TERMS AND CONDITIONS
1.1 “DDL” shall mean Diesel Dynamics Limited, or any agents or employees thereof. 1.2 ‘Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from DDL. 1.3 “Services” shall mean all services and advice provided by DDL to the Customer and shall include without limitation all mechanical services and all aspects of mechanics and all charges for time and attendance, or any fee or charge associated with the supply of Services by DDL to the Customer. 1.4 “Price” shall mean the cost of the Services as agreed between DDL and the Customer and includes all disbursements e.g. charges DDL pay to others on the Customer’s behalf subject to clause 4 of this contract.
2.1.1 Any instructions received by DDL from the Customer for the supply of Services shall constitute a binding contract and
acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises DDL to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by DDL to any other party. 3.2 The Customer authorises DDL to disclose any information obtained to any person for the purposes set out in clause
3.1. 3.3 Where the Customer is a natural person the authorities under clauses 3.1and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be sold at the current amount as such Services are sold by DDL at the time of the contract. 4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of DDL between the date of the contract and delivery of the Services.
5.1 Payment for Services shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date’). 5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 5.3 Any expenses, disbursements and legal costs incurred by DDL in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees. 5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full. 5.5 A deposit may be required.
6.1 Where a quotation is given by DDL for Services: 6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and 6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary; 6.1.3 DDL reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such
7.1 The Customer authorises DDL to contract either as principal or agent for the provision of Services that are the matter of this contract. 7.2 Where DDL enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
8.1 No claim relating to Services will be considered unless made within twenty-four (24) hours of delivery.
9.1 The Fair Trading Act 1966, the Consumer Guarantees Act 1993 and other statutes may imply warranties or conditions or impose obligations upon DDL which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on DDL, DDL’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. 9.2 Except as otherwise provided by clause 9.1 DDL shall not be liable for: 9.2.1 Any loss or damage of any kind whatsoever (including any public liability), arising from the supply of services by DDL to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by DDL to the Customer; and 9.2.2 The Customer shall indemnify DDL against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of DDL or otherwise, brought by any person in connection with any matter, act, omission, or error by DDL its agents or employees in connection with the Services. 9.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade DDL is deemed to be liable to the Customer, following and arising from the supply of Services by it to the Customer, then it is agreed between DDL and the Customer that such liability is limited in its aggregate to $500.00
10. CONSUMER GUARANTEES ACT
10.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from DDL for the purposes of a business in terms of section 2 and 43 of that Act.
11. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
11.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for DDL agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to DDL the payment of any and all monies now or hereafter owed by the Customer to DDL and indemnify DDL against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
12.1 DDL shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control. 12.2 Failure by DDL to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations DDL has under this contract. 12.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Diesel dynamics limited 17a Rapson Road, RD1
Kaukapakapa, Auckland 0871
Phone: 021 552 955