Terms & Condition

  CUSTOMER USER TERMS & CONDITIONS

Welcome to the self-service online portal of TRUCK SYSTEMS NZ LIMITED for businesses requiring the services of mobile mechanics, engineers, panel beaters, auto electricians and fleet managers for cars, light vehicles, trucks, buses and heavy machines. These Terms are intended to explain our obligations to you and your obligations as a customer when you purchase our goods and services or use this web site. Please read these Terms carefully.

By registering with us, accessing and continuing to access our goods and services (or permitting other persons within your business to utilise them), our mechanical engineering support services or our website you agree that you have read, understood and accepted our Terms.

Please note that we may update these Terms from time to time.


1. Our Commitments

We want to make it easy for you to do business with us and are committed to:

  • responding to your needs effectively and as soon as possible;
  • ensuring our engineers provide a high level of workmanship;
  • using trained engineers and specialist repair equipment to service your equipment;
  • putting you in touch with the right person to answer your inquiries; and
  • keeping you informed about new services which may benefit your business.

Wherever we provide goods or services for you, we agree to:

  • provide them with due care and skill and to best industry practice;
  • make sure we only do what you have agreed for us to do;
  • ensure the goods are of acceptable quality and fit for purpose;
  • do our best to ensure our engineering services are reliable although we do not guarantee they will be continuous or fault-free;
  • keeping you informed about new services which may benefit your business.
  • ensuring that our break down and auto electrical services are available to you 24 hours a day; ensure that your equipment is not damaged when we service it;
  • ensuring the goods you order are correct and delivered as soon as possible
  • maintaining a secure website and protecting your privacy
  • store all your transactions and data with us for so long as you have an account open with us unless you otherwise ask us to destroy it;
  • comply with our Privacy Policy relating to the privacy and security of your personal data; and
  • use reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your Customer Account.

However, we take no responsibility for the nature, quality or content of any material you may access through our website nor do we represent or warrant to you that:

  • your use of our goods and services will meet your requirements;
  • your use of our website will be uninterrupted, timely, secure or free from error;
  • you should act or refrain from acting on the basis of any information or other content made available at this website, or at any other Internet site to which this website links to; and
  • this website or any part of it will be available for access continually or free from any break-downs or degradation of speed of access or any other problems in respect of access to or operation of this website, however caused.

2. Our Services

Subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable right to purchase our goods and services and access our website solely for your business operations.

When you register on our website, by default the profile, company information and the personal data and other information which you provide us with (which you confirm is true and accurate), including, but not limited to, your company name, description and address, will be used to manage your customer account, send you invoices and our marketing material.

You must ensure that you are entitled to disclose your personal data and other information to us from within your organisation or relevant third parties and that they have given their consent to our use and processing of their personal data or information in accordance with these Terms and our Privacy Policy. You will update and correct any data you disclose to us and ensure that it is accurate at all times. If you are located within the European Economic Area (EEA), you acknowledge and agree that your personal data maybe transferred or stored outside the EEA in order to provide goods or services to you.


3. Your Responsibilities

Whenever you use our goods or services or our website, it is your responsibility to:

  • follow our directions about the use of them and to comply with these Terms;
  • ensure you are authorised to access them and are not using them as a competitor, private individual or consumer;
  • not, copy, sell, distribute, trade or resell the goods we sell you for any purpose other than specifically permitted by these Terms or in a separate agreement in writing with us;
  • use them for lawful purposes and without annoying anyone such as sending unsolicited volume e-mails or infringing any copyright;
  • ensure all information you submit is correct, up-to-date and complete;
  • never interfere with our other customers or promote violence or discrimination against them;
  • keep your password(s) secure and advise us promptly if someone unauthorised gains access to your customer account;
  • ensure you are not using crawlers, robots, data mining or extraction tools or anything harmful such as viruses that may interfere with other customers computer system;
  • never reverse engineer/compile or disassemble or copy/modify any of our software;
  • comply with the Copyright Act 1994 and the Privacy Act 1993 and all defamation and other applicable laws; and
  • make sure anyone else who uses them on your behalf, or does anything relating to them, also meets these responsibilities.

We reserve the right, without liability to you, to disable, suspend or terminate your access to your customer account and our website or any other material if you breach any provision of these Terms.

