TERMS AND CONDITIONS
- Agreement: This Application for Credit and these Terms and Conditions are the entire agreement between Fasttrack Automotive Compliance 2006 Limited (Fasttrack Compliance), the customer (Customer), and the guarantors (if any) (Guarantors) for the supply of services and associated ancillary goods (together called Services for the purposes of this Agreement) to any vehicle owned or in the control of the Customer (Vehicle) or equipment (Equipment) by Fasttrack Compliance to the Customer (Agreement). No other terms and conditions shall be expressed or implied into this Agreement. This Agreement applies to every purchase of Services made by or on behalf of the Customer and every supply of Equipment to the Customer.
- Price: The price of the Services will be as advised in writing by Fasttrack Compliance from time to time. The price for the Services shall be the price set by Fasttrack Compliance at the time the Customer places its order for the Services. Fasttrack Compliance reserves the right to alter the price of the Services at any time if the Customer requests a variation to the original Services, or additional Services are required in order properly to perform the Services, or Fasttrack Compliance’s cost of supplying the Services have changed (outside of its reasonable control).
- Payment: If the Customer does not hold an account with Fasttrack Compliance, the Customer is to pay the price of the Services, together with any associated delivery or other charges and GST, to Fasttrack Compliance on the day of collection or delivery of the Vehicle. If the Customer holds an account with Fasttrack Compliance then the Customer is to pay the price of the Services, together with any associated delivery or other charges and GST, by the 20th day of the month following the date of the invoice for those Services. All payments are to be made in full without any deduction or set-off.
- Default: All overdue accounts are to bear interest at Fasttrack Compliance’s sole discretion. If charged, interest is payable at the rate of 2% per month calculated on a daily basis from the due date until the time of actual payment but without prejudice to Fasttrack Compliance’s other rights and remedies in respect of any default. Fasttrack Compliance may suspend delivery of Services while the Customer is default. Default includes any Customer default of its obligations under this Agreement and is not limited to non-payment or late payment of any invoices. The Customer is to pay to Fasttrack Compliance any expenses, disbursements and legal costs incurred on an indemnity basis by Fasttrack Compliance in the enforcement of any rights contained in this Agreement, including any reasonable solicitor’s fees or debt collection agency fees.
- Credit Limit: Fasttrack Compliance may impose a credit limit on any Customer’s account and may change that credit limit from time to time without prior notice.
- Orders: On placing an order for Services the Customer is deemed to have accepted these Terms and Conditions.
- Delivery: Delivery of a Vehicle upon completion of the Services will be made to the Customer’s delivery address as previously agreed by the parties. Any time for delivery or performance of the Services given by Fasttrack Compliance shall be approximate only and is not an essential term of this Agreement. Fasttrack Compliance is not liable for any direct or indirect consequences of delay in delivery of a Vehicle or performance of the Services. The Customer will do all things necessary to enable the quick delivery of a Vehicle including providing clear and free access to the Customer’s premises between the hours of 9am to 5pm, Monday to Saturday. Unless the parties otherwise agree, the cost of delivery is to be met by the Customer. Delivery of a Vehicle is deemed to occur at the time the Vehicle is left by Fasttrack Compliance at the requested delivery address of the Customer. The signature of the Customer at delivery is not required for delivery to occur.
- Risk: All risk of loss of, or damage to, a Vehicle shall remain with the Customer regardless of whether the Vehicle is in Fasttrack Compliance’s possession or control. The Customer acknowledges and agrees that Fasttrack Compliance does not insure the Vehicle whilst in Fasttrack Compliance’s possession.
- Insurance: The Customer shall keep the Vehicle insured at all times whilst in Fasttrack Compliance’s possession and until both the Vehicle has been delivered or is deemed to be delivered to the Customer and payment has been made to Fasttrack Compliance. Fasttrack Compliance is not liable for any damage caused to the Vehicle regardless of whether the Vehicle is in Fasttrack Compliance’s possession or control. Where it can be proven that negligence from Fasttrack Compliance caused damage to the Vehicle then Fasttrack Compliance will pay the lower of the repair costs for the damage or the Customer’s insurance excess for that Vehicle.
