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Travel Motors Direct Ltd – Terms & Conditions of Trade

Definitions

    1. “T.M.D” means Travel Motors Direct Ltd, its successors and assigns or any person acting on behalf of and with the authority of Travel Motors Direct Ltd.

    2. “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

    3. “Goods” means all Goods or Services supplied by T.M.D to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

    4. “Price” means the Price payable for the Goods as agreed between T.M.D and the Customer in accordance with clause 5 below.

  1. Acceptance

    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

    2. These terms and conditions may only be amended with T.M.D’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and T.M.D.

    3. These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on T.M.D’s website. If there are any inconsistencies between the documents then the terms and conditions contained in this document shall prevail.

    4. The Customer acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, T.M.D reserves the right to vary the Price with alternative Goods as per clause 6.2. 

    5. Notwithstanding clause 2.3 T.M.D also reserves the right at their discretion to introduce additional new Goods as part of the Goods to be supplied

    6. The Customer acknowledges that:

      1. all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in T.M.D’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by T.M.D;

      2. the performance of the Goods is given in good faith, and estimates are based on industry standard prescribed estimates. TMD is under no liability for damages for failure of the Goods to attain such performance standards, figures or quality, unless specifically warranted in writing. Any such warranties are subject to the recognised tolerances applicable to such performance standards figures or quality.

  1. Core Bond

    1. At T.M.D’s sole discretion a “Core” bond may be required at an amount agreed by T.M.D. for final drives purchased on an exchange basis. The bond will be refunded subject to the inspection of the old “Core” provided being found to be of a reasonable exchange standard.

    2. All costs associated with freighting the old “Core” to T.M.D shall be borne by the Customer.

  1. Change in Control

    1. The Customer shall give T.M.D not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by T.M.D as a result of the Customer’s failure to comply with this clause.

  1. Authorised Representatives

    1. Unless otherwise limited as per clause 5.2 the Customer agrees that should the Customer introduce any third party to T.M.D as the Customer’s duly authorised representative, that once introduced that person shall have the full authority of the Customer to order any materials or Services on the Customer’s behalf and/or to request any variation to the works on the Customer’s behalf (such authority to continue until all requested works have been completed or the Customer otherwise notifies T.M.D in writing that said person is no longer the Customer’s duly authorised representative).

    2. In the event that the Customer’s duly authorised representative as per clause 5.1 is to have only limited authority to act on the Customer’s behalf then the Customer must specifically and clearly advise T.M.D in writing of the parameters of the limited authority granted to their representative.

    3. The Customer specifically acknowledges and accepts that they will be solely liable to T.M.D for all additional costs incurred by T.M.D (including T.M.D’s profit margin) in providing any works, materials, Services or variation/s requested by the Customer’s duly authorised representative (subject always to the limitations imposed under clause 5.2 (if any)).

  1. Price and Payment

    1. At T.M.D’s sole discretion the Price shall be either:

      1. as indicated on any invoice provided by T.M.D to the Customer; or

      2. the Price as at the date of delivery of the Goods according to T.M.D’s current price list; or

      3. T.M.D’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or unless otherwise stated seven (7) days.

    2. T.M.D reserves the right to change the Price in the event of a variation to T.M.D’s quotation. Any variation from the plan of scheduled Services or specifications (including, but not limited to, in the event that overseas transactions increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges or as a result of increases to T.M.D in the cost of the Goods) will be detailed in writing and charged for on the basis of T.M.D’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

    3. At T.M.D’s sole discretion a non-refundable deposit of fifty percent (50%) may be required.

    4. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by T.M.D, which may be:

      1. payment for approved Customers shall be made by instalments in accordance with T.M.D’s payment schedule:

        1. fifty percent (50%) non-refundable deposit for specialised orders shall be required prior to commencement of the Services and the ordering of Goods; and

        2. the remaining balance shall be due upon completion but prior to delivery of the Goods.

      2. for certain approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;

      3. the date specified on any invoice or other form as being the date for payment; or

      4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by T.M.D.

    5. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and T.M.D.

