Terms Of Sale – 26.09.2016
1.1 Fuel360, Pacific Fuel or any agents or employees thereof.
1.2 “Client” shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing services from Fuel360 Limited.
1.3 “Services” shall mean all services, goods, products and advice provided by Fuel360 Limited to the Client and shall include without limitation fuel treatments, emissions testing, Fuel testing and associated services and all charges for time and attendances, hire charges, insurance charges, or any fee or charge associated with the supply of Services by Fuel360 Limited to the Client.
1.4 “Price” shall mean the cost of the Services as agreed between and the Client and Fuel360 Limited includes all disbursements e.g. charges Fuel360 Limited pay to others on the Client’s behalf subject to clause 4 of this contract.
2.1 Any instructions received by Fuel360 Limited from the Client for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Client authorises Fuel360 Limited to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Fuel360 Limited to any other party.
3.2 The Client authorises Fuel360 Limited to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Client is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally, the Services and/or products shall be deemed to be supplied at the current standard price as such Services and/or products are supplied by Fuel360 Limited at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services and/or products that is beyond the control of Fuel360 Limited between the date of the contract and supply of the Services and/or products.
5.1 Payment for Services and/or products shall be made in full on or before the 20th of the month following the date of the invoice (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Fuel360 Limited in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is cleared in full.
6.1 Where a quotation is given by Fuel360 Limited for Product or Services:
6.1.1 Unless otherwise agreed, the quotation shall be valid for ninety (90) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Fuel360 Limited reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Services are required in addition to the quotation the Client agrees to pay for the additional cost of such Services.
6.3 All products and services shall be quoted NZ Dollars.
7.1 The Client authorises Fuel360 Limited to contract either as principal or agent for the provision of Product and Services that are the matter of this contract.
7.2 Where Fuel360 Limited enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Client agrees to pay any amounts due under that contract.
7.3 Fuel360 shall be entitled to subcontract the whole or part of any services.
7.4 These terms shall apply to any subcontractor, employee or agent of Fuel360 as if Fuel360 are, were or had supplied the services
8. RETENTION OF TITLE
8.1 Where the Client has not paid for any Services or product in its possession, such title shall remain with Fuel360 Limited and:
8.1.1 The Services and product shall be held by the Client as bailee; and
8.1.2 Title in the Services and product shall remain with Fuel360 Limited until the client has made payment for the Services.
9.1 No claim relating to Products or Services will be considered unless made within ten (10) days from receipt of invoice.
10.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Fuel360 Limited which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Fuel360 Limited, Fuel360 Limited’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
10.2 Except as otherwise provided by clause 10.1 Fuel360 Limited shall not be liable for:
10.2.1 Any loss or damage of any kind, arising from the supply of Services by Fuel360 Limited to the Client, whatsoever including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Fuel360 Limited to the Client; and
10.2.2 The Client shall indemnify Fuel360 Limited against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Fuel360 Limited or otherwise, brought by any person in connection with any matter, act, omission, or error by Fuel360 Limited its agents or employees in connection with the Services.
10.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade, Fuel360 Limited is deemed to be liable to the Client, following and arising from the supply of Services by it to the Client, then it is agreed between Fuel360 Limited and the Client that such liability is limited in its aggregate to $500.00.
11.1 Any written warranty that Fuel360 Limited provide to the Client will also form part of these terms and conditions of trade.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Services from Fuel360 Limited for the purposes of a business in terms of section 2 and 43 of that Act.
13. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
13.1 If the Client is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Fuel360 Limited agreeing to supply Products and Services and grant credit to the Client at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Fuel360 Limited the payment of any and all monies now or hereafter owed by the Client to Fuel360 Limited and indemnify Fuel360 Limited against non-payment by the Client. Any personal liability of a signatory hereto shall not exclude the Client in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Client shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
14.1 Fuel360 Limited shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.2 Failure by Fuel360 Limited to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Fuel360 Limited has under this contract.
14.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Warranty Policy – 2016
Fuel360 Limited, along with associated companies / partners Pacific Fuel Ltd, Fuel360, Diesel Clean and Pacific Fuel Polishing, warrant to the full extent of New Zealand law:
1. All products sold by us
2. Services provided by us
1.1 Any written warranty that Fuel360 Limited provides to the Client will also form part of our terms and conditions of trade.
2. CONSUMER GUARANTEES ACT
2.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Products of Services from Fuel360 Limited for the purposes of a business in terms of section 2 and 43 of that Act.
3. FAIR TRADING ACT
3.1 Fuel360 warrant that the claims made for the use of this product and / or service are 100% correct when the product is used as per manufacturers recommended instructions.
3.2 Claims made under points 3 or 2, based on ‘fit for purpose’ clauses are limited to the value of the product supplied.
4.1 The dose instructions for FuelRight are clear. Do not overdose; Fuel Right at its normal concentrations (67 ppm for 15K and 33 ppm for 30K) prevents new sludge formation and slowly dissolves existing sludge; overdosing can/will lead to filter plugging and shutdowns. We have seen some circumstances where even normal (not shock) dosing has caused filters to clog – this could be due to pre-existing condition of the filter. We recommend cleaning/changing the filters before using Fuel Right. If a tank can be left idle for a few weeks then a shock dose and tank bottom vacuum cleaning is recommended.
4.2 FuelRight meets or exceeds ISO 4406 Clean Fuel Standards.
5. WHAT IS COVERED?
5.1 Fuel360 Limited will replace any unopened product that has a visual difference in colour or consistency.
5.2 Liability for product in opened containers will be at our discretion and limited to the volume remaining. Replacement or refund will be at our discretion. 5.3 Any damaged packaging on receipt.
5.4 Warranty limited to 1 year.
6. WHAT IS NOT COVERED?
6.1 Any damage to customer equipment caused by incorrect dosing
6.2 Damage resulting from unauthorized modification of the product
6.3 Damage caused by ingress of water
6.4 Overdosing can cause excessive sludge breakdown in a short period of time, which may overload and block your filters. Fuel360 Ltd / Diesel Clean is Tier 6.5 Maritime Certified and maintains industry standard Product and Service liability insurance 26.09.2016