Terms and Conditions of Trade

TERMS AND CONDITIONS OF TRADE

1. Definitions

1.1 "Wilson Servicing" shall mean Wilson Servicing Limited, its successors and assigns or any person acting on behalf of and with the authority of Wilson Servicing Limited.

1.2 "Client" means the person/s or any person acting on behalf of and with the authority of the Client requesting Wilson Servicing to provide services as specified in any quotation, order, invoice or other documentation, and:

(a) If there is more than one Client, is a reference to each Client jointly and severally; and

(b) If the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

(c) Includes the Client's executors, administrators, successors and permitted assigns.

1.3 "Services" mean all goods and services provided by Wilson Servicing to the Client.

1.4 "Fee" means the Fee payable (plus Goods and Services Tax (GST)) for the Services as agreed between Wilson Servicing and the Client.

1.5 "Agreement" shall mean Services to be rendered by Wilson Servicing as indicated on the quotation and accepted by the Client, including the Terms and Conditions of Trade.

2. Quotations and Pricing

2.1 Quotations are valid for a period of 30 days unless otherwise agreed.

2.2 Any additional work required outside the scope of the original quotation will incur additional charges.

2.3 Any additional work required will only be undertaken at the expressed request of the Client via telephone and/or email.

3. Payment Terms

3.1 Payment in respect of Services rendered is due by the date indicated on the invoice, unless otherwise agreed in writing.

3.2 Payments are to be made via internet bank transfer to the account listed on the invoice.

3.3 The Client shall not be entitled to set off against or deduct from the Fee any sums owed or claimed to be owed to the Client by Wilson Servicing Limited, nor to withhold payment of any invoice because part of that invoice is in dispute.

4. Default and Consequences of Default

4.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month, compounded monthly.

4.2 The Client will be liable for any costs incurred to recover overdue debt, including but not limited to internal administration fees, legal costs, collection agency fees and bank dishonour fees.

4.3 Further to any other rights or remedies Wilson Servicing may have under this agreement, if the Client has made payment to Wilson Servicing and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wilson Servicing under this clause, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client's obligations under this agreement.

5. Cancellations

5.1 The Client will be charged for any labour, materials/parts and any other costs already incurred by Wilson Servicing if the Client chooses to cancel the agreement after work has already commenced.

6. Risk and Ownership

6.1 Ownership of any parts and materials will remain with Wilson Servicing until paid for in full.

6.2 Wilson Servicing shall not be liable for any loss or damage to any property/vehicle after it has been returned to the Client.

7. Workmanship, Warranty and Disputes

7.1 Wilson Servicing shall exercise reasonable skill, care and diligence in the performance of Services.

7.2 Parts supplied in terms of the agreement are covered by the manufacturer's warranty where applicable.

7.3 The Client may, within 14 days after receiving their invoice, lodge a dispute with Wilson Servicing in the event that the Client is not satisfied with any Services rendered and/or goods/parts supplied. Wilson Servicing undertakes to resolve any disputes that may be lodged by the Client within reason and to the best of its ability.

8. Privacy and Collection of Information

8.1 The Client authorises Wilson Servicing to access, collect, retain and use any information about the Client for the purposes of rendering Services in accordance with this agreement.

8.2 Wilson Servicing will not share any Client information with any third party unless required by law or for the purposes of collecting overdue debt.

9. General

9.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party's right to subsequently enforce that provision.

9.2 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

9.3 These terms and conditions and any agreement to which they apply shall be governed by the laws of New Zealand.

9.4 Both parties warrant that;

9.4.1 They have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so.

9.4.2 They are not insolvent.

9.4.3 This agreement creates binding and valid legal obligations on them.

9.5 The Client acknowledges that by accepting a quotation to render Services and/or making a booking for Services to be rendered, they agree to the Terms and Conditions.