    6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

  1. Delivery of Goods

    1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:

      1. the Customer or the Customer’s nominated carrier takes possession of the Goods at T.M.D’s address; or

      2. T.M.D (or T.M.D’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

    2. At T.M.D’s sole discretion the cost of delivery is in addition to the Price.

    3. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then T.M.D shall be entitled to charge a reasonable fee for redelivery and/or storage.

    4. T.M.D may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

    5. Any time or date given by T.M.D to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and T.M.D will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late (including but not limited to, breakdowns, inclement weather, delivery of parts by third party suppliers, shipping, or any other like matters) that are beyond the control of T.M.D.

  1. Risk

    1. If T.M.D retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer immediately once Goods leave T.M.D’s premises irrespective of whose transport is used for delivery.

    2. If the Customer requests T.M.D to leave Goods outside T.M.D’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

    3. It is T.M.D recommendation to the Customer, or the Customers agent, if the installation of the Goods is effected by qualified persons and should such advice or recommendations not be acted upon then T.M.D shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services, including but not limited misuse or misapplication.

  1. Loss Or Damage

    1. Subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods:

      1. T.M.D shall not be under any liability for any damage to, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the Goods (whether the Goods are or have been in the possession of T.M.D or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and

      2. the Customer will indemnify T.M.D against all claims of any kind whatsoever, howsoever caused or arising brought by any person in connection with any matter or thing done, said or omitted by T.M.D in connection with the Goods.

  1. Insurance

    1. The Customer acknowledges that:

      1. the Goods are carried and stored at the Customer’s sole risk and not at the risk of T.M.D; and

      2. T.M.D is under no obligation to arrange insurance of the Goods and it remains the Customer’s responsibility to ensure that the Goods are insured adequately or at all; and

      3. under no circumstances will T.M.D be under any liability with respect to the arranging of any such insurance and no claim will be made against T.M.D for failure to arrange or ensure that the Goods are insured adequately or at all.

  1. Claims

    1. Notwithstanding clauses 9 and 10 in the event that the Customer believes that they have any claim against T.M.D then they must lodge any notice of claim for consideration and determination by T.M.D within seven (7) days of the date of delivery, or for non-delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.

    2. The failure to notify a claim within the time limits under clause 11.1 is evidence of satisfactory performance by T.M.D of its obligations.

    3. T.M.D will provide the Customer with such assistance as may be necessary to press claims on carriers so long as the Customer:

      1. has notified T.M.D and the carriers in writing immediately after loss or damage is discovered on receipt of Goods; and

      2. lodges a claim for compensation upon the carrier within three (3) days of the date of receipt of the Goods.

  1. Access

    1. The Customer shall ensure that T.M.D has clear and free access to the work site at all times to enable them to deliver the Goods. T.M.D shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of T.M.D.

    2. It is the responsibility of the Customer to ensure that access is suitable to accept the weight of laden trucks. The Customer agrees to indemnify T.M.D against all costs incurred by T.M.D in recovering such vehicles in the event they become bogged or otherwise immovable.

  1. Title

    1. T.M.D and the Customer agree that ownership of the Goods shall not pass until:

      1. the Customer has paid T.M.D all amounts owing to T.M.D; and

      2. the Customer has met all of its other obligations to T.M.D.

    2. Receipt by T.M.D of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

    3. It is further agreed that:

      1. until ownership of the Goods passes to the Customer in accordance with clause 13.1 that the Customer is only a bailee of the Goods and must return the Goods to T.M.D on request.

      2. the Customer holds the benefit of the Customer’s insurance of the Goods on trust for T.M.D and must pay to T.M.D the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

      3. the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for T.M.D and must pay or deliver the proceeds to T.M.D on demand.

      4. the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of T.M.D and must sell, dispose of or return the resulting product to T.M.D as it so directs.

      5. the Customer irrevocably authorises T.M.D to enter any premises where T.M.D believes the Goods are kept and recover possession of the Goods.

      6. T.M.D may recover possession of any Goods in transit whether or not delivery has occurred.

      7. the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of T.M.D.

      8. T.M.D may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

  1. Personal Property Securities Act 1999 (“PPSA”)

    1. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:

      1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and

      2. a security interest is taken in all Goods previously supplied by T.M.D to the Customer (if any) and all Goods that will be supplied in the future by T.M.D to the Customer.

