LoKate Services Ltd. Terms of Trade.
Services.
The services that LoKate Services Limited (“LSL”) provides to you are outlined in either a letter or email. LSL undertakes to use the best possible practices and equipment to perform the work specified but does not guarantee that all underground services will be located and that, if located, that the services are in the exact position marked.
Fees/Price.
Estimates are given as a guide only and not as a fixed quotation. Often, it is not possible to give more than an estimate for final costs due to a number of variable factors. Please note any estimate of LSL’s fee is given as Goods and Services Tax (GST) Exclusive. If you decide not to proceed with the matter to completion, work done and payments made on your behalf are still payable by you. A retainer may be required. You will be advised if this is the case in letter or email. You authorise LSL to make reasonable and confidential credit enquiries from an appropriate information provider.
Disbursements and Expenses.
These include charges and general expenses incurred and any fees charged by other third parties (for example suppliers or specialists). Disbursements are GST Inclusive unless stated otherwise.
Payment of Accounts.
LSL will send interim invoices, usually monthly, for matters of an ongoing nature. On completion of your matter or termination of LSL’s services, a letter and an invoice will be sent to you. LSL’s invoices are payable within 7 days of receipt. You authorise LSL to deduct costs from funds held as a deposit. If you have difficulty meeting these terms, please contact LSL immediately to discuss your circumstances. If an account is not paid, LSL reserve the right to: (a) charge interest at the rate of 20% per annum; and (b) refer the account to a Collection Agency and all costs incurred in the collection of the debt will be added to your outstanding account. Should your outstanding account be referred to a Collection Agency, please be aware that, in engaging our services, you consent to the disclosure of your personal information to that Collection Agency. This disclosure is limited to Full Name, Date of Birth, Residential Address, Place of Work, and any other means to contact you that LSL has on file. LSL will hold in confidence all information concerning you and your affairs that LSL acquire while working with you.
Termination.
LSL may terminate your engagement in any circumstances. If LSL’s services are terminated, you must pay LSL all the fees due after the date of termination and all expenses incurred up to that date.
General.
These terms apply to any current engagement and to any future engagement, whether or not LSL send you another copy of them. LSL’s relationship with you is governed by New Zealand law.
Consumer Guarantees Act.
Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of these conditions will be read subject to the application of that Act and in the case of any conflict, the provisions of that Act will apply. Where the consumer is a business (as “business” is defined by the Consumer Guarantees Act 1993), it is agreed that it is acquiring LSL’s services for the purpose of a business and that Consumer Guarantees Act does not apply.
Project Postponement or Cancellation.
Any changes that you initiate to LSL’s services at short notice may incur a fee.
Limitation of Liability.
Conditions and warranties implied by law which cannot be excluded apply, but only to the extent required by law. All other implied conditions, warranties, and rights, including any implied by custom, usage or other circumstances are expressly excluded. To the extent permitted by law, LSL’s liability for breach of such warranties or conditions is limited. LSL is not liable to you in respect of any indirect loss or consequential loss suffered by you.
Confidentiality.
LSL will hold in confidence all information concerning you and your affairs that LSL acquire during the course of working with you.
Disclaimer.
The services that LoKate Services Limited (“LSL”) provides to you are outlined in either a letter or email. LSL undertakes to use the best possible practices and equipment to perform the work specified but does not guarantee that all underground services will be located and that, if located, that the services are in the exact position marked. While every care is taken to ensure that all services are reliably and accurately detected and located, LSL acknowledges the level of technology utilised for these services coupled with variable conditions and unknown interferences can affect LSL’s findings. Considering the above, LSL makes no warranty, guarantee or assurance as to the full accuracy of the results that are produced from LSL’s testing. Any excavation undertaken by you or an authorised third party working on your behalf still must undertake due diligence as per WorkSafe NZ, Guide for Safety with underground services, or any other statue and or best practice industry guide.
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