Terms and Conditions

1. Definitions

1. “Spray Safe Training Hawkes Bay” shall mean any trainer, its successors and assigns or any person acting on behalf of and with the authority of Spray Safe Training Hawkes Bay.
2. “Client” shall mean the client (or any person acting on behalf of authority of the client) as described on any registration form or any other form provided by the trainer to the client.
3. “Guarantor” shall mean that person(s) or entity, who agrees to be liable for the debts of the client on a principal debtor basis.
4. “Services” shall mean all services, training or otherwise, supplied by Spray Safe Training Hawkes Bay to the client (and includes any advice or recommendations) and are described as on the invoices, quotations, training authorisation or any other forms as provided by Spray Safe Training Hawkes Bay to the client.
5. “Price” shall mean the price payable for training or services as agreed between Spray Safe Training Hawkes Bay and the client in accordance with Clause 3 of this contract.

2. Acceptance

1. Any instructions received by Spray Safe Training Hawkes Bay to the client for the supply of services and/or the client’s acceptance of services supplied by Spray Safe Training Hawkes Bay shall constitute acceptance of the terms and conditions herein.
2. Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments of the price.
3. Upon acceptance of these terms and conditions by the client(s), the terms and conditions are binding and can only be amended with the written consent of Spray Safe Training Hawkes Bay.
4. The client shall give Spray Safe Training Hawkes Bay no less than 3 days prior written notice if unable to attend any booked training courses or site visits and will be liable for any costs incurred by Spray Safe Training Hawkes Bay for failure to comply with this clause.
5. Spray Safe Training Hawkes Bay reserves the right to refuse admittance to courses, or carry out any site visits if Spray Safe Training Hawkes Bay suspects that the person may be under the influence of drugs or alcohol, or be carrying the above or goods of dangerous nature.

3. Price and Payment

1. At Spray Safe Training Hawkes Bay’s sole discretion the price shall be either:
a. As indicated on advertising material or invoices provided by Spray Safe Training Hawkes Bay in respect of services provided, or
b. Spray Safe Training Hawkes Bay current price at the time of delivery of the services according to Spray Safe Training Hawkes Bay’s current price list, or
c. Spray Safe Training Hawkes Bay’s quoted price (subject to clause 3b) which shall be binding upon Spray Safe Training Hawkes Bay provided that the client shall accept Spray Safe Training Hawkes Bay’s quotation in writing within 30 days or by the stated expiry date.
2. Spray Safe Training Hawkes Bay reserves the right to change the price in the event of a variation to Spray Safe Training Hawkes Bay’s quotation.
3. At Spray Safe Training Hawkes Bay’s discretion, a deposit may be required.
4. At Spray Safe Training Hawkes Bay’s sole discretion:
a. Payment shall be due on delivery, on completion of the services provided, or
b. Payment shall be due prior to delivery of services.
5. Time payment for services shall be of the essence and shall be stated on either the initial confirmation letter or the invoice. If no time is started then payment shall be due on the twentieth of the month. An invoice shall be sent to the email address supplied by the client.
6. Payment may be made by direct debit.
7. GST and any other taxes or duties that may be applicable shall be added to the price except when they are expressly included in the price.

4. Delivery of Services

1. At the discretion of Spray Safe Training Hawkes Bay the delivery of services shall take place at the address specified in the booking confirmation email.
2. The failure of Spray Safe Training Hawkes Bay to deliver the services shall not entitle either party to treat this contract as repudiated.
3. Spray Safe Training Hawkes Bay shall not be liable for any loss of income or costs incurred by the client due to failure by Spray Safe Training Hawkes Bay to deliver services promptly, or at all, which are due to circumstances beyond the control of Spray Safe Training Hawkes Bay. (See General section)

5. Title

1. The client and Spray Safe Training Hawkes Bay agree that certificates or other documents required by the client shall not be issued until:
a. The client has paid in full the amount owed to Spray Safe Training Hawkes Bay for the particular services delivered, and
b. The client has met all the obligations required by Spray Safe Training Hawkes Bay or its governing bodies in respect to the contract between the client and Spray Safe Training Hawkes Bay.
2. Receipt by Spray Safe Training Hawkes Bay of any form of payment other than cash, shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then, Spray Safe Training Hawkes Bay’s ownership or rights in respect of the services shall continue.

6. Refunds

1. A partial refund will be given only in the event of any reason Spray Safe Training Hawkes Bay’s unable to or prevented from delivering the services.
2. Where services have commenced and then not completed by Spray Safe Training Hawkes Bay for any reason, the amount of refund given shall be at the sole discretion of Spray Safe Training Hawkes Bay and subject to the extent of service already provided.
3. The client acknowledges that under no circumstances shall Spray Safe Training Hawkes Bay be liable for the client’s inability to complete the services for any reason, and such an event shall not validate the refund of the price by Spray Safe Training Hawkes Bay.

