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Terms and Conditions

Drug & Substance Testing New Zealand Ltd

Terms and Conditions

1. Parties And Definitions To This Agreement

1.1. “DSTNZ” for the purposes of this agreement, shall mean Drug & Substance Testing New Zealand Ltd, any person or entity acting for or on behalf of Drug & Substance Testing New Zealand Ltd or with the permission or authority of Drug & Substance Testing New Zealand Ltd.
1.2. “Client” shall mean the Client, any person or entity acting for or on behalf of the Client or with the permission or authority of the Client as detailed on any quotation, estimate, Engagement Agreement or notation as provided by DSTNZ to the Client.
1.3. “Guarantor” shall mean any person (or persons), or entity, who agrees to be held liable for the debts incurred by the Client in the course of business between the Client and DSTNZ on a principal debtor basis.
1.4. “Services” shall mean all services supplied by DSTNZ to the Client and includes any recommendations or consultancy advice, seminars and meeting room hire.
1.5. “Price” shall mean the price payable for services as agreed between DSTNZ and the Client in accordance with clause 4 of this contract.

2. Services

2.1. The Services provided shall be described on our invoices, quotation, and/or Engagement Agreement, or any other such form as provided by DSTNZ to the Client.

3. Service & Conduct

3.1. Where DSTNZ performs work for you, it will ensure that competent and suitably experienced personnel carry out all work, in a professional manner and in accordance with appropriate standards.
3.2. While DSTNZ will make every endeavour to ensure a fully professional approach to all work carried out, DSTNZ shall not be liable for any consequences of the provision of services to you, except for consequences arising as a direct result of the proven negligence on the part of DSTNZ.

4. Pricing

4.1. The pricing shall be as per DSTNZ’s current price list, unless there has been a variation made in writing.

5. Payment Terms

5.1. All invoices shall be paid no later than the 20th day of the following month of the invoice date.
5.2. Payment shall not be deemed to have been received unless the payment is made in cash or cleared funds are deposited in DSTNZ’s nominated account. Any other form of payment will not be receipted as paid until the transaction is deemed to be honoured.
5.3. GST and other taxes and duties that may apply will be added to the Price unless they are expressly included in the Price.

6. Acceptance Of Terms Of Trade

6.1. Any engagement of DSTNZ’s Services shall constitute acceptance of the Terms and Conditions of Trade of DSTNZ by the Client.
6.2. The terms and conditions of this agreement can only be amended with the written consent of DSTNZ and shall be binding on the Client.
6.3. In the event that the Client proposes any change to the structure of the Clients business, a change in Shareholding, Name, Directors, Premises, postal address, registered office or Sale of the business the Client shall give no less than fourteen (14) days written notice of the proposed change or changes. If any loss is incurred by DSTNZ the Client shall be liable for any loss suffered by DSTNZ due to the Client not complying with this provision.

7. Default and Consequences of Non Payment

7.1. If the Client defaults in payment of any invoice when due, the Client shall pay all costs and disbursements incurred by DSTNZ in pursuing the debt including any legal costs and DSTNZ’s collection agency costs.
7.2. Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due daily until the date payment is received at a rate of 2.5% (compounding) until payment is received in full.
7.3. DSTNZ at its discretion may suspend or terminate the supply of goods and/or services should the Client, at any time be in breach of any obligation to DSTNZ (including those relating to payment). DSTNZ will not be liable for any loss or damages the Client has deemed to suffer because DSTNZ has exercised their rights under this clause.
7.4. If any account remains overdue after thirty (30) days then an amount of 10.00% of the amount overdue (up to a maximum of $200) shall be charged for administration fees and shall become immediately due and payable.

8. Right of Cancellation

8.1. DSTNZ may cancel any contract to which these Terms and Conditions apply or cancel the delivery of materials products or goods or service at any time before the materials, products or goods and the like are delivered by giving written notice to the Client. DSTNZ shall not be liable for any damages or losses arising from such cancellation.
8.2. Should the Client cancel any contract with DSTNZ the Client shall be liable for any loss incurred by DSTNZ (including but not limited to loss of profits) up to the time of Cancellation.

9. Intellectual Property

9.1. Where DSTNZ has designed, drafted or supplied written Works for the Client, then the copyright in those works and documents shall remain vested in DSTNZ, and shall only be used by the Client. The Client shall not distribute or sell any works or documents to any third party as supplied to the Client by DSTNZ without the written consent of DSTNZ.

10. Privacy Act 1993

10.1 The Client and the Guarantor/s (if separate to the Client) authorises DSTNZ to:
(a) collect, use and retain any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
(b) disclose information about the Client, whether collected by DSTNZ from the Client directly or obtained by DSTNZ from any other party, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
10.2. Where the Client and/or Guarantors are an individual the authorities under clause 10.1 are authorities or consents for the purposes of the Privacy Act 1993.
10.3. The Client and/or Guarantors shall have the right to request DSTNZ for a copy of the information about the Client and/or Guarantors retained by DSTNZ and the right to request DSTNZ to correct any incorrect information about the Client and/or Guarantors held by DSTNZ.

11. Dispute Resolution

11.1. All disputes and differences between the Client and DSTNZ concerning this agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996

12. General

12.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the existence, validity legality and enforceability of the remaining provisions shall not be prejudiced, affected or impaired.
12.2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand or as otherwise directed by the Court.
12.3. DSTNZ shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by DSTNZ of these terms and conditions.
12.4. In the event of any breach of this contract by DSTNZ the remedies of the Client shall be limited to damages which under no circumstances shall exceed the contract price for Services provided and limited to the amount of monies paid to DSTNZ by the Client in part or full whichever is the lesser amount.
12.5. The Client shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the Client by DSTNZ.
12.6. DSTNZ may license or sub-contract all or any part of their rights and obligations without the Client’s consent.
12.7. DSTNZ reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which they are published on the DSTNZ website.
12.8. Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12.9. The failure by DSTNZ to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect DSTNZ’s right to subsequently enforce that provision.