TERMS OF TRADE FOR AUCKLAND MARINE BOAT VALET & MAINE PRODUCTS NEW ZEALAND LTD
Please read this agreement in its entirety. All users of our service will be bound by this agreement. This agreement applies to all our products and services.
We may change this agreement from time to time. We will notify you about those changes by emailing you, writing to you or by putting a notice on our website.
1. DEFINITION OF TERMS
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:
"Auckland Marine Boat Valet", "us", "we" and "our" means "Auckland Marine Boat Valet Ltd.;
"Service", means services or products provided by Auckland Marine Boat Valet Ltd. to customer;
"Client" and "You" means the party or parties who enter into this agreement with Auckland Marine Boat Valet Ltd
2. OTHER TERMS, CONDITIONS AND POLICIES
Our general policy sets out our expectations in terms of conduct for anyone whether our customer or not.
3. OUR CONTACT DETAILS
If you need to contact us you can either:
Auckland Marine Boat Valet Ltd.
Telephone: 09 416 1852 or 021 171 9222
Email: eskell@xtra.co.nz
Address: 25 Pahi Place, West Harbour, Auckland, New Zealand
Website: www.aucklandmarineboatvalet.co.nz
or www.marineproductsnewzealand.com
4. CONTRACT
In providing services to you we will:
Provide our services with care and skill to the best of our ability
Begin providing you with services within a reasonable time or in accordance with any agreement we may have with you
Make sure to the best of our ability that the services we provide do everything we say they will do
All quotations are given contracts are made by the Company subject to and only upon these terms and conditions, which cannot be varied unless previously agreed in writing by an authorised officer of the Company and these terms and conditions supersede any other terms and conditions of the Client.
Quotations may be withdrawn or varied by the Company at any time and unless otherwise specified shall be deemed to be withdrawn automatically at the expiry of 21 days from their date of issue.
5. SPECIFICATIONS
When we supply a service or product to you it is your responsibility to:
Make sure all the information you provide us with is accurate and complete
Follow all policies applying to your use of our product or services and any instructions about using them
Comply with all the appropriate New Zealand Laws including but not limited to the Fair Trading Act and any acts or codes that succeed them
Make sure that everyone else who uses the products or services we supply to you, or who does anything in relationship with them, also meets these responsibilities
Make payment upon receiving the invoice from the company, unless agreed by an authorized officer of the company. Costs for collection may be added for late or default payments.
6. SERVICES FROM SUPPLIERS OTHER THAN US
You are responsible for your relationship with anyone who does anything else for you. If there is a problem with a service or product provided to you by someone other than us, you need to contact these suppliers and not us if there is a problem.
7. PRICE AND PAYMENT OTHER THAN US
Our prices are stated in New Zealand dollars and exclude GST. Customers who reside outside New Zealand and provide a temporary import visa or GST exempt certificate are exempt from paying GST.
Payment shall be made not later than 7 days from the date of the invoice, time being of the essence of such payment (the Due Date). All payments shall be made in full without deduction in respect of any set-off or counterclaim.
Costs for debt collection may be added for late payment or default.
Where this Agreement has been entered by an Agent (or a person purporting to act as Agent) on behalf of the Client, the Agent and Client shall be jointly and severally liable for payment of all fees and expenses due to Auckland Marine Boat Valet under this Agreement.
8. LIABILITY
The Client shall immediately examine the product on completion for faults or defects and shall notify the Company thereof within 7 days.
The Company shall not be liable for failing to perform the contract whether wholly or in part if the failure is caused either wholly or in part by any circumstance outside the Company’s control.
9. PRIVACY AND SECURITY
We do not pass on any of your information to anyone else. In accordance with the Privacy Act 1993, we will only use the personal information provided by you for the purposes of fulfilling your order, or other services requested by you.
10. CANCELATION AND TERMINATION OF SERVICE OR PRODUCT
You may cancel any service simply by telephoning or notifying us in writing either by email, mail or fax. Where you have agreed to take the service for a minimum period or on a month to month basis, charges for that service will continue to the end of that period or month. Otherwise they will stop immediately.
If you do not meet any responsibilities you have to us, or if we reasonably believe you are unable to pay our charges, we may suspend or terminate our service at any time.
11. THE CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 contains consumer safeguards which may apply to services we provide for you. Any rights you may have under that Act apply in addition to the rights set out above.
12. NOTICES AND BILLS
Bills or other notices will be sent to the last physical or electronic address you have given us. We, our agents or representatives, and anyone to whom we have assigned the amounts you owe us, can assume any bill or notice sent by physical post has been delivered five days after it has been posted and any bill or notice sent electronically has been delivered on sending unless we receive a 'failed to deliver' message. Please advise us promptly of any changes to you physical or electronic addresses.
13. MISCELLANEOUS
The Client shall not assign any rights or obligations under this contract without the written approval of the Company.
If any clause or provision of this contract is deemed to be illegal, unenforceable, invalid or void, then the validity and enforceability of the remaining sections will not be affected or prejudiced
This Contract shall be governed by and construed in all respects in accordance with New Zealand law and the customer hereby submits for all purposes of and in connection with this contract to the non-exclusive jurisdiction of the New Zealand courts.
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