- Returns: Once the Customer has accepted or is deemed to have accepted delivery of the Vehicle, no returns to Fasttrack Compliance will be accepted.
- Faulty Services: If the Customer believes that it has been supplied with faulty Services then the Customer must advise Fasttrack Compliance within 48 hours of the Vehicle being delivered to the Customer. Fasttrack Compliance will then collect the Vehicle or arrange for its collection from the Customer and will assess the Services and determine whether they are faulty. If, in the opinion of Fasttrack Compliance or its agent, the Services are faulty then Fasttrack Compliance will at its option replace the faulty Services or pay to the Customer or credit compensation to its account an amount not exceeding the purchase price paid by the Customer for the Services.
- Limitation of Liability: Except as provided in this Agreement, Fasttrack Compliance is not liable in any way (including liability for negligence or otherwise in tort or in equity) to the Customer or to any person in connection with the Services supplied or not supplied or the exercise of Fasttrack Compliance’s rights under this Agreement. In particular, but without limitation, Fasttrack Compliance (and its agents) are not liable for any loss of income, profits, savings or goodwill or for any indirect or consequential loss or damages arising from or relating to the Services performed by Fasttrack Compliance or Fasttrack Compliance being in possession or control of the Vehicle. In the event that Fasttrack Compliance is found liable, its liability will not exceed the purchase price paid by the Customer for the Services.
- Outside of Control: Fasttrack Compliance shall not be liable to the Customer for any:
(a) Delay in supplying the Services or Vehicle or non-performance of the obligations of Fasttrack Compliance due directly or indirectly to circumstances beyond the control of Fasttrack Compliance including strikes, disputes with sub-contractors and/or workmen, accidents, civil commotion, epidemics, floods, bad weather, delays in transportation, shortage of labour and/or materials, difficulties with variations, acts of God, acts, demands or requirements of any government, Council or similar body, the failure of the Customer or other third party to complete any work or provide detailed instructions to Fasttrack Compliance whenever the same may be required within a reasonable time (or within the time specifically allowed for the same by Fasttrack Compliance) and any other delays as a result of any failure of the Customer insofar as the same are not reasonably attributable to Fasttrack Compliance (Delays).
(b) Costs, loss or damage incurred or suffered by the Customer because of the late, short or non-delivery of the Services or the Vehicle. Any time for delivery indicated by Fasttrack Compliance shall be approximate only and shall not be of the essence.
- Equipment: Fasttrack Compliance may provide Equipment for the Customer’s use in conjunction with the Services or Vehicle during the term of this Agreement. The Customer’s only right to the Equipment is the right to use the Equipment only in conjunction with the Services or Vehicle for the purposes of this Agreement and the Customer holds the Equipment as bailee only unless otherwise agreed in writing with Fasttrack Compliance. The Customer must ensure that the Equipment is maintained in good order and repair at all times and keep the Equipment insured at all times and the Customer will be liable to Fasttrack Compliance for any loss or damage to the Equipment or any other loss caused to Fasttrack Compliance as a result of the Customer’s use or negligent treatment of the Equipment.
- Retention of Title and Security Interest: Fasttrack Compliance retains all property, title or ownership in any Services or Equipment supplied to the Customer until payment is made in full for those Services and the Equipment is returned. Until ownership has passed to the Customer, the Customer will store the Vehicle and Equipment so that they are clearly identified as the property of Fasttrack Compliance. The Customer agrees that this Agreement is a security agreement and grants to Fasttrack Compliance a purchase money security interest in all Vehicles and Equipment supplied to secure all obligations of the Customer under this Agreement. The Customer agrees at its own cost to take all steps necessary and to provide Fasttrack Compliance with all information necessary to register, maintain and if necessary enforce a financing statement over a Vehicle or its proceeds and will advise Fasttrack Compliance immediately in writing of any changes to its name or other relevant information. The Customer waives any right to receive a copy of the verification statement of any financing statement. Fasttrack Compliance may require the Customer to pay all reasonable costs, including legal costs, associated with the discharge or amendment of any financing statement registered by Fasttrack Compliance, whether or not the change was initiated by the Customer.
