loss or damage suffered by any person because of any loss, default, delay or omission in the receipt, transmission or delivery of any letter;

    (b) DX MAIL’s liability for loss of or damage to articles other than letters is limited in accordance with sections 9, 14 and 15 the Carriage of Goods Act 1979. These articles are carried on the basis of a “declared value risk” Contract under the Carriage of Goods Act 1979. The liability (if any) of DX Mail for loss of, or damage to, these articles is limited to a maximum amount of NZ$250.00, plus reimbursement of postage if the item was lost. In all circumstances, liability does not include any indirect, consequential or economic loss whether caused by or arising as a result of the negligence of DX MAIL or otherwise.
  19. LIABILITY - Carriage of Goods Act

    (a) SUBJECT to the provisions of the Carriage of Goods Act 1979 imposing liability DX MAIL shall not be liable for:
    1. Any damage to, loss, deterioration, misdelivery, delay in delivery or non-delivery of any articles (whether the articles are/or have been in the possession of DX MAIL or not); or

    2. Any instructions, advice, information or service given or provided to any person whether in respect of any articles or otherwise; or

    3. Any consequential or economic loss, loss of market or consequences of delay; however caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of DX MAIL or otherwise.

    (b) The liability (if any) of DX MAIL for loss of, or damage to articles under this agreement is at "Limited Carriers Risk" as defined in the Act. The maximum liability (and subject to clauses 16, 17, 23 and 29) is as defined in the Act. The maximum liability of DX MAIL in respect of any one item is limited to the lesser of $2,000.00 or the current indemnity value of the consignment at the time of the loss;

    (c) In any case DX MAIL shall be under no liability for any loss of or damage to any article unless written notice of the claim, giving full particulars of any alleged loss or damage, is received by DX MAIL on DX MAIL’s official claim form within 14 days after the occurrence of the event to which the claim relates or from the date when the article would in the ordinary course of events have been delivered, whichever is the later;

    (d) No court action may be brought against DX MAIL for any loss of or damage to any article after the expiration of six months from the occurrence of the event to which the loss or damage relates or from the date when the article would in the ordinary course of events have been delivered, whichever is the later.

  20. SUBJECT to section 16 of the Carriage of Goods Act 1979 members undertake that, in respect of articles other than letters, no claim or allegation shall be made against any servant or agent of DX MAIL which imposes or attempts to impose upon any of them any liability whatsoever in connection with the performance of DX MAIL’s services hereunder and if any such claim or allegation should nevertheless be made, to indemnify DX MAIL and any such servant or agent against all consequences thereof. Subject to section 16 of the Carriage of Goods Act 1979 and without prejudice to the foregoing, every such servant or agent shall have the benefit of all the provisions of these Conditions benefiting DX MAIL as if such provisions were explicitly for their benefit

  21. All requests for product credits or refund of product charges for returned product shall only be considered if they are received within 14 days of sale.

  22. TERMINATION:

    (a) DX MAIL shall be entitled to terminate a members membership (and in its absolute discretion to refund to the member the unexpired balance of any fees and charges):
    1. Upon breach by the member of any of these Conditions; or

    2. Upon the death or insolvency of the member or (in the case of a corporate member) the appointment of a receiver or liquidator; or

    3. Upon the conviction of any member of any offence likely to bring the reputation of DX MAIL into disrepute; or

    4. In the event that DX MAIL shall cease to carry on business in whole or in part, for any reason whatsoever.

    (b) Immediately upon termination of membership the member shall return to DX MAIL the key and tag relating to his box.
  23. DX MAIL shall be entitled from time to time by notice in writing to members to add to, revoke or amend these Conditions and to set the amount of any charges or fees from time to time payable for membership or any services provided by or on behalf of DX MAIL. Any notice to be given to a member shall be deemed to be received if delivered, emailed, posted to the member’s contact details on file at DX MAIL or forwarded by registered post, to the registered office of the party to receive it or the usual or last known residence or place of business of such party.

  24. THE provisions of the Consumer Guarantees Act 1993 are hereby expressly excluded and shall not apply to DX MAIL Services or any other services provided by or on behalf of DX MAIL.

  25. Non-submission of a DX MAIL lodgement form accompanying mail consignments, constitutes acceptance by the sender of the DX MAIL article count for any given day.

  26. DX MAIL reserves the right to contest and amend customer lodgement form count.

  27. IN the event that a member has dealings with one or more subsidiaries of Freightways Limited (Freightways), the accounts of the member with each subsidiary of Freightways may be combined so that the debit and credit balances are set off and a net amount only is owed by the member to the subsidiaries of the Freightways group, or to the member by the subsidiaries of the Freightways group. This clause is for the benefit of DX MAIL, Freightways and each other subsidiary company of Freightways.

  28. DX MAIL as a supplier of stamps and stamp products reserves the right to retain sufficient stock as it sees fit to sell, barter or trade such products whether they be personalised or otherwise to any and all buyers including the philatelic sector.

  29. DX MAIL shall not be liable to the member for any failure to carry out its obligations or for any loss or damage suffered by the member where such failure or such loss or damage is caused by force majeure events such as; mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not), any act, regulation or restriction imposed by Government, riot or civil commotion, any act or omission of the member, its servants, subcontractors or agents, or any cause beyond the control of DX MAIL.

  30. THE terms and conditions set out herein shall prevail over the terms and conditions set out in any document used by DX MAIL (unless expressly acknowledged to override this Agreement), the member, the owner or any other person having an interest in the Article and purporting to have a contractual effect.