Terms of trade

Terms of Trade

1. Introduction

1.1. This document outlines the Terms of Trade for Tuari Consultants Limited, a New Zealand based business that specializes in providing reporting and facilitation services. By accepting a quote for services with Tuari Consultants Limited, the Client agrees to be bound by the following Terms of Trade.

1.2. These Terms of Trade apply to any and all work carried out by Tuari Consultants Limited including any director, employee or contractor of Tuari Consultants Limited, unless otherwise agreed in writing.

1.3. In these Terms of Trade , ‘Tuari Consultants Limited’ includes any director, employee or contractor of Tuari Consultants Limited

1.4. In these Terms of Trade , ‘the Client’ includes any person that instructs Tuari Consultants Limited to perform work, or any person acting on behalf of and with the authority of a person who is instructing Tuari Consultants Limited to perform work. The acceptance of a quote for services means the Client is bound by these Terms of Trade and neither identification nor signature are a requirement.

1.5. In these Terms of Trade , ‘Services’ means any and all services that are identified by any quotes, invoices or other documents describing the services supplied, or to be supplied, by Tuari Consultants Limited to the Client.

2. General

2.1. Tuari Consultants Limited agrees to supply, and the Client agrees to purchase the Services referred to on an invoice issued by Tuari Consultants Limited.

2.2. The invoice may at any time contain additional terms and conditions for the supply of applicable Services. If at any time there is an inconsistency between these Terms of Trade and the invoice, then the invoice should supersede these Terms of Trade.

2.3. The Client cannot cancel instruction of any Services after the issue of a tax invoice by Tuari Consultants Limited and the Client is bound to pay the price of these Services.

3. Fees

3.1. All prices quoted by Tuari Consultants Limited are in New Zealand dollars. Prices are subject to change without notice and Tuari Consultants Limited reserves the right to adjust prices to reflect changes in market conditions and other factors.

3.2. Tuari Consultants Limited’s current hourly rate is $150.00 plus GST. In general, the fees charged will reflect the time spent providing Services agreed upon.

3.3. A reduced hourly rate for travel as required, will be charged by Tuari Consultants Limited, this is 50% the current hourly rate. Tuari Consultants Limited will charge the IRD rate of .79c per kilometre measured from and back to Gisborne central if Services require any director, employee or contractor of Tuari Consultants Limited, to travel outside of Gisborne.

3.4. Clients are provided a quotation prior to Tuari Consultants Limited commencing any Services and Tuari Consultants Limited will notify the Client if the Services to be provided are going to incur any further costs.

3.5. If Services are required for a Client who has any special needs beyond the scope and skill of any director, employee or contractor of Tuari Consultants Limited (such as mental health, language or other communication needs) and a specialist or expert is required to assist, the extra Services will be charged at the current hourly rate of Tuari Consultants Limited.

4. Payment

4.1. The Client must pay in full, each tax invoice issued by Tuari Consultants Limited, by the due date and by the payment method the invoice specifies.

4.2. If the amount due is to be paid by Legal Aid, the tax invoice must be paid within five (5) business days upon the Client receiving payment from Legal Aid. If there is a delay in payment due to Legal Aid, the Client will advise Tuari Consultants Limited of any updates.

4.3. If the Client expects to be reimbursed by a third party for payment to Tuari Consultants Limited, the Client still remains responsible for payment of the invoice if the third party fails to do so.

4.4. Any invoice that remains unpaid for more than 60 days from the due date may be forwarded to a third party to collect payment on behalf of Tuari Consultants Limited. Any costs incurred while enforcing payment of unpaid invoices, whether by a third party or Tuari Consultants Limited, is payable by the Client.

5. Supply of Services

5.1. The Services will be supplied based on the specific details on the relevant service documents, or as otherwise agreed in writing.

5.2. Tuari Consultants Limited is not liable for any failure to supply any Service caused by the Client’s failure to provide adequate information or instructions relevant to the supply of Services.

6. Termination

6.1. The Client may terminate this agreement in writing, at any time. The Client must pay for all Services completed up to the date of termination and all expenses incurred by Tuari Consultants Limited up to that date.

7. The scope of these Terms of Trade

7.1. These Terms of Trade are governed by and will be construed in accordance with the laws of New Zealand.

7.2. These terms of Trade apply to any current work and any future work, whether or not Tuari Consultants Limited provides the Client with an updated copy of these Terms of Trade.

7.3. These Terms of Trade together with any relevant quote for services and/or invoice form the entire agreement between the parties for the supply of Services and supersede and exclude any previous representation, agreement, arrangement or correspondence on the specific matter, any terms or documents submitted by the Client and any terms implied by trade, custom, practice or course of dealing.

7.4. The Client may not assign any of its rights and obligations to any person without the prior written consent of Tuari Consultants Limited.

7.5. If any provision of these Terms of Trade is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, that provision will be amended to the extent necessary to make it legal, valid and enforceable without altering its meaning or intent or, if that is not possible, that provision will be severed from these Terms of Trade . In any event, the remaining provisions of these Terms of Trade will remain in full force and effect.

8. Amendments to these Terms of Trade

8.1. Tuari Consultants Limited reserves the right to make changes to these Terms of Trade at any time without notice.

8.2. The current version of these Terms of Trade will be available on the Tuari Consultants Limited website.