You are also responsible where you access third party web site content, correspond with, and purchase products and services from, third-party web sites. You acknowledge that you do so solely at your own risk, and we do not accept any liability in relation to the content or use of, or correspondence with, or any transactions completed by you with any such third party.

We do not endorse or approve any third-party web sites nor the content of any of the third-party web sites made available via this website.


4. Our Charges

You must pay for the goods and services we provide to you no matter who uses them. For certain goods our charges are payable when you place the order and before they are dispatched to you but most service charges are billed on the completion of the service. The amount due is to be paid to our nominated bank account within 7 days in N.Z dollars (including GST). We may increase our charges from time to time, provided that we have first given you reasonable notice of our new charges.

Service charges will usually be set out in an estimate before we provide them but may still vary if unexpected problems occur. We will tell you when this happens.

Certain additional or non-standard services may be provided by us and third parties and the provision of these may be subject to further terms and charges e.g. reconditioning of difficult to obtain parts.

Billing:

Our charges are based on records we keep of the services we provide and are non-cancellable and non-refundable. Please let us know before the due date for payment if you think a bill has a mistake or includes a charge which you should not have to pay and we will investigate the matter. While we are doing this, you need only pay the undisputed part of the bill by the due date for payment. Normally, we will be able to find out if there is a mistake in our records and get back to you within 7 working days.

If we have not received payment of any bills within 7 days after the due date, and without prejudice to any of our other rights and remedies:

  • we may, without having any liability, disable your customer account that you have with us, passwords and access to the goods we sell while the bill remains unpaid;
  • charge interest on the overdue amounts at 5% p.a. over the then current base commercial lending rate of our bank commencing on the due date for the bill and continuing until fully paid, whether before or after judgment; and
  • charge you for any expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.

5. Termination

You may terminate your customer account by sending us a notice advising of the termination date. Where we have already agreed to provide services to you, the termination date will be the date the charges for the service are paid for.

Upon termination of the service(s), all licences granted under these Terms shall immediately terminate and all of your data will be rendered inactive in our records.

Notwithstanding termination for any reason, the rights and obligations of the parties governed by these Terms shall survive the termination in relation to any matter arising prior to the termination and any obligations which, by their nature, are intended to survive beyond termination. Clauses 5 (Termination), 7 (Limitation of Liability), 8 (Intellectual Property), 12 (Notices) and 15 (Governing Law) shall survive any termination of these Terms.


6. Compensation and Liability

Reasonable Costs

Where we do not meet a responsibility we have to you, the refund of our charges is limited to the amount of the charges for the goods or the affected service.

Where a service we provide to you is affected because we did not meet our responsibilities to you, and you reasonably incur direct costs as a result, please let us know. Where we consider it appropriate, we may refund to you all or part of those direct costs.

For us to consider your claim, you must tell us within 7 days of when the problem occurs.


Exceptions

We are not liable to reimburse you in any form for our failure to meet a responsibility we have to you where such failure arises from any one or more of the following events or losses:

  • faults caused by either your equipment, applications, interconnected equipment, systems or gateways and/or your acts or omissions, or the acts or omissions of local network carriers or failure of third party services;
  • unavailability of your equipment and/or suspension of services due to non-payment of any charges payable by you or where the services are disconnected by reason of it being used for any illegal, unlawful or other objectionable purpose described in these Terms;
  • scheduled or routine maintenance of our equipment, including without limitations the following:
  • - maintenance by local network operators on access circuits affecting our website and the ability to purchase goods; or

    - maintenance or upgrades on our service equipment including our computer systems;

    - faults arising from reasons beyond our reasonable control and force majeure events including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts or omission of any person for whom we are not responsible or any causes whether similar or otherwise outside our control;

    - DNS (Domain Name Server) issues or changes (propagation issues) outside our direct control;

    - outages elsewhere on the Internet that hinder access to your customer account;

    - your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation any negligence, wilful misconduct, or use of our services in breach of these Terms; and

    - distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or due to you downloading any software or material posted on it, or on any other web sites linked to it.

We will warrant only those areas of our services that we consider to be under our control.

Property Damage

If in the course of providing fleet management services we or anyone we are responsible for causes physical damage to your property through not taking reasonable care, we will pay the reasonable costs of repairing the damage up to the maximum amounts available under our public liability insurance policy. For us to consider your claim, you must tell us within 7 days of the property being damaged.


