Terms and Conditions of Trade:
As a client of Suck ‘Em Dry Fuel Removal, you agree to be bound by all the terms and conditions stated in this document. You acknowledge that you have read and understand the terms and conditions.
Terms
Plevusca Holdings Limited T/A Suck ‘Em Dry Fuel Removal (hereinafter referred to as SED) and you as the Client refers to the person or company purchasing goods or enlisting the services of SED.
Conditions of Sale of Services
All sales of Goods and Services are made subject to the following conditions and by purchasing from SED, the purchaser accepts these conditions.
Charges and Payment
All prices quoted are GST exclusive and are in New Zealand dollars unless otherwise specified. Prices are based on a per service rate. We reserve the right to adjust prices due to complexity of service. SED requires payment upon completion of service. In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The Client indemnifies SED against all costs (including legal costs), losses and expenses incurred by SED in recovering any unpaid monies.
Scope of Services
SED will remove fuel and make best attempt to start vehicle. No other services are covered and SED assumes no liability for any damage associated with incorrect fueling.
Accounts
Payment is due in full upon completion of work until such time that an account agreement is setup. Payment of accounts is due on or before the 15th day of the month following the date of the invoice. Interest at 3.5% per month on the current balance may be charged on overdue accounts and
shall accrue on a daily basis starting from the due date.
In the event of default by the Client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The Client indemnifies SED against all costs (including legal costs), losses and expenses incurred by SED in recovering any unpaid monies.
Peak Traffic Periods
SED will make its best efforts to respond to client needs within the negotiated time frame.
Client understands that there may be occasional times of peak demand when SED is forced to have to make extremely difficult decisions and may not make it to client within agreed upon time.
Loss of Service
Client recognizes that SED makes every attempt to complete service and that SED will make best efforts to get Clients vehicle up and running as efficiently and cost-effectively as possible.
Disclaimers
Any claims for errors or unsatisfactory work must be made within 7 days of issue of an invoice.
SED is only under an obligation to services in accordance with their general description, whether or not a special description may have been given or implied by law. The Client acknowledges and agrees that SED has not given any representation or warranty. All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law. SED shall not be liable for any statement, representation or warranty made by any employee, agent or contractor relating to the goods, workmanship and/or advice supplied by SED or for any negligence or willful default by the manufacturer or supplier of the goods or services provided to the client. Notwithstanding any other provision in these terms of trade, where the goods are consumer goods and are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply. Any disclaimer above does not apply where it is contrary to any law, which cannot be contracted out of.
Disputes
Any dispute shall, at the option of SED be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.
Laws
If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and SED and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.
Trademarks
SED does not authorise any Client to use SEDs trademarks, names or associated materials. To use these trademarks, names and associated materials, prior written approval must be given by SED.
SED Guarantee to Remove Incorrect Fuel.
SED undertakes to provide a viable solution to the incorrect fueling problems of Client or will not charge the customer. However the Client must allow SED personnel appropriate time to diagnose the problem and identify a viable solution. SED cannot be obligated to provide a viable solution if the client does not provide required access to the Clients vehicle. If the Client desires an alternative solution to that offered by SED, then SED cannot guarantee to provide such alternative solution within the terms of this guarantee.