7. Liability

1. The client acknowledges that the services offered by Spray Safe Training Hawkes Bay may be of a hazardous nature (including but not limited to terrain, weather conditions, agrichemical exposure, application equipment). The client agrees to indemnify Spray Safe Training Hawkes Bay against all liability for any injury or damage incurred while the services are being provided by Spray Safe Training Hawkes Bay.
2. The client acknowledges it is their responsibility to advise Spray Safe Training Hawkes Bay of any relevant information that may impact on the way the services are to be provided by Spray Safe Training Hawkes Bay and agrees to indemnify Spray Safe Training Hawkes Bay against all claims arising, where it is evident that the client has failed to provide such information.
3. Spray Safe Training Hawkes Bay acknowledges it is their responsibility to provide the client(s) with any relevant information that may impact on the services provided and takes no responsibility for any loss, damage or injury incurred by the client(s) where this information has been disregarded.

8. Consumer Guarantees Act 1993

1. If the client is acquiring services for the purpose of trade or business, the client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the services by Spray Safe Training Hawkes Bay to the client.

9. Default and Consequences of default

1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment at the rate of two and a half perfect(5%) per calendar month (and at Spray Safe Training Hawkes Bay’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
2. In the event that the client’s payment is dishonoured for any reason, the client shall be liable for any dishonor fees incurred by Spray Safe Training Hawkes Bay.
3. If the client defaults in payment of any invoice when due, the client shall indemnify Spray Safe Training Hawkes Bay from and against all costs and disbursements incurred by Spray Safe Training Hawkes Bay in pursuing the debt, including legal costs of a solicitor and own client basis and Spray Safe Training Hawkes Bay’s collection agency costs.
4. Without prejudice to any other remedies Spray Safe Training Hawkes Bay may have, if at any time the client is in breach of any obligation (including payment) Spray Safe Training Hawkes Bay may suspend or terminate the supply of services to the client and any of its obligations under the terms and conditions. Spray Safe Training Hawkes Bay will not be liable to the client for any loss the client suffers because Spray Safe Training Hawkes Bay has exercised its rights under this clause.
5. If any account remains overdue after 30 days then an amount of 10% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

10. Deferment of Services

1. Spray Safe Training Hawkes Bay may defer services to which these terms and conditions apply or defer delivery of services at any time before the services are delivered by giving written notice (email or letter) to the client. The reason for deferment of services includes but is not limited to, insufficient numbers to deliver the services or inability by Spray Safe Training Hawkes Bay to meet its contractual obligations due to weather conditions, travel disruptions or for any other reason that Spray Safe Training Hawkes Bay deems sufficient to defer provision of services.
2. In the event that delivery of services is deferred, Spray Safe Training Hawkes Bay will refund the deposit paid in advance by the client to offset any losses incurred by the client. Where no deposit has been paid in advance, the client will be liable for any loss incurred by the deferment.
3. Where the client fails to show for agreed, arranged delivery of services by Spray Safe Training Hawkes Bay, Spray Safe Training Hawkes Bay shall bill the client for any losses (including financial) incurred as a result of the client failing to attend said arranged courses or training.

11. Privacy Act 1993

1. The client (or guarantor) accepts that information required for the purpose of issuing certification to the client is mandatory and authorises Spray Safe Training Hawkes Bay to collect, retain and use the clients information for the purpose of assessing the client.
2. The client has the right to request Spray Safe Training Hawkes Bay to correct and incorrect information about the client and/or guarantor held by Spray Safe Training Hawkes Bay.
3. Spray Safe Training Hawkes Bay will not disclose or use any information regarding the client without first requesting permission from the client.
4. Spray Safe Training Hawkes Bay has the right to use any information given to Spray Safe Training Hawkes Bay by the client for the purpose of issuing documentation required by the client.

12. General

1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. Spray Safe Training Hawkes Bay shall be under no liability to the client for any indirect loss and/or expense (including loss of profit) suffered by the client arising out of a breach by Spray Safe Training Hawkes Bay of these terms and conditions.
3. In the event of any breach of this contract by Spray Safe Training Hawkes Bay the remedies of the client shall be limited to damages which under no circumstance shall exceed the price of the services.
4. The client shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the client by Spray Safe Training Hawkes Bay.
5. Spray Safe Training Hawkes Bay may sub-contract part or all of its rights and obligations without the clients consent.
6. Spray Safe Training Hawkes Bay reserves the right to review these terms and conditions at any time. If there are changes made as a result of this review, then the change will take effect from the date Spray Safe Training Hawkes Bay notifies the client of such changes.
7. Neither party shall be liable for any default due to an act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of either party.
8. The failure by Spray Safe Training Hawkes Bay to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Spray Safe Training Hawkes Bay’s right to subsequently enforce that provision.
9. Spray Safe Training Hawkes Bay delivers training and assessment through an agreement with Turanga Ararau . Turanga Ararau is a New Zealand Qualifications Authority (NZQA) registered Private Training Establishment (PTE) . This agreement applies only to candidates who are New Zealand citizens or Permanent Residents. (dependant on course type)