    2. The Customer undertakes to:

      1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which T.M.D may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

      2. indemnify, and upon demand reimburse, T.M.D for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

      3. not register a financing change statement or a change demand without the prior written consent of T.M.D; and

      4. immediately advise T.M.D of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

    3. T.M.D and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions as far as permitted by law.

    4. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

    5. Unless otherwise agreed to in writing by T.M.D, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

    6. The Customer shall unconditionally ratify any actions taken by T.M.D under clauses 14.1 to 14.5.

  1. Security and Charge

    1. In consideration of T.M.D agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

    2. The Customer indemnifies T.M.D from and against all T.M.D’s costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising T.M.D’s rights under this clause.

    3. The Customer irrevocably appoints T.M.D and each director of T.M.D as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Customer’s behalf.

  1. Customer’s Disclaimer

    1. The Customer hereby disclaims any right to rescind, or cancel any contract with T.M.D or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by T.M.D and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

  1. Defects

    1. The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify T.M.D of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford T.M.D an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which T.M.D has agreed in writing that the Customer is entitled to reject, T.M.D’s liability is limited to either (at T.M.D’s discretion) replacing the Goods or repairing the Goods.

  1. Returns

    1. Returns will only be accepted provided that:

      1. the Customer has complied with the provisions of clause 17.1; and

      2. T.M.D has agreed in writing to accept the return of the Goods; and

      3. the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and

      4. T.M.D will not be liable for Goods which have not been stored or used in a proper manner; and

      5. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

    2. T.M.D may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of thirty percent (30%) of the value of the returned Goods plus any freight.

  1. Warranty

    1. Subject to the conditions of warranty set out in clause 19.2 T.M.D warrants that if any defect in any workmanship of T.M.D becomes apparent and is reported to T.M.D within twelve (12) months or one thousand (1000) hours whichever occurs first, from the date of delivery, unless otherwise agreed in writing (time being of the essence) then T.M.D will either (at T.M.D’s sole discretion) replace or remedy the workmanship.

    2. The conditions applicable to the warranty given by clause 19.1 are:

      1. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

        1. failure on the part of the Customer to properly maintain any Goods; or

        2. failure on the part of the Customer to follow any instructions or guidelines provided by T.M.D; or

        3. any use of any Goods otherwise than for any application specified on a quote or order form; or

        4. the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

        5. fair wear and tear, any accident or act of God.

      2. the warranty shall cease and T.M.D shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without T.M.D’s consent.

      3. in respect of all claims T.M.D shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

    3. For Goods not manufactured by T.M.D, the warranty shall be the current warranty provided by the manufacturer of the Goods. T.M.D shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

    4. The Customer acknowledges that T.M.D is only responsible for parts that are replaced by T.M.D and does not at any stage accept any liability in respect of previous Services carried out by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify T.M.D against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.

    5. Notwithstanding clause 19.4 in the event of a warranty claim by the Customer, TMD reserves the right to employ the services of a third party engineer to assess the claim, if the claim is found to be false or without merit the Customer may be liable for all investigative costs incurred.

    6. The conditions applicable to the warranty given on Goods supplied by T.M.D are contained on the “Warranty Documentation” that will be supplied with the Goods.

    7. In the case of second hand Goods, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by T.M.D as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. T.M.D shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

  1. Consumer Guarantees Act 1993

    1. If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 (CGA) do not apply to the supply of Goods by T.M.D to the Customer and both parties agree that:

      1. the Goods/Services are supplied and acquired in Trade, and that the Customer is a Trade Customer;

      2. they contract out of the provisions of the CGA & Fair Trading Act 1986 (FTA), (sections 5C & 5D FTA);

      3. these Terms of Trade and any order are the agreement in entering in terms of s43(2) of the CGS and s5D of the FTS;

      4. It is fair and reasonable that they are bound as trade to Trade (business) Parties by this contracting out provision under both the CGS (if applicable) and FTA s5D, s9, s12A and s13 provisions or otherwise.

