Terms and Conditions
Tiny Towing Solutions LIMITED
1. AGREEMENT
1.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by the terms and conditions of this Agreement if the Customer places an order for or accepts delivery of any goods and/or services.
1.2 The terms and conditions are irrevocable and can only be rescinded in accordance with this Agreement or with the written consent of TTS.
1.3 These terms and conditions may only be amended with both parties’ consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the TTS and the Customer.
2. DEFINITIONS
Agreement means these terms of trade of purchase.
Customer means the person, company or other entity to which the Goods and/or Services are supplied.
Goods means goods supplied or to be supplied by TTS to the Customer and where the context so permits shall include any supply of Services.
Order means an order by the Customer to TTS for Goods and/or Services.
Price means the price for the Goods and/or Services as advised by TTS from time to time.
Services means services supplied or to be supplied by TTS to the Customer.
TTS means Tiny Towing Solutions and its successors and assignees.
Regular Customer means a registered company which TTS has had multiple dealings with.
One-off Customer means all customers that do not fit into the definition of a Regular Customer.
3. PAYMENT AND PRICE
3.1 Payment for the Services shall be made:
3.1.1 For one-off customers payment shall be made on or before the due date; 3.1.1 For regular customers payment shall be made either fourteen (14) days from date of invoice – subject to the agreed set up with TTS; and
3.1.2 for the full amount stated on the Supplier’s invoice.
3.3 Payment of the Price and any other monies owing to TTS shall be made in cleared funds and free of any counterclaim, set-off, deduction or other claim whatsoever.
3.4 The Customer is liable for full payment of any order for Services subsequently cancelled by the Customer.
3.5 Two weeks notice is required prior to the booked in date of services confirmed via email to cancel a booking without incurring any penalty fees.
3.6 A booking is confirmed as soon as an email or text message has been received by TTS asking for a confirmed date and booking.
3.7 If a booking is cancelled within the two week period and we are unable to fill the booking space there will be a charge at cost of loss at TTS discretion.
3.8 If booking is cancelled when already on route full costs will be charged.
3.9 QUOTES: Quotes provided by TTS to client are valid from one ( 1) month from date sent via email. Then after an up to date quote would be required . Extras on site are charged out at $350.00 per hour. If Client agrees on quote and a date is not confirmed and this precedes the one (1) month original quote then TTS reserves the right to alter the quote and inform the client.
4. FAILURE TO COMPLY
4.1 If the Customer fails to pay any monies on or before the due date, or is otherwise in breach of this Agreement, TTS may, in TTS’s sole discretion without prejudice to and in addition to any other rights and remedies:
4.1.1 Charge an instant penalty of 15% for one-off customers; and
4.1.2 Charge interest on all overdue invoices at a rate of 2.5% per month, calculated on a daily basis, and shall accrue in the same manner until payment of the overdue amount and any interest is paid in full.
4.2 The Customer will pay to TTS any damage, losses, costs and expenses (including all legal costs as between solicitor and client) and debt collection fees incurred by TTS in consequence or in connection with the recovery of an overdue debt or the enforcement by TTS or any other power, right or remedy conferred upon TTS by law or this Agreement.
5. ERRORS OR OMISSIONS
5.1 Clerical errors or omissions, whether in computation or otherwise in the quotation, order or invoice will be subject to correction by TTS.
6. COMPLIANCE WITH LAWS
6.1 The Customer and TTS shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods and/or Services including but not limited to, any WorkSafe health and safety laws or any other relevant safety standards or legislation pertaining to the Goods and/or Services.
6.2 TTS has not and will not at any time assume any obligation as the Customer’s agent or otherwise which may be imposed upon the Customer from time to time pursuant to the Health & Safety at Work Act 2015 (the “HSW Act”) arising out of the engagement. The parties agree that for the purposes of the HSW Act, TTS shall not be the person who controls the place of work in terms of the HSW Act.
6.3 The Customer shall obtain (at the expense of the Customer) all engineering reports, certificates, and all licences, permits and approvals that may be required for the supply of Goods and/or Services.
7. CANCELLATION
7.1 Once an order is received and confirmed by TTS, it cannot be cancelled by the Customer, unless TTS provides its prior written consent. Please see above 3.5 to 3.8.
8. DELIVERY
8.1 Subject to an agreement otherwise between the parties, TTS will deliver or arrange for the delivery of the Goods to the address the Customer provides to TTS in writing.
8.2 While TTS shall use all reasonable efforts to deliver within a reasonable time, any delivery time shall be an estimate only.
8.3 The Customer shall ensure safe and practical site access for deliveries and shall inspect the Goods on delivery. The Customer has three (3) working days from the date of delivery to raise any issue with TTS in respect of the Goods delivered. Failure to do so within this timeframe will deem the Goods as accepted by the Customer and the Customer may not reject the Goods after this time.
