GENERAL
1.1         In these Terms:
(a)    Agreement means any purchase of or booking relating to the Goods and Services, together with these Terms.
(b)    Customer or You means the person, firm, company or entity buying Goods and Services from the Supplier, including where the Customer is in trade.
(c)    Goods means all goods supplied to you in association with the Services, including tyres and parts.
(d)    Supplier, We or Us means AJ Technical Services Limited and its successors and assigns.
(e)    Services means all services to be supplied to you in relation to mobile vehicle repairs, servicing, and related matters.
(f)     Terms means these Terms and Conditions of Sale and Service.
(g)    Vehicle means the Customer’s powersport vehicle in relation to which the Services are to be performed.

2.         PRICE
2.1        Price: The Price for the Goods and Services will be the price we have estimated or quoted to you or the final price for the Goods and Services actually supplied.
2.2       Tax: The Price will include Goods and Services Tax.
2.3       Estimate Variations: Price estimates are not final quotes, and the final Price may vary from our estimate. Following a comprehensive diagnostic assessment, it may become apparent to us that additional labour and/or parts will be required. If that is the case, we will communicate this to you promptly by email so that you can confirm you agree with the increased estimate and want us to proceed.
2.4       Cancellation: Delay or default in performance of the Services does not entitle you to cancel any order for Goods and/or Services.

3.         PAYMENT
3.1        Payment: You will pay your account on the due date set out in your invoice(s), which in most cases will be on receipt. We may invoice you at different stages of performance of the Services.
3.2       Deposit: We may require payment of part of the Price where we need to buy Goods before performing the Services, or in other circumstances as we consider appropriate.

4.         PENALTY FOR LATE PAYMENT
4.1       Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at our bank’s current overdraft rate will be payable upon demand and from the due date until payment. We will also apply a daily late payment fee of $20 to every overdue invoice.
4.2       Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

5.         PERFORMANCE OF THE SERVICES
5.1        Commencement: Unless otherwise agreed in writing, we will not confirm your booking nor start performing the Services until we receive your acceptance of our quote and your deposit payment (if applicable).
5.2       Rescheduling: As we ordinarily perform the services outdoors, we reserve the right to reschedule appointments if the weather will make it difficult or unsafe to work on your vehicle.
5.3       Access: You will ensure that we have clear and free access to a suitable (level) location to enable us to perform the Services.
5.4      Information: you will provide us with any relevant information required to enable us to perform the Services. Where information you provide is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
5.5       Health and Safety: It is your responsibility to ensure that all safety measures have been taken at the site where the Services are to be performed so as to comply with all applicable health and safety laws. We have not and will not at any time assume any obligations as your agent or otherwise which may be imposed on you from time to time pursuant to the Health & Safety at Work Act 2015, including any subsequent regulations (the “HSW Act”) arising from the engagement of Services under this Agreement. Unless otherwise agreed, the parties agree that for the purposes of the HSW Act, we will not be the person who controls the place of work.  Prior to our personnel attending the relevant site to perform the Services you will:
(a)    Inform us of all applicable health and safety rules and regulations that may apply at the site;
(b)    Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.
We will take reasonable steps to ensure that while on site our personnel comply with any health and safety requirements and other reasonable security requirements you make known to us.
5.6       Right to delay or cancel: If we are concerned about the presence of any hazards or risks at the site we may, in our absolute discretion, delay the performance of some or all of the Services or cancel any booking by communicating this in writing to you. If we have travelled to your site and are unable to perform the Services for any reason, we will still charge you the appropriate call-out fee.

6.         RISK AND INSURANCE
6.1        Vehicles: You must ensure the Vehicle is adequately insured.
6.2       Premises: Where you have asked us to perform the Services at commercial premises you must ensure that the premises are adequately insured.
6.3       Indemnity: While we will take all care to avoid damage to any premises or property, you agree to indemnify us in respect of all and any liability claims, loss, damage, costs and fines we suffer as a result of damage arising from the performance of the Services.

7.         GUARANTEES AND LIABILITY
7.1        Consumer Guarantees Act: If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 and we will comply with those laws.  Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause. If you are buying the Goods and Services for business purposes the CGA may not apply.
7.2       General Limitations:
(a)    We will have the option, exercisable at our discretion, to replace or give credit for any Goods or Services in respect of which any claim is made or proven or to refund a portion of the price paid for the Goods or Services, thereby fully discharging all our legal liability.
(b)    If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for the Goods and Services to which the liability relates.  This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage.
(c)    We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss.(d)    Goods Warranties: A warranty for Goods will be the current warranty provided by the manufacturer of the Goods. We will 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.
(e)    Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

8.         GENERAL
8.1        Events outside our control: If any cause beyond the reasonable control of the Supplier including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Supplier or with the performance by the Supplier or any of its obligations under this Agreement then the Supplier may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.
8.2       Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
8.3       Variation to Terms: We may vary or replace these Terms from time to time by publication on our website. 
8.4      Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
8.5       Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.
8.6      Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages, please use the “unsubscribe” function to be removed from the mailing list.
8.7       Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.