- Vendor Warranties: For the purposes of section 43 of the Consumer Guarantees Act 1993 (CGA) and section 5D of the Fair Trading Act 1986 (FTA), the parties agree that the Services are being supplied and acquired in trade and so the CGA and sections 9, 12A, 13 and 14(1) of the FTA have been contracted out of to the extent permitted by law and shall not apply to the supply of the Services. The parties further agree that the implied conditions and warranties under Part 3 of the Contract and Commercial Law Act 2017 (CCLA) are expressly excluded under section 197 of the CCLA.
- Assignment: Neither the Customer nor the Guarantors may transfer any right or benefit under this Agreement. Fasttrack Compliance may transfer its rights and obligations under this Agreement including the right to exercise its security interests, recover unpaid Equipment from the Customer’s premises and collect outstanding payments from the Customer.
- Termination: Either party may terminate this Agreement at any time and for any reason by giving the other party notice of that intention in writing. Upon termination of the Agreement, all indebtedness of the Customer to Fasttrack Compliance is immediately due and payable and the Customer is to return (or allow collection of) all property including the Equipment belonging to Fasttrack Compliance. The Customer accepts that Fasttrack Compliance is entitled to retain possession of any Vehicle that Services have been supplied for until such time that the Customer has paid for those relevant Services.
- Information: The Customer and Guarantor irrevocably authorise Fasttrack Compliance to obtain from or to provide to any third party any information about the Customer and/or Guarantor as may be required by Fasttrack Compliance in connection with its lawful commercial purposes including, without limitation, in determining whether to extend credit to the Customer. The Customer and Guarantor will have the right to access and correct the information held by Fasttrack Compliance about the Customer and/or Guarantor.
- Guarantee: In consideration of Fasttrack Compliance supplying the Services to the Customer, the Guarantor (and if more than one, jointly and severally) irrevocably and unconditionally guarantees the punctual payment of all amounts payable by the Customer to Fasttrack Compliance and the punctual performance of all of the Customer’s obligations to Fasttrack Compliance under this Agreement. The Guarantors acknowledge that they have been advised to obtain independent legal advice prior to signing this Agreement and have been given a reasonable time to do so.
- Notices: Every notice given under the terms of this Agreement will be sufficiently given if delivered personally, posted, emailed, or faxed to the intended recipient at his/her/its last known residential address, email address, or facsimile number, or to the last known physical business address, email address or facsimile number of that business.
- Disputes: The parties agree to refer to mediation any dispute arising from or connection with this Agreement and/or the supply of Services. If the parties are unable to resolve the dispute through mediation then either party may initiate an alternative form of resolution procedure or litigation.
- Miscellaneous: Fasttrack Compliance may in its absolute discretion change these Terms and Conditions at any time by sending at least 30 days’ notice in writing of the change to the Customer’s last known physical business or residential address or email address. Fasttrack Compliance shall not be deemed to have waived any right to do anything unless that waiver is in writing and signed by an authorised manager of Fasttrack Compliance. The illegality, in-validity or unenforceability of any term of this Agreement is not to affect the legality, validity or enforceability of any other term. To the best of the Customer’s knowledge and information, the Customer confirms that none of the Services or Equipment supplied under the Agreement is used, either directly or indirectly, to benefit any known criminal or criminal organisations, or for their criminal purposes. Any electronic copy of this Agreement may be relied upon by the other party as though it were an original copy.