Please read Direct Hazmat Consultants Limited (DHC) Terms of Trade carefully. They are displayed on our website at www.directhazmat.co.nz and are subject to change without notice. By trading with DHC you are bound by our terms of trade.
“DHC” shall mean Direct Hazmat Consultants Limited and its successors and assigns or any person acting on behalf of and with the authority of Direct Hazmat Consultants.
“Client” shall mean the Client (or any person acting on behalf of and with authority of the Client) as described on any estimate, work order, invoice or other form as provided by DHC to the Client.
“Guarantor” shall mean the person (or persons), or entity, who agrees to be liable for the debts of the principal debtor.
“Services” shall mean all services supplied by DHC to the client (and includes without limitation any reports or documents or similar) and are as described in estimates, invoices, work orders or any other forms or documents as provided by DHC to the client.
“Price” shall mean the price payable for the Services as agreed by DHC and the Client in accordance with the Price and Payment section, and shall include the costs of any variation to the services.
Terms and Conditions
The sale and supply of products and services from DHC are subject to the following terms and conditions:
· DHC will use competent consultants to undertake all work.
· DHC will make every effort to keep the information on this website up- to- date.
· DHC has the right to refuse the sale or supply of any product or service where we deem it appropriate.
· Liability of any product is limited to its price. There is no liability for any consequential loss.
Pricing and Payment
A current list of standard prices for products and services is available on request and is in New Zealand Dollars exclusive of GST. These prices are subject to change without notice.
DHC job estimates are only an estimation as the final price cannot be ascertained until completion of the services. If the final price, is likely to be significantly more than the estimate (above 15%), DHC will contact the client to discuss any discrepancies. Estimate prices are valid for 30 days from the date of writing.
DHC reserves the right to change the price in the event of a variation of the service or product.
In some case, DHC reserves the right to require a deposit before undertaking work or requiring process payments.
DHC has sole discretion for payment options.
· Payment may be required before / or on delivery of the service or product.
· Generally, reports will be issued after payment of the invoice unless they are a pre-approved client. Clients wanting accounts, may be subject to credit checks before there is any agreement to supply goods/services or terms of payment.
· Payment for approved clients is due on the 20th of the following month to in which the invoice is dated.
There is a 10 to 50% surcharge for any work conducted after normal working hours (Mon to Friday 8am to 5pm), weekends or public holidays. Where a consultant requires overnight accommodation, a standard overnight rate will be charged to the client, unless otherwise agreed upon.
DHC accepts payment by several convenient options; the available options are presented below.
· By cash or cheque or bank cheque.
· By bank transfer to DHC’s nominated bank account.
· Or any other method agreed to between DHC and the client.
Prices mentioned or referred to in estimates and invoices shall be exclusive of GST and other taxes unless specifically agreed upon otherwise.
Any invoices not paid by the due date will incur a 5% penalty interest fee per month plus any additional finance and collection charges incurred.
Delivery of Services
DHC objective is to carry out all standard work orders within 10 days on confirmation of any estimate and to provide the Client with the report within 15 days on attendance at a site. Larger projects will be on a case by case basis with regular update reports and progress payments as agreed upon by the DHC and the Client.
The client should inspect the product or services provided within 7 days of delivery and notify DHC of any alleged defect, error or omissions or failure to comply with the scope of work or the agreed estimate. On notification, DHC will investigate and determine if there is any defect in any way. If the client does not comply with these provisions, it will be assumed that the service/product is free from any defect or damage.
If there is an error or defect (at DHC sole discretion) in any product or service, DHC liability is limited to replacing the product or remedying the service.
DHC may without cause, cancel any contract to which these terms and conditions apply or cancel delivery of services at any time before the services are delivered by giving notice to the client. On giving such notice DHC shall repay to the client any sums paid on account of the price.
In the event of the client cancelling the services of DHC, the client will be liable for any loss incurred by DHC (including, but not limited to, any loss of profits) as at the date of cancellation.
The client and the guarantor/s (if separate from the client) authorises DHC to:
· Collect, retain and use any information about the client/guarantors, for assessing the clients and /or guarantor’s creditworthiness or marketing products and services to the client and/or guarantors and
· Disclose information about the client and /or guarantors, whether collected by DHC from the client and /or guarantors directly or obtained by DHC 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 client and /or guarantors.
The client and /or guarantors shall have the right to request form DHC a copy of the information about the client and /or guarantors retained by DHC and a right to request to correct any incorrect information about the them.
Intellectual Property and Copyrights
Where DHC has designed, drawn or written Services for the Client, then copyright in those designs and drawings and documents shall remain vested in DHC, and shall only be used by the Client at DHC discretion.
The Client warrants its instructions to DHC will not cause DHC to infringe any patent, registered design or trademark in the supply of the Services and the Client agrees to indemnify DHC for all losses, costs, liabilities or expenses of any kind arising from any action taken by a third party against DHC in respect of any such infringement or alleged infringement.
All the content on this website, including the text, graphics, photographs, logos, icons and images is the property of DHC or it content suppliers and is protected by New Zealand and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all content available on this website is the exclusive property of DHC and is protected by New Zealand and international copyright laws.
If any provision in these terms and conditions is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudice or impaired.
These terms and conditions and any contract to which they apply shall be governed by New Zealand laws and courts.
The client is not entitled to deduct from the price any amount owed or claimed to be owed to the client by DHC or to withhold payment of any invoice because part of that invoice is in dispute.
DHC may sub-contract all or part of this rights and obligations without the client’s consent.
Neither party shall he liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire flood, drought, storm or other event beyond the reasonable control of either party.
The failure by DHC to enforce any part of these terms and conditions shall not be treated as a waiver of that provision, for shall it affect DHC right to subsequently to enforce that provision.
The DHC logo is the trademark of Direct Hazmat Consultants and may not be used in connection with any third-party products or services or in any manner that disparages or discredits DHC.
Changes and Applicable Law
We reserve the right to make changes to our website and the policies and conditions that govern the use of our website at any time. We encourage you to review the website and these terms regularly for any updates or changes. Your use of our website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. Any legal action brought between you and DHC shall be brought exclusively in the New Zealand Courts.