7. Exclusion of Our Liability and Indemnity

We have set out your rights to claim a refund of our charges for any problems you may have and to claim compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of our employees and contractors, everyone we are responsible for and anyone else we get to perform our responsibilities.

None of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by these Terms or any agreement you have with us. This exclusion applies:

whatever you are claiming for (including loss of profits or business) however liability arises or might arise if it were not for this clause.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

You agree to defend, indemnify and hold us harmless from and against all claims and expenses, including legal fees, arising out of or related to:

  • your use of our website or services in violation of these Terms;
  • any fraud you commit or your intentional misconduct or gross negligence; and
  • your violation of any applicable laws or rights of another customer or third-party.

GENERAL

8. Intellectual Property Rights

We have intellectual property rights in our website including the software forming part of it. These rights include, for example, all copyright, trademark and design rights relating to the systems, software, documents and services. We retain all our rights when we provide you access to them or provide services to you. Except as expressly stated in these Terms, we do not grant you any rights to, or in, our intellectual property, or any other rights or licences in respect of our services or their related documentation.

All information we provide you in confidence such as the estimated cost of our services is confidential, and you must not copy any of it or disclose it to anyone.

You grant to us a royalty free irrevocable worldwide right and non-exclusive licence to use, make available, reproduce, modify, publish, edit, translate, distribute, perform and display any content you post or supply (such as reviews of goods we sell), to the extent they are made available to other customers under these Terms and any other intellectual property rights necessary and/or desirable in our reasonable opinion to provide our goods and services for as long and as otherwise necessary to enable us to perform our obligations under these Terms. You also agree that we may use your company name and/or logo in our marketing and publicity material as examples of current users of our goods and services unless you choose to opt out by notifying us by email.


9. Cookies and Privacy

We may obtain information about your general Internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and services so that we can deliver a better and more personalised service, for example by remembering your login details. Some of the cookies we use are essential for the website to operate. By using our website, you agree to our use of cookies.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data uploaded via our website. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

We will need you to help us ensure that all the personal data you provided to us is accurate and up to date. If you wish to correct and update any of your personal data, you may do so by updating the personal data through the preferences available in your customer account.

The Privacy Act gives you the right to access information we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our reasonable costs in providing you with details of the information we hold about you. Please send any access requests using our Contact Us page.


10. All Services Acquired for Business Purposes

You agree that you are acquiring our goods and services for the purposes of a business as defined in the Consumer Guarantees Act 1993. The provisions of that Act do not apply to the goods we sell or any of our services as they are not generally available for domestic or household use.


11. Assignment

You may assign (if you sell your company) and appoint another company on your behalf to use your customer account so long as you first obtain our prior written approval. We may assign and have someone else provide the goods we sell or any of the services we provide under these Terms.


12. Sending Bills and Notices

We will send bills and other notices to you using the email address for your customer account, and when this is not available we will send bills and other notices to the last postal address you have given us. We may also send notices by personal delivery or facsimile. We can assume any bill or notice we send by post has been delivered 5 days after we post it. Any communication received after 5pm or on a day which is not a working day in the place of receipt shall be deemed not to have been received until the next working day in the place of receipt. Please tell us if you change your contact details.


13. Technical Support and Complaints

In the event of an enquiry, problem or equipment breakdown which you cannot resolve, the procedure is as follows:

We ask that you report all problems/enquiries to the Customer Services Desk, providing as much detail as possible about your problem/enquiry;

We will log the problem with appropriate details into our call management system and assign a unique number to track your call. Your call will be passed to one of our engineers who will endeavour to resolve your problem/enquiry with a phone call;

All business critical problems will take priority over all other calls you report to us;

Where any equipment failure occurs owing to a fault or service provided by us or contracted third party supplier every effort will be made to resolve the failure within 24 business hours, but we cannot guarantee this;

Where any failure occurred owing to a fault or service that you are responsible for, then we will provide assistance as required, but we will not be liable for the resolution of service; or

All other calls will be prioritised and handled in accordance with our resolution policies or any variations agreed between us in writing.

Any concerns or complaints regarding this website should be emailed in the first instance using our Contact Us page.


14. Governing Law

If any provision (or part of a provision) of these Terms is found by any Court to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of these Terms.

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of New Zealand. The New Zealand Courts will have jurisdiction over any claim arising from, or related to our goods or services or these Terms.