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In these conditions unless the context otherwise requires:
The Company will set out the price and nature of the Services to be supplied to the Customer. If the price and Services offered is acceptable to the Customer, the Customer may place an order with the Company for the supply of the Services. The order shall be valid whether made direct by the Customer or through a Third Party.
If any instruction is received by the Company from the Customer or Third Party for the supply of the Services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the Services made by the Customer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of any member or representative of the Customer including a Third Party.
5.1. The Price shall be as indicated on invoices provided by the Company to the Customer in respect of products and/ or Services supplied; or
5.2. The Price shall be the Price of the Company’s current Price at the date of delivery of the Services.
5.3. When booking with the Company direct the Customer shall pay the Company the quoted Price in full and without setoff prior to the supply of the Services.
5.4. With the agreement of the Customer the Company may amend the Price for alterations to the Services ordered after the order has been placed.
5.5. Where a booking is made by a Third Party the Customer will pay the Third Party and Company will issue an invoice to the Third party for payment of the amount agreed by the Third Party and the Company.
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
6.1. The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or electronic transfer, or by any other method as agreed to between the Customer, or a Third Party, and the Company.
6.2. Subject to any provision to the contrary in the Contract, payment from a Third Party shall be received on or before the 7th working day of receipt of the Company’s invoice to the Third party, which shall be issued promptly on or after the booking of the Services.
6.3. Late payment shall incur interest at the rate of 15% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Customer’s or the Third Party’s default in failing to make payment on the due date.
6.4. Without prejudice to any other remedies the Company may have, if at any time the Customer or the Third Party is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of the Services to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer or Third Party for any loss or damage the Customer or Third Party suffers because the Company exercised its rights under this clause.
6.5. In the event that:
a. any money payable to the Company becomes overdue, or in the Company’s opinion the Customer or Third Party will be unable to meet its payments as they fall due; or
b. the Customer or the Third Party 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
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or Third Party or any asset of the Customer or Third Party; then without prejudice to the Company’s other remedies at law
d. the Company shall be entitled to cancel all or any part of any order of the Customer or Third Party that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
7.1 Bookings are non-refundable where a booking made by a Customer or Third Party is cancelled by the Customer or Third Party within 24 hours of the scheduled start time of the provision of Services.
7.2 In the event a Customer booked by Third Party ‘no shows’ the Third Party will be invoiced as per clause 6.
7.3 In the event of the cancellation of the provision of Services by the Company due to weather or other unforeseen circumstances the Company will provide a full refund to the Customer or Third Party.
8. Governing Laws
These Terms of Trade will be interpreted in accordance with applicable New Zealand government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
9. Dispute Resolution
The Company will endeavour to resolve any dispute between the Customer or the Third Party and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
10.1 Except as otherwise provided by statute the Company shall not be liable for any loss of any kind whatsoever suffered by the Customer or Third Party as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Customer’s or the Third party’s servants, agents, contractors, Customers, visitors, tenants, trespassers or other persons. The Customer and the Third Party shall indemnify the Company against any claim by any such person.
10.2 The Company will not be liable in contract, or in tort, or otherwise for any loss, damage or injury beyond the value of goods and/or Services supplied to the Customer or to any other party.
10.3 The Customer agrees:
a. that an outdoor activity such as the Services has an element of risk and the Customer chooses to participant at their own risk;
b. to notify the Company of any medical condition that may affect the Customer during the provision of the Service;
c. to follow all reasonable instructions given by the Company during the provision of the Services, and that a failure to do so may result in the premature termination of the provision of Services at the sole discretion of the Company;
d. to assume full responsibility for the Customer’s equipment and property carried with the Customer during the provision of the Services;
e. the Company will not be liable to the Customer for any loss, damage or injury to the Customer’s property or person whatsoever whether such loss, damage or injury arises directly or indirectly from the Services supplied by the Company including any consequential loss, damage or injury, and financial loss.