  1. Intellectual Property

    1. Where T.M.D has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of T.M.D.

    2. The Customer warrants that all designs, specifications or instructions given to T.M.D will not cause T.M.D to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify T.M.D against any action taken by a third party against T.M.D in respect of any such infringement.

    3. The Customer agrees that T.M.D may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which T.M.D has created for the Customer.

  1. Default and Consequences of Default

    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at T.M.D’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

    2. If the Customer owes T.M.D any money the Customer shall indemnify T.M.D from and against all costs and disbursements incurred by T.M.D in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, T.M.D’s collection agency costs, and bank dishonour fees).

    3. Without prejudice to any other remedies T.M.D may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions T.M.D may suspend or terminate the supply of Goods to the Customer. T.M.D will not be liable to the Customer for any loss or damage the Customer suffers because T.M.D has exercised its rights under this clause.

    4. Without prejudice to T.M.D’s other remedies at law T.M.D shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to T.M.D shall, whether or not due for payment, become immediately payable if:

      1. any money payable to T.M.D becomes overdue, or in T.M.D’s opinion the Customer will be unable to make a payment when it falls due;

      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

  1. Dispute Resolution

    1. If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. The arbitration should be 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.

  1. Cancellation

    1. T.M.D may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice T.M.D shall repay to the Customer any money paid by the Customer for the Goods. T.M.D shall not be liable for any loss or damage whatsoever arising from such cancellation.

    2. In the event that the Customer cancels the delivery of Goods and/or Services, the Customer agrees to notify T.M.D in writing and shall be liable for any and all loss incurred (whether direct or indirect) up to the time of, or as a result of the cancellation, notwithstanding that at T.M.D’s sole discretion:

      1. a minimum cancellation fee of fifty percent (50%) may be applicable; or

      2. if the Customer cancels the order after commencement of the Services and fifty (50%) percent or more of the Services has been completed a cancellation fee of the equivalent percentage of the overall Price will apply, whichever is the greater.

  1. Privacy Act 1993

    1. The Customer authorises T.M.D or T.M.D’s agent to:

      1. access, collect, retain and use any information about the Customer;

        1. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or

        2. for the purpose of marketing products and services to the Customer.

      2. disclose information about the Customer, whether collected by T.M.D from the Customer directly or obtained by T.M.D from any other source, 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 Customer.

    2. Where the Customer is an individual the authorities under clause 25.1 are authorities or consents for the purposes of the Privacy Act 1993.

    3. The Customer shall have the right to request T.M.D for a copy of the information about the Customer retained by T.M.D and the right to request T.M.D to correct any incorrect information about the Customer held by T.M.D.

  1. Unpaid Seller’s Rights

    1. Where the Customer has left any item with T.M.D for repair, modification, exchange or for T.M.D to perform any other service in relation to the item and T.M.D has not received or been tendered the whole of any moneys owing to it by the Customer, T.M.D shall have, until all moneys owing to T.M.D are paid:

      1. a lien on the item; and

      2. the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

    2. The lien of T.M.D shall continue despite the commencement of proceedings, or judgment for any moneys owing to T.M.D having been obtained against the Customer.

  1. General

    1. The failure by T.M.D to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect T.M.D’s right to subsequently enforce that provision. 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.

    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.

    3. T.M.D shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by T.M.D of these terms and conditions (alternatively T.M.D’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

    4. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by T.M.D nor to withhold payment of any invoice because part of that invoice is in dispute.

    5. T.M.D may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

    6. The Customer agrees that T.M.D may amend these terms and conditions at any time. If T.M.D makes a change to these terms and conditions, then that change will take effect from the date on which T.M.D notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for T.M.D to provide Goods to the Customer.

    7. Neither party shall be liable for any default due to any act of God, including but not limited to, earthquake, tsunami, volcanic events war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

    8. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it and the Customer acknowledges that any T.M.D terms in Credit/Customer Account Applications documents or similar shall also apply.

 
New Zealand
  • 0064 7 5421011
Australia and New Zealand Travel Motors Direct
 
Australia
  • 0061 7 54437013
Australia and New Zealand Travel Motors Direct
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