9. INSURANCE
9.1 For a insurance Quote on marine Cargo (Transit) We ask the customer to declare the value of their item so we are able to provide an accurate quote with our marine Cargo (Transit) Insurance policy.
9.2 Please Note the Customer is liable for the $2500 excess if a claim is actioned.
9.3 TTS Towing recommends Goods having Comprehensive cover and checking this Covers “While in Transit”
9.4 If no Insurance cover is wanted then Goods are transported at Owners Risk unless otherwise Organized in writing. This means TTS Towing are not liable for Damage, theft of Vehicle contents while in Transit of delivery.
9.5 In the Event TTS Towing are at fault for damage caused during Transit, we will cover upto $2000 Including GST. Unless otherwise Organized and written prior to delivery.
9.6 DAMAGE Any Cracks in Paint, Gib, workmanship, Interior and Exterior panels from road wear and tear and road conditions with Product ( Cabin, tiny home, pod, dwelling ) Not designed and built for transport are not covered by TTS Towing.
9.7 DAMAGE caused to sites: accessing property to pick up and drop off Tiny homes, cabins, pods, sleepouts will not be covered by MPK Towing, while every care will be taken to avoid any damage, We take No responsibility for.
9.8 Levelling Services: TTS Towing are not liable for any land and site sinking that happens after leaving the property. Site / Pad preparation prior to our arrival and after is at the owners responsibility.
9.9 Over Size items: Please note there is Limited cover for Over Size items when it comes to foliage damage. Over height is over 4.3m high including our transporter. (900mm deck height) Over Width is over 3.1m wide. Any questions or queries with this PLEASE ASK.
10. RISK AND OWNERSHIP
10.1 On delivery of any Goods and/or Services under this Agreement, the Customer will take responsibility for the Goods and/or Services and will carry the full risk of liability with no recourse to TTS. The Customer is responsible for adequately insuring the Goods and/or Services as from delivery and the Customer agrees and acknowledges that until the Customer has fully paid for the Goods and/or Services and any other amounts owing by the Customer to TTS under this Agreement:
10.1.1 TTS retains ownership of the Goods; and
10.1.2 TTS shall not be liable for any loss or damage suffered by the Customer due to the non-performance, non-delivery, or delay in delivery of the Services howsoever arising through no fault of the Supplier.
10.1.3 TTS and its agents have the right to enter the premises where the Goods and/or Services are being stored at any reasonable time to inspect the Goods and where the Customer is in breach of this Agreement, remove the Goods from the Customer’s possession; and
10.1.4 If the Goods and/or Services are stored at the premises of a third party the Customer will obtain the consent of that third party to TTS entry onto the premises for this purpose. The Customer shall pay all costs incurred by TTS in respect of such entry and repossession, including all legal costs.
11. WARRANTIES
11.1 If products used by TTS have a manufacturer’s warranty, this manufacturer’s warranty will be passed onto the customer. No further warranty will be provided by TTS.
11.2 TTS does not give any warranty or representation of any sort as to the results, outcomes or performance to be achieved or expected from use of the Goods and/or the Services.
12. EXCLUDED LEGISLATION
12.1 Where the Customer acquires the Goods and/or Services, or holds themselves out to TTS as acquiring the Goods and/or Services, for the purposes of a “business” (as defined in the CGA) then to the extent permissible under law, the parties agree that the CGA does not apply to this Agreement. The Customer indemnifies TTS from any liability or costs arising from the Customer on-selling the Goods and/or Services for a business purpose where the Customer fails to exclude the application of the CGA (if applicable) to such transaction. If the provisions of the CGA apply to the supply of Goods to the Customer by TTS the clause limiting TTS‘s liability under this Agreement shall not apply.
12.2 To the maximum extent permissible under law, the parties agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to this Agreement and that the provisions of the Sale of Goods Act 1908 also do not apply to this Agreement.
13. INDEMNIFICATION
13.1 The Customer agrees to indemnify TTS against all liabilities, costs (including full costs between solicitor and Customer), losses, claims, expenses and demands incurred by TTS or any third party arising out of or incidental to the supply of Goods and/or Services, or the Customer’s non-compliance with this Agreement, and from any third party claims arising out of or incidental to the supply of and/or use of the Goods and/or Services, and/or the Customer’s incorrect storage, handling and use of the Goods and/or Services, except where such liabilities, costs, claims and demands are the result of the gross negligence of TTS.
14. LIMITATION OF LIABILITY
14.1 Except as otherwise provided in this Agreement, TTS will be under no liability whatsoever to the Customer for any indirect loss, consequential loss, fines, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by the Customer or any other person, arising out of or flowing from this Agreement, whether contemplated by this Agreement or not, and whether actionable in contract, tort (including negligence), equity or otherwise. To avoid doubt and in addition to the above, TTS shall not be liable to the Customer or any third party to the extent that any loss or damage was caused or contributed to by the Customer’s negligence, or that of the Customer’s employees, representatives, agents or third parties.
14.2 In the event that, despite the above paragraph, TTS is found liable for any loss or damages, including the loss or damages set out above, such liability will be limited to the Price paid or to be paid by the Customer for the Goods under this Agreement to which the liability relates and is inclusive of all claims made against TTS under this Agreement by the Customer.
15. INDIVIDUAL LIABILITY AND GUARANTEES
15.1 Where the Customer comprises more than one person carrying on business in partnership, each and every individual partner will be jointly and severally liable to TTS in respect of all indebtedness or liability of the Customer arising out of this agreement. Where the Customer is a limited liability company or other corporation, the directors of the Customer company shall bind themselves as sureties and co principal debtors with the Customer, jointly and severally, for the due and principal payment of all monies and performance of all obligations due by the Customer arising out of these Terms and Conditions and as a separate and further obligation, do each fully and continuously indemnify TTS for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by TTS arising out of or flowing from any default by the Customer.
16. CONFIDENTIALITY
16.1 All intellectual property and other information belonging to a party which by designation or by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement. Except as otherwise specified in this Agreement, or as otherwise required under law, neither party will without prior written consent of the other disclose any confidential information to any third party. To avoid doubt, confidential information includes but is not limited to TTS’s Prices, profit margins, the identity of TTS’s suppliers and the identity of the Goods supplied. The confidentiality obligations under this provision survive termination of this Agreement.
17. PERSONAL INFORMATION
17.1 The Customer agrees that TTS may collect, use and disclose the Customer’s personal information for purposes related to the Customer’s dealings with TTS including but not limited to the supply of the Goods, direct marketing, provision of information about the Goods, the recall of Goods, debt collection and credit reporting or assessment. If the Customer is an individual, the Customer has rights under the Privacy Act 1993 (or its successor legislation) to access personal information that MPT holds and to request the correction of such personal information.
18. DISPUTE RESOLUTION
18.1 The parties shall endeavour to resolve any disputes in relation to this Agreement and/or the supply of Goods between them cooperatively in the first instance, prior to seeking resolution through the Courts. However, nothing in this clause prevents either party from seeking interlocutory or injunctive relief.
19. SUSPENSION
19.1 TTS may suspend the operation of this Agreement at any time in the event that the Customer has, or is likely to, in TTS’s reasonable opinion, breach any term or condition set out in this Agreement.
20. FORCE MAJEURE
20.1 No failure or omission by a party to carry out or observe any of the terms of this Agreement will give rise to any claim against that party or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond the control of that party. The party unable to fulfil its obligations will as soon as reasonably practicable notify the other in writing of the reasons for its failure to fulfil its obligations and the effect of such failure. Should the delay or failure in the performance exceed 3 months, either party may terminate the Agreement by providing a written notice to the other party.
21. MISCELLANEOUS
21.1 Entire Agreement: This Agreement constitutes the entire Agreement and supersedes and extinguishes all prior agreements and understandings (written or oral), between the Customer and TTS. In the event of any conflict or inconsistency between this Agreement and the provisions of any document used by the Customer or any other arrangement between the parties, this Agreement prevails unless otherwise agreed in writing and signed by both parties.
21.2 Notices: Notices under this Agreement will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their last known address. The Customer will notify TTS in writing of any changes to the Customer’s postal, physical, and email addresses.
21.3 Variation: TTS may amend this Agreement at any time. The amended terms and conditions will be posted on its Website. The Customer’s continued ordering of Goods will deem the Customer’s acceptance of the amended terms. If the Customer does not accept the amended terms, the Customer may terminate this Agreement and the version of the terms and conditions immediately previous to the amended terms shall continue to apply to Goods ordered prior to termination by the Customer.
21.4 Assignability: TTS can at any time assign, novate or otherwise transfer, encumber or subcontract any of its rights and obligations under this Agreement to a third party.
21.5 Waiver: A party will not have waived or be deemed to have waived any provision of this Agreement unless the waiver is in writing and signed by that party.
21.6 Survivorship: Termination of this Agreement for any reason will not affect the rights and obligations of the parties that are intended to survive the termination, including but not limited to provisions in this Agreement relating to payment, failure to comply, risk and ownership, intellectual property, use, confidentiality, indemnification and limitation of liability.
21.7 Severability: If any part or provision of this Agreement is found to be illegal, invalid or unenforceable, that part or provision shall be modified to the extent necessary and reasonable in all circumstances to remedy the illegality, invalidity or unenforceability. If it cannot be modified, that part or provision will be void and severable and the remainder of this Agreement will not in any way be affected or impaired.
21.8 Non-Circumvent: The parties will not circumvent or attempt to circumvent the provisions and/or intent of this Agreement.
21.9 No relationship: This Agreement does not create any relationship of partnership, employment, agency or joint venture between the Customer and TTS.
21.10 Governing Law: This Agreement is to be interpreted in accordance with and governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.
21.11 Counterparts: This Agreement may be executed in counterparts (which may be electronic or facsimile copies) and all of which, when taken